Chapter 10.04
MODEL TRAFFIC ORDINANCE
Sections:
10.04.010 Adoption by reference.
10.04.011 Additional provisions adopted.
10.04.015 Scope of application.
10.04.020 Compression brakes – Prohibited.
10.04.030 Disposition of traffic fines and forfeitures.
10.04.040 Official misconduct.
10.04.050 Violation – Penalty.
10.04.010 Adoption by reference.
The Washington Model Traffic Ordinance, Chapter 308-330 WAC, is hereby adopted by reference as the traffic ordinance of the city of Tumwater as if set forth in full.
(Ord. O97-031, Amended, 10/21/1997; Ord. O94-027, Amended, 06/21/1994; Ord. 1129, Amended, 07/07/1987; Ord. 965, Amended, 03/15/1983; Ord. 764, New, 11/16/1976)
10.04.011 Additional provisions adopted.
The following additional provisions are hereby adopted: Sections 4, 5, 6, 7, 10, 11 and 12 of Chapter 275, Laws of 1994 and RCW 46.20.730 as amended by Section 23 of Chapter 275, Laws of 1994.
(Ord. O94-027, Added, 06/21/1994)
10.04.015 Scope of application.
The provisions of the traffic code as adopted by this chapter and which relate to motor vehicles or the operation, ownership or occupation of the same shall apply within the city on any street or highway, and in addition, upon any road, alley, lane, parking area, driveway or any place, public or private, which is adapted to and fitted for travel upon by motor vehicles that is in common use by the public with the consent, express or implied, of the owner or owners thereof, notwithstanding the provision of any statute adopted herein which would otherwise restrict the applicability of the code exclusively to highways.
(Ord. 1185, Added, 01/17/1989)
10.04.020 Compression brakes – Prohibited.
Use of brakes which are activated by the compression of the engine (compression brakes, e.g., “jake brake” or “Jacobs brake”) within the city limits are prohibited. A violation of this section is a traffic infraction with a maximum penalty as provided for by the Washington Supreme Court (IRLJ 6.2).
(Ord. O99-034, Added, 12/07/1999)
10.04.030 Disposition of traffic fines and forfeitures.
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. 764, Added, 11/19/1976)
10.04.040 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, as specified in TMC 10.04.030, either before or after a deposit in the general fund, to comply with the provisions of TMC 10.04.030, constitutes misconduct in office and is grounds for removal therefrom, provided appropriate removal action is taken pursuant to state law relating to removal of public officials.
(Ord. 764, Added, 11/19/1976)
10.04.050 Violation – Penalty.
Any person who is convicted of or pleads guilty of violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor; provided, however, where the Washington Model Traffic Ordinance provides specifically for another fine and/or imprisonment penalty, then such MTO fine and/or imprisonment shall supersede and take the place of the foregoing penalties.
(Ord. O2011-007, Amended, 07/19/2011; Ord. O97-031, Amended, 10/21/1997; Ord. 1041, Amended, 07/16/1985; Ord. 965, Amended, 03/15/1983; Ord. 764, Added, 11/16/1976)