Chapter 8.05
TRAFFIC AND VEHICLES IN GENERAL
Sections:
8.05.020 Avoidance of intersection.
8.05.030 Mandatory criminal traffic civil assessment.
8.05.040 Mandatory minimum penalties.
8.05.050 Neighborhood traffic safety zone – Designated.
8.05.060 Neighborhood traffic safety zone – Definitions.
8.05.070 Traffic safety school.
8.05.080 Traffic statutes adopted.
8.05.090 Authority for local use of automated safety cameras.
8.05.100 Violations as traffic infractions.
8.05.010 Code adopted.
The Washington Model Traffic Ordinance, Chapter 308-330 WAC, including any future additions to, and amendments and repeals thereof, is hereby adopted by reference, with the exception of the following provisions:
RCW
46.90.418 relating to prohibition against crossing roadways in a business district.
46.90.500 –
46.90.540 relating to bicycle licensing.
46.90.555 relating to bicycles on sidewalks.
46.90.600 –
46.90.660 relating to parking meters.
(Ord. No. 01-391, § 1, 6-19-01; Ord. No. 96-260, §§ 1, 2, 1-16-96; Ord. No. 95-243, § 1, 9-5-95; Ord. No. 94-212, § 1, 6-21-94; Ord. No. 92-163, § 1, 1-19-93; Ord. No. 91-91, § 1, 4-2-91. Code 2001 § 15-1.)
8.05.015 Inattention.
(1) No person shall operate a motor vehicle upon a street, alley or way open to the public within the city in an inattentive manner.
(2) “Inattentive manner” means driving in such a manner so as to fail to maintain a careful lookout for persons or property in the direction of travel.
(3) Any person violating the provisions of this section is guilty of an infraction for which the monetary penalty shall be $250.00.
(Ord. No. 10-664, § 1, 7-6-10)
8.05.020 Avoidance of intersection.
(1) 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.
(2) Any person violating the provisions of this section is guilty of an infraction for which the monetary penalty shall be $47.00.
(Ord. No. 91-91, § 2, 4-2-91. Code 2001 § 15-2.)
8.05.030 Mandatory criminal traffic civil assessment.
In addition to the criminal penalty provided herein, any person found to have committed an act designated as a criminal traffic violation under the provisions of this title shall be assessed a civil penalty in the amount of $20.00, in addition to the criminal traffic penalty required in RCW 46.64.055 and exclusive of any additional costs, fees, or penalties required to be assessed by the state of Washington. For the purposes of this section, “criminal traffic violations under the provisions of this title” are defined to be any violation of this Code or RCW Title 46 that is a misdemeanor or gross misdemeanor. The court may not reduce, waive, or suspend the additional penalty unless the court finds the offender to be indigent.
(Ord. No. 09-601, § 39, 1-6-09; Ord. No. 01-391, § 2, 6-19-01; Ord. No. 94-207, § 1, 1-4-94. Code 2001 § 15-4.)
8.05.040 Mandatory minimum penalties.
Unless another penalty is expressly provided by law, any person found to have committed an act designated a traffic infraction under the provisions of this title shall be punished by a penalty of not more than $250.00; provided, however, where any law, rule, or statute provides for any maximum penalty, the actual penalty imposed for a traffic infraction committed within the area designated as the Federal Way neighborhood traffic safety zone shall not be less than 80 percent of the maximum, not including statutory assessments.
(Ord. No. 94-207, § 1, 1-4-94; Ord. No. 93-163, § 2, 1-19-93. Code 2001 § 15-5.)
Cross reference: Fire lanes, FWRC 8.55.030.
State law reference: Monetary penalties, RCW 46.63.110.
8.05.050 Neighborhood traffic safety zone – Designated.
The city council of the city of Federal Way, Washington, hereby designates an area within the city to be known as the “neighborhood traffic safety zone,” which shall consist of all areas within the city within 1,000 feet of a school bus route stop designated by a school district, or within 1,000 feet of the perimeter of a school grounds. The actual penalty imposed for any traffic infraction committed within the area designated as the Federal Way neighborhood traffic safety zone shall not be less than 80 percent of the maximum, not including statutory assessments.
(1) It is not a defense to a prosecution for a violation of this Code, that a person was unaware that the prohibited conduct took place while in the Federal Way neighborhood traffic safety zone.
(2) It is not a defense to a prosecution for a violation of this Code that persons of under the age of 18 were not present in the area of the school, or at the school bus route stop at the time of the offense, or that school was not in session.
(3) In a prosecution under this section, a map produced or reproduced by the city for the purpose of depicting the location and boundary of the area within 1,000 feet of any property used for a school, or school bus route stop, or a true copy of such map under authentication, shall be admissible and shall constitute prima facie evidence of the location and boundaries of those areas; provided, however, the city council shall adopt a resolution approving the map as the official record of the location and boundaries of the area within 1,000 feet of the school and school bus route stops. The official map or a true copy of the map shall be filed with the city clerk and shall be maintained as the official record of the city of Federal Way. This section shall not be construed as precluding prosecuting authority from introducing or relying upon any other evidence or testimony to establish any element of the violation. This section shall not be construed as precluding the use or admissibility of any map or diagram other that the one which has been approved by the city council if the map or diagram is otherwise admissible under court rule.
(Ord. No. 94-207, § 1, 1-4-94; Ord. No. 93-163, § 2, 1-19-93. Code 2001 § 15-6.)
8.05.060 Neighborhood traffic safety zone – Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020.
“School” includes a school as defined by RCW 28A.150.010 or 28A.150.020, and includes a private school approved under RCW 28A.195.010.
“School bus” means a school bus as defined by the superintendent of public instruction by rule which is owned and operated by any school district and all school buses which are privately owned and operated under contract, or otherwise with any school district in the state for transportation of students. The term does not include buses operated by common carriers and the urban transportation of students, such as transportation of students through a city transportation system.
“School bus route stop” means a school bus stop as designated on maps or otherwise identified and submitted by school districts to the office of the superintendent of public instruction.
(Ord. No. 09-591, § 4, 1-6-09; Ord. No. 94-207, § 1, 1-4-94; Ord. No. 93-163, § 2, 1-19-93. Code 2001 § 15-7.)
8.05.070 Traffic safety school.
(1) Authorized. A traffic safety school is hereby authorized to be administered by the police department as a diversion program.
(2) Purpose. The purpose of the traffic safety school is to instruct, educate, and inform all enrollees in the proper, lawful, and safe operation of motor vehicles, including but not limited to rules of the road and the limitations of persons, vehicles, and bicycles and roads, streets, and highways under varying conditions and circumstances.
(3) Fee. The police department shall charge a fee to traffic school participants for the purpose of reimbursing some or all of the cost of administering the traffic school. The amount of the fee shall be as established or amended by the city council by resolution. Participants in the traffic school shall remit said fee to the management services department in accordance with the procedures established by the police department.
(Ord. No. 07-572, § 6, 12-4-07; Ord. No. 00-373, §§ 1 – 3, 9-5-00. Code 2001 § 15-12.)
8.05.080 Traffic statutes adopted.
The following state statutes are adopted by reference:
RCW
46.61.685 Leaving children unattended in standing vehicle with motor running – Penalty.
46.61.740 Theft of motor vehicle fuel.
46.63.170 Traffic safety cameras.
(Res. No. 09-539, § 1, 1-6-09; Ord. No. 05-508, § 6, 11-1-05; Ord. No. 02-429, § 16, 11-19-02. Code 2001 § 15-13.)
8.05.090 Authority for local use of automated safety cameras.
(1) Automated traffic safety cameras may be used to detect stoplight or school speed zone violations. This section is intended to provide authorizing language as required under RCW 46.63.170.
(2) Use of automated traffic safety cameras is restricted to two-arterial intersections and school speed zones only.
(3) Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle.
(4) All locations where an automated traffic safety camera is used must be clearly marked by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera.
(5) For the purpose of this section, “automated traffic safety camera” means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or exceeds a speed limit in a school zone as detected by a speed measuring device.
(6) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1)(a), (b), or (c).
(7) This section shall be applied as prescribed by RCW 46.63.170.
(8) Violations detected through the use of an automated traffic safety camera shall be issued with a monetary penalty equal to the same total penalty issued for such violations if detected by an officer without the use of an automated traffic safety camera, including the base penalty plus any statutory assessments authorized under state law, as set by the state supreme court, statute, or other court rule. However, in no case shall such penalties be issued in an amount that exceeds the amount of a fine that may be issued for an infraction involving a parking violation and shall be processed in the same manner as a parking infraction. Such infractions may be issued with a penalty up to the maximum fines allowed for parking infractions, which are up to the amounts authorized pursuant to FWRC 8.05.040 and 8.05.100.
(Ord. No. 09-613, § 1, 6-2-09; Ord. No. 05-508, § 7, 11-1-05. Code 2001 § 15-14.)
8.05.100 Violations as traffic infractions.
Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation relating to traffic, including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction unless otherwise provided, except violations of Chapter 8.10 FWRC, Commute Trip Reduction (CTR) Plan; violations of Chapter 8.15 FWRC, Impoundment for No License; and violations of Chapter 8.25 FWRC, Bicycles, which are as provided therein.
(Ord. No. 09-597, § 38, 1-6-09. Code 2001 § 15-15.)