Chapter 10.01
WASHINGTON MODEL TRAFFIC ORDINANCE

Sections:

10.01.010    Washington Model Traffic Ordinance (MTO) adopted by reference.

10.01.015    Sections of Washington Model Traffic Ordinance (MTO) not adopted.

10.01.020    Certain 1994 legislation adopted.

10.01.025    Expiration upon adoption into Washington Model Traffic Ordinance.

10.01.030    Use of compression brakes prohibited.

10.01.040    Alcohol violators – Vehicle seizure and forfeiture.

10.01.050    Disposition of traffic fines and forfeitures.

10.01.055    Official misconduct re traffic fines and forfeitures – Penalty.

10.01.060    Filing of ordinance.

10.01.010 Washington Model Traffic Ordinance (MTO) adopted by reference.

Subject to EMC 10.01.015, the “Washington Model Traffic Ordinance,” Chapter 308-330 WAC, is hereby adopted by reference as and for the traffic ordinance of this City as if set forth in full herein. [Ord. 476 § 1, 1994; Ord. 176 § 1, 1976; Ord. 88, 1953; Ord. 40, 1953; Ord. 15A, 1944; Ord. 12, 1937.]

10.01.015 Sections of Washington Model Traffic Ordinance (MTO) not adopted.

The following sections of the Washington Model Traffic Ordinance, Chapter 308-330 WAC, are not adopted by reference and are expressly deleted:

A. WAC 308-330-250, 308-330-500, 308-330-505, 308-330-510, 308-330-515, 308-330-520, 308-330-525, 308-330-530 and 308-330-535, relating to bicycle licensing; and

B. WAC 308-330-255, 308-330-600, 308-330-610, 308-330-620, 308-330-630, 308-330-640, and 308-330-650, relating to parking meters. [Ord. 476 § 2, 1994; Ord. 176 § 2, 1976.]

10.01.020 Certain 1994 legislation adopted.

Pursuant to RCW 35A.12.140, Sections 4, 5, 6, 7, 10, 11, 12, and 23 of Chapter 275, and Section 1 of Chapter 139, Laws of Washington, 1994, are hereby adopted by this reference as if fully set forth herein. [Ord. 476 § 3, 1994; Ord. 280 § 1, 1983; Ord. 247 § 3, 1981; Ord. 225 §§ 1, 2, 1980; Ord. 161 §§ 1, 2, 1975.]

10.01.025 Expiration upon adoption into Washington Model Traffic Ordinance.

EMC 10.01.020 shall expire upon and to the extent of the adoption by reference in Chapter 308-330 WAC, the Washington Model Traffic Ordinance, of Sections 4, 5, 6, 7, 10, 11, 12, and 23 of Chapter 275, and Section 1 of Chapter 139, Laws of Washington, 1994. [Ord. 476 § 4, 1994; Ord. 280 § 2, 1983.]

10.01.030 Use of compression brakes prohibited.

It is unlawful for the operator of any motor vehicle, other than the operator of any municipal or emergency response vehicle, to use motor vehicle brakes which are in any way activated or operated by or using the compression of the engine of such motor vehicle, or any unit or part thereof. [Ord. 457 § 1, 1993.]

10.01.040 Alcohol violators – Vehicle seizure and forfeiture.

The following section of the Revised Code of Washington, as presently constituted or hereinafter amended, is adopted by reference as the code of the City of Everson:

RCW

46.61.5058    Alcohol violators – Vehicle seizure and forfeiture.

[Ord. 677 § 29, 2008; Ord. 456 § 3, 1993.]

10.01.050 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. 176 § 4, 1976.]

10.01.055 Official misconduct re traffic fines and forfeitures – Penalty.

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 EMC 10.01.050 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. 176 § 5, 1976.]

10.01.060 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. 176 § 6, 1976.]