Loading...
HomeMy WebLinkAbout1338 OrdinanceORDINANCE NO. 133a AN ORDINANCE AMENDING SECTION 106 OF ORDINANCE NO. 1024 AS AMENDED BY SECTION 1 OF ORDINANCE 1261, AND PASCO CITY CODE 8-40.04, AND BEING AN ORDINANCE RELATING TO AND REGULATING MOTOR VEHICLES, TRAFFIC, TRAVEL, AND TRANSPORTATION AND THEIR INCIDENTS UPON THE PUBLIC STFEETS, BICYCLE PATHS, AND OTHER WAYS OPEN TO THE PUBLIC; PRESCRIBING THE POWERS AND DUTIES OF OFFICERS AND OTHERS IN RELATION THERETO; DEFINING OFFENSES; AND PROVIDING PENALTIES. _.r THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. Section 106 of Ordinance 1024, as amended by Section 1 of Ordinance 1261, and Pasco City Code 8-40.04 are hereby amended to read as follows: The following statutes are hereby adopted by reference: RCW 16.24.065 RCW 46.37. 130 16. 24. 070 46. 37. 140 46. 04. 010 through 46. 04. 680, 46.37. 150 except 46.04.440 46. 37. 160 46. 08. 060 46. 37. 170 46. 08. 080 46. 37. 180 46.08. 190 46. 37. 185 46. 16. 010 46. 37. 186 46. 16. 240 46. 37. 187 46. 16. 135 46. 37. 188 46. 20. 021 46. 37. 190 46.20. 308 (1) (2) (3) 46.37. 200 46. 20. 342 (Ch. 145, Sec. 52, 46. 37.210 Laws of 1967 Ex. Session) 46.37.220 46. 20. 343 46. 37. 230 46, 20. 344 46. 37. 240 46, 20. 420 46. 37. 250 46. 32. 060 46. 37. 260 46.35. 070 46. 37. 270 46. 37.010 46. 37. 280 46. 37. 020 46. 37. 290 46. 37.030 46. 37. 300 46. 37.040 46. 37. 310 46. 37.0 50 46. 37. 340 46. 37.060 46. 37. 351 46. 37. 070 46. 37. 360 46. 37.080 46. 37. 365 46. 37.090 46. 37. 370 46. 37.100 46. 37. 380 46. 37. 110 46. 37. 390 46, 37. 120 46. 37. 400 r. RCW 46.37.410 RCW 46.61. 125 46. 37. 420 46. 61. 130 46. 37. 430 46. 61. 135 46. 37. 440 46. 61. 140 46. 37.450 46.61. 145 46. 37. 460 46.61. 150 46. 37. 470 46. 61. 155 46. 37. 480 46, 61. 160 46. 37. 500 46. 61, 180 46. 37. 510 46. 61. 185 46. 37. 530 46. 61. 190 46. 37. 535 46. 61. 195 with the exception 46.44. 010 of the third paragraph thereof 46. 44. 020 46. 61. 200 46. 44.0 30 46. 61. 205 46. 44.0 34 46. 61. 210 46. 44. 036 46. 61. 230 46. 44. 040 46. 61. 23 5 46. 44. 042 46. 61. 240 46. 44. 044 46. 61. 245 46. 44. 045 46. 61. 250 46. 44. 046 46. 61. 255 46. 44. 047 46. 61, 260 46. 44.0 50 46.61. 265 46. 44. 060 46. 61. 270 46. 44. 070 46. 61. 290 with the exception 46.44.100 of (4) thereof 46. 44. 110 46. 61. 295 46. 48. 170 46, 61. 300 46. 52. 010 46. 61. 305 46. 52. 020 46. 61. 310 46. 52. 030 46. 61. 315 46. 52. 040 46. 61. 340 46, 52. 070 46. 61. 345 46. 52. 090 46. 61. 350 46. 52. 110 46. 61. 355 46.61. 005 46. 61. 360 46. 61. 010 46. 61. 365 46. 61. 015 46. 61, 370 46. 61. 020 46. 61. 385 only fourth 46.61.025 paragraph thereof 46.61. 030 46. 61. 400 46. 61. 035 46. 61. 415 46. 61. 050 46. 61. 425 46. 61. 055 46. 61. 440 46.61. 060 46. 61. 445 46.61. 065 46. 61. 450 46. 61. 070 46. 61, 455 46. 61. 075 46. 61. 460 46.61. 080 46. 61. 465 46. 61. 085 46. 61. 500 only (1) thereof 46. 61. 100 46. 61. 506 46.61, 105 46. 61. 510 46.61. 110 46. 61. 525 46.61. 115 46. 61. 530 46. 61. 120 46. 61. 535 - 2 - RCW 46.61. 570 46. 61. 575 with the exception of (3) & (4) thereof 46.61. 580 46. 61. 600 46.61. 605 46. 61. 610 46. 61. 611 46.61. 615 46. 61. 620 46. 61. 625 46. 61. 630 46. 61. 635 46.61. 640 46.61. 645 46. 61. 650 46.61. 655 46. 61. 660 46.61. 665 46.61. 670 46.61. 675 46.61. 680 46.61. 685 46. 61. 695 46. 61. 700 , 46. 61.7 50 46.61. 755 46.61. 760 46.61. 765 46. 61. 770 46. 61. 775 46. 61. 780 46. 64. 010 46. 64. 015 46. 64. 020 46. 64. 025 46. 64. 030 46. 64. 048 47. 36. 130 47. 36. 180 47.36. 200 47. 36. 220 47. 52.010 47. 52.011 47. 52.040 47. 52. 110 47. 52. 120 Section 2. This Ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council and APPROVED as provided by law this 4 day of February, 19:6.9,.. AT G. E. CARTER, MAYOR - 3 - 00. 6 A $ ? To CITY TRAFFIC ORDINANCE TO REFLECT "DRIVERS' IMPLIED CONSENT - ��•� N 119TS" IN INITIATIVE MEASURE NO. 242 (CH: 1, wis of 1969) . a' .h./ ,'46.20.308 Implied consent - Revocation, etc. for refusal to submit emical tests to determine alcoholic contentof blood. ny person who "operates a motor vehicle upon the public highways of this state shall be deemed to have given consent, subject to the provisions of RCW 46.61.506, to a chemical test or tests of his breath or blood for the purpose of determining the alco- holic content of his blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor. The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle upon the public highways of this state while under the influence of intoxicating liquor. Such officer shall inform the person of his right to refuse the test, and of his right to have additional tests administered by any qualified person of his choosing as provided in RCw 46.61.506. The officer shall warn the driver that his privilege to drive will be revoked or denied if he refuses to submit to the test. Unless the person to be tested is uncon- scious, the chemical test administered shall be of his breath only. (2) Any person who is dead, unconscious or who is otherwise in a condi- tion rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (1) of this section and the test or tests may be administered, subject to the provisions of RCW 46.61.506. (3) If, following his arrest, the person arrested refuses upon the request of a law enforcement officer to submit to a chemical test of his breath, after being informed that his refusal will result in the revocation or denial of his privilege to drive, no test shall be given. The department of motor vehicles, upon the receipt of a sworn report of the law enforcement officer that he had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the public highways of this state while under the influence of intoxicating liquor and that the person had refused to submit to the test upon the request of the law enforce- ment officer after being informed that such refusal would result in the revo- cation or denial of his privilege to drive, shall revoke his license or permit to drive or any nonresident operating privilege. If the person is a resident without a license or permit to operate a motor vehicle in this state, the department shall deny to the person the issuance of a license or permit for a period of six months after the date of the alleged violation, subject to review as hereinafter provided. [1969 c 1 § 1 (1), (2), and (3) (Initiative Measure No. 242 § 1 (1), (2), and (3)).] RCW 46.61.506 Persons under influence of intoxicating liquor - Presumptions - Evidence - Chemical tests - Information concerning tests. (1) It is unlawful for any person who is under the influence of or affected by the use of intoxi- cating liquor or of any narcotic drug to drive or be in actual physical control of a vehicle within this state. (2) Upon the trial of any civil or criminal action or proceeding aris- ing out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicat- ing liquor, the amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of his blood, breath or other bodily substance shall give rise to the following presumptions: 1 (a) If there was at that time 0.05 per cent or less by weight of alcohol in the person's blood, it shall be presumed that he was not under the influence of intoxicating liquor. (b) If there was at that time in excess of 0.05 per cent but.less than 0.10 per cent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining whether the person was under the influence of intoxi- cating liquor. (c) If there was at that time 0.10 per cent or more by weight of alcohol in the person's blood, it shall be presumed that he was under the influence of intoxicating liquor. (d) Per cent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred cubic centimeters of blood. (e) The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidencebearing upon the question whether the person was under the influence of intoxicating liquor. (3) Chemical analysis of the person's blood or breath to be considered valid under the provisions of this section shall have been performed according to methods approved by the state toxicologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. The state toxicologist is directed to approve satisfactory techniques or methods to supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion,of the state toxicologist. (4) When a blood test is administered under the provisions of RCT 46.- 20.3o8, the withdrawal of blood for the purpose of determining its alcoholic content may be performed only by a physician, a registered nurse, or a qual- ified technician. This limitation shall not apply to the taking of breath specimens. (5) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing admin- ister a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer. (6) Upon the request of the person who shal l. submit to a chemical test or tests at the request of a law enforcement officer, full information concern- ing the test or tests shall be made available to him or his attorney. [1969 c 1 § 3 (Initiative Measure No. 242 § 3).] ` IN