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HomeMy WebLinkAbout07/20/2010 23 YMC Repeal 9.45; YMC Amendment 9.46.020A; Hit and Run Driving; Deletions to the Model Traffic Ordinance • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT • Item No. 0 For Meeting of ITEM TITLE: An ordinance relating to Traffic; repealing chapter 9.45, entitled, "Hit and Run Driving," and amending section 9.46.020A, entitled, "Deletions to the Model Traffic Ordinance," of the City of Yakima Municipal Code; thereby adopting those Revised Code of Washington sections dealing with accidents and the reporting of accidents. SUBMITTED BY: Cynthia I. Martinez, Assistant City Attorney CONTACT PERSON /TELEPHONE: Cynthia I. Martinez, 509 - 575 -6033 SUMMARY EXPLANATION: This is a housekeeping ordinance which repeals the City of Yakima Municipal Code pertaining to Hit and Run Driving and adopts the Revised Code of Washington (RCW) sections dealing with the same behavior. Earlier this month, we learned that due to budget cuts at the State level the Department of Licensing (DOL) has experienced staffing reductions. As a result of these staffing reductions, the DOL will no longer be recording licensing consequences that result from a violation of City ordinance. 110 While the City of Yakima has adopted most RCW sections dealing with criminal traffic offenses, the City still maintains a City specific Hit and Run offense, found at Chapter 9.45. A conviction for the crime of Hit and Run may result in a lengthy license suspension, however in order for the suspension to be enforced, the DOL must recognize and record the conviction. This ordinance will accomplish this result. Continued on next page... Resolution Ordinance X Contract Other(Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: ∎_ City Manager STAFF RECOMMENDATION: Pass Ordinance. BOARD /COMMISSION RECOMMENDATION: This has not been through a Council Committee. COUNCIL ACTION: 411) • Continued from page 1... The City of Yakima has previously adopted most of the Model Traffic Ordinance provisions. WAC 308- 330 -325 which includes Hit and Run was not adopted because the City of Yakima already had a Hit and Run crime. WAC 308 - 330 -325 includes nine different RCW provisions dealing with accidents, the reporting of accidents and the criminal penalties stemming from the failure to perform the enumerated duties following an accident.' • • • • • • • O WAC 308 -330 -325 RCW sections adopted — Accidents, reports. The following sections of the Revised Code of Washington (RCW) pertaining to accidents and accident reports as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.52.010, 46.52.020, 46.52.030, 46.52.040, 46.52.070, 46.52.080, 46.52.088, 46.52.090, and 411 46.52.101. . • ORDINANCE NO. 2010- AN ORDINANCE relating to Traffic; repealing chapter 9.45, entitled, "Hit and Run Driving," and amending section 9.46.020A, entitled, "Deletions to the Model Traffic Ordinance," of the City of Yakima Municipal Code; thereby adopting those. Revised Code of Washington sections dealing with accidents and the reporting of accidents. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 9.45 of the City of Yakima Municipal Code entitled, "Hit and Run Driving," is hereby repealed. Section 2. Section 9.46.020A of the City of Yakima Municipal Code entitled, "Deletions and Modifications to the Model Traffic Ordinance," is hereby amended to read as follows: 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, • 30-8-33-0-42-5 308 - 330 -500, 308 - 330 -505, 308 - 330 -510, .308- 330 -515, 308 - 330 -520, and 308 - 330 -525. Section 3. 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 20th day of July, 2010. ATTEST: Micah Cawley, Mayor City Clerk Publication Date: . Effective Date: • r cim /ordinance /hitandrun/ page 1 of 1