Chapter 10.04


10.04.010    Adoption by reference.

10.04.020    Disposition of traffic fines and forfeitures.

10.04.030    Official misconduct.

10.04.040    Copies on file.

10.04.050    Penalty.

10.04.060    Wheeled all-terrain vehicles – Incorporation of provisions into MTO.

10.04.070    Wheeled all-terrain vehicles – Conditions of operation.

10.04.080    Wheeled all-terrain vehicles – Penalties.

For statutory provisions authorizing a city to adopt codes by reference, see RCW 35.21.130.

10.04.010 Adoption by reference.

The “Washington Model Traffic Ordinance,” Chapter 308-330 WAC, is adopted by reference as the traffic ordinance of the city of Westport as if set forth in full. (Ord. 966 § 1, 1994; Ord. 765, 1985; Ord. 513 § 1, 1976)

10.04.020 Disposition of traffic fines and forfeitures.

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. 513 § 3, 1976)

10.04.030 Official misconduct.

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 the general fund, to comply with the provisions of WMC 10.04.020 shall constitute misconduct in office and shall be grounds for removal therefrom, providing appropriate removal action is taken pursuant to state law relating to removal of public officials. (Ord. 513 § 4, 1976)

10.04.040 Copies on file.

Incidental to the adoption of the MTO by reference by this chapter, copies of the text of the adopted MTO and of other adopted statutes shall be filed as required by RCW 35A.12.140 for use and examination by the public. (Ord. 513 § 5, 1976)

10.04.050 Penalty.

Unless another penalty is expressly provided by law in the MTO or in the statutes that are adopted by reference in this chapter, any person who is convicted of violating or failing to comply with any of the provisions of this chapter shall be punished as set out in Chapter 1.04 WMC. (Ord. 513 § 2, 1976)

10.04.060 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, 2015)

10.04.070 Wheeled all-terrain vehicles – Conditions of operation.

(1) Operators meeting the requirements set forth in the applicable provisions of the MTO and licensing requirement established in subsection (2) 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 35 miles per hour.

(2) No persons shall operate a wheeled all-terrain vehicle upon a public street pursuant to the provisions of WMC 10.04.060 through 10.04.080 unless that person has been issued and is in possession of a valid driver’s license and is insured under a vehicle liability policy consistent with the provisions of Chapter 46.30 RCW. (Ord. 1583, 2015)

10.04.080 Wheeled all-terrain vehicles – Penalties.

(1) Unless stated otherwise in any other applicable provision of the municipal code, violation of any provisions of WMC 10.04.060 through this section 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 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.

(2) The parent or legal guardian of a minor who knowingly allows a minor who (A) is less than the age of 18 years and (B) does not possess the licensing required by the applicable provisions of WMC 10.04.060 through this section, including WMC 10.04.070, to operate a vehicle, the use of which is authorized by WMC 10.04.060 through this section, shall be deemed to have committed a traffic infraction and, upon a finding committed, shall be subject to imposition of the fiscal penalty in the same amount to which the operator is subject. (Ord. 1583, 2015)