Chapter 10.04 TRAFFIC REGULATIONS

The “Washington Model Traffic Ordinance,” Chapter 308-330 WAC, referred to in this chapter as the “MTO,” except as stated in BMC 10.04.030, and RCW 46.90.005 and 46.90.010, as now existing and as amended in the future, are adopted by reference as the traffic ordinance of the city as if set forth in full. Said adoption by reference includes any future amendments, additions, or repeals to the provisions of the MTO, as provided in RCW 46.90.010. (Ord. 432 § 1(Exh. A)(part), 2016: Ord. 246.B § 1(part), 2002)

10.04.030 Sections of the MTO not adopted.

The following sections of the MTO are not adopted by reference and are expressly deleted:

WAC

308-330-142 Parking meter

308-330-145 Parking meter space

308-330-148 Parking meter zone

308-330-172 Service parking

308-330-181 Taxicab stand

308-330-250 Police department to administer bicycle licenses

308-330-255 Police department to regulate parking meters

308-330-500 Bicycle license required

308-330-505 Bicycle license application

308-330-510 Issuance of bicycle license

308-330-515 Attachment of bicycle license plate or decal

308-330-520 Inspection of bicycles

308-330-525 Renewal of bicycle license

308-330-530 Bicycle transfer of ownership

308-330-535 Bicycle rental agencies

308-330-540 Bicycle dealers

308-330-600 Parking meter spaces

308-330-610 Parking meters – Deposit of coins and time limits

308-330-620 Parking meters – Use of slugs prohibited

308-330-630 Tampering with parking meters

308-330-640 Parking meters – Rule of evidence

308-330-650 Parking meters – Application of proceeds

308-330-660 Service parking

308-330-730 Failure to comply with traffic citation attached to parked vehicle (See BMC 10.04.180).

(Ord. 432 § 1(Exh. A)(part), 2016: Ord. 246.B § 1(part), 2002)

10.04.040 Filing copy of referenced statutes and codes.

At least one copy of every statute and Washington Administrative Code provision adopted by reference in this chapter, and every statute adopted by reference in any provision of Chapter 308-330 WAC adopted by reference in this chapter, all in the form as adopted by reference, shall be authenticated and recorded by the city clerk, and shall be filed and available in the office of the city clerk for use and examination by the public pursuant to RCW 35A.12.140. The “office of the city clerk” means those areas within City Hall under the control or access of the city clerk. (Ord. 432 § 1(Exh. A)(part), 2016: Ord. 246.B § 1(part), 2002)

Article II. Traffic Engineer

10.04.050 Designation.

The mayor shall designate the traffic engineer for the city as specified in WAC 308-330-260. (Ord. 432 § 1(Exh. A)(part), 2016: Ord. 246.B § 1(part), 2002)

Article III. Parking

10.04.060 Chapter application.

The provisions of this chapter prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device. (Ord. 432 § 1(Exh. A)(part), 2016)

10.04.070 Parallel parking required.

In addition to RCW 46.61.575, no person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right-side wheels of the vehicle within twelve inches of the curb except where there is no curb installed, with the left-side wheels of the vehicle at least twenty-four inches from the right edge of the traveled portion of the roadway. (Ord. 432 § 1(Exh. A)(part), 2016: Ord. 246.B § 1(part), 2002. Formerly 10.04.060)

10.04.080 Determination of abandoned, unauthorized, junk vehicles.

No person shall permit stopping, standing and parking of abandoned, unauthorized and junk vehicles on any highway that meets the definition of RCW 46.55.010(5) or which does not have valid license plates and valid license tabs. Such vehicles are subject to impoundment as authorized in Chapter 10.16 BMC after twenty-four hours when tagged as described in RCW 46.55.085. (Ord. 432 § 1(Exh. A)(part), 2016: Ord. 246.B § 1(part), 2002. Formerly 10.04.100)

10.04.090 Parking prohibited for more than seventy-two hours.

No vehicle shall be continuously parked at any one location on a city street or alley for more than seventy-two hours, except as provided for within this chapter. (Ord. 432 § 1(Exh. A)(part), 2016)

10.04.100 Moving vehicles to avoid violation.

No person shall re-park an infrequently used or inoperable vehicle or trailer for the purpose of avoiding a violation of the codes. This act is defined as intentionally moving a vehicle or trailer a limited distance and re-parking the vehicle or trailer to appear as though it is being used. (Ord. 432 § 1(Exh. A)(part), 2016: Ord. 246.B § 1(part), 2002. Formerly 10.04.110)

10.04.110 Prohibited parking designated.

When and where signs are erected and/or curbing painted red or yellow to give notice of a no parking zone or fire zone, there shall be no parking of motor vehicles. (Ord. 432 § 1(Exh. A)(part), 2016)

10.04.120 Prohibited parking, additional.

A. Except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer or an official traffic control device, it shall be unlawful to:

1. Stop, stand, or park a vehicle in the following areas:

a. On the roadway side of any vehicle stopped or parked at the edge or curb of any street;

b. On a sidewalk or street planting strip;

c. Within an intersection;

d. On a crosswalk;

e. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic or the view of the traffic by other drivers;

f. Upon any bridge or other elevated structure upon a roadway;

g. In a posted fire lane, whether on public or private property;

h. In a designated pedestrian walkway;

i. At any place where official signs prohibit stopping;

j. In the travel portion of any roadway; or

k. In any location that obstructs the normal movement of traffic.

2. Stand or park a vehicle, whether occupied or not in the following areas:

a. In front of a public or private driveway or within five feet thereof;

b. Within fifteen feet of a fire hydrant;

c. Within twenty feet of a crosswalk;

d. Within thirty feet approaching any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway;

e. Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of said entrance when signs are properly posted; or

f. At any place where official signs prohibit standing.

B. It shall be unlawful to reserve or attempt to reserve any portion of the roadway for purpose of stopping, standing or parking to the exclusion of others, without specific permission from the city of Brier.

C. Unless otherwise posted or regulated, vehicles stopped or parked on a roadway shall be:

1. Parked with the wheels parallel to and within twelve inches of the curb, or as close as practical to the edge of the roadway, as so not to obstruct traffic; and

2. Parked in the direction of authorized traffic movement.

D. Parking Trailers, Campers, Motor Homes, and Trucks.

1. Vehicles towing trailers or campers and motor homes may stand or park on a city street in a residential zone for a maximum period of twenty-four hours in any thirty-day period, if no other parking is available; provided said vehicles do not violate any parking restrictions, such as posted time zones, weight, or length restrictions and meet all other parking regulations.

2. It is unlawful to park any trailers without towing vehicle attached.

E. No-Parking Areas. When signs are erected giving notice thereof, no person shall park or stand a vehicle at any time upon including but not limited to any of the following streets or portions of streets:

1. West side of Poplar Way from north city limits to 214th Southwest;

2. East side of Poplar Way from intersection of 216th (Vine Road), one hundred feet north and one hundred feet south;

3. South side of 228th Street Southwest;

4. South side of Alaska Road from 35th Avenue West to Brier Road.

F. After-Dark Parking. No person shall park any vehicle in a city park or city parking lot after dusk except during special events.

G. Commercial Vehicle Parking in Rights-of-Way. It is unlawful anytime for any person, business, firm, or corporation to park or cause to be parked on the public right-of-way, any semi-trailer or truck in excess of two-ton capacity, between the hours of six p.m. to seven a.m.

Exceptions:

1. Utility trucks in response to a repair;

2. Government vehicles. (Ord. 432 § 1(Exh. A)(part), 2016)

10.04.130 Violation – Infraction and impound.

Any vehicle parked in violation of any provision of this chapter will be subject to impound at the discretion of the police department. (Ord. 432 § 1(Exh. A)(part), 2016)

10.04.140 Registered owner responsible.

The current registered owner of a vehicle or trailer is assumed responsible and liable for any violations and expenses unless:

A. There is a report of sale on the vehicle;

B. The vehicle was stolen or taken without permission;

C. The current actual owner can be identified and located, and ownership verified. (Ord. 432 § 1(Exh. A)(part), 2016: Ord. 246.B § 1(part), 2002. Formerly 10.04.120)

10.04.150 Parking fines.

Parking infractions shall be a dollar amount as established in BMC 10.04.250. A parking infraction shall be issued and affixed to the vehicle as called for in WAC 308-330-720 and shall state:

A. The time and date issued;

B. The location of the violation;

C. A description and/or identifying number of the vehicle;

D. A description of the violation;

E. The dollar amount of the fine;

F. The issuing officer’s name and badge or personnel number;

G. A statement about the payment process, how to contest the infraction, and the compliance date; and

H. The address of the violations bureau. (Ord. 432 § 1(Exh. A)(part), 2016: Ord. 246.B § 1(part), 2002. Formerly 10.04.130)

10.04.160 Payment of fines.

Parking fines shall be paid at the city of Brier traffic violations bureau in person or by mail within fifteen days of issuance. For payments made by mail, a postmark shall serve as the date the payment is made. (Ord. 432 § 1(Exh. A)(part), 2016: Ord. 246.B § 1(part), 2002. Formerly 10.04.140)

10.04.170 Contested fines.

A person may contest the citation and fine by notifying the violations bureau in writing within fifteen days of issuance of the citation of a request for a hearing. (Ord. 432 § 1(Exh. A)(part), 2016: Ord. 246.B § 1(part), 2002. Formerly 10.04.150)

10.04.180 Failure to respond.

A parking citation and fine not contested and not paid within fifteen days will be assessed an additional twenty-five dollars above the amount of the original fine per RCW 46.63.110(4). Parking fines not paid after notice of delinquency may be filed with the Department of Licensing, referred to the south district court of Snohomish County, or forwarded to a collection agency. (Ord. 432 § 1(Exh. A)(part), 2016: Ord. 246.B § 1(part), 2002. Formerly 10.04.160)

Article IV. Speed Limits

10.04.190 State laws applicable.

The state traffic laws regulating the speed of vehicles shall be applicable upon all streets within the city, except when the city, as set out in this title, as authorized by state law, declares and determines upon the basis of engineering and traffic investigation that certain speed regulations shall be applicable upon specific streets or in certain areas, and it shall be unlawful for any person to drive a vehicle at a speed in excess of any speed so declared in this title when signs are in place giving notice thereof. (Ord. 432 § 1(Exh. A)(part), 2016: Ord. 246.B § 1(part), 2002. Formerly 10.04.170)

10.04.200 Maximum speed for certain streets.

The maximum speed shall be as follows for the following city streets:

A. Brier Road: thirty miles per hour;

B. 228th Street SW: thirty miles per hour;

C. Poplar Way, north of Brier Road: thirty miles per hour;

D. School zones: as posted. (Ord. 451 § 1, 2018: Ord. 432 § 1(Exh. A)(part), 2016: Ord. 336 § 2, 2006. Formerly 10.04.180)

Article V. Load Restrictions

10.04.210 Authority to impose restrictions.

Pursuant to RCW 46.44.080, the traffic engineer is given the authority to post roadway restrictions and limitations prohibiting the use or reducing the permissible vehicle weights on said roadways by reason of rain, snow, climatic or other condition where such roadways may be seriously damaged or destroyed unless the operation of vehicles thereon is prohibited or restricted. (Ord. 432 § 1(Exh. A)(part), 2016: Ord. 246.B § 1(part), 2002. Formerly 10.04.190)

10.04.220 Sign posting.

Whenever the traffic engineer shall deem it necessary to impose a restriction prohibiting the use or reducing the permissible weights on any roadway, there shall be signs erected and maintained at each end of the portion of any public highway affected thereby, stating the applicable restrictions. Failure to observe such restrictions shall be a violation of this chapter. (Ord. 432 § 1(Exh. A)(part), 2016: Ord. 246.B § 1(part), 2002. Formerly 10.04.200)

10.04.230 Size, weight and load.

Those sections of Chapter 46.44 RCW deemed applicable and necessary to enforce compliance with size, weights and loads permitted on city streets and roads are adopted; exceptions shall only apply when the traffic engineer imposes and posts additional restrictions as stated above. (Ord. 432 § 1(Exh. A)(part), 2016: Ord. 246.B § 1(part), 2002. Formerly 10.04.210)

10.04.240 Penalty for violation.

Violation of BMC 10.04.220 and 10.04.230 shall constitute a traffic violation as outlined RCW 46.44.105. (Ord. 432 § 1(Exh. A)(part), 2016: Ord. 246.B § 1(part), 2002. Formerly 10.04.220)

Article VI. Penalties and Court Costs

10.04.250 Fines.

Unless another penalty is expressly provided by law in the MTO or in the statutes that are adopted by reference therein, any person who is convicted of violating or failing to comply with any of the provisions of this chapter shall be punished by a fine of not more than one thousand dollars or by imprisonment not to exceed ninety days or both.

A. The city hereby adopts a forfeitable penalty schedule for parking infractions:

Parking Infraction	Code Reference	Penalty
1. Parking in or blocking a marked handicap zone	RCW 46.19.050(3) and (4)	$250.00
2. Parking within fifteen feet of a fire hydrant	RCW 46.61.570(1)(b)(ii)	$100.00
3. Blocking a driveway or within five feet of the end of the curb radius leading thereto	RCW 46.61.570(1)(b)(i)	$75.00
4. All other parking infractions adopted by reference	WAC 308-330-430 through 308-330-464 RCW 46.61.570 and 46.61.575 Article III of this chapter	$60.00

B. The above fine schedule shall be reduced by fifty percent if paid in full within seventy-two hours of citation.

C. Failure to respond as called for in BMC 10.04.180 shall be assessed an additional twenty-five dollars. (Ord. 432 § 1(Exh. A)(part), 2016: Ord. 246.B § 1(part), 2002. Formerly 10.04.230)

10.04.260 Disposition of fines and forfeitures.

All fines and forfeitures collected upon conviction or forfeitures of bail of any person charged with a violation of this chapter shall be paid into the general fund of the city. (Ord. 432 § 1(Exh. A)(part), 2016: Ord. 246.B § 1(part), 2002. Formerly 10.04.240)