Chapter 10.04
STATE STATUTES

Sections:

10.04.010    MTO - ADOPTION BY REFERENCE.

10.04.020    MTO - SECTIONS NOT ADOPTED.

10.04.030    MTO - STATUTES NOT ADOPTED.

10.04.034    INATTENTION TO DRIVING.

10.04.040    FILING OF COPIES FOR PUBLIC USE.

10.04.050    DISPOSITION OF TRAFFIC FINES AND FORFEITURES.

10.04.060    OFFICIAL MISCONDUCT.

10.04.070    PENALTIES.

10.04.010 MTO - ADOPTION BY REFERENCE.

The Washington Model Traffic Ordinance, Chapter 308-330 WAC, referred to in this chapter as the "MTO," is adopted by reference as currently enacted and hereinafter amended as and for the traffic ordinance of the City as if set forth in full in this chapter, except:

(1)    As provided in BMC 10.04.020 and 10.04.030; and

(2)    Parking on street planting strips is allowed where the City Engineer has determined an area does not pose an unacceptable hazard to motorists or pedestrians, the City Engineer has posted signs authorizing such parking and the vehicle is parked upon such planting strip facing the direction of traffic flow. (Ord. 5138 §1, 2011: Ord. 4465 §1 (in part), 1994; Ord. 4260 §1, 1990; Ord. 4211 §1, 1989; Ord. 3614 §1, 1981)

10.04.020 MTO - SECTIONS NOT ADOPTED.

The following sections of the MTO are not adopted by reference and are expressly deleted: WAC 308-330-127, 308-330-250, 308-330-275, 308-330-500, 308-330-505, 308-330-510, 308-330-515, 308-330-520, 308-330-525, 308-330-530, 308-330-535, 308-330-540, 308-330-560, and 308-330-650; provided, "Department of Administrative Services" shall be substituted for "Chief of Police" wherever it appears in WAC 308-330-660, SERVICE PARKING. (Ord. 4465 §1 (in part), 1994; Ord. 4211 §2, 1989; Ord. 3614 §2, 1981)

10.04.030 MTO - STATUTES NOT ADOPTED.

The following sections in the Revised Code of Washington which were adopted by reference in the MTO are not adopted by reference and are expressly deleted: RCW 46.16.135, 46.16.140, 46.16.145, 46.16.170, 46.44.090, 46.44.091, 46.44.092, 46.44.093, 46.44.095, 46.44.096, 46.44.120, 46.44.130 and 46.44.140. (Ord. 4465 §1 (in part), 1994; Ord. 3614 §3, 1981)

10.04.034 INATTENTION TO DRIVING.

(a)    It is unlawful for any person to operate a motor vehicle in an inattentive manner. For the purposes of this section, "inattentive manner" means the operation of a motor vehicle in such a manner which evidences a lack of the degree of attentiveness required to safely operate the vehicle under the prevailing conditions of the roadway, presence of other traffic, presence of pedestrians, presence of traffic control devices or signage, presence of property, and/or weather conditions.

(b)    The offense of operating a vehicle in an inattentive manner shall be a lesser offense than, but included in, the offense of operating a vehicle in a negligent manner under RCW 46.61.525, and any person charged pursuant to RCW 46.61.525 may be convicted of the lesser offense of operating a vehicle in an inattentive manner.

(c)    Violation of this section shall constitute a civil infraction subject to the penalty established in Municipal Court - Rate Table B as set forth in Chapter 3.01 BMC. (Ord. 5286 §1, 2015: Ord. 5182 §1, 2012: Ord. 4314 §1, 1991)

10.04.040 FILING OF COPIES FOR PUBLIC USE.

Incident to the adoption of the MTO by reference by this chapter, copies of the text of the adopted MTO and of other adopted statutes shall be filed as required by RCW 35.21.180 for use and examination by the public. (Ord. 3614 §7, 1981)

10.04.050 DISPOSITION OF TRAFFIC FINES AND FORFEITURES.

All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this chapter shall be paid into the general fund of the City. (Ord. 3614 §5, 1981)

10.04.060 OFFICIAL MISCONDUCT.

Failure, refusal or neglect on the part of any judicial or other officer or employee receiving or having custody of any such fine or forfeiture of bail, either before or after a deposit in the general fund, to comply with the provisions of BMC 10.04.050 shall constitute misconduct in office and shall be grounds for removal therefrom, provided appropriate removal action is taken pursuant to state law relating to removal of public officials. (Ord. 3614 §6, 1981)

10.04.070 PENALTIES.

Unless another penalty is expressly provided by law in the MTO or in the statutes that are adopted by reference therein, any person who is convicted of violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12. (Ord. 4733, Reaffirmed, 11/30/2000; Ord. 4680, Amended, 12/17/1999; Ord. 3614 §4, 1981)