Chapter 10.04
MODEL TRAFFIC CODE

Sections:

10.04.010    Model Traffic Ordinance adopted by reference.

10.04.015    State statutes adopted by reference.

10.04.020    Public highway defined.

10.04.030    Disposition of fines.

10.04.040    Copies on file.

10.04.050    Classification of crimes and penalties.

10.04.060    Violation—Penalty.

10.04.010 Model Traffic Ordinance adopted by reference.

A.    Unless otherwise provided herein, the Washington Model Traffic Ordinance (MTO), Chapter 308-330 WAC, is adopted by reference as enacted or hereinafter amended as the traffic ordinance of the city of Poulsbo as if set forth in full herein by this reference.

B.    The city engineer is designated as the traffic engineer. (Ord. 2007-40 § 29, 2007: Ord. 94-15 § 1, 1994: Ord. 91-18 § 1, 1991: Ord. 90-07 § 1, 1990: Ord. 83-5 § 1, 1983; Ord. 80-40 § 1, 1980)

10.04.015 State statutes adopted by reference.

The following state statutes, as the same now exist or as the same may be hereafter amended, are hereby adopted by this reference as if set forth in full:

A.    RCW 46.61.5056, Alcohol violators—Information school—Evaluation and treatment;

B.    RCW 46.61.5151, Sentences—Intermittent fulfillment—Restrictions;

C.    RCW 46.61.5152, Attendance at program focusing on victims. (Ord. 2008-15 § 1, 2008: Ord. 94-15 § 2, 1994)

10.04.020 Public highway defined.

For purposes of construing RCW 46.20.308, “public highway,” as defined in RCW 46.04.431, shall be deemed also to include public and private parking lots, alleys and the ways around service stations which are available to the public for vehicular travel or parking. (Ord. 80-40 § 4, 1980)

10.04.030 Disposition of fines.

All fines, forfeitures or penalties collected upon conviction or upon forfeiture of bail or upon entry of judgment that an infraction was committed by 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. 80-40 § 3, 1980)

10.04.040 Copies on file.

Incident to the adoption of this chapter, copies of the text of the MTO and of other statutes adopted in this chapter by reference shall be filed as required by RCW 35A.12.140 for use and examination by the public. (Ord. 80-40 § 5, 1980)

10.04.050 Classification of crimes and penalties.

A.    For the purpose of this title, RCW 9A.04.040, Classes of crimes, and RCW 9A.20.010, Classification and designation of crimes, as now enacted or hereinafter amended, are hereby adopted by reference as if fully set forth herein.

B.    For the purpose of this title, RCW 9A.20.020, Authorized sentences for crimes committed before July 1, 1984, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.

C.    For the purpose of this title, RCW 9A.20.021, Maximum sentences for crimes committed July 1, 1984, and after, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.

1.    Gross misdemeanor: maximum penalty is three hundred sixty-five days in jail and/or fine of five thousand dollars, or by both such imprisonment and fine.

2.    Misdemeanor: maximum penalty is ninety days in jail and/or a fine of one thousand dollars, or by both such imprisonment and fine.

D.    For the purpose of this title, RCW 9A.20.030, Alternative to a fine—Restitution, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.

E.    For the purpose of this title, “infraction” means a civil infraction pursuant to Infraction Rules for Courts of Limited Jurisdiction (“IRLJ”) and any local rule adopted thereto by the Poulsbo municipal court.

F.    For the purpose of this title, RCW 7.80.120, Monetary penalties—Restitution, as now enacted or hereinafter amended, is hereby adopted by reference as if fully set forth herein.

1.    Class 1, 2 and 3 civil infraction maximum penalties as set in Chapter 7.80 RCW. (Ord. 2007-30 § 9, 2007: Ord. 80-40 § 2, 1980)

10.04.060 Violation—Penalty.

A.    Unless specifically designated otherwise, or is specified to be enforced pursuant to other law, including, but not limited to, other chapters or titles of this code, any violation of this chapter is a misdemeanor.

B.    Such penalty is in addition to any other remedies or penalties specifically provided by law. For each act herein prohibited of a continuing nature, each day shall be considered a separate offense.

C.    Any person who fails to respond or appear on any violation of any provision of the Poulsbo Municipal Code set forth in this title shall be assessed a failure to respond or appear fee in the amount set forth in RCW 46.63.110(4), as the same now exists or as may be hereafter amended, which statute is incorporated herein by this reference as if fully set forth.

D.    If a time pay agreement is requested, a fee of not to exceed ten dollars per charge or twenty-five dollars per payment plan may be imposed. (Ord. 2007-30 § 10, 2007)