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Home My WebLink AboutOrd 2017 - Street Racing 2 �1ILA, I, 1 i ss UP �s 1908 T It o Washington Ordinance No. r G' 17 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO STREET RACING; ESTABLISHING "STAY OUT OF AREAS OF RACING" ORDERS; DESIGNATING "NO RACING ZONES PROHIBITING UNLAWFUL RACE ATTENDANCE; PROVIDING FOR SEVERABILITY; 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, the Tukwila Police Department has observed the illegal racing of motor vehicles at the locations within this ordinance, 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: Section 1. A new chapter of the Tukwila Municipal Code, Chapter 8.72, entitled "Street Racing," is hereby established to read as follows: Chapter 8.72 STREET RACING Sections: 8.72.010 Definitions. 8.72.020 SOAR Orders. 8.72.030 Designated "No Racing Zones." 8.72.040 Unlawful Race Attendance Prohibited. 8.72.050 Issuance of SOAR Orders. 8.72.060 Violation of SOAR Orders. 8.72.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section shall 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, plazas, parks, driveways, and parking lots. B. "SOAR" is an abbreviation for "Stay Out of Areas of Racing." C. "Unlawful race event" means an event wherein persons willfully compare or contest relative speeds by operation of one or more motor vehicles. 8.72.020 SOAR orders. A SOAR order prohibits persons from engaging in racing or unlawful race Racing 1 attendance within a "No Racing Zone," as set forth herein between the hours of 10:00 p.m. and 4:00 a.m. 8.72.030 Designated "No Racing Zones." A. The SOAR order may apply to any of the following areas designated herein as "No Racing Zones," between the hours of 10:00 p.m. and 4:00 a.m.: 3. Andover Park East 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 the listed locations described above, 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 8.72.040. 8.72.040 Unlawful Race Attendance Prohibited. Any person: 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; 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. 8.72.050 Issuance of SOAR Orders. A. The municipal court may issue a SOAR order to any person charged with racing, Racing 2 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 8.72.060 and will subject the violator to arrest." 8.72.060 Violation of SOAR Orders. 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 officer 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 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 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 Cry 2003. ATTEST/ AUTHENTICATED: dee,/ t ne E. Cantu, CMC, City Clerk PPROVED AS TO FORM BY: Racing 3 Office of the City Attorney VV\ tad Steven M. Mullet, Mayor Filed with the City Clerk: 47- Passed by the City Council: 5 L! Published: 6= 6 =i Effective Date: 3 C% c) —5 Ordinance Number: 0 O7 7 CITY OF TUKWILA SUMMARY OF ORDINANCE NO. 2017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO STREET RACING; ESTABLISHING "STAY OUT OF AREAS OF RACING" ORDERS; DESIGNATING "NO RACING ZONES PROHIBITING UNLAWFUL RACE ATTENDANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. On April 21, 2003, the City Council of the City of Tukwila passed Ordinance No. 2017, establishing "Stay Out of Areas of Racing (SOAR) Orders; designating "No Racing Zones addressing the issuance of SOAR Orders and the Violation of SOAR Orders; providing for severability; and establishing an effective date. 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 its meeting of April 21, 2003. Published Seattle Times: April 25, 2003 �E. Cantu, CMC, City Clerk