Chapter 10.36
RULES OF THE ROAD

Sections:

I. Obedience to and Effect of Traffic Laws

10.36.010    Statutes adopted by reference – Applicability – Obedience.

10.36.015    Ways open to the public – Application to Chapter 10.36 MICC.

10.36.020    Obedience to school patrols and signs.

10.36.030    Statutes adopted by reference.

II. Traffic Signs, Signals and Markings

10.36.040    Statutes adopted by reference.

III. Driving on Right Side of Roadway – Overtaking and Passing – Use of Roadway

10.36.050    Statutes adopted by reference.

IV. Right-of-Way

10.36.055    Statutes adopted by reference.

10.36.060    Right-of-way of emergency vehicles.

V. Pedestrians’ Rights and Duties

10.36.070    Statutes adopted by reference.

VI. Turning and Starting and Signals on Stopping and Turning

10.36.080    Statutes adopted by reference.

VII. Special Stops Required

10.36.090    Statutes adopted by reference – Railroad crossings – Emerging from alley, driveway or building.

10.36.100    Emerging from alley or private driveway.

10.36.110    Statutes adopted by reference – Overtaking and passing buses – School patrol.

VIII. Speed Restrictions

10.36.120    State speed laws applicable.

10.36.130    Speed limits established – Generally.

10.36.140    Arterial highways/streets designated.

10.36.150    Statutes adopted by reference – Regulations generally.

IX. Hit and Run, Reckless Driving, Negligent Driving and Driving While Intoxicated

10.36.160    Statutes adopted by reference.

10.36.170    Negligent driving.

10.36.180    Inattention.

10.36.190    Statutes adopted by reference.

X. Stopping, Standing and Parking

10.36.220    Statutes adopted by reference.

10.36.225    Parking in excess of 72 hours.

10.36.226    Parking not to obstruct traffic.

10.36.227    Parking in alleys and private roads.

10.36.228    Parking for certain purposes unlawful.

10.36.229    Parking of oversized vehicles – Unlawful.

XI. Miscellaneous Rules

10.36.230    Statutes adopted by reference.

10.36.240    Driving along planting strip.

10.36.250    Driveway egress.

10.36.260    Statutes adopted by reference.

10.36.270    Use of coasters, roller skates and similar devices restricted.

10.36.280    Cutting corner.

10.36.290    Statutes adopted by reference.

10.36.300    Compression brakes prohibited.

10.36.320    Failure to respond – Unlawful.

I. Obedience to and Effect of Traffic Laws

10.36.010 Statutes adopted by reference – Applicability – Obedience.

The following state statutes are adopted by reference:

RCW

46.90.400    Provisions of chapter refer to vehicles upon highway – Exceptions.

46.90.403    Required obedience to traffic ordinance.

46.61.015    Obedience to police officers, flagmen, or fire fighters.

46.61.688    Mandatory seat belt law.

(Ord. A-52 § 1, 1987; Ord. 451 § 1, 1978).

10.36.015 Ways open to the public – Application to Chapter 10.36 MICC.

As defined in Chapter 10.04 MICC, the term “ways open to the public” applies to each and every offense listed in Chapter 10.36 MICC, except MICC 10.36.226. (Ord. 451 § 1, 1978).

10.36.020 Obedience to school patrols and signs.

It is unlawful for the operator of any vehicle to fail to stop his vehicle for a school patrol sign or signal displayed by and wearing or displaying an appropriate insignia; and it is further unlawful for the operator of a vehicle to disregard any other reasonable directions of a member of a school patrol when acting in the performance of his duties as such. (Ord. 451 § 1, 1978).

10.36.030 Statutes adopted by reference.

The following state statutes are adopted by reference:

RCW

47.36.200    Signs or flagmen at thoroughfare work sites.

47.36.220    Signs or flagmen at thoroughfare work sites – Drivers of vehicles engaged in work must obey signs or flagmen.

46.61.020    Refusal to give information or cooperate with officer.

46.61.025    Persons riding animals or driving animal-drawn vehicles.

46.61.030    Persons working on highway right-of-way – Exceptions.

46.61.035    Authorized emergency vehicles.

(Ord. 451 § 1, 1978).

II. Traffic Signs, Signals and Markings

10.36.040 Statutes adopted by reference.

The following state statutes are adopted by reference:

RCW

47.36.060    Traffic devices on county roads and city streets.

47.36.110    Stop signs, “yield” signs – Duties of persons using highway – Presumptions.

46.61.050    Obedience to and required traffic control devices.

46.61.055    Traffic control signal legend.

46.61.060    Pedestrian control signals.

46.61.070    Lane-direction-control signals.

46.61.072    Lane-direction-control signals – Legend.

46.61.075    Display of unauthorized signs, signals or markings.

47.36.180    Forbidden devices – Penalty.

46.61.080    Interference with official traffic control devices or railroad signs or signals.

46.90.409    Traffic control devices required – Stopping, standing and parking.

46.90.412    Crossing new pavement and markings.

46.61.085    Traffic control signals or devices upon city streets forming part of state highways – Approval by commission required.

(Ord. 451 § 1, 1978).

III. Driving on Right Side of Roadway – Overtaking and Passing – Use of Roadway

10.36.050 Statutes adopted by reference.

The following state statutes are adopted by reference:

RCW

46.61.100    Driving on right side of roadway – Exceptions.

46.61.105    Passing vehicles proceeding in opposite direction.

46.61.110    Overtaking a vehicle on the left.

46.61.115    When overtaking on the right is permitted.

46.61.120    Limitations on overtaking on the left.

46.61.125    Further limitations on driving to left of center of roadway.

46.61.130    No passing zones.

46.61.135    One-way roadways and rotary traffic islands.

46.61.140    Driving on roadways laned for traffic.

46.61.145    Following too closely.

46.61.150    Driving on divided highways.

46.61.155    Restricted access.

46.61.160    Restrictions on use of controlled access roadway.

(Ord. 451 § 1, 1978).

IV. Right-of-Way

10.36.055 Statutes adopted by reference.

The following state statutes are adopted by reference:

RCW

46.61.180    Vehicle approaching intersection.

46.61.185    Vehicle turning left.

46.61.190    Vehicle entering stop or yield intersection.

46.61.195    Arterial highways designated – Stopping or entering.

46.61.200    Stop intersections other than arterial may be designated.

46.61.202    Stopping when traffic obstructed.

46.61.205    Vehicle entering highway from private road or driveway.

46.61.210    Operation of vehicles on approach of authorized emergency vehicles.

46.61.215    Highway construction and maintenance.

(Ord. 451 § 1, 1978).

10.36.060 Right-of-way of emergency vehicles.

The following vehicles while on emergency calls shall in the order named have the right of-way over all other traffic:

A. Vehicles and apparatus of the city police department and fire department;

B. Vehicles of the sheriff’s office, Washington State Patrol;

C. Ambulances and other authorized emergency vehicles;

D. Vehicles of the coroner and prosecuting attorney. (Ord. 06C-06 § 2; Ord. 451 § 1, 1978).

V. Pedestrians’ Rights and Duties

10.36.070 Statutes adopted by reference.

The following state statutes are adopted by reference:

RCW

46.61.230    Pedestrians subject to traffic regulations.

46.61.235    Pedestrians’ right-of-way in crosswalks.

70.84.040    Standard of care for drivers of motor vehicles – Blind pedestrians carrying white cane or using guide dog.

46.61.240    Crossing at other than crosswalks.

46.90.418    Prohibited crossing.

46.61.245    Drivers to exercise care.

46.61.250    Pedestrians on roadway.

46.61.255    Pedestrians soliciting rides or business.

46.61.260    Driving through safety zone prohibited.

46.61.261    Pedestrians’ right-of-way on sidewalk.

46.61.264    Pedestrians yield to emergency vehicles.

46.61.266    Pedestrians under the influence of alcohol or drugs.

46.61.269    Passing beyond bridge or grade crossing barrier prohibited.

(Ord. 451 § 1, 1978).

VI. Turning and Starting and Signals on Stopping and Turning

10.36.080 Statutes adopted by reference.

The following state statutes are adopted by reference:

RCW

46.61.290    Required position and method of turning at intersections.

46.61.295    “U” turns.

46.90.424    “U” turn restrictions.

46.61.300    Starting parked vehicle.

46.61.305    Turning, stopping, moving right or left – Signals required – Improper use prohibited.

46.61.310    Signals by hand and arm or signal lamps.

46.61.315    Method of giving hand and arm signals.

(Ord. 451 § 1, 1978).

VII. Special Stops Required

10.36.090 Statutes adopted by reference – Railroad crossings – Emerging from alley, driveway or building.

The following state statutes are adopted by reference:

RCW

46.61.340    Obedience to signal indicating approaching train.

46.61.345    All vehicles must stop at certain railroad grade crossings.

46.61.350    Certain vehicles must stop at all railroad grade crossings – Exceptions.

46.61.355    Moving heavy equipment at railroad grade crossings – Notice of intended crossing.

46.61.365    Emerging from alley, driveway or building.

(Ord. 451 § 1, 1978).

10.36.100 Emerging from alley or private driveway.

A. No vehicle shall back into or out of any alley except when same is obstructed.

B. No driver shall enter any street at any point other than a street intersection at a rate of speed exceeding five miles an hour, nor operate a vehicle in excess of 15 miles per hour in any alley. (Ord. 451 § 1, 1978).

10.36.110 Statutes adopted by reference – Overtaking and passing buses – School patrol.

The following state statutes, as they presently exist and may be amended from time to time, are hereby adopted and incorporated herein by this reference as if set forth in full:

RCW

46.61.370    Overtaking or meeting school bus, exceptions – Duties of bus driver – Penalty – Safety cameras.

46.61.375    Overtaking or meeting private carrier bus – Duties of bus driver.

46.61.385    School patrol – Appointment – Authority – Finance – Insurance.

46.63.180    Automated school bus safety cameras – Definition.

(Ord. 16C-10 § 1; Ord. 451 § 1, 1978).

VIII. Speed Restrictions

10.36.120 State speed laws applicable.

The state traffic laws regulating the speed of vehicles shall be applicable upon all city streets, except as this title, as authorized by state law, declares and determines upon the basis of engineering and traffic investigation that certain speed regulations shall be applicable upon specified streets or in certain areas, in which event it is unlawful for any person to drive a vehicle at a speed in excess of any speed so declared in this chapter when signs are in place giving notice thereof. (Ord. 451 § 1, 1978).

10.36.130 Speed limits established – Generally.

The speed limits on all streets shall be 25 miles per hour except:

A. Streets posted as school zones within which the speed limit shall be 20 miles per hour;

B. Streets designated as arterial streets or highways in this title upon which the speed limit shall be a maximum of 35 miles per hour;

C. Streets otherwise provided for by proper posting. (Ord. A-52 § 2, 1987; Ord. 451 § 1, 1978).

10.36.140 Arterial highways/streets designated.

Those streets and parts of streets designated in Chapter 10.82 MICC are declared to be arterial highways for the purpose of this title. (Ord. 451 § 1, 1978).

10.36.150 Statutes adopted by reference – Regulations generally.

The following state statutes are adopted by reference:

RCW

46.61.400    Basic rule and maximum limits.

46.61.415    When local authorities may alter maximum limits.

46.61.425    Minimum speed regulation – Passing slow moving vehicle.

46.61.427    Slow moving vehicle to pull off roadway.

46.61.428    Slow moving vehicle permitted to drive on improved shoulders, when.

46.61.435    Local authorities to provide “stop” or “yield” signs at intersections with increased speed highways – Designated as arterials.

46.61.440    Maximum speed limit when passing school or playground crosswalks.

46.61.445    Due care required.

46.61.450    Maximum speed, weight or size in traversing bridges, elevated structures; tunnels, underpasses – Posting limits.

46.61.455    Vehicles with solid or hollow cushion tires.

46.61.460    Special speed limitation on motor-driven cycle.

46.61.465    Exceeding speed limit evidence of reckless driving.

46.61.475    Charging violations of speed regulations.

(Ord. 451 § 1, 1978).

IX. Hit and Run, Reckless
Driving, Negligent Driving and
Driving While Intoxicated

10.36.160 Statutes adopted by reference.

The following state statutes are adopted by reference:

RCW

46.52.010    Duty on striking unattended car or other property.

46.52.020    Duty in case of injury to or death of person or damage to attended vehicle or other property.

46.61.500    Reckless driving.

46.61.530    Racing of vehicles on highways – Reckless driving.

46.61.535    Advertising of unlawful speed attained – Reckless driving.

(Ord. 451 § 1, 1978).

10.36.170 Negligent driving.

A. It is unlawful for any person to operate a motor vehicle in a negligent manner over and along the streets of the city or ways open to the public. For the purpose of this section, “to operate in a negligent manner” means the operation of a vehicle in such a manner as to endanger or be likely to endanger any person or property.

B. The offense of operating a vehicle in a negligent manner shall be considered to be a lesser offense than, but included in, the offense of operating a vehicle in a reckless manner, and any person charged with operating a vehicle in a reckless manner may be convicted of the lesser offense of operating a vehicle in a negligent manner. (Ord. 451 § 1, 1978).

10.36.180 Inattention.

A. It is unlawful for any person to operate a motor vehicle in an inattentive manner over and along the streets of the city or ways open to the public. For the purpose of this section, “to operate in an inattentive manner” means the operation of a vehicle in a lax or slack manner.

B. The offense of operating a motor 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. (Ord. 451 § 1, 1978).

10.36.190 Statutes adopted by reference.

The following state statutes are adopted by reference:

RCW

46.61.502    Driving while under influence of intoxicating liquor or drug – What constitutes.

46.61.504    Actual physical control of motor vehicle while under influence of intoxicating liquor or drug – What constitutes – Defenses.

46.61.506    Persons under influence of intoxicating liquor or drug – Evidence – Chemical test – Information concerning tests.

46.61.515    Driving or being in physical control of motor vehicle while under influence of intoxicating liquor or drug – Penalties – Penalty assessments in addition to fines, etc. – Suspension or revocation of license – Appeal.

46.61.540    Drugs, what included.

(Ord. 503 § 2, 1981; Ord. 451 § 1, 1978).

X. Stopping, Standing and Parking

10.36.220 Statutes adopted by reference.

The following state statutes are adopted by reference:

RCW

46.90.720    Citation on illegally parked vehicle.

46.90.730    Failure to comply with traffic citation attached to parked vehicle.

46.90.740    Presumption in reference to illegal parking.

46.61.562    Towing operators – Legislative declaration.

46.61.563    Towing operators – Definitions.

46.61.564    Towing operators – Unlawful acts.

46.64.565    Officers authorized to remove certain vehicles.

46.61.570    Stopping, standing, or parking prohibited in specified places – Reserving portion of highway prohibited.

46.61.575    Additional parking regulations.

46.61.580    Special parking priorities for certain disabled persons – Display of card or decal – Prohibited areas.

46.90.430    Obedience to angle parking – Signs or markings.

46.90.436    Parking for certain purposes unlawful.

46.90.439    Standing in passenger loading zone.

46.90.442    Standing in loading zone.

46.90.445    Standing in a tow-away zone.

46.90.448    Violating permits for loading or unloading at an angle to the curb.

46.90.451    Standing or parking on one-way roadways.

46.90.454    Stopping, standing and parking of buses and taxicabs regulated.

46.90.457    Restricted use of bus stops and taxicab stands.

46.90.460    Right-of-way for parking.

(Ord. 451 § 1, 1978).

10.36.225 Parking in excess of 72 hours.

No person shall park any vehicle upon any city street or highway, or the right-of-way portion thereof, for a continuous period in excess of 72 hours. (Ord. 451 § 1, 1978).

10.36.226 Parking not to obstruct traffic.

No person shall park any vehicle upon a city street in such a manner or under such conditions as to leave available for free movement of vehicular traffic less than eight feet of width required from the centerline of a two lane roadway or eight feet in width measured from the lane divider of a four lane roadway. (Ord. 451 § 1, 1978).

10.36.227 Parking in alleys and private roads.

A. No person shall park a vehicle within an alley or private road in such a manner or under such conditions as to leave available less than eight feet of the width of the roadway for the free movement of vehicular traffic.

B. No person shall stop, stand or park a vehicle within an alley or private road in such a position as to block the driveway entrance to any abutting property. (Ord. 451 § 1, 1978).

10.36.228 Parking for certain purposes unlawful.

No person shall park any vehicle upon any highway for the principal purpose of:

A. Displaying advertising;

B. Displaying such vehicle for sale;

C. Selling merchandise from such vehicle, except when authorized. (Ord. 451 § 1, 1978).

10.36.229 Parking of oversized vehicles – Unlawful.

A. It is unlawful for any person to park or store an oversized vehicle on a city street, highway, or the right-of-way portion thereof.

B. The restrictions set forth in this section shall not apply to the following:

1. Temporary parking in an otherwise legal parking area that fully or partially abuts the lot upon which the owner or operator of the vehicle resides so long as such parking is for the purpose of loading or unloading of persons or things and so long as such temporary parking may not occur on more than two days in any seven-day period;

2. Temporary parking in an otherwise legal parking area of a street or highway for the purpose of deliveries or pick-ups; provided, however, that such parking does not last for more than three hours;

3. Temporary parking or storage that is permitted pursuant to MICC 19.09.060 or a valid city-issued construction or building permit;

4. Temporary parking of a boat trailer for no more than 12 continuous hours on the following days of each year:

a. The fourth day of July;

b. The Saturday and Sunday of Mercer Island’s Summer Celebration ;

c. Days on which Sockeye salmon sport fishing is permitted on Lake Washington by the Washington State Department of Fish and Wildlife; and

d. “Seafair Weekend,” which is specifically defined as the Thursday through Sunday that takes place over the period navigation of Lake Washington is restricted by 33 CFR 100.1301 and 33 CFR 165.1319 for the Seafair Unlimited Hydroplane Race and Blue Angel Air Show Performance;

5. Parking of a boat and/or trailer that is no more than nine feet in height or 27 feet in length in an otherwise legal parking area that fully abuts the lot upon which the registered owner of the boat or trailer resides.

C. For the purposes of this section, “oversized vehicle” means any vehicle over 22 feet in length or over nine feet in height. Two or more vehicles which are attached to one another, such as a trailer attached to a motor vehicle, shall be considered one vehicle for the purpose of this definition. (Ord. 09C-12 § 1).

XI. Miscellaneous Rules

10.36.230 Statutes adopted by reference.

The following state statutes are adopted by reference:

RCW

46.61.600    Unattended motor vehicle.

46.61.605    Limitations on backing.

46.61.606    Driving on sidewalk prohibited – Exception.

(Ord. 451 § 1, 1978).

10.36.240 Driving along planting strip.

No vehicle shall be operated on or along a planting strip area or landscaped area, except where a vehicular way has been constructed and provided for within such planting strip area or landscaped area. (Ord. 451 § 1, 1978).

10.36.250 Driveway egress.

No operator shall drive any vehicle from any driveway into a street when there is maintained in a prominent position adjacent to such driveway a sign indicating the driveway is to be used only for entry from the street. (Ord. 451 § 1, 1978).

10.36.260 Statutes adopted by reference.

The following state statutes are adopted by reference:

RCW

46.61.608    Operating motorcycles on roadways laned for traffic.

46.61.610    Riding on motorcycles.

46.61.611    Riding on motorcycles – Maximum height for handlebars.

46.61.612    Riding on motorcycles – Both feet not to be on same side.

46.61.614    Riding on motorcycles – Clinging to other vehicles.

46.61.615    Obstructions to driver’s view or driving mechanism.

46.61.620    Operating and closing vehicle doors.

46.61.625    Riding in trailers.

46.61.630    Coasting prohibited.

46.61.645    Throwing or depositing glass, etc. on highway prohibited – Removal.

46.61.655    Permitting escape of load materials.

46.61.660    Carrying persons or animals on outside part of vehicle.

46.90.475    Boarding or alighting from vehicles.

46.90.478    Unlawful riding.

46.93.060    Littering prohibited – Penalties.

(Ord. 451 § 1, 1978).

10.36.270 Use of coasters, roller skates and similar devices restricted.

No person upon roller skates, or riding in or by means of any coaster, toy vehicles or similar device, shall go upon any roadway except while crossing a street on a crosswalk and when so crossing, such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This section shall not apply upon any street while set aside as a play street as authorized by this title. (Ord. 451 § 1, 1978).

10.36.280 Cutting corner.

It is unlawful for any person operating a motor vehicle upon the highways of this city to turn such vehicle either to the right or to the left upon approaching an intersection, and to proceed across any private property for the purpose of avoiding the intersection, unless so directed by proper authorities. (Ord. 451 § 1, 1978).

10.36.290 Statutes adopted by reference.

The following state statutes are adopted by reference:

RCW

46.61.665    Embracing another while driving.

46.61.670    Driving with wheels off roadway.

46.61.675    Causing or permitting vehicle to be unlawfully operated.

46.61.680    Lowering passenger motor vehicle below legal clearance.

46.61.685    Leaving children unattended in standing vehicle with motor running – Penalty.

46.61.700    Parent or guardian shall not authorize or permit violation by a child or ward.

(Ord. 451 § 1, 1978).

10.36.300 Compression brakes prohibited.

No person shall use motor vehicle brakes within the city limits of the city which are in any way activated or operated by the compression of the engine of any such motor vehicle or any unit or part thereof. It shall be an affirmative defense to prosecution under this section that said compression brakes were applied in an emergency and were necessary for the protection of persons and/or property. (Ord. A-56 § 1, 1987).

10.36.320 Failure to respond – Unlawful.

It is unlawful for a person who has been issued a traffic infraction relating to parking, standing, stopping, or pedestrian infractions, defined by city ordinance, to fail to respond in the manner directed on the notice of infraction. Unless otherwise specified by state law or city ordinance, the penalty for such failure to respond shall be $25. This penalty is in addition to penalties imposed for the underlying infraction. (Ord. 05C-02 § 1).