ORD 85-09 NEW PENALTY FOR TITLE 46 VIOLATIONSSEF:clh
2/19/85
Rev 2/25/85
Rev 3/22/85
ORDINANCE NO. 85-09
AN ORDINANCE OF THE CITY OF WINSLOW. WASHINGTON.
AMENDING SECTION 10.04,010; REPEALING SECTION 10.04o030;
AND AMENDING SECTION 10.04,090 BY ESTABLISHING A NEW
PENALTY FOR RCW TITLE 46 VIOLATIONS,
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON. DO ORDAIN AS
FOLLOWS:
Section 1, Section I0.04,010 of the Winslow City Code is hereby
amended to read as follows:
10~04,010 Adoption by reference, The "Washington Model
Traffic Ordinance". RCW Chapter 46,90. referred to in this chap-
ter as the "MTO", and RCW 46,52.088.46~61.072.46~61~202.
46.41~215.46.61.261, 26,61.264, 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 adopted by reference as and for the traffic ordi-
nance of this City as if set forth in full in this chapter, except
as provided in Section I0.04,040.
Section 2, Section 10.04,030 of the Winslow City Code is hereby
repea led,
Section 3- Section 10,04,090 of the Winslow City Code is hereby
amended to read as follows:
10.04.090 Violation - Penalty-
Any person found to have committed an act designated a
traffic infraction under the provisions of RCW Title 46, as
adopted by reference in this chapter. shall be punished by
a fine of not more than two hundred fifty dollars ($250)-
Unless another penalty is expressly provided by law in the
MTO or in the statutes that are adopted by reference therein-
any person found So have committed an act designated a mis-
demeanor under the provisions of RCW Title 46, as adopted
by reference in this chapter. shall be punished by a fine of
not more than one thousand dollars ($1000) or by imprison-
ment of not more than ninety days or both-
Unless another penalty is expressly provided by law in the
MTO or in the statutes that are adopted by reference therein,
any person found to have committed an act designated a crimi-
nal offense other than a misdemeanor under the provisions of
RCW Title 46, as adopted by reference in this chapter, shall
be punished by a fine of not more than five thousand dollars
($5000) or by imprisonment of not more than one year or both-
Section 4. Severability. If any section, sentence. clause or
phrase of this title should be held to be invalid or unconstitutional by a
court of competent jurisdiction. such invalidity or unconst~tutionality shall
not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this title.
Section 5. The provisions repealed or amended by this ordinance
do not effect the rights and duties which matured, penalties which were
incurred, and proceedings which were begun prior to the adoption of this
ordinance. The provisions of this ordinance do not apply to or govern the
construction of and punishment for any offense committed prior to the
effective date of this ordinance, or to the construction and application
of any defense to a prosecution for such an offense. Such an offense must be
construed and punished according to the provisions of law existing at the time
of the commission thereof in the same manner as if this title had not been
enacted.
Section 6. Incident to the adoption by reference of certain state
laws contained in the Revised Code of Washington, one copy of the text of the
statutes adopted by reference in this ordinance shall be filed as required by
RCW 35A. I2,140 for use and examination by the public.
Section 7. This ordinance shall be in full force and effect five
(5) days after passage and publication by posting as provided by law.
ATTEST/AUTHENTICATED:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WTIH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
POSTED: 5/22/85
EFFECTIVE DATE: 5/28/85
ORDINANCE NO. 85-0 9
3/27/85
5/Z6/85