HomeMy WebLinkAboutReg 2004-04-05 Item 7D - Ordinance - Restrict Use of Compression Brakes Within City LimitsO CobNCIL AGENDA S), ;oPsIS
......................... Initials ......................... ITEM NO.
Meeting Date Prepared by Mayor's review Co,uncil review
3/22/04 CK ~ c]¥,~ X~/.~. [~]/
04-05-04 BB for ~ ~ ~ /, ~ ,
CAS Number: 04-043 I Original Agenda Date: March 22, 2004
Agenda Item Title: Ordinance Restricting the Use of Compression Brakes ~thin the Ci~ L~its.
Original Sponsor: Council Admin. Public Works
Timeline:
Sponsor's Summary: There is currently no City ordinance restricting the use of compression brakes within the City
limits. There have been numerous complaints of semi-tractors using compression brakes both
late at night and in the very early morning. There is no applicable RCW; however, the City
can pass an ordinance restricting their use within City limits.
Recommendations:
Sponsor: Recommend adoption of Ordinance to restrict usage of compression brakes.
Committee: Forward to COW and then Regular Council.
Administration: Same as sponsor.
Cost Impact (if known): None
Fund Source (if known): N/A
Meeting Date Action
3/22/04 Discussion at COW. Consensus existed to forward the item to the April 5
Regular meeting, for consideration/action.
Meeting Date Attachments
3/22/04 Information MemodatedMarch 16, 2004 8, Asst. City Att'¥ merao dated 3-9-04
Ordinance (?/}£:l)d:~i?-(.[. D~ CCf3L)
Transportation Cbmmittee Meetin~ Minutes from February 23, 2004
04-05-04 Orrl~nance - final format.
p:\Cyndy\CAS Compression Brakes 3-22-04
City of Tukwila
W&~hington
· :~ Ordinaz~ce ~o.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, PROHIBITING THE USE OF COMPRESSION BRAKES
EXCEPT DURING AN EMERGENCY; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the excessive .noise generated by the unnecessary application of
compression brakes within the City limits diminishes the quality of life of the City's
dtizens;
NOW, THEREFORE, T~E C~DZ COUNCIL OF THE U'~'¥ OF TtJ~3A~LA,
YVA$1-~NGTON, DO OKD~N AS FOLLOWS:
,.- SeclJon ~. New Comp~esslo~ B~akes C~apte~. A new ~ukwila Munidpai Code
·. ,.-? Chapter 9.30, entitled "Compression Brakes," is hereby created to read as follows:
. 9.30.010 Compression Brakes Prohibited.
A. No person shall use motor vehicle braises, which are in any way activated or
": operated by the compression of the engine of any such motor vehicle or any unit or part
. thereof.
-, - B. The use of compression brakes applied in an emergency stopping situation,
:' . necessary for the protection of persons and/or property, shall not be deemed a
' ' violation of this chapter.
: ::-' C. Emergency vehicles are not subject to the regulalions of this chapter.
9.30.020 SignposO. ng. The Public Works Department is authorized to post and
maintain appropriate signage consistent with the provisions of this chapter.
9.30.030 Violation - Penalty. Violations of TMC Chapter 9.30 are civil infractions
punishable by a penalty of not more than $300.00.
:. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situalion should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
· ~-" invalidity or unconstitul~onality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
'-- Section 3. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force and effect
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of ,
· 2004.
A'i T/e2ST / AUTHENTICATED:
Steven IVL Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:.
Office of the City Attorney Ordinance Number: