ORD 81-36 MODEL TRAFFIC ORDINANCEORDINANCE NO. 81-36
An ordinance adopting the Washington Model
Traffic Ordinance and other traffic statutes
to regulate traffic on the highways of the
City of Winslow and repealing Ordinances
Number 99, 125, 127, 133, 153, 65-7, 66-14,
67-9, 67-12, 69-2, 70-20, 71-12, 72-1, 72-13,
74-24, 78-11, 78-13, 80-01, and 80-07.
The City Council of the City of Winslow do ordain as follows:
SECTION 1: ADOPTION BY REFERENCE.
A. The "Washington Model Traffic Ordinance," Chapter
46.90'RCW, hereinafter referred to as the "MTO," and RCW
46.52.088, 46.61.072, 46.61.202, 46.61.215, 46.61.261,
46.61.264, 46.61.266, 46.61.269, 46.61.520, 46.61.540, 46.61.606,
46.61.608, 46.61.614, 46.61.690, 46.64.017, and 47.36.130 are
hereby adopted by reference as and for the traffic ordinance
of this City as if set forth in full herein except as provided
in Section 1, paragraph B and Section 2.
B. RCW 46.61.506 and 46.61.515 of the MTO, as amended
by th~ State legislature, is adopted to read as follows:
46.61.506 Persons under influence of intoxicating liquor or drug --
Evidence -- Qhemical tests -- Information concerning tests. (1) Upon
the trial of any civil or criminal action or proceeding arising out
of acts alleged to have been cen~nitted by any person while driving
or in actual physical control of a vehicle while under the influence
of intoxicating liquor or any drug, if the amount of alcohol in the
person's blood at the time alleged as shc~n by dlemical analysis of
his blood, breath, or other bodily substance is less than 0.10 percent
by weight of alcohol in the person's blood, it is evidence that may be
considered with other c~mpetent evidence in determining ~qether the
person was under the influence of intoxicating liquor or any drug.
(2) Percent by weight of alcohol in the blood shall be based upon
milligrams of alcohol per one hundred cubic centimeters of blood. ~he
foregoing provisions of this section shall not be construed as limiting
the introduction of any other competent evidence bearing ~upon the
question whether the person was under the influence of intoxicating liquor
or any drug.
(3) Chemical analysis of the person's blood or breath to be considered
valid under the provisions of this section or R~q 46.61.502 or 46.61.504
shall haw been performed according to methods appreved by the state
toxicologist and by an individual pessessing a valid permit issued by
the state toxicologist for this purpose. ~he state toxicelogist is
directed to approve satisfactory tedqniques or n~th~]s,to supervise the
examination of individuals to ascertain their qualifications and compe-
tence to conduct sudq analyses, and to issue permits which shall be
subject to termination or revocation at the discretion of the state
toxioologist.
(4) When a blood test is a~ministered under the provisions
of RCW 46.20.308, the withdre~val of blood for the purFose of
determining its alcoholic content may be performed only by a
physician, a registered nurse, or a qualified technician.
lhis limitation shall net apply to the taking of breath specin~ns.
(5) The person tested may have a physician, or a qualified
technician, chemist, registered nurse, or other qualified person
of his own choosing administer a chemicial 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 l~w enforcemsnt officer.
(6) Upon the request of the person who shall submit to a chemical
test or tests at the request of a law enforcement officer, full
information concerning the test or tests shall be made available
to him or his attorney. (1979 1st ex.s.c 176 5; 1975 1st ex.s.c 287
1; 1969 cl 3 (Initiative Fsasure No. 242 3).
46.61.515. Driving or being in _.~hysical control of motor vehicle
while under the influence of intoxicating liquor or drugs - Penalties -
Penalty assessnBnts in addison to fines, etc. -- Suspension or revocation
of license - Appeal. (1) Every person who is convicted of a violation
of NCW 46.61.502 or 46.61.504 shall be punished by imprisonment for net
less than one day ner more than one year, and by a fine of net more than
five hundred dollars. The person shall, in addition, be required to
conlolete a course at an alcohol information school approved by the
departFent of social and health services. One day of the jail sentence
shall net be suspended or deferred unless the judge finds that the
imposition of the jail sentence will pose a risk to the defendant's
physical or mental well being. Whenever the mandatory jail sentence is
suspended or deferred, the judge must state, in writing, the reason for
granting the suspensi6n or deferral and the facts upon which the sus-
pension or deferral is based.
(2) On a second or subsequent conviction under RGq 46.61.502 or 46.61.
504 within a five year period a person shall be punished by imprisionmsnt
for net less than seven days ner more than one year and by a fine net
more than one thousand dollars. The jail sentence shall not be suspended
or deferred unless the judge finds that the imposition of the jail sentence
will pose a risk to the defendant's physical or mental well-being. When-
ever the mandatory jail sentence is suspended or deferred, the judge must
state, in writing, the reason for granting the suspension or deferral and
t~he facts upon which the suspension or deferral is based. If such person
at the time of a second or subsequent conviction is without a license or
permit because of a previous suspension or revocation, the minimum manda-
tory sentence shall be ninety days in jail and a ~o hundred dollar fine.
The penalty so imposed shall not be suspended or deferred.
In addition to any nonsuspendable and nondeferrable jail sentence required
by this subsection, the court shall sentence a person to a term of imprison-
ment not exceeding one hundred eighty days and shall suspend but shall net
defer the sentence for a period not exceeding two years. The suspension of
the sentence may be conditioned upon neDrepetition, alcohol or drug
treatment, supervised probation, or other conditions that may be
appropriate. The sentence may be imposed in whole or in part upon
violation of a condition of suspension during the suspension period.
(3) there shall be levied and paid into the highway safety fund
of the state treasury_. a penalty assessment in the minimum amount
of twenty-five percent of, and which shall be in addition to, any
fine, bail forfeiture, or costs on all offenses involving a violation
of any state statute or city or county ordinance relating to
driving a motor vehicle while under the influence of intoxicating
liquor or being in actual physical control of a motor vehicle while
under the influence of intoxicating liquor; Provided, that all funds
derived from such penalty assessment, shall be in addition to and
exclusive of assessments made under RCW 46.81.030 and shall be for the
exclusive use of the department for driver services programs and for a
state-wide alcohol safety action program, or other similar programs
designed primarily for the rehabilitation or control of traffic
offenders. Such penalty assessment shall be included in any bail
schedule and shall be included by the court in any pronouncement of
sentence.
(4) Notwithstanding the provisions centained in chapters 3.16, 3.46,
3.50, 3.62, or 35.20 ~W, or any other section of ]~, the penalty
assessment provided for in subsection (3) of this section shall not
be suspended, waived, Fodified, or deferred in any respect, and all
moneys derived from such penalty assessments shall be forwarded to the
highway safety fund to be used exclusively for the purposes set forth
in subsection (3) of this section.
(5) The license or permit to drive or any nonresident privilege of
any person convicted of either of the offenses named in 5 46.61.502
or 46.61.504 shall:
(a) On the first conviction under either such offense, be suspended
by the department for not less than thirty days: Provided, that the
court may reconmend that no suspension action be taken;
(b) On a second conviction under either such offense within a
five year period, be suspended by the department for not less than
sixty days;
(c) On a third or subsequent conviction under either such offense
within a five year period, be revoked by the departFent.
(6) In any case provided for in this section, where a driver's license
is to be revoked or suspended, such revocation or suspension shall be
stayed and shall not take effect until after the determination of any
appeal from the conviction which may l~fully be taken, but in case
such conviction is sustained on appeal such revocation or suspension
shall take effect as of the date that the conviction becomes effective
for other purposes.
(7) The provisions of this section limiting the authority of a court
to defer or suspend a sentence shall not take effect until Jan.~ry 1,
1980. The division of criminal justice, no later than December 31, 1980,
shall submit a study to the house of representatives and to the senate
which details the impact of the sentencing provisions established by this
section. The impact study shall include, but shall not be limited to,
the following information: The impact of the provisions upon county jail
conditions and bed space, the cost impact of the provisions upon local and
state governmants, and the existence of alternative facilities to
which individuals sentenced under this section may be con~L.~tted. (1979
1st ex.s. c 176 6; 1977 ex.s. c 3 3; 1975 1st ex.s.c 287 2; 1974 ex.s.c
130 1; 1971 ex.s. c 284 1; 1967 c 32 68; 1965 ex.s.c 155 62.).
SECTION 2: SECTIONS NOT ADOPTED. The following sections of
the MTO are not adopted by reference and are expressly deleted:
46.90.142
46.90.145
46.90.148
46.90.172
46.90.250
46.90.255
46.90.500
46.90.505
46.90.510
46.90.515
46.90.520
46.90.525
46.90.530
46.90.535
46.90.540
46.90.600
46.90.610
46.90.620
46.90.630
46.90.640
46.90.650
46.90.660
SECTION 3: PENALTIES. Unless another penalty is expressly pro-
vided by law in the MTO or in the statutes that are adopted by
reference therein, any person who is convicted of violating or
failing to comply with any of the provisions of this ordinance
shall be punished by a fine of not more than $500.00 or by
imprisonment not to exceed ninety days or both.
SECTION 4: DISPOSITION OF TRAFFIC FINES AND FORFEITURES. All
fines or forfeitures collected upon conviction or upon forfeiture
of bail of any person charged with a violation of any of the
provisions of this chapter shall be paid into the general fund
of the City.
SECTION 5: OFFICIAL MISCONDUCT. Failure, refusal, or neglect
on the part of any judicial or other officer or employee
receiving or having custody of any such fine or forfeiture of
bail, either before or after a deposit in said general fund, to
comply with the provisions of Section 4 shall constitute mis-
conduct in office and shall be grounds for removal therefrom,
provided appropriate removal action is taken pursuant to State
law relating to removal of public officials.
SECTION 6: DEFINITION. In 46.20.308 public highway shall be
deemed to include public and private lots, alleys, and the
ways around service stations which are available to the public
for vehicular travel or parking.
SECTION 7: FILING OF ORDINANCE. Incident to the adoption of the
MTO by reference, by this ordinance, copies of the text of
the adopted MTO and of other adopted statutes shall be filed as
required by RCW 35A.12.140 for use and examination by the public.
SECTION 8: REPEAL. Ordinances numbered 99, 125, 127, 133, 153,
65-7, 66-14, 67-9, 67-12, 69-2, 70-20, 71-12, 72-1, 72-13, 74-24,
78-11, 78-13, 80-01, and 80-07 are hereby repealed in their
entirety.
SECTION 9: SEVERABILITY CLAUSE. If any provisions of this ord-
inance or its application to any persons or circumstances is
held invalid, the remainder of the ordinance, or the application
of the provision to other persons or circumstances is not
affected.
SECTION 10: EFFECTIVE DATE. This ordinance shall take effect
five days after the posting of this ordinance in a manner provided
by law.
Passed by the City Council this
1981.
day of
YOR y/
ATTE ST:
APPROVED AS TO FORM:
THOMAS M. WALSH, City Attorney
I do hereby certify this Ordinance was signed by the Mayor this
13~h day of November, and thereafter posted this
13thday of Noven~}er, at the Ferry Terminal, Chanter
of ~(12~Terce, City Hall. E~ective November 18, 1981.
Clerk/Treasurer
S E A L