Chapter 10.04
WASHINGTON MODEL TRAFFIC ORDINANCE1
Sections:
10.04.013 State statutes adopted by reference.
10.04.020 Disposition of traffic fines and forfeitures.
10.04.030 Official misconduct.
10.04.040 Filing of ordinance.
10.04.050 Prospective application and savings.
10.04.010 Traffic ordinance.
The Washington Model Traffic Ordinance, now codified in Chapter 308-330 WAC, a copy of which is annexed to this ordinance as Exhibit “A”, is adopted by reference as and for the traffic ordinance of this city as if set forth therein except as set out in OHMC 10.04.012 which deletes certain provisions and OHMC 10.04.013 which adds certain provisions. A copy of all sections of the Revised Code of Washington referenced in the Model Traffic Ordinance are set forth in RCW Title 46, a copy of which is filed with the ordinance codified in this chapter in the records of the city council. Copies of the Model Traffic Ordinance, Chapter 308-330 WAC, and RCW Title 46 and Chapter 275 of 1994 Laws of the state of Washington shall be on file with the city clerk and be made available by the city clerk’s office for public inspection. (Ord. 983 § 1, 1994; Ord. 981 § 2, 1994; Ord. 757 § 1, 1986).
10.04.012 Exceptions.
The following sections of the Model Traffic Ordinance are expressly deleted:
RCW 46.90.500 through 46.90.540. (Ord. 983 § 2, 1994).
10.04.013 State statutes adopted by reference.
The following listed sections of the Revised Code of Washington (RCW) are hereby adopted by reference and shall be as set out in Chapter 275, a copy of which is hereto attached as Exhibit “B” and, as of July 1, 1994, these sections shall be part of the Model Traffic Ordinance in effect within the city limits of Oak Harbor:
Sections 4, 5, 6, 10, 11, 12 and 23 of Chapter 275 of the Laws of 1994. (Ord. 983 § 3, 1994).
10.04.020 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. 757 § 2, 1986).
10.04.030 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 said general fund, to comply with the provisions of OHMC 10.04.040 shall constitute a 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. 757 § 3, 1986).
10.04.040 Filing of ordinance.
Incident to the adoption of the MTO by reference by the ordinance codified in this chapter, one copy of the text of the adopted MTO shall be filed as required by RCW 35A.12.140 and made available for use by the public. (Ord. 757 § 4, 1986).
10.04.050 Prospective application and savings.
Nothing in this chapter shall be construed as terminating any prosecution begun prior to the effective date of the ordinance codified in this chapter or preventing the prosecution of any offense committed prior to the effective date of the ordinance codified in this chapter or for offenses written prior to the effective date of ordinance codified in this chapter requiring a higher or different penalty than that in effect prior to the effective date of the ordinance. (Ord. 674 § 2, 1984).
10.04.060 Penalties.
Penalties under the Model Traffic Ordinance shall be up to the maximums allowed under the Model Traffic Ordinance, as now in effect or hereafter amended; provided, that in no event shall a penalty thereunder include jail time in excess of one year in jail or a fine in excess of $5,000, or both such fine and jail time. (Ord. 674 § 1, 1984).
For hire vehicles – See Chapter 5.21 of this code.