CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to the organization of City government; transferring certain City functions between departments; adding new Sections 11.14.482 and 11.16.657 to the Seattle Municipal Code; amending Sections 11.14.440, 11.16.020, and 11.16.040 of the Seattle Municipal Code; and repealing Section 3.28.100 of the Seattle Municipal Code and Ordinance 86431.

WHEREAS, throughout the summer, Seattle residents have taken to the streets to protest the unjust murders of Black Americans, including George Floyd and Breonna Taylor and the shooting of Jacob Blake; all of these individuals experienced violent and lethal force at the hands of the police; and

WHEREAS, in response to this local and national civil rights reckoning, community members and civic leaders, including the Mayor and members of the City Council, have committed to a holistic review and community-led discussion around the effectiveness of the current way that community safety is provided in Seattle; and

WHEREAS, the shared vision for reimagining Seattle’s system of community safety recognizes the importance of providing alternatives to armed police officer response, including civilian and community-based services and solutions; and

WHEREAS, based on community input, the Mayor and the City Council will pursue the transfer of certain functions out of the Seattle Police Department, including Emergency Management, 9-1-1 Dispatch, and Parking Enforcement; and

WHEREAS, the Mayor’s 2021 Proposed Budget intends to move Parking Enforcement Officers from the Seattle Police Department to the Seattle Department of Transportation; and

WHEREAS, moving this law enforcement function outside the Seattle Police Department will require commissioning those officers as special police officers under Seattle Municipal Code Sections 3.28.150-220; and

WHEREAS, changes to the Seattle Municipal Code and to ordinances are necessary to A) locate parking enforcement outside the Seattle Police Department and B) allow Parking Enforcement Officers, as special police officers, to continue enforcing Title 11, as limited by their special commissions under Seattle Municipal Code subsection 3.28.150.B; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 3.28.100 of the Seattle Municipal Code, enacted by Ordinance 101629, is repealed:

(( 3.28.100 Transfer of parking meter regulations.

As of January 1, 1973, the duty and responsibility of enforcement of certain parking meter traffic regulations, and other related work, heretofore assigned to the City Treasurer by Ordinance 86431, is transferred to the Chief of Police as contemplated in the 1973 budget. ))

Section 2. Ordinance 86431, which gave parking enforcement authority to special police officers in the City Treasurer’s Office (now part of the Department of Finance and Administrative Services), is repealed.

Section 3. Section 11.14.440 of the Seattle Municipal Code, enacted by Ordinance 108200, is amended as follows:

11.14.440 Peace officer(( . ))

"Peace officer" means (( any officer, including police officers, authorized by law to execute criminal process or to make arrests for the violation of the regulations generally or of any particular regulation relative to the highways of the state or to the streets or alleys of the City. (RCW 46.04.391) )) every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations .

Section 4. A new Section 11.14.482 is added to the Seattle Municipal Code as follows:

11.14.482 Police officer

"Police officer" has the same meaning as “peace officer” in Section 11.14.440.

  Section 5. A new Section 11.14.657 is added to the Seattle Municipal Code as follows:

11.14.657 Traffic officer

"Traffic officer" means any officer assigned by the Police Chief under Section 11.16.040 to direct traffic in conformance with this Subtitle I.

Section 6. Section 11.16.020 of the Seattle Municipal Code, last amended by Ordinance 118409, is amended as follows:

11.16.020 Police Department authority(( . ))

It is the function of the Police Department to enforce this (( subtitle )) Subtitle I and all of the State (( Motor Vehicle Laws )) motor vehicle laws applicable to traffic and trains in this City, to make arrests and/or issue citations for traffic offenses, to cooperate with the Director of Transportation and other officers of the City in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those functions specially imposed upon the Police Department by this (( subtitle )) Subtitle I and other traffic ordinances of this City. Special Police Officers who receive commissions consistent with Sections 3.28.150 through 3.28.220 may also enforce this Subtitle I to the extent allowed by their commissions.

Section 7. Section 11.16.040 of the Seattle Municipal Code, enacted by Ordinance 108200, is amended as follows:

11.16.040 (( Police authorization. )) Authorization to direct traffic

Officers of the Police Department and such officers as are assigned by the Chief of Police , as well as Special Police Officers to the extent allowed by their commissions, are authorized to direct all traffic by voice, hand , or signal in conformance with the provisions of this (( subtitle )) Subtitle I (( : Provided, that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require, notwithstanding the provisions of this subtitle )). Any officer authorized to direct traffic in conformance with the provisions of this Subtitle I may direct traffic as conditions require, notwithstanding other provisions of this Subtitle I, in the event of a fire or other emergency, to expedite traffic, or to safeguard pedestrians.

Section 8. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ________ day of _________________________, 2020, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2020.

____________________________________

President ____________ of the City Council

Approved by me this ________ day of _________________________, 2020.

____________________________________

Jenny A. Durkan, Mayor

Filed by me this ________ day of _________________________, 2020.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)