Chapter 10.04 TRAFFIC REGULATIONS

Chapter 10.04
TRAFFIC REGULATIONS

Sections:

10.04.010 Model Traffic Ordinance adopted.

10.04.020 Adoption of provisions not part of MTO.

10.04.030 Statutes on file with clerk-treasurer.

10.04.050 Impoundment provisions implemented.

10.04.010 Model Traffic Ordinance adopted.

The Washington Model Traffic Ordinance (“MTO” herein) promulgated by the Director of the Department of Licensing pursuant to RCW 46.90.010 and codified at Chapter 308-330 WAC, and further published by Municipal Research and Services Center of Washington as Report No. 55 in April 2002, is adopted by reference as if fully set forth in this chapter in accordance with the authority granted by RCW 35A.13.180, 46.90.005 and 46.90.010. The following sections of the MTO are amended and/or deleted as follows:

A. WAC 308-330-510 is amended to provide as follows:

(1) The Chief of Police upon receiving proper application therefor is authorized to issue a bicycle license which shall be effective for so long as the bicycle is owned by the same individual.

B. WAC 308-330-240 relating to “Traffic Accident Reports” is deleted. (Ord. 3842 § 1, 2015; Ord. 3496 § 1, 2002; Ord. 3237 § 1, 1994; Ord. 3235 § 1, 1994; Ord. 3217 § 1, 1993; Ord. 3186 § 1, 1992; Ord. 3045 § 1, 1986)

10.04.020 Adoption of provisions not part of MTO.

The city adopts by reference Chapter 46.55 RCW, “Towing and Impoundment.” (Ord. 3842 § 1, 2015; Ord. 3045 § 2, 1986)

10.04.030 Statutes on file with clerk-treasurer.

Incident to the adoption of the MTO by reference, by the ordinance codified in this chapter, one copy of the text of the adopted statutes as identified in Section 10.04.010 shall be filed with the clerk-treasurer as required by RCW 35A.13.180 for use and examination by the public; provided, however, pursuant to RCW 46.90.010 subsequent amendments to Chapter 46.90 RCW by the State Legislature shall become a part of the city’s “MTO” when effective without further filings. (Ord. 3842 § 1, 2015; Ord. 3045 § 4, 1986)

10.04.040 Speed limits in alleys.

No person shall operate a motor vehicle at a rate of speed in excess of ten miles per hour in an alley. (Ord. 3842 § 1, 2015; Ord. 3045 § 3(B), 1986)

10.04.050 Impoundment provisions implemented.

A. A vehicle may be impounded by registered tow truck operator at the direction of city of Kelso law enforcement officers or limited commission officers authorized under Section 2.32.050 under the following circumstances:

1. When authorized under Chapter 46.55 RCW;

2. Pursuant to RCW 46.55.113, whenever the driver of the vehicle is arrested for a violation of RCW 46.20.342 or 46.20.345;

3. Pursuant to RCW 46.55.360, whenever driver of a vehicle has been arrested for a violation of RCW 46.61.502 or 46.61.504;

4. Pursuant to RCW 46.55.240, whenever the law enforcement officer has probable cause to believe that the vehicle or its contents constitute evidence of a crime, if impoundment is necessary in such instance to obtain or preserve such evidence;

5. Pursuant to RCW 46.55.240, when a vehicle is parked in a public right-of-way or other publicly owned or controlled property in violation of any law, ordinance or regulation, and there are two or more notices of parking infraction issued against the vehicle and for each of which no person has responded, appeared at a requested hearing, or paid an adjudicated parking infraction for at least forty-five days from the date of the filing of the notice of parking infraction;

6. Pursuant to RCW 46.55.085, when an unauthorized vehicle is left upon a city street, publicly owned or controlled parking facility, or publicly owned property in violation of this code or in violation of any other ordinance, law or regulation, after the owner or operator of such vehicle has been cited for such violation and after a notice of impoundment, pursuant to RCW 46.55.085, has been securely attached to and conspicuously displayed on such vehicle for a period of twenty-four hours prior to impoundment; provided, that if the vehicle has current vehicle license and tabs, the law enforcement officer shall also check electronic and/or other appropriate reasonably available records to ascertain the identity of the last owner of record and shall make a reasonable effort to contact the owner in person or by telephone to notify the owner of the proposed impoundment.

B. The chief of police or a designee is authorized to provide written direction to hold the vehicle for the time periods provided for and specified in local ordinance or state law. The city adopts the impound periods as set forth in Chapter 204-96 WAC and adopts this chapter of the WAC fully by reference. (Ord. 3911 § 2, 2018; Ord. 3842 § 1, 2015; Ord. 3398 § 1, 1998)