HomeMy WebLinkAbout2008-001 Cell Phone Use and Text Messaging While Driving; YMC Amendment 9.46.020 ORDINANCE NO. 2008
AN ORDINANCE relating to Traffic; adopting Revised Code of Washington (RCW)
46 61 667 entitled Cell Phone Use While Driving and RCW 46 61 668
entitled Text Messaging While Driving, and amending chapter 9 46 020 of
the City of Yakima Municipal Code
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 Chapter 9 46 020 of the City of Yakima Municipal Code is hereby
amended to read as follows.
9 46 020 Deletions and modifications to the Model Traffic Ordinance
A. Deletions. The following sections of the Model Traffic Ordinance are not adopted as
part of the City of Yakima Municipal Code Washington Administrative Code Sections 308-
330 -115, 308 - 330 -127, 308 - 330 -250, 308 - 330 -255, 308 - 330 -260, 308 - 330 -265, 308 -330-
325, 308 - 330 -327, 308 - 330 -500, 308 - 330 -505, 308 - 330 -510, 308 - 330 -515, 308 - 330 -520,
and 308 - 330 -525
B Modifications 308 - 330 -408 WAC as adopted by the City of Yakima is
modified to read as follows
1 The following sections of the Revised Code of Washington (RCW) pertaining to
obedience to and effect of traffic laws, traffic signs, signals and markings as now or
hereafter amended are adopted by reference as a part of this chapter in all respects as
though such sections were set forth herein in full RCW 46 61 005, 46 61 015, 46 61 020,
46 61 021, 46 61 022, 46 61 025, 46 61 030, 46 61 035, 46 61 050, 46 61 055, 46 61 060,
46.61 065, 46 61 070, 46 61 072, 46 61 075, 46 61 080, 46 61 085, and 46 61 220
2. The following sections of the Revised Code of Washington (RCW) pertaining to
miscellaneous rules as now or hereafter amended are adopted by reference as part of this
chapter in all respects as though such sections were set forth herein in full RCW
46 61 667 and 46 61 668
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL, signed adi this 15th d of January, 2008
, ' David Edler, ayor
ATTEST
/k277 od - tsc_.
City Clerk
Publication Date 1 -18 -08
Effective Date 2 -17 -08
cim/Ordinance adopting TrafficRCW/ page 1 of 1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of January 15, 2008
ITEM TITLE: An ordinance relating to traffic enforcement; adopting Revised
Code of Washington (RCW) 46 61.667 entitled Cell Phone Use
While Driving and RCW 46.61.668 entitled Text Messaging
While Driving; and amending chapter 9.46.020 of the City of
Yakima Municipal Code
SUBMITTED BY: Cynthia Martinez, Senior Assistant City Attorney
CONTACT PERSON/TELEPHONE: Cynthia Martinez, 575 -6033
SUMMARY EXPLANATION: The City of Yakima has adopted the Model Traffic
Ordinance (MTO) with a couple of exceptions. Many of the traffic regulations that
apply to the entire state are added to the MTO, alleviating the need for the City to
adopt many changes to the state traffic code. RCW 46.61.667 entitled Cell Phone
Use While Driving and RCW 46.61.668 entitled Text Messaging While Driving were
adopted by the State Legislature in 2007, but have not been added to the MTO.
Attached are the full texts of these statutes. The prohibition of the use of a cell
phone while driving goes into effect on July, 1 2008 and the prohibition of text
messaging while driving went into effect January 1, 2008. In order to adjudicate
these matters in the City of Yakima Municipal Court the Yakima City Council needs
to adopt these statutes. Yakima police officers may issue an infraction ticket for a
violation of the text messaging prohibition at this time; but until this City Ordinance, if
adopted, goes into effect, those tickets will have to be handled by the Yakima
County District Court. These infractions are secondary actions. In other words an
officer cannot stop a vehicle solely for a violation of these statues.
Resolution Ordinance Contract _ Other(Specify)
Contract Mad to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: ��•
ity Manager
STAFF RECOMMENDATION: Pass Ordinance.
BOARD /COMMISSION RECOMMENDATION: N/A
COUNCIL ACTION: Pass Ordinance