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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