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HomeMy WebLinkAboutCOW 2003-04-14 Item 4B - Ordinance - Establish "Stay Out of Areas of Racing Orders" and "Unlawful Race Attendance"CAS Number: 03-047 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if'mown): Fund Source (if'mown): Meeting Date 4/14/03 03 —041 Keith Haines, Chief of Police Finanace and Safety 4/14/03 Meeting Date 4/14/03 COUNCIL AGENDA SYNOPSIS Prepared bi' K. Haines ITEM INFORMATION Original Agenda Date: 4/14/03 Unlawful Racing Ordinance Council Admin. S. Initials Mayor's review Racing has developed into a significant problem for Tukwila and our region. Racers gather in large numbers and race on public and private streets. They drive recklessly, disobey traffic laws and risk their lives and the lives of others. This proporsed ordinance establishes "Stay Out Of Areas Of Racing Orders" and a new crime, "Unlawful Race Attendance sORD;:OF COUNCIL ACTION4= APPENDICES' Attachments Memo from Chief Haines dated 4/1/03 Finance Safety Committee Minutes dated 4/7/03 Draft ordinance Council review C. ITEM Na 4. 3, MEMORANDUM TO: FROM: DATE: SUBJECT: Finance and Safety Committee Through the Mayor's Office Chief Keith Haines April 1, 2003 Proposed Unlawful- Racing Ordinance Racing has developed into a significant problem for Tukwila and our region. Racers gather in large numbers and race on public and private streets. They drive recklessly, disobey traffic laws and risk their lives and the lives of others. The racing we have experienced in Tukwila is usually in our commercial business district and has lessened with the temporary closure of South 180` Street. We believe that the racers will return once South 180` reopens. We are putting forth this ordinance as a preventive measure to keep racing from strongly returning to our city. Our City Attorney, Bob Noe, has drafted the ordinance with input from our police department on designated "No Racing Zones The ordinance is based on an ordinance that has been in effect in Kent for more than a year. The Kent City Attorney's Office believes that this ordinance has been a successful tool for them. I plan to be in attendance at your next meeting along with Sergeant Bruce Linton to discuss this proposal. cc: City Attorney Bob Noe Sgt. Bruce Linton File Finance and Safety April 7, 2003 Present: Joe Duffle, Chair; Jim Haggerton, Richard Simpson Keith Haines, John McFarland, Rhonda Berry, Officer Steve Forney, Alan Doerschel, Jane Cantu, Lucy Lauterbach; Dennis Robertson )1 (1. Unlawful Racing Ordinance Steve and Keith talked about the problems the City has had in past years with racers using Tukwila streets to race on. Keith said they wanted to act before the warm weather starts and before S. 180`h opens. Steve said there is a subculture of kids who follow certain races. People come to watch the races, too, coming from as far as Bremerton and Silverdale. If the City can ticket a person for racing and put a SOAR (Stay out of Areas of Racing) order on them, that person can be arrested if he or she shows up again at a race. Because people come to watch the races, police want to stop the watchers, which might be an attractant for kids to race for. Richard asked if we could work with Kent, which already has an anti racing ordinance. Keith said we couldn't, according to state law. Joe asked if we could fine the racers, and Steve answered that the first ticket is a misdemeanor, and the city can impose any traffic fine if they catch the racers breaking a traffic law. The second violation has stiffer penalties. There are now groups of hundreds of cars at once on West Valley when there is a race. They pull into the 7 -11 there, and trash the parking lot with beer bottles and trash. Dennis asked if the city could impound cars, and John said he thought not. Some spelling errors need to be fixed in the draft ordinance. Recommend ordinance to COW. 2. Replacement of Police Car Dave Haynes was rear ended while driving his police car home. The car was totaled by a drunk driver who has no insurance. A new car will cost $22,500, and needs to be purchased through the State by April 8` or April 2?'. Because funding is available in the 501 equipment purchase fund, Alan said the committee could approve the purchase. The City will pay only $1,000; the rest will come from insurance, though we'll try to get it repaid by the driver. Committee approval of unbudgeted car purchase. 3. Southwest King_ County Chamber Contract John said it was late to get a contract from the Chamber, but that the contract was the same as last year's contract. As the Tourism Marketing branch of the Chamber is growing, the Chamber supports that function and acts as an information system for other issues as well. The scope of services was fine with the committee. Alan said the cost for the contract has not risen from $20,000 for several years. Recommend to COW and Council for approval. 4. Council Operating Procedures Lucy introduced the ordinance updating the Council operating procedures. It has been organized somewhat differently, and has been updated to reflect current procedures. The committee went through the ordinance page by page, with Jane providing commentary on several pages. They talked about removing the bid section in the procedures, and about checking on whether we needed to add time to agenda items according to a new state law. Dennis wanted to be sure speaking procedures included prohibiting people addressing other people in the audience rather than the Council. Recommend ordinance to the COW and Council for approval. Section 1. Unlawful Race Attendance. A new chapter of the Tukwila Municipal Code Chapter 8.72, entitled "Unlawful Race Attendance; is hereby established to read as follows: Sections; 8.72.010 Definitions. 8.72.020 Unlawful race attendance Prohibited. 8.71010 Definitions. Unless the context clearly requires otherwise, the definitions in this section shall 8.72.020 Unlawful race attendance Prohibited. Any person (1) who has actual or constructive knowledge that they are in a designated SOAR area between the hours of 10:00 p.m. and 4:00 a.m., and (2) who has actual or constructive knowledge that an unlawful race event is occurring, has occurred, or is about to occur, and (3) intends to observe or support or encourage the unlawful race event, is guilty of a misdemeanor. Section 2. Stay Out of Areas of Racing SOAR A new chapter of the Tukwila Municipal Code, Chapter 8.73, entitled "Stay Out of Areas of Racing SOAR," is hereby established to read as follows: nfl AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, CREATING A NEW CHAPTER OF THE TMC, CHAPTER 8.72, RELATING TO UNLAWFUL RACE ATTENDANCE; CREATING A NEW CHAPTER OF THE TMC, CHAPTER 8.73, RELATING TO "STAY OUT OF AREAS OF RACING ORDERS"; PROVIDING FOR SEVERABILTFY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the racing of motor vehicles within the City presents issues of safety for both participants and spectators, and WHEREAS, in the interest of public health, safety, and welfare, the City Council desires to make it unlawful for individuals to engage in racing or to attend unlawful races within designated no racing zones; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Chapter 8.72 UNLAWFUL RACE ATTENDANCE apply throughout this chapter. A. "Public place" means an area, whether publicly or privately owned, generally open to the public and includes, without limitation, the doorways and entrances to buildings or dwellings and the grounds enclosing them, streets, sidewalks, bridges, alleys, pla7as, parks, driveways, and parlcing lots. B. "Unlawful race event" means an event wherein r willfully compare or contest relative speeds by operation of one or more motor vehicles. Racing 1 CHAPTER 8.73 STAY OUT OF AREAS OF RACING SOAR Sections: 8.73.010 Stay Out of Areas of Racing Abbreviation. 8.73.020 SOAR orders. 8.73.030 SOAR orders Issuance. 8.73.040 SOAR orders Designated "No Racing Zones." 8.73.050 SOAR orders Violation. 8.73.010 Stay Out of Areas of Racing Abbreviation. As used in this title, the acronym "SOAR" represents "Stay Out of Areas of Racing." 8.73.020 SOAR orders. A SOAR order prohibits persons from engaging in racing or unlawful race attendance within a no racing zone, as set forth in TMC 8.72.040, between the hours of 10:00 p.m. and 4:00 a.m. 8.73.030 SOAR Orders Issuance. A. The municipal court may issue a SOAR order to arty person charged with racing, unlawful race attendance, reckless driving associated with race activity, or trespass associated with race activity as a condition of pre -trial release, sentence, or deferred sentence. B. A person is deemed to have notice of the SOAR order when: 1. The signature of either the person named in the order or that of his or her attorney is affixed to the bottom of the order, which signature shall signify the person named in the order has read the order and has knowledge of the contents of the order; or 2. The order recites that the person named in the order, or his or her attorney, has appeared in person before the court at the time of issuance of the order. C. The written SOAR order shall contain the court's directives and shall bear the statement: "Violation of this order is a criminal offense under TMC 8.73.050 and will subject the violator to arrest" 8.73.040 SOAR Orders Designated "No Racing Zones." A. The SOAR order may apply to any of the following "No Racing Zones" between the hours of 10:00 p.m. and 4.00 a m.• 1. Segale Business Park, including. a. Andover Park West from Tukwila Parkway to Segale Drive C; b. Segale Drive A; c. Segale Drive B; d. Segale Drive C; e. Segale Drive D; 2. Southcenter South Business Park, including: a. Todd Boulevard; b. Olympic Avenue South; c. Riverside Drive; d. Glacier Street; Racing 2 3. Andover Park Fast from Tukwila Parkway to South 180th Street; 4. Corporate Drive North; 5. Corporate Drive South; 6. Midland Drive; 7. Minkler Boulevard from Southcenter Parkway to 600 Industry Drive; 8. Strander Boulevard from Southcenter Parkway to West Valley Highway; 9. Triland Drive; 10. Upland Drive; 11. West Marginal Place from the 10000 block to the 11000 block; and 12. West Valley Highway from Southcenter Boulevard to South 190th Street. B. These "No Racing Zones" include any highway, as that term is defined in RCW 46.04.197, together with adjoining property areas (such as sidewalks, entryways, landscaped areas, and parking areas) if those adjoining areas are being used for racing or unlawful race attendance regardless of whether such property is public or private. These "No Racing Zones" shall be designated by the placement of clear and conspicuous signs at all highway entrances to the no racing zone. At a minimum, these signs must include the following statements: No Racing Zone; Race Attendance Prohibited; TMC 8.72.020. 8.73.050 SOAR Orders Violation. A. In the event a police officer has probable cause to believe that a person has been issued a SOAR order as a condition of pre -trial release or a sentence imposed by the court and, in the officer's presence, the person is seen violating or failing to comply with any requirement or restriction imposed upon that person by the court as a condition of his or her pre -trial release or condition of sentence, the 'c may arrest the violator without warrant for violation of the SOAR order and shall bring that person before the court that issued the order. B. When a SOAR order is issued pursuant to this chapter and the person so named in the order has notice of the order, a violation of any of the provisions of the SOAR order is a gross misdemeanor and shall be punishable by a fine not to exceed five thousand dollars ($5,000) or imprisonment not to exceed more than one (1) year, or both. Section 3. 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 4, 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 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 2003. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Racing 3 Steven M. Mullet, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: