Chapter 10.04
GENERAL TRAFFIC PROVISIONS
Sections:
10.04.030 Traffic safety committee--Established.
10.04.040 Traffic safety committee--Powers and duties.
10.04.050 Traffic control device--Replacement.
10.04.070 Public highways defined.
10.04.080 Disposition of fines.
10.04.010 Scope of title.
A. The provisions of this title relating to the operation of vehicles shall be applicable and uniform upon all persons operating vehicles upon the public highways of this city except as otherwise specifically provided.
B. Every person riding a bicycle or animal or driving any animal or operating any nature of conveyance or drawing any vehicle upon any public highway of this city shall be subject to the provisions of this title relating to the operation of vehicles and applicable to the operator of a vehicle, except those provisions of the law which, by their nature, can have no application. (Ord. 1389 §1 (part), 2009)
10.04.020 Enforcement.
A. Any peace officer empowered to serve legal process or enforce any law pertaining to highway travel or any peace officer hired and commissioned by the city council shall have the power to enforce the provisions of this title.
B. The provisions of this title shall govern all peace officers with regard to the apprehension and arrest of persons violating this title in regard to making arrests without warrant for offenses committed in their presence. (Ord. 1389 §1 (part), 2009)
10.04.030 Traffic safety committee--Established.
The city council shall appoint by resolution a traffic safety committee, comprised of, but not limited to, the mayor, public works supervisor, and chief of police. (Ord. 1457 §2(part), 2015; Ord. 1389 §1 (part), 2009)
10.04.040 Traffic safety committee--Powers and
duties.
A. Authority to erect regulatory signs except on such streets that form a part of the route of a primary or secondary state highway upon which the state law requires the State Highway Commission to install, operate, maintain and control traffic control devices, whenever any ordinance or resolution of this city designates and describes an arterial street, fire lane, parking zones and crossings, pedestrian crosswalks, and use of public right-of-way. It shall be the duty of the traffic safety committee to recommend to the city council the placement and maintenance of regulatory signs or markings.
B. Every regulatory sign and/or traffic control device to be erected or maintained upon any city street or public right-of-way shall be authorized by the city council and be consistent with the provision of state law, city ordinance and conform to the standards of the State Highway Commission and the Washington State Manual on Uniform Traffic Control Devices. (Ord. 1389 §1 (part), 2009)
10.04.050 Traffic control device--Replacement.
A. Whenever official traffic control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
B. Any traffic control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence. (Ord. 1389 §1 (part), 2009)
10.04.060 Statutes adopted.
A. The Washington Model Traffic Ordinance, Chapter 46.90 RCW (hereinafter the “MTO”), except as excluded in subsection B of this section, is adopted by reference as and for the traffic ordinance of this city as if set forth in full.
B. Those sections of RCW Title 46 listed in RCW 46.63.020 are excluded from adoption in the municipal code.
C. The clerk-treasurer is directed to maintain a copy of the statute on file for the use and inspection by the public during regular city business hours. (Ord. 1389 §1 (part), 2009)
10.04.070 Public highways defined.
For the purposes of construing RCW 46.20.308, “public highway,” as defined in RCW 46.04.431, shall be deemed also to include public and private parking lots, alleys and the ways around service stations which are available to the public for vehicular travel or parking. (Ord. 1389 §1 (part), 2009)
10.04.080 Disposition of fines.
All fines, forfeitures or penalties collected upon conviction or upon forfeitures of bail or upon entry of judgment that an infraction was committed by any person charged with a violation of any of the provisions of this chapter shall be paid into the general fund of the city. (Ord. 1389 §1 (part), 2009)
10.04.090 Copies on file.
Incident to the adoption of this chapter, copies of the text of the MTO and of other statutes adopted in this chapter by reference shall be filed as required by RCW 35A.12.140 for the use and examination by the public. (Ord. 1389 §1 (part), 2009)
10.04.100 Violation--Penalty.
Other than for traffic infractions, 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 five thousand dollars or by imprisonment not to exceed twelve months or both. (Ord. 1389 §1 (part), 2009)