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ORD 94-17 WASHINGTON MODEL TRAFFIC ORDINANCEORDINANCE NO. 94-17 AN ORDINANCE of the City of Bainbridge Island, Washington, adopting the Washington Model Traffic Ordinance as contained in the Washington Administrative Code, Chapter 308-330 WAC to regulate traffic within the City; amending Sections 10.04.010, 10.04.020, and 10.04.070 of the Bainbridge Island Municipal Code. WHEREAS, the State legislature has provided that Chapter 46.90 RCW, which contained the Washington Model Traffic Ordinance, will expire on July 1, 1994; and WHEREAS, the provisions of Washington Model Traffic Ordinance have been readopted in the Washington Administrative Code, at Chapter 308-330 WAC, which will become effective on July 1, 1994; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN as follows: Section 1. Section 10.04.010 of the Bainbridge Island Municipal Code is amended to read as follows: 10.04.010 Adoption by Reference. The "Washington Model Traffic Ordinance," Chapter 308-330 WAC 46.90 RG :r, referred to in this chapter as the "MTO, " and RCW 46.29.610, 46.29.620, 46.61.517, 46.61.520, 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 10.04.020. Section 2. Section 10.04.020 of the Bainbridge Island Island Municipal Code is amended to read as follows: 10.04.020 Sections Not Adopted. The following sections of the MTO are not adopted by reference and are expressly deleted: 46 900.142 WAC 308-330-142 46�ow.145 WAC 308-330-145 46.90.48 WAC 308-330-148 46.90 .17 7 WAC 308-330-172 46.90..250 WAC 308-330-250 467,6-90155 WAC 308-330-255 46 0.500 WAC 308-330-500 46.90.505 WAC 308-330-505 46�.90.51 WAC 308-330-510 46 .90.515 WAC 308-330-515 46.90 .52 WAC 308-330-520 F:\DMS\RAL\0061953.01 06/14/94 - 1 - "� �'WAC 308-330-525 46.90.53A WAC 308-330-530 46.9To-7v-T» WAC 308-330-535 46.90.54A WAC 308-330-540 46.90.60A WAC 308-330-600 46.90.61A WAC 308-330-610 46.90.62 WAC 308-330-620 46.90.63A WAC 308-330-630 46640 WAC 308-330-640 46 0.6-5A WAC 308-330-650 46.90.66A WAC 308-330-660 Section 3. Section 10.04.070 of the Bainbridge Island Municipal Code is amended to read as follows: 10.04.070 Violation - Penalty. A. Any person found to have committed an act designated a traffic infraction under the provisions of the Title 46 RCW or the MTO, as adopted by reference in this chapter, shall be punished by a fine of not more than $250.00. B. Unless another penalty is expressly provided by law in the MTO or in the statures athat are adopted by reference therein any person found to have committed an act designated a misdemeanor under the provisions of Title 46 RCW or the MTO, as adopted by reference in this chapter, shall be punished by a fine of not more than $1,000.00 or by imprisonment of not more than 90 days or both. C. 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 criminal offense other than a misdemeanor under the provisions of Title 46 RCW or the MTO, as adopted by reference in this chapter, shall be punished by a fine of not more than $5,000.00 or by imprisonment of not more than one year or both. Section 4. Section 1 of Ordinance No. 92-25 and all ordinances and parts or sections of ordinances in conflict herewith are hereby repealed. Section 5. The repeal of Section 1 of Ordinance No. 92-25 and all ordinances and parts or sections of ordinances does not affect any pending or existing litigation and does not operate as an abatement or bar to any action or proceeding pending under or by virtue of the repealed ordinance. F:\DMS\RAL\0061953.01 06/14/94 - 2 - Section 6. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. Section 7. This ordinance shall take effect and be in force on July 1, 1994. PASSED by the City Council this 16th day of June 1994. APPROVED by the Mayor this 16th day of June , 1994. Janet K. West, Mayor ATTEST/AUTHENTICATE: Susan P. Kasper, City Clerk APPROVED AS TO FORM: Rod P. Kaseguma, lty Attorney FILED WITH THE CITY CLERK: 6-15-94 PASSED BY THE CITY COUNCIL: 6-16-94 PUBLISHED: 6-22-94 EFFECTIVE DATE: 7-1-94 ORDINANCE NO.: 94-17 F:\DMS\RAL\0061953.01 06/14/94 - 3 -