987 Amend YMC Model Traffic OrdCITY OF YELM
ORDINANCE NO. 987
AN ORDINANCE of the City of Yelm, Washington, amending
chapter 10.04.0106 YMC; adopting by reference the state
model traffic ordinance provisions governing driving under the
influence of intoxicating liquor or drugs; adding a new section
to YMC 10.04; repeal YMC 10.08; and providing for
severability; and establishing an effective date.
WHEREAS, the City adopted most provisions of the Washington
Model Traffic Ordinance (MTO) codified at Chapter 308 -330 WAC
in 1995; and
WHEREAS, the City specifically declined to adopt the MTO
provisions governing driving under the influence of intoxicating
liquor or drugs (DUI), and instead enacted its own local regulations
governing DUI; and
WHEREAS, the City desires to repeal its current DUI regulations
and replace them with the relevant provisions of the MTO, as
codified at WAC 308 - 330 -425; and
WHEREAS, said revision will ensure the uniformity of the City's DUI
regulations with applicable State law provisions, as the same now
exist and may be amended in the future;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
YELM, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Adoption of WAC 308 - 330 -425. WAC 308 - 330 -425, inclusive of all
statutes incorporated therein, is hereby adopted by reference in its entirety.
Section 2. Amendment of YMC 10.04.010 B. Section 10.04.010 B of the Yelm
Municipal Code is hereby amended to provide in its entirety as follows:
B. The following sections of the Revised Code of
Washington, to the extent such sections of the Revised
Code of Washington are adopted by reference in the
Washington Model Traffic Ordinance set forth at Chapter
308 -330 WAC, and which concern driving while under the
influence of intoxicating liquor or drugs, are adopted by
reference heFe *n and .ire expFessly .deleted herefrAm: Df`1A/
Section 3. New Section YMC 10.04.030. A new Section of 10.04 of the Yelm
Municipal Code is added as follows:
10.04.030 Penalty for violations of RCW 46.61.502 or
RCW 46.61.504.
RCW 46.61.5055 and RCW 46.61.5056, including any future
additions, amendment and repeals thereof, are hereby
specifically adopted as penalties for violating RCW
46.61.502 or RCW 46.61.504, as adopted by WAC 308 -330-
425 and YMC 10.04.0106.
Section 4. Repeal of Chapter 10.08 YMC. Chapter YMC 10.08 is hereby repealed
in its entirety.
Section 5. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other section, sentence, clause or phrase of this ordinance.
Section 6. Effective Date. This ordinance or a summary thereof consisting of the title
shall be published in the official newspaper of the City, and shall take effect and be in
full force five (5) days after publication.
PASSED by the City Council of Yelm this 25'" day of March, 2014.
7 /
V 1J l.�/'+ ✓ J /
F�em I-!w4iag Mayor '
AUTHENTICATED:
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;11 1 1
JoWne Schnepf, City Clerk.
APPROVED AS TO FORM:
Office of the City Attorney
Brent Dille, City Attorney
PUBLISHED: Nisqually Valley News, April 4, 2014
EFFECTIVE DATE: April 9, 2014