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.

9.36.075    Duty in the case of accident with pedestrian or vehicle propelled by human power.

9.36.080    Warrant checks.

9.36.090 – 9.36.110    Reserved.

9.36.120    Emergency response caused by person’s intoxication – Recovery of costs from convicted person.

*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 upon any highway within the city or way open to the public within the city that is maintained primarily for public use and is adjacent to any highway.

B. For the purpose of this section, inattentive means the operation of a vehicle in a lax or slack manner.

C. For the purposes of this section, the term highway is defined as set forth in RCW 46.04.197 and the term way open to the public is defined as set forth in WAC 200-200-015(8).

D. 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, negligent driving in the second degree.

E. A violation of this section shall be a traffic infraction punishable by a monetary penalty of one hundred fifty dollars ($150), plus all mandatory state costs, fees, and assessments.

(Ord. No. 2716; Ord. No. 3017, § 4, 12-3-91; Ord. No. 3288, § 1, 4-3-96; Ord. No. 3408, § 4, 7-7-98; Ord. No. 4073, § 1, 2-19-13. 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)

9.36.075 Duty in the case of accident with pedestrian or vehicle propelled by human power.

The operator of any motor vehicle involved in an accident with a pedestrian, or with a device propelled by human power operated by any person, or upon which a person is seated, shall do the following:

1. Immediately stop such vehicle at the scene of such accident, or as close thereto as possible, and return to and remain at the scene of such accident until he or she has given his or her name, address, insurance company, insurance policy number, and vehicle license number, and exhibit his or her operator’s license to the pedestrian or person operating the device propelled by human power, or, if they are unconscious or incompetent, provide the same information to another person who he or she reasonably believes is acting on their behalf; or, if the pedestrian or person operating the device propelled by human power is unconscious or incompetent, and there is no one to act on their behalf, shall immediately, or as soon as possible, call 9-1-1 to summon emergency services to the scene.

2. Under no circumstances shall the rendering of assistance or other compliance with the provisions of this section be evidence of liability of any motor vehicle operator of such accident.

For the purposes of this section, “pedestrian” means any person who is afoot or who is using a wheelchair, a power wheelchair, an electric personal assistive mobility device, or a means of conveyance propelled by human power. “Motor vehicle” shall be as defined in RCW 46.04.320.

Violation of this section is a gross misdemeanor the maximum penalty of which is three hundred sixty-four (364) days in jail and a five-thousand-dollar ($5,000) fine.

(Ord. No. 4033, § 1, 4-17-12)

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.

9.36.120 Emergency response caused by person’s intoxication – Recovery of costs from convicted person.

A person whose intoxication causes an incident resulting in an appropriate emergency response and who, in connection with the incident, has been found guilty of or has had his or her prosecution deferred for driving while under the influence of intoxicating liquor or any drug pursuant to RCW 46.61.502 or use of a vessel while under the influence of alcohol or drugs pursuant to RCW 79A.60.040 is liable for the expense of the emergency response to the incident by a public agency. In no event shall a person’s liability under this section for the expense of an emergency response exceed two thousand five hundred dollars ($2,500) for a particular incident.

The expense of an emergency response is a charge against the person liable for expenses under this section. The charge constitutes a debt of that person and is collectible by the public agency incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied. Following a conviction of an offense listed in this section, and prior to sentencing, the prosecution may present to the court information setting forth the expenses incurred by the public agency for its emergency response to the incident. Upon a finding by the court that the expenses are reasonable, the court shall order the defendant to reimburse the public agency. The cost reimbursement shall be included in the sentencing order as an additional monetary obligation of the defendant and may not be substituted for any other fine or cost required or allowed by statute. The court may establish a payment schedule for the payment of the cost reimbursement, separate from any payment schedule imposed for other fines and costs.

For the purposes of this section, the phrase expense of an emergency response means reasonable costs incurred by a public agency in reasonably making an appropriate emergency response to the incident, but shall only include those costs directly arising from the response to the particular incident. Reasonable costs shall include the costs of providing police, coroner, firefighting, rescue, emergency medical services, or utility response at the scene of the incident, as well as the salaries of the personnel responding to the incident.

(Ord. No. 4047, § 1, 9-18-12)