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