HomeMy WebLinkAboutO-2143 - Adds Sec. 11.04.085, traffic code (11.04)cc.:(J~
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CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.d..l4tS
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON
RELATING TO THE AUTHORITY OF POLICE OFFICERSTO SEARCH FOR
OUTSTANDING ARREST WARRANTS,ADDING A NEW SECTION TO THE
MARYSVILLE MUNICIPAL CODE, CHAPTER 11 (TRAFFIC CODE).
WHEREAS,on August 28,1997,the Washington Supreme
Court,in the case of state of Washington v.Rife,Docket No.
64305-9,Wn.2d ,held that police officers have been
given no authority to run warrant checks on persons who have
committed traffic infractions;and
WHEREAS,the ability of law enforcement to search for
outstanding warrants (i.e.,run "warrant checks")during
contact with individuals who have committed minor violations
of the law has resulted in innumerable fugitives being
brought to justice;and
WHEREAS,the ability to search for outstanding warrants
is crucial to the protection of the public and law
enforcement officers;and
WHEREAS,the ability to search for outstanding warrants
is necessary for effective law enforcement;and
WHEREAS,it is crucial,for police officer safety,that
officers have the authority to find out the nature of the
person with whom they are having contact,and whether or not
that person has been alleged to have committed a crime,
violent or otherwise,and whether or not that person has
failed to appear for a court hearing,showing lack of respect
for the authority of the law and the courts;
NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF
MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.A new Section 11.04.085 is hereby added to
Chapter 11 of the Marysville Municipal Code,the Traffic
Code,to read as follows:
In addition to any other authority granted to law
enforcement officers by any federal,state or local
law or regulation,law enforcement officers are
authorized to search for outstanding warrants upon
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MAYOR
making a stop,or upon making contact with a
person,for a traffic infraction or nontraffic
infraction.
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
Marysville hereby declares that it would have adopted this
ordinance and each section,subsection,sentence,clause,
phrase or portion thereof irrespective of the fact that any
one or more sections,subsections,clauses,phrases or
portions be declared invalid or unconstitutional.
Section 3.Third Party Liability.It is expressly the
purpose of this ordinance to provide for and promote the
health,safety and welfare of the general public and not to
create or otherwise establish or designate any particular
class or group of persons who will or should be especially
protected or benefitted by the terms of this ordinance.
It is the specific intent of this ordinance that no
provisions nor any term used in this ordinance is intended to
impose any duty whatsoever upon the City or any of its
officers or employees,for whom the implementation and
enforcement of this ordinance shall be discretionary and not
mandatory.
Nothing contained in this ordinance is intended nor
shall be construed to create or form the basis of any
liability on the part of the City or its officers,employees
or agents for any injury or damage resulting from any action
or inaction on the part of the City related in any manner to
the enforcement of this ordinance by its officers,employees
or agents.
PASSED by the City Council and APPROVED by the Mayor
this f?1:7\day of September,1997.
CITY OF MARYSVILLE
By ~'VMW)
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ATTEST :.-~
CITY CLERK
Approved as to form:
BY~frGlJ~
CITY ATTORNEY
Date of Publication:
Effective Date (5 days after publication):
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