Chapter 10.04
MODEL TRAFFIC ORDINANCE
Sections:
10.04.010 Adoption by reference.
10.04.020 Sections of the MTO not adopted.
10.04.030 Statutes not adopted along with MTO.
10.04.040 Repealed.
10.04.050 Filing copy of referenced statutes and codes.
10.04.060 Disposition of fines and forfeitures.
10.04.070 Official misconduct in handling fines.
10.04.080 Reimbursement of costs.
10.04.090 Traffic engineer – Authority.
10.04.100 Traffic engineer – Designation of parking restrictions.
10.04.110 Electronic home detention program – Established.
10.04.120 Electronic home detention program – Administration.
10.04.125 Unlawful avoidance of traffic control device.
10.04.126 Repealed.
10.04.127 Forest Park Drive – Two-way westbound.
10.04.130 Rules of the road – Private roads and ways.
10.04.010 Adoption by reference.
The “Washington Model Traffic Ordinance,” Chapter 308-330 WAC, referred to in this chapter as the “MTO,” and RCW 46.90.005 and RCW 46.90.010 are adopted by reference as the traffic ordinance of the city as if set forth in full, and are adopted as amended in the future as provided in RCW 46.90.010. (Ord. 583 § 1, 1994)
10.04.020 Sections of the MTO not adopted.
The following sections of the MTO are not adopted by reference and are expressly deleted:
WAC
308-330-115 City
308-330-142 Parking meter
308-330-145 Parking meter space
308-330-148 Parking meter zone
308-330-154 Planting strip
308-330-157 Police officer
308-330-160 Police chief
308-330-163 Police department
308-330-169 School bus zone
308-330-172 Service parking
308-330-175 Street
308-330-210 Police administration (establishment of traffic division in police department)
308-330-250 Police department to administer bicycle licenses
308-330-255 Police department to regulate parking meters
308-330-275 Local traffic safety commission
308-330-433 Parking not to obstruct traffic
308-330-436 Parking for certain purposes unlawful
308-330-445 Standing in a tow-away zone
308-330-462 RCW sections adopted – 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 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
308-330-540 Bicycle dealers
308-330-560 Bicycles – Penalties
308-330-600 Parking meter spaces
308-330-610 Parking meters – Deposit of coins and time limits
308-330-620 Parking meters – Slugs prohibited
308-330-630 Tampering with parking meters
308-330-640 Parking meters – Rule of evidence
308-330-650 Parking meters – Application of proceeds
308-330-660 Service parking (permit)
308-330-720 Citation on illegally parked vehicle
308-330-730 Failure to comply with traffic citation attached to parked vehicle
308-330-740 Presumption regarding illegal parking
(Ord. 583 § 2, 1994)
10.04.030 Statutes not adopted along with MTO.
A. The following sections in the Revised Code of Washington which were adopted by reference in the WAC 308-330-100 section of the MTO are not adopted by this reference and are expressly deleted:
RCW
46.04.431 Highway
B. The following sections in the Revised Code of Washington which were adopted by reference in the WAC 308-330-700 section of the MTO are not adopted by this reference and are expressly deleted:
RCW
46.63.030(3) Parking infraction notice
46.63.140 Presumption regarding illegal parking
(Ord. 583 § 3, 1994)
10.04.040 Violation – Penalty.
Repealed by Ord. 824. (Ord. 583 § 4, 1994)
10.04.050 Filing copy of referenced statutes and codes.
Not less than one copy of Exhibit A attached to the ordinance codified in this chapter containing the statutes, codes or regulations as codified, in the form in which they were adopted by reference, shall be filed in the office of the city clerk for use and examination by the public. The “office of the city clerk” means those areas within City Hall under the control or access of the city clerk. (Ord. 583 § 6, 1994)
10.04.060 Disposition of 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. 583 § 7, 1994)
10.04.070 Official misconduct in handling fines.
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 LFPMC 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. 583 § 8, 1994)
10.04.080 Reimbursement of costs.
A. The court may require a convicted defendant to pay costs. When a defendant is found guilty, the court shall render judgment accordingly, and the defendant shall be liable for all costs, unless the court or jury trying the cause expressly find otherwise.
B. Costs shall be limited to expenses specially incurred by the city in prosecuting the defendant, including, but not limited to, the expenses of providing the defendant with the assistance of counsel. Costs shall not include expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law.
C. The court shall not sentence a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.
D. A defendant who has been sentenced to pay costs, and who is not in contumacious default in the payment thereof, may at any time petition the court which sentenced him for modification of the payment of costs or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardships on the defendant or his immediate family, the court may modify all or part of the amount due in costs, or modify the method of payment as provided in this section. (Ord. 583 § 9, 1994)
10.04.090 Traffic engineer – Authority.
A. Pursuant to authority granted in WAC 308-330-260, the city’s director of public works is designated the city’s traffic engineer and that official is authorized to exercise the powers and duties specified in WAC 308-330-270 in accordance with the provisions of this chapter.
B. The traffic engineer or the chief of police are authorized to establish emergency or temporary parking restrictions (72 hours maximum). (Ord. 753 § 1, 1998)
10.04.100 Traffic engineer – Designation of parking restrictions.
A. The traffic engineer, acting in conjunction with the chief of police, may establish permanent parking restrictions, including no parking zones, parking time restricted zones and loading zones, in addition to those established in Chapter 10.12 LFPMC in the following manner:
1. With the exception of no parking zones, all parking restricted zones may be established upon the recommendation of the traffic engineer in accordance with the procedures established herein.
2. No parking zones may be established upon written petition of 60 percent of property owners adjacent to and within 300 feet of a proposed no parking zone.
3. The petition shall locate the proposed no parking zone with specificity sufficient to satisfy the traffic engineer and shall be filed with that officer who shall verify and then certify that the required signatures have been obtained.
4. No later than 30 days from the date the petition for a no parking zone is certified or a recommendation for a parking restriction is made, a hearing before a panel of the traffic engineer and the chief of police shall be scheduled and owners of property on the street for which the restriction is proposed and within 500 feet of the proposed restriction shall be notified by mail and notice of the hearing shall be published in a newspaper of general circulation within the city.
5. At the hearing the proposal shall be described by the traffic engineer and then proponents and opponents shall be heard.
6. If at the conclusion of the hearing, the traffic engineer and the chief of police each find that establishment of the parking restriction will promote the public health, safety and welfare, will be conducive to traffic safety, will enhance neighborhood amenities, and will not unduly restrict available parking in the vicinity, they shall issue an order reciting the date of the hearing, the conclusions of the hearing panel, and establishing or rejecting the parking restriction either as proposed or as modified by the panel.
7. An order establishing a parking restriction shall be submitted to the city clerk who shall schedule the order for consideration by the city council as an item on the council’s consent agenda at a meeting no later than 30 days from the date of the order. Unless disapproved by the council, the order shall be effective five days from the date of the council’s action.
8. After council action, an order shall be endorsed by the city clerk “Approved or disapproved by the city council – Date” and filed with the records of the city clerk who shall maintain such orders separately from other city records and available to the public.
9. On the effective date of the order, the traffic engineer shall post the location with official signs designating it as restricted in accordance with the order.
10. Any person who parks in a parking restricted zone established pursuant to this ordinance shall have committed an infraction and shall be fined as provided in LFPMC 10.12.360. (Ord. 753 § 2, 1998)
10.04.110 Electronic home detention program – Established.*
Effective January 1, 1999, an electronic home detention monitoring program is established in the city of Lake Forest Park, and the mayor is authorized to and shall enter into a yearly agreement with the Washington Association of Sheriffs and Police Chiefs to provide an electronic home monitoring program to be administered by the city of Lake Forest Park police department. (Ord. 776 § 1, 1998)
*Code reviser’s note: Ordinance No. 776 adds these provisions as Section 10.04.090. The section has been editorially renumbered to prevent duplication of numbering.
10.04.120 Electronic home detention program – Administration.*
A. The city of Lake Forest Park chief of police, or the chief’s designee, shall administer the electronic home detention program and monitor the defendants accepted for participation in the program.
B. The chief of police shall adopt and promulgate, and as necessary revise, rules and criteria for admission to and continued participation in the program.
C. Fees and costs to be charged to participants in the program shall be established by the city council and promulgated in the council resolution establishing miscellaneous fees and charges. (Ord. 776 § 2, 1998)
*Code reviser’s note: Ordinance No. 776 adds these provisions as Section 10.04.100. The section has been editorially renumbered to prevent duplication of numbering.
10.04.125 Unlawful avoidance of traffic control device.
Whoever shall drive a motor vehicle over private property to avoid a traffic control device shall have committed an infraction and shall be subject to a fine of $71.00. (Ord. 834 § 2, 2000)
10.04.126 Forest Park Drive – One-way westbound – Penalty.
Repealed by Ord. 936. (Ord. 881 § 1, 2002)
10.04.127 Forest Park Drive – Two-way westbound.
That portion of Forest Park Drive between 25th Avenue Northeast and 19th Avenue Northeast is designated as a two-way street open to motor vehicle traffic. (Ord. 936 § 2, 2005)
10.04.130 Rules of the road – Private roads and ways.
A. Any person driving a vehicle upon private roads and ways, as defined herein, shall do so in accordance with the rules of the road contained in Chapter 46.61 RCW, as adopted by LFPMC 10.04.010 through 10.04.030, or suffer the punishments prescribed therein.
B. “Private roads and ways” means any privately owned and maintained road, alley, or lane, or any privately owned and maintained parking lot, or any parking lot owned and maintained by the city, provided such road or way is open to the use of the public.
C. “Open to the use of the public” means that the road or way is adapted to and fitted for travel by vehicles and is in common use by the public with consent, either express or implied, of the owners.
D. This chapter does not and shall not be interpreted to extend to the city any responsibility for maintenance of private roads and ways. (Ord. 862 § 1, 2001)