Loading...
HomeMy WebLinkAboutORD 21-915 - Relating to Unlawful Stunt Driving or Race AttendanceORDINANCE NO.21-915 AN ORDINANCE of the City of Federal Way, Washington, relating to unlawful stunt driving or race attendance; adding a new chapter 6.17 to the Federal Way Revised Code including new sections 6.17.010; 6.17.020; 6.17.030; 6.17.040; 6.17.050; 6.17.060; 6.17.070; 6.17.080; 6.17.090; and 6.17.100. WHEREAS, street racing and stunt driving have been taking place on public streets and in parking lots in City of Federal Way and South King County area for a number of years; and WHEREAS, these activities endanger the safety and welfare of the public and of persons participating in and attending these events as spectators; and WHEREAS, some neighboring cities have reduced the incidence and scope of street racing events by criminalizing both the participation in and knowing attendance at street racing events; �!�M WHEREAS, a distinction should be made between speed contests and lower speed stunt driving that may not constitute a race, but still endangers public safety; and WHEREAS, due to the layout of city streets and roadways, the issue of stunt driving has been of particular concern within the City of Federal Way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 6.17 of the Federal Way Revised Code is hereby added to read as follows: Ordinance No. 21-915 Page 1 of 12 Chapter 6.17 UNLAWFUL STUNT DRIVING OR RACE ATTENDANCE Sections: 6.17.010 Definitions 6.17.020 Unlawful race event attendance - Prohibited. 6.17.030 Unlawful stunt driviuLy event attendance - Prohibited. 6.17.040 Unlawful stunt driving - Prohibited. 6.17.050 Motor vehicles involved in racing or stunting subiect to impound upon driver's arrest. 6.17.060 Notice of impoundment. 6.17.070 Redemption of impounded vehicles. 6.17.080 Hearing requests. 6.17.090 Post-imppundrnent hearing procedure. 6.17.100 Administrative fee. 6.17.010 Defmitions Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this chapter. (1) "Driving' for purposes of this chapter does not include using a United States Department of Transportation (USDOT) approved autonomous driving or driver -assistance technology in a lawful manner and in accordance with the manufacturer's instructions as contained in the vehicle owner's manual or a similar document. Ordinance No. 21-915 Page 2 of 12 (2) "Public lace" means an area, whether publicly or privately ownedgenerally open to the public and includes, without limitation, , streets, roadways, sidewalks, bridges alleysplazas. arks driveways. and parking lots. Public place does not include a plivate licensed race -track or a driver training or exhibition event that is licensed and conducted on private property. (3) "Motor vehicle" includes any vehicle as defined by RCW 46.04.320. includin automobiles and motorcycles, whether propelled by an internal combustion engine or electric motor. (4) "Stunt driving" is driving defined as any activity where one or more persons en a . e in an of the followingdriving riving behaviors in a public place: (a) Driving a motor vehicle in a manner that indicates an intention to lift some or all of its tires from the surface of the roadway or other surface, includingdg a motorcycle with only one wheel in contact with the jaround, but not including the use of lift axles on commercial motor vehicles- (b) Driving a motor 'vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the roadway or other public place while turning; (c) Driving a motor vehicle in a manner that indicates an intention to spin it or cause it to circle without maintaining control over it-, (d) Driving two or more motor vehicles side by side or in_proximity_to each otherwhere one of the motor vehicles Occupies a lane of traffic or other portion of the roadway intended for use by oncoming traffic for a period of time that is longer than is reasonably required to lawfufly pass another motorvehicle-, Driving a motor vehicle with a person in the trunk of the motor vehicle; or (f) Driving a motor vehicle while the driver is not sitting —in the driver's seat_ Ordinance No. 21-915 Page 3 of 12 (5) "Unlawful race event" means an event in a public place where two or more persons willfully compare or contest relative weeds by operation of one or more motor vehicles, as set forth in RCW 46.61.530. (6) "Unlawful stunt driving event" means an event in a public place where two or more persons willful engage in stunt drivin as defined in this chapter. An event may be both an "unlawful race event" and an "unlawful stunt driving event" and the two types of events are not mutually exclusive. 6.17.020 Unlawful race event attendance - Prohibited. (1) Any person who has actual or constructive knowledge that he or she is in attendance of an unlawful race event, as defined in this chapter, and is present at the unlawful race event with the intent to observe, support, or encourage the unlawful race event is guilty of a misdemeanor. (2) The circumstances that may be considered in determining if a violation of subsection (1) of this section has occurred may include, but are not be limited to: (a) The person, by admission, is in attendance of an unlawful race_ event with the intent to observe or support or encourage the unlawful race event,• (b) Statements of other persons who are shown to be in attendance of an unlawful race event that provide evidence of intent to observe, support, or encourage an unlawffl race event; (c) The person either operates or is a passenger in a motor vehicle that shares the attributes of other vehicles that are in attendance of the unlawful race event or that are engaging in have en a ed in an unlawful race: (d) The -person either operates or i.s a passenger in a motor vehicle that is driven in such a manner as to show evidence of an attempt to flee or escape detection when a police officer arrives on the scene of an unlawful race event; or Ordinance No. 21-915 Page 4 of 12 (e) The person has no reasonable alternative purpose for being in the area where an unlawful race event is occurring or has occurred. 6.17.030 Unlawful stunt drivin! event_ attendance - Prohibited. (1) Any person who has actual or constructive knowledge that he or she is in attendance of an unlawful stunt driving event, as defined in this chapter, and is present with the intent to observe, support, or encourage the unlawful race event is guilty of a misdemeanor. (2) The circumstances that may be considered in determining if a violation_ of subsection 1 of this section has occurred may include, but are not limited to: (a) The person. by admission. is in attendance of an unlawful stint driving event the intent to observe or support or encourage the unlawful stunt driving event; (b) Statements of other persons who are shown to be in attendance of an unlawful stunt driving event that provide evidence of intent to observe or support or encourage an unlawful stunt driviniz event (c) The person either operates or is a passenger in a motor vehicle that shares the attributes of other vehicles that are in attendance of the unlawful stunt driving event or that are engaging in or have engaged in an unlawful stunt driving event; (d) The person either operates or is a passen er in a motor vehicle that is driven in such a manner as to show evidence of an attempt to flee or escape detection when a police officer arrives on the scene of an unlawful stunt driving event or (e) The person has no reasonable alternative purpose for being in the area where the unlawful stunt driving event is occurring or has occurred. 6.17.040 Unlawful stunt driving - Prohibited. Any person operating a motor vehicle in a public place in a manner that constitutes stunt driving, Ordinance No. 21-915 Page 5 of 12 as defined by this chapter, is guilty of a gross misdemeanor. 6.17.050 Motor vehicles involved in racing or stunting subiect to impound upon driver's arrest. Anv motor vehicle involved in a violation of this chapter, shall be subject to impound by a police officer if (1) the driver is arrested for a violation of this chapter and (2) the vehicle is located in the public right-of-wU, or public property, at the time of impound. Police officers will consider reasonable alternatives to impounding a motor vehicle, prior to completing an impound pursuant to this chapter. Any impound will comply with the requirements of RGW 46.55.240, Including the remaininp, sections of this cha ter_ 6.17.060 Notice of impoundment. (1) The person impounding the vehicle shall provide the driver of the impounded vehicle with a notice including the following_ (a) The name of the impounding registered tow truck operator, its address, and telephone number; (b) The location and time of the impound, and by whose 4uthurity fincluding the name of the officer or authorized agent of the department) the vehicle was impounded; (c) A f6mi. approved by the city, which describes the right to and _process for vehicle redemption requirements and which describes the process for contesting an impound or the costs of impoundment_ (2) Not more than 24 hours after impoundment of any vehicle, the registered tow truck operator shalI mail a copy of the notice described in subsection (1) of this section by first class mail to the. last known address of the legal and registered owner(s) of the vehicle. as may be disclosed by the Ordinance No. 21-915 Page 6 of 12 vehicle identification number and/or as provided by the Washington State Department_ of Licensing. If the vehicle is redeemed prior to the mailing of this notice. the notice need not be mailed. A proof of mailing form shall be completed by the registered tow truck operator and filed with the municipal court. (3) The registered tow truck operator or the police department, as applicable, shall provide notice as described in subsection (1) of this section by first class mail to each person who contacts the department or the registered tow truck operator seeking to redeem an impounded vehicle except that if a vehicle is redeemed prior to the mailing of notice, then notice need not be mailed. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that notice was provided directly to the person redeeming the vehicle. A proof of mailing, form shall be completed by the registered tow truck operator and .filed with the municipal court. (4) If the date on which a notice required by subsection (2) of this section is to be mailed falls upon a Saturday. Sunday, or postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday_. 6.17.070 Redemption of impounded vehicles. Vehicles impounded by the city in accordance with this title, as now or hereafter_ amended, shall be redeemed only under the following circumstances: (1) Oifly the registered owner. a person with authorization from the registered owner, or one who has purchased the vehicle from the registered_ owner and who produces proof of ownership or authorization from the registered owner and signs a receipt therefor, may redeem an impounded vehicle_ A person redeeming a vehicle impounded put•suant to this title must, prior to redemption. establish that he or she has a valid driver's license and is in compliance with RCW 46.30.020, and pay a $ 100.00 administrative fee to the municipal court. and obtain a receipt for release from the Ordinance No. 21-915 Page 7 of 12 municipal court. (2) AM person so redeeming a vehicle impounded by the city shall pay the towing contractor for the costs of impoundment Rrior to redeeming such vehicle. 6.17.080 Hearin; requests. An erson seekiny, to redeem a vehicle impounded as a result of a violation of this chapter has a right to a hearing in Federal Wad municipal court to contest the validity of an impoundment or the amount of removal, towing, and storage charges and any administrative fee if such request is made in writing, in a form approved by the mayor and signed by such person, and received by the municipal court within 10 days (including Saturdays. Sundays, and holida s) of the date the notice was p_iven to such person by the person. impounding the vehicle or if the person seeking to contest the im ound validily was not the driver, within 10 da s(including Saturdays. Sunda s and hot id ys) of the date the notice was mailed by the registered tow truck operator. Such hearing; shall be provided as follows: (1) If all of the requirements to redeem the vehicle have been satisfied, then the impounded vehicle shall be released immediately, and a hearing shall be held within 90 days of the written request for hearing. Any delay attributable to the person requesting the hearing, including but not limited to continuances of the Bearing date, shall be excluded from the 90-dayperiod, (2)If not all the requirements to redeem the vehicle have been satisfied,_ then the impounded vehicle shall not be released until after the hearing, which shall be held within two business days (excluding Saturdays, Sundays and holidays) of the written request to the municipal corat for the hearing unless good cause as to the reason() for any delay is shown. Any delay_ attributable to the person requesting the hearing, including but not limited to continuances of the hearing date, shall be excluded from the two--dayPerigd. Ordinance No. 21-915 Page 8 of 12 (3) Any person seeking a hearing who has failed to request such hearing within the time specified in this chapter may petition the municipal court for an extension of time to file such a request for hearing. Such extension shall only be granted upon the demonstration of good cause as to the.reason(s) the request for hearing was not timely filed. For the purposes of this section. "good cause" shall be defined as circumstances beyond the control of the person seeking the hearing. In the event such extension is granted, the person receiving such extension shall be granted_a hearing in accordance with this title. (4) If a person fails to file a timely request for hearing and no extension to file such a request has been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment and administrative fees are deemed to be proper, and the cily shall not be liable for removal, towing, and storage charges arising from the impoundment. 6.17.090 Post -impoundment hearim, procedure. Hearings requested pursuant to this chapter shall be held by a municipal court judge, who shall determine whether the impoundment was proper and whether the associated removal tov6np,, stora e, and administrative fees were proper. (1) At the hearing, an abstract of the driver's driving record is admissible without further evidentiary foundation and is prima facie evidence of the status of the driver's license, permit,_ or privilege to drive and that the driver was convicted of each offense shown on the abstract. In addition, Department of Licensing vehicle reg6stration records of the impounded vehicle are admissible without further evidentiary foundation and are prima facie evidence of the identity of the registered owner of the vehicle. (2) If the impoundment is found to be proper, the municipal court judge shall enter an order so Ordinance No. 21-915 Page 9 of 12 stating. In the event that the costs of impoundment (removal, towing and storage) and administrative fee have not been paid, the municipal court judge's order shall also provide that the impounded vehicle shall be released only after payment to the city of any fines imposed under this chapter. The municipal court judge shall grant time payments only incases of extreme financial need, and where there is an effective guarantee of payment. In any event, time payments shall not be granted if the person seekingtime ime payments had failed to fully comply with the requirement to make any time payments previously granted under this section. In the event time payments are granted, the city shall advance the costs of im oundment to the towing company. (3) If the impound is found to be improper, the municipal court judge shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment have already been paid, the municipal court judge shall enter judgment against the city, in favor of the person who has paid the costs of impoundment in the amount of the costs of the impoundment. (4) In the event that the municipal court judge finds that the impound was proper, but that the removal towing storage, or administrative fees charged for the impound were improper, the municipal court judge shall determine the correct fees to be charged. If the costs of impoundment have been. paid, the municipal court judge shall enter a judiament against the city and in favor of the person who has paid the costs of impoundment for the amount of any overpayment. (5) No determination of facts made at a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution and shall not pteclude litigation of those same facts in a subsequent criminal prosecution, 6.17.100 Administrative fee, An administrative fee of $100.00 shall be levied upon each vehicle redeemed under this Chapter_ The fee shall be remitted to the municipal court. The fee shall be for the purpose of offsetting, to Ordinance No. 21-915 Page 10 of 12 the extent practicable, the cost to the city of implementing, enforcing, and administering the provisions of this chapter and shall be deposited in an appropriate account_ Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, 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 ordinance 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 ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/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. PASSED by the City Council of the City of Federal Way this 1st day of June, 2021. Ordinance No. 21-915 Page 11 of 12 CITY OF FEDERAL WAY: I FE RELL, MAYOR ATTEST: S P IANIE COURTNEY, IM , CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 05/12/2021 06/01 /2021 06/04/2021 07/04/2021 21-915 Ordinance No. 21-915 Page 12 of 12