Chapter 46.04
WASHINGTON MODEL TRAFFIC ORDINANCE AND STATE PROVISIONS
Sections:
46.04.010 Adoption by reference.
46.04.020 Sections not adopted.
46.04.030 Certain sections of state law adopted by reference.
46.04.040 Bicycles on sidewalks—Exemption for police.
46.04.060 Hit and run bicyclist or pedestrian.
46.04.010 Adoption by reference.
The “Washington Model Traffic Ordinance,” Chapter 308-330 WAC, is adopted by reference as the traffic ordinance of the city as if set forth in full. (Ord. 2008-94 § 1, 1994)
46.04.020 Sections not adopted.
The following sections of the MTO are not adopted by reference and are expressly deleted: 46.61.565; 46.61.570; 46.61.575; 46.61.600; 46.90.260; 46.90.265; 46.90.270; 46.90.430; 46.90.433; 46.90.436; 46.90.439; 46.90.442; 46.90.445; 46.90.451; 46.90.454; and 46.90.457. (Ord. 2008-94 § 2, 1994)
46.04.030 Certain sections of state law adopted by reference.
The following sections of Washington state law are adopted by reference in all respects as though such sections were set forth herein in full:
Sections 1, 4, 5, 6, 10, 11 of Chapter 275, 1994 Laws of the State of Washington; Section 2 of Chapter 417, 2007 Laws of the State of Washington, as amended by Section 3 of Chapter 223, 2010 Laws of the State of Washington (RCW 46.61.667); Section 1 of Chapter 416, 2007 Laws of the State of Washington, as amended by Section 4 of Chapter 223, 2010 Laws of the State of Washington (RCW 46.61.668); and Section 1 of Chapter 413, 2005 Laws of the State of Washington, as amended by Section 1, Chapter 83, 2007 Laws of the State of Washington and Section 1 of Chapter 252, 2010 Laws of the State of Washington (RCW 46.61.212). (Ord. 3188-10 § 1, 2010: Ord. 2008-94 § 3, 1994)
46.04.040 Bicycles on sidewalks—Exemption for police.
The provisions of RCW 46.90.555(1), relating to riding a bicycle upon a sidewalk in a business district, shall not apply to police officers while in the performance of their official duties. (Ord. 1876-92 § 1, 1992)
46.04.050 Intent.
It is the intent of Section 46.04.060 to define a new crime to supplement presently defined crimes in Chapter 46.52 RCW to penalize the failure of a motorist who has collided with a pedestrian or a bicyclist to fail to stop and comply with statutory duties when the collision has resulted in injuries that are not significant. (Ord. 3134-09 § 1, 2009)
46.04.060 Hit and run bicyclist or pedestrian.
A. The operator of any vehicle which strikes any pedestrian or bicyclist shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to, and in every event remain at, the scene of such accident until he or she has fulfilled the requirements of RCW 46.52.020(3) as now enacted or hereinafter amended.
B. Any vehicle operator violating subsection A of this section in the case of an accident that results in nonfelony injuries to the bicyclist or pedestrian is guilty of a gross misdemeanor, and may be punished by a fine and/or imprisonment up to the maximum fine amount and term of imprisonment set forth in Section 10.04.080(A).
C. For purposes of this section, “nonfelony injuries” means that the accident resulted only in minor bruises, cuts, scrapes or similar injuries to the bicyclist or pedestrian.
D. For purposes of this section, “bicyclist” means any person operating or riding upon a bicycle.
E. The duties set forth in subsection A of this section shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying therewith.
F. If none of the persons who would otherwise be entitled to receive the information required by subsection A of this section are in condition to receive the information, and no police officer is present, the operator of any vehicle involved in such accident, after fulfilling all other requirements of subsection A of this section insofar as possible on his or her part to be performed, shall forthwith report such accident to the nearest office of the Everett police department and submit thereto the information specified in subsection A of this section. (Ord. 3236-11 § 5, 2011: Ord. 3134-09 § 2, 2009)