Chapter 9.05
TRAFFIC CODE

Sections:

9.05.010    Repealed.

9.05.011    Adoption of Model Traffic Ordinance (after July 1, 1994).

9.05.015    Additional code sections adopted by reference.

9.05.016    Repealed.

9.05.020    Repealed.

9.05.030    Repealed.

9.05.040    Repealed.

9.05.045    Taxicabs, for-hire vehicles, and other vehicles.

9.05.050    Commercial parking prohibited.

9.05.060    Parking wide vehicles on certain streets.

9.05.062    Repealed.

9.05.065    Interference with postal service.

9.05.070    Pedestrian obstruction of traffic.

9.05.080    Parking a motor vehicle on the roadway or in a manner which impedes traffic – Exceptions.

9.05.090    Parking restrictions – Authority to identify restrictive zones.

9.05.100    Compression brake use.

9.05.110    Parking in fire lanes prohibited.

9.05.115    Designation of authority.

9.05.116    Parking restrictions.

9.05.120    Monetary penalties.

9.05.010 Adoption of the Model Traffic Ordinance.

Repealed by Ord. 94-1021. (Ord. 90-1030 § 1)

9.05.011 Adoption of Model Traffic Ordinance (after July 1, 1994).

The “Washington Model Traffic Ordinance,” as set forth in Chapter 308-330 WAC, is adopted by reference as the traffic ordinances of the City of SeaTac, as set forth in full. (Ord. 94-1021 § 1)

9.05.015 Additional code sections adopted by reference.

The following sections of Title 46 of the Revised Code of Washington, as currently enacted and as may be amended in the future, not having been included in the MTO, are hereby adopted by reference into the SeaTac Traffic Code:

46.09.030    Use permits – Issuance – Fees.    

46.09.040    Use permit prerequisite to operation.

46.09.050    Vehicles exempted from ORV use permits and tags.

46.09.070    Application for ORV use permit.

46.09.080    ORV dealers – Permits – Fees – Number plates – Title application – Violations.

46.09.110    Disposition of ORV moneys.

46.09.150    Motor vehicle fuel excise taxes on fuel for nonhighway vehicles not refundable.

46.09.170    Refunds from motor vehicle fund – Distribution – Use.

46.09.200    Enforcement.

46.10.030    Ownership or operation of snowmobiles without registration prohibited – exceptions.

46.10.050    Snowmobile dealers’ registration – Fee – Dealer number plates, use – Sale or demonstration unlawful without registration.

46.20.205    Failure to notify DOL of address change.

46.20.720    Ignition interlocks, biological, technical devices – Drivers convicted of alcohol offenses.

46.20.730    Ignition interlock device – Definition.

46.29.620    Forge proof of financial responsibility – Penalty.

46.61.5056    Alcohol violators – Information school – Evaluation and treatment.

46.70.090    Unlawful/improper use of dealer license plates.

46.80.020    Wrecker license required – Penalty.

(Ord. 96-1013 § 1: Ord. 94-1027 § 2; Ord. 93-1011 § 1)

9.05.016 Adoption of additional code sections by reference pending inclusion in MTO.

Repealed by Ord. 96-1013. (Ord. 94-1027 § 1)

9.05.020 Certain sections deleted.

Repealed by Ord. 94-1021. (Ord. 90-1030 § 2)

9.05.030 Speed limit revisions.

Repealed by Ord. 96-1013. (Ord. 95-1012 § 1: Ord. 94-1021 § 3; Ord. 90-1030 § 3)

9.05.040 Decrease of State law maximum speed.

Repealed by Ord. 96-1013. (Ord. 94-1021 § 3; Ord. 90-1030 § 4)

9.05.045 Taxicabs, for-hire vehicles, and other vehicles.

A. The operator of a charter party vehicle, for-hire vehicle, limousine, taxicab, or transportation network company endorsed vehicle shall not stop, stand, or park such vehicle upon any street or public right-of-way in residentially zoned areas. This provision shall not prevent the operator of a for-hire vehicle from temporarily stopping in accordance with other regulations and while actually engaged in the expeditious loading and unloading of passengers.

B. For the purpose of this section, the following definitions shall apply:

1. “Charter party vehicle” means a motor vehicle used to provide “charter party carrier” and “excursion service carrier” services as defined in Chapter 81.70 RCW.

2. “For-hire vehicle” means a motor vehicle used for the transportation of passengers for hire and not operated exclusively over a fixed and definite route, except:

a. Taxicabs;

b. Transportation network company endorsed vehicles;

c. Passenger vehicles carrying passengers on a noncommercial enterprise basis.

3. “Limousine” means a motor vehicle as defined under RCW 46.04.274 and includes, but is not limited to, stretch limousine, stretch sport utility vehicle, executive sedan, executive sport utility vehicle, executive van, and town car.

4. “Taxicab” means a motor vehicle used for the transportation of passengers for- hire, where the route traveled or destination is controlled by the passenger and the fare is based on an amount recorded and indicated on a taximeter, on an application dispatch system linked to a taximeter, or on a special rate or contracted rate agreement.

5. “Transportation network company endorsed vehicle” means a motor vehicle with a transportation network company vehicle endorsement. “Transportation network company vehicle endorsement” means an endorsement on a for-hire driver’s license that allows the for-hire driver to use the driver’s personal vehicle to affiliate with a transportation network company to provide transportation to passengers by an application dispatch system.

C. Any person found to be in violation of this section shall be deemed to have committed a parking infraction and for each violation shall be subject to a monetary penalty of two hundred fifty dollars ($250.00) pursuant to this chapter. Each day such violation continues constitutes a separate offense. Court costs and statutory assessments, if any, shall be assessed in addition to the monetary penalty.

D. In any prosecution for an infraction under this section, proof that the particular vehicle described in the notice of infraction was stopped, standing or parked in violation of this section, together with proof that the defendant named in the notice of infraction was at the time of such violation the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.

E. It is an affirmative defense to a violation of this section, which the defendant must prove by a preponderance of the evidence, that the vehicle was stopped, standing or parked at the time of the violation adjacent to the defendant’s residence as shown on their valid State-issued driver’s license. (Ord. 16-1012 § 1: Ord. 15-1020 § 1)

9.05.050 Commercial parking prohibited.

It is a parking infraction, with a monetary penalty of two hundred dollars ($200.00), for any person to park a commercial vehicle which is more than eighty (80) inches wide overall on any street or alley in residentially zoned areas (zones UH, UM, UL, and MHP, as designated by SMC Title 15, Division 2) between the hours of midnight and 6:00 a.m. (Ord. 16-1007 § 12: Ord. 10-1023 § 1: Ord. 04-1013 § 1: Ord. 96-1013 § 4: Ord. 94-1021 § 4; Ord. 90-1030 § 5)

9.05.060 Parking wide vehicles on certain streets.

It is a parking infraction, with a monetary penalty of two hundred dollars ($200.00), for any person to park any vehicle, as defined in RCW 46.04.670, which is ninety (90) inches wide or wider on or along any City street, road, alley or right-of-way other than 12th Place South between 16th Avenue South and 12th Avenue South, 12th Avenue South between 12th Place South and South 192nd Street, South 192nd Street between 12th Avenue South and 16th Avenue South, and 16th Avenue South between South 192nd Street and 12th Place South; provided, that this section shall not apply to momentary stops and parking for loading, unloading and making deliveries to residences and businesses in the vicinity, or instances when an emergency exists and the vehicle is parked no longer than necessary. It is further provided that this section shall not be construed to grant any person a right to park any vehicle in any location in the City, and this section does not relieve the driver or operator of any vehicle of the responsibility to park a vehicle in a safe manner and in accordance with applicable traffic codes. (Ord. 10-1023 § 2: Ord. 04-1013 § 2: Ord. 96-1013 § 4: Ord. 92-1054 § 1)

9.05.062 Penalty for violation of disabled parking spaces.

Repealed by Ord. 96-1013. (Ord. 95-1015 § 1; Ord. 94-1037 § 1; Ord. 93-1011 § 2)

9.05.065 Interference with postal service.

A. It shall be unlawful for any person to park any vehicle in front of, adjacent or in such proximity to any mail box, postal drop box, or other similar postal receptacle so as to interfere with the delivery of mail by the United States Postal Service.

B. The monetary penalty for parking in violation of this section shall be fifty dollars ($50.00). A violation of this section shall be considered a parking infraction and shall be processed in accordance with the State statutes regarding infractions. (Ord. 04-1013 § 3: Ord. 93-1011 § 3)

9.05.070 Pedestrian obstruction of traffic.

It shall be unlawful for any pedestrian to walk or be on a public roadway in a manner which unnecessarily or unreasonably interferes with, delays, obstructs or halts the travel of vehicles over and/or across the public roadway. Violation of this section shall constitute a misdemeanor punishable through applicable criminal process. (Ord. 93-1017 § 1)

9.05.080 Parking a motor vehicle on the roadway or in a manner which impedes traffic – Exceptions.

A. It shall be unlawful for any driver or operator of a vehicle to stop, park or leave standing any vehicle, whether attended or unattended, on the traveled portion of any public roadway or park, to stop or leave standing any motor vehicle in any other location which impedes, restricts or prevents travel over or across any public roadway. Violation of this section shall constitute a parking infraction with a monetary penalty of fifty dollars ($50.00).

B. It is provided, however, that this section shall not apply to the driver of a public transit vehicle who temporarily stops the vehicle upon the roadway for the purpose of and while actually engaged in receiving or discharging passengers at a marked transit vehicle stop; and, this section shall not apply to the driver of a solid waste collection company or recycling company vehicle who temporarily stops the vehicle as close as practical to the right edge of the right-hand shoulder of the roadway or right edge of the roadway if no shoulder exists for the purpose of and while actually engaged in collection of solid waste or recyclables, or both under Chapters 35.21, 35A.21, and 81.77 RCW or by contract under RCW 36.58.030. (Ord. 04-1013 § 4: Ord. 96-1013 § 6: Ord. 93-1017 § 2)

9.05.090 Parking restrictions – Authority to identify restrictive zones.

The City Manager or designee is authorized to identify and designate by appropriate signage parking restrictions, time limitations and parking prohibitions for certain streets of the City, to include restriction to parking by local residents only, in order to provide for reasonable parking availability and safe use of City streets. The penalty for violations of parking restrictions, prohibitions, or time periods shall be fifty dollars ($50.00). It is provided, however, that the provisions of this section shall not apply to violations of parking regulations specifically set forth and provided for in other sections of the City Code. (Ord. 96-1013 § 7: Ord. 93-1039 § 1)

9.05.100 Compression brake use.

A. For each occurrence, it is a traffic infraction, with a monetary penalty of one hundred seventy-five dollars ($175.00), including statutory assessments, for any person to use unmuffled motor vehicle brakes 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.

B. This section does not apply to any emergency vehicle or in any situation that such motor vehicle brakes were applied in an emergency and were necessary for the protection of persons and/or property. (Ord. 07-1013 § 1)

9.05.110 Parking in fire lanes prohibited.

A. It is a parking infraction, with a monetary penalty of two hundred fifty dollars ($250.00), for any person to stop, stand or park a vehicle in a designated fire lane.

B. For the purpose of this section, “designated fire lane” shall mean the area within any public right-of-way, public or private easement, or public or private property designated for fire trucks, other fire-fighting equipment, emergency equipment, or emergency vehicles to use, travel upon and/or park.

C. Whenever any vehicle without an operator is found parked, standing or stopped in a designated fire lane, the registered owner of the vehicle is responsible for an infraction under this section. In any prosecution for an infraction under this subsection, proof that the particular vehicle described in the notice of infraction was parked, standing or stopped in a designated fire lane, together with proof that the defendant named in the notice of infraction was at the time of such violation the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. It shall be no defense that the vehicle was parked illegally by another, unless proof is presented that the vehicle had been stolen and not returned to the registered owner by the date of the violation. This section shall not apply to registered owners who have transferred vehicle ownership prior to the violation date. It is a parking infraction, with a monetary penalty of two hundred fifty dollars ($250.00), for violations under this subsection.

D. In addition to any other penalty established by this section or Chapter 13.150 SMC, any vehicle violating this section shall be deemed an unauthorized vehicle and declared a traffic and fire hazard. The vehicle shall be subject to immediate impoundment, without prior notification to its owner. Pursuant to State law, the owner may be responsible for all fees.

E. Each day such violation continues constitutes a separate offense. (Ord. 08-1015 § 1)

9.05.115 Designation of authority.

A. The City Manager or designees may from time to time establish parking restrictions on City-owned property. Such restrictions may include designating prohibited parking areas, time-restricted parking zones, and/or parking by permit. Any parking restrictions shall be indicated by signage or other appropriate indicators. The City Manager or designees may also alter or remove such restrictions as deemed appropriate.

B. For the purpose of issuing parking infractions under this section, the City Manager or designees may designate authorized City employees to enforce parking regulations on City-owned property and issue infractions to violators. (Ord. 20-1017 § 1 (part))

9.05.116 Parking restrictions.

A. No person shall stop, stand, or park a vehicle in a City parking area or other property operated by the City in a manner exceeding the maximum amount of time permitted as posted or where signs prohibit or restrict such stopping, standing or parking without lawful authority or permission, as established in accordance with SMC 9.05.115(A).

B. In the absence of signage indicating specific time restrictions for vehicle parking, no vehicle may be parked in a City parking area or other property owned or operated by the City for a period exceeding twenty-four (24) hours without lawful authority or permission.

C. Violation of this section is a parking infraction with a monetary penalty of fifty dollars ($50.00) plus court costs and statutory assessments, if any, and/or the vehicle may be subject to impoundment pursuant to Chapter 9.20 SMC. (Ord. 20-1017 § 1 (part))

9.05.120 Monetary penalties.

Any person found to be in violation of any provision relating to stopping, standing, or parking under RCW 46.61.570 or 46.61.575, WAC 308-330-433, 308-330-439, 308-330-442, 308-330-454, or 308-330-457 shall be deemed to have committed a parking infraction and for each such violation shall be subject to a monetary penalty in the amount of fifty dollars ($50.00) plus court costs and statutory assessments, if any. (Ord. 15-1006 § 1)