Subtitle III. Traffic and Motor Vehicles

Chapter 9.36
TRAFFIC CODE*

Sections:

9.36.010    Adopting ordinance.

9.36.015    Driving regulations.

9.36.020    Inattentive driving.

9.36.030    Avoidance of intersection, penalty.

9.36.040    Breaking traction – Quick starts.

9.36.045    Motor vehicle public disturbance.

9.36.050    One-way streets and alleys – Penalty.

9.36.060    Compression brakes restrictions.

9.36.070    Vehicle weight restrictions.

9.36.080    Warrant checks.

9.36.090    –

9.36.110    Reserved.

*Cross reference(s) – Police department, Ch. 2.22; speed limits and vehicle regulations in parks and recreation areas, § 4.01.080; traffic regulations in parks and recreation areas, § 4.01.210; license required for taxicabs and other vehicles for hire, Ch. 5.03; visibility requirements at intersections in residential districts, § 15.08.130; visibility at access points for automobiles, § 15.08.140.

State law reference(s) – Model traffic ordinance, RCW 46.90.005 et seq.

9.36.010 Adopting ordinance.

Pursuant to RCW 46.90.010, the Washington Model Traffic Ordinance (MTO) as set forth in Chapter 308-330 WAC, attached as Exhibit A, is hereby adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. The MTO, in conjunction with the other provisions of Ch. 9.36 KCC, shall constitute the traffic ordinance of the city of Kent. A copy of the MTO shall be authenticated and recorded by the city clerk along with this adopting ordinance for examination by the public.

(Ord. No. 3017, § 3, 12-3-91; Ord. No. 3073, § 1, 10-20-92; Ord. No. 3170, § 1, 5-24-94; Ord. No. 3408, § 2, 7-7-98)

9.36.015 Driving regulations.

The following sections of Chapters 46.20 and 46.61 RCW are hereby adopted by reference as currently enacted and as may be amended from time to time, and shall be given the same force and effect as if set forth herein in full.

RCW

46.20.005    Driving without a license – Misdemeanor, when.

46.20.015    Driving without a license – Traffic infraction, when.

46.20.270    Conviction of offense requiring withholding driving privilege – Procedures – Definitions.

46.20.720    Ignition interlocks, biological technical devices – Drivers convicted of alcohol offenses.

46.20.730    Ignition interlock device – Other biological or technical device – Definitions.

46.61.5249    Negligent driving – First degree.

(Ord. No. 3408, § 3, 7-7-98; Ord. No. 3954, § 4, 5-18-10)

9.36.020 Inattentive driving.

A. It is unlawful for any person to operate a motor vehicle in an inattentive manner over the highways of the city.

B. For the purpose of this section, “inattentive” means the operation of a vehicle upon the public highways of the city in a lax or slack manner.

C. The offense of operating a vehicle in an inattentive manner shall be considered to be a lesser offense than, but included in the offense of, operating a vehicle in a negligent manner.

D. A violation of this section shall be a traffic infraction punishable by a monetary penalty of one hundred dollars ($100).

(Ord. No. 2716; Ord. No. 3017, § 4, 12-3-91; Ord. No. 3288, § 1, 4-3-96; Ord. No. 3408, § 4, 7-7-98. Formerly Code 1986, § 10.02.032)

9.36.030 Avoidance of intersection, penalty.

A. It is unlawful for any person operating a motor vehicle on the highways of the city to turn such vehicle either to the right or to the left upon approaching or leaving intersections and to proceed across any private property for the purpose of avoiding the intersection or any traffic control device controlling the intersection, unless so directed by lawful authority.

B. A violation of this section shall be a traffic infraction punishable by a monetary penalty of one hundred dollars ($100).

(Ord. No. 2769, § 1; Ord. No. 3017, § 5, 12-3-91; Ord. No. 3408, § 5, 7-7-98. Formerly Code 1986, § 10.02.034)

9.36.040 Breaking traction – Quick starts.

A. No person shall drive any vehicle or motorcycle so as to cause, by excessive or unnecessary acceleration, the tires of any such vehicle or cycle to spin and emit loud noises or to unnecessarily throw stones or gravel.

B. A violation of this section shall be a traffic infraction punishable by a monetary penalty of one hundred fifty dollars ($150).

(Ord. No. 3350, § 7, 5-21-97; Ord. No. 3408, § 6, 7-7-98)

Editor’s note – Ord. No. 3138, § 4, adopted Oct. 19, 1993, repealed former § 9.36.040, which pertained to street closures.

9.36.045 Motor vehicle public disturbance.

A. It is unlawful for any person in control of or operating a motor vehicle to permit sound from the motor vehicle sound system, such as but not limited to a radio, tape player, or compact disc player, whether or not affixed to the vehicle, to be operated at a volume so as to be audible at a distance greater than fifty (50) feet from the vehicle itself.

B. A violation of this section shall be a traffic infraction punishable by a monetary penalty of one hundred fifty dollars ($150).

(Ord. No. 3408, § 7, 7-7-98)

9.36.050 One-way streets and alleys – Penalty.

A. Upon those streets and parts of streets, and in those alleys described in the schedule on file in the city clerk’s office, vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited.

B. Any violation of this section shall be an infraction and punishable by a monetary penalty of not more than twenty dollars ($20).

(Ord. No. 1972, §§ 4, 5; Ord. No. 2085, § 2; Ord. No. 2313, § 1; Ord. No. 2427, § 4; Ord. No. 2731, § 4; Ord. No. 2940, § 1; Ord. No. 3062, § 2(10.06.160), 8-18-92; Ord. No. 3170, § 1, 5-24-94. Formerly Code 1986, §§ 10.06.160, 10.06.170)

State law reference(s) – Yield signs, RCW 46.61.425, 46.61.435; stop signs, RCW 46.61.435.

Editor’s note – Ord. No. 3170, § 1, adopted May 24, 1994, renumbered former § 9.36.100 as 9.36.050.

9.36.060 Compression brakes restrictions.

A. Compression brakes prohibited. No person shall use motor vehicle brakes within the city limits that are in any way activated or operated by the compression of the engine of that motor vehicle or any unit or part thereof. It shall be an affirmative defense to prosecution under this section that the compression brakes where applied in an emergency and were necessary for the protection of persons and/or property.

B. Violation; penalty. Any person violating these compression brake provisions shall have committed a traffic infraction and a penalty of one hundred dollars ($100) shall be imposed.

C. Signposting. The director of public works is authorized and directed to post appropriate signs consistent with these provisions.

(Ord. No. 3317, § 1, 10-1-96)

9.36.070 Vehicle weight restrictions.

A. Operational maximum gross vehicle weight restriction on Kent 5 Bridge at Rock Creek. In accordance with RCW 46.61.450, it is unlawful for any person to operate a vehicle or combination of vehicles over the Kent 5 Bridge at Rock Creek located on Kent-Kangley Road with an operational maximum gross vehicle weight over forty-four (44) tons or eighty-eight thousand (88,000) pounds. For purposes of this section, operational maximum gross vehicle weight means the maximum gross vehicle weight of all load-bearing axles on the bridge at any one (1) time. School buses, public transit buses, emergency vehicles, public utility or municipal and county vehicles, and solid waste disposal vehicles are exempt from this section.

B. Violations. A violation of this section is a traffic infraction under RCW 46.44.105(4), and punishable by the allowable monetary penalty, as may be amended from time to time. In addition to any penalty for violation of the provisions of this section, such violator may be liable in a civil action instituted in the name of the city for any damages to the bridge sustained as a result of such violation.

(Ord. No. 3816, § 1, 9-19-06)

9.36.080 Warrant checks.

Law enforcement officers are authorized to search for outstanding warrants upon making a stop, or upon making contact with a person, for a traffic infraction or non-traffic infraction. This provision shall be in addition to, and subject to, all current and future federal or state legislative enactments affecting the same.

(Ord. No. 3364, § 2, 9-16-97)

9.36.090 – 9.36.110 Reserved.

    Editor’s note – Ord. No. 3170, § 1, adopted May 24, 1994, repealed former §§ 9.36.050, 9.36.060, 9.36.070, 9.36.080 9.36.090, 9.36.110, which contained provisions relating to the traffic code.