Chapter 11.02
WASHINGTON MODEL TRAFFIC ORDINANCE

Sections:

11.02.005    State statutes adopted by reference as city traffic.

11.02.006    Repealed.

11.02.007    Sections not adopted.

11.02.010    Amendment of adopted statutes.

11.02.012    Repealed.

11.02.014    Repealed.

11.02.015    Highway defined.

11.02.020    Warrant checks.

11.02.025    Certain statutes adopted by reference.

11.02.040    Traffic fines and forfeitures – Disposition.

11.02.050    Traffic fines and forfeitures – Official misconduct prohibited.

11.02.051    Impoundment of vehicle when driver is arrested for a violation of RCW 46.61.502, 46.61.504, 46.20.342 or 46.20.420.

11.02.053    Administrative hearing procedures.

11.02.055    Additional redemption and hearing procedures.

11.02.057    Rules and regulations.

11.02.059    Administrative fees.

11.02.060    Violation – Penalty.

11.02.070    Repealed.

11.02.090    Severability.

11.02.005 State statutes adopted by reference as city traffic.

The “Washington Model Traffic Ordinance,” Chapter 308-330 WAC,     is hereby adopted by reference as the traffic ordinance of the city of Lynnwood as if set forth in full herein.

Codification Note: The following list contains the headings of the Washington Administrative Code (WAC)     sections that made up the Washington Model Traffic Ordinance (MTO) at the time of adoption of Lynnwood Ordinance No. 2057. The list also contains the Revised Code of Washington (RCW) statutes that were part of the MTO at the time of adoption of Lynnwood Ordinance No. 2057. Because the MTO is subject to change over time, and because WAC 308-330-010 dictates that the addition, amendment, or repeal of any section of the MTO automatically amends city ordinances which adopt the MTO, the following list is intended as an aid only, and the actual contents of the MTO as set forth in Chapter 308-330 WAC control in the event of any omissions, amendments, or deletion to the list.

Chapter 308-330 WAC
Washington Model Traffic Ordinance

308-330-005    Purpose of this chapter.

308-330-010    Amendments to this chapter automatically included.

308-330-030    Uniformity in application.

308-330-100    Chapter 46.04 RCW (Definitions) adopted by reference.

308-330-109    Bus.

308-330-112    Bus stop.

308-330-115    City.

308-330-118    Demolish.

308-330-127    Holidays.

308-330-133    Loading zone.

308-330-136    Official time standard.

308-330-139    Ordinance.

308-330-142    Parking meter.

308-330-145    Parking meter space.

308-330-148    Parking meter zone.

308-330-151    Passenger loading zone.

308-330-154    Planting strip.

308-330-157    Police or police officer.

308-330-160    Police chief or chief of police.

308-330-163    Police department.

308-330-169    School bus zone.

308-330-172    Service parking.

308-330-175    Street.

308-330-178    Taxicab.

308-330-181    Taxicab stand.

308-330-184    Tow truck operator.

308-330-187    Traffic division.

308-330-190    U-turn.

308-330-195    RCW sections adopted – Livestock.

308-330-197    RCW sections adopted – Off-road and nonhighway vehicles.

308-330-200    RCW sections adopted – Snowmobiles.

308-330-205    Public employees to obey traffic regulations.

308-330-210    Police administration.

308-330-215    Duty of traffic division.

308-330-220    Authority of police and fire department officials.

308-330-225    Records of traffic violations.

308-330-230    Traffic division to investigate accidents.

308-330-235    Traffic accident studies.

308-330-240    Traffic accident reports.

308-330-245    Traffic division to submit annual traffic safety report.

308-330-250    Police department to administer bicycle licenses.

308-330-255    Police department to regulate parking meters.

308-330-260    Traffic engineer.

308-330-265    Traffic engineer – Authority.

(Except 308-330-265(13); see LMC 11.44.105.)

308-330-270    Local authority – Authority.

308-330-275    Traffic safety commission – Powers and duties.

308-330-300    RCW sections adopted – Certificates of ownership and registrations.

308-330-305    RCW sections adopted – Vehicle licenses.

308-330-307    RCW sections adopted – Driver licenses – Identicards.

308-330-309    RCW sections adopted – Uniform Commercial Driver’s License Act.

308-330-310    RCW sections adopted – Financial responsibility.

308-330-312    RCW sections adopted – Mandatory liability insurance.

308-330-314    RCW sections adopted – Vehicle inspection.

308-330-316    RCW sections adopted – Vehicle lighting and other equipment.

308-330-320    RCW sections adopted – Size, weight, load.

308-330-322    RCW sections adopted – Transportation of hazardous materials.

308-330-325    RCW sections adopted – Accidents, reports.

308-330-327    RCW sections adopted – Hulk haulers and scrap processors.

308-330-330    RCW sections adopted – Motor vehicle wreckers.

308-330-360    Owner of record presumed liable for costs when vehicle abandoned – Exception.

308-330-365    Contract with registered disposer to dispose of vehicles and hulks – Compliance required.

308-330-370    Stolen and abandoned vehicles – Reports of – Recovery, report required, penalty – Disposition.

308-330-400    Provisions of chapter refer to vehicles upon highway – Exception.

308-330-403    Required obedience to traffic ordinance.

308-330-406    RCW sections adopted – Abandoned, unauthorized, and junk vehicle tow truck operators.

308-330-408    RCW sections adopted – Traffic laws, signs, signals, markings.

308-330-409    Traffic control devices required – Stopping, standing, and parking.

308-330-412    Crossing new pavement and markings.

308-330-415    RCW sections adopted – Right of way.

308-330-421    RCW sections adopted – Starting and stopping.

308-330-423    RCW sections adopted – Speed restrictions.

308-330-425    RCW sections adopted – Reckless driving, vehicular homicide and assault.

308-330-430    Obedience to angle-parking signs or markings.

308-330-433    Parking not to obstruct traffic.

308-330-436    Parking for certain purposes unlawful.

308-330-439    Standing in passenger loading zone.

308-330-442    Standing in loading zone.

308-330-445    Standing in a tow-away zone.

308-330-448    Violating permits for loading or unloading at an angle to the curb.

308-330-451    Standing or parking on one-way roadways.

308-330-454    Stopping, standing, and parking of buses and taxicabs regulated.

308-330-457    Restricted use of bus stops and taxicab stands.

308-330-460    Right of way for parking.

308-330-462    RCW sections adopted – Stopping, standing, and parking.

308-330-464    RCW sections adopted – Operation and restrictions.

308-330-466    Funeral processions.

308-330-469    When permits required for parades and processions.

308-330-472    Interfering with processions.

308-330-475    Boarding or alighting from vehicles.

308-330-478    Unlawful riding.

308-330-481    RCW sections adopted – Operation of nonmotorized vehicles.

308-330-500    Bicycle license required.

308-330-505    Bicycle license application.

308-330-510    Issuance of bicycle license.

308-330-515    Attachment of bicycle license plate or decal.

308-330-520    Inspection of bicycles.

308-330-525    Renewal of bicycle license.

308-330-530    Bicycle transfer of ownership.

308-330-535    Bicycle rental agencies.

308-330-540    Bicycle dealers.

308-330-545    Bicycles – Obedience to traffic control devices.

308-330-550    Bicycles – Parking.

308-330-555    Bicycles – Riding on sidewalks.

308-330-560    Bicycles – Penalties.

308-330-565    Unclaimed bicycles.

308-330-600    Parking meter spaces.

308-330-610    Parking meters – Deposit of coins and time limits.

308-330-620    Parking meters – Use of slugs prohibited.

308-330-630    Tampering with parking meter.

308-330-640    Parking meters – Rule of evidence.

308-330-650    Parking meters – Application of proceeds.

308-330-660    Service parking.

308-330-700    RCW sections adopted – Disposition of traffic infractions.

308-330-705    RCW sections adopted – Enforcement.

308-330-710    Penalties.

308-330-720    Citation on illegally parked vehicle.

308-330-730    Failure to comply with traffic citation attached to parked vehicle.

308-330-740    Presumption in reference to illegal parking.

308-330-800    RCW sections adopted – Traffic control devices.

308-330-810    RCW sections adopted – Limited access facilities.

308-330-815    RCW sections adopted – Alcoholic beverage control.

308-330-820    RCW sections adopted – Guide and service dogs.

308-330-825    RCW sections adopted – Littering.

308-330-910    Uniformity of interpretation.

Chapter 16.24 RCW
Stock Restricted Areas

16.24.065    Stock at large in restricted areas – Running at large on state or federal land.

16.24.070    Stock on highway right-of-way – Limitations.

Chapter 46.04 RCW
Definitions

46.04.010    Scope and construction of terms.

46.04.015    Alcohol concentration.

46.04.020    Alley.

46.04.030    Arterial highway.

46.04.040    Authorized emergency vehicle.

46.04.050    Auto stage.

46.04.060    Axle.

46.04.071    Bicycle.

46.04.080    Business district.

46.04.085    Camper.

46.04.090    Cancel.

46.04.100    Center line.

46.04.110    Center of intersection.

46.04.115    Chauffeur.

46.04.120    City street.

46.04.125    Collector.

46.04.127    Collegiate license plates.

46.04.130    Combination of vehicles.

46.04.140    Commercial vehicle.

46.04.150    County road.

46.04.160    Crosswalk.

46.04.162    Department.

46.04.163    Director.

46.04.165    Driveaway-towaway operation.

46.04.167    Driver education.

46.04.168    Driving privilege withheld.

46.04.169    Electric-assisted bicycle.

46.04.170    Explosives.

46.04.180    Farm tractor.

46.04.181    Farm vehicle.

46.04.182    Farmer.

46.04.183    Farming.

46.04.187    Flammable liquid.

46.04.190    For hire vehicle.

46.04.194    Garbage truck.

46.04.200    Hours of darkness.

46.04.215    Ignition interlock device – Other biological or technical device – Definitions.

46.04.220    Intersection area.

46.04.240    Intersection control area.

46.04.251    Kit vehicle.

46.04.260    Laned highway.

46.04.270    Legal owner.

46.04.272    Lightweight stud.

46.04.274    Limousine, etc.

46.04.276    Limousine carrier.

46.04.280    Local authorities.

46.04.290    Marked crosswalk.

46.04.300    Metal tire.

46.04.302    Mobile home, manufactured home.

46.04.303    Modular home.

46.04.304    Moped.

46.04.305    Motor homes.

46.04.310    Motor truck.

46.04.320    Motor vehicle.

46.04.330    Motorcycle.

46.04.332    Motor-driven cycle.

46.04.340    Muffler.

46.04.350    Multiple lane highway.

46.04.355    Municipal transit vehicle.

46.04.360    Nonresident.

46.04.370    Operator or driver.

46.04.380    Owner.

46.04.381    Park or parking.

46.04.3815    Parts car.

46.04.382    Passenger car.

46.04.391    Police officer.

46.04.400    Pedestrian.

46.04.405    Person.

46.04.408    Photograph, picture, negative.

46.04.410    Pneumatic tires.

46.04.414    Pole trailer.

46.04.416    Private carrier bus.

46.04.420    Private road or driveway.

46.04.435    Public scale.

46.04.440    Railroad.

46.04.450    Railroad sign or signal.

46.04.455    Reasonable grounds.

46.04.460    Registered owner.

46.04.465    Rental car.

46.04.466    Rental car business.

46.04.470    Residence district.

46.04.480    Revoke.

46.04.490    Road tractor.

46.04.500    Roadway.

46.04.510    Safety zone.

46.04.521    School bus.

46.04.530    Semitrailer.

46.04.540    Sidewalk.

46.04.550    Solid tire.

46.04.552    Special mobile equipment.

46.04.555    Stand or standing.

46.04.560    State highway.

46.04.565    Stop.

46.04.566    Stop or stopping.

46.04.570    Street car.

46.04.571    Street rod vehicle.

46.04.580    Suspend.

46.04.582    Tandem axle.

46.04.585    Temporarily sojourning.

46.04.590    Traffic.

46.04.600    Traffic control signal.

46.04.611    Traffic-control devices.

46.04.620    Trailer.

46.04.622    Park trailer.

46.04.623    Travel trailer.

46.04.630    Train.

46.04.640    Trolley vehicle.

46.04.650    Tractor.

46.04.653    Truck.

46.04.655    Truck tractor.

46.04.660    Used vehicle.

46.04.670    Vehicle.

46.04.672    Vehicle or pedestrian right of way.

46.04.710    Wheelchair conveyance.

Chapter 46.09 RCW
Off-Road and Nonhighway Vehicles

46.09.010    Application of chapter – Permission necessary to enter upon private lands.

46.09.020    Definitions.

46.09.030    Use permits – Issuance – Fees.

46.09.040    Use permit prerequisite to operation.

46.09.050    Vehicles exempted from ORV use permits and tags.

46.09.070    Application for ORV use permit.

46.09.080    ORV dealers – Permits – Fees – Number plates – Title application – Violations.

46.09.110    Disposition of ORV moneys.

46.09.120    Operating violations.

46.09.130    Additional violations – Penalty.

46.09.140    Accident reports.

46.09.150    Motor vehicle fuel excise taxes on fuel for nonhighway vehicles not refundable.

46.09.165    Nonhighway and off-road vehicle activities program account.

46.09.170    Refunds from motor vehicle fund – Distribution – Use.

46.09.180    Regulation by local political subdivisions or state agencies.

46.09.190    General penalty – Civil liability.

46.09.200    Enforcement.

46.09.240    Administration and distribution of ORV moneys.

46.09.250    State-wide plan.

46.09.280    Committee to advise on administration of chapter.

46.09.900    Severability – 1971 ex.s. c 47.

Chapter 46.10 RCW
Snowmobiles

46.10.010    Definitions.

46.10.020    Ownership, transport, or operation of snowmobile without registration prohibited.

46.10.030    Ownership or operation of snowmobile without registration prohibited – Exceptions.

46.10.040    Application for registration – Annual fee – Registration number – Term – Renewal – Transfer – Nonresident permit – Decals.

46.10.043    Registration or transfer of registration pursuant to sale by dealer – Temporary registration.

46.10.050    Snowmobile dealers’ registration – Fee – Dealer number plates, use – Sale or demonstration unlawful without registration.

46.10.055    Denial, suspension, or revocation of dealer registration or assessment of monetary civil penalty, when.

46.10.060    Registration number permanent – Certificate of registration, date tags.

46.10.070    Affixing and displaying registration number.

46.10.075    Snowmobile account – Deposits – Appropriations, use.

46.10.080    Distribution of snowmobile registration fees, civil penalties, and fuel tax moneys.

46.10.090    Operating violations.

46.10.100    Crossing public roadways and highways lawful, when.

46.10.110    Operating upon public road or highway lawful, when.

46.10.120    Restrictions on age of operators – Qualifications.

46.10.130    Additional violations – Penalty.

46.10.140    Accident reports.

46.10.150    Refund of snowmobile fuel tax to snowmobile account.

46.10.160    Snowmobile fuel excise tax nonrefundable.

46.10.170    Amount of snowmobile fuel tax paid as motor vehicle fuel tax.

46.10.180    Regulation by political subdivisions, state agencies.

46.10.185    Local authorities may provide for safety and convenience.

46.10.190    Violations as traffic infractions – Exceptions – Civil liability.

46.10.200    Enforcement.

46.10.210    Administration.

46.10.220    Snowmobile advisory committee.

46.10.900    Severability – 1971 ex.s. c 29.

46.10.910    Short title.

Chapter 46.12 RCW
Certificates of Ownership and Registration

46.12.005    Definitions.

46.12.010    Certificates required to operate and sell vehicles – Manufacturers or dealers, security interest, how perfected.

46.12.020    Prerequisite to issuance of vehicle license and plates.

46.12.030    Certificate of ownership – Application – Contents – Inspection of vehicle.

46.12.040    Certificate of ownership – Application and inspection fees.

46.12.042    Emergency medical services fee.

46.12.045    Off-road vehicles, certificate of ownership for title purposes only.

46.12.050    Issuance of certificates – Contents.

46.12.055    Certificate of ownership – Manufactured homes.

46.12.060    Procedure when identification number altered or obliterated.

46.12.070    Destruction of vehicle – Surrender of certificates, penalty – Notice of settlement by insurance company.

46.12.075    Rebuilt vehicles.

46.12.080    Procedure on installation of different motor – Penalty.

46.12.095    Requirements for perfecting security interest.

46.12.101    Transfer of ownership – Requirements – Penalty, exceptions.

46.12.102    Release of owner from liability, requirements for.

46.12.103    Transitional ownership record.

46.12.105    Transfer of ownership of mobile home, county assessor notified – Evidence of taxes paid.

46.12.124    Odometer disclosure statement.

46.12.130    Assigned certificate of ownership to be filed by department – Transfer of interest in vehicle.

46.12.151    Procedure when department unsatisfied as to ownership and security interests.

46.12.160    Refusal or cancellation of certificate – Notice – Penalty for subsequent operation.

46.12.170    Procedure when security interest is granted on vehicle.

46.12.181    Duplicate for lost, stolen, mutilated, etc., certificates.

46.12.190    Legal owner not liable for acts of registered owner.

46.12.200    State or director not liable for acts in administering chapter.

46.12.210    Penalty for false statements or illegal transfers.

46.12.215    Unlawful sale of certificate of ownership.

46.12.220    Alteration or forgery – Penalty.

46.12.230    Permit to licensed wrecker to junk vehicle – Fee.

46.12.240    Appeals to superior court from suspension, revocation, cancellation, or refusal of license or certificate.

46.12.250    Ownership of motor vehicle by person under eighteen prohibited – Exceptions.

46.12.260    Sale or transfer of motor vehicle ownership to person under eighteen prohibited.

46.12.270    Penalty for violation of RCW 46.12.250 or 46.12.260.

46.12.280    Campers – Application to – Rules and regulations.

46.12.290    Mobile or manufactured homes, application of chapter to – Rules.

46.12.295    Mobile homes – Titling functions transferred to department of community, trade, and economic development.

46.12.300    Serial numbers on vehicles, watercraft, campers, or parts – Buying, selling, etc., with numbers removed, altered, etc. – Penalty.

46.12.310    Serial numbers – Seizure and impoundment of vehicles, etc. – Notice to interested persons – Release to owner, etc.

46.12.320    Serial numbers – Disposition of vehicles, etc., authorized, when.

46.12.330    Serial numbers – Hearing – Appeal – Removal to court – Release.

46.12.340    Serial numbers – Release of vehicle, etc.

46.12.350    Assignment of new serial number.

46.12.370    Lists of registered and legal owners of vehicles – Furnished for certain purposes – Penalty for unauthorized use.

46.12.380    Disclosure of names and addresses of individual vehicle owners.

46.12.390    Disclosure violations, penalties.

46.12.420    Street rod vehicles.

46.12.430    Parts cars.

46.12.440    Kit vehicles – Application for certificate of ownership.

46.12.450    Kit vehicles – Issuance of certificate of ownership or registration.

46.12.500    Commercial vehicle – Compliance statement.

Chapter 46.16 RCW
Vehicle Licenses

46.16.006    “Registration year” defined – Registration months – “Last day of the month.”

46.16.010    Licenses and plates required – Penalties – Exceptions.

46.16.011    Allowing unauthorized person to drive – Penalty.

46.16.012    Immunity from liability for licensing nonroadworthy vehicle.

46.16.015    Emission control inspections required – Exceptions – Educational information.

46.16.016    Emission control inspections – Rules for licensing requirements.

46.16.020    Exemptions – State and publicly owned vehicles – Registration.

46.16.022    Exemptions – Vehicles owned by Indian tribes – Conditions.

46.16.023    Ride-sharing vehicles – Special plates – Gross misdemeanor.

46.16.025    Identification device for exempt farm vehicles – Application for – Contents – Fee.

46.16.028    “Resident” defined – Vehicle registration required.

46.16.029    Purchasing vehicle with foreign plates.

46.16.030    Nonresident exemption – Reciprocity.

46.16.035    Exemptions – Private school buses.

46.16.040    Form of application – Contents.

46.16.045    Temporary permits – Authority – Fees.

46.16.047    Temporary permits – Form and contents – Duration – Fees.

46.16.048    Temporary letter of authority for movement of unlicensed vehicle for special community event.

46.16.062    License fee.

46.16.0621    License fee.

46.16.063    Additional fee for recreational vehicles.

46.16.065    Small trailer license fee – Conditions.

46.16.068    Trailing units – Permanent plates.

46.16.070    License fee on trucks, buses, and for hire vehicles based on gross weight.

46.16.071    Additional fees.

46.16.073    Federal heavy vehicle use tax.

46.16.079    Fixed load motor vehicle equipped for lifting or towing – Capacity fee in addition to and in lieu.

46.16.085    Commercial trailers, pole trailers – Fee in lieu.

46.16.088    Transfer of license plates – Penalty.

46.16.090    Gross weight fees on farm vehicles – Penalty.

46.16.111    Gross weight, how computed.

46.16.121    Seating capacity fees on stages, for hire vehicles.

46.16.125    Mileage fees on stages – Penalty.

46.16.135    Monthly license fee – Penalty.

46.16.140    Overloading licensed capacity – Additional license – Penalties – Exceptions.

46.16.145    Overloading licensed capacity – Penalties.

46.16.150    School buses exempt from load and seat capacity fees.

46.16.160    Vehicle trip permits – Restrictions and requirements – Fees and taxes – Penalty – Rules.

46.16.170    Marking gross weight on vehicle.

46.16.180    Unlawful to carry passengers for hire without license.

46.16.200    Applications to agents – Transmittal to director.

46.16.210    Original applications – Renewals – Fees – Preissuance, when.

46.16.212    Notice of liability insurance requirement.

46.16.216    Payment of parking fines required for renewal.

46.16.220    Time of renewal of licenses – Duration.

46.16.225    Adjustment of vehicle registration periods to stagger renewal periods.

46.16.230    License plates furnished.

46.16.233    Standard background – Periodic replacement.

46.16.235    State name not abbreviated.

46.16.237    Reflectorized materials – Fee.

46.16.240    Attachment of plates to vehicles – Violations enumerated.

46.16.260    License registration certificate – Signature required – Carried in vehicle – Penalty – Inspection – Exception.

46.16.265    Replacement certificate.

46.16.270    Replacement of plates – Fee.

46.16.276    Implementing rules.

46.16.280    Sale, loss, or destruction of commercial vehicle – Credit for unused fee – Change in license classification.

46.16.290    License certificate and plates follow vehicle on transfer – Exceptions.

46.16.301    Baseball stadium license plates.

46.16.305    Special license plates – Continuance of earlier issues – Conditions for current issues.

46.16.307    Collectors’ vehicles – Use restrictions.

46.16.309    Special license plates – Application.

46.16.313    Special license plates – Fees.

46.16.314    Special license plates – Authority to continue.

46.16.316    Special license plates – Transfer of vehicle – Replacement plates.

46.16.319    Veterans and military personnel – Emblems.

46.16.324    Collegiate license plates.

46.16.327    License plate emblems – Material, display requirements.

46.16.332    License plate emblems – Fees.

46.16.335    Special license plates and emblems – Rules.

46.16.340    Amateur radio operator plates – Information furnished to various agencies.

46.16.350    Amateur radio operator plates – Expiration or revocation of radio license – Penalty.

46.16.371    Special plates for honorary consul, foreign government representative.

46.16.374    Taipei Economic and Cultural Office – Special plates.

46.16.376    Taipei Economic and Cultural Office – Fee exemption.

46.16.381    Special parking privileges for disabled persons – Penalties – Enforcement.

46.16.390    Special plate or card issued by another jurisdiction.

46.16.450    Appeals to superior court from suspension, revocation, cancellation, or refusal of license or certificate.

46.16.460    Nonresident members of armed forces – Issuance of temporary license.

46.16.470    Temporary license – Display.

46.16.480    Nonresident members of armed forces – Exemption from sales, use, or motor vehicle excise taxes – Extent of exemption.

46.16.490    Nonresident members of armed forces – Rules and regulations – Proof.

46.16.500    Liability of operator, owner, lessee for violations.

46.16.505    Campers – License and plates – Application – Fee.

46.16.560    Personalized license plates – Defined.

46.16.565    Personalized license plates – Application.

46.16.570    Personalized license plates – Design.

46.16.575    Personalized license plates – Issuance to registered owner only.

46.16.580    Personalized license plates – Application requirements.

46.16.585    Personalized license plates – Fees – Renewal – Penalty.

46.16.590    Personalized license plates – Transfer fees.

46.16.595    Personalized license plates – Transfer or surrender upon sale or release of vehicle – Penalty.

46.16.600    Personalized license plates – Rules and regulations.

46.16.605    Personalized license plates – Disposition of fees – Costs.

46.16.606    Personalized license plates – Additional fee.

46.16.630    Moped registration.

46.16.640    Wheelchair conveyances.

46.16.670    Boat trailers – Fee for freshwater aquatic weeds account.

46.16.680    Kit vehicles.

46.16.900    Severability – 1973 1st ex.s. c 132.

Chapter 46.20 RCW
Drivers’ Licenses – Identicards

Driver’s License and Permit Requirements

46.20.001    License required – Rights and restriction.

46.20.005    Driving without a license – Misdemeanor, when.

46.20.015    Driving without a license – Traffic infraction, when.

46.20.017    Immediate possession and displayed on demand.

46.20.021    New residents.

46.20.022    Unlicensed drivers – Subject to Title 46 RCW.

46.20.024    Unlawful to allow unauthorized minors to drive.

46.20.025    Exemptions.

46.20.027    Armed forces, dependents.

46.20.031    Ineligibility.

46.20.035    Proof of identity.

46.20.041    Physically or mentally disabled persons.

46.20.045    School bus, for hire drivers – Age.

46.20.049    Commercial driver’s license – Additional fee, disposition.

46.20.055    Instruction permit.

46.20.065    Temporary permit.

46.20.070    Juvenile agricultural driving permit.

46.20.075    Intermediate license.

Obtaining or Renewing a Driver’s License

46.20.091    Application – Penalty for false statement – Driving records from and to other jurisdictions.

46.20.0921    Violations – Penalty.

46.20.093    Bicycle safety.

46.20.095    Instructional publication information.

46.20.100    Persons under eighteen.

46.20.105    Persons under twenty-one.

46.20.109    Wheelchair conveyances.

46.20.113    Anatomical gift statement.

46.20.114    Preventing alteration or reproduction.

46.20.117    Identicards.

46.20.118    Negative file.

46.20.119    Reasonable rules.

46.20.120    Examinations – Waiver – Out-of-state renewals – Fees.

46.20.130    Content and conduct of examinations.

46.20.155    Voter registration.

46.20.157    Data to department of information services – Confidentiality.

46.20.161    Issuance of license – Contents – Fee.

46.20.181    Expiration date – Renewal – Fees – Penalty.

46.20.185    Photograph during renewal.

46.20.187    Registration of sex offenders.

46.20.200    Lost, destroyed, corrected licenses or permits.

46.20.205    Change of address or name.

Restricting the Driving Privilege

46.20.207    Cancellation.

46.20.215    Nonresidents – Suspension or revocation – Reporting offenders.

46.20.220    Vehicle rentals – Records.

46.20.265    Juvenile driving privileges – Revocation for alcohol or drug violations.

46.20.267    Intermediate licensees.

46.20.270    Conviction of offense requiring suspension or revocation – Procedures, records, reporting, definition.

46.20.285    Offenses requiring revocation (as amended by 1998 c 41).

46.20.285    Offenses requiring revocation (as amended by 1998 c 207).

46.20.286    Adoption of procedures.

46.20.289    Suspension for failure to respond, appear, etc.

46.20.291    Authority to suspend – Grounds.

46.20.292    Finding of juvenile court officer.

46.20.293    Minor’s record to juvenile court, parents, or guardians.

46.20.300    Extraterritorial convictions.

46.20.305    Incompetent, unqualified driver – Reexamination – Physician’s certificate – Action by department.

46.20.308    Implied consent – Test refusal – Procedures.

46.20.3101    Implied consent – License sanctions, length of.

46.20.311    Duration of license sanctions – Reissuance or renewal.

46.20.315    Surrender of license.

46.20.317    Unlicensed drivers.

46.20.320    Suspension, etc., effective although certificate not delivered.

Driver Improvement

46.20.322    Interview before suspension, etc. – Exceptions – Appearance of minor’s parent or guardian.

46.20.323    Notice of interview – Contents.

46.20.324    Persons not entitled to interview or hearing.

46.20.325    Suspension or probation before interview – Alternative procedure.

46.20.326    Failure to appear or request interview constitutes waiver – Procedure.

46.20.327    Conduct of interview – Referee – Evidence – Not deemed hearing.

46.20.328    Findings and notification after interview – Request for formal hearing.

46.20.329    Formal hearing – Procedures, notice, stay.

46.20.331    Hearing and decision by director’s designee.

46.20.332    Formal hearing – Evidence – Subpoenas – Reexamination – Findings and recommendations.

46.20.333    Decision after formal hearing.

46.20.334    Appeal to superior court.

46.20.335    Probation in lieu of suspension or revocation.

Driving or Using License while Suspended or Revoked

46.20.338    Display or possession of invalidated license or identicard.

46.20.342    Driving while license invalidated – Penalties – Extension of invalidation.

46.20.345    Operation under other license or permit while license suspended or revoked – Penalty.

46.20.349    Stopping vehicle of suspended or revoked driver.

46.20.355    Alcohol violator – Probationary license.

Occupational Driver’s License

46.20.380    Fee.

46.20.391    Application – Eligibility – Restrictions – Cancellation.

46.20.394    Detailed restrictions – Violation.

46.20.400    Obtaining new driver’s license – Surrender of order and occupational driver’s license.

46.20.410    Penalty.

Motorcycles

46.20.500    Special endorsement – Exceptions.

46.20.505    Examination fees, amount and distribution.

46.20.510    Instruction permit – Fee.

46.20.515    Examination – Emphasis.

46.20.520    Training and education program – Advisory board.

Alcohol Detection Devices

46.20.710    Legislative finding.

46.20.720    Drivers convicted of alcohol offenses.

46.20.740    Notation on driver’s license – Penalty.

46.20.750    Assisting another in starting or operating – Penalty.

Miscellaneous

46.20.900    Repeal and saving.

46.20.910    Severability – 1965 ex.s. c 121.

46.20.911    Severability, implied consent law – 1969 c 1.

Chapter 46.25 RCW
Uniform Commercial Driver’s License Act

46.25.001    Short title.

46.25.005    Purpose – Construction.

46.25.010    Definitions.

46.25.020    One license limit.

46.25.030    Duties of driver – Notice to department and employer.

46.25.040    Duties of employer.

46.25.050    Commercial driver’s license required – Exceptions, restrictions.

46.25.060    Knowledge and skills test – Instruction permit.

46.25.070    Application – Change of address – Residency.

46.25.080    License contents, classifications, endorsements, restrictions, expiration – Exchange of information.

46.25.090    Disqualification – Grounds for, period of – Records, notice.

46.25.100    Restoration after disqualification.

46.25.110    Driving with alcohol in system.

46.25.120    Test for alcohol or drugs – Disqualification for refusal of test or positive test.

46.25.130    Report of violation by nonresident.

46.25.140    Rules.

46.25.150    Agreements to carry out chapter.

46.25.160    Licenses issued by other states.

46.25.170    Civil and criminal penalties.

46.25.900    Severability – 1989 c 178.

46.25.901    Effective dates – 1989 c 178.

Chapter 46.29 RCW
Financial Responsibility

Administration

46.29.010    Purpose.

46.29.020    Definitions.

46.29.030    Director to administer chapter.

46.29.040    Court review.

46.29.050    Furnishing driving record and evidence of ability to respond in damages – Fees.

Security Following Accident

46.29.060    Application of sections requiring deposit of security and suspensions for failure to deposit security.

46.29.070    Department to determine amount of security required – Notices.

46.29.080    Exceptions as to requirement of security.

46.29.090    Requirements as to policy or bond.

46.29.100    Form and amount of security.

46.29.110    Failure to deposit security – Suspensions.

46.29.120    Release from liability.

46.29.130    Adjudication of nonliability.

46.29.140    Agreements for payment of damages.

46.29.150    Payment upon judgment.

46.29.160    Termination of security requirement.

46.29.170    Duration of suspension.

46.29.180    Application to nonresidents, unlicensed drivers, unregistered vehicles, and accidents in other states.

46.29.190    Authority of department to decrease amount of security.

46.29.200    Correction of action by department.

46.29.210    Custody of security.

46.29.220    Disposition of security.

46.29.230    Return of deposit.

46.29.240    Certain matters not evidence in civil suits.

Proof of Financial Responsibility for the Future

46.29.250    Application of sections requiring deposit of proof of financial responsibility for the future.

46.29.260    Meaning of “proof of financial responsibility for the future.”

46.29.270    Meaning of “judgment” and “state.”

46.29.280    Suspension continues until proof furnished.

46.29.290    Action in respect to unlicensed person.

46.29.300    Action in respect to nonresidents.

46.29.310    When courts to report nonpayment of judgments.

46.29.320    Further action with respect to nonresidents.

46.29.330    Suspension for nonpayment of judgments.

46.29.340    Exception in relation to government vehicles.

46.29.350    Exception when consent granted by judgment creditor.

46.29.360    Exception when insurer liable.

46.29.370    Suspension continues until judgments paid and proof given.

46.29.390    Payments sufficient to satisfy requirements.

46.29.400    Installment payment of judgments – Default.

46.29.410    Action if breach of agreement.

46.29.420    Proof required in addition to deposit of security after accident.

46.29.430    Additional proof required – Suspension or revocation for failure to give proof.

46.29.440    Additional proof required – Suspension to continue until proof given and maintained.

46.29.450    Alternate methods of giving proof.

46.29.460    Certificate of insurance as proof.

46.29.470    Certificate furnished by nonresident as proof.

46.29.480    Default by nonresident insurer.

46.29.490    “Motor vehicle liability policy” defined.

46.29.500    Notice of cancellation or termination of certified policy.

46.29.510    Chapter not to affect other policies.

46.29.520    Bond as proof.

46.29.530    When bond constitutes a lien.

46.29.540    Action on bond.

46.29.550    Money or securities as proof.

46.29.560    Application of deposit.

46.29.570    Owner may give proof for others.

46.29.580    Substitution of proof.

46.29.590    Other proof required, when.

46.29.600    Duration of proof – When proof may be canceled or returned.

Violations

46.29.605    Suspension of registration, notice – Surrender of license plates – Penalties.

46.29.610    Surrender of license – Penalty.

46.29.620    Forged proof – Penalty.

Miscellaneous

46.29.630    Self-insurers.

46.29.640    Chapter not to prevent other process.

46.29.900    Construction – 1963 c 169.

46.29.910    Severability – 1963 c 169.

46.29.920    Repeals and saving.

Chapter 46.30 RCW
Mandatory Liability Insurance

46.30.010    Legislative intent.

46.30.020    Liability insurance or other financial responsibility required – Violations – Exceptions.

46.30.030    Insurance identification card.

46.30.040    Providing false evidence of financial responsibility – Penalty.

46.30.900    Severability – 1989 c 353.

46.30.901    Effective date – 1989 c 353.

Chapter 46.32 RCW
Vehicle Inspection

46.32.005    Definitions.

46.32.010    Buses and drivers – Inspection authorized – Stations – Duties of state patrol – Penalties.

46.32.020    Rules – Supplies – Assistants.

46.32.040    Frequency of inspection – Inspection free.

46.32.050    Prohibited practices – Penalty.

46.32.060    Moving defective vehicle unlawful – Impounding authorized.

46.32.070    Inspection of damaged vehicle.

46.32.080    Commercial vehicle safety enforcement.

46.32.090    Fees.

46.32.100    Violations – Penalties.

46.32.110    Controlled substances, alcohol.

Chapter 46.37 RCW
Vehicle Lighting and Other Equipment

46.37.005    State patrol – Additional powers and duties.

46.37.010    Scope and effect of regulations – General penalty.

46.37.020    When lighted lamps and signaling devices are required.

46.37.030    Visibility distance and mounted height of lamps.

46.37.040    Head lamps on motor vehicles.

46.37.050    Tail lamps.

46.37.060    Reflectors.

46.37.070    Stop lamps and turn signals required.

46.37.080    Application of succeeding sections.

46.37.090    Additional equipment required on certain vehicles.

46.37.100    Color of clearance lamps, side marker lamps, back-up lamps, and reflectors.

46.37.110    Mounting of reflectors, clearance lamps, identification lamps, and side marker lamps.

46.37.120    Visibility of reflectors, clearance lamps, identification lamps, and side marker lamps.

46.37.130    Obstructed lights not required.

46.37.140    Lamps, reflectors, and flags on projecting load.

46.37.150    Lamps on vehicles – Parked or stopped vehicles, lighting requirements.

46.37.160    Hazard warning lights and reflectors on farm equipment – Slow-moving vehicle emblem.

46.37.170    Lamps and reflectors on other vehicles and equipment – Slow-moving vehicle emblem on animal-drawn vehicles.

46.37.180    Spot lamps and auxiliary lamps.

46.37.184    Red flashing lights on fire department vehicles.

46.37.185    Green light on firemen’s private cars.

46.37.186    Fire department sign or plate on private car.

46.37.187    Green light, sign or plate – Identification card required.

46.37.188    Penalty for violation of RCW 46.37.184 through 46.37.188.

46.37.190    Warning devices on vehicles – Other drivers yield and stop.

46.37.191    Implementing rules.

46.37.193    Signs on buses.

46.37.194    Authorized emergency vehicles – Rules, tests, approval by state patrol.

46.37.195    Sale of emergency vehicle lighting equipment restricted.

46.37.196    Red lights on emergency tow trucks.

46.37.200    Stop lamps and electric turn signals.

46.37.210    Additional lighting equipment.

46.37.215    Hazard warning lamps.

46.37.220    Multiple-beam road-lighting equipment.

46.37.230    Use of multiple-beam road-lighting equipment.

46.37.240    Single-beam road-lighting equipment.

46.37.260    Alternate road lighting equipment.

46.37.270    Number of lamps required – Number of additional lamps permitted.

46.37.280    Special restrictions on lamps.

46.37.290    Special lighting equipment on school buses and private carrier buses.

46.37.300    Standards for lights on snow-removal or highway maintenance and service equipment.

46.37.310    Selling or using lamps or equipment.

46.37.320    Authority of state patrol regarding lighting devices or other safety equipment.

46.37.330    Revocation of certificate of approval on devices – Reapproval, conditions.

46.37.340    Braking equipment required.

46.37.351    Performance ability of brakes.

46.37.360    Maintenance of brakes – Brake system failure indicator.

46.37.365    Hydraulic brake fluid – Defined – Standards and specifications.

46.37.369    Wheels and front suspension.

46.37.375    Steering and suspension systems.

46.37.380    Horns, warning devices, and theft alarms.

46.37.390    Mufflers, prevention of noise – Smoke and air contaminants – Standards – Definitions.

46.37.400    Mirrors, backup devices.

46.37.410    Windshields required, exception – Must be unobstructed and equipped with wipers.

46.37.420    Tires – Restrictions.

46.37.4215    Lightweight studs – Certification by sellers.

46.37.4216    Lightweight studs – Sale of tires containing.

46.37.423    Pneumatic passenger car tires – Standards – Exception for off-highway use – Penalty.

46.37.424    Regrooved tires – Standards – Exception for off-highway use – Penalty.

46.37.425    Tires – Unsafe – State patrol’s authority – Penalty.

46.37.430    Safety glazing – Sunscreening or coloring.

46.37.435    Sunscreening, unlawful installation, penalty.

46.37.440    Flares or other warning devices required on certain vehicles.

46.37.450    Disabled vehicle – Display of warning devices.

46.37.465    Fuel system.

46.37.467    Alternative fuel source – Placard required.

46.37.470    Air-conditioning equipment.

46.37.480    Television viewers – Earphones.

46.37.490    Safety load chains and devices required.

46.37.495    Safety chains for towing.

46.37.500    Fenders or splash aprons.

46.37.505    Child passenger restraint systems.

46.37.510    Seat belts and shoulder harnesses.

46.37.513    Bumpers.

46.37.517    Body and body hardware.

46.37.518    Street rods and kit vehicles.

46.37.520    Beach vehicles with soft tires – “Dune buggies” – Inspection and approval required – Fee.

46.37.522    Motorcycles and motor-driven cycles – When head lamps and tail lamps to be lighted.

46.37.523    Motorcycles and motor-driven cycles – Head lamps.

46.37.524    Motor-driven cycles – Head lamps.

46.37.525    Motorcycles and motor-driven cycles – Tail lamps, reflectors, and stop lamps.

46.37.527    Motorcycles and motor-driven cycles – Brake requirements.

46.37.528    Motorcycles and motor-driven cycles – Performance ability of brakes.

46.37.529    Motor-driven cycles – Braking system inspection.

46.37.530    Motorcycles, motor-driven cycles, mopeds, electric-assisted bicycles – Helmets, other equipment – Children – Rules.

46.37.535    Motorcycles, motor-driven cycles, or mopeds – Helmet requirements when rented.

46.37.537    Motorcycles – Exhaust system.

46.37.539    Motorcycles and motor-driven cycles – Additional requirements and limitations.

46.37.540    Odometers – Disconnecting, resetting, or turning back prohibited.

46.37.550    Odometers – Selling motor vehicle knowing odometer turned back unlawful.

46.37.560    Odometers – Selling motor vehicle knowing odometer replaced unlawful.

46.37.570    Odometers – Selling, advertising, using, or installing device registering false mileage.

46.37.590    Odometers – Purchaser plaintiff to recover costs and attorney’s fee, when.

46.37.600    Liability of operator, owner, lessee for violations.

46.37.610    Wheelchair conveyance standards.

46.37.620    School buses – Crossing arms.

46.37.630    Private school buses.

Chapter 46.44 RCW
Size, Weight, Load

46.44.010    Outside width limit.

46.44.015    Tow truck exemptions.

46.44.020    Maximum height – Impaired clearance signs.

46.44.030    Maximum lengths.

46.44.034    Maximum lengths – Front and rear protrusions.

46.44.036    Combination of units – Limitation.

46.44.037    Combination of units – Lawful operations.

46.44.038    Size and combinations restrictions – Special permits to exceed authorized.

46.44.041    Maximum gross weights – Wheelbase and axle factors.

46.44.042    Maximum gross weights – Axle and tire factors.

46.44.043    Cement trucks – Axle loading controls.

46.44.047    Excess weight – Logging trucks – Special permits – County or city permits – Fees – Discretion of arresting officer.

46.44.049    Effect of weight on highways – Study authorized.

46.44.050    Minimum length of wheelbase.

46.44.060    Outside load limits for passenger vehicles.

46.44.070    Drawbar requirements – Trailer whipping or weaving – Towing flag.

46.44.080    Local regulations – State highway regulations.

46.44.090    Special permits for oversize or overweight movements.

46.44.091    Special permits – Gross weight limit.

46.44.092    Special permits – Overall width limits, exceptions – Application for permit.

46.44.093    Special permits – Discretion of issuer – Conditions.

46.44.0941    Special permits – Fees.

46.44.095    Temporary additional tonnage permits – Fees.

46.44.096    Special permits – Determining fee – To whom paid.

46.44.098    Increase in federal limits on sizes and weights – Increases by commission.

46.44.105    Enforcement procedures – Penalties – Rules.

46.44.110    Liability for damage to highways, bridges, etc.

46.44.120    Liability of owner, others, for violations.

46.44.130    Farm implements – Gross weight and size limitation exception – Penalty.

46.44.140    Farm implements – Special permits – Penalty.

46.44.150    Highway improvement vehicles – Gross weight limit excesses authorized – Limitations.

46.44.170    Mobile home movement special permit and decal – Certification of taxes paid – License plates – Rules.

46.44.173    Notice to treasurer and assessor of county where mobile home to be located.

46.44.175    Penalties – Hearing.

46.44.180    Operation of mobile home pilot vehicle without insurance unlawful – Amounts – Exception – Penalty.

Chapter 46.48 RCW
Transportation of Hazardous Materials

46.48.170    State patrol authority – Rules and regulations.

46.48.175    Rules – Penalties – Responsibility for compliance.

46.48.180    State patrol study to insure uniformity of regulations.

46.48.185    Inspections.

46.48.200    Radioactive waste – Additional ports of entry.

Chapter 46.52 RCW
Accidents – Reports – Abandoned Vehicles

46.52.010    Duty on striking unattended car or other property – Penalty.

46.52.020    Duty in case of injury to or death of person or damage to attended vehicle or other property – Penalties.

46.52.030    Accident reports.

46.52.035    Accident reports – Suspension of license or permit for failure to make report.

46.52.040    Accident reports – Report when operator disabled.

46.52.050    Coroner’s reports to sheriff and state patrol.

46.52.060    Tabulation and analysis of reports – Availability for use.

46.52.065    Blood samples to state toxicologist – Analysis – Availability, admissibility of reports.

46.52.070    Police officer’s report.

46.52.080    Confidentiality of reports – Information required to be disclosed – Evidence.

46.52.083    Confidentiality of reports – Availability of factual data to interested parties.

46.52.085    Confidentiality of reports – Fee for written information.

46.52.088    Reports – False information.

46.52.090    Reports of major repairs, etc. – Violations, penalties – Rules – Exceptions for older vehicles.

46.52.100    Record of traffic charges – Reports of court – District court venue – Driving under influence of liquor or drugs.

46.52.101    Records of traffic charges, dispositions.

46.52.120    Case record of convictions and infractions – Cross-reference to accident reports.

46.52.130    Abstract of driving record – Access – Fees – Penalty.

46.52.190    Abandoned vehicles or hulks – Impoundment – Notification – Hearing – Liability for charges – Nonpayment penalty.

Chapter 46.55 RCW
Towing and Impoundment

(Formerly: Abandoned, unauthorized, and junk vehicles – Tow truck operators)

46.55.010    Definitions.

Tow Truck Operators – Registration Requirements

46.55.020    Registration required – Penalty.

46.55.025    Registration or insurance required – Penalty.

46.55.030    Application – Contents, bond, insurance, fee, certificate.

46.55.035    Prohibited acts – Penalty.

46.55.037    Compensation for private impounds.

46.55.040    Permit required – Inspections of equipment and facilities.

46.55.050    Classification of trucks – Marking requirements – Time and place of inspection – Penalty.

46.55.060    Business location – Requirements.

46.55.063    Fees, schedules, contracts, invoices.

Impounding Unauthorized Vehicles

46.55.070    Posting requirements – Exception.

46.55.075    Law enforcement impound – Required form.

46.55.080    Law enforcement impound, private impound – Master log – Certain associations restricted.

46.55.085    Law enforcement impound – Unauthorized vehicle in right of way.

46.55.090    Storage, return requirements – Personal property – Combination endorsement for tow truck drivers – Viewing impounded vehicle.

46.55.100    Impound notice – Abandoned vehicle report – Owner information – Disposition report.

46.55.105    Responsibility of registered owner.

46.55.110    Notice to legal and registered owners.

46.55.113    Removal by police officer.

46.55.115    State patrol – Appointment of towing operators – Lien for costs – Appeal.

Redemption Rights and Hearing Procedures

46.55.120    Redemption of vehicles – Sale of unredeemed property – Improper impoundment.

46.55.130    Notice requirements – Public auction – Accumulation of storage charges.

46.55.140    Operator’s lien, deficiency claim, liability.

Records, Inspections, and Enforcement

46.55.150    Vehicle transaction file.

46.55.160    Availability of records, equipment, and facilities for audit and inspection.

46.55.170    Complaints, where forwarded.

46.55.180    Presiding officer at licensing hearing.

46.55.190    Rules.

46.55.200    Penalties for certain acts or omissions.

46.55.210    Cease and desist order.

46.55.220    Refusal to issue license, grounds for.

Junk Vehicle Disposition

46.55.230    Junk vehicles – Removal, disposal, sale – Penalties – Cleanup restitution payment.

Local Regulation

46.55.240    Local ordinances – Requirements.

Miscellaneous

46.55.900    Severability – 1985 c 377.

46.55.901    Headings not part of law – 1985 c 377.

46.55.902    Effective date – 1985 c 377.

46.55.910    Chapter not applicable to certain activities of department of transportation.

Chapter 46.61 RCW
Rules of the Road

Obedience to and Effect of Traffic Laws

46.61.005    Chapter refers to vehicles upon highways – Exceptions.

46.61.015    Obedience to police officers, flaggers, or fire fighters – Penalty.

46.61.020    Refusal to give information to or cooperate with officer – Penalty.

46.61.021    Duty to obey law enforcement officer – Authority of officer.

46.61.022    Failure to obey officer – Penalty.

46.61.024    Attempting to elude pursuing police vehicle – License revocation.

46.61.025    Persons riding animals or driving animal-drawn vehicles.

46.61.030    Persons working on highway right of way – Exceptions.

46.61.035    Authorized emergency vehicles.

Traffic Signs, Signals, and Markings

46.61.050    Obedience to and required traffic control devices.

46.61.055    Traffic control signal legend.

46.61.060    Pedestrian control signals.

46.61.065    Flashing signals.

46.61.070    Lane-direction-control signals.

46.61.072    Special traffic control signals – Legend.

46.61.075    Display of unauthorized signs, signals, or markings.

46.61.080    Interference with official traffic-control devices or railroad signs or signals.

46.61.085    Traffic control signals or devices upon city streets forming part of state highways – Approval by department of transportation.

Driving on Right Side of Roadway – Overtaking and Passing – Use of Roadway

46.61.100    Keep right except when passing, etc.

46.61.105    Passing vehicles proceeding in opposite directions.

46.61.110    Overtaking a vehicle on the left.

46.61.115    When overtaking on the right is permitted.

46.61.120    Limitations on overtaking on the left.

46.61.125    Further limitations on driving to left of center of roadway.

46.61.130    No-passing zones.

46.61.135    One-way roadways and rotary traffic islands.

46.61.140    Driving on roadways laned for traffic.

46.61.145    Following too closely.

46.61.150    Driving on divided highways.

46.61.155    Restricted access.

46.61.160    Restrictions on limited-access highway – Use by bicyclists.

46.61.165    High-occupancy vehicle lanes.

Right of Way

46.61.180    Vehicle approaching intersection.

46.61.183    Nonfunctioning signal lights.

46.61.185    Vehicle turning left.

46.61.190    Vehicle entering stop or yield intersection.

46.61.195    Arterial highways designated – Stopping on entering.

46.61.200    Stop intersections other than arterial may be designated.

46.61.202    Stopping when traffic obstructed.

46.61.205    Vehicle entering highway from private road or driveway.

46.61.210    Operation of vehicles on approach of emergency vehicles.

46.61.215    Highway construction and maintenance.

46.61.220    Transit vehicles.

Pedestrians’ Rights and Duties

46.61.230    Pedestrians subject to traffic regulations.

46.61.235    Crosswalks.

46.61.240    Crossing at other than crosswalks.

46.61.245    Drivers to exercise care.

46.61.250    Pedestrians on roadways.

46.61.255    Pedestrians soliciting rides or business.

46.61.260    Driving through safety zone prohibited.

46.61.261    Sidewalks, crosswalks – Pedestrians, bicycles.

46.61.264    Pedestrians yield to emergency vehicles.

46.61.266    Pedestrians under the influence of alcohol or drugs.

46.61.269    Passing beyond bridge or grade crossing barrier prohibited.

Turning and Starting and Signals on Stopping and Turning

46.61.290    Required position and method of turning at intersections.

46.61.295    “U” turns.

46.61.300    Starting parked vehicle.

46.61.305    When signals required – Improper use prohibited.

46.61.310    Signals by hand and arm or signal lamps.

46.61.315    Method of giving hand and arm signals.

Special Stops Required

46.61.340    Approaching train signal.

46.61.345    All vehicles must stop at certain railroad grade crossings.

46.61.350    Certain vehicles must stop at all railroad grade crossings – Exceptions.

46.61.355    Moving heavy equipment at railroad grade crossings – Notice of intended crossing.

46.61.365    Emerging from alley, driveway, or building.

46.61.370    Overtaking or meeting school bus – Duties of bus driver.

46.61.371    School bus stop sign violators – Identification by vehicle owner.

46.61.372    School bus stop sign violators – Report by bus driver – Law enforcement investigation.

46.61.375    Overtaking or meeting private carrier bus – Duties of bus driver.

46.61.380    Rules for design, marking, and mode of operating school buses.

46.61.385    School patrol – Appointment – Authority – Finance – Insurance.

Speed Restrictions

46.61.400    Basic rule and maximum limits.

46.61.405    Decreases by secretary of transportation.

46.61.410    Increases by secretary of transportation – Maximum speed limit for trucks – Auto stages – Signs and notices.

46.61.415    When local authorities may alter maximum limits.

46.61.425    Minimum speed regulation – Passing slow moving vehicle.

46.61.427    Slow-moving vehicle to pull off roadway.

46.61.428    Slow-moving vehicle driving on shoulders, when.

46.61.430    Authority of secretary of transportation to fix speed limits on limited access facilities exclusive – Local regulations.

46.61.435    Local authorities to provide “stop” or “yield” signs at intersections with increased speed highways – Designated as arterials.

46.61.440    Maximum speed limit when passing school or playground crosswalks – Penalty, disposition of proceeds.

46.61.445    Due care required.

46.61.450    Maximum speed, weight, or size in traversing bridges, elevated structures, tunnels, underpasses – Posting limits.

46.61.455    Vehicles with solid or hollow cushion tires.

46.61.460    Special speed limitation on motor-driven cycle.

46.61.465    Exceeding speed limit evidence of reckless driving.

46.61.470    Speed traps defined, certain types permitted – Measured courses, speed measuring devices, timing from aircraft.

Reckless Driving, Driving under the Influence, Vehicular Homicide and Assault

46.61.500    Reckless driving – Penalty.

46.61.502    Driving under the influence.

46.61.503    Driver under twenty-one consuming alcohol – Penalties.

46.61.504    Physical control of vehicle under the influence.

46.61.5054    Alcohol violators – Additional fee – Distribution.

46.61.5055    Alcohol violators – Penalty schedule.

46.61.5056    Alcohol violators – Information school – Evaluation and treatment.

46.61.50571    Alcohol violators – Mandatory appearances.

46.61.5058    Alcohol violators – Vehicle seizure and forfeiture.

46.61.506    Persons under influence of intoxicating liquor or drug – Evidence – Tests – Information concerning tests.

46.61.508    Liability of medical personnel withdrawing blood.

46.61.513    Criminal history and driving record.

46.61.5151    Sentences – Intermittent fulfillment – Restrictions.

46.61.5152    Attendance at program focusing on victims.

46.61.516    Qualified probation department defined.

46.61.517    Refusal of alcohol test – Admissibility as evidence.

46.61.519    Alcoholic beverages – Drinking or open container in vehicle on highway – Exceptions.

46.61.5191    Local ordinances not prohibited.

46.61.5195    Disguising alcoholic beverage container.

46.61.520    Vehicular homicide – Penalty.

46.61.522    Vehicular assault – Penalty.

46.61.524    Vehicular homicide, assault – Evaluation, treatment of drug or alcohol problem.

46.61.5249    Negligent driving – First degree.

46.61.525    Negligent driving – Second degree.

46.61.527    Roadway construction zones.

46.61.530    Racing of vehicles on highways – Reckless driving – Exception.

46.61.535    Advertising of unlawful speed – Reckless driving.

46.61.540    “Drugs,” what included.

Stopping, Standing, and Parking

46.61.560    Stopping, standing, or parking outside business or residence districts.

46.61.570    Stopping, standing, or parking prohibited in specified places – Reserving portion of highway prohibited.

46.61.575    Additional parking regulations.

46.61.577    Regulations governing parking facilities.

46.61.581    Disabled persons’ parking spaces – Indication, access – Failure, penalty.

46.61.582    Free parking by disabled persons.

46.61.583    Special plate or card issued by another jurisdiction.

46.61.585    Winter recreational parking areas – Special permit required.

46.61.587    Winter recreational parking areas – Penalty.

46.61.590    Unattended motor vehicle – Removal from highway.

Miscellaneous Rules

46.61.600    Unattended motor vehicle.

46.61.605    Limitations on backing.

46.61.606    Driving on sidewalk prohibited – Exception.

46.61.608    Operating motorcycles on roadways laned for traffic.

46.61.610    Riding on motorcycles.

46.61.611    Motorcycles – Maximum height for handlebars.

46.61.612    Riding on motorcycles – Position of feet.

46.61.613    Motorcycles – Temporary suspension of restrictions for parades or public demonstrations.

46.61.614    Riding on motorcycles – Clinging to other vehicles.

46.61.615    Obstructions to driver’s view or driving mechanism.

46.61.620    Opening and closing vehicle doors.

46.61.625    Riding in trailers or towed vehicles.

46.61.630    Coasting prohibited.

46.61.635    Following fire apparatus prohibited.

46.61.640    Crossing fire hose.

46.61.645    Throwing dangerous materials on highway prohibited – Removal.

46.61.655    Dropping load, other materials – Covering.

46.61.660    Carrying persons or animals on outside part of vehicle.

46.61.665    Embracing another while driving.

46.61.670    Driving with wheels off roadway.

46.61.675    Causing or permitting vehicle to be unlawfully operated.

46.61.680    Lowering passenger vehicle below legal clearance – Penalty.

46.61.685    Leaving children unattended in standing vehicle with motor running – Penalty.

46.61.687    Child passenger restraint required – Conditions – Exceptions – Penalty for violation – Dismissal – Noncompliance not negligence.

46.61.688    Safety belts, use required – Penalties – Exemptions.

46.61.6885    Child restraints, seatbelts – Educational campaign.

46.61.690    Violations relating to toll facilities.

46.61.700    Parent or guardian shall not authorize or permit violation by a child or ward.

46.61.710    Mopeds, electric-assisted bicycles – General requirements and operation.

46.61.720    Mopeds – Safety standards.

46.61.730    Wheelchair conveyances.

Operation of Nonmotorized Vehicles

46.61.750    Effect of regulations – Penalty.

46.61.755    Traffic laws apply to persons riding bicycles.

46.61.758    Hand signals.

46.61.760    Riding on bicycles.

46.61.765    Clinging to vehicles.

46.61.770    Riding on roadways and bicycle paths.

46.61.775    Carrying articles.

46.61.780    Lamps and other equipment on bicycles.

46.61.790    Intoxicated bicyclists.

46.61.990    Recodification of sections – Organization of chapter – Construction.

46.61.991    Severability – 1965 ex.s. c 155.

Chapter 46.63 RCW
Disposition of Traffic Infractions

46.63.010    Legislative intent.

46.63.020    Violations as traffic infractions – Exceptions.

46.63.030    Notice of traffic infraction – Issuance – Abandoned vehicles.

46.63.040    Jurisdiction of courts – Jurisdiction of college and university governing bodies.

46.63.050    Training of judicial officers.

46.63.060    Notice of traffic infraction – Determination final unless contested – Form.

46.63.070    Response to notice – Contesting determination – Hearing – Failure to respond or appear.

46.63.080    Hearings – Rules of procedure – Counsel.

46.63.090    Hearings – Contesting determination that infraction committed – Appeal.

46.63.100    Hearings – Explanation of mitigating circumstances.

46.63.110    Monetary penalties.

46.63.120    Order of court – Civil nature – Waiver, reduction, suspension of penalty – Community service.

46.63.130    Issue of process by court of limited jurisdiction.

46.63.140    Presumption regarding stopped, standing, or parked vehicles.

46.63.151    Costs and attorney fees.

Chapter 46.64 RCW
Enforcement

46.64.010    Traffic citations – Record of – Cancellation prohibited – Penalty – Citation audit.

46.64.015    Citation and notice to appear in court – Issuance – Contents – Written promise – Arrest – Detention.

46.64.018    Arrest without warrant for certain traffic offenses.

46.64.025    Failure to appear – Notice to department.

46.64.030    Procedure governing arrest and prosecution.

46.64.035    Posting of security or bail by nonresident – Penalty.

46.64.040    Nonresident’s use of highways – Resident leaving state – Secretary of state as attorney in fact.

46.64.048    Attempting, aiding, abetting, coercing, committing violations, punishable.

46.64.050    General penalty.

46.64.060    Stopping motor vehicles for driver’s license check, vehicle inspection and test – Purpose.

46.64.070    Stopping motor vehicles for driver’s license check, vehicle inspection and test – Authorized – Powers additional.

Chapter 46.79 RCW
Hulk Haulers and Scrap Processors

46.79.010    Definitions.

46.79.020    Transporting junk vehicles to scrap processor – Removal of parts, restrictions.

46.79.030    Application for license, renewal – Form – Signature – Contents.

46.79.040    Application forwarded with fees – Issuance of license – Disposition of fees – Display of license.

46.79.050    License expiration – Renewal fee – Surrender of license, when.

46.79.055    Staggering renewal periods.

46.79.060    Special license plates – Fee.

46.79.070    Acts subject to penalties.

46.79.080    Rules.

46.79.090    Inspection of premises and records – Certificate of inspection.

46.79.100    Other provisions to comply with chapter.

46.79.110    Chapter not to prohibit individual towing of vehicles to wreckers or processors.

46.79.120    Unlicensed hulk hauling or scrap processing – Penalty.

46.79.130    Wholesale motor vehicle auction dealers.

Chapter 46.80 RCW
Vehicle Wreckers

(Formerly: Motor vehicle wreckers)

46.80.005    Legislative declaration.

46.80.010    Definitions.

46.80.020    License required – Penalty.

46.80.030    Application for license – Contents.

46.80.040    Issuance of license – Fee.

46.80.050    Expiration, renewal – Fee.

46.80.060    License plates – Fee – Display.

46.80.070    Bond.

46.80.080    Records – Penalty.

46.80.090    Reports to department – Evidence of ownership.

46.80.100    Cancellation of bond.

46.80.110    License penalties, civil fines, criminal penalties.

46.80.121    False or unqualified applications.

46.80.130    All storage at place of business – Screening required – Penalty.

46.80.140    Rules.

46.80.150    Inspection of licensed premises and records.

46.80.160    Municipal compliance.

46.80.170    Violations – Penalties.

46.80.180    Cease and desist orders – Fines.

46.80.190    Subpoenas.

46.80.200    Wholesale motor vehicle auction dealers.

46.80.900    Liberal construction.

Chapter 47.36 RCW
Traffic Control Devices

47.36.005    Definitions.

47.36.010    Restoration of United States survey markers.

47.36.020    Traffic control signals.

47.36.030    Traffic control devices – Specifications to be furnished to counties and cities.

47.36.040    Furnished by department, paid for by counties and cities.

47.36.050    Duty to erect traffic devices on state highways and railroad crossings.

47.36.053    General duty to place and maintain traffic devices on state highways and railroad crossings.

47.36.060    Traffic devices on county roads and city streets.

47.36.070    Failure to erect signs, procedure.

47.36.080    Signs at railroad crossings.

47.36.090    Cooperation with United States on road markers.

47.36.095    Highway designation system – Signs.

47.36.097    Highway designation system – Filing.

47.36.100    Directional, caution, and stop signs.

47.36.110    Stop signs, “Yield” signs – Duties of persons using highway.

47.36.120    City limit signs.

47.36.130    Meddling with signs prohibited.

47.36.180    Forbidden devices – Penalty.

47.36.200    Signs or flagmen at thoroughfare work sites.

47.36.210    Signs or flaggers – Contractor compliance.

47.36.220    Signs or flaggers – Obedience by work vehicles.

47.36.230    Signs or flaggers – Penalty.

47.36.250    Dangerous road conditions requiring special tires, chains, or traction equipment – Signs or devices – Penalty.

47.36.260    Signs indicating proper lane usage.

47.36.270    Regional shopping center directional signs.

47.36.280    Pavement marking standards.

47.36.290    State park directional signs.

47.36.300    Supplemental directional signs – Erection by local governments.

47.36.310    Motorist information signs – Interstate highways – Contents, placement, fees.

47.36.320    Motorist information signs, tourist-oriented directional signs – Primary and scenic roads – Contents, placement, fees.

47.36.330    Motorist information signs – Maximum number and distance.

47.36.340    Motorist information signs – Lodging.

47.36.350    Motorist information signs – Installation time.

47.36.400    Adopt-a-highway signs.

Chapter 47.52 RCW
Limited Access Facilities

47.52.001    Declaration of policy.

47.52.010    “Limited access facility” defined.

47.52.011    “Existing highway” defined.

47.52.020    Powers of highway authorities – State facility, county road crossings.

47.52.025    Additional powers – Controlling use of limited access facilities – High-occupancy vehicle lanes.

47.52.026    Rules – Control of vehicles entering – Ramp closure, metering, or restrictions – Notice.

47.52.027    Standards and rules for interstate and defense highways – Construction, maintenance, access.

47.52.040    Design – Entrance and exit restricted – Closure of intersecting roads.

47.52.041    Closure of intersecting roads – Rights of abutters.

47.52.042    Closure of intersecting roads – Other provisions not affected.

47.52.050    Acquisition of property.

47.52.060    Court process expedited.

47.52.070    Establishment of facility – Grade separation – Service roads.

47.52.080    Abutter’s right of access protected – Compensation.

47.52.090    Cooperative agreements – Urban public transportation systems – Title to highway – Traffic regulations – Underground utilities and overcrossings – Passenger transportation – Storm sewers – City street crossings.

47.52.100    Existing roads and streets as service roads.

47.52.105    Acquisition and construction to preserve limited access or reduce required compensation.

47.52.110    Marking of facility with signs.

47.52.120    Violations specified – Exceptions – Penalty.

47.52.121    Prior determinations validated.

47.52.131    Consideration of local conditions – Report to local authorities – Conferences – Proposed plan.

47.52.133    Local public hearing – Notices.

47.52.134    When access reports and hearings not required.

47.52.135    Hearing procedure.

47.52.137    Adoption of plan – Service of findings and order – Publication of resume – Finality – Review.

47.52.139    Local approval of plan – Disapproval, request for review.

47.52.145    Modification of adopted plan without further public hearings, when.

47.52.150    State facility through city or town – Board of review, composition and appointment.

47.52.160    State facility through city or town – Hearing – Notice – Evidence – Determination of issues.

47.52.170    State facility through city or town – Hearing – Procedure.

47.52.180    State facility through city or town – Hearing – Findings of board – Modification of proposed plan by stipulation.

47.52.190    State facility through city or town – Hearing – Assistants – Costs – Reporter.

47.52.195    Review and appeal on petition of abutter.

47.52.200    Law enforcement jurisdiction within city or town.

47.52.210    State facility within city or town – Title to city or town streets incorporated therein.

Chapter 66.44 RCW
Enforcement – Penalties

66.44.010    Local officers to enforce law – Authority of board – Liquor enforcement officers.

66.44.040    Sufficiency of description of offenses in complaints, informations, process, etc.

66.44.050    Description of offense in words of statutes – Proof required.

66.44.060    Proof of unlawful sale establishes prima facie intent.

66.44.070    Certified analysis is prima facie evidence of alcoholic content.

66.44.080    Service of process on corporation.

66.44.090    Acting without license.

66.44.100    Opening or consuming liquor in public place – Penalty.

66.44.120    Unlawful use of seal.

66.44.130    Sales of liquor by drink or bottle.

66.44.140    Unlawful sale, transportation of spirituous liquor without stamp or seal – Unlawful operation, possession of still or mash.

66.44.150    Buying liquor illegally.

66.44.160    Illegal possession, transportation of alcoholic beverages.

66.44.170    Illegal possession of liquor with intent to sell – Prima facie evidence, what is.

66.44.175    Violations of law.

66.44.180    General penalties – Jurisdiction for violations.

66.44.190    Sales on university grounds prohibited – Exceptions.

66.44.200    Sales to persons apparently under the influence of liquor – Purchases or consumption by persons apparently under the influence of liquor on licensed premises – Penalty – Notice – Separation of actions.

66.44.210    Obtaining liquor for ineligible person.

66.44.240    Drinking in public conveyance – Penalty against carrier – Exception.

66.44.250    Drinking in public conveyance – Penalty against individual – Restricted application.

66.44.265    Candidates giving or purchasing liquor on election day prohibited.

66.44.270    Furnishing liquor to minors – Possession, use – Penalties – Exhibition of effects – Exceptions.

66.44.280    Minor applying for permit.

66.44.290    Minor purchasing or attempting to purchase liquor.

66.44.291    Minor purchasing or attempting to purchase liquor – Penalty against persons between ages of eighteen and twenty, inclusive.

66.44.292    Sales to minors by licensee or employee – Board notification to prosecuting attorney to formulate charges against minors.

66.44.300    Treats, gifts, purchases of liquor for or from minor, or holding out minor as at least twenty-one, in public place where liquor sold.

66.44.310    Minors frequenting off-limits area – Misrepresentation of age – Penalty – Classification of licensees.

66.44.316    Certain persons eighteen years and over permitted to enter and remain upon licensed premises during employment.

66.44.318    Employees aged eighteen to twenty-one stocking, merchandising, and handling beer and wine.

66.44.325    Unlawful transfer to a minor of an identification of age.

66.44.328    Preparation or acquisition and supply to persons under age twenty-one of facsimile of official identification card – Penalty.

66.44.330    Prosecutions to be reported by prosecuting attorney and police court.

66.44.340    Employees eighteen years and over allowed to sell and handle beer and wine for certain licensed employers.

66.44.350    Employees eighteen years and over allowed to serve and carry liquor, clean up, etc., for certain licensed employers.

66.44.365    Juvenile driving privileges – Alcohol or drug violations.

66.44.370    Resisting or opposing officers in enforcement of title.

66.44.800    Compliance by Washington wine commission.

Chapter 70.84 RCW
Blind, Handicapped, and Disabled Persons – “White Cane Law”

70.84.010    Declaration – Policy.

70.84.020    “Dog guide” defined.

70.84.021    “Service animal” defined.

70.84.040    Precautions for drivers of motor vehicles approaching pedestrian who is using a white cane, dog guide, or service animal.

70.84.050    Handicapped pedestrians not carrying white cane or using dog guide – Rights and privileges.

70.84.060    Unauthorized use of white cane, dog guide, or service animal.

70.84.070    Penalty for violations.

70.84.080    Employment of blind or other handicapped persons in public service.

70.84.900    Short title.

Chapter 70.93 RCW
Waste Reduction, Recycling, and Model Litter Control Act

(Formerly: Model litter control and recycling act)

70.93.010    Legislative findings.

70.93.020    Declaration of purpose.

70.93.030    Definitions.

70.93.040    Administrative procedure act – Application to chapter.

70.93.050    Enforcement of chapter.

70.93.060    Littering prohibited – Penalties – Litter cleanup restitution payment.

70.93.070    Collection of fines and forfeitures.

70.93.080    Notice to public – Contents of chapter – Required.

70.93.090    Litter receptacles – Use of anti-litter symbol – Distribution – Placement – Violations – Penalties.

70.93.095    Marinas and airports – Recycling.

70.93.097    Transported waste must be covered or secured.

70.93.100    Litter bags – Design and distribution by department authorized – Violations – Penalties.

70.93.110    Removal of litter – Responsibility.

70.93.180    Waste reduction, recycling, and litter control account – Distribution.

70.93.200    Department of ecology – Administration of anti-litter and recycling programs – Guidelines – Report to legislature.

70.93.210    Waste reduction, anti-litter, and recycling campaign – Industrial cooperation requested.

70.93.220    Litter collection programs – Department of ecology – Coordinating agency – Use of funds – Reporting.

70.93.230    Violations of chapter – Penalties.

70.93.250    Community service litter cleanup programs – Grants (as amended by 1998 c 245).

70.93.250    Funding – Local units of government – Programs – Report to the legislature (as amended by 1998 c 257).

70.93.900    Severability – 1971 ex.s. c 307.

70.93.910    Alternative to Initiative 40 – Placement on ballot – Force and effect of chapter.

70.93.920    Severability – 1979 c 94.

(Ord. 2641 § 3, 2006; Ord. 2057 § 1, 1995)

11.02.006 Driving under the influence – Violations – Penalties.

Repealed by Ord. 2057.

11.02.007 Sections not adopted.

The following sections of the Model Traffic Ordinance are not adopted by reference and are expressly deleted: WAC 308-330-100, but only to the extent that it adopts RCW 46.04.197, and any other section that is in conflict with the definition of “highway” as defined in LMC 11.02.015. (Ord. 2057 § 2, 1995)

11.02.010 Amendment of adopted statutes.

The amendment, addition, or repeal by the Washington Legislature of any section or any of the adopted statutes set forth in this chapter shall be deemed to amend this chapter and the statutes contained in this chapter which are adopted by reference in conformity with the amendment, addition or repeal, and it shall not be necessary for the legislative authority of this city to take any action with respect to such addition, amendment or repeal as provided by RCW 35A.12.140. (Ord. 2164 § 16, 1997; Ord. 2139 § 1, 1997)

11.02.012 Statutory provisions – Sections not adopted.

Repealed by Ord. 1991.

11.02.014 State statutes adopted by reference.

Repealed by Ord. 1991.

11.02.015 Highway defined.

For the purposes of this title, “highway” means the entire width between the boundary lines of every way, lane, road, street, boulevard, parking lot and every location or place in the city whether publicly or privately maintained, when any part thereof is open at any time to the use of the public for vehicular travel. (Ord. 1942 § 2, 1993)

11.02.020 Warrant checks.

In addition to any other authority granted to law enforcement officers by any federal, state, or local law or regulation, law enforcement officers are authorized to search for outstanding warrants, and verify outstanding warrants upon making a stop, or upon making contact with a person, for a traffic infraction or nontraffic infraction. (Ord. 2153 § 1, 1997)

11.02.025 Certain statutes adopted by reference.

The following statutes are adopted by reference as and for a portion of the criminal ordinance and code of this city as if set forth in full herein, with the exception of the penalty provisions thereof which are superseded by the penalty provisions of this chapter as may be set forth in this chapter, and which are made applicable to these statutes. Any reference to felonies or classification of felonies shall refer to the statutes of the state of Washington for definition and prosecution.

RCW

46.12.160    Driving vehicle with plates canceled.

46.70.021    No dealer or salesman’s license.

46.70.140    Illegal use of dealer plates.

(Ord. 2164 § 17, 1997)

11.02.040 Traffic fines and forfeitures – Disposition.

Except as otherwise provided, 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. 862 § 5, 1976)

11.02.050 Traffic fines and forfeitures – Official misconduct prohibited.

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 said general fund, to comply with the provisions of LMC 11.02.040 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. 862 § 6, 1976)

11.02.051 Impoundment of vehicle when driver is arrested for a violation of RCW 46.61.502, 46.61.504, 46.20.342 or 46.20.420.

Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504 or of RCW 46.20.342 or 46.20.420, the vehicle is subject to impoundment at the direction of a police officer. The provision of RCW 46.55.120, together with any future amendments thereto, are adopted as the provisions and procedures of the city of Lynnwood governing such impoundments, with the exception of the provisions and hearing procedures in RCW 46.55.120(2)(b) and (3), to the extent they are superseded by the administrative hearing procedures of this chapter. (Ord. 2245 § 2, 1999)

11.02.053 Administrative hearing procedures.

A. The hearing specified in RCW 46.55.120(2) and (3) shall be conducted by an administrative hearings officer appointed by the chief of police. Any person seeking to redeem a vehicle impounded under LMC 11.02.051 may request a hearing before the administrative hearings officer to contest the validity of the impoundment or the amount of the removal, towing and storage charges. The hearing is waived unless the request for hearing is in writing, in a form approved by the chief of police and signed by such person, and is received by the chief of police within 10 calendar days (13 calendar days if the notice(s) concerning impoundment was mailed) of the earliest date the notice(s) concerning impoundment was delivered to such person by the police officer directing impoundment or the registered tow truck operator pursuant to RCW 46.55.120(2)(a). The timing and conditions of providing the requested hearing are as follows:

1. The hearing shall be held within two business days (excluding Saturdays, Sundays and holidays) of receipt by the chief of police of the written request for a hearing, unless the person seeking the hearing has previously redeemed the vehicle in which event the hearing shall be held within 90 days of such receipt of the hearing request.

2. Any person seeking a hearing who has failed to request such hearing within the time specified in subsection (A) of this section may petition the chief of police for an extension of time to file a request for hearing. Such extension shall only be granted upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed. For the purposes of this section, good cause shall be defined as circumstances beyond the control of the person seeking the hearing that prevented such person from filing a timely request for hearing. In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with this chapter.

3. If a person fails to file a timely request for hearing and no extension to file such a request has been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment are deemed to be proper, and the city shall not be liable for removal, towing, and storage charges arising from the impoundment.

4. In accordance with RCW 46.55.240 (1)(d), a decision made by an administrative hearings officer may be appealed to municipal court for final judgment. The hearing on the appeal under this subsection shall be de novo. A person appealing such a decision must file a request for an appeal in municipal court within 10 calendar days after the decision of the administrative hearings officer and must pay a filing fee in the same amount required for the filing of a suit in district court. If a person fails to file a request for an appeal within the time specified by this section or does not pay the filing fee, the right to an appeal is waived and the administrative hearings officer’s decision is final.

B. The hearing requested pursuant to subsection (A) of this section that is held by the administrative hearings officer shall be to determine whether the impoundment was proper and whether the associated removal, towing, and/or storage fees were proper. The hearing, and any appeal de novo of the hearing, shall be conducted in accordance with this chapter and RCW 46.55.120(3)(b), (3)(c), (3)(d) and (3)(e), as now or hereafter amended. (Ord. 2245 § 3, 1999)

11.02.055 Additional redemption and hearing procedures.

In addition to the provisions of LMC 11.02.053 and RCW 46.55.120, the following procedures shall apply to the redemption of impounded vehicles and the post-impoundment hearing procedures of the city of Lynnwood:

A. In addition to the requirements of RCW 46.55.120, a person redeeming a vehicle impounded pursuant to LMC 11.02.051 must establish that the driver who is to drive the vehicle away from the business location of the registered tow truck operator or other storage location has a valid driver’s license and valid liability insurance in compliance with RCW 46.30.020. A vehicle impounded because the operator is arrested for a violation of RCW 46.20.342 may be released only pursuant to a written order from the police department or the court.

B. The chief of police, or designee, is authorized to release a vehicle impounded because the operator is arrested for a violation of RCW 46.20.342 prior to the expiration of any period of impoundment upon petition of the spouse of the driver based on economic or personal hardship to such spouse resulting from the unavailability of the vehicle and after consideration of the threat to public safety that may result from release of the vehicle including, but not limited to, the driver’s criminal history, driving records, license status, and access to the vehicle. If such release is authorized, the requirements of RCW 46.55.120(1)(a) and (1)(b), and subsection (A) of this section, must still be satisfied before the vehicle may be released.

C. At a post-impoundment hearing, whether conducted by an administrative hearings officer or the municipal court, an abstract of the driver’s driving record is admissible without further evidentiary foundation and is prima facie evidence of the status of the driver’s license, permit, or privilege to drive and that the driver was convicted of each offense shown on the abstract. In addition, reasonably reliable evidence, which may include verbal and computerized checks of the records of the Washington State Department of Licensing and equivalent out-of-state licensing agencies, is admissible to establish the identity of the registered and legal owners of the vehicle and the licensing status of the vehicle’s driver. Further, at a hearing conducted by an administrative hearings officer, the hearings officer may consider written reports by the officer(s) who authorized or were involved in the impoundment and related incident.

D. No determination of facts made at a post-impoundment hearing, whether conducted by an administrative hearings officer or the municipal court, shall have any collateral estoppel effect on a subsequent criminal prosecution and such determination shall not preclude litigation of those same facts in a subsequent criminal prosecution. (Ord. 2245 § 4, 1999)

11.02.057 Rules and regulations.

The chief of police is authorized and directed to promulgate rules and regulations consistent with this chapter to provide for the fair and efficient administration of any vehicle impoundment, redemption or release or any impoundment hearing arising from an impoundment under LMC 11.02.051. (Ord. 2245 § 5, 1999)

11.02.059 Administrative fees.

If a vehicle is impounded pursuant to LMC 11.02.051, an administrative fee shall be levied when the vehicle is redeemed. The administrative fee shall be collected by the towing company performing the impound, and shall be remitted to the finance director in the manner directed by the finance director. The administrative fee shall be for the purpose of offsetting, to the extent practical, the cost to the city, of implementing, enforcing and administering the provisions of this chapter and shall be the amount of $50.00. (Ord. 2245 § 6, 1999)

11.02.060 Violation – Penalty.

Unless otherwise specifically provided for, any person who is convicted of failing to comply with any of the criminal provisions of this title shall be subject to the following penalties:

A. Gross Misdemeanors. The penalty provided by state law as now existing or hereafter amended for the same violation or type (degree) of violation. If no state law provides for such penalty then the penalty shall be a $5,000 fine or one year in jail, or both.

B. Misdemeanor. The penalty provided by state law as now existing or hereafter amended for the same violation or type (degree) of violation. If no state law provides for such penalty then the penalty shall be a $1,000 fine or 90 days in jail, or both.

C. Any criminal violation not specifically designated as a gross misdemeanor shall be a misdemeanor. (Ord. 1852 § 1, 1991; Ord. 1731, 1989; Ord. 1438 § 3, 1984)

11.02.070 Filing of provisions for public examination.

Repealed by Ord. 1991.

11.02.090 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 862 § 9, 1976)