Chapter 9.01
STATE PROVISIONS ADOPTED—PENALTY FOR VIOLATIONS
Sections:
9.01.010 Washington Model Traffic Ordinance and other statutory provisions adopted by reference.
9.01.015 Duty to obey law enforcement officer—Authority of officer.
9.01.030 Penalties for violations.
9.01.040 Disposition of traffic penalties, fines, and forfeitures.
9.01.050 Acts constituting official misconduct—Penalty.
9.01.060 Filing of adopted provisions.
9.01.010 Washington Model Traffic Ordinance and other statutory provisions adopted by reference.
(a) The Washington Model Traffic Ordinance, Chapter 308-330 WAC, hereinafter referred to as “MTO,” one copy of which has been filed with the city clerk for use and examination by the public, is adopted by this reference as if fully set forth in this chapter except that WAC 308-330-408 relating to traffic laws, signs, signals, and markings shall not be adopted by reference.
(b) The following provisions of state law, one copy of which has been filed with the city clerk for use and examination by the public, are adopted by this reference as if fully set forth herein:
(1) RCW 46.09.040—Relating to use permits for off-road vehicles.
(2) RCW 46.09.050—Relating to exempt vehicles.
(c) The provisions of the MTO and other state statutes adopted by reference in this section together with the other provisions of this chapter shall constitute the traffic ordinance of the city of Othello and may be cited as such.
(d) The following sections of the Revised Code of Washington (RCW) pertaining to obedience to and effect of traffic laws, traffic signs, signals and markings as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.005, 46.61.015, 46.61.020, 46.61.022, 46.61.024, 46.61.025, 46.61.030, 46.61.035, 46.61.050, 46.61.055, 46.61.060, 46.61.065, 46.61.070, 46.61.072, 46.61.075, 46.61.080, 46.61.085, and 46.61.220. (Ord. 1593 § 2, 2023).
9.01.015 Duty to obey law enforcement officer—Authority of officer.
(a) Any person requested or signaled to stop by a law enforcement officer for a traffic infraction has a duty to stop.
(b) Whenever any person is stopped for a traffic infraction, the officer may detain that person for a reasonable period of time necessary to identify the person, check the status of the person’s license, insurance identification card, vehicle registration, and for outstanding arrest warrants, and complete and issue a notice of traffic infraction.
(c) Any person requested to identify himself to a law enforcement officer pursuant to an investigation of a traffic infraction has a duty to identify himself, give his current address, and sign an acknowledgment of receipt of the notice of infraction. (Ord. 1593 § 2, 2023).
9.01.030 Penalties for violations.
The penalty provisions of Chapter 308-330 WAC, by reference as if fully set forth in this chapter, are hereby adopted. (Ord. 1593 § 2, 2023).
9.01.040 Disposition of traffic penalties, fines, and forfeitures.
All monetary penalties collected upon an assessment thereof and 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 the traffic ordinance of the city of Othello shall be paid into the general fund. (Ord. 1593 § 2, 2023).
9.01.050 Acts constituting official misconduct—Penalty.
Failure, refusal or neglect on the part of any judicial or other officer or employee receiving or having custody of any such monetary penalty, fine or forfeiture of bail, either before or after a deposit in said general fund, to comply with the provisions of Section 9.01.040, shall constitute misconduct in office, and shall be grounds for removal therefrom, provided appropriate removal action is taken pursuant to law relating to such removal. (Ord. 1593 § 2, 2023).
9.01.060 Filing of adopted provisions.
Incident to the adoption of the MTO by reference, by the ordinance codified in this chapter and Chapters 9.04, 9.12, 9.30 and 9.34, one copy of the text of the adopted MTO and of other adopted statutes shall be filed for use and examination by the public in the office of the city clerk of the city of Othello prior to the adoption thereof, pursuant to RCW 35.21.180. (Ord. 1593 § 2, 2023).
9.01.070 Savings clause.
The adoption of Ordinance No. 1593 and all amendments subsequent thereto do not affect any pending or existing litigation and does not operate as an abatement or bar to any action or proceeding pending under or by virtue of the amended ordinance. (Ord. 1593 § 2, 2023).
9.01.080 Severability clause.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances, is not affected. (Ord. 1593 § 2, 2023).