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ORDINANCE N0 . p���,�
AN ORDINANCE of the City of Renton , inlash-
ington , amending Chapter 1 o_f Title X (Traffic)
of Ordinance No . 1628 , entitled "Code of General
Ordinances of the City of Renton" , by establishing
a new section entitled, Section 10--122 , relating ��
to the operation of motor vehicles on public high-
ways in the City of Renton , operator' s implied
consent to a test to determine intoxication , pro-
viding for revocation of driving privileges ;
establishing hearing and appeal procedures ; and
reducing the blood alcohol percentage necessary
to raise a presumption of intoxication.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF
THE CITY OF �ENTON AS rOLLOWS :
Section l. Existing Chapter 1 of Title X of Ordinance
No. 1628 , entitled, 'YCode of General Ordinances of tne City of
Renton'g , be and the same is hereby amended by adding and
establishing a new section , to be known as Section 10�122
reading as follows :
Section 10-122_CA) of Chapter l , Title X (Traffic) .
l. Any person who operates a motor vehicle upon the
public highways of the City of Renton shall be deemed to have
given consent subject to the provisions of Section 10-122 (C)
of this Ordinance , to a chemical test , or tests of his breath
or blood for the purpose of determining the alcoholic content
of his blood if arrested for any offense , where at tne time of
the arrest , the arresting officer has reasonable grounds to
believe that the person had been driving , or was in actual
physical control of a motor vehicle while under the influence
of intoxicating liquor. The test ; or tests , shall be administered !
at the direction of the law enforcement officer having reasonable
grounds to believe the person to have been driving , or being
� in actual physical control of a motor vehicle upon the public '
highways of the City of Renton while under the influence of '
intoxicating liquor. Such officer shall inform the person of
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his right to refuse the test , and of his right to have additional
, tests administered by any qualified person of his choosing as
I provided in Section 10-122 (C) hereinbelow. Such law enforcement
officer shall warn the driver that his privilege to drive will
be revoked or denied if he refuses to submit to the tests .
Unless the person to be tested is unconscious , the chemical test
administered shall be of his breath only.
2 . Any person who is dead, unconscious , or �aho is
otherwise in a condition rendering him incapable of refusal ,
shall be deemed not to have withdrawn the consent provided
_ tests ma be adminis-
by Section 10 122 (A) above and the test , or , y
tered , subject to the provisions of Section 10-122 (C) of this
Ordinance.
3 . If, following his arrest9 the person arrested '
refuses upon the request of a law enforcement officer , to submit
to a chemical test of his breath , after being informed that his
� refusal will result in the revocation or denial of his privilege �
to drive , no tests shall be given. The Department of Motor �
Vehicles , upon the receipt of a sworn report of tne law
enforcement officer that he had reasonable grounds to believe
that the arrested person had been driving , or �aas in the actual
physical control of a motor vehicle upon the public highways
of the City of Renton , while under the influence of intoxicating
� liquor , and that such person had refused to submit to the
test upon the request of the law enforcement officer after
being informed that such refusal would result in the revocation
or denial of his privilege to drive , shall revoke his license ,
or permit to drive , or any non-resident operating privilege.
If the person is a resident , but without a license or permit
to operate a motor vehicle in this state , the Department shall
deny to the person the issuance of a license or pe�mit for a
period of six months after the date of the alleged violation ,
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' subject to review as hereinafter provided.
4. Upon revoking the license or permit to drive or
the non-resident operating privilege of any person, or upon
determining that the issuance of a license or permit shall be
denied to the person, as hereinbefore in this Ordinance directed ,
the Department of �otor Vehicles shall immediately notify the
person involved in writing by personal service or by registered
or certified mail of its decision and the ground therefor,
and of his right to a hearing , specifying the steps he must take
to obtain a hearing. The person upon receiving such notice
may , in writing and within ten days therefrom request a formal
hearing. Upon receipt of such request , the Department of
Motor Vehicles shall afford such person an opportunity for a
nearing as provided for in RCW 46 . 20 . 329 and RCG�1 46 . 20 . 332 .
The scope of such hearing for the purposes of this Ordinance
shall cover the issues of whether a law enforcement officer
, had reasonable grounds to believe the person had been driving
or was in actual physical control of a motor vehicle upon
I the public highways of the City of Renton while under the in-
fluence of intoxicating liquor, whether the person was placed
under arrest and whether he refused to submit to the test upon
request of the law enforcement officer after having been informed
that such refusal would result in the revocation or denial of
his driving privileges . The Department of Motor Vehicles shall
order that the revocation or determination that there should
be a denial of issuance either be rescinded or sustained.
Any decision by the Department of Motor Vehicles revoking a
persons ' s driving privilege shall be stayed and shall not
take effect while a formal hearing is pending as herein pro-
vided or during the pendency of any subseguent appeal to
the Superior Court : PROVIDED, that this stay of proceeding
shall be effective only so long as there is no conviction
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for a moving violation during pendency of the hearing and
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, 5 . If the revocation or determination that there ''
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s ould be a denial of issuance is sustained after such a
hearing , the person whose license , privilege or permit is I�
so affected shall have the right to file a petition in the
superior court of the county wherein he resides , or , if a '�
non-resident of this state , where the charge arose , to review
the final order of revocation or denial by the Department of I
liotor Vehicles in the manner provided in RCGI 46 . 20 .334 . ii
6 . When it has been finally determined under the ��
procedures of this Ordinance that a non-resident' s privilege I'
to operate a motor vehicle in this state has been revoked ,
the Department of Motor Vehicles shall give information in
writing of the action taken to the motor vehicle administrator
of the state of that person4s residence and of any state in
which he has a driver' s license .
Section 10�122 (B)
l. The Department of Motor Vehicles shall not suspend
a driver' s license or privilege to drive a motor vehicle on the
public highways for a fixed period of more than one year ,
except as permitted under RCW 46 . 20 . 342 . Whenever the license
of any person is suspended by reason oi a conviction or pursuant
to RCt� 46 . 20 . 291 , such suspension shall remain in effect
and the Department of Motor Vehicles shall not issue to such '
person any new or renewal of license until such person shall
give and thereafter maintain proof of fina�cial responsibility
� 46 . 29 .
for the future as rovided in cha�ter CW
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' 2 . Any person whose license or privile�to drive a motor
' vehicle on the public highways has been revoked shall not be
entitled to have such license or privilege renewed or restored
unless the revocation was for a cause which has been removed ,
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except that after the expiration of six month� in cases of
revocatian for refusal t4 �ubmit to a chemical �e�t under the
provisions of 1Q-122(A) of this (?rdinance , and in a11 o-ther
revocation cases after the expiration o� one year from -the
date an which the revokecl 1.icense was surrendered ta and
received by the Department of i'Iotar Vehicles , such person may
make application far a new licerise as provided by la�� ,
but the Department o� Motor Vehicles shall n.o� �hen issue a
new license until it is sa�isfied after investigatian o�
the driving ability of such person that it wi11 be Safe to
grant the privilege of driving a motor vehicle on the public
highwayS , and until such person �hall give and therea�ter
maintain proof of fin.ancial re�ponsibility for �he future
a�s provided for in RCW 46 . 29 .
, Sectiori 10-122{G)
l� It is unlaca�ul for any person wha is under the
influence of or affected by the use of intoxica-�ing liquor
or of any narcatic drug to drive or be in actual physical
con-�ral of a vehicle �ai.thin �the city lzmits o� �he City of
Ren�on.
2 . Upon the trial of any civil ar criminal action
or proceeding arising out of acts alleged ta have been
cammitted by any person while driving ar in actual physical
con-�rol af a vehi.cle while under the znfluence of intoxicating
liquor, the amaunt o�' alcohol in the persan' s blood at the
time alleged as shawn by checmical analysis o� his blood ,
�reath or o-ther bodil.y substance shall give ri.se to the
following presumptians :
(a) If there was at that �ime 0 . 05 �er cent
or le�s by weight of alcahol in the person` � blood , it shall
be presumed that he wa� not under the in�luence of in-toxicating !
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liqtzor. �
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(b) If there was • at that time in excess of 0 . 05
per cent but less than 0 . 10 per cent by weight of alcohol
' in the person' s blood , such fact shall not give rise to any
presumption that the person was or was not under the influence
of intoxicating liquor , but such fact may be considered with
other competent evidence in determining whether the person
was under the influence of intoxicating liquor.
(c) If there was at that time 0 . 10 per cent or
more by weight of alcohol in the person' s blood, it shall be
presumed that he was under the influence of intoxicating
liquor.
(d) Per cent by weight of alcohol in the blood
shall be based upon milligrams of alcohol per one hundred
cubic centimeters of blood.
(e) The foregoing provisions of this section
shall not be construed as limiting the introduction of any
other competent evidence bearing upon the question whether
the person was under the influence of intoxicating liquor.
3 . Chemical analysis of the person' s blood or
breath to be considered valid under the provisions of this
Ordinance shall have been performed according to methods approved
by the state toxicologist and by an individual possessing a
valid permit issued by the state toxicologist for this purpose .
The state toxicologist is directed to approve satisfactory
techniques or methods9 to supervise the examination of
individuals to ascertain their qualifications and competence
to conduct such analyses , and to issue permits which shall
be subject to termination or revocation at the discretion
of the state toxicologist .
I 4 . When a blood test is administered under the
I rovisions of Section 10-122 (P) of this Ordinance the withdrawal
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of blood for the purpose of determining its alcoholic content
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may be performed only by a physician , a registered nurse ,
or a qualified technician. This limitation shall not apply
to the taking of breath specimens .
5 . The person tested may have a physician , or a
qualified technician, chemist , registered nurse , or other
qualified person of his own choosing administer a chemical
test or tests in addition to any administered at the direction
of a law enforcement officer. The failure or inability to
obtain an additional test by a person shall not preclude the
admission of evidence relating to the test or tests
taken at the direction of a law enforcement officer.
(a) Such additional test or tests to be erformed
A
at the request of such person shall be administered at the
Renton City Jail or any public hospital facility located
within the City of Renton and the equipment and premises of
such public facility shall be made available , upon the request
of the erson tested for such additional tests . Alternatel
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the person administering such additional tests shall be
permitted, at his option , to use his own equipment for testing
and analysis , on the premises of the aforespecified public
facilities . All cc�s , including expenses incurred by the
City in making its own equipment available to the person
tested relating to any additional test or tests administered
at the option of the person tested shall be borne by such
person.
6 . Upon the request of the person who shall submit
to a chemical test or tests at the request of a law enforce-
ment officer , full information concerning the test or tests
shall be made available to him or his attorney.
Section 10-122 (D)
If any provision or part of this Ordinance or
its application to any person or circumstance is held
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invalid, the remainder of this Ordinance , or �he application
of the provision to other person or persons or circumstances
shall not be affected thereby. i
�ection 10--122CE) '
Any person violating any provisinn or part of
thi� Ordinance shall , be guil.ty of a misdemeanor and upon
canviction thereof shall he �ined, in addition �o any other
penal�ies provided for by �he laces of -the Sta�e o� Washington,
in a �um caf not more than Five Hundred Dollar� ( $.500 . Q0 ) ;
or by impri�onment for not more �than nine�y (9.0} days
zn the ci�y jaiZ , or by both such tine and imp-risanment.
Section 10-122Cr?
This Ordinance shall be in full. force and effect
from and after its pas�age ., approval and legal publication.
Section 10-122C�)
Any and all ordinance� or parts af ord?nance�
in conflict herewith are hereby expressly repealed.
PASSED BY THE CITY COUNCIL this (3f� day of
�}anuary , l9 6 9
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Helmie Nelsong Ci�y Clerk
APPROVED BY THE N1AYpR this �3�'� day of
I JanuarY 19 6 9 .
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�. Donald W e Custer , _M_ayar
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APPROVE S TOI�RM: � i
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Gerard M. Shellan, City Attorney
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DATE 4F PUBLICATt�N January i?, r9�9 I
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