Division I. General Provisions

Chapter 10.05
TRAFFIC AND VEHICLE CODE

Sections:

10.05.010    Preliminary statement.

10.05.020    Purposes – Principles of construction.

10.05.030    Avoidance of intersection.

10.05.040    Model Traffic Ordinance adopted by reference.

10.05.050    Sections not adopted.

10.05.060    Maximum speed limits.

10.05.070    Automated traffic safety systems.

10.05.080    Inattentive driving.

10.05.010 Preliminary statement.

(1) This chapter shall be known as, and may be cited as, the “Burien traffic and vehicle code.”

(2) The provisions of this code shall apply to any offense committed on or after 12:01 a.m. on September 1, 1993.

(3) The provisions of this code do not apply to, or govern, the construction of and punishment for any offense committed prior to 12:01 a.m. on September 1, 1993, or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing in the city of Burien at the time of the commission thereof in the same manner as if this code had not been enacted.

(4) If any provision of this code, or its application to any person or circumstance is held invalid, the remainder of the code, or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this code are declared to be severable.

(5) Section captions are for organizational purposes only and shall not be construed as part of this code. [Ord. 64 § 1, 1993]

10.05.020 Purposes – Principles of construction.

(1) The general purposes of the provisions governing the definition of offenses are:

(a) To forbid and prevent conduct that inflicts or threatens substantial harm to individual or public interests;

(b) To safeguard conduct that is without culpability from condemnation as criminal;

(c) To give fair warning of the nature of the conduct declared to constitute an offense;

(d) To differentiate on reasonable grounds between serious and minor offenses, and to prescribe proportionate penalties for each.

(2) The provisions of this chapter shall be construed according to the fair import of their terms and when the language is susceptible of differing constructions it shall be interpreted to further the general purposes stated in this chapter.

(3) In adopting the state statutes by reference, only those crimes and offenses within the jurisdiction of a municipality are intended to be adopted and, in those sections adopted which deal with both misdemeanors and felonies, only the language applicable to misdemeanors and gross misdemeanors is to be applied. [Ord. 64 § 2, 1993]

10.05.030 Avoidance of intersection.

(1) It is unlawful for any person operating a motor vehicle on the highways of the city to turn such vehicle either to the right or to the left upon approaching or leaving intersections and to proceed across any private property for the purpose of avoiding the intersection or any traffic control device controlling the intersection, unless so directed by lawful authority.

(2) Any person violating the provisions of this section is guilty of an infraction for which the monetary penalty shall be $47.00. [Ord. 64 § 3, 1993]

10.05.040 Model Traffic Ordinance adopted by reference.

The “Washington Model Traffic Ordinance,” Chapter 308-330 WAC, except as identified in BMC 10.05.050, is adopted by reference as the traffic ordinance of the city of Burien as if set forth in full. Also adopted by reference are Sections 4, 5, 6, 7, 10, 11, 12 and 23 of Chapter 275, Laws of 1994 and RCW 46.20.730 as amended by Section 23 of Chapter 275, Laws of 1994. [Ord. 95 § 1, 1994]

10.05.050 Sections not adopted.

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

WAC

308-330-250    Police department to administer bicycle licenses.

308-330-275    Traffic safety commission – Powers and duties.

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 licenses.

308-330-530    Bicycle transfer of ownership.

308-330-535    Bicycle rental agencies.

308-330-540    Bicycle dealers.

308-330-560    Bicycle penalties.

[Ord. 95 § 2, 1994]

10.05.060 Maximum speed limits.

(1) Forty Miles per Hour. The following street shall be posted with a speed limit of 40 miles per hour:

(a) Temporary 509 between 1st Avenue South and SR 509.

(2) Thirty-Five Miles per Hour. The following streets shall be posted with a speed limit of 35 miles per hour:

(a) 1st Avenue South between S/SW 116th Street and S/SW 162nd Street (city limit);

(b) Ambaum Boulevard SW between SW 116th Street and SW 156th Street;

(c) S/SW 128th Street between Ambaum Boulevard SW and Des Moines Memorial Drive South;

(d) S/SW 136th Street between Ambaum Boulevard SW and Des Moines Memorial Drive South;

(e) SW 148th Street between Ambaum Boulevard SW and 1st Avenue South;

(f) S/SW 156th Street between Ambaum Boulevard SW and Des Moines Memorial Drive South;

(g) South 160th Street between 1st Avenue South and Des Moines Memorial Drive South;

(h) Ambaum Boulevard South between South 160th Street and Temporary 509;

(i) Des Moines Memorial Drive South between SR 509 and Temporary 509;

(j) 8th Avenue South between South 112th Street and South 152nd Street;

(k) 16th Avenue SW between SW 116th Street and SW 112th Street;

(l) Des Moines Memorial Drive South between South 128th Street and South 108th Street;

(m) 24th Avenue South between South 128th Street and South 120th Street;

(n) Military Road South between South 128th Street and South 112th Street.

(3) Thirty Miles per Hour. The following streets shall be posted with a speed limit of 30 miles per hour:

(a) S/SW 116th Street between Ambaum Boulevard SW and 5th Avenue South;

(b) 12th Avenue SW between SW 116th Street and Ambaum Boulevard SW;

(c) SW 146th Street between Ambaum Boulevard SW and 1st Avenue South;

(d) SW 152nd Street between 18th Avenue SW and 10th Avenue SW;

(e) 10th Avenue SW between SW 152nd Street and SW 160th Street;

(f) SW 160th Street between 19th Avenue SW and 1st Avenue South;

(g) Sylvester Road SW between SW 160th Street and 8th Place SW (city limit);

(h) South 176th Street between Des Moines Memorial Drive South and SR 509;

(i) 26th Avenue SW between SW 116th Street and SW 112th Street;

(j) 5th Avenue South between South 116th Street and South 126th Street;

(k) South 112th Street/Glendale Way South/South 120th Street between 8th Avenue South and 24th Avenue South. [Ord. 597 § 1, 2014; Ord. 362 § 1, 2002; Ord. 352 § 1, 2002]

10.05.070 Automated traffic safety systems.

(1) Authorized Use of Automated Traffic Safety Cameras. Law enforcement officers of the city of Burien and persons commissioned by the chief of police for the city of Burien are authorized to use automated traffic cameras and related automated systems to detect one or more of the following: (a) stoplight violations and (b) school speed zone violations.

(2) Restrictions Upon Use. The use of automated traffic safety cameras is subject to the following restrictions:

(a) Use of traffic safety cameras is restricted to two arterial intersections and school speed zones only;

(b) Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. Pictures taken by automated traffic safety cameras may not reveal the face of the driver or of the passengers in the vehicle.

(3) Locations to Be Marked. The city shall clearly mark all locations where automated traffic safety cameras are in use by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera.

(4) Notice of Infraction.

(a) Whenever any vehicle is photographed by an automatic traffic safety camera, a notice of infraction shall be mailed to the registered owner of the vehicle within 14 days of the violation, or to the renter of a vehicle within 14 days of establishing the renter’s name and address under this section.

(b) If the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction is issued, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within 18 days of receiving the written notice, provide to the issuing agency by return mail:

(i) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or

(ii) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft; or

(iii) In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. Timely mailing of this statement to the issuing law enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction.

(c) The law enforcement officer issuing the notice of infraction shall include with it a certificate or facsimile thereof, based upon inspection of photographs, microphotos, or electronic images produced by an automated traffic safety camera, stating the facts supporting the notice of infraction. This certificate or facsimile is prima facie evidence of the facts contained in it and is admissible in a proceeding charging a violation under this chapter.

(5) Request for Hearing. A person receiving a notice of infraction based on evidence detected by an automated traffic safety camera may respond to the notice by mail. The person receiving the infraction may also request a hearing.

(6) Presumption of Committed Infraction/Presumption Overcome.

(a) In a traffic infraction case involving an infraction detected through the use of an automated traffic safety camera under this section, proof that the particular vehicle described in the notice of traffic infraction was in violation of any such provision of this section, together with proof that the person named in the notice of traffic infraction was at the time of the violation the registered owner of the vehicle, constitutes in evidence a prima facie presumption that the registered owner of the vehicle was the person in control of the vehicle at the point where, and for the time during which, the violation occurred.

(b) This presumption may be overcome only if the registered owner states, under oath, in a written statement to the court or in testimony before the court that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person other than the registered owner.

(7) Infractions Processed. Infractions detected through the use of automated traffic safety cameras are not part of the registered owner’s driving record under RCW 46.52.101 and 46.52.120. Additionally, infractions generated by the use of automated traffic safety cameras under this section shall be processed in the same manner as parking infractions, including RCW 3.46.120, 3.50.100, 35.20.220, 46.16.216 and 46.20.270(3).

(8) Nonexclusive Enforcement. Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1)(a),(b), or (c).

(9) Fines. The fine for infractions committed pursuant to the provisions of this section shall be a base monetary penalty of $101.00.

(10) Use of Electronic Signatures. In connection with the automated traffic safety cameras authorized for use herein, the police chief or the police chief’s designee is authorized to utilize electronic signatures in accordance with the provisions of Chapter 19.24 RCW.

(11) Definition. For the purposes of this section, “automated traffic safety camera” means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or exceeds a speed limit in a school speed zone as detected by a speed measuring device. [Ord. 472 § 1, 2007]

10.05.080 Inattentive driving.

(1) Definition. For the purpose of this section, “inattentive” means with a negligent lack of attentiveness to conditions, circumstances, and one’s duties required to safely operate the vehicle. Conditions include but are not limited to the nature and condition of the roadway, presence of other traffic, presence of pedestrians, and weather conditions.

(2) Inattentive Driving Prohibited. It is unlawful for any person to operate a motor vehicle in an inattentive manner.

(3) Violation – Penalty. The offense of inattentive driving shall be considered to be a lesser offense than, but included in, the offense of operating a motor vehicle in a negligent manner.

Any person convicted of inattentive driving shall be guilty of an infraction, and shall be subject to a fine of $250.00.

(4) No citation for a violation of this section shall be issued unless the officer issuing such citation has cause to stop or arrest the driver of such motor vehicle for the violation of some other provision of this code relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute. [Ord. 562 § 2, 2012]