HomeMy WebLinkAboutReg 2011-04-04 Item 6A.3 - Ordinance - Classify Fire Lane Parking Violations as Civil Infraction COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 11-038 1 STAFF SPONSOR: DON TOMASO ORIGIN \L AGENDA DATE: 3/28/11
AGI ?ND,\ ICI I;M TITLE Adoption of an ordinance amending the Fire Code as it relates to Fire Lane Violations
C 111 ORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 3/28/11 Mtg Date Mtg Date Mtg Date 4/4/11 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD E Finance Fire Legal P&R Police PW
SPONSOR'S The Council is being asked to amend Ordinance No. 2290 to include language that will list
SuMM,\RY Fire Lane Violations as Civil Infractions.
RI.:\'II ?WI?,D BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 3/22/11 COMMTFIEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONSOR /ADMIN. Fire Department
COMMPI "TEE Unanimous Approval; Forward to Committee of the Whole
CO IMPACT FUND SOURCE
EXPINDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Cotnnzents:
MTG. DATE RECORD O.F COUNCIL ACTION
3/28/11 Forward to next Regular Meeting
MTG. DATE ATTACHMENTS
3/28/11 Informational Memorandum dated 2/16/11
Draft Ordinance
Ordinance #2290
Minutes from the Finance and Safety Committee meeting of 3/22/11
4/4/11 Ordinance with housekeeping change (approved by City Attorney) in
ctrikP thrnugh underlined format
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 2290. §8 (PART), AS
CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 16.16.070.
"AMENDMENTS TO THE INTERNATIONAL FIRE CODE" AND AMENDING
ORDINANCE NO. 2290, §13, AS CODIFIED AT TUKWILA MUNICIPAL
CODE SECTION 16.16.110, "VIOLATIONS— PENALTIES," TO CLASSIFY
FIRE LANE PARKING VIOLATIONS AS A CIVIL INFRACTION; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on June 21, 2010 the City adopted Ordinance No. 2290, which updated
the City's fire prevention and protection regulations by adopting the 2009 Edition of the
International Fire Code and appendices; and
WHEREAS, the City has received notification that the penalty section established by
Ordinance No. 2290, which classified violations of the provisions of Tukwila Municipal
Code Chapter 16.16 as a "Gross Misdemeanor," was in error as it relates to City- issued
citations for fire lane parking violations; and
WHEREAS, it is in the best interest of the City to classify fire Zane parking violations
as a "Civil Infraction
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Ordinance No. 2290, 58 (part), as codified at
Tukwila Municipal Code (TMC) Section 16.16.070, "Amendments to the International
Fire Code," is hereby amended to delete the followina subparagraph (18) from
paragraph C:
18. Violation Penalty. Any person violating any of the provisions of Section
503.2 shall be Quilts of a misdemeanor, and upon conviction. shall result in a fine of not
more than $75.00 or by imprisonment for not more than 30 days, or by both such fine
and imprisonment.
Section 2. Ordinance Amended. Ordinance No. 2290, §13, as codified at TMC
Section 16.16.110, "Violations— Penalties," is hereby amended to read as follows:
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16.16.110 Violations— Penalties.
A. Any person who shall violate any of the provisions of TMC Chapter 16.16
except as noted in TMC Section 16.16.110 (B), or of the International Fire Code, or
appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith, or
who shall violate or fail to comply with any order made thereunder, or who shall build in
violation of any detailed statement of specifications or plans submitted and approved
thereunder or any certificate or permit issued thereunder and from which no appeal has
been taken, or who shall fail to comply with such an order as affirmed or modified by the
Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be
guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine
in an amount not to exceed $5,000.00, as outlined in TMC Section 16.16.080, or
imprisonment for a term not to exceed one year or by both such fine and imprisonment.
The imposition of one penalty for any violation shall not excuse the violation or permit it
to continue. Each day or portion thereof during which any violation of the provisions of
this section is caused, permitted, or continued shall constitute a separate offense and
shall be punishable as such. Application of the penalty specified in this section shall not
be held to prevent the enforced removal of prohibited conditions.
B. Fire lane parking violations shall be considered a non traffic civil infraction
subject to the fine listed in the bail schedule in TMC Section 16.16.080 (D).
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 2011.
ATTEST /AUTHENTICATED:
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
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