Chapter 16.52
VIOLATIONS
Sections:
16.52.020 Service of traffic citation and notice to appear in court.
16.52.030 Traffic citations – Disposition.
16.52.040 Traffic citations – Illegal cancellation.
16.52.050 Traffic citations – Audit of records – Reports.
16.52.060 Notice on illegally parked vehicle – Generally.
16.52.070 Notice on illegally parked vehicle – Noncompliance.
16.52.080 Presumption of ownership of illegally parked vehicle.
16.52.090 Warrant for arrest – Issuance to residents, nonresidents.
16.52.100 Disposition of traffic fines and forfeitures.
16.52.110 Official misconduct.
16.52.020 Service of traffic citation and notice to appear in court.
(a) Whenever any person is arrested for any violation of this title, except those mentioned in subsection (b) hereof, the arresting officer may serve upon him a traffic citation and notice to appear in court. Such citation and notice shall conform to the requirements and be handled and disposed of in accordance with the Traffic Rules for Courts of Limited Jurisdiction and RCW 46.64.010. The arrested person may secure release, if permitted by the arresting officer, by giving his written promise to appear in court as required by the citation and notice by signing in the appropriate place the written citation and notice served by the arresting officer. Upon the arrested person’s failing or refusing to sign such written promise, he may be taken into custody of such arresting officer and so remain or be placed in confinement. Any person who cancels or solicits the cancellation of any traffic citation otherwise than as provided in this section is guilty of a violation of this title.
(b) The provisions of subsection (a) of this section shall not apply to any person arrested and charged with an offense causing or contributing to an accident resulting in injury or death to any person or to any person charged with reckless driving, or to any person charged with driving while under the influence of intoxicating liquor or narcotic or other drugs, or to any person who the arresting officer has good cause to believe has committed any felony, and the arresting officer shall take such person to the county jail to be booked. (Ord. 505 § 95, 1964).
16.52.030 Traffic citations – Disposition.
(a) Every police officer upon issuing a traffic complaint and citation to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of this city shall deposit the complaint and the abstract of court record copy of such traffic complaint and citation with his immediate superior officer, who shall cause the original to be delivered to the municipal court or to the traffic violations bureau. The police record copy of the traffic complaint and citation shall be retained in the traffic citation book and shall be delivered by such superior officer to the clerk-treasurer together with such book when all traffic complaints and citations therein have been used.
(b) Upon the filing of such original citation in the municipal court, the citation may be disposed of only by trial in the court or by other official action by a judge of the court, including forfeiture or by payment of a fine to the traffic violations bureau of the court.
(c) The police chief shall require the return to him of each traffic complaint and citation and all copies thereof, except that copy required to be retained in the book as provided herein, which has been spoiled or upon which any entry has been made and has not been issued to an alleged violator.
(d) The police chief shall also maintain or cause to be maintained in connection with every traffic complaint and citation issued by a member of the police department a record of the disposition of the charge by the municipal court or its traffic violations bureau.
(e) The police chief shall also maintain or cause to be maintained a record of all warrants issued by the municipal court or by any other court on the traffic violation charges and which are delivered to the police department for service, and of the final disposition of all such warrants.
(f) It is unlawful and official misconduct for any member of the police department or other officer or public employee to dispose of, alter or deface a traffic citation or any copy thereof, or the record of the issuance or disposition of any traffic citation, complaint, or warrant, in a manner other than as required in this section. (Ord. 597 § 1, 1969; Ord. 505 § 96, 1964).
16.52.040 Traffic citations – Illegal cancellation.
It is unlawful for any person to cancel or solicit the cancellation of any traffic citation in any manner other than as provided by this chapter. (Ord. 505 § 97, 1964).
16.52.050 Traffic citations – Audit of records – Reports.
(a) Every record of traffic citations, complaints, thereon, and warrants issued therefor required in this chapter shall be audited at least quarterly by the clerk-treasurer who shall submit a report of such audit together with a summary thereof to the mayor and city council. Such reports shall be public records.
(b) For the purpose of this chapter, the clerk-treasurer or his duly authorized representative shall have access at all times to all necessary records, files and papers of the municipal court, its traffic violations bureau, and the police department. (Ord. 505 § 98, 1964).
16.52.060 Notice on illegally parked vehicle – Generally.
Whenever any motor vehicle without driver is found parked, angle parked or stopped in violation of any of the restrictions imposed by ordinance of this city, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a notice in writing, on a form provided by the city, for the driver to answer to the charge against him within 24 hours, at a place specified in the notice. The officer shall deposit the complaint and the abstract of court record copy of such traffic complaint and citation with the police judge or municipal traffic judge, as the case may be, of the city or town having jurisdiction over the offense or with its traffic violations bureau. (Ord. 597 § 2, 1969; Ord. 505 § 99, 1964).
16.52.070 Notice on illegally parked vehicle – Noncompliance.
If a violator of the restrictions on stopping, standing or parking under the traffic laws or ordinances does not appear in response to a notice affixed to such motor vehicle within a period of 24 hours, the traffic violations bureau shall send to the owner of the motor vehicle to which the notice was affixed a letter informing him of the violations and warning him that in the event such letter is disregarded for a period of five days, a warrant of arrest will be issued. (Ord. 505 § 100, 1964).
16.52.080 Presumption of ownership of illegally parked vehicle.
(a) In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.
(b) The foregoing stated presumption shall apply only when the procedure as prescribed in FMC 16.52.060 and 16.52.070 has been followed. (Ord. 505 § 101, 1964).
16.52.090 Warrant for arrest – Issuance to residents, nonresidents.
(a) Residents. The court shall issue a warrant for the arrest of any defendant who is a resident of this state and who has failed to appear before the court or the traffic violations bureau either in person or by counsel in answer to a traffic complaint and citation upon which he has given his written promise to appear. If the warrant is not executed within 30 days after issue, the court shall make an entry of the notification on the docket, and may add a charge against the defendant for failure to appear after a written promise to do so and mark the case closed, subject to being reopened when the appearance of the defendant is thereafter obtained.
(b) Nonresidents. If a nonresident defendant fails to appear before the court or the traffic violations bureau either in person or by counsel in answer to a traffic complaint and citation upon which he has given his written promise to appear, the court shall mail a notice to the defendant at the address stated in the complaint and citation requesting him to abide by his promise and appear in person or by counsel on a day certain, and notifying him that his failure to appear after a written promise to do so is a misdemeanor for which he may also be charged. If the nonresident defendant fails to respond within 30 days after the date set in the notice, the court shall issue a warrant for his arrest and shall make an entry of the notification on the docket, and may add a charge against the defendant for failure to appear after a written promise to do so, and mark the case closed, subject to being reopened when the appearance of the defendant is thereafter obtained. (Ord. 505 § 102, 1964).
16.52.100 Disposition of traffic fines and forfeitures.
All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this title shall be paid into the general fund of the city. (Ord. 505 § 103, 1964).
16.52.110 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 of bail, either before or after a deposit in the city general fund, to comply with the provisions of FMC 16.52.100 shall constitute misconduct in office and shall be ground for removal therefrom, provided appropriate removal action is taken pursuant to state law relating to removal of public officials. (Ord. 505 § 104, 1964).