COUNCIL MEETING DATE 3une 15 2010 ITEM

CITY OF FEDERAL WAY

CITY COUNCIL
AGENDA BILL

SUBJECT TRAFFIC CODE UPDATE INATTENTNE DRIVING

POLICY QUESTION SHOULD THE CITY COUNCIL AMEND CHAPTER S

OS OF THE FEDERAL WAY REVISED
CODE TO ADD A NEW SECTION PROHIBITING INATTENTIVE DRIVING

COMMITTEE PRHS
PS MEETING DATE June 8 2010

CATEGORY

Consent Ordinance Public Hearing

City Councii Business i Resolution Other

DEPT Law
STAFF REPORT BY PATRICIA RICHARDSON

Background In Washington State there are an increasing number of incidents of drivers operating motor
vehicles while they are distracted In an attempt to stop this trend Governor Gregoire proclaimed May 27 2010
as Drive Nice Day to encourage drivers to stop driving while they are distracted Distracted driving
contributes to crashes that on average kill approximately 70Q people in Washington each year Several other
cities in Washington including Bellevue Des Moines Fife Issaquah Kent Kirkland Puyallup SeaTac Seattle
Tukwila and Yakima have passed legislation to make inattentive driving an infraction

Currently the Federal Way Revised Code FWRC does not allow for the infraction of inattentive driving This
proposed ordinance would amend Chapter 8
05 FWRC to add the infraction of inattentive driving to the Federal
Way Revised Code This new infraction would pravide police officers with another enforcement tool to keep our
roads safe

Attachments Proposed ordinance amending Chapter 8

05 FWRC to add infraction of inattentive driving
Options Considered 1 Approve the proposed ordinance modifying Chapter 8
05 FWRC
2 Reject the proposed ordinance modifying Chapter 8
05 FWRC

STAFF RECOMMENDATION Approve Option 1 to forward the proposed ordinance to First Reading at the
June 15 City Council Meeting
JI
CITY MANAGER APPROVAL Iw S
J a
I
D
U RECTOR APPROVAL vt A
C
Committee Coancil Committee Council

COMMITTEE RECOMMENDATION

Committee Chair Com ee Member Ye

Commi ber
PROPOSED COUNCIL MOTION
S

1 READING OF ORDINANCE DATE I move to forward the ordinance to a second reading for enactment on the
July 6 201 D consent agenda
2 READING OF ORDINANCE CONSENT AGENDA DATE move approval of Option 1 mod
ing Federal Way
Revised Code Chapter 8
05 to include the infraction of inattentive driving

BELOW TO BE COMPLETED BY CITY CLERKS OFFICE

COUNCIL ACTION
APPROVED COUNCIL BILL Z
DENIED 1sT reading p 20
g
NO ACTION
DEFERRED
TABLED Enactment reading
MOVED TO SECOND READING ardinances only ORDINANCE
EVISED 2006
O6
02 RESOLUTION
 CITY ATTORNEY
S OFFICE
MEMORANDUM

DATE JLJNE 9 2010

TO CITY COUNCIL MEMBERS

CC BRIAN WILSON CITY MANAGER

POLICE CHIEF

FROM PATRICIA RICHARDSON CITY ATTORNEY

AMY JO PEARSALL ASSISTANT CITY ATTORNEY

SUBJECT UP FROM JUNE 8 2010 PRHSPS COMMITTEE MEETING INATTENTIVE DRIVING

FOLLOW

On June 8 2010 staff presented a proposed ordinance that would add the infraction of Inattentive
ay Traffic Code F
Driving to the Federal Y RC Chapter 8 05 During discussion of this proposed
ordinance a concern was raised that the word careful vas not defined The Council Coimnittee voted to
forward the orclinance to First Reading at the June 15 City Council Meeting with the caveat that research be
conducted to see if careful was defined elsewhere in the code or if a defmition would be needed

The proposed code secuon vould read as follows

05 Inattention
8
015

1 No person shall operate a motar vehicle upon a street alley or ways open to the public within
the City in an inattenuve manner
2 Inattenuve manner means driving in such a manner so as to fail to maintain a careful
lookout for persons or properry in the direction of travel
3 Any person violating the provisions of this section is guilty of an infraction for which the
monetary penalty shall be 250
00

The specific concern is with proposed F

WRC 015
05 which uses the term careful in the definition of
8
2
inattentive manner

Pursuant to Council clirection staff conducted research and determined that careful is not defined in
either the Federal Way Revised Code or in the Revised Code of Washington Although the term careful is
used in various code sections to define other terms it is not a term that is defined statutorily At least 16

other cities have an inattenrive driving code provision that contains the same definition of inattentive
manner that uses the term careful Of those 16 cities none of them include a definition of careful

The rule of statutory construcuon requires that words be given their plain and ordinary meaning unless a
contrary intent appears The plain and ordinary meaning of careful is set forth in its dictionary definition as
exeYCising caution or showing care or attention cautiously attentive If the term careful were to ever be
challenged the court would look to the plain and ordinary meaning of the word If Council finds that the
plain and ordinary meaning of the word careful is acceptable then no additional language is needed in the
proposed ordinance If Council prefers that a different definition be assigned to this tertn then a defuurion
setting forth that specific definition would need to be included

memo report
K
staff
2010 inattentive dxiving
 ORDINANCE NO

AN ORDINANCE of the City of Federal Way Washington relating to

Inattentive Driving adding a new section to Chapter 8
05 FWRC
Vehicles and Traffic

WHEREAS Chapter 8
05 of the Federal Way Revised Code FWRC sets forth the

regulations regarding vehicles and traffic and

WHEREAS there are increasing incidents of drivers operating motor vehicles while they are

distracted and

WHEREAS Governor Gregoire proclaimed May 27 2010 as Drive Nice Day to encourage

drivers to stop driving while they are distracted and

WHEREAS distracted driving contributes to crashes that on average kill approximately 700

people in Washington each year and

WHEREAS several other cities in Washington including Bellevue Des Moines Fife

Issaquah Kent Kirkland Puyallup SeaTac Seattle Tukwila and Yakima have passed legislation to

make inattentive driving an infraction and

WHEREAS the City Council of Federal Way finds it is in the best interest ofthe citizens to

add a new law prohibiting inattentive driving in the City of Federal Way

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF FEDERAL WAY

WASHINGTON DO ORDAIN AS FOLLOWS

Ordinance No
10 Page 1 of 3
Rev 3
09
 Section l A new section is added to Chapter 8
05 FWRC to read as follows

05 nattention
8
0151
1 No person shall operate a motorvehicle upon a street alleoyrwavs open to the public within
the Citv in an inattentive manner
2 Inattentive manner means driving in such a manner so as to fail to maintain a careful lookout
for persons or property in the direction of travel
3 Anv person violatinq the provisions of this section is guiltv of an infraction for which the
monetarv penaltv shall be 250
00

Section 2 Severability Should any section subsection paragraph sentence clause or

phrase of this chapter or its application to any person or situation be declared unconstitutional or

invalid for any reason such decision shall not affect the validity of the remaining portions of this

chapter or its application to any other person or situation The City Council of the City of Federal

Way hereby declares that it would have adopted this chapter and each section subsection

sentence clauses phrase or portion thereof irrespective of the fact that any one or more

sections subsections sentences clauses phrases ar portions be declared invalid or

unconstitutional

Section 3 Corrections The City Clerk and the codifiers of this ardinance are authorized

to make necessary corrections to this ordinance including but not limited to the correction of

clerical errars references ordinance numbering section

scrivener subsection numbers and any

references thereto

Section 4 Ratification Any act consistent with the authority and prior to the effective

date of this ordinance is hereby ratified and affirmed

Section 5 Effective Date This ordinance shall take effect and be in force thirty 30 days

from and after its passage and publication as provided by law

Ordinance No
10 Page 2 of 3
Rev 3
09
 day of 2010
PASSED by the City Council of the City of Federal Way this

CITY OF FEDERAL WAY

MAYOR LINDA KOCHMAR

ATTEST

CITY CLERK CAROL MCNEILLY CMC

APPROVED AS TO FORM

CITY ATTORNEY PATRICIA A RICHARDSON

FILED WITH THE CITY CLERK

PASSED BY THE CITY COUNCIL
PUBLISHED
EFFECTIVE DATE
ORDINANCE NO

Ordinance
K
0
2
Traffic
10 code update inattentive driving

Ordinance No
10 Page 3 of 3
Rev 3
09