Chapter 10.04
WASHINGTON MODEL TRAFFIC ORDINANCE
Sections:
10.04.010 Adoption by reference.
10.04.020 Sections not adopted.
10.04.021 Additional statutes – Adoption by reference.
10.04.023 Repealed.
10.04.025 Liability automobile insurance requirement.
10.04.026 Inattentive driving.
10.04.027 Avoidance of an intersection.
10.04.040 Disposition of traffic fines and forfeitures.
10.04.050 Official misconduct.
10.04.070 Statute adopted – Admissability of refusal of alcohol test.
10.04.010 Adoption by reference.
The “Washington Model Traffic Ordinance,” Chapter 308-330 WAC, referred to as the “MTO,” as now or hereafter amended, is hereby adopted by reference as the traffic ordinance of the city as if set forth in full with the exception of the penalty provisions which are set forth in BLMC 10.04.030, and except as provided in BLMC 10.04.020. (Ord. 691 § 1, 1994; Ord. 660 § 1, 1992; Ord. 461 § 1, 1977).
10.04.020 Sections not adopted.
The following sections of the MTO are not adopted by reference and are expressly deleted:
WAC
(Ord. 691 § 2, 1994; Ord. 461 § 2, 1977).
10.04.021 Additional statutes – Adoption by reference.
RCW 46.20.730 and the following sections of Chapter 275, Laws of 1994 as now or hereafter amended are hereby adopted as part of the city’s MTO: 4, 5, 6, 7, 10, 11, 12, and 23. (Ord. 691 § 3, 1994).
10.04.022 Unauthorized stopping, standing or parking in spaces reserved for disabled persons prohibited – Adoption by reference.
The prohibitions and penalties set forth in RCW 46.16.381, relating to unauthorized stopping, standing or parking in spaces reserved for disabled persons, are hereby adopted by reference, as now or hereafter amended. (Ord. 1114 § 1, 2005; Ord. 656 § 1, 1992).
10.04.023 Bail schedule for unauthorized use of disabled parking spaces.
Repealed by Ord. 1114. (Ord. 656 § 2, 1992).
10.04.025 Liability automobile insurance requirement.
Chapter 46.30 RCW requiring liability automobile insurance for all persons operating motor vehicles is hereby incorporated by reference into this code. (Ord. 623 § 1, 1990).
10.04.026 Inattentive driving.
It is unlawful for any person to operate a motor vehicle within the city in an inattentive manner. For the purposes of this section, “inattentive manner” means the operation of a motor vehicle in a manner that evidences a lack of degree of attentiveness required to safely operate the vehicle under the prevailing conditions, including, but not limited to, the nature and condition of the roadway, presence of other traffic, presence of pedestrians, and weather conditions. The offense of operating a motor vehicle in an inattentive manner shall be considered to be a lesser offense than, but included in, the offense of operating a motor vehicle in a negligent manner. Unless otherwise set out in applicable law or court rule, any person who violates the provisions of this section shall be guilty of a civil infraction punishable by a monetary value not more than $250.00, plus assessments. (Ord. 1592 § 1, 2018; Ord. 1360 § 1, 2010).
10.04.027 Avoidance of an intersection.
It is unlawful for any person operating a motor vehicle within the city of Bonney Lake to leave any roadway’s lanes of travel and proceed across any private property or publicly owned non-right-of-way property for the purpose of avoiding an intersection or traffic-control device controlling an intersection, unless so directed by proper authorities. There shall be a rebuttable presumption that a person operating a motor vehicle that leaves one roadway and enters onto another roadway by crossing private property or publicly owned non-right-of-way property has done so for the purpose of avoiding an intersection where the driver did not stop, significantly change speed, or give other indication of an intent to stop upon said property. Violation of this section is a traffic infraction, punishable with a fine up to $112.00, plus assessments. (Ord. 1361 § 1, 2010).
10.04.030 Penalties.
A. Failure to perform any act required in this chapter or performance of any act forbidden by this chapter, or violation of any local ordinance relating to traffic, parking, standing, stopping and pedestrian offenses is a misdemeanor unless designated by law to be a gross misdemeanor or traffic infraction. Any offense designated as a misdemeanor under this chapter shall be punishable by imprisonment in jail for a maximum term of not more than 90 days or by a fine not to exceed $1,000 or by both such imprisonment and fine. An offense designated as a gross misdemeanor under this chapter shall be punishable by imprisonment in jail for a maximum term of not more than one year or by a fine of not more than $5,000 or by both such imprisonment and fine.
B. Any person found to be in violation of any provision relating to stopping, standing, or parking under RCW 46.61.560, 46.61.570, or 46.61.575, WAC 308-330-433, 308-330-436, 308-330-439, 308-330-442, or 308-330-457 shall be deemed to have committed a civil infraction and for each such violation shall be subject to a civil penalty in the amount of $41.00 plus court costs and statutory assessments, if any. Failure to respond to a notice of infraction within 15 days shall result in an additional penalty of $25.00. (Ord. 1195 § 1, 2006; Ord. 660 § 2, 1992; Ord. 540 § 1, 1984; Ord. 461 § 3, 1977).
10.04.040 Disposition of traffic fines and forfeitures.
All fines and 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. 461 § 4, 1977).
10.04.050 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 or bail, either before or after a deposit in said general fund, to comply with the provisions of BLMC 10.04.040 shall constitute misconduct in office and shall be grounds for removal therefrom; provided, that appropriate removal action is taken pursuant to state law relating to removal of public officials. (Ord. 461 § 5, 1977).
10.04.060 Copies on file.
The text of the adopted MTO and of other adopted statutes shall be filed as required by RCW 35.21.180 for use and examination of the public. (Ord. 461 § 6, 1977).
10.04.070 Statute adopted – Admissability of refusal of alcohol test.
There is adopted RCW 46.61.517 pertaining to the admissibility as evidence of the refusal of the alcohol test, and all such future amendments and adoptions. (Ord. 660 § 3, 1992).