Chapter 10.12
RULES OF THE ROAD

Sections:

10.12.010    State Regulations Adopted by Reference.

10.12.020    Driving While Under Influence of Intoxicating Liquor or Drugs.

10.12.030    Actual Physical Control of Motor Vehicle While Under Influence of Intoxicating Liquor or Drugs.

10.12.040    Driving or Being in Physical Control of Motor Vehicle While Under the Influence of Intoxicating Liquor or Drugs – Penalties.

10.12.050    Adopts Subsections to RCW Section 46.61.515.

10.12.060    Ferry Queues.

Cross-reference: Chapter 46.61 RCW

10.12.010 State Regulations Adopted by Reference.

Those specific Sections of Chapter 46.61 of the Revised Code of Washington and any future amendments thereto which are not excluded as set forth below, are adopted by reference as Chapter 10.12 PCC, entitled "Rules of the Road." Specific sections to be excluded are the following:

A.    46.61.010 Required Obedience to Traffic Laws--Penalties (effective until January 1, 1981).

B    46.61.024 Attempting to Elude Pursuing Police Vehicles.

C.    46.61.085 Traffic Control Signals or Devices Upon City Street Forming Part of State Highways--Approval by Commission Required.

D.    46.61.400(2) Basic Rule and Maximum Limits.

E.    46.61.515 Driving or Being in Physical Control of Motor Vehicle While Being Under the Influence of Intoxicating Liquor or Drug--Penalties--Penalty Assessments in Addition to Fines, etc.--Suspension or Revocation of Licenses--Appeal.

F.    46.61.518 Penalty Assessments--Disposition of Gross Proceeds.

G.    46.61.520 Negligent Homicide by Motor Vehicle--Penalty.

H.    46.61.570 Stopping, Standing, or Parking Prohibited in Specified Places--Reserving Portion of Highway Prohibited.

I.    46.61.575 Additional Parking Regulations.

J.    46.61.990 Recodification of Sections--Organization of Chapter--Construction.

(Ord. 84-70 § 1, 1984; Res. 22634 § 3, 1981)

10.12.020 Driving While Under Influence of Intoxicating Liquor or Drugs.

A.    A person is guilty of driving while under the influence of intoxicating liquor or any drug if he/she drives a vehicle within the County while:

1.    He/she has 0.10 percent or more by weight of alcohol in his/her blood as shown by chemical analysis of his/her breath, blood, or other bodily substance made pursuant to the provisions of RCW 46.61.506 as now or hereafter amended; or

2.    He/she is under the influence of or affected by intoxicating liquor or any drug; or

3.    He/she is under the combined influence of or affected by intoxicating liquor and any drug.

B.    The fact that any person charged with a violation of this Section is or has been entitled to use such drug under the laws of the state shall not constitute a defense against any charge of violating this Section.

(Ord. 83-18 § 4, 1983; prior Code 46.61.502)

10.12.030 Actual Physical Control of Motor Vehicle While Under Influence of Intoxicating Liquor or Drugs.

A.    A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if he/she has actual physical control of a vehicle within the County while:

1.    He/she has a 0.10 percent or more by weight of alcohol in his/her blood as shown by chemical analysis of his/her breath, blood or other bodily substance made pursuant to the provisions of RCW 46.61.506 as now or hereafter amended; or

2.    He/she is under the influence of or affected by intoxicating liquor or any drug; or

3.    He/she is under the combined influence of or affected by intoxicating liquor and any drug.

B.    The fact that any person charged with a violation of this Section is or has been entitled to use such drug under the laws of the state shall not constitute a defense against any charge of violating this Section. No person may be convicted under this Section if, prior to being pursued by a law enforcement officer, he has moved the vehicle safely off the roadway.

(Ord. 83-18 § 5, 1983; prior Code § 46.61.504)

10.12.040 Driving or Being in Physical Control of Motor Vehicle While Under the Influence of Intoxicating Liquor or Drugs – Penalties.

A.    Every person who is convicted of violation of PCC 10.12.020 or PCC 10.12.030 shall be punished by imprisonment for not less than 24 consecutive hours nor more than one year, and by a fine of not more than $500.00. The person shall, in addition, be required to complete a course at an alcohol information school approved by the Department of Social and Health Services. If, after completing an alcohol evaluation at the alcohol information school, the convicted person is found to have a serious alcohol problem, the alcohol information school may recommend more intensive alcoholism treatment in a program approved by the Department of Social and Health Services. In the alternative, the court may bypass alcohol information school if the court determines that more intensive alcoholism treatment in a program approved by the Department of Social and Health Services is appropriate. Standards for approval shall be prescribed by rule under the Administrative Procedure Act, RCW Chapter 34.04. The courts shall periodically review the costs of alcohol information schools and treatment programs within their jurisdictions. Twenty-four consecutive hours of jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. The court may impose conditions of probation that may include nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate.

B.    On a second or subsequent conviction for driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs within a 5-year period a person shall be punished by imprisonment for not less than seven days nor more than one year and by a fine not more than $1,000.00. The jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being. Whenever he mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. If such person at the time of a second or subsequent conviction is without a license or permit because of a previous suspension or revocation, the minimum mandatory sentence shall be 90 days in jail and a $200.00 fine. The penalty so imposed shall not be suspended or deferred. The person shall, in addition, be required to complete diagnostic evaluation at an alcoholism program approved by the Department of Social and Health Services or other diagnostic evaluation as the court designates. If the person is found to have an alcohol or drug problem requiring treatment, the person shall complete treatment at an approved alcoholism treatment facility or approved drug treatment center.

In addition to any nonsuspendable and nondeferrable jail sentence required by this subsection, the court shall sentence a person to a term of imprisonment not exceeding 180 days and shall suspend but shall not defer the sentence for a period not exceeding two years. The suspension of the sentence may be conditioned upon nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of suspension during the suspension period.

(Ord. 83-18 § 6, 1983; prior Code § 46.61.515)

10.12.050 Adopts Subsections to RCW Section 46.61.515.

Those specific consecutive subsections of RCW 46.61.515 and any future amendments thereto which are not excluded as set forth in this Section are herein included and adopted by reference as consecutive subsections C., D., E. and F. to PCC 10.12.040. Specific subsections of RCW 46.61.515 hereby excluded from this Code are RCW 46.61.515(1) and (2). (Ord. 83-18 § 7, 1983)

10.12.060 Ferry Queues.

It is a traffic infraction for a driver of a motor vehicle intending to board a Pierce County ferry to move in front of another vehicle in a queue already waiting to board the ferry without the authorization of a County ferry system employee or law enforcement officer. The penalty for a violation of this Section shall be $48.00 plus statutory assessments. In addition to any other penalty imposed for a violation of this Section, the driver will be directed to immediately move the motor vehicle to the end of the queue of vehicles waiting to board the ferry. Violations of this Section are not part of the vehicle driver's driving record under RCW 46.52.101 and 46.52.120. (Ord. 2019-20 § 1, 2019)