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Home My WebLink AboutCOW 2004-03-22 Item 4H - Ordinance - Restrict Use of Compression Brakes Within the City LimitsI CAS Number: 04-043 Agenda Item Title: Meeting Date 3/22/04 I Original Sponsor: I Timeline: Sponsor's Summary: L-t O Lk 3 Council p:\Cyndy\CAS Compression Brakes 3 -22-04 COUNCIL AGENDA SYNOPSIS Meeting Date 3/22/04 Initials Prepared by 1 Mayor's review 1 Council review CK %I A 4 (1' 04 H E mr o MOM Original Agenda Date: March 22, 2004 Ordinance Restricting the Use of Compression Brakes within the City Limits. Admin. Action Public Works 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 ITEM Na 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 moming. There is no applicable RCW; however, the City can pass an ordinance restricting their use within City limits. DICE Meeting Date 1 Attachments 3/22/04 Information Memo dated March 16, 2004 Asst. City Att'y memo dated 3 04 Ordinance t z 5 o p.) Transportation Cbmmittee Meeting Minutes from February 23, 2004 To: Mayor Mullet From: Public Works Director Date: March 16, 2004 Subject: Comnression Brake Ordinance INFORMATION MEMO ISSUE Proposed ordinance restricting the use of compression brakes within the City limits. BACKGROUND There is currently no City ordinance restricting the use of compression brakes within the City limits. Over the past few months, the Police Department traffic unit has received several complaints from residents living in the area of S 124 St and 50"' P1 S, near the BNSF rail yard. The specific complaints deal with the use of compression brakes both late at night and in the very early morning hours (10 pm 5 am) by semi tractors with trailers entering and exiting the yard. ANALYSIS There is no current City ordinance restricting the use of compression brakes. There is also no applicable RCW regarding the use of compression brakes; however, a City may pass an ordinance restricting their use. Sergeant Jon Harrison of the Police Department Traffic Unit presented this issue during the Transportation Committee meeting of February 23, 2004. At the direction of the Transportation Committee, staff researched several other jurisdictions' ordinance language for exemptions for emergency vehicles. The Cities of Burien, Kent, and Issaquah have clauses exempting emergency vehicles or the use of compression brakes during emergency situations. The City of Bainbridge Island does not provide any exemptions. Excerpts of those four city's codes are attached. Also at the direction of the Transportation Committee, some `legalese' language in the original proposed ordinance section 9.30.010 was studied for alternate language in plain English. The attached proposed ordinance includes the modified language as well as the exemption for emergency vehicle use of compression brakes. RECOMMENDATION Approve the attached ordinance prohibiting the use of compression brakes within the City limits. attachments (P:Cyndy\NFORMATION MEMO Compression Brakes 2- 23.06) TO: Sgt. Harrison FROM: Joe Schultz, Assistant City Attorney DATE: March 9, 2004 RE: Compression Brake Information BURIEN• Chapter 10.45 ENGINE COMPRESSION BRAKES Sections: 10.45.010 Definitions. 10.45.020 Prohibition Exception. 10.45.030 Violation Penalty. KENT: 9.36.060 Compression brakes restrictions. CITY OF TUKWILA MEMORANDUM The City's proposed compression brake ordinance came before the committee on Monday, February 23, 2004. Two committee concerns were identified. In response, our office has amended the proposed ordinance to reduce the "legalese" in section 9.30.010. In addition, language exempting emergency vehicles, which would include the City's fire trucks, was inserted. The penalty provisions were also brought into conformance with other sections of the municipal code. Finally, at the request of the committee, we have conducted a search for the compression brake ordinances of nearby jurisdictions. The ordinances of the cities of Burien, Kent, Issaquah, and Bainbridge Island are provided below to provide a reference for the committee: 10.45.010 Definitions. For purposes of this chapter: "Engine compression brake" means a motor vehicle brake which is activated or worked by the compression of the engine of a motor vehicle. 10.45.020 Prohibition Exception. Engine compression brakes shall not be used at any time on city streets by trucks or truck tractors except public safety emergency vehicles, or unless the noise created by their use is effectively muffled. 10.45.030 Violation Penalty. Violation of BMC 10.45.020 is a misdemeanor, and will be punished by a fine of not less than $100.00 nor more than $1,000 per violation. A. Compression brakes prohibited. No person shall use motor vehicle brakes within the city limits that are in any way activated or operated by the compression of the engine of that motor vehicle or any unit or part thereof. It shall be an affirmative defense to prosecution under this section that the compression brakes where applied in an emergency and were necessary for the protection of persons and/or property. B. Violation; penalty. Any person violating these compression brake provisions shall have committed a traffic infraction and a penalty of one hundred dollars ($100) shall be imposed. C. Signposting. The director of public works is authorized and directed to post appropriate signs consistent with these provisions. ISSAOUAH: 10.44.030 Compression brakes prohibited. No person shall use motor vehicle brakes 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. It shall be an affirmative defense to prosecution under this section that said compression brakes were applied in an emergency and were necessary for the protection of persons and/or property. BAINBRIDGE ISLAND: Chapter 10.28 COMPRESSION BRAKES Sections: 10.28.010 Prohibited. 10.28.020 Signposting. 10.28.030 Violation Penalty. 10.28.010 Prohibited. No person shall use motor vehicle brakes within the city limits of the city of Bainbridge Island which are in any way activated or operated by the compression of the engine of the motor vehicle or any unit or part thereof unless the brakes are muffled. 10.28.020 Signposting. The public works department is authorized and directed to post appropriate signage consistent with the provisions of this chapter. 10.28.030 Violation Penalty. Any person violating the provisions of this chapter shall have committed a traffic infraction and a maximum penalty of $250.00 shall be imposed. We believe that the ordinance as drafted contains all necessary elements to effectively regulate the use of compression brakes within Tukwila's city limits. Please let us know if we can be of further assistance on this issue. -2- J ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Brakes 3 /18/04 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 citizens; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. New Compression Brakes Chapter. A new Tukwila Municipal 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 brakes, 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 regulations of this chapt 9.30.020 Signposting. 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 situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality 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. Steven M. Mullet, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Transportation Committee (February 23, 2004) Page 2 5. Comnression Brake Ordinance Officer Jon Harrison, TPD, said he has received numerous complaints from residents about the noise from "fake brakes" near the BNSF yard. A draft ordinance prohibiting the use of compression brakes was discussed. Some language was proposed to make it easier to lay people to understand. When the Committee heard the Fire Department uses compression brakes on the hills in Tukwila, they wanted to exclude emergency vehicles from the ordinance. Recommend amended ordinance to COW. 6. Street Utility Tax In the early 1990s street utility taxes were allowed by the State Legislature to allow cities to generate revenues forstreet maintenance and improvement. However, in 1995 the State Supreme Court struck down Seattle's law by saying it wasn't levied with the benefits being tied to the tax. In the 2003 Legislative Session a bill was introduced that would have allowed cities to authorize the fonnation of street utility service areas for maintaining city streets through user fees charged to residential and business users. The bill didn't pass the House; however it may be reintroduced again in the 2004 Legislative Session. Staff included a chart of how other cities fund their transportation. Information. 7. Fourth Ouarter Reports In Jim Morrow's absence, Frank Iriarte answered the Committee's questions on the 4`" Quarter reports. Information. c Committee chair approval