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Home My WebLink AboutOrd 1419 - Safety Seat Belts Ilk i9o8 CITY OF TUMILA WASHINGTON ORDINANCE NO. /4/9 0042.16007 RPB:sc 01/14/87 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING SECTION 9.08.010 OF THE TUKWILA MUNICIPAL CODE TO ADOPT RCW 46.61.688, ENTITLED "SAFETY BELTS, USE REQUIRED PENALTIES EXEMPTIONS," BY REFERENCE; AND SETTING AN EFFECTIVE DATE. WHEREAS, the Tukwila City Council finds that the mandatory seat belt requirements contained in RCW 46.61.688 further the public's health, safety and welfare, now therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 9.08.010 of the Tukwila Municipal Code is hereby amended to read as follows: 9.08.010 Adoption by reference. The following statues relating to enforcement of motor vehicle laws, and all future amendments thereto, are adopted by reference: 046.64.0107 46.64.015 46.64.020 46.64.025 46.64.030 46.64.040 46.64.048 46.64.050 46.64.0103 46.90.200 46.90.205 46.90.210 46.90.215 46.90.220 46.90.230 46.90.235 46.90.240 46.90.245 46.90.255 46.90.260 46.90.265 46.90.270 46.90.275 46.90.335 46.90.340 46.90.345 46.90.375 46.90.400 46.90.403 46.90.640 46.90.650 46.90.660 46.90.700 46.90.705 46.61.688 Section 2. The City Clerk is hereby directed to record an authenticated copy of RCW 46.61.688 with this ordinance and to maintain not less than one (1) copy of RCW' 46.61.688 on file in the office of the City Clerk for use and examination by the public pursuant to RCW 35A.12.140. Page 2 Ord, #1419 Section 3. This ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED BY THE CITY COUNCIL OF THE CT,TY OF TUKWILA, WASHINGTON, at a regular meeting thereof this o2'2 day of 7e 1987, APPROVED: /11,41111K t/ M':, ARY L. PAN DUS E N ATTEST /AUTHENTICATED: CITY CLERK, MAkINE ANDERSON APPROVED AS TO FORM: OFFICE/6F THE CITY ATT RNE FILED WITH THE CITY CLERK: 3 a .9' PASSED BY THE CITY COUNCIL :3 a-8 PUBLISHED: 3 -1 EFFECTIVE DATE: 3 -/6 -87 ORDINANCE NO. /4/9 4 0 4" 1908 CITY OF TUKWILA WASHINGTON ORDINANCE NO. /9 0042.16007 RPB :sc 01/14/87 SUMMARY OF ORDINANCE NO. 14/ AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING SECTION 9.08.010 OF THE TUKWILA MUNICIPAL CODE TO ADOPT RCW 46.61.688, ENTITLED "SAFETY BELTS, USE REQUIRED PENALTIES EXEMPTIONS," BY REFERENCE; AND SETTING AN EFFECTIVE DATE. On f ,1Gut e% 1987, the City Council of the City of Tukwila passed Ordinance No. //9, which provides as follows: Section 1. Adopts RCW 46.61.688 by reference. Section 2. Requires the City Clerk to record an authenticated copy of RCW 46.61.688 with this ordinance and to maintain one copy of RCW 46.61.688 on file in the office of the City Clerk for use and examination by the public. Section 3. Approves this summary and sets an effective date for this ordinance of five (5) days from the date of the Summary's publication. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. Approved by the City Council at their meeting of 'CITY LE�AXINE ANDERSON Publish: Valley Daily News March 11, 1987 Disposition of Traffic Infractions 46.63.020 dropped, spilled, leaked, or otherwise escaping therefrom wearing a safety belt assembly or are securely fastened shall be covered so as to prevent spillage. Covering of into an approved child restraint device. such loads is not required if six inches of freeboard is (5) During the period from June 11, 1986, to January maintained within the bed. 1, 1987, a person violating this section may be issued a (4) Any vehicle with deposits of mud, rocks, or other written warning of the violation. After January 1, 1987, debris on the vehicle's body, fenders, frame, undercar- a person violating this section shall be issued a notice of riage, wheels, or tires shall Be cleaned of such material traffic infraction under chapter 46.63 RCW. A finding before the operation of the vehicle on a paved public that a person has committed a traffic infraction under highway. this section shall be contained in the driver's abstract but (5) The legislative transportation committee shall shall not be available to insurance companies or monitor the effects of subsections (2) through (4) of this employers. section after June 11, 1986, until January 1, 1987, to (6) Failure to comply with the requirements of this determine if modifications to this section are necessary. section does not constitute negligence, nor may failure to (6) The commission on equipment may make neces- wear a safety belt assembly be admissible as evidence of sary rules to carry into effect the provisions of this sec- negligence in any civil action. tion, applying such provisions to specific conditions and (7) Enforcement of this section by law enforcement loads and prescribing means, methods, and practices to officers may be accomplished only as a secondary action effectuate such provisions. when a driver of a motor vehicle has been detained for a (7) Nothing in this section may be construed to pro- suspected violation of Title 46 RCW or an equivalent hibit a public maintenance vehicle from dropping sand local ordinance or some other offense. on a highway to enhance traction, or sprinkling water or (8) This section does not apply to an operator or pas other substances to clean or maintain a highway. [1986 senger who possesses written verification from a licensed c 89 1; 1971 ex.s. c 307 22; 1965 ex.s. c 52 1; 1961 physician that the operator or passenger is unable to c 12 46.56.135. Prior: 1947 c 200 3, part; 1937 c 189 wear a safety belt for physical or medical reasons. 44, part; Rem. Supp. 1947 6360 -44, part. Formerly (9) The commission on equipment may adopt rules RCW 46.56.135.] exempting operators or occupants of farm vehicles, con- struction equipment, and vehicles that are required to Rules of court: Monetary penalty schedule —JTIR 6.2. make frequent stops from the requirement of wearing Severability -1971 ex.s. c 307: See RCW 70.93.900. safety belts. [1986 c 152 1.] Study of effectivenes: 1986 c 152: "The traffic safety commis 46.61.688 Safety belts, use required Penal- sion shall undertake a study of the effectiveness of section 1 of this act ties Exemptions. (1) For the purposes of this section, and shall report its finding to the legislative transportation committee the term "motor vehicle" includes: by January 1, 1989." [1986 c 152 3.] (a) "Buses," meaning motor vehicles with motive Physicians Immunity from liability regarding safety belts: RCW power, except trailers, designed to carry more than ten 4.24.235. Seat belts and shoulder harnesses, required equipment: RCW passengers; 46.37.510. (b) "Multipurpose passenger vehicles," meaning mo- tor vehicles with motive power, except trailers, designed to carry, ten persons or less that are constructed either on Chapter 46.63 a truck chassis or with special features for occasional off -road operation; DISPOSITION OF TRAFFIC INFRACTIONS (c) "Passenger cars," meaning motor vehicles with Sections motive power, except multipurpose passenger vehicles, 46.63.020 Violations as traffic infractions Exceptions. motorcycles, or trailers, designed for carrying ten pas- 46.63.110 Monetary penalties. sengers or less; and (d) "Trucks," meaning motor vehicles with motive 46.63.020 Violations as traffic infractions Ex- power, except trailers, designed primarily for the trans- ceptions. Failure to perform any act required or the per portation of property. formance of any act prohibited by this title or an (2) This section only applies to motor vehicles that equivalent administrative regulation or local law, ordi- meet the manual seat belt safety standards as set forth nance, regulation, or resolution relating to traffic in- in federal motor vehicle safety standard 208. This sec- eluding parking, standing, stopping, and pedestrian tion does not apply to a vehicle occupant for whom no offenses, is designated as a traffic infraction and may safety belt is available when all designated seating posi- not be classified as a criminal offense, except for an of- tions as required by federal motor vehicle safety stand- fense contained in the following provisions of this title or and 208 are occupied. a violation of an equivalent administrative regulation or (3) Every person sixteen years of age or older operat- local law, ordinance, regulation, or resolution: ing or riding in a motor vehicle shall wear the safety belt (1) RCW 46.09.120(2) relating to the operation of a assembly in a properly adjusted and securely fastened nonhighway vehicle while under the influence of intoxi- manner. cating liquor or a controlled substance; (4) No person may operate a motor vehicle unless all (2) RCW 46.09.130 relating to operation of nonhigh- passengers under the age of sixteen years are either way vehicles; (1986 RCW Supp —page 383]