Chapter 10.04
TRAFFIC

Sections:

10.04.010  Adoption of state traffic statutes – Infractions.

10.04.020  Inattentive driving.

10.04.030  Unmuffled compression brakes prohibited.

10.04.040  Adoption of state traffic statute – Criminal offenses.

10.04.080  Adoption of state statutes regulating disposition of traffic infractions.

10.04.090  State and city traffic regulations – Enforcement jurisdiction.

Legislative history: Ords. 84-3, 84-7, 84-31, 84-38, 85-80, 87-151, 91-250, 97-407 and 99-461.

10.04.010 Adoption of state traffic statutes – Infractions.

A. The following state traffic statutes, or as hereafter amended, are hereby adopted by reference as if set forth in full:

RCW

46.12.101(2) and (5) Transfer of ownership, how perfected.

46.16.010 Licenses and plates required –Exceptions.

46.16.065 Small trailer license fee – Conditions.

46.16.135 Monthly tonnage license – Penalty.

46.16.240 Attachment of plates to vehicles – Violations enumerated.

46.16.260 License registration certificate/ maximum gross weight license – Signature required – Carried in vehicle – Penalty – Inspection – Exception.

46.16.380 License plates, cards, and decals for certain disabled persons – Qualifications – Transfer of vehicle fees – Rules – Violations, penalties and defense.

46.16.505 Campers – License and plates – Application – Fees.

46.20.041 Physically or mentally disabled persons – Procedure – Restrictions – Violations – Penalty.

46.20.055 Instruction permits and temporary licenses.

46.20.190 License to be in immediate possession and displayed on demand.

46.20.343 Unlawful to allow unauthorized minor child or ward to drive.

46.20.344 Unlawful to allow unauthorized person to drive.

46.20.500 Special endorsement for motorcycle operator’s license – Moped exception.

46.37.010 Scope and effect of regulations –General penalty.

46.37.020 When lighted lamps and signaling devices are required.

46.37.070 Stop lamps and turn signals required.

46.37.140 Lamps, reflectors, and flags on projecting load.

46.37.180 Spot lamps and auxiliary lamps.

46.37.190 Red lights on emergency vehicles, school buses, private carrier buses – Colored lights and sirens on emergency and law enforcement vehicles – Driver’s duty to yield and stop.

46.37.230 Use of multiple-beam road-lighting equipment.

46.37.390 Mufflers, prevention of noise – Smoke and air contaminants – Standards – Definitions.

46.37.420 Restrictions as to tire equipment.

46.37.425 Authority of state commission on equipment with reference to tires – Rules and regulations – Penalty.

46.37.490 Safety load chains and devices required.

46.37.522 Motorcycles and motor-driven cycles – When head lamps and tail lamps to be lighted.

46.37.530 Motorcycles or motor-driven cycles – Mirrors, glasses, goggles, face shields, and helmets – Regulations and specifications by State Commission on Equipment.

46.44.070 Drawbar requirements – Trailer whipping or weaving – Towing flag.

46.44.080 Local regulations – State highway regulations.

46.44.105 Enforcement provisions – Penalties, suspensions, fines, and forfeitures – Jurisdiction – Disposition of penalty assessments – Confiscation, revocation, and cancellation of permits – Rules.

46.52.030 Accident reports.

46.52.088 Reports – False information.

46.61.050 Obedience to and required traffic-control devices.

46.61.060 Pedestrian control signals.

46.61.080 Interference with official traffic-control devices or railroad signs or signals.

46.61.100 Drive on right side of roadway – Exceptions.

46.61.110 Overtaking a vehicle on the left.

46.61.115 When overtaking on the right is permitted.

46.61.120 Limitations on overtaking on the left.

46.61.125 Further limitations on driving to left of center of roadway.

46.61.135 One-way roadways and rotary traffic island.

46.61.140 Driving on roadways lanes for traffic.

46.61.145 Following too closely.

46.61.150 Driving on divided highways.

46.61.180 Vehicle approaching intersection.

46.61.190 Vehicle entering stop or yield intersection.

46.61.195 Arterial highways designated – Stopping on entering.

46.61.205 Vehicle entering highway from private road or driveway.

46.61.210 Operation of vehicles on approach of authorized emergency vehicles.

46.61.235 Pedestrians’ right-of-way in crosswalks.

46.61.250 Pedestrians on roadways.

46.61.266 Pedestrians under the influence of alcohol or drugs.

46.61.290 Required position and method of turning at intersections.

46.61.295 "U" turns.

46.61.300 Starting parked vehicle.

46.61.305 Turning, stopping, moving right or left – Signals required – Improper use prohibited.

46.61.310 Signals by hand and arm or signal lamps.

46.61.365 Emerging from alley, driveway, or building.

46.61.370 Overtaking and passing school bus.

46.61.385 School patrol – Appointment – Authority – Finance – Insurance.

46.61.400 Basic rule and maximum limits.

46.61.425 Minimum speed regulation – Passing slow moving vehicle.

46.61.519 Alcoholic beverages – Drinking or open container in vehicle on highway – Exceptions.

46.61.570 Stopping, standing, or parking prohibited in specified places –Reserving portion of highway prohibited.

46.61.610 Riding on motorcycles.

46.61.611 Riding on motorcycles – Maximum height for handlebars.

46.61.612 Riding on motorcycles – Both feet not to be on same side.

46.61.615 Obstructions to driver’s view or driving mechanism.

46.61.625 Riding in trailers.

46.61.645 Throwing or depositing glass, etc., on highway prohibited – Removal.

46.61.655 Permitting escape of load materials.

46.61.660 Carrying persons or animals on outside part of vehicle.

46.61.670 Driving with wheels off roadway.

46.61.687 Child passenger restraint required – Conditions – Penalty for violation – Dismissal – Noncompliance not negligence.

46.90.545 Bicycles – Obedience to traffic control devices.

46.61.688 Safety belts, use required – Penalties – Exemptions.

46.20.015 Driving without a license – Traffic infraction, when.

46.20.021(3) Possession of more than one valid driver’s license at a time.

46.20.021(4) Failure to obtain a Washington driver’s license.

46.30.020 Liability insurance or other financial responsibility required – Violations – Exceptions.

B. Failure to perform any act required or the performance of any act prohibited in this section is designated as a traffic infraction and shall be punished by a monetary penalty of not more than $250.00.

10.04.020 Inattentive driving.

A. It is unlawful for any person to operate a motor vehicle within the city in an inattentive manner. For the purposes of this section, "inattentive manner" means the operation of a motor vehicle in a manner which evidences a lack of the degree of attentiveness required to safely operate the vehicle under the prevailing conditions of the roadway, presence of other traffic, presence of pedestrians and weather conditions.

B. The offense of operating a motor vehicle in an inattentive manner shall be considered to be a lesser offense than, but included in the offense of operating a motor vehicle in a negligent manner, and shall be subject to the penalty provided in the applicable bail schedule adopted by the district court.

10.04.030 Unmuffled compression brakes prohibited.

A. It is unlawful for any person to use motor vehicle brakes on any public way in the city which are in any way activated or operated by the unmuffled compression of the engine of any such motor vehicle or any component thereof.

B. Bona fide emergency vehicles owned by a public entity and equipped and licensed in compliance with state law shall be exempt from the provisions in this section.

C. The use of unmuffled compression brakes prohibited in this section is designated as a traffic infraction and shall be punished by a monetary penalty of not more than $250.00. (Ord. 2005-624 § 1)

10.04.040 Adoption of state traffic statute – Criminal offenses.

A. By adopting state statutes, the city intends to assume jurisdiction over and become the jurisdictional authority for the enforcement and prosecution of misdemeanor and gross misdemeanor crimes. Whenever the word "state" shall appear in any statute adopted by reference in this section, the word "city" shall be substituted therefor; provided, however, the term "city" shall not be substituted for the term "state" in those circumstances which set forth administrative or licensing duties of the state and its subdivisions.

B. Whenever a state statute specifically adopted in this section refers to another state statute not specifically adopted in this section, the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this section.

C. If any subsection, sentence, or provision of this section, or its application to any person or circumstance is held invalid, the remainder of this section, or the application of the section, subsection, sentence or provision to other persons or circumstances is not affected, and to this end, the subsections, sentences, and provisions of this section are declared to be severable.

D. When issuing a citation, information, or complaint for the violation of any section of the RCW adopted by this section, it shall be sufficient for a commissioned officer or prosecutor to cite to and refer to the RCW section number.

E. The following RCW sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full:

RCW

46.16.010 Licenses and plates required – Penalties – Exceptions.

46.20.005 Driving without a license – Misdemeanor, when.

46.20.342 Driving while license invalidated – Penalties – Extension of invalidation.

46.20.345 Operation under other license or permit while license suspended or revoked – Penalty.

46.52.010 Duty on striking unattended car or other property – Penalty.

46.52.020 Duty in case of personal injury or death or damage to attended vehicle or other property – Penalties.

46.61.500 Reckless driving – Penalty.

46.61.502 Driving under the influence.

46.61.503 Driver under twenty-one consuming alcohol – Penalties.

46.61.504 Physical control of vehicle under the influence.

46.61.5249 Negligent driving – First degree.

46.61.525 Negligent driving – Second degree.

(Ord. 2005-616 § 5)

10.04.080 Adoption of state statutes regulating disposition of traffic infractions.

The following state statutes regulating the disposition of traffic infractions, or as hereafter amended, are hereby adopted by reference as if set forth in full:

RCW

46.63.030 Notice of traffic infraction – Issuance.

46.63.060 Notice of traffic infraction – Determination final unless contested – Form. (Effective until July 1, 1984.)

46.63.060 Notice of traffic infraction – Determination final unless contested – Form. (Effective July 1, 1984.)

46.63.070 Response to notice of traffic infraction – Contesting determination – Hearing – Failure to respond or appear. (Effective until July 1, 1984.)

46.63.070 Response to notice of traffic infraction – Contested determination – Hearing – Failure to respond or appear. (Effective July 1, 1984.)

46.63.080 Hearings – Rules of procedure – Counsel.

46.63.090 Hearings – Contesting determination that infraction committed – Appeal.

46.63.100 Hearings – Explanation of mitigating circumstances.

46.63.110 Monetary penalties. (Effective until July 1, 1984.)

46.63.110 Monetary penalties. (Effective July 1, 1984.)

46.63.140 Presumption regarding stopped, standing, or parked vehicles.

10.04.090 State and city traffic regulations – Enforcement jurisdiction.

A. All traffic offenses and infractions defined and/or adopted in this chapter shall be enforceable upon every city street, highway and public way within the city of Mill Creek.

B. "City street" has the same definition as in RCW 46.04.120.

C. "Highway" has the same definition as in RCW 46.04.431.

D. "Public way" is defined as any road, alley, lane, right-of-way, parking area, parking lot, or any place, private or otherwise, adapted to and fitted for travel, that is in common use by the public with the consent, express or implied, of the owner(s) thereof.

E. This section shall be liberally construed to advance the public safety and health and to supplement the State Vehicle Code, enabling broader application of its regulations. This section shall not be construed to limit, in any fashion, the existing enforcement authority of the city or its departments.