Chapter 11.03
GENERAL PROVISIONS

Sections:

11.03.010    Adoption by reference.

11.03.020    Sections of the MTO not adopted.

11.03.030    Sections of the MTO adopted in part.

11.03.040    Offenses committed prior to effective date.

11.03.050    Prosecution under expired or repealed ordinance.

11.03.060    References to the Revised Code of Washington.

11.03.070    References to the Washington Administrative Code.

11.03.080    Effect of headings.

11.03.090    Severability.

11.03.100    Provisions to be construed in pari materia.

11.03.110    Public employees to obey traffic regulations.

11.03.120    Savings provisions.

11.03.010 Adoption by reference.

The Washington Model Traffic Ordinance (MTO), Chapter 308-330 WAC, as presently constituted or hereinafter amended, is adopted by reference as the traffic code of the city of Bellingham except as expressly provided herein. [Ord. 1999-04-020].

11.03.020 Sections of the MTO not adopted.

The following sections of the MTO, Chapter 308-330 WAC, are not adopted by reference and are expressly deleted:

WAC

308-330-322    Transportation of hazardous materials.

308-330-330    Motor vehicle wreckers.

308-330-430    Obedience to angle-parking signs and markings.

308-330-433    Parking not to obstruct traffic.

308-330-436    Parking for certain purposes unlawful.

308-330-439    Standing in passenger loading zone.

308-330-442    Standing in loading zone.

308-330-445    Standing in a tow away zone.

308-330-448    Violating permits for loading or unloading.

308-330-451    Standing or parking on one-way roads.

308-330-457    Restricted use of bus stops and taxicab stands.

308-330-460    Right-of-way for parking.

308-330-462    Stopping, standing and parking.

308-330-500    Bicycle license required.

308-330-505    Bicycle license application.

308-330-510    Issuance of bicycle license.

308-330-515    Attachment of bicycle license plate or decal.

308-330-520    Inspection of bicycles.

308-330-525    Renewal of bicycle license.

308-330-530    Bicycle transfer of ownership.

308-330-535    Bicycle rental agencies.

308-330-600    Parking meter spaces.

308-330-610    Parking meters – Deposit of coins and time limits.

308-330-620    Parking meters – Use of slugs prohibited.

308-330-630    Tampering with parking meter.

308-330-640    Parking meters – Rule of evidence.

308-330-650    Parking meters – Application of proceeds.

308-330-660    Service parking.

308-330-720    Citation on illegally parked vehicle.

308-330-730    Failure to comply with citation on parked vehicle.

308-330-740    Presumption in reference to illegal parking.

308-330-825    Littering.

[Amended during 2013 recodification; Ord. 2002-04-035 § 1; Ord. 1999-04-020].

11.03.030 Sections of the MTO adopted in part.

The following sections of the MTO, Chapter 308-330 WAC, are adopted in part, as follows:

WAC 308-330-325 Accidents, reports. The following sections of the Revised Code of Washington (RCW) pertaining to accidents and accident reports as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.52.010, 46.52.020, 46.52.030, 46.52.040, 46.52.070, 46.52.080, 46.52.088 and 46.52.090.

WAC 308-330-408 Traffic laws, signs, signals, markings. The following sections of the Revised Code of Washington (RCW) pertaining to obedience to and effect of traffic laws, traffic signs, signals and markings as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.005, 46.61.015, 46.61.020, 46.61.021, 46.61.022, 46.61.025, 46.61.030, 46.61.035, 46.61.050, 46.61.055, 46.61.060, 46.61.065, 46.61.070, 46.61.072, 46.61.075, 46.61.080, 46.61.085, and 46.61.220.

The remaining section is hereby deleted as follows: RCW 46.61.024.

WAC 308-330-462. RCW sections adopted – Stopping, standing and parking. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle stopping, standing, and parking as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.581; 46.61.582; 46.61.583; 46.61.585.

The remaining sections are hereby deleted as follows: RCW 46.61.560; 46.61.570; 46.61.575; 46.61.587, and 46.61.590. [Amended during 2013 recodification; Ord. 2002-04-035 § 2; Ord. 1999-04-020].

11.03.040 Offenses committed prior to effective date.

The provisions of this title do not apply to or govern the construction of and punishment for any offense committed prior to the effective date of the ordinance codified in this title, or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this title had not been enacted. [Ord. 1999-04-020].

11.03.050 Prosecution under expired or repealed ordinance.

No offense committed and no penalty or forfeiture incurred previous to the time when any ordinance expires or is repealed, whether such repeal be express or implied, shall be affected by such expiration or repeal, unless a contrary intention is expressly declared in the expiring or repealing ordinance, and no prosecution for any offense or for the recovery of any penalty or forfeiture pending at the time any ordinance expires or is repealed, whether such repeal be express or implied, shall be affected by such expiration or repeal, but the same shall proceed in all respects as if such ordinance had not expired or been repealed, unless a contrary intention is expressly declared in the expiring or repealing ordinance. Whenever any ordinance defining an offense or making conduct unlawful is amended or repealed, whether such amendment or repeal be express or implied, any offense committed, conduct engaged in or penalty or forfeiture incurred while the ordinance was in force shall be punished or enforced as if the ordinance were in force, notwithstanding such amendment or repeal, unless a contrary intention is expressly declared in the amendatory or repealing ordinance, and every such amendatory or repealing ordinance shall be so construed as to save all proceedings under the amended or repealed ordinance pending at the time of the amendatory or repealing ordinance, unless a contrary intention is expressly declared therein. [Ord. 1999-04-020].

11.03.060 References to the Revised Code of Washington.

References to the Revised Code of Washington (RCW) incorporate, by reference, such sections of the Revised Code of Washington now in effect or as subsequently amended including, but not limited to, any applicable definitions section associated with such sections. In adopting state statutes by reference, only those crimes and offenses within the jurisdiction of a municipality are intended to be adopted and, in those sections adopted which define both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied. [Ord. 1999-04-020].

11.03.070 References to the Washington Administrative Code.

References to the Washington Administrative Code (WAC) incorporate, by reference, such sections of the Washington Administrative Code now in effect or as subsequently amended, including, but not limited to, any applicable definition section associated with such sections. In adopting state statutes and administrative codes by reference, only those crimes and offenses within the jurisdiction of a municipality are intended to be adopted and, in those sections adopted which define both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied. [Ord. 1999-04-020].

11.03.080 Effect of headings.

Section headings contained in this title shall not be deemed to govern, limit, or modify, or in any manner affect the scope, meaning or extent of the provisions of any section hereof. [Ord. 1999-04-020].

11.03.090 Severability.

If any provision of this title, or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected. [Ord. 1999-04-020].

11.03.100 Provisions to be construed in pari materia.

The provisions of this title shall be construed in pari materia even though as a matter of proper legislative history they were not enacted in the same statute. The provisions of this title shall also be construed in pari materia with the provisions of RCW Title 47, and with other laws relating to highways, roads, streets, bridges, ferries and vehicles. This section shall not operate retroactively. [Ord. 1999-04-020].

11.03.110 Public employees to obey traffic regulations.

The provisions of this title shall apply to the drivers of all vehicles owned or operated by the United States, the state, or any county, city, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this title. [Ord. 1999-04-020].

11.03.120 Savings provisions.

A. This title shall not have a retroactive effect and shall not apply to any accident, to any cause of action arising out of a traffic accident or judgment arising therefrom, or to a violation of a traffic ordinance of the city occurring prior to the effective date of the ordinance codified in this title.

B. Except as otherwise provided herein, all permits lawfully issued under the provisions of any ordinance repealed by the ordinance codified in this title shall remain in force and effect until the expiration thereof, unless the same are sooner surrendered or revoked, subject, however, to all other provisions of this title.

C. All speed zones, highway closures and one-way streets lawfully established prior to the effective date of the ordinance codified in this title shall remain in full force and effect unless otherwise provided in this title. [Ord. 1999-04-020].