004-11 - Ordinance - Adding a New POMC Chapter 10.84 Inattentive DrivingIntroduced by:
Requested by:
Drafted by:
Reviewed by:
Introduced:
Adopted:
ORDINANCE NO. oo4rn
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON AMENDING THE PORT ORCHARD
MUNICIPAL CODE BY ADDING A NEW SECTION TO
CHAPTER io.84 ENTITLED "INATTENTIVE DRIVING"
Police Chief
Police Chief
Police Chief
City Attorney
April 26, 2011
April 26, 2011
WHEREAS, the City Council finds that it is necessary for the general welfare and safety of
its citizens to protect the traveling public from inattentive drivers, and
WHEREAS, it has recently come to the attention of the City Council that the City does not
have an infraction that would permit law enforcement to cite a driver for inattentive driving and
WHEREAS, the City Council wishes to ensure that this infraction is not used to mask or
shield commercial drivers from the impacts on their licensing status that would otherwise occur as a
result of a finding of "committed" on infractions originally cited under the Model Traffic Ordinance;
and which might be achieved if commercial drivers were able to negotiate an amendment of their
original infraction to this offense; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION i. Chapter 1o.84 of the Port Orchard Municipal Code is hereby amended by
adding a new section entitled `Inattentive Driving" to read as follows:
io.84.o6o Inattentive Driving
(1) It is unlawful for any person to operate a motorvehicle within the city in an inattentive
manner.
(2) Inattentive driving — Defined: For the purposes of this section, "inattentive manner"
means the operation of a motor vehicle in a manner which evidences a lack of the degree
of attentiveness required to safely operate the vehicle under the prevailing conditions of
the roadway, presence of other traffic, presence of pedestrians and weather conditions;
and/or in such a manner so as to fail to maintain a careful lookout adequate to avoid
endangering or colliding with persons or property. The offense of operating a motor
vehicle in an inattentive manner shall be considered to be a lesser offense than, but
included in the offense of operating a motor vehicle in a negligent manner.
(3) Inattentive driving — Violation - Penalty: A violation of this section shall be a civil
infraction punishable by a base monetary penalty of $6o.25 plus assessments with an
increase in the base penalty in the amount of $ 25 for a total of 85.25 if an accident occurs
Ordinance No. 004-11
Page 2 of 2
as a result of the underlying infraction in accordance with IRLJ 6.2d, with any
amendments thereto.
(4) Under no circumstances may the City Attorney amend a civil infraction, which was
originally cited as a violation under POMC 10.04.010 (Adopting the Model Traffic
Ordinance by reference) when issued against a driver with a commercial drivers license
(CDL), to inattentive driving; provided, however, that the City Attorney may amend the
violation under such circumstances as may be necessary to correct an error in the initial
citation.
SECTION 2. This provision of Section 1, shall be effective September 1, 2011.
SECTION 3. If any section, sentence, clause or phrase of this ordinance should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this
ordinance.
SECTION 4. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 26th day 4f- ril 2011. 3
hMI16 �Ikiow
Patricia J. KiVkpatria CMC, City Clerk
APPROVED AS TO FORM:
Gregory A. ac by, Ci qttorney
Sponsored by:
r5CD
Rob Putaansuu, Councilman
NOTICE OF CITY OF PORT ORCHARD
O RDINAN C E
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held April 26, 2011.
ORDINANCE NO. 004-11
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON AMENDING THE PORT ORCHARD
MUNICIPAL CODE BY ADDING A NEW SECTION TO
CHAPTER io.84 ENTITLED "INATTENTIVE DRIVING."
Copies of Ordinance No. 004-11 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 004-11 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
May 6, 2011