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 OF THE FEDERAL WAY REVISED OS
CODE TO ADD A NEW SECTION PROHIBITING INATTENTIVE DRIVING
COMMITTEE PRHS PS
CATEGORY Consent

MEETING DATE June 8 2010

Ordinance

Public Hearing
Other DEPT Law

City Councii Business
STAFF REPORT BY PATRICIA RICHARDSON

i

Resolution

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

STAFF RECOMMENDATION Approve Option 1 to forward the proposed ordinance to First Reading at the

June 15 City Council Meeting
CITY MANAGER APPROVAL

a Iw I J S
Committee

JI

D U
Coancil

RECTOR APPROVAL

vt A C
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

move approval of Option 1 mod Federal Way ing Revised Code Chapter 05 to include the infraction of inattentive driving 8
2
READING OF

ORDINANCE CONSENT AGENDA

DATE

BELOW TO BE COMPLETED BY CITY CLERKS OFFICE
COUNCIL ACTION
APPROVED DENIED

COUNCIL BILL

1sT reading

p

Z 2 g0

NO DEFERRED TABLED ACTION MOVED TO SECOND READING EVISED 2006 O6 02

Enactment reading
ORDINANCE RESOLUTION

ardinances only

CITY ATTORNEY OFFICE S
MEMORANDUM

DATE

JLJNE 9 2010
CITY COUNCIL MEMBERS

TO
CC FROM

BRIAN WILSON CITY MANAGER CHIEF POLICE PATRICIA RICHARDSON CITY ATTORNEY

AMY JO PEARSALL ASSISTANT CITY ATTORNEY
SUBJECT

UP FOLLOW FROM JUNE 8 2010 PRHSPS COMMITTEE MEETING INATTENTIVE DRIVING

On June 8 2010 staff presented a proposed ordinance that would add the infraction of Inattentive RC 05 ay Driving to the Federal Y Traffic Code F Chapter 8 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
015 05 8 Inattention

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

staff 2010 memo K report

inattentive

dxiving

ORDINANCE NO

AN ORDINANCE of the City of Federal Way Washington relating to Inattentive Driving adding a new section to Chapter 8 FWRC 05
Vehicles and Traffic

WHEREAS Chapter 8 of the Federal Way Revised Code FWRC sets forth the 05
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 FWRC to read as follows 05
0151 05 8 nattention

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 scrivener errars references ordinance numbering section numbers and any subsection
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

10 Ordinance No

Page 2 of 3
Rev 3 09

PASSED

by the City

Council of the

City of Federal Way this

day of

2010

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

Traffic 010 2 Ordinance K code update inattentive driving
10 Ordinance No

Page 3 of 3
09 Rev 3