HomeMy WebLinkAbout1955-B-1702 7[213
ORDINANCE. NO. B -1702
AN ORDINANCE amending Paragraph (e) of Section 34, and Section 161 of the Traffic Code
Ordinance No. B -1526 entitled "AN ORDINANCE relating to and regulating
traffic, travel and transportation and their incidents upon the streets and
other ways open to the public; prescribing the powers and duties of officer:
and others in relation thereto; defining offenses; providing penalties, and
repealing Ordinance No. B -131 and all amendments thereof and all other ordi
ances in so far as they are in conflict therewith, and declaring an emerg-
ency" as amended by Ordinance No. B -1546; prescribing penalties for driving
a vehicle under the influence of or affected by the use of intoxicating
liquor or of any narcotic drug; providing for revocation of vehicle opera-
tor's license; enlarging jurisdiction of municipal court or police court
judges; and declaring an emergency.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Paragraph (e) of. Section 34 of the Traffic Code Ordinance No.
B -1526 entitled as shown in the caption hereof, passed on December 31, 1953, is hereby
amended to read as follows:
"(e) Upon the first conviction for the violation of the provisions of this
section the court shall improse a fine of not less than fifty dollars
($50.00) or more than five hundred dollars ($500.00) and not less than five
days or more than one (1) year in jail, and shall, in addition thereto,
suspend the operator's license of such person for not less than thirty (30)
days. Upon second conviction for a violation of the provisions of this
section within a period of five years, the court shall impose a fine of not
less than one hundred dollars 0100.00) or more than one thousand dollars
($1,000.00) and not less than thirty (30) days or more than one (1) year i
the city jail, and neither the fine nor the jail sentence so imposed shall
be suspended, and shall, in addition thereto, suspend the operator's li-
cense of such person for not less than sixty (60) days after the termination
of such jail sentence. Upon any subsequent conviction for a violation of
the provisions of this.section within a period of five (5) years, the court
shall impose a fine of not less than one hundred dollars ($100.00) or more
than one thousand dollars ($1,000.00) and not less than thirty (30) or more
than one (1) year in the city jail, and neither the fine nor the jail sent-
ence so imposed shall be suspended, and shall, in addition thereto, revoke
the operator's license. In any case provided for in this ordinance where
driver's license is to be revoked or suspended, such revocation or sus-
pension shall be stayed and shall not take effect until after the determin-
ation of any appeal from the conviction which may lawfully be taken, but i
case such conviction is sustained on appeal, such revocation or suspension
shall take effect as of the date that the conviction become effective for
other purposes; it being the intent and purpose of this section that li-
censes shall remain in full force and effect during the period that any ap-
peal is pending."
Section 2. Section 161 of said Ordinance No. B -1526 as amended by Ordinance
No. B -1546, is hereby amended to read as follows:
"Section 161. Revocation of Operator's License. In addition to other penal
ties provided herein, the police court, or the Superior Court, upon appeal,
may suspend or revoke the operator's or driver's license issued by the
State of Washington of any person convicted of any violation of this code,
and shall forthwith revoke such license of any person in the following
cases:
"1. Upon conviction or forfeiture of bail upon three charges of operating
a vehicle while under the influence of or affected by the use of intoxi-
cating liquor or of any narcotic drug, all within the preceding five years.
"2. Upon conviction or forfeiture of bail upon three charges of reckless
driving, all within the preceding two years;
"3. Upon conviction of an operator of a motor vehicle, involved in an acc
dent resulting in the death or injury of another person, upon a charge of
failing to stop and disclose his identity at the scene of the accident as
required by Section 122 of this code."
Section 3. This ordinance is one to provide for the immediate preservation
of public peace, property, health and safety of the people of the City of Yakima; and an
emergency is hereby declared to exist, and said ordinance shall be in full force and
effect from and after the date of its passage, approval and publication as provided for
in the City Charter.
PASSED BY THE CITY COMMISSION, signed and approved this 20th day of June,
1955.
ATTEST: PEARL BENJAMIN (S E A L) G. W. BURNS
City Clerk Mayor
I hereby certify that the foregoing is a full, true and correct copy of Ordinance
No. B -1702 entitled "AN ORDINANCE amending Paragraph (e) of Section 34, and Section 161
of the Traffic Code Ordinance No. B -1526 entitled "AN ORDINANCE relating to and regulati
traffic, travel and transportation and their incidents upon the streets and other ways
open to the public; prescribing the powers and duties of officers and others in relation
thereto; defining offenses; providing penalties, and repealing Ordinance No. B -131 and
all amendments thereof and all other ordinances in so far as they are in conflict there-
with, and declaring an emergency" as amended by Ordinance No. B -1546; prescribing penal-
ties for driving a vehicle under the influence of or affected by the use of intoxicating
.
ORDINANCE NO. B -1702 f_
liquor or of any narcotic drug; .providing for revocation of vehicle operatorts license;
enlarging jurisdiction of municipal court or police court judges; and declaring an emerg-
ency." as passed on the 20th day of June, 1955 and that has been published by law.
CITY L E R K