Chapter 11.04 TRAFFIC CODE

The “Washington Model Traffic Ordinance,” Chapter 308-330 WAC, hereinafter referred to as the “MTO,” is adopted by reference as the traffic code for the city, along with Sections 4, 5, 6, 7, 10, 11, 12 and 23 of Chapter 275, Laws of 1994 as it now reads or is hereafter amended, as if set forth in full in this section, except as provided in MMC 11.04.025. (Ord. 1989 § 2, 1994).

11.04.020 MTO sections not adopted.

The following sections in or of the MTO are not adopted by reference and are expressly deleted:

RCW 46.04.431 (definition of “highway”); WAC 308-330-210 (police administration); WAC 308-330-215 (duty of traffic division); WAC 308-330-250 (bicycle licenses); WAC 308-330-255 (parking meters); WAC 308-330-260, 308-330-265, 308-330-270, 308-330-275 (traffic engineer and safety commission); WAC 308-330-500, 308-330-505, 308-330-510, 308-330-515, 308-330-520, 308-330-525, 308-330-530, 308-330-535, 308-330-540, 308-330-560 (bicycle licensing); WAC 308-330-600, 308-330-610, 308-330-620, 308-330-630, 308-330-640, 308-330-650 (parking meters); WAC 308-330-660 (service parking). (Ord. 1989 § 4, 1994).

11.04.030 Definition of “highway.”

“Highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (Ord. 2565 § 1, 2005; Ord. 1306 § 2, 1983).

11.04.032 Maximum speed on SR 528.

(1) The maximum speed on SR 528 between mile post 0.49 (Alder Street vicinity) to mile post 0.80 (47th Avenue Northeast) unless otherwise posted, shall be 35 miles per hour. Violation of this section shall constitute a traffic infraction under RCW 46.61.400 and incorporated by the city.

(2) The maximum speed on SR 528 between mile posts 2.54 (74th Drive Northeast vicinity) and State Route 9 unless otherwise posted, shall be 45 miles per hour. Violation of this section shall constitute a traffic infraction under RCW 46.61.400 and incorporated by the city. (Ord. 2596 § 2, 2005).

11.04.033 Maximum speed on State Avenue.

(1) The maximum speed on State Avenue between Grove Street and 100th Street N.E., unless otherwise posted, shall be 30 miles per hour. Violation of this section shall constitute a traffic infraction under RCW 46.61.400 and incorporated by the city.

(2) The maximum speed on State Avenue between Bridge No. 539/25 and Grove Street, unless otherwise posted, shall be 30 miles per hour. Violation of this section shall constitute a traffic infraction under RCW 46.61.400 and incorporated by the city. (Ord. 2563 § 2, 2005; Ord. 2501 § 2, 2003).

11.04.035 Maximum speed in alleyways.

Unless otherwise posted, the maximum speed limit in all alleyways within the city shall be 10 miles per hour. Violation of this section shall constitute a traffic infraction. (Ord. 2429 § 1, 2002).

11.04.036 State law application – Limitations.

The state traffic laws regulating the speed of vehicles shall be applicable upon all streets within this city, except as this chapter, as authorized by state law, declares and determines upon the basis of engineering and traffic investigation that certain speed regulations shall be applicable upon specified streets or in certain areas, in which event it is unlawful for any person to drive a vehicle at a speed in excess of any speed so declared in this chapter when signs are in place giving notice thereof. (Ord. 2705 § 1, 2007).

11.04.037 Speed limit decreases and increases – Authorized.

(1) Whenever the Marysville public works director or his designee determines on the basis of an engineering and traffic investigation that the maximum speed limits permitted by law upon the public streets, roads or alleys of the city are greater or less than is reasonable and safe under the conditions found to exist upon a public street, road or alley, the public works director or his designated subordinate may determine and declare a reasonable and safe maximum speed limit thereon which may:

(a) Decrease the limit at intersections; or

(b) Increase the limit but not to more than 60 miles per hour; or

(2) Any decreased or increased speed limit as authorized by subsection (1) of this section shall be effective when appropriate signs giving notice thereof are erected. Such maximum speed limit may be declared to be effective at all times or at such times as are indicated upon such sign; and differing limits may be established for different times of the day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs. (Ord. 2705 § 1, 2007).

11.04.038 Change of existing speed limits – When effective.

Speed limits in effect on the date of the adoption of the ordinance codified in this section shall remain in effect until the director of public works shall change speed limits under the provisions of this chapter or when the Marysville city council shall, by ordinance, institute speed limit changes and when such changes, in either case, are posted. Any new speed limit will become effective upon posting consistent with the Manual on Uniform Traffic Control Devices (MUTCD) for streets and highways as adopted by WSDOT. No speed limit change is effective until posted. (Ord. 2705 § 1, 2007).

11.04.040 Use of compression brakes.

(1) No person shall use compression brakes while operating a motor vehicle upon any street where signs prohibit the use of compression brakes, except as such use is necessary in an emergency.

(2) Definitions.

(a) “Compression brakes” means a device which, when manually activated, retards the forward motion of a motor vehicle by the direct and sole use of the compression of the engine of the vehicle. “Compression brakes” are sometimes called “jake brakes.”

(b) An “emergency” contemplates that an immediate stoppage or slowing of the vehicle is necessary in order to prevent injury to persons or damage to property or to remedy an injury that has already occurred, and that friction brakes are either not available or would not have been as effective in bringing the vehicle to a stop or slowing it.

(c) This section shall not apply to vehicles of a municipal fire department/district, whether or not responding to an emergency, participating in an exercise in emergency management, or rendering assistance under a mutual aid pact.

(d) Violations of this section shall be punished as a traffic infraction. (Ord. 2294 § 1, 1999).

11.04.060 Inattention to driving.

It shall constitute a traffic infraction for any person to operate a motor vehicle in an inattentive manner over and along the highways of the city. For the purpose of this section, to operate in an inattentive manner shall be construed to mean the operation of a vehicle in a manner which, without regard to speed, is not reasonable and prudent under the conditions and without having regard to the actual and potential hazards then existing. The offense of inattention to driving shall be construed to be a lesser offense than, but included in, the offense of operating a vehicle in a negligent manner, and any person charged with operating a vehicle in a negligent manner may be convicted of the lesser offense of operating a motor vehicle in an inattentive manner. (Ord. 1306 § 2, 1983).

11.04.062 Short cutting prohibited.

It shall constitute a traffic infraction for any person to drive a motor vehicle across private property not owned by such person for the sole purpose of short cutting between two public streets, except under emergency circumstances or in compliance with directions of a police officer or traffic-control device. (Ord. 1794, 1990).

11.04.065 Entering restricted intersections prohibited.

(1) Definitions.

“Enter” means to cross the vertical plane of the edge of a prohibited roadway. It includes crossing the vertical plane by any part of a person’s body or any extension thereof including an object that enters the roadway through the action of a person.

“Marked crosswalk” has the same meaning as in RCW 46.04.290 as currently enacted or subsequently amended.

“Roadway” for the purposes of this chapter is the entire width of a street or highway between the curbs, including paved shoulders and bike lanes and excluding sidewalks.

(2) The following locations are designated restricted intersections:

(a) On-ramp or off-ramp to state route or interstate highway;

(b) Within 300 feet of the following intersections identified in Exhibit A, attached to the ordinance codified in this section and incorporated by reference:

(i) SR 528 and Cedar Avenue;

(ii) SR 528 and State Avenue;

(iii) SR 528 and 47th Avenue NE;

(iv) SR 528 and 67th Avenue NE;

(v) Grove Street and State Avenue;

(vi) 88th Street and State Avenue;

(vii) 92nd Street and State Avenue;

(viii) 100th Street and State Avenue;

(ix) 116th Street and State Avenue; and

(x) 172nd Street NE and 27th Avenue NE.

(3) It is a misdemeanor to enter the roadway of a restricted intersection except to cross the street at a marked crosswalk in obedience to a crosswalk signal.

(4) This section shall not apply to any law enforcement officer acting within the scope of his or her official duty, a city employee acting within the scope of his or her duties, a person responding to an emergency occurring in the roadway or seeking assistance for an emergency occurring in the roadway, or a person authorized by the city to be in the roadway under the authority of a permit issued pursuant to Chapter 5.46, 12.08 or 12.28 MMC, or similar authorization by the city. (Ord. 3079 § 1 (Exh. A), 2017).

11.04.070 Traffic fines and forfeitures – Disposition.

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 chapter shall be paid into the general fund of the city. (Ord. 1306 § 2, 1983).

11.04.080 Traffic fines and forfeitures – Official misconduct.

Failure, refusal or neglect on the part of any judicial or other officer or employee receiving or having custody of any fine or forfeiture of bail regulated in MMC 11.04.070, either before or after deposit in the general fund, to comply with the provisions of MMC 11.04.070, shall constitute misconduct in office and shall be grounds for removal therefrom, provided appropriate removal action is taken pursuant to state law relating to removal of public officials. (Ord. 1306 § 2, 1983).

11.04.085 Warrant checks.

In addition to any other authority granted to law enforcement officers by any federal, state or local law or regulation, law enforcement officers are authorized to search for outstanding warrants upon making a stop, or upon making contact with a person, for a traffic infraction or nontraffic infraction. (Ord. 2143 § 1, 1997).

11.04.090 Penalties for violation.

Any person who violates or fails to comply with any of the provisions of this title, or who counsels, aids or abets any such violation or failure to comply shall be civilly liable for a traffic infraction, or criminally liable for a misdemeanor or gross misdemeanor, depending upon the classification of such offense specified in RCW 46.63.020. Where an offense defined in this title is not included in state law, it shall be considered to be a misdemeanor.

The monetary penalty for traffic infractions defined by state law shall be as specified in RCW 46.63.110. The monetary penalty for traffic infractions not defined by state law shall be in an amount not to exceed $250.00. The criminal penalty for misdemeanors and gross misdemeanors shall be that specified in state law for said crime; provided, that in no event shall a fine or imprisonment exceed the statutory limits set by RCW 35A.11.020. In any case where state law specifically establishes limits on a penalty which are different than those established in the Marysville Municipal Code, state law shall control.

Notwithstanding any other provision of this section, the monetary penalty for a traffic infraction for a violation of MMC 6.76.060(8) shall be in an amount not to exceed $250.00. (Ord. 2255 § 2, 1999; Ord. 1421 § 3, 1985; Ord. 1306 § 2, 1983).

Article II. Impounds

11.04.100 Impoundment of vehicle where driver is arrested for violation of RCW 46.20.005, 46.20.015, 46.20.342, 46.20.420, 46.61.502, 46.61.504 – Period of impoundment.

(1) Whenever the driver of a vehicle is arrested for a violation of RCW 46.20.005, 46.20.015, 46.20.342, 46.20.420, 46.61.502 or 46.61.504, the vehicle is subject to impoundment at the direction of a police officer.

(2) Whenever the driver of a vehicle is arrested or cited for a violation of RCW 46.20.005, 46.20.015, 46.20.342, 46.20.420, 46.61.502 or 46.61.504, then the vehicle may be released as soon as all the requirements of MMC 11.04.110(1) are satisfied.

(3) If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(c) and the Washington Department of Licensing’s records show that the driver has been convicted one time of a violation of RCW 46.20.342 or similar local ordinance within the past five years, the vehicle shall be impounded for 15 days.

(4) If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(c) and the Washington Department of Licensing’s records show that the driver has been convicted two or more times of a violation of RCW 46.20.342 or similar local ordinance within the past five years, the vehicle shall be impounded for 30 days.

(5) If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of Licensing’s records show that the driver has not been convicted of a violation of RCW 46.20.342(1)(a) or (b) or similar local ordinance within the past five years, the vehicle shall be impounded for 30 days.

(6) If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of Licensing’s records show that the driver has been convicted one time of a violation of RCW 46.20.342(1)
(a) or (b) or similar local ordinance once within the past five years, the vehicle shall be impounded for 60 days.

(7) If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of Licensing’s records show that the driver has been convicted of a violation of RCW 46.20.342(1)(a) or (b) or similar local ordinance two or more times within the past five years, the vehicle shall be impounded for 90 days. (Ord. 2221 § 1, 1998).

11.04.110 Redemption of impounded vehicles.

Vehicles impounded by the city shall be redeemed only under the following circumstances:

(1) Only the registered owner, a person authorized by the registered owner, or one who has purchased the vehicle from the registered owner, who produces proof of ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to MMC 11.04.100 must prior to redemption establish that he or she has a valid driver’s license and is in compliance with RCW 46.30.020. A vehicle impounded pursuant to MMC 11.04.100(3) through (7) can be released only pursuant to a written order from the court.

(2) Any person so redeeming a vehicle impounded by the city shall pay the towing contractor for costs of impoundment removal, towing and storage prior to redeeming such vehicle, except as provided for by subsection (3) of this section. Such towing contractor shall accept payment as provided in RCW 46.55.120(1)(b) as now or hereafter amended. If the vehicle was impounded pursuant to MMC 11.04.100 and was being operated by the registered owner when it was impounded, it may not be released to any person until all penalties, fines or forfeitures owed by the registered owner have been satisfied.

(3) The municipal court is authorized to release a vehicle impounded pursuant to MMC 11.04.100(3) through (7) prior to the expiration of any period of impoundment upon petition of the spouse of the driver based on economic or personal hardship to such spouse resulting from the unavailability of the vehicle and after consideration of the threat to public safety that may result from release of the vehicle including, but not limited to, the driver’s criminal history, driving record, license status, and access to the vehicle. If such release is authorized, the person redeeming the vehicle still must satisfy the requirements of subsections (1) and (2) of this section.

(4) Any person seeking to redeem a vehicle impounded as a result of a parking or traffic citation has a right to a municipal court hearing to contest the validity of an impoundment or the amount of removal, towing, and storage charges if such request for hearing is in writing, in a form approved by the municipal court and signed by such person, and is received within 10 days (including Saturdays, Sundays and holidays) of the date the notice was given to such person by the registered tow truck operator pursuant to RCW 46.55.120(2)(a). Such hearing shall be provided as follows:

(a) If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under MMC 11.04.100, have been satisfied, then the impounded vehicle shall be released immediately and a hearing as provided for in MMC 11.04.120 shall be held within 90 days of the written request for hearing.

(b) If not all of the requirements to redeem the vehicle, including expiration of any period of impoundment under MMC 11.04.100, have been satisfied, then the impounded vehicle shall not be released until after the hearing provided pursuant to MMC 11.04.120, which shall be held within two business days (excluding Saturdays, Sundays and holidays) of the written request to the court for hearing.

(c) Any person seeking a hearing who has failed to request such hearing within the time specified in subsection (4) of this section may petition the municipal court for an extension of time to file a request for hearing. Such extension shall only be granted upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed. For the purposes of this section, good cause shall be defined as circumstances beyond the control of the person seeking the hearing that prevented such person from filing a timely request for hearing. In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with this chapter.

(d) If a person fails to file a timely request for hearing and no extension to file such a request has been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment are deemed to be proper, and the city shall not be liable for removal, towing, and storage charges arising from the impoundment. (Ord. 2221 § 2, 1998).

11.04.120 Post-impoundment hearing procedure.

Hearings requested pursuant to MMC 11.04.110 shall be held in the municipal court, which court shall determine whether the impoundment was proper and whether the associated removal, towing, and/or storage fees were proper.

(1) At the hearing, an abstract of the driver’s driving record is admissible without further evidentiary foundation and is prima facie evidence of the status of the driver’s license, permit, or privilege to drive and that the driver was convicted of each offense shown on the abstract. In addition, a certified vehicle registration of the impounded vehicle is admissible without further evidentiary foundation and is prima facie evidence of the identity of the registered owner of the vehicle.

(2) If the impoundment is found to be proper, the court shall enter an order so stating. In the event that the costs of impoundment, removal, towing, and storage have not been paid or any other applicable requirements of MMC 11.04.110(2) have not been satisfied or any period of impoundment under MMC 11.04.100 has not expired, the court’s order shall also provide that the impounded vehicle shall be released only after payment to the city of any fines imposed on any underlying traffic or parking infraction and satisfaction of any other applicable requirements of MMC 11.04.110(2).

(3) If the impoundment is found to be improper, the court shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment have already been paid, the court shall enter judgment against the city and in favor of the person who has paid the costs of impoundment in the amount of the costs of the impoundment.

(4) In the event that the court finds that the impound was proper, but that the removal, towing and storage fees charged for the impoundment were improper, the court shall determine the correct fees to be charged. If the costs of impoundment have been paid, the court shall enter a judgment against the city and in favor of the person who has paid the costs of impoundment for the amount of the overpayment.

(5) No determination of facts made at a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution and such determination shall not preclude litigation of those same facts in a subsequent criminal prosecution.

(6) As to any impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.420, if it is determined to be improper, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records of the department in ascertaining that the operator of the vehicle had a suspended or revoked driver’s license. (Ord. 2221 § 3, 1998).

11.04.130 Effective date.

This article shall take effect and be in force as of midnight between December 31, 1998 and January 1, 1999. (Ord. 2221 § 4, 1998).