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HomeMy WebLinkAbout1983-2701 ORDINANCE NO, 27 0 1 411 AN ORDINANCE relating to traffic control; prescribing penalties on conviction of offenses of driving or being in physical control of a motor vehicle while under the 41110 influence of intoxicating liquor or any drug; pro- hibiting as traffic infractions or misdemeanors certain conduct involving possession or consumption • of alcoholic beverages in motor vehicles; amending Section 9.50.400 and adding Sections 9.50.401 and 9.50.402 as new sections, all of the City of Yakima Municipal Code; and declaring an emergency. WHEREAS, by the enactment of Substitute House Bill No. 289, the 1983 session of the Washington State Legislature amended existing laws specifying penalties to be imposed on the conviction of a person for the offenses of driving or being in physical con- 1110 trol of a motor vehicle while under the influence of intoxicating liquor or drugs; and the legislature prohibited, as traffic in- fractions or misdemeanors, certain other conduct involving pos- session or consumption of alcoholic beverages in motor vehicles. That legislation declared an emergency to exist so as to be effective throughout the state of Washington on July 1, 1983, making it necessary that local city ordinances be amended and newly enacted in order to comply and be consistent with that state law; and WHEREAS, the Yakima City Council hereby finds and declares 4111 an emergency to exist for the reasons recited above, so as to authorize the effective date of this ordinance to be July 1, 1983, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 9.50.400 of the City of Yakima Municipal • Code is hereby amended to read as follows: "9.50.400 Driving While Under The Influence And Physical Control While Under The Influence -- Penalties. 11111 A. Commencing July 1, 1983, every person who is convicted of a violation of 9.50.380 or 9.50.385 of the City of Yakima Municipal Code shall be punished by imprisonment for not less than twenty-four consecutive hours nor more than one year, and by a fine of not more than seven hundred fifty dollars. Twenty-four consecutive III hours of the jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being. Whenever the mandatory jail sentence is suspended or deferred, the judge must ! , 1 , / state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. The court may impose conditions of 411 probation that may include nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The convicted person shall, in. addition, be required to complete a course in an alcohol information school approved by the department of social 411, and health services or more intensive treatment in a program approved by the department of social and health services, as determined by the court. A diagnostic evaluation and treatment recommendation shall be prepared under the direction of the court by an alcoholism agency approved by the department of social and health services or a qualified probation department approved by the de- partment of social and health services. A copy of the report shall be forwarded to the department of licensing. Based on the diagnostic evaluation, the court shall de- termine whether the convicted person shall be required to complete a course in an alcohol information school approved by the department of social and health services or more intensive treatment in a program approved by the 'department of social and health services. The courts shall periodically review the costs of alcohol informa- tion schools and treatment programs within their juris- dictions. B. On a second or subsequent conviction for driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs within a five-year period a person shall be punished by imprison- ment for not less than seven days nor more than one year and by a fine of not more than one thousand five hundred dollars. The jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. If, at the time of a second or subse- quent conviction, the driver is without a license or permit because of a previous suspension or revocation, the minimum mandatory sentence shall be ninety days in jail and a two hundred dollar fine. The penalty so im- posed shall not be suspended or deferred. The person shall, in addition, be required to complete a diagnostic evaluation by an alcoholism agency approved by the depart- ment of social and health services or a qualified probation department approved by the department of social and health services. The report shall be forwarded to the department of licensing. If the person is found to have an alcohol or drug problem requiring treatment, the person shall complete treatment at an approved alcoholism treatment facility or approved drug treatment center. In addition to any nonsuspendable and nondeferrable jail sentence required by this subsection, the court shall sentence a person to a term of imprisonment not exceeding one hundred eighty days and shall suspend but shall not defer the sentence for a period not exceeding two years. The suspension of the sentence may be conditioned upon nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. ' The sentence may be imposed in whole or in part upon violation of a condition of suspension during the suspen- sion period. 411 -2- . , ■ I I C. A sentencing court may allow persons convicted III of violating Section 9.50.380 or 9.50.385 of the City of Yakima Municipal Code to fulfill the terms of the sentence (as provided in subsections A or B of this Section 9.50.400) in non-consecutive or intermittent 41111 time periods. However, the first twenty-four hours of ' any sentence under subsection A of this section and the first fourty-eight hours of any sentence under subsection B of this section shall be served consecutively unless suspended or deferred as otherwise provided by law." Section 2. Section 9.50.401 is hereby enacted as a new • section of the City of Yakima Municipal Code to read as follows: "9.50.401 Alcoholic Beverages -- Traffic Infraction. A. Commencing July 1, 1983, it is a traffic infrac- tion: (1) to drink any alcoholic beverage in a motor vehicle when the vehicle is upon a highway; or 1110 (2) for a person to have in his possession while in a motor vehicle upon a highway, a bottle, can, or other receptacle containing an alcoholic beverage if the container has been opened or a seal broken or the contents partially removed; or (3) for the registered owner of a motor vehicle, or the driver if the registered owner is not then present in the vehicle, to keep in a motor vehicle when the vehicle is upon a highway, a bottle, can, or other receptacle containing an alcoholic beverage which has been opened or a seal broken or the contents partially removed, unless the container is kept in the trunk of the vehicle or in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle does not have a trunk. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers. B. This section does not apply to a public con- III veyance that has been commercially chartered for group use or to the living quarters of a motor home or camper or, except as otherwise provided by RCW 66.44.250, or local law, to any passenger for compensation in a for- hire vehicle licensed under city, county or state law." • Section 3. Section 9.50.402 is hereby enacted as a new section of the City of Yakima Municipal Code to read as follows: "9.50.402 Alcoholic Beverages -- Consumption Or Permittin• Consumetion In Public Conve ance -- Misdemeanor. 41110 A. Commencing July 1, 1933, every person wholly or in part in the business of carrying passengers for hire, and every agent, servant, or employee of such person, who knowingly permits any person to drink any intoxicating liquor in any public conveyance, except in the compartment where such liquor is sold or served under the authority of a license lawfully issued, is guilty of a misdemeanor. This subsection does not apply to a public III conveyance that is commercially chartered for group use or a for-hire vehicle licensed under city, county, or state law. -3- B. Commencing July 1, 1983, every person who drinks any intoxicating liquor in any public conveyance, except in a compartment or place where sold or served under the authority of a license lawfully issued, is guilty of a misdemeanor. With respect to a public conveyance that . is commercially chartered for a group use and with re- spect to a for-hire vehicle licensed under city, county 411 or state law, this section applies only to the driver of the vehicle." Section 4. This ordinance is one to provide for the immediate preservation of the public peace, property, health, safety and welfare of the people of the City of Yakima and an emergency is hereby declared to exist and this ordinance shall be in full force and effect immediately upon its passage, approval and publication as provided by law and by the City Charter; provided, the provisions of Section 9.50.400 of the 41/P City of Yakima Municipal Code, as they exist prior to their amendment by the enactment of this ordinance, shall remain effective through June 30, 1983. PASSED BY THE CITY COUNCIL, signed and approved this day of 1 k , , 1933. 11 ■ ( I Mayor ATTEST: 41 1.7 I. City Clerk Publication Date JUN 3 0 1983 Effective Date JUL 1 1983 -4-