Chapter 10.04
MODEL TRAFFIC ORDINANCE
Sections:
10.04.010 Adoption 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 Penalties.
10.04.060 Parking infractions – Note – Monetary penalty for failure to respond.
10.04.070 Reckless endangerment – Highway workers – Penalties.
10.04.080 Impoundment of vehicles driven by suspended, revoked or uninsured drivers – Early release – Redemption – Contest.
10.04.010 Adoption by reference.
The Washington Model Traffic Ordinance, Chapter 308-330 WAC, hereinafter referred to as the Model Traffic Ordinance or “MTO,” and RCW 46.61.517, Chapter 46.30 RCW, RCW 46.20.730, as amended by Sections 4, 5, 6, 7, 10, 11, 12 and 23 of Chapter 275, Laws of 1994, are adopted by reference as and for the traffic ordinances of the City as if set forth in full in this chapter. [Ord. 1860 § 1, 1994; Ord. 1598 § 1, 1987; Ord. 1463 § 1, 1984; Ord. 1427 § 1, 1984; Ord. 1260 § 1, 1980; Ord. 1711 § 1, 1990.]
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. 1260 § 3, 1980.]
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 the general fund, to comply with the provisions of SMC 10.04.020 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. 1260 § 4, 1980.]
10.04.040 Filing of ordinance.
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 35A.12.140 for use and examination by the public. [Ord. 1260 § 5, 1980.]
10.04.050 Penalties.
Unless other 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 punished by a fine of not more than $500.00, or by imprisonment not to exceed 180 days, or both. [Ord. 1266, 1980; Ord. 1260 § 2, 1980.]
10.04.060 Parking infractions – Note – Monetary penalty for failure to respond.
A. If any motor vehicle without a driver is found parked, angle-parked, standing or stopped in violation of any of the restrictions imposed by the ordinances of this City, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user and shall conspicuously affix to the vehicle a notice of parking infraction.
B. If no response is made to a notice of parking infraction within 15 days of the date it is issued, there shall be a monetary penalty of $5.00 added to the monetary penalty for committing the parking infraction, and further, such monetary penalty for failure to respond shall be increased to $25.00 if the notice of parking infraction remains unpaid for a period of 30 days. [Ord. 1451 § 1, 1984; Ord. 1439 § 1, 1984.]
10.04.070 Reckless endangerment – Highway workers – Penalties.
A. As used in this section, “roadway construction zone” means an area where construction, repair or maintenance work is being conducted by public employees or private contractors, on or adjacent to any public roadway.
B. No person may drive a vehicle in a roadway construction zone at a speed greater than that allowed by traffic control devices.
C. A person found to have committed any infraction relating to speed restrictions in a roadway construction zone shall be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced or suspended.
D. A person who drives a vehicle in a roadway construction zone in such a manner as to endanger or be likely to endanger any persons or property, or who removes, evades or intentionally strikes a traffic safety or control device is guilty of reckless endangerment of roadway workers. A violation of this subsection is a gross misdemeanor. [Ord. 1861 § 1, 1994.]
10.04.080 Impoundment of vehicles driven by suspended, revoked or uninsured drivers – Early release – Redemption – Contest.
A. Impoundment.
1. Pursuant to the authority of RCW 46.55.113, whenever the driver of a vehicle is arrested for violation of RCW 46.61.502 (DUI), 46.61.504 (Physical Control), 46.20.342 (Driving While License Suspended or Revoked (DWLS/DWLR)) or 46.20.345 (Operation of a Motor Vehicle Under Other License or Permit Prohibited While License Suspended or Revoked) the vehicle is subject to summary impoundment at the direction of a Sunnyside law enforcement officer. Impoundment shall be for a length of time as provided in RCW 46.55.120.
2. In addition, a police officer may take custody of a vehicle, at his or her discretion, and provide for its prompt removal to a place of safety under any of the following circumstances:
a. Whenever a police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway;
b. Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety;
c. Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property;
d. Whenever the driver of a vehicle is arrested and taken into custody by a police officer;
e. Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle;
f. Whenever a vehicle without a special license plate, placard, or decal indicating that the vehicle is being used to transport a person with disabilities under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property;
g. Upon determining that a person is operating a motor vehicle without a valid driver’s license in violation of RCW 46.20.005 or with a license that has been expired for 90 days or more;
h. When a vehicle is illegally occupying a truck, commercial loading zone, restricted parking zone, bus, loading, hooded-meter, taxi, street construction or maintenance, or other similar zone where, by order of the director of transportation or Chiefs of Police or Fire or their designees, parking is limited to designated classes of vehicles or is prohibited during certain hours, on designated days or at all times, if the zone has been established with signage for at least 24 hours and where the vehicle is interfering with the proper and intended use of the zone. Signage must give notice to the public that a vehicle will be removed if illegally parked in the zone;
i. Upon determining that a person is operating a motor vehicle without proof of liability insurance or other financial responsibility in violation of RCW 46.30.020 and no other licensed and insured driver is available to remove the vehicle to a place of safety. Before the impoundment, the police officer shall attempt to contact in a reasonable and timely manner any liability insurer identified by the driver or owner to determine whether such required liability insurance exists.
3. When an arrest is made for a violation of RCW 46.20.342, if the vehicle is a commercial vehicle and the driver of the vehicle is not the owner of the vehicle, before the summary impoundment directed under subsection (A)(1) of this section, the police officer shall attempt in a reasonable and timely manner to contact the owner of the vehicle and may release the vehicle to the owner if the owner is reasonably available, as long as the owner was not in the vehicle at the time of the stop and arrest and the owner has not received a prior release under this subsection or RCW 46.55.120(1)(a)(ii).
4. Nothing in this section may derogate from the powers of police officers under the common law. For the purposes of this section, a place of safety may include the business location of a registered tow truck operator.
B. 1. Redemption. Vehicles or other items of personal property registered or titled with the Sunnyside Police Department that are impounded pursuant to this section may be redeemed after the legal owner or person authorized by RCW 45.55.120(1)(a) to redeem the vehicle complies with the provisions of RCW 45.55.120(1)(a) and (b). Upon compliance with these provisions, the legal owner or a person authorized to redeem may present proof of payment of fines. Such proof of payment must be presented to a commissioned Sunnyside law enforcement officer at the Sunnyside Law and Justice Center any time Monday through Friday, 8:00 a.m. to 5:00 p.m. Upon payment of a $50.00 administrative fee, the officer shall issue an order releasing the impounded vehicle. The legal owner or person authorized to redeem the vehicle must present the order releasing the impounded vehicle to the towing agency. The vehicle shall be released by the towing agency upon receipt of such order releasing the impound, the expiration of the required impound period as provided in RCW 46.55.120(1)(a), and the person seeking to redeem paying all towing and storage costs.
2. Redemption by Rental Car Business, Vehicle Dealer or Lender. A rental car business may immediately redeem a rental vehicle it owns by payment of the costs of removal, towing and storage, and the $50.00 administrative fee, whereupon the vehicle will not be held for a suspended license impound.
A motor vehicle dealer or lender with a perfected security interest in the vehicle may redeem or lawfully repossess a vehicle immediately by payment of the costs of removal, towing and storage, and the $50.00 administration fee, whereupon the vehicle will not be held for a suspended license impound, subject to the provisions of RCW 46.55.120(1)(d).
C. Early Release of Vehicle.
1. Personal or Economic Hardship. A spouse of the owner of the vehicle or the owner of the vehicle who was not the operator at the time of impound may petition the Sunnyside Municipal Court for an early release of the vehicle pursuant to RCW 46.55.120(1)(b) based on personal or economic hardship. If the Court determines that the early release should be granted, it may waive the $50.00 administrative fee if it finds that payment of such will create undue hardship. However, if the Court issues a written order granting the petitioner’s request for an early release, the petitioner shall be responsible for all towing, removal and storage fees as provided in RCW 46.55.120 before the vehicle can be redeemed, which fees shall not be waived by the Court.
2. Proof of Liability Insurance. A vehicle impounded pursuant to SMC 10.04.080(B)(2)(i) for no proof of liability insurance may be released to the owner of the vehicle upon presentation of proof of liability insurance or financial responsibility required by RCW 46.30.020, but such owner shall be responsible for all towing, removal and storage fees as provided in RCW 46.55.120 before the vehicle may be redeemed. If the driver of such impounded vehicle is properly licensed and provides proof that the required liability insurance or financial responsibility was in place and effective at the time the vehicle was impounded, the impounded vehicle shall be released to such driver or to the properly licensed and insured owner of such vehicle, and all towing, removal and storage fees shall be waived; provided, however, that the city shall be responsible for storage costs for only the first 72 hours after the impound of the subject vehicle, and the owner and/or driver of the vehicle shall be responsible for payment of any storage costs in excess of 72 hours.
3. Contesting Validity of Impound or Towing and Storage Charges. Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the Sunnyside Municipal Court pursuant to RCW 46.55.120(2) and (3). Request for a hearing must be made in writing and accompanied by the required court filing fee.
4. Hearing Request Form – Time for Filing. Hearing request forms may be obtained from the towing agency and must be filed with the Sunnyside Municipal Court within 10 days of receiving the request form from the towing agency. [Ord. 2175 § 1, 2007; Ord. 2021 § 1, 2001.]