Chapter 10.04 TRAFFIC CODE*

The provisions of this chapter relating to the operation of motor vehicles shall be applicable and uniform upon all persons operating vehicles upon the public highways of this city, except as otherwise specifically provided. (Ord. 708 § 37 (part), 1991)

10.04.030 Policy—Purpose.

It is declared to be the purpose and public policy of this city to cooperate with state authorities in every way that is reasonably possible in the enforcement of the Washington Highway License Act, the Washington Motor Vehicle Act, and the Model Traffic Ordinance and all other laws and regulations of the state relating to the equipment and operation of vehicles on the public highways of the city, and this code is enacted in furtherance of the purpose, and in the exercise of the police power of the city, to protect and preserve the public peace, health, safety and economic welfare, and all of its provisions shall be liberally construed for the accomplishment of these purposes. (Ord. 708 § 37 (part), 1991)

10.04.040 Definitions.

A. “Curb” means the lateral boundaries of that portion of the street designated or intended for the use of vehicles whether marked by curbing construction or not.

B. “Curb loading zone” means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

C. “Driver” means the rider, driver or leader of any animal, or any person who pushes, draws, propels, operates or is in actual physical control of a vehicle.

D. “Freight curbs loading zone” means a space adjacent to the curb for the exclusive use of vehicles during the loading or unloading of freight.

E. “Highway” means the entire width of the right-of-way of every road, street, alley, lane and boulevard, and the entire width between the boundary lines of every parking lot in every way or place in the city whether publicly or privately maintained, when any part thereof is open at any time to the use of the public for purposes of vehicular traffic.

F. “Passenger curb loading zone” means a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

G. “Right-of-way” means the privilege of the immediate use of the roadway or portion thereof.

H. “U-turn” means turning of a vehicle on an arc of one hundred eighty degrees to permit travel in the opposite direction on the same highway.

I. “Ways open to the public” means any road, alley, lane, parking area or any place private or otherwise adapted to and fitted for travel for motor vehicles, that is common use by the public with a consent express or implied of the owners and further any public playgrounds, school grounds, recreation grounds, park, parkways, park drives, park paths and wharfs, station grounds, public facilities and rights-of-way open to the use of the general public. (Ord. 708 § 37 (part), 1991)

10.04.050 Application to nonresidents.

Nonresident owners and operators of vehicles are granted the privilege of using the public highways of the city. Use of such public highway shall be deemed and construed to be an acceptance by such nonresident owners and operators of the provisions of this title. (Ord. 708 § 37 (part), 1991)

10.04.051 Application to bicycle riding, animal-drawn vehicles.

Every person riding a bicycle or an animal or driving any animal or operating any nature of conveyance or drawing any vehicle upon any public highway of the city shall be subject to the provisions of this title relating to the operation of vehicles and applicable to the operators of a vehicle except those provisions of the law which by their nature, can have no application. (Ord. 708 § 37 (part), 1991)

10.04.060 Exemptions.

The provisions of this title relating to the operation of vehicles upon the public highways of the city shall not apply:

A. To any authorized emergency vehicle properly equipped as required by law and actually responding to an emergency call or an immediate pursuit of an actual or suspected violator of the law, within the purpose for which such emergency vehicle has been authorized, but this shall not relieve the operator of an authorized emergency vehicle of the duty to operate with due regard for the safety of all persons using the public highway, nor shall it protect the operator of any emergency vehicle from the consequences of a reckless disregard for the safety of others; provided, that the provisions of this section shall in no event extend any special privilege or immunity to operate an authorized emergency vehicle for any purpose other than that for which it has been authorized;

B. To any person, teams, vehicles or other equipment while actually engaged in authorized work upon the surface of a public highway insofar as suspension of the provisions of this title is reasonably necessary for the carrying on of such work, if reasonable precautions are taken to apprise and protect the users of such public highways; but this exception shall not apply to such persons, teams, vehicles and other equipment when traveling to and from such work;

C. To any persons or vehicles, insofar as they may be specially exempted from any provisions or provision of this title. (Ord. 708 § 37 (part), 1991)

10.04.070 Public ways—Violations—Jurisdiction.

The city police department and its officers shall have jurisdiction and authority to enforce the provisions of this section, to make investigations regarding violations thereof, and to investigate accidents occurring upon ways open to the public and to public travel, and shall have the authority to impound vehicles upon ways open to the public, which constitute a hazard or an obstruction to traffic or where the owner is unknown or circumstances indicate the vehicle should be impounded for safe keeping or where the owner of the property requests the vehicle be removed from the premises. (Ord. 708 § 37 (part), 1991)

10.04.080 Compression brakes prohibited.

No person shall use motor vehicle brakes in the city which are in any way activated or operated by the compression of the engine of any such motor vehicle or any unit or part thereof. A violation of this section is a civil infraction. (Ord. 708 § 37 (part), 1991)

10.04.090 Inattentive driving.

It constitutes a civil traffic infraction for any person to operate a motor vehicle in an inattentive manner over and along the highways of the city. For the purposes of this section, to “operate in an inattentive manner” means the operation of a vehicle in a manner without regard to speed, which evidences a lack of degree of attentiveness required to safely operate a vehicle in a manner reasonable and prudent under the conditions and lacks full regard for the actual and potential hazards then existing. The civil offense of inattentive driving is considered to be a lesser offense than, but included in, the crime of operating a vehicle in a negligent manner, and any person charged with operating a vehicle in a negligent manner may be found liable for the lesser civil offense of operating a motor vehicle in an inattentive manner. (Ord. 708 § 37 (part), 1991)

10.04.100 Load limits.

A. By resolution, the Mukilteo city council shall designate certain roads within the city limits as “truck routes.”

B. Vehicles traveling on all other streets not listed by city council resolution shall be limited to a gross vehicle weight of ten thousand pounds with the following exceptions:

1. Local deliveries within the city of Mukilteo that cannot be served from a public street designated as a “truck route”;

2. Transit buses operating on designated transit routes on scheduled runs picking up passengers;

3. Emergency vehicles;

4. School buses.

C. Any violation of this chapter shall constitute a civil infraction subject to the rules and procedures of Chapter 7.80 RCW. (Ord. 1051 § 1, 2002: Ord. 708 § 37 (part), 1991)

10.04.110 Citations.

A peace officer may cite a person if the officer:

A. Observes the person commit a traffic infraction in his presence; or

B. While investigating at the scene of a motor vehicle accident, has reasonable cause to believe that the driver of the motor vehicle involved in the accident has committed in connection with the accident a violation of any traffic law or regulation; or

C. Otherwise acts in compliance with JTIR 2.2, RCW 10.31.100 or RCW 46.63.030. (Ord. 708 § 37 (part), 1991)

10.04.120 Penalties.

Any person who violates or fails to comply with any of the provisions of this chapter or who counsels, aids or abets any such violation or failure to comply, unless otherwise indicated in state statute, the model traffic ordinance or the city code, is civilly liable for a traffic infraction and shall be assessed a fine in accordance with RCW 46.63.110 and JTIR 6.2. (Ord. 708 § 37 (part), 1991)

10.04.130 Violators under sixteen.

Any person under the age of sixteen years violating sections of this title shall be cited to the Snohomish County Juvenile Court for investigation; provided, that violators between the ages of sixteen and eighteen are also so cited to the court if such is required by RCW 13.04.030. In the event the persons are remanded to city authorities by the juvenile court they may be tried and punished as otherwise provided in this title. (Ord. 708 § 37 (part), 1991)

10.04.140 Disposition of monetary penalties.

All monetary penalties collected from adjudication or upon forfeiture from any person charged with a violation of any of the provisions of the chapters codified in this title shall be paid into the general fund of the city. (Ord. 708 § 37 (part), 1991)

10.04.150 Official misconduct.

Failure, refusal or neglect on the part of any judicial or other officer employed receiving or having custody of any monetary penalty regulated in Section 10.04.140 to turn the money over to the city general fund constitutes misconduct in office and is grounds for removal therefrom; provided, that appropriate removal action is taken pursuant to state law relating to removal of public officials. (Ord. 708 § 37 (part), 1991)

10.04.160 Model Traffic Ordinance and state statutes adopted by reference and automatic amendment.

Unless otherwise provided herein those sections of the Revised Code of Washington (RCW) incorporated by reference in the “Washington Model Traffic Ordinance,” Chapter 308-330 WAC, hereinafter referred to as the “MTO,” and all future amendments, additions, renumbering or repeals of the same are adopted by reference as if set forth in full in this title. (Ord. 801 § 1, 1994: Ord. 708 § 37 (part), 1991)

10.04.170 Sections of MTO not adopted.

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

1. RCW 46.04.197—Definition of highway.

2. RCW 46.48.170—State Patrol authority—Rules and regulations.

3. WAC 308-330-255—Regulating parking meters.

4. WAC 308-330-270 and 308-330-275—Relating to Safety Commission.

5. WAC 308-330-500 through 308-330-540—Relating to bicycle licensing.

6. WAC 308-330-600 through 308-330-650—Regulating parking meters.

7. WAC 308-330-660—Service parking permit. (Ord. 1195 § 1, 2008: Ord. 801 § 2, 1994: Ord. 708 § 37 (part), 1991)

10.04.180 State statutes specifically incorporated by reference.

The following state statutes and any future amendments, additions or repeals thereof are specifically incorporated herein by this reference:

1. RCW 46.01.230 and 46.12.160 and the Laws of 1994, Chapter 262, Sections 1, 5.

2. RCW 46.20.710, 46.20.720, 46.20.730, 46.20.740, 46.55.113, 46.61.5151, 46.61.5152 and the Laws of 1994, Chapter 275, Sections 1, 14, 10, 21, 22, 23, 24, 32, 4-9, 39, 40.

3. RCW 46.16.381 and the Laws of 1994, Chapter 194, Sections 1, 6.

4. RCW 46.12.270 and the Laws of 1994, Chapter 139, Sections 2, 1.

5. The Laws of 1994, Chapter 141, Section 1. (Ord. 801 § 3, 1994: Ord. 708 § 37 (part), 1991)

10.04.190 Negligent driving.

A. It is unlawful for any person to operate a motor vehicle in a negligent manner within the city. For the purpose of this section, to “operate in a negligent manner” means the operation of a vehicle within the city in such a manner as to endanger or be likely to endanger any persons or property.

B. The offense of operating a vehicle in a negligent manner is considered a lesser offense than, but included in, the offense of operating a vehicle in a reckless manner, and any person charged with operating a vehicle in a reckless manner may be convicted of the lesser offense of operating a vehicle in a negligent manner. Any person violating the provisions of this section is guilty of a misdemeanor; provided, that such offense is not punishable by imprisonment but only by a fine not to exceed two hundred fifty dollars, exclusive of costs and assessments. (Ord. 708 § 37 (part), 1991)

10.04.200 One-way travel.

A. Fourth Street, between the Mukilteo Speedway (SR 525) and Lincoln, is designated for one-way traffic only, in an eastbound direction. The city public works department shall post appropriate signs designating the street as open to one-way traffic only. Upon posting of the appropriate signs, violation of this section shall constitute a traffic infraction and shall be punishable as such as provided in this chapter. (Ord. 864 § 1, 1995)