HomeMy WebLinkAbout2000-009 Requiring proof of insurance involving vehicle accidents. Amending Section 9.45.010. ORDINANCE NO. 2000 - 0 9
AN ORDINANCE relating to the duty of a driver involved in a case of damage
to attended vehicle or other property, and amending §
9.45.010 of the City of Yakima Municipal Code.
WHEREAS, the Revised Code of Washington § 46.52.020(3) requires the driver
of a vehicle involved in an accident with an occupied vehicle to give, among other
things, the name of his insurance company and his insurance policy number to
the driver or an occupant of the vehicle collided with.
WHEREAS, the City of Yakima Municipal Code § 9.45.010 does not require a
driver of a vehicle involved in an accident with an occupied vehicle to give the
name of his insurance company and his insurance policy number to the driver or
an occupant of the vehicle collided with.
WHEREAS, the City Council determines that it is in the best interests of the
citizens of the City of Yakima that the ordinance relating to the duty of a driver
involved in a case of damage to attended vehicle be amended to require the
driver of a vehicle involved in an accident with an occupied vehicle to give the
name of his insurance company and his insurance policy number to the driver or
an occupant of the vehicle collided with; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. Section 9.45.010 of the City of Yakima Municipal Code is amended
to read as follows:
"9.45.010 Duty in case of damage to attended vehicle or other
property — Penalty.
A. The driver of any vehicle involved in an accident resulting
only in damage to a vehicle which is driven or attended by any person or
damage to other property shall immediately stop such vehicle at the scene
of such accident or as close thereto as possible and shall forthwith return
to, and in any event shall remain at, the scene of such accident until he
has fulfilled the requirements of subsection B of this section; every such
stop shall be made without obstructing traffic more than is necessary.
B. Unless otherwise provided in subsection D of this section,
the driver of any vehicle involved in an accident resulting in damage to any
vehicle which is driven or attended by any person or damage to other
property shall give his name, address, insurance company, insurance
Policy number, and vehicle license number and shall exhibit his vehicle
driver's license to the driver or occupant of, or any person attending any
such vehicle collided with.
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C. Any driver covered by the provisions of subsection A of this
section failing to stop or to comply with any of the requirements of
subsection B of this section under said circumstances shall be guilty of a
gross misdemeanor and upon conviction, be subject to the penalties
contained in Section 6.04.050(B); provided, that this provision shall not
apply to any person injured or incapacitated by such accident to the extent
of being physically incapable of complying herewith.
D. If none of the persons specified are in condition to receive
information to which they otherwise would be entitled under subsection C
of this section, and no police officer is present, the driver of any vehicle
involved in such accident after fulfilling all other requirements of
subsections A and C of this section insofar as possible on his part to be
performed, shall forthwith report such accident to the nearest office of the
duly authorized police authority and submit thereto the information
specified in subsection C of this section. (Ord. 94 -26 § 1, 1994: Ord. 2816
§ 2, 1984: Ord. 2735 § 2 (part), 1983)"
Section 2. Effective Date. 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 and approved this c -t , day
of March, 2000.
/
M PLACE, Mayor
ATTEST:
frvi
City Clerk
Publication Date: 3--0 1- 'e
Effective Date: -J3-
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(cm)ord/Duty in case of damage to attended vehicle /feb. 00 -cm
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of 3 _(= 1- C
ITEM TITLE: An Ordinance requiring the driver of a vehicle involved in an
accident with an occupied vehicle to give the name of his
insurance company and his insurance policy number to the
driver or an occupant of the other vehicle involved in the
collision.
SUBMITTED BY: Jeff B. West, Senior Assistant City Attorney
CONTACT PERSON/TELEPHONE: Jeff B. West
575 - 6033
SUMMARY EXPLANATION:
The Revised Code of Washington § 46.52.020(3) requires the driver of a vehicle
involved in an . accident with an occupied vehicle to give, among other things, the
name of his insurance company and his insurance policy number to the driver or an
occupant of the other vehicle involved in the collision. This legal duty is absent from
§ 9.45.010 of the City of Yakima Municipal Code. All traffic laws under state law
must be uniform throughout the state. See Seattle v. Williams, 128 Wn.2d 341, 908
P.2d 359 (1995). The proposed change would alter the legal duties imposed by the
City of Yakima Municipal Code to conform to the legal duties imposed in the
Revised Code of Washington. This proposed change would have no financial
impact on the City of Yakima.
Resolution Ordinance _X Contract Other(Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR,SUBMITTAL:
ity Manager
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STAFF RECOMMENDATION: Pass Ordinance
COUNCIL ACTION: