ORDINANCE NO. 299

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON ADOPTING BY REFERENCE THE WASHINGTON STATE STATUTE ON DRIVING WHILE UNDER THE INFLUENCE OF INTOXICANTS AND/OR DRUGS CODIFIED UNDER TITLE 46 RCW AS PASSED BY THE STATE LEGISLATURE IN 1994 TO BE EFFECTIVE JULY 1, 1994 TO INCORPORATE PENALTIES TOGETHER WITH AMENDMENTS THERETO OR ADDITIONS THERETO.

Whereas, the town has adopted by reference Title 46 RCW including, but not limited to, the charges of driving while under the influence and/or drugs and related penalties, and

Whereas, the state legislature has made certain changes in Title 46 as related to the charge of driving while under the influence of alcohol and/or drugs and the related penalties, and

Whereas, in accordance with Title 35 RCW the town desires to adopt the state statutes by reference effective July 1, 1994 and adopt by reference all amendments and/or additions thereto, and

Whereas, not less than one copy of the state statute adopted under Title 46 with amendments or additions shall be on file in the office of the town clerk for use and examination by the public, and

Whereas, during the time that the statute is under consideration by the town council, and prior to its adoption, not less than one copy thereof was on file in the office of the town clerk for examination by the public, and

Whereas, it is the intent of the town to have as its ordinance on driving while under the influence of intoxicants and/or drugs the same provisions as exist in the state, including penalties, to provide for a uniform law enforcement and uniform penalties from jurisdiction to jurisdiction within the state for public health, safety and welfare.

Now, therefore, the Town Council of the Town of South Prairie, Pierce County, Washington do ordain as follows:

Section 1: The Town of South Prairie hereby adopts by reference the Washington State Statutes, Title 46 RCW, driving while under the influence of intoxicants and/or drugs and including penalties, amendments and additions thereto as passed in the Washington State Legislative Session ending 1994, effective July 1, 1994.

Section 2: If any provision of this ordinance, or the provisions of the state statute adopted by this ordinance are determined to be unenforceable for any reason, the remaining provisions shall remain in force and affect, including any amendments or additions.

Section 3: That the town clerk shall have not less than one copy of the state statute, amendments or additions, as adopted by reference on file in the office of the town clerk for the use and examination by the public.