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HomeMy WebLinkAboutORD 5635CITY OF RENTON, WASHINGTON ORDINANCE NO. 5635 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 1-3-1 OF CHAPTER 3, REMEDIES AND PENALTIES, OF TITLE I (ADMINISTRATIVE), SECTION 6-9-1 OF CHAPTER 9, CHILDREN, UNATTENDED, CHAPTER 19, PLASTIC BAGS, AND CHAPTER 25, PEDESTRIAN INTERFERENCE, OF TITLE VI (POLICE REGULATIONS), SECTIONS 8-1-4 AND 8-1-6 OF CHAPTER 1, GARBAGE, OF TITLE VIII (HEALTH AND SANITATION), SECTION 10-8-2 OF CHAPTER 8, ONE-WAY STREETS AND ALLEYS, SECTIONS 10-12-1, 10-12-22 AND 10-12-25 OF CHAPTER 12, TRAFFIC CODE, OF TITLE X (TRAFFIC) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", UPDATING CODE SECTIONS TO REFLECT CHANGES IN STATE STATUTES, CITY ORDINANCES AND/OR REGULATIONS, OR TO CLARIFY AND/OR TO EXPAND THE CITY'S ABILITY TO ADDRESS CRIMINAL CONDUCT. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 1-3-1B, Violations, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: B. Violations: Any person convicted of a criminal violation of any section of the Renton Municipal Code shall be punished in accordance with RCW 9A.20.021 (2) and (3), as now or hereafter amended, for misdemeanors. Whenever a specific penalty or range of penalties has been established for a crime by the State Legislature and that crime has been incorporated into the Renton Municipal Code, either directly or by reference, then the penalty ranges established by the Legislature shall govern and this provision shall not be enforced. 1 ORDINANCE NO. 5635 SECTION II. Section 6-9-1, Leaving Children Without Adult Supervision in Vehicle, of Chapter 9, Children, Unattended, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby deleted and replaced with the following language: 6-9-1 LEAVING CHILDREN IN A VEHICLE WITHOUT ADULT SUPERVISION: A^ It is unlawful for any person, while operating or in charge of a vehicle, to park or willfully allow such vehicle to stand upon a public highway or a public place with its vehicle engine off, leaving a child or children under the age of six (6) years without adult supervision. 1. "Without adult supervision" means no adult or person of responsible age is physically present in or within ten (10) feet the vehicle for five (5) minutes or longer while the vehicle engine is turned off. Z "Adult" means a person over eighteen (18) years of age. 3. "Person of responsible age" means a person over eleven (11) years of age. Violation of this section shall be guilty of a misdemeanor as defined in RCW 9A.20.02K3) as it currently exists or is amended in the future. It is unlawful for any person, while operating or in charge of a vehicle, to park or willfully allow such vehicle to stand upon a public highway or in a public place with its vehicle engine running, leaving a minor child or children under the age of sixteen (16) years unattended in the vehicle. Violation of this section shall be guilty of a misdemeanor as defined in RCW 9A.20.02K3) as it currently exists 2 ORDINANCE NO. 5635 or is amended in the future. Upon a second or subsequent conviction of subsection B or its equivalent under the RCW, the department shall revoke the operator's license of such person. C It is unlawful for any person having the care and custody, whether temporary or permanent, of minor children under the age of twelve (12) years, who shall leave such children in a parked automobile unattended by an adult while such person enters a tavern or other premises where vinous, spirituous, or malt liquors are dispensed for consumption on the premises. Violation of this section shall be guilty of a gross misdemeanor as defined in RCW 9A.20.02K2) as it currently exists or is amended in the future. Upon a second or subsequent conviction of subsection C or its equivalent under the RCW, the department shall revoke the operator's license of such person. SECTION III. Chapter 6-19, Plastic Bags, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby repealed. SECTION IV. The definition of "Obstruct Pedestrian or Vehicular Traffic" in section 6- 25-1, Definitions, of Chapter 25, Pedestrian Interference, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: OBSTRUCT PEDESTRIAN OR VEHICULAR TRAFFIC means: a) to intentionally walk. stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or b) to require another person or a driver of a vehicle to 3 ORDINANCE NO. 5635 take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to picket or to legally protest, and acts authorized by a permit issued by the City of Renton shall not constitute obstruction of pedestrian or vehicular traffic. SECTION V: Section 6-25-2, Pedestrian Interference, of Chapter 25, Pedestrian interference, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 6-25-2 PEDESTRIAN INTERFERENCE: A person is guilty of pedestrian interference, if, in a public place, he or she intentionally: A. Obstructs pedestrian or vehicular traffic; or B. Aggressively begs; or C. Sits or lies down upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk, during the hours between seven a.m. (7:00 a.m.) and twelve a.m. (12:00 a.m.) in the following zones: 1. The Downtown Zone is defined as the area zoned as Center Downtown (CD). 2. Neighborhood Commercial Zones are defined as areas zoned as Center Village (CV), Commercial Arterial (CA), and Commercial Neighborhood ML D. Exceptions: The prohibition in subsection C shall not apply to any person: 4 ORDINANCE NO. 5635 1. Sitting or lying down on a public sidewalk due to a medical emergency; 2. Who, as the result of a disability, utilizes a wheelchair, walker, or similar device to move about the public sidewalk; 3. Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a street use permit; or a person participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to a street use or other applicable permit; 4. Sitting on a chair or bench located on the public sidewalk which is supplied by a public agency or by the abutting private property owner; 5. Sitting on a public sidewalk within a bus stop zone while waiting for public or private transportation- Nothing in any of these exceptions shall be construed to permit any conduct which is prohibited by RMC subsections 6-25-2A or B. E. No person shall be cited under this section unless the person engaged in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this section- Pedestrian Interference is a misdemeanor, as defined in RCW 9A.20.02K3) as it currently exists or is amended in the future. SECTION VI: Sections 6-25-3, Violation, 6-25-4, Prohibition Against Sitting or Lying Down on a Public Sidewalk, and 6-25-5, Civil Infraction, of Chapter 25, Pedestrian interference, 5 ORDINANCE NO. 5635 of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby deleted. SECTION VII. Subsection 8-1-40 of section 8-1-4, Unlawful Storage, Deposit, Disposal, Scavenging and Hauling of Solid Waste, of Chapter 1, Garbage, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 0. Any violation of this Section shall be governed by RMC 13 2 a misdemeanor as defined by RCW 9A.20.02K3), as it currently exists or is hereafter amended. SECTION VIII. Section 8-1-6, Violations of This Chapter Declared a Public Nuisance, of Chapter 1, Garbage, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: Any person violating any Section or part of this Chapter shall be deemed to have created a public nuisance as defined in RMC 1-3-43B.19, as now worded or hereafter amended, and such public nuisance may be abated in accordance with RMC 1-3-3, as now worded or hereafter amended. Any person creating a public nuisance in violation of this Chapter shall be responsible for removing any unlawful solid waste from the waste stream, including any and all cleanup costs, damages, costs of suit, including attorney's fees and costs for experts incurred to enjoin such violation or removal of the unlawful solid waste from the waste stream, in addition to any remedies allowed pursuant to RMC 1-3-3, as now worded or hereafter amended. 6 ORDINANCE NO. 5635 SECTION IX. Section 10-8-2, Emergency Vehicles, of Chapter 8, One-Way Streets and Alleys, of Title X (Traffic) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: It shall be unlawful to operate vehicles on such designated one-way streets in any but the designated direction, excepting only police, fire and emergency vehicles in cases of emergency. Violation of this section shall be a misdemeanor as defined in RCW 9A.20.02K3) as it currently exists or is hereafter amended. SECTION X. Subsection 10-12-1A, Penalties, of Chapter 12, Traffic Code, of Title X (Traffic) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A. Penalties: Any person who is convicted of a traffic infraction shall be punished by a fine only of not more than five hundred dollars ($500.00) except as otherwise provided herein. Any person convicted of a misdemeanor herein shall be punished by a fine not to exceed five hundred one thousand dollars ($51,000.00) or ninety (90) days in the City jail incarceration or both, except as otherwise specifically provided for in the statutes adopted by reference herein. SECTION XI. Subsections 10-12-22A, 10-12-22C and 10-12-22H of section 10-12-22, Cruising, of Chapter 12, Traffic Code, of Title X (Traffic) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby amended as follows: A. No person shall It shall be a misdemeanor as defined in RCW 9A.20.02K3) as it currently exists or is hereafter amended for any person to drive or permit a motor vehicle under his care, custody or control to be driven 7 ORDINANCE NO. 5635 past a traffic control point two (2) times in the same direction of travel within a two (2) hour period in or around a posted no cruising area so as to contribute to traffic congestion, obstruction of streets, sidewalks or parking lots, impediment of access to shopping centers or other buildings open to the public, or interference with the use of property or conduct of business in the area adjacent thereto. C. At every point where a public street or alley becomes or provides ingress to a no cruising area there shall be posted a sign which designates "no cruising" areas. The definition of a "no cruising" area is as follows: "No Cruising. No person skaU It shall be a misdemeanor as defined in RCW 9A.20.02K3) as it currently exists or is hereafter amended for any person to drive or permit a motor vehicle under his care, custody or control to be driven past a traffic control point two (2) times in the same direction of travel within a two (2) hour period in or around this area so as to contribute to traffic congestion, obstruction of streets, sidewalks, or parking lots, impediment of access to shopping centers or other buildings open to the public, or interference with the use of property or the conduct of business in the adjacent area." H-.—Penalty: Violation of this Section shall bo considered a misdemeanor punishable by imprisonment in the City jail for a term not to oxcood thirty (30) days, or by a fine not to exceed two hundred fifty dollars ($250.00) or by both fine and imprisonment. 8 ORDINANCE NO. 5635 SECTION XII. Section 10-12-25, Inattentive Driving, of Chapter 12, Traffic Code, of Title X (Traffic) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A:—Inattention: It shall be unlawful a traffic infraction, subject RCW 7.80.120(l)(a), for any person to drive a motor vehicle on any public highway, street, alley, or way open to the public of the City road in an inattentive manner in the City of Renton. "Inattentive manner" in this section means the operation of a motor vehicle in a manner that evidences a lack of: 1) that degree of attentiveness required to safely operate the vehicle under the prevailing conditions, including, but not limited to, the nature and condition of the roadway, the weather conditions, the presence of pedestrians, ©f^the presence of other traffic, or by the driver focusing or directing the driver's attention to something other than driving the motor vehicle; or 2) that degree of attentiveness as will allow that would permit the driver of a motor vehicle to observe anything resting onA or traveling on, or entering the roadway in time to take appropriate action as circumstances require. BT—Penalty: Inattentive driving shall bo a traffic infraction. Any person found to have committed the infraction of inattentive driving shall be fined in accordanco with the most recent bail schedule which has boon adopted by the Ronton Municipal Court. SECTION XIII. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. 9 ORDINANCE NO. 5635 PASSED BY THE CITY COUNCIL this 14th day of November 2011. Jason A. Seth, Deputy City Clerk APPROVED BY THE MAYOR this 14th day of November > 2011 Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: 11/18/2011 (Summary) ORD:1730:10/13/ll:scr Terri Briere, Mayor Pro Tempore 10