Chapter 10.04
TRAFFIC REGULATIONS
Sections
10.04.040 Adoption by reference.
10.04.050 Washington Model Traffic Ordinance – Adopted by reference.
10.04.060 Washington Model Traffic Ordinance – Sections not adopted.
10.04.070 Additional state traffic statutes – Adopted by reference.
10.04.100 Violation – Penalty.
10.04.010 Short title.
This title is known as and constitutes the city’s “traffic code.” [Ord. 1053 § 1, 1993.]
10.04.020 Definitions.
(1) Use of Words and Phrases. As used in this title, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(2) “Bicycle” means a device propelled solely by human power upon which a person or persons may ride, having two tandem wheels either of which is 16 inches or more in diameter, or three wheels, any one which is more than 20 inches in diameter.
(3) “Business district” means:
(a) The area west of the west margin of 8th Avenue South and its extension, south of the south margin of South 216th Street and its extension, and north of the north margin of South 230th Street and its extension; except the territory comprising the Des Moines Marina and the Des Moines Beach Park are excluded from the definition of business district; and
(b) The area from 100 feet west of the west margin of Pacific Highway South to 100 feet east of the east margin of Pacific Highway South. [Ord. 1053 § 2, 1993.]
10.04.030 Applicability.
(1) The traffic code is applicable on all public rights-of-way in the city.
(2) The entire area of the Des Moines Marina is a public street for the purposes of the traffic code. [Ord. 1053 § 3, 1993.]
10.04.040 Adoption by reference.
(1) Washington state statutes and state regulations adopted by reference in this chapter are adopted pursuant to RCW 35A.12.140 as though fully set forth in this chapter, and as presently constituted or as may be subsequently amended.
(2) Not less than one copy of each such statute, code, or regulation, as codified, and suitably marked to indicate amendments and additions, is filed in the office of the city clerk and is available for use and examination by the public. [Ord. 1053 § 4, 1993.]
10.04.050 Washington Model Traffic Ordinance – Adopted by reference.
Except as provided in DMMC 10.04.060, the Washington Model Traffic Ordinance compiled in chapter 308-330 WAC, together with all amendments and additions provided in this title, is adopted by reference and is applicable within the city. [Ord. 1090 § 1, 1994: Ord. 1053 § 5, 1993.]
10.04.060 Washington Model Traffic Ordinance – Sections not adopted.
The following sections of the Washington Model Traffic Ordinance adopted in DMMC 10.04.050 are specifically not adopted by reference and are not applicable within the city:
RCW
46.04.080Business district.
46.04.405Person.
WAC
308-330-127Holidays.
308-330-142Parking meter.
308-330-145Parking meter space.
308-330-148Parking meter zone.
308-330-172Service parking.
308-330-250Police department to administer bicycle licenses.
308-330-255Police department to regulate parking meters.
308-330-275Traffic safety commission – Powers and duties.
308-330-375(2) Disposition of abandoned junk motor vehicles.
308-330-469When permits required for parades and processions.
308-330-500Bicycle license required.
308-330-505Bicycle license application.
308-330-510Issuance of bicycle license.
308-330-515Attachment of bicycle license plate or decal.
308-330-520Inspection of bicycles.
308-330-525Renewal of bicycle license.
308-330-530Bicycle transfer of ownership.
308-330-535Bicycle rental agencies.
308-330-540Bicycle dealers.
308-330-560Bicycles – Penalties.
308-330-565Unclaimed bicycles.
308-330-600Parking meter spaces.
308-330-610Parking meters – Deposit of coins and time limits.
308-330-620Parking meters – Use of slugs prohibited.
308-330-630Tampering with parking meter.
308-330-640Parking meters – Rule of evidence.
308-330-650Parking meters – Application of proceeds.
308-330-660Service parking.
[Ord. 1090 § 2, 1994: Ord. 1053 § 6, 1993.]
10.04.070 Additional state traffic statutes – Adopted by reference.
The following state statutes are adopted by reference and are applicable within the city:
RCW
46.12.010Certificates required to operate and sell vehicles – Manufacturers or dealers, security interest, how perfected.
46.12.280Campers – Application to – Rules and regulations.
46.12.290Motor homes, application of chapter to – Rules and regulations.
46.16.160Vehicle trip permits – Restrictions and requirements – Fees and taxes – Penalty – Rules.
46.16.470Temporary license – Display.
46.20.270Conviction requiring license suspension or revocation – Procedure – Forwarding of records – Municipalities to report parking violations – Terms defined.
46.20.320Suspension, etc., effective although certificate not delivered.
46.44.110Liability for damage to highways, bridges, etc.
46.52.083Confidentiality of reports – Availability of factual data to interested parties.
46.61.5151Sentence under RCW 46.61.515 – Intermittent fulfillment – Restrictions.
46.61.5152Attendance at program focusing on victims.
46.61.517Refusal of alcohol test – Admissibility.
46.61.613Motorcycles – Temporary suspension of restrictions for parades or public demonstrations.
46.61.758Hand signals.
46.70.090Dealer and manufacturer license plates – Use.
46.72.010Definitions.
46.72.020Permit required – Form of application.
Laws of 1993, chapter 314, section 1 Abandoned vehicles – Liability for costs of removal and disposal.
Laws of 1993, chapter 401, section 1 Right-of-way for transit vehicles.
[Ord. 1053 § 7, 1993.]
10.04.080 Corner cutting.
(1) No person operating a motor vehicle on the highways of the city shall turn such vehicle either to the right or to the left upon approaching or leaving intersections and proceed across any private property for the purpose of avoiding the intersection or a traffic control device controlling the intersection, unless so directed by lawful authority.
(2) A violation of or failure to comply with this section is a class 5 civil infraction. [Ord. 1053 § 8, 1993.]
10.04.090 Inattention.
(1) No person shall operate a motor vehicle upon a street in an inattentive manner.
(2) “Inattentive manner” means driving in such a manner so as to fail to maintain a careful lookout for persons or property that results in a collision with a person or property.
(3) Driving in an inattentive manner is cited as “inattention” and constitutes a traffic infraction.
(4) A violation of this section is a class 5 civil infraction. [Ord. 1088 § 1, 1994: Ord. 1053 § 12(16), 1993. Formerly 10.04.211: Ord. 603 § 1, 1984.]
10.04.100 Violation – Penalty.
Unless another penalty is expressly provided by law, a person found to have committed an act designated a traffic infraction under this title is punished by a monetary penalty contained in the current edition of “Infraction Rules for Courts of Limited Jurisdiction,” as published by the state Supreme Court. [Ord. 1053 § 10, 1993.]