Chapter 9.04
Traffic and Vehicle Control

Sections:

9.04.010    (Repealed).

9.04.011    Washington Model Traffic Ordinance adopted by reference.

9.04.012    RCW Section 46.61.500 amended--Reckless driving.

9.04.013    (Repealed).

9.04.014    (Repealed).

9.04.015    Purpose.

9.04.016    Way open to the public--Defined.

9.04.020    Traffic-control devices.

9.04.030    (Repealed).

9.04.040    (Repealed).

9.04.050    Impoundment, release, and redemption of vehicles driven by suspended/revoked drivers and appeals.

9.04.060    Motorized vehicles--Definitions.

9.04.070    Motorized vehicles--Provisions.

9.04.080    Motorized vehicles--Penalties for violations.

9.04.090    Wheeled all-terrain vehicles--Incorporation of provisions into MTO.

9.04.100    Wheeled all-terrain vehicles--Conditions of operation.

9.04.110    Wheeled all-terrain vehicles--Penalties.

9.04.010 (Repealed).

(Ord. 1528 §2(part), 2009).

9.04.011 Washington Model Traffic Ordinance adopted by reference.

(a)    That certain document known as the "Washington Model Traffic Ordinance" as set forth in Chapter 308-330, Washington Administrative Code, shall be and is adopted by reference as the traffic code of the city.

(b)    A copy of that provision of the Washington Administrative Code, as well all statutes adopted by reference therein, shall be maintained on file in the office of the clerk-controller. (Ord. 1405 §§1, 2, 1998).

9.04.012 RCW Section 46.61.500 amended--Reckless driving.

RCW Section 46.61.500, as adopted by reference in Section 9.04.010 of this code, is amended to read as follows:

"Any person who drives any vehicle in wilful or wanton disregard for the safety of persons or property when along the streets of the city, or upon ways open to the public within the corporate limits of the city is guilty of reckless driving.

"For the purposes of this section, to operate in a reckless manner shall be construed to mean the operation of a vehicle upon the streets of the city or ways open to the public within the corporate limits of the city in such a manner as to indicate either a wilful or wanton disregard for the safety of persons or property.

"The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days." (Ord. 1027 §1, 1976).

9.04.013 (Repealed).

(Ord. 1528 §2(part), 2009).

9.04.014 (Repealed).

(Ord. 1528 §2(part), 2009).

9.04.015 Purpose.

It is the intent of the city in adopting the provisions of this chapter relating to the regulation of vehicles to implement a system which shall be applicable and uniform upon all persons operating vehicles within the city and that such system shall be uniform with that implemented within the state, except as otherwise specifically provided. (Ord. 1376 §3, 1997).

9.04.016 Way open to the public--Defined.

As used in this chapter or in any code adopted by reference by any section or provision of this chapter "way open to the public" shall mean any road, alley, lane, parking area, or any place, private or otherwise, adapted to and fitted for travel that is in common use by the public, with the consent, expressed or implied, of the owner or owners, and further shall mean public playgrounds, school grounds, recreational grounds, parks, parkways, park drives, park paths, bridges, docks, station grounds, and rights-of-way open to the use of the public. (Ord. 1027 §3, 1976).

9.04.020 Traffic-control devices.

Those certain traffic-control devices, including but not limited to stop signs, yield right-of-way signs, stop lights, and warning signs, as more fully detailed upon that certain map attached to the ordinance codified in this section, on file in the office of the city and designated Attachment Number 1 shall be and is adopted as the official map of such devices and locations within the appropriate limits of the city. Each traffic-control device designated thereon and each restrictive parking provision designated thereon shall be in full force and effect just as if set forth in the text of this chapter and shall be subject to enforcement by the police department of the city. Any person who is convicted of a failure to follow the requirements of the designations contained upon Attachment Number 1 shall be punished as provided by the ordinances of the city relating to such matter. (Ord. 1281 §1, 1989).

9.04.030 (Repealed).

(Ord. 1528 §2(part), 2009).

9.04.040 (Repealed).

(Ord. 1444 §3, 2001).

9.04.050 Impoundment, release, and redemption of vehicles driven by suspended/revoked drivers and appeals.

(a)    Basis of impoundment. The provisions of this section shall be deemed an exercise of the authority of RCW 46.55.113 and RCW 46.55.120.

(b)    Adoption by reference. To the extent not inconsistent with the specific provisions of this section, (a) RCW 46.55.113, (b) RCW 46.55.120, and (c) WAC 204-96-010, all as now existing or hereafter amended, supplemented, or succeeded, are adopted by reference. A copy of the provisions of each enactment shall be kept on file in the office of the clerk-controller or such other location as the clerk-controller may designate under applicable law.

(c)    Hardship release. The chief or his or her designee may issue a written order to release the vehicle from impound before the expiration of the impound period on the basis of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator's criminal history and driving record.

(d)    Redemption of impounded vehicles. Vehicles impounded pursuant to applicable provisions of this section may be redeemed, after being held for the requisite number of days in impound under the applicable provisions of this section, upon the following conditions:

(1)    The person redeeming the vehicle is an eligible person to redeem the vehicle under RCW 46.55.120(1) (a), as now existing or hereafter amended, and pays all towing, removal, and storage fees in commercially reasonable tender as provided in RCW 46.55.120(1)(b);

(2)    When the vehicle was impounded because the operator was in violation of RCW 46.20.342 and the operator is the registered owner, such registered owner establishes with the chief or his or her designee that all penalties, fines, or forfeitures owed by him or her for traffic violations have been paid in full; and

(3)    Issuance of a written order from the chief or his or her designee directing release of the impounded vehicle.

(e)    Contesting impoundment or towing and storage charges.

(1)    Any person seeking to redeem a vehicle impounded under this chapter has a right pursuant to the provisions of RCW 46.55.120(2) (b) to a hearing in the municipal court to contest the validity of the impoundment or the amount of the towing and storage charges.

(2)    The police chief or his or her designee shall appear and represent the department at the impoundment validity hearing in the municipal court. The city attorney may, but is not required to, represent the city at the hearing.

(f)    For purposes of this section:

(1)    Any reference to any particular statute shall be deemed to incorporate the terms thereof, and any amendment or successor statute, by reference.

(2)    Any reference to the chief shall be deemed to mean the chief of the city's police department or such member of the department as the chief may designate.

Any commissioned officer of the department shall be deemed to be such a designee. (Ord. 1444 §1, 2001).

9.04.060 Motorized vehicles--Definitions.

For purposes of the ordinance codified in Sections 9.04.060, 9.04.070 and 9.04.080, the following definitions shall apply:

(a)    "Motorized wheeled transportation device" means any device which has no more than two wheels, is propelled by an electric or liquid fuel motor, which is not required to be licensed with the state department of licensing prior to its lawful operation upon a public street, and is intended to transport a person on or across land. A motorized wheeled transportation device shall include, but shall not be limited to, a "motorized foot scooter" as that term is defined in Section 46.04.336 of the Revised Code of Washington ("RCW"), and any electric or gas powered scooter, power board, motor powered skateboard, miniature motorcycle, pocket bike, or miniature chopper, regardless of the manner in which the device is designed.

For purposes of Sections 9.04.060, 9.04.070 and 9.04.080, a motorized wheeled transportation device shall not include any of the following as now or hereafter defined in the referenced provision of state law:

(1)    Electric-assisted bicycle - RCW 46.04.169;

(2)    Electric personal assistive mobility device - RCW 46.04.1695;

(3)    Moped - RCW 46.04.304;

(4)    Motorcycle - RCW 46.04.330;

(5)    Motor-driven cycle - RCW 46.04.332;

(6)    Power wheelchair - RCW 46.04.415;

(7)    Wheelchair conveyance - RCW 46.04.710.

(b)    "Approved helmet" means a head covering designed for safety that shall meet or exceed the requirements safety of standards adopted by the U.S. Consumer Product Safety Commission (CPSC) 15 USCS 6004, or Z-00.4 set by the American National Standards Institute (ANSI), the Snell Foundation, the ASTM (American Society for Testing and Materials), or such subsequent nationally recognized standard for helmet performance as the city may adopt. (Ord. 1476 §1, 2004).

9.04.070 Motorized vehicles--Provisions.

(a)    Subject to the limitations set forth in subsection (b) of this section, the operation of motorized wheeled transportation devices, including motorized foot scooters, within the corporate limits shall be subject to the following provisions:

(1)    They may be operated upon the highways of the state within the corporate limits of the city, as well as upon the streets of the city, subject to compliance with the other provisions of this chapter.

(2)    The operation shall be to the same extent and subject to the same rules and regulations applicable to and governing the utilization of bicycles, all as more fully set forth in provisions of the Washington Model Traffic Ordinance, found in Chapter 308-330, Washington Administrative Code, and adopted through the provisions of this chapter of this code. By way of representation and not by way of limitation, operation shall be in compliance with the following provisions of the Revised Code of Washington, as now existing of hereafter amended or succeeded:

(A)    46.61.755,

(B)    46.61.758,

(C)    46.61.765,

(D)    46.61.770,

(E)    46.61.775,

(F)    46.61.680,

(G)    46.61.790.

When so operating, the operator shall comply with all traffic control signage, lighting requirements, crosswalk markings, regulations relating to yielding to pedestrians and vehicles, and other laws governing the operation of bicycles.

(3)    They may not be operated on a public sidewalk.

(4)    They may be not be operated on a publicly owned or maintained bicycle path or trail, bikeway, equestrian trail, or hiking or recreational trail unless appropriate signing is posted by the governmental entity authorizing such use.

(5)    They may not be operated within the boundaries of a municipally owned or operated recreational facility, including playing fields, parks, and associated facilities unless appropriate signing is posted by the governmental entity authorizing such use. By way of representation and not by way of limitation, such facilities shall include Vessey Field, Nelson Field, and Fleet Park.

(6)    Any operator or passenger less than eighteen years of age shall wear an approved helmet. The helmet shall be worn at all times when RCW 46.37.530 would require the wearing of a helmet for a vehicle covered by that statute. The helmet must be equipped with either a neck or chinstrap that shall be fastened securely while the wheeled vehicle is in motion.

(b)    Unless appropriate signing is posted by the governmental entity having ownership of the referenced area authorizing such use, no motorized wheeled transportation device of the type commonly referred to as miniature motorcycle, pocket bike, miniature chopper, pocket rocket, or mini cycle shall be operated:

(1)    Upon or within any state highway or city street within the city;

(2)    Upon any public sidewalk, publicly owned or maintained bicycle path or trail, bikeway, equestrian trail, or hiking or recreational trail;

(3)    Within the boundaries of a municipally owned or operated recreational facility, including playing fields, parks, and associated facilities; nor

(4)    Within the boundaries of any public school grounds.

At all times when RCW 46.37.530 would require the wearing of a helmet for a vehicle covered by that statute, any operator or passenger of or upon a vehicle covered by this subsection shall wear a helmet meeting the standards implemented pursuant to the authority granted by that statute. The helmet must be equipped with either a neck or chinstrap that shall be fastened securely while the wheeled vehicle is in motion. (Ord. 1476 §2, 2004).

9.04.080 Motorized vehicles--Penalties for violations.

A violation of any provision of Section 9.04.062 shall constitute an infraction. Any person cited for violating such a provision shall be brought before a court of competent jurisdiction. The citation shall be processed, decided, and subject to penalties, all in the manner provided by Chapter 46.63 RCW, as adopted by the city in this chapter of this code. (Ord. 1476 §3, 2004).

9.04.090 Wheeled all-terrain vehicles--Incorporation of provisions into MTO.

The incorporation into the city code of the provisions of ESHB 1632, as now codified in RCW Title 46, relating to the definitions, equipment, and licensing requirements, operator requirements, and other provisions applicable to this matter is specifically ratified. (Ord. 1583 §1, 2015).

9.04.100 Wheeled all-terrain vehicles--Conditions of operation.

(a)    Operators meeting the requirements set forth in the applicable provisions of the MTO and licensing requirement established in subsection (b) of this section may operate wheeled all-terrain vehicles meeting the equipment and licensing requirements set forth in the Model Traffic Ordinance upon all public streets within the city other than any street having a speed limit greater than thirty-five miles per hour.

(b)    No person shall operate a wheeled all-terrain vehicle upon a public street pursuant to the provisions of Sections 9.04.090 through 9.04.110 unless that person has been issued and is in possession of a valid driver’s license. (Ord. 1583 §2, 2015).

9.04.110 Wheeled all-terrain vehicles--Penalties.

(a)    Unless stated otherwise in any other applicable provision of the municipal code, violation of any provision of Sections 9.04.090 through 9.04.110 is a traffic infraction, punishable as provided by the provisions of the municipal code; provided, that if the vehicle is operated in a negligent or reckless manner by the operator or the operator is in such a condition as to be subject to citation under the provisions of RCW 46.61.502 through 46.61.540, inclusive, such citation may be issued and upon conviction the penalties provided therein shall be applied.

(b)    The parent or legal guardian of a minor who knowingly allows a minor who (1) is less than the age of eighteen years and (2) does not possess the licensing required by the applicable provisions of Sections 9.04.090 through 9.04.110, including Section 9.04.100, to operate a vehicle the use of which is authorized by Sections 9.04.090 through 9.04.110 shall be deemed to have committed a traffic infraction and, upon a finding of committed, shall be subject to imposition of the fiscal penalty in the same amount to which the operator is subject. (Ord. 1583 §3, 2015).