HomeMy WebLinkAbout1974-1738 Alcohol Related Offenses; YMC Amendment 6.04.145 and 6.4.335 (missing ordinance)ORDINANCE NO. %%.O
AN ORDINANCE relating to traffic and criminal offenses; providing
procedures for certain alcohol-related offenses
including arrest under prescribed circumstances;
enacting Section 9.50.035 as a new section of the
City of Yakima Municipal Code; repealing Sections
6.04.145 and 6.04.335 of the City of Yakima Munici-
pal Code; and declaring an emergency.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 9.50.035 is hereby enacted as a new sec-
tion of the City of Yakima Municipal Code which new section shall
read as follows:
"9.50.035 Power of arrest for certain alcohol-related
'traffic offenses. A. Declaration of necessity. The City
Council of the City of Yakima takes notice and hereby finds
that those drivers involved in traffic accidents under cir-
cia.mstances presenting reasonable grounds for an investigat-
ing officer's belief that they have violated Section 9.50.380
of the City of Yakima Municipal Code relating to driving while
under the influence of intoxicating liquor are causes of physi-
cal harm to persons or property. The Yakima City Council
further finds that a release of such drivers at accident scenes
without arrest and further investigation, including implied
consent procedures authorized by Section 9.25.040 of the
City of Yakima Municipal Code, would present further threats
of harm to such drivers and other persons or property, would
operate unfairly against such drivers not involved in accidents,
and would otherwise endanger the public health, comfort,
safety, order and general welfare of this city. The Yakima
City Council therefore chooses to extend by ordinance such
power of arrest, not automatically extended by Section
10.31.100 of the Revised Code of Washington, in order to
preserve the intent of Chapter 70.96A of the Revised Code
of Washington excepting such drivers from alternatives to
arrest.
B. Power of arrest for alcohol-related driving offenses.
Any Yakima police officer engaged in an investigation of a
traffic accident within this city shall have power of arrest
for violations of Section 9.50.380 of the City of Yakima
Municipal Code to the same extent as if such investigating
officer had observed driving on the part of those involved
therein when and if such officer has reasonable grounds
based upon his personal observations during such investiga-
tion, and including information supplied by witnesses, if
any, to believe that the arrestee has committed such offense."
Section 2. Sections 6.04.145 and 6.04.335 of the City of Yakima
Municipal Code are hereby repealed in their entirety.
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SPc'tion 3. 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 after its passage, approval and publication as provided
by law and by the City Charter on January 1, 1975.
PASSED BY THE CIT COUNCIL, signed and approved thi
day of ,/� i_"//4!24. 1974.
ATTEST:
-2-
Wsistant Mayor