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Inattentive Driving

Inattentive Driving

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Inattentive driving ordinance in Federal Way. July 2010.
Inattentive driving ordinance in Federal Way. July 2010.

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Published by: ahobbs@federalwaymirror on Jul 08, 2010
Copyright:Attribution Non-commercial

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10/25/2012

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COUNCIL
MEETINGDATE
3une
15
2010
ITEM
CITY
OF
FEDERAL
WAYCITY
COUNCIL
AGENDA
BLL
SUBJECT
TRAFFICCODEUPDATE
INATTENTNE
DRIVING
POLICY
QUESTION
SHOULD
THE
CITY
COUNCIL
AMENDCHAPTER
S
S
OF
THE
FEDERAL
WAY
REVISED
CODE
TO
ADDA
NEWSECTION
PROHIBITING
INATTENTIVE
DRIVING
COMMITTEE
PRHS
PS
CATEGORY
Consent
City
Councii
Business
STAFFREPORT
BY
PATRICIA
RICHARDSON
i
Ordinance
Resolution
MEETING
DATE
June
8
2010
PublicHearing
Other
DEPT
Law
Background
In
Washington
State
there
arean
increasingnumber
of
incidents
of
driversoperating
motor
vehicles
while
they
are
distracted
In
an
attemptto
stop
this
trend
Governor
Gregoireproclaimed
May
27
2010
as
Drive
Nce
Day
to
encourage
drivers
to
stop
driving
while
they
are
distracted
Distracted
driving
contributes
to
crashes
that
on
average
kill
approximately
70Q
peoplein
Washington
each
year
Several
other
cities
in
Washingtonincluding
Bellevue
Des
Moines
Fife
Issaquah
KentKirkland
Puyallup
SeaTac
Seattle
Tukwila
and
Yakima
have
passed
legislation
to
make
inattentive
driving
an
infraction
Currently
theFederal
Way
Revised
Code
FWRC
does
not
allowfor
the
infraction
of
inattentive
driving
This
proposed
ordinance
would
amend
Chapter
8
5
FWRC
to
add
the
infraction
of
inattentive
driving
totheFederal
Way
Revised
CodeThis
new
infraction
would
pravide
police
officers
with
another
enforcement
tool
to
keep
our
roads
safe
Attachments
Proposedordinance
amending
Chapter
8
5
FWRC
to
add
infraction
of
inattentive
driving
Options
Considered1
Approve
the
proposed
ordinance
modifying
Chapter
8
5
FWRC
2
Reject
the
proposedordinance
modifying
Chapter
8
5
FWRC
STAFF
RECOMMENDATION
Approve
Option
1
to
forward
the
proposed
ordinanceto
First
Reading
atthe
June
15
City
Council
Meeting
CITY
MANAGER
APPROVAL
J
w
S
I
I
U
ECTOR
APPROVAL
vt
A
Committee
Coancil
Committee
Council
COMMITTEERECOMMENDATION
Committee
Chair
Com
ee
Member
Commi
Ye
er
 
PROPOSED
COUNCIL
MOTION
S
1
READING
OF
ORDINANCE
DATE
I
moveto
forward
the
ordinance
toasecond
reading
for
enactment
on
the
July
6
201
D
consent
agenda
2
EADING
OF
ORDINANCE
CONSENT
AGENDA
DATE
move
approval
of
Option
1
mod
ng
ederal
Way
Revised
Code
Chapter
8
5
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
g
TABLED
EFERRED
NO
CTION
Enactmentreading
MOVEDTO
SECOND
READNG
ardinances
only
ORDNANCE
EVISED
02
006
RESOLUTION
 
CITY
ATTORNEY
S
FFICE
MEMORANDUM
DATE
JLJNE
9
2010
TO
CITYCOUNCILMEMBERS
CC
BRIAN
WILSON
CITY
MANAGER
OLCE
HIEF
FROM
PATRICIARICHARDSONCITYATTORNEY
AMY
JO
PEARSALL
ASSISTANT
CITYATTORNEY
SUBJECT
FOLLOW
UP
ROMJUNE
8
2010PRHSPS
COMMITTEE
MEETING
INATTENTIVEDRIVING
On
June
8
2010staff
presented
a
proposed
ordinancethat
would
addthe
infraction
of
Inattentive
Driving
to
theFederal
Y
y
Traffic
Code
                                                                                                                                                                 F
C
Chapter
8
5
During
discussion
of
this
proposed
ordinance
a
concern
was
raised
that
the
word
careful
vas
not
defined
TheCouncilCoimnittee
voted
to
forward
theorclinance
to
First
Reading
at
theJune
15
City
Council
Meetingwith
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
codesecuon
vould
read
as
follows
8
5
15
nattention
1
No
person
shalloperate
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
tofailtomaintain
a
careful
lookoutfor
persons
orproperryin
the
direction
of
travel
3
Any
person
violating
the
provisions
of
thissection
is
guilty
of
an
infraction
for
which
themonetary
penalty
shall
be
250
0
The
specificconcern
is
with
proposed
F
RC
                                                                                                                                                                 8
5
15
                                                                                                                                                                 2
hich
uses
the
term
careful
in
the
definition
of
inattentive
manner
Pursuant
to
Councilclirection
staff
conducted
research
and
determinedthat
careful
is
not
defined
in
either
the
FederalWayRevisedCode
or
in
the
RevisedCode
of
WashingtonAlthough
theterm
careful
is
used
in
various
codesections
to
define
other
terms
it
is
no
a
term
hat
is
defined
statutorily
A
least
16
other
citieshave
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
courtwould
look
to
the
plain
and
ordinary
meaning
of
the
word
If
Councilfindsthat
the
plain
and
ordinary
meaning
of
the
word
careful
is
acceptablethennoadditional
language
is
needed
in
the
proposedordinance
If
Council
prefersthat
a
different
definition
be
assigned
to
this
tertn
then
a
defuurion
setting
forth
that
specific
definitionwould
need
to
be
included
K
m
010
af
eport
inattentive
dxiving

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