011-15 - Ordinance - Motor Vehicle Operation OffensesIntroduced by:
Municipal Court
Requested by:
Municipal Court
Drafted by:
City Attorney
Reviewed by:
City Attorney
Adopted:
April 14, 2015
ORDINANCE NO.011-15
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO MOTOR VEHICLE OPERATION
OFFENSES, AMENDING THE CIVIL PENALTY FOR
INATTENTIVE DRIVING FROM $60.25 TO $66.25,
CONSISTENT WITH THE INCREASE AUTHORIZED
BY THE WASHINGTON STATE SUPREME COURT
FOR TRAFFIC OFFENSES, TO BE EFFECTIVE ON
JULY 1, 2015.
WHEREAS, the City adopted the civil infraction offense of "inattentive driving"
in Port Orchard Municipal Code Section io.84.060; and
WHEREAS, the penalty for violation of POMC Section io.84.06o is a base
monetary penalty of $60.25 plus assessments (authorized by RCW 3.62.090), with an
increase in the base penalty in the amount of $25.00, for a total of $85.25 if an accident
occurs as a result of the underlying infraction; and
WHEREAS, the Washington State Supreme Court, on May 12, 2015, has
increased the base penalty of many of the traffic infractions in Washington by $6.00,
effective July 1, 2015; and
WHEREAS, the offense of inattentive driving has been adopted locally, and so
the penalty is not automatically increased by the Supreme Court's rule; and
WHEREAS, the City Council has the authority to increase the base monetary
penalty in the same amount, to be consistent with the increase in other traffic
infractions in Washington, or to $66.25 (and with the assessments, the penalty would be
$136.00); Now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY ORDAINS AS FOLLOWS:
Section 1. The Port Orchard Municipal Code, Section 10.84.060, is hereby
amended to read as follows:
Ordinance No. 011-15
Page 2 of 3
m80.o6o Inattentive Driving.
(1) It is unlawful for any person to operate a motor vehicle 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
$66.25 plus assessments with an increase in the base penalty in the amount
Of $25.00 for a total of $85r25 $91.25 if an accident occurs 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 driver's license (CDQ, 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. Severability. If any section, sentence, clause or phrase of this
Ordinance should be held to be unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
Section .g. Publication and Effective Date. This Ordinance shall be published by
an approved summary consisting of the title. This Ordinance shall become effective five
days after publication as provided by law.
PASSED by vote the City Council of the City of Port Orchard, SIGNED by the Mayor
and attested by the Clerk in authentication of such passage this 28th day of July, 2015.
Ordinance No. 011-15
Page 3 of 3
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APPROVED AS TO FORM:
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Car 1 Morris, City Attorney
SPONSORED BY:
Rob Putaansuu, Councilmember
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held July 28, 2015.
ORDINANCE NO. 011-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
ORCHARD, WASHINGTON, RELATING TO MOTOR VEHICLE
OPERATION OFFENSES, AMENDING THE CIVIL PENALTY FOR
INATTENTIVE DRIVING FROM $60.25 TO $66.25, CONSISTENT
WITH THE INCREASE AUTHORIZED BY THE WASHINGTON STATE
SUPREME COURT FOR TRAFFIC OFFENSES, TO BE EFFECTIVE ON
JULY 1, 2015.
Copies of Ordinance No. 011-15 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. 011-15 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: August 7, 2015