Chapter 10.04
WASHINGTON MODEL TRAFFIC ORDINANCE**
Sections:
10.04.010 Adopted by reference.
10.04.030 Section 46.61.500 amended--Operation of vehicle in reckless manner.
10.04.040 Section 46.61.525 amended--Operation of vehicle in negligent manner.
10.04.050 Refusal to submit to breath or blood test.
10.04.070 Use of compression brakes.
10.04.090 Incorporation of provisions into MTO.
10.04.100 All-terrain vehicles--Conditions of operation.
** For statutory provisions authorizing a city to adopt Washington State statutes by reference, see RCW 35.21.180.
10.04.010 Adopted by reference.
A. That certain document known as the "Washington Model Traffic Ordinance" as set forth in Chapter 308-330, Washington Administrative Code, shall be and is hereby adopted by reference as the traffic code of the city as if set forth herein.
A copy of that provision of the Washington Administrative Code, as well all statutes adopted by reference therein, shall be maintained on file in the office of the clerk-treasurer.
B. Except as hereinafter set forth, any person who is convicted of violating or failing to comply with any of the provisions of this section shall be punished as provided by Section 1.28.010 of this code; provided, that any individual who is convicted of violations of either Section I or II of Chapter 176, Laws of 1979, First Extraordinary Session, shall be punished as provided by and under the terms of Section 62, Chapter 155, Laws of 1965, Extraordinary Session, as last amended by Section 6 of Chapter 176, Laws of 1979, First Extraordinary Session and RCW 46.61.515.
C. All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with violation of any of the provisions of this section shall be paid into the general fund of the city.
D. 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 the deposit into such general fund, to comply with the provisions of subsection B, 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.
E. Incident to the adoption of the MTO by reference, copies of the text of the adopted MTO and of other adopted ordinances shall be filed as required by state law for use and examination by the public. (Ord. 996 §§1, 2, 1998; Ord. 698 §1, 1979: Ord. 691 §1, 1979; Ord. 663 §1, 1978: Ord. 544 §1, 1974).
10.04.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
"Way open to the public" means any road, alley, lane or parking area, or any place, private or otherwise, adapted to and fitted for travel, that is in common use by the public, with the consent, expressed or implied, of the owner or owners; and, further, means public playgrounds, school grounds, recreation grounds, parks, parkways, park drives, park paths, wharves, station grounds, and rights-of-way open to the use of the public. (Ord. 575 §3, 1975).
10.04.030 Section 46.61.500 amended--Operation of vehicle in reckless manner.
Section 46.61.500 of the 1973 Motor Vehicle Code of the state, adopted by reference in Section 10.04.010 of this code, is amended to read as follows:
"It is unlawful for any person to operate a motor vehicle in a reckless manner over and along the streets of this city or ways open to the public. For the purpose of this section to operate in a reckless manner shall be construed to mean the operation of a vehicle upon the streets of this city or ways open to the public in such a manner as to indicate either a wilful or wanton disregard for the safety of persons or property." (Ord. 575 §1, 1975).
10.04.040 Section 46.61.525 amended--Operation of vehicle in negligent manner.
Section 46.61.525 of the 1973 Motor Vehicle Laws, adopted by reference in Section 10.04.010 of this code, is amended to read as follows:
"It is unlawful for any person to operate a motor vehicle in a negligent manner over and along the streets of the city of Elma 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.
"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. 575 §2, 1975).
10.04.050 Refusal to submit to breath or blood test.
The refusal of a person to submit to a test of the alcoholic content of the person’s blood or breath under RCW 46.20.308, as now existing or hereafter amended, is admissible into evidence at a subsequent criminal trial. (Ord. 889 §1, 1992).
10.04.060 State laws adopted.
The following provisions of the laws of the state of Washington as existing within session laws or as codified within the Revised Code of Washington (RCW) shall be and are adopted by reference as portions of the traffic ordinance of the city as if set forth in full and shall be deemed to be codified within this title:
A. Section 10 of Chapter 275 of the Laws of 1994, as last amended by Section 2 of Chapter 132 of the Laws of 1995, and RCW 46.20.309.
B. Section 5 of Chapter 132 of the Laws of 1995.
C. Section 1 of Chapter 139 of the Laws of 1994, as last amended by Section 6 of Chapter 332 of the Laws of 1995, and RCW 46.61.5058.
D. Section 7 of Chapter 275 of the Laws of 1994, as last amended by Section 11 of Chapter 112 of the Laws of 1995, and RCW 46.61.5054.
E. Section 9 of Chapter 275 of the Laws of 1994, as last amended by Section 14 of Chapter 112 of the Laws of 1995, and RCW 46.61.5056.
F. Section 19 of Chapter 275 of the Laws of 1994, as last amended by Section 15 of Chapter 112 of the Laws of 1995, and RCW 46.61.5151. (Ord. 954 §1, 1995).
10.04.070 Use of compression brakes.
A. No person shall use compression brakes while operating a motor vehicle within the corporate limits, unless either such prohibition is preempted by state law or such use is necessary in an emergency.
B. Definitions.
1. "Compression brakes" means a device which, when manually activated, retards the forward motion of a motor vehicle by the direct and sole use of the compression of the engine of the vehicle and which is not separately muffled to reduce the noise related to the use thereof. "Compression brakes" are sometimes called "jake brakes."
2. An "emergency" contemplates that an immediate stoppage or slowing of the vehicle is necessary in order to prevent injury to persons or damage to property or to remedy an injury that has already occurred, and that friction brakes are either not available or would not have been as effective in bringing the vehicle to a stop or slowing it.
C. This section shall not apply to vehicles of a municipal fire department, whether or not responding to an emergency, participating in an exercise in emergency management, or rendering assistance under a mutual aid pact.
D. Violation of this section shall be punished as an infraction. (Ord. 991 §1, 1998).
10.04.080 Impoundment, release and redemption of vehicles driven by suspended/revoked drivers and appeals therefrom.
A. Basis of Impoundment. Pursuant to the authority of RCW 46.55.111, whenever the driver of a vehicle is arrested for violation of RCW 46.20.142 (Driving while license suspended or revoked (DWLS/DWLR)) or 46.20.420 (Operation of vehicle under other license or permit prohibited while license suspended or revoked), the vehicle is subject to impoundment, release or redemption at the business location of a registered tow truck operator at the direction of the chief of the police department or an officer of the department pursuant to the provisions of the following paragraphs of this section.
B. Holding Vehicles Impounded.
1. DWLS/DWLR First Degree or Second Degree. When a vehicle is impounded because the operator is in violation of RCW 46.20.142(1)(a) or (b) (DWLS/DWLR First or Second Degree), the vehicle will be held, at the written direction of the chief or one of his or her officers, in impound before it may be redeemed for:
a. Seventy-two hours when the Department of Motor Licenses’ records show that the operator has no prior conviction of RCW 46.20.342(1)(a) or (b) a similar local ordinance within the past five years.
b. Ten days when the Department of Licenses’ records show that the operator has been convicted once of RCW 46.20.342(1)(a) or (b) or a similar local ordinance within the past five years; or
c. Thirty days when the Department of Licenses’ records show that the operator has been convicted two or more times of RCW 46.20.342(1)(a) or (b) or a similar local ordinance within the past five years.
2. DWLS/DWLR Third Degree. When a vehicle is impounded because the operator is in violation of RCW 46.20.342(1)(c) (DWLS/DWLR Third Degree), the vehicle will be held, at the written direction of the chief of police or one of his or her officers, in impound before it may be redeemed, as follows:
a. The chief or his or her designee shall issue an immediate written order of release of the vehicle from impound upon compliance with the provisions of Section 10.06.080(A) and (B) when the Department of Licenses’ records show that the operator has no prior convictions of RCW 46.20.342(1)(a), (b) or (c) or a similar local ordinance within the past five years; or
b. Seventy-two hours when the Department of Licenses’ records show that the operator has one or more convictions of RCW 46.20.342(1)(a), (b) or (c) or a similar local ordinance within the past five years.
C. Hardship Release. The chief or his or her designee may issue a written order to release the vehicle from impound before the expiration of the impound period on. the basis of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator’s criminal history and driving record.
D. Redemption of Impounded Vehicles. Vehicles impounded pursuant to applicable provisions of this section may be redeemed, after being held for the requisite number of days in impound under the applicable provisions of this section, upon the following conditions:
1. The person redeeming the vehicle is an eligible person to redeem the vehicle under RCW 46.55.120(1)(a), as now existing or hereafter amended, and pays all towing, removal and storage fees in commercially reasonable tender as provided in RCW 46.55.120(1)(b); and
2. When the vehicle was impounded because the operator was in violation of RCW 46.20.342 and the operator is the registered owner, such registered owner establishes with the chief or his or her designee that all penalties, fines or forfeitures owed by him or her for traffic violations have been paid in full; and
3. Issuance of a written order from the chief or his or her designee directing release of the impounded vehicle.
E. Contesting Impoundment or Towing and Storage Charges.
1. Any person seeking to redeem a vehicle impounded under this chapter has a right pursuant to the provisions of RCW 46.55.120(2)(b) to a hearing in the municipal court to contest the validity of the impoundment or the amount of the towing and storage charges.
2. The police chief or his or her designee shall appear and represent the department at the impoundment validity hearing in the municipal court. The city attorney may, but is not required to, represent the city at the hearing.
F. For purposes of this section:
1. Any reference to any particular statute shall be deemed to incorporate the terms thereof, and any amendment or successor statute, by reference;
2. Any reference to the chief shall be deemed to mean the chief of the city’s police department or such member of the department as the chief may designate;
3. Any commissioned officer of the department shall be deemed to be such a designee. (Ord. 999 §1, 1999).
10.04.090 Incorporation of provisions into MTO.
The incorporation of the provisions of ESHB 1632 relating to the definitions, equipment, and licensing requirements, operator requirements, and other provisions applicable to this matter is specifically ratified. (Ord. 1135 §1, 2014).
10.04.100 All-terrain vehicles--Conditions of operation.
Operators meeting the requirements set forth in the applicable provisions of the MTO may operate enhanced all-terrain vehicles also meeting the requirements upon all public streets within the city other than any street having a speed limit greater than thirty-five miles per hour. (Ord. 1135 §2, 2014).
10.04.110 Penalties.
A. Unless stated otherwise in any other applicable provision of the municipal code, violation of any provision of this chapter is a traffic infraction, punishable as provided by the provisions of the municipal code; provided, that if the vehicle is operated in a negligent or reckless manner by the operator or the operator is in such a condition as to be subject to citation under the provisions of RCW 46.61.502 through 46.61.540, inclusive, such citation may be issued and, upon conviction, the penalties provided therein shall be applied.
B. The parent or legal guardian of a minor who knowingly allows a minor who (1) is less than the age of eighteen years and (2) does not possess a valid driver’s license to operate a vehicle in violation of this chapter has committed a traffic infraction and, upon a finding of committed, shall be subject to imposition of the fiscal penalty in the same amount to which the operator is subject. (Ord. 1135 §3, 2014).