HomeMy WebLinkAboutOrd 0495 - Motor Vehicles and Trafficv1nc011411 a 3a)
CITY OF TUKWILA
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ORDINANCE NO. 495
AMENDED BY 1325 1384
AMENDED BY 545 672
AN ORDINANCE OF THE CITY OF TUKWILA RELATING TO AND REGULA-
TING MOTOR VEHICLES, TRAFFIC, TRAVEL, AND TRANSPORTATION
AND THEIR INCIDENTS UPON THE PUBLIC STREETS, BICYCLE PATHS,
AND OTHER WAYS OPEN TO THE PUBLIC: PRESCRIBING THE POWERS
AND DUTIES OF OFFICERS AND OTHERS IN RELATION THERETO;
DEFINING OFFENSES; PROVIDING PENALTIES, AND REPEALING ORDI-
NANCE NO. 211, AND ALL AMENDMENTS THEREOF, AND ALL OTHER
ORDINANCES AND SECTIONS OF ORDINANCES INSOFAR AS THEY ARE
IN CONFLICT THEREWITH.
BE IT ORDAINED BY THE CITY OF TUKWILA AS FOLLOWS:
ARTICLE I: WORDS AND PHRASES DEFINED
Sec. 1. Definition of words and phrases. The following words
and phrases when used in this ordinance shall for the purpose of
this have the meanings respectively ascribed to them in this arti-
cle, unless where used the context shall clearly indicate to the
contrary.
Sec. 2. Right -of -way. The right of one vehicle or pedestrian
to proceed in a lawful manner in preference to another vehicle or
pedestrian approaching under such circumstances of direction, speed
and proximity as to give rise to danger of collision unless one
grants precedence to the other.
Sec. 3. (a) Stop. When required, means complete cessation of
movement.
(b) Stop or stopping. When prohibited means any halting even
momentarily of a vehicle, whether occupied or not, except when neces-
sary to avoid conflict with other traffic or in compliance with the
directions of a police officer or traffic control sign or signal.
(c) Stand or standing. Means the halting of a vehicle, whether
occupied or not, otherwise than for the purpose of and while actual-
ly engaged in receiving or discharging passengers.
(d) Park or parking. Means the standing of a vehicle, whether
occupied or not, otherwise than temporarily for the purpose of and
while actually engaged in loading or unloading merchandise or pas-
sengers.
Sec. 4. Official time standard. Whenever certain hours are named
herein, they shall mean standard time or daylight- saving time as may
be in current use in this city.
Sec. 5. (a) Police officer. Every officer of this municipal
police department or any officer authorized to direct or regulate
traffic or to make arrests for violations of traffic regulations.
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E�;DED BY ORD s-`45-) 17R
(b) Traffic division. The traffic division of the police depart-
ment of this city, or in the event a traffic division is not estab-
lished, then said term whenever used herein, shall be deemed to refer
to the police department of this city.
Sec. 6. (a) Curb loading zone. A space adjacent to a curb re-
served for the exclusive use of vehicles during the loading or un-
loading of passengers or materials.
(b) Passenger curb loading zone. A place adjacent to a curb for
the exclusive use of vehicles during the loading or unloading of
passengers.
(c) Freight curb loading zone. A space adjacent to a curb for
the exclusive use of vehicles during the loading or unloading of
freight.
Sec. 7. Reserved.
ARTICLE II. ENFORCEMENT AND OBEDIENCE TO TRAFFIC
REGULATIONS
Sec. 8. Authority of police and fire department officials.
(a) It shall be the duty of the officers of the police department or
such officers are as assigned by the chief of police to enforce this
traffic ordinance.
(b) Officers of the police department or such officers as are
assigned by the chief of police are hereby authorized to direct all
traffic by voice, hand, or signal in conformance with traffic laws,
provided that, in the event of a fire or other emergency or to ex-
pedite traffic or to safeguard pedestrians, officers of the police
department may direct traffic as conditions may require notwith-
standing the provisions of the traffic laws.
(c) Officers of the fire department, when at the scene of a fire,
may direct or assist the police in directing traffic thereat or in
the immediate vicinity.
Sec. 9. Required obedience to traffic ordinance. It is unlaw-
ful for any person to do any act forbidden or fail to perform any
act required in this ordinance.
Sec. 10. Obedience to police and fire department officials.
No person shall willfully fail or refuse to comply with any lawful
order or direction of a police officer or a fire department offi-
cial.
Sec. 11. Use of coasters, roller skates, and similar devices
restricted. No person upon roller skates, or riding in or by means
of any coaster, toy vehicle, or similar device, shall go upon any
roadway except while crossing a street on a crosswalk and when so
crossing, such person shall be granted all of the rights and shall
be subject to all the duties applicable to pedestrians. This sec-
tion shall not apply upon any street while set aside as a play street
as authorized by ordinance of this city.
Sec. 12. Authorized emergency vehicles. (a) The driver of an
authorized emergency vehicle, when responding to an emergency call
or when in the pursuit of an actual or suspected violator of the law
or when responding to but not upon returning from a fire alarm, may
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exercise the privileges set forth in this section, but subject to
the conditions herein stated.
(b) The driver of an authorized emergency vehicle may:
1. Park or stand, irrespective of the provisions of
this ordinance;
2. Proceed past a red or stop signal or stop sign, but
only after slowing down as may be necessary for safe opera-
tion;
3. Exceed the speed limits prescribed herein so long as he
does not endanger life or property;
4. Disregard regulations governing direction of movement
or turning in specified directions.
(c) The exemptions herein granted to an authorized emergency
vehicle shall apply only when the driver of any said vehicle while
in motion sounds audible signal by bell, siren, or exhaust whistle
as may be reasonably necessary, and when the vehicle is equipped
with at least one lighted lamp displaying a red light visible under
normal atmospheric conditions from a distance of 500 feet to the
front of such vehicle, except that an authorized emergency vehicle
operated as a police vehicle need not be equipped or display a red
light visible from in front of the vehicle.
ARTICLE III. TRAFFIC CONTROL DEVICES AND SIGNALS
Sec. 13. Authority to install traffic control devices. The city
general superintendent shall place and maintain traffic control signs,
signals, and devices when and as required under the traffic ordinances
of this city to make effective the provisions of said ordinances,
and may place and maintain such additional traffic control devices
as he may deem necessary to regulate traffic under the traffic or-
dinances of this city or under State law, or to guide or warn traffic.
Sec. 14. Design for traffic control devices. All traffic control
signals, signs, and traffic control devices to be erected or main-
tained upon any city street as forming a part of the route of a pri-
mary state highway or secondary state highway must be approved by the
state highway commission prior to their installation. All signs and
signals required hereunder for a particular purpose shall so far as
practicable be uniform as to type and location throughout the city.
All traffic control devices so erected and not inconsistent with the
provisions of State law or this ordinance shall be official traffic
control devices.
Sec. 15. When traffic devices required for enforcement purposes.
No provision of this ordinance for which official traffic control de-
vices are required shall be enforced against an alleged violator if
at the time and place of the alleged violation an official device is
not in proper position and sufficiently legible to be seen by an ordi-
narily observant person. Whenever a particular section does not
state that signs are required, such section shall be effective even
though no devices are erected or in place.
Sec. 15.1. Official traffic- control devices presumption of
legality. (a) Whenever official traffic control devices are placed
in position approximately conforming to the requirements of this or-
dinance, such devices shall be presumed to have been so placed by the
official act or direction of lawful authority, unless the contrary
shall be established by competent evidence.
(b) Any official traffic control device placed pursuant to the
provisions of this ordinance and purporting to conform to the law-
ful requirements pertaining to such devices shall be presumed to
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comply with the requirements of this ordinance, unless the contrary
shall be established by competent evidence.
Sec. 16. Display of unauthorized signs, signals, or markings.
(a) No person shall place, maintain, or display upon or inview of
any highway any unauthorized sign, signal, marking, or device which
purports to be or is an imitation of or resembles an official traffic
control device or railroad sign or signal, or which attempts to di-
rect the movement of traffic, or which hides from view or interferes
with the effectiveness of any official traffic control device or any
railroad sign or signal.
(b) No person shall place or maintain nor shall any public autho-
rity permit upon any highway any traffic sign or signal bearing any
commercial advertising thereon.
(c) This section shall not be deemed to prohibit the erection
upon private property adjacent to highways of signs giving direc-
tional information and of a type that cannot be mistaken for of-
ficial signs.
(d) Every such prohibited sign, signal, or marking is hereby
declared to be a public nuisance and the authority having jurisdic-
tion over the highway is hereby empowered to remove the same or
cause it to be removed without notice.
Sec. 17. Interference with official traffic control devices
or railroad signs or signals. No person shall without lawful autho-
rity attempt to or in fact alter, deface, injure, knock down, or
remove any official traffic control device or any railroad sign or
signal or any inscription, shield, or insignia thereon, or any other
part thereof.
Sec. 18. Authority to establish play streets. The city general
superintendent shall have authority to declare any street or part
thereof a play street and to place appropriate signs or devices in
the roadway indicating and helping protect the same.
Sec. 19. Play streets. Whenever authorized signs are erected
indicating any street of part thereof as a play street, no person
shall drive a vehicle upon any such street or portion thereof except
operators of vehicles having business or whose residences are within
such closed ares, and then any said operator shall exercise the
greatest care in driving upon any such street or portion thereof.
Sec. 20. City general superintendent to designate crosswalks,
establish safety zones. The city general superintendent is hereby
authorized:
(a) To designate and maintain,by appropriate devices, marks,
or lines upon the surface of the roadway, crosswalks at intersections
where in his opinion there is particular danger to pedestrians cross-
ing the roadway, and at such other places as he may deem necessary;
(b) To establish safety zones of such kind and character and at
such places as he may deem necessary for the protection of pedestri-
ans.
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Sec. 21. Traffic lanes. (a) The city general superintendent
is hereby authorized to mark traffic lanes upon the roadway of any
street or highway where a regular alignment of traffic is necessary.
(b) Where such traffic lanes have been marked, it shall be unlaw-
ful for the operators of any vehicle to fail or refuse to keep such
vehicle within the boundaries of any such lane except when lawfully
passing another vehicle or preparatory to making a lawful turning
movement.
ARTICLE IV. SPEED REGULATIONS
Sec. 22. State speed laws applicable. The state traffic laws
regulating the speed of vehicles shall be applicable upon all streets
within this city, except as this ordinance, as authorized by state
law, hereby declares and determines upon the basis of engineering
and traffic investigation that certain speed regulations shall be
applicable upon specified or in certain areas, in which event it shall
be unlawful for any person to drive a vehicle at a speed in excess
of any speed so declared in this ordinance when signs are in place
giving notice thereof.
Sec. 23 through Section 25. Reserved.
Section 26. Regulation of speed by traffic signals. The city
general superintendent is authorized to regulate the timing of traf-
fic signals so as to permit the movement of traffic in an orderly and
safe manner.
ARTICLE V. TURNING MOVEMENTS.
Sec. 27. Authority to place and obedience to turning markers.
(a) The city general superintendent is authorized to place markers,
buttons, or signs within or adjacent to intersections indicating
the course to be traveled by vehicles turning at such intersections
in accordance with the provisions of this ordinance and RCW 47.36.
060.
(b) When authorized markers, buttons, or other indicators are
placed within an intersection indicating the course to be traveled
by vehicles turning thereat, no operator of a vehicle shall disobey
the directions of such indications.
Sec. 28. Authority to place restricted turn signs. The city
general superintendent is hereby authorized to determine those in-
tersections at which operators of vehicles shall not make a right,
left, or U turn, and shall place proper signs at such intersections.
The making of such truns may be prohibited between certain hours of
any day and permitted at other hours, in which event, the same shall
be plainly indicated on the signs, or they may be removed when such
turns are permitted.
Sec. 29. Obedience to no -turn signs. Whenever authorized signs
are erected indicating that no right or left or U turn is permitted,
no operator of a vehicle shall disobey the directions of any such
sign.
Sec. 30 through Sec. 32. Reserved.
Sec. 34 and Sec. 35. Reserved.
ARTICLE VII. SPECIAL STOPS REQUIRED
Sec. 33. Emerging from alley or private driveway. It shall be
unlawful for the operator of a vehicle to emerge from an alley, drive-
way, building exit, private way, or private property or from off the
roadway of any public highway, onto the roadway of any public high-
way or across a sidewalk or into the sidewalk area extending across
any such alley, driveway, building exit, private way or private
property without bringing such vehicle to a full stop and yielding
the right -of -way to all pedestrians upon such sidewalk and all vehi-
cles upon such public highway.
No vehicle shall back into or out of an alley, except when same
is obstructed.
No driver shall enter any street at any point other than a street
intersection at a rate of speed exceeding five (5) miles an hour,
nor operate a vehicle in excess of fifteen (15) miles per hour in
any alley.
Sec. 36. Intersections where stop or yield required. The city
general superintendent is hereby authorized to determine and desig-
nate intersections where particular hazard exists upon other than
arterial streets and to determine (a) whether vehicles shall stop
at one or more entrances to any such intersection, in which event
he shall cause to erected a stop sign at every place where a stop
is required, or (b) whether vehicles shall yield the right of way
to vehicles on a different street at such intersection as prescribed
in Sec. 36.3 in which event he shall cause to be erected a yield sign
at every place where obedience thereto is required.
Sec. 36.1. Stop signs and yield signs. (a) The driver of a ve-
hicle approaching a yield sign if required for safety to stop shall
stop before entering the crosswalk on the near side of the intersec-
tion or, in the event there is no crosswalk, at a clearly marked
stop line, but if none, then at the point nearest the intersecting
roadway where the driver has a view of approaching traffic on the
intersecting roadway.
(b) Except when directed to proceed by a police officer or traf-
fic- control signal, every driver of a vehicle approaching a stop
intersection indicated by a stop sign shall stop before entering the
crosswalk on the near side of the intersection or, in the event there
is no crosswalk, shall stop at a clearly marked stop line, but if none,
then at the point nearest the intersecting roadway where the driver
has a view of approaching traffic on the intersecting roadway before
entering the intersection.
Sec. 36.2. Vehicle entering stop intersection. Except when
directed to proceed by a police officer or traffic control signal,
every driver of a vehicle approaching a stop intersection indicated
by a stop sign shall stop as required by Sec. 36.1 (b), and after
having stopped shall yield the right of way to any vehicle which has
entered the intersection from another highway or which is
approaching so closely on said highway as to constitute an immediate
hazard during the time when such driver is moving across or within
the intersection.
Sec. 36.3. Vehicle entering yield intersection. The driver of
a vehicle approaching a yield sign shall in obedience to such sign
slow down to a speed reasonable for the existing conditions and shall
yield the right of way to any vehicle in the intersection or approach-
ing on another highway so closely as to constitute an immediate ha-
zard during the time such driver is moving across or within the in-
tersection; provided, however, that if such a driver is involved in
a collision with a vehicle in the intersection, after driving past
a yield sign without stopping, such collision shall be deemed prima
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facie evidence of his failure to yield right of way.
Sec. 37. Design of "stop" signs. Every stop sign shall be of
the standard design adopted by the State Highway Commission.
Sec. 38. Stop when traffic obstructed. No operator shall enter
an intersection or a marked crosswalk unless there is sufficient
space on the other side of the intersection or crosswalk to accomo-
date the vehicle he is operating without obstructing the passage of
other vehicles or pedestrians, notwithstanding any traffic control
signal indication to proceed.
Sec. 39. Obedience to signal indicating approach of railroad
train. No person shall drive any vehicle through, around, or under
any crossing gate or barrier at a railroad grade crossing while such
gate or barrier is closed or is being opened or closed.
ARTICLE VIII. MISCELLANEOUS DRIVING RULES
Sec. 40. Driving through funeral or other procession. No opera-
tor of a vehicle shall drive between the vehicles comprising a funeral
or other authorized procession while they are in motion and when
such vehicles are conspicuously designated as required in this ordi-
nance. This provision shall not apply at intersections where traffic
is controlled by traffic control signals unless a police officer is
present at such intersections to direct traffic so as to preserve
the continuity of the funeral procession.
Sec. 41. Operators in a procession. Each operator in a funeral
procession or other procession shall drive as near to the right -hand
edge of the roadway as practical and shall follow the vehicle ahead
as close as is practical and safe.
Sec. 42. Funeral processions to be identified. A funeral com-
posed of a procession of vehicles shall be identified as such by the
display upon the outside of each vehicle of a pennant or other iden-
tifying insignia or by such other method as may be determined and
designated by the police department.
Sec. 43. When permits are required for parades and processions.
With the exception of funeral processions and parades of the armed
forces of the United States or the military forces of this state,
no processions or parades shall be conducted on the city streets and
the persons or groups to whom such permits are issued shall (rn.y
occupy, march or proceed along any street in accordance with a permit
issued by the chief of police and such other regulations as are set
forth herein which may be applicable.
Sec. 44. Vehicles shall not be driven on a sidewalk. The opera-
tor of a vehicle shall not drive within any sidewalk area except at
a permanent or temporary driveway.
Sec. 44.1. Opening and closing vehicle doors. No person shall
open the door of a motor vehicle on the side available to. moving traf-
fic unless and until it is reasonably safe to do so, nor shall any
person leave a door open on the side of a motor vehicle available to
moving traffic for a period of time longer than necessary to load or
unload passengers.
Sec. 45. Clinging to motor vehicles. Any person riding upon
any bicycle, motorcycle, coaster, sled, roller skates, or any toy
vehicle shall not attach the same or himself to any moving vehicle
upon any roadway.
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ARTICLE IX. VEHICLES
Sec. 46. Boarding or alighting from vehicles. No person shall
board or alight from any vehicle while such vehicle is in motion.
Sec. 47. Unlawful riding. No person shall ride on any vehicle
upon any portion thereof not designated or intended for the use of
passengers. This provision shall not apply to an employee engaged
in the necessary discharge of a duty, or to persons riding within
truck bodies intended for merchandise.
Sec. 48. Railroad trains not to block streets. It shall be un-
lawful for the directing officer or the operator of any railroad
train to direct the operation of or to operate the same in such a
manner as to prevent the use of any street for purposes of travel for
a period or time longet than 5 minutes, except that this provision
shall not apply to trains or cars in motion other than those engaged
in switching.
ARTICLE X. PEDESTRIANS' RIGHTS AND DUTIES
Sec. 49. Pedestrians subject to traffic- control signals. Pedes-
trains shall be subject to traffic control signals as declared in
RCW 46.61.060, 46.61.230, 46.61.235, .240 and .245, but at all other
places pedestrians shall be granted those rights and be subject to
the restrictions stated in this article.
Sec. 50. Pedestrians to use right -half of crosswalk. Pedestrians
shall move, whenever practicable, upon the right half of crosswalks.
Sec. 51. Pedestrians' duties. Pedestrians crossing a roadway
other than at intersection crosswalks shall yield the right of way
to all vehicles upon the roadway.
Sec. 52. Obedience of pedestrians to bridge and railroad signals.
(a) No pedestrian shall enter or remain upon any bridge or approach
thereto beyond the bridge signal, gate, or barrier after a bridge
operation signal indication has been given.
(b) No pedestrian shall pass through, around, over, or under any
crossing gate or barrier at a railroad grade crossing or bridge while
such gate or barrier is closed or is being opened or closed.
Sec. 53. Operators to exercise due care. Notwithstanding the
foregoing provisions of this article, every operator of a vehicle
shall exercise due care to avoid colliding with any pedestrian upon
any roadway and shall give warning by sounding the horn when neces-
sary and shall exercise special precautions upon observing any child
or any confused or incapacitated person upon a roadway.
ARTICLE XI. REGULATIONS FOR BICYCLES
Sec. 54. Effect of regulations. (a) The parent of any child
and the guardian of any ward shall not authorize or knowingly permit
any child or ward to violate any of the provisions of this article.
(b) These regulations applicable to bicycles shall apply whenever
a bicycle is operated upon any street or upon any public path set
aside for the exclusive use of bicycles, subject to those exceptions
stated herein.
Sec. 55 through Sec. 63. Reserved.
Sec. 64. Obedience to traffic control devices. (a) Any person
operating a bicycle shall obey the instructions of official traffic
control signals, signs, and other control devices applicable to ve-
hicles, unless otherwise directed by a police officer.
(b) Whenever authorized signs are erected indicating that no
right or left or U turn is permitted, no person operating a bicycle
shall disobey the direction of any such sign, except where such person
dismounts from the bicycle to make any such turn, in which event,
such person shall then obey the regulations applicable to pedestrians.
Sec. 65. Parking. No person shall park a bicycle upon a street
other than upon the roadway against the curb or upon the sidewalk in
a rack to support the bicycle or against a building or at the curb,
in such manner as to afford the least obstruction to pedestrian traf-
fic.
Sec. 66. Riding on sidewalks. (a) No person shall ride a bicycle
upon a sidewalk within a business district.
(b) The chief of police is authorized to erect signs on any side-
walk or roadway prohibiting the riding of bicycles thereon by any per-
son, and when such signs are in place, no person shall disobey the
same.
(c) Whenever any person is riding a bicycle upon a sidewalk, such
person shall yield the right -of -way to any pedestrian and shall give
audible signal before overtaking and passing such pedestrian.
Sec. 67. Reserved.
ARTICLE XII. METHOD OF PARKING
Sec. 68. Standing or parking close to curb. No person shall
stand or park a vehicle in a roadway other than parallel with the
edge of the roadway headed in the direction of lawful traffic move-
ment and with the wheels of the vehicle on that side which is consis-
tent with the lawful movement of traffic within twelve (12) inches
of the curb or edge of the roadway except as otherwise provided in
this article.
Sec. 69. Markings indicate angle parking. The city general
superintendent shall determine upon what streets other than those
forming a part of the primary or secondary state highways angle
parking shall be permitted.
Sec. 70. Obedience to angle parking signs or markings. Upon
those streets which have been signed or marked for angle parking, no
person shall park or stand a vehicle other than at the angle to
the curb or edge of the roadway indicated by such signs or markings.
Sec. 71. Permit for loading or unloading at an male to the curb.
The city general superintendent is authorized to issue special permits
to permit the backing of a vehicle to the curb for the purpose of
loading or unloading merchandise or materials subject to the terms
and conditions of such permit. Such permits may be issued either
to the owner or lessee of real property or to the owner of the ve-
hicle and shall grant to such person the privilege as therein
stated and authorized herein, and it shall be unlawful for any per
mittee or other person to violate any of the special terms or con-
ditions of any such permit. Provided, however, that no permit issued
hereunder shall be exclusive.
ARTICLE XIII. STOPPING, STANDING, OR PARKING
PROHIBITED IN SPECIFIED PLACES
Sec. 72. Parking not to obstruct traffic. No person shall park
any vehicle upon a street, other than an alley, in such a manner or
under such conditions as to leave available less than 8 feet of the
width of the roadway for free movement of vehicular traffic.
Sec. 73. Parking in alleys. No person shall park a vehicle with-
in an alley in such a manner or under such conditions as to leave
available less than 8 feet of the width of the roadway for the free
movement of vehicular traffic, and no person shall stop, stand, or
park a vehicle within an alley in such a position as to block the
driveway entrance to any abutting property.
Sec. 74. Parking for certain purposes prohibited. No person
shall park a vehicle upon any roadway for the principal purpose of:
(a) Displaying such vehicle for sale or for advertising services
for vehicles.
(b) Washing, greasing, or repairing such vehicle except repairs
necessitated by emergency.
Sec. 75. Parking adjacent to schools. (a) The city general super
intendant is hereby authorized to erect signs indicating no parking
upon either or both sides of any street adjacent to any school proper-
ty when such parking would, in his opinion, interfere with traffic
and create a hazardous situation.
(b) When official signs are erected indicating no parking upon
that side of a street adjacent to any school property, no person
shall park a vehicle in any such designated place.
Sec. 76. Parking prohibited on narrow streets. (a) The city
general superintendent is hereby authorized to erect signs indicating
no parking upon both sides of a street when the width of the improved
roadway does not exceed 20 feet, or upon one side of a street as in-
dicated by such signs when the width of the improved roadway is be-
tween 20 and 28 feet.
(b) When official signs prohibiting parking are erected upon
narrow streets as authorized herein, no person shall park a vehicle
upon any such street in violation of any such sign.
Sec. 77. No stopping, standing, or parking near hazardous or
congested places. (a) The city general superintendent is hereby au-
thorized to determine and designate by proper signs, places not
exceeding 100 feet in length in which the stopping, standing, or
parking of vehicles would create an especially hazardous condition
or would cause unusual delay to traffic.
(b) When official signs are erected at hazardous or congested
places as authorized herein, no person shall stop, stand, or park a
vehicle in any such designated place.
ARTICLE XIV. STOPPING FOR LOADING OR UNLOADING ONLY
Sec. 78. City general superintendent to designate curb loading
zones. The city general superintendent is hereby authorized to deter-
mine the location of passenger and freight curb loading zones and
shall place and maintain appropriate signs indicating the same and
stating the hours during which the provisions of this section are ap-
plicable. No person shall be granted the right, use, or franchise
for vehicle parking of any portion of the surface area of any pub-
lic highway to the exclusion of any other like person.
Sec. 79. Permits for curb loading zones. (a) The city general
auperintendent shall not hereafter designate or sign any curb load-
ing zone upon special request of any person unless such person makes
application for a permit for such zone and for two signs to indicate
the ends of each such zone. Provided, however, that no permit issued
hereunder shall be exclusive. The city general superintendent, upon
granting a permit and issuing such signs, shall collect from the
applicant and deposit in the city treasury a service fee of $50.00
per year or fraction thereof and may by general regulations impose
conditions upon the use of such signs and for reimbursement of the
city for the value thereof inthe event of their loss or damage and
their return in the event of misuse or expiration of permit. Every
such permit shall expire at the end of one year.
Sec. 80. Standing in passenger curb loading zone. No person
shall stop, stand, or park a vehicle for any purpose or period of
time other than for the expeditious loading or unloading of passen-
gers in any place marked as a passenger loading zone during hours
when the regulations applicable to such curb loading zone are effec-
tive, and then only for a period not to exceed three (3) minutes.
Sec. 81. Standing in freight curb loading zone. No person shall
stop, stand, or park a vehicle for any purpose or any length of time
other than for the expeditious loading and unloading and delivery
or pickup and loading of materials in any place marked as a freight
curb loading zone during the hours when the provisions applicable
to such zones are in effect. In no case shall the stop for loading
and unloading of materials exceed thirty (30) minutes.
Sec. 82. City general superintendent to designate public car-
rier stands. The city general superintendent is hereby authorized
and required to establish bus stops, bus stands, and taxicab stands
for other passenger common- carrier motor vehicles on such public
street in such places and in such number as he shall determine to
be of the greatest benefit and convenience to the public, and every
such bus stop, bus stand, taxicab stand, or other stand shall be
designated by appropriate signs.
Sec. 83. Stopping, standing, and parking of busses and taxicabs
regulated. (a) The operator of a bus shall not stand or park such
vehicle upon any street at any place other than a bus stand so desig-
nated as provided herein.
(b) The operator of a bus shall not stop such vehicle upon any
street at any place for the purpose of loading or unloading passen-
gers or their baggage other than at a bus stop, bus stand, or pas-
senger loading zone so designated as provided herein, except in
case of an emergency.
(c) The operator of a bus shall enter a bus stop, bus stand,
or passenger loading zone on a public street in such a manner that
the bus when stopped to load or unload passengers or baggage shall
be in a position with the right front wheel of such vehicle not fur-
ther than 18 inches from the curb and the bus approximately parallel
to the curb so as not to impede unduly the movement of other vehi-
cular traffic.
(d) The operator of a taxicab shall not stand or park such vehi-
cle upon any street at any place other than in a taxicab stand so
designated as provided herein. This provision shall not prevent the
operator of a taxicab from temporarily stopping in accordance with
other stopping or parking regulations at any place for the purpose
of and while actually engaged in the expeditious loading or unload-
ing of passengers.
ARTICLE XV. STOPPING, STANDING OR PARKING RESTRICTED
OR PROHIBITED ON CERTAIN STREETS
Sec. 84 through 90. Reserved.
ARTICLE XVI. REGULATING THE KINDS AND CLASSES OF TRAFFIC
ON CERTAIN HIGHWAYS
Sec. 91 through 93. Reserved.
ARTICLE XVII. PENALTIES AND PROCEDURE ON ARREST
Sec. 94. Penalties. Unless another penalty is expressly pro-
vided by law, every person convicted of a violation of any provision
of this ordinance shall be punished by a fine of not more than
$500 or by imprisonment for not more than 6 months or by both such
fine and imprisonment.
Sec. 95. Procedure of police officers. (a) Whenever any person
is arrested for any violation of this ordinance, except those men-
tioned in subsection (b) hereof, the arresting officer may serve
upon him a traffic citation and notice to appear in court. Such
citation and notice shall conform to the requirements and be handled
and disposed of in accordance with the Traffic Rules for Courts of
Limited Jurisdiction and RCW 46.64.010. The arrested person may
secure release, if permitted by the arresting officer, by giving
his written promise to appear in court as required by the citation
and notice by signing in the appropriate place the written citation
and notice served by the arresting officer. Upon the arrested per-
son's failing or refusing to sign such written promise, he may be
taken into custody of such arresting officer and so remain or be
placed in confinement. Any person who cancels or solicits the can-
cellation of any traffic citation otherwise than as provided in this
section shall be guilty of a violation of this ordinance.
(b) The provisions of subsection (a) of this section shall not
apply to any person charged with reckless driving, or to any person
charged with driving while under the influence of intoxicating li-
quor or narcotic or other drugs, or to any person whom the arrest-
ing officer shall have good reason to believe has committed any
felony, and the arresting officer shall take such person to the
police station to be booked.
Sec. 96. Disposition and records of traffic citations, warrants,
and complaints. (a) Every police officer upon issuing a traffic com-
plaint and citation to an alleged violator of any provision of the
motor vehicle laws of this State or of any traffic ordinance of this
city shall deposit the complaint and the abstract of court record
copy of such traffic complaint and citation with his immediate supe-
rior officer, who shall cause the original to be delivered to the
court having jurisdiction over the alleged offense or to the traffic
violations bureau. The police record copy of the traffic complaint
and citation shall be retained by the police department.
(b) Upon the filing of such original citation in the court having
jurisdiction over the alleged offense as aforesaid, said citation may
be disposed of only by trial in said court or by other official ac-
tion by a judge of said court, including forfeiture or by payment
of a fine to the traffic violations bureau of said court.
(c)The chief of police shall require the return to him of each
traffic complaint and citation and a44 copies thereof, except that
-12--
copy required to be retained in the book as provided herein, which
has been spoiled or upon which any entry has been made and has not
been issued to an alleged violator.
(d) The chief of police shall also maintain or cause to be main-
tained in connection with every traffic complaint and citation issued
by a member of the police department a record of the disposition of
the charge by the court having jurisdiction over the alleged offense.
(e) The chief of police shall also maintain or cause to be main-
tained a record of all warrants issued by the Court having jurisdiction
over the alleged matter or by any other court on said traffic viola-
tion charges and which are delivered to the police department for
service, and of the final disposition of all such warrants.
(f) It shall be unlawful and official misconduct for any member
of the police department or other officer or public employee to dis-
pose of, alter, or deface a traffic citation or any copy thereof,
or the record of the issuance or disposition of any traffic citation,
complaint, or warrant, in a manner other than as required in this
section.
Sec. 97. Illegal cancellation of traffic citations. It shall
be unlawful for any person to cancel or solicit the cancellation
of any traffic citation in any manner other than as provided by this
article.
Sec. 98. Reserved.
Sec. 99. Notice on illegally parked vehicle. Whenever any motor
vehicle without operator is found parked, angle parked, or stopped
in violation of any of the restrictions imposed by ordinance of this
city, the officer finding such vehicle shall take its registration
number and may take any other information displayed on the vehicle
which may identify its user, and shall conspicuously affix to such
vehicle a copy of the traffic complaint and citation.
Sec. 100. Reserved.
Sec. 101. Presumption in reference to illegal parking. (a) In
any prosecution charging a violation of any law or regulation govern-
ing the standing or parking of a vehicle, proof that the particular
vehicle described in the complaint was parked in violation of any
such law or regulation, together with proof that defendant named in
the complaint was at the time of such parking the registered owner
of such vehicle, shall constitute prima facie evidence 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.
(b) The foregoing stated presumption shall apply only when the
procedure as prescribed in Sec. 99 has been followed.
Sec. 102. Reserved.
Sec. 103. 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 ordinance shall be paid into the general fund of the city.
Sec. 104. Official misconduct. Failure, refusal, or neglect
on the part of any judicial or other officer or employee receiving
or having custody of any such fine or forfeiture of bail, either be-
fore or after deposit in said city general fund, to comply with the
provisions of Sec. 103 shall constitute misconduct in office and
shall be ground for removal therefrom, provided appropriate removal
action is taken pursuant to state law relating to removal of pub-
lic officials.
Sec. 105. Authority to impound vehicles. (a) Members of the
police department are hereby authorized to remove a vehicle from
a street or highway to the nearest garage or other place of safe-
ty or to a garage designated or maintained by the police department
or otherwise maintianed by this city, under the circumstances herein-
after enumerated.
(1) When any vehicle is left unattended upon any bridge, viaduct,
or causeway, or in any tunnel where such vehicle constitutes an ob-
struction to traffic.
(2) When a vehicle upon a highway is so disabled as to constitute
an obstruction to traffic the person or persons in charge of the ve-
hicle are by reason of physical injury incapacitated to such an ex-
tent as to be unable to provide for its custody or removal.
(3) When any vehicle is left unattended upon a street and is so
parked illegally as to constitute a definite hazard or obstruction
to the normal movement of traffic.
(b) Whenever an officer removes a vehicle from a street as au-
thorized in this section, he shall report the abandoned vwhicle to
the chief of the Washington State Patrol, and if the officer knows
or is able to ascertain from the registration records in the ve-
hicle the name and address of the registered or legal owner thereof,
such officer shall immediately give or cause personal notice to be
given in writing to such owner, if any record exists of the registered
or legal owner in the state of Washington, of the fact of such re-
moval and the reasons therefore and of the place to which such vehi-
cle has been removed. The abandoned vehicle shall be taken into
custody of the sheriff of the county where it was abandoned, and stored.
In the event any such public vehicle is stored in a public garage,
a copy of such notice shall be given to the proprietor of such
garage.
(c) Whenever an officer removes a vehicle from a street under
this section and does not know and is not able to ascertain the name
of the owner, or for any other reason is unable to give the notice
to the owner as hereinbefore provided, and in the event the vehicle
is not returned to the owner within a period of three (3) days, then
and in that event, the officer shall immediately send or cause to be
sent written report of such removal by mail to the State Department
whose duty it is to register motor vehicles, and shall file a copy of
such notice with the proprietor of any public garage in which the
vehicle may be stored. Such notice shall include a complete descrip-
tion of the vehicle, date, time, and place from which removed, the
reasons for such removal, and name of the garage or place where the
vehicle is stored.
(d) Any cost incurred in the removal thereof shall be paid by
the owner of the vehicle so removed, and the same shall be a lien
upon such vehicle.
ARTICLE XVIII. ADOPTION BY REFERENCE
Sec. 106. Statutes adopted. The following statutes are hereby
adopted by reference:
RCW 16.24.065
16.24.070
46.04.010 through 46.04.680, as amended, except 46.04.440
46.08.060
46.08.080
46.08.190
-14-
RCW 46.16.010
46.16.135
46.16.240
46.20.021
46.20.342
46.20.343
46.20.344
46.20.420
46.32.060
46.32.070
46.37.010
46.37.020
46.37.030
46.37.040
46.37.050
46.37.060
46.37.070
46.37.080
46.37.090
46.37.100
46.37.110
46.37.120
46.37.130
46.37.140
46.37.150
46.37.160
46.37.170
46.37.180
46.37.185
46.37.186
46.37.187
46.37.188
46.37.190
46.37.200
46.37.210
46.37.220
46.37.230
46.37.240
46.37.250
46.37.260
46.37.270
46.37.280
46.37.290
46.37.300
46.37.310
46.37.340
46.37.351
46.37.360
46.37.365
46.37.370
46.37.380
46.37.390
46.37.400
46.37.410
46.37.420
46.37.430
46.37.440
46.37.450
46.37.460
46.37.470
46.37.480
46.37.500
46.37.510
46.44.010
46.44.020
r✓ +i t1 E E,Gff oN
-15-
d4
RCW 46.44.030
46.44.034
46.44.036
46.44.040
46.44.042
46.44.044
46.44.045
46.44.046
46.44.047
46.44.050
46.44.060
46.44.070
46.44.100
46.44.110
46.48.170
46.52.010
46.52.020
46.52.030
46.52.040
46.52.070
46.52.090
46.52.110
46.61.005
46.61.010
46.61.015
46.61.020
46.61.025
46.61.030
46.61.035
46.61.050
46.61.055
46.61.060
46.61.065
46.61.070
46.61.075
46.61.080
46.61.085
46.61.100
46.61.105
46.61.110
46.61.115
46.61.120
46.61.125
46.61.130
46.61.135
46.61.140
46.61.145
46.61.150
46.61.155
46.61.160
46.61.180
46.61.185
46.61.190 1i
46.61.195 r✓;
46.61.200
46.61.205
46.61.210
46.61.230
46.61.235
46.61.240
the excEyf ;O• 0+ fIE
-16-
46.61.245
46.61.250
46.61.255
46.61.260
46.61.265
46.61.270
46.61.290 with the exception of (4) thereof
46.61.295
46.61.300
46.61.305
46.61.310
46.61.315
46.61.320
46.61.325
46.61.330
46.61.335
46.61.340
46.61.345
46.61.350
46.61.355
46.61.360
46.61.365
46.61.370
46.61.385 only fourth paragraph thereof
46.61.415
46.61.425
46.61.440
46.61.445
46.61.450
46.61.455
46.61.460
46.61.465
46.61.500 OM i, Twse.of.
46.61.505
46.61.510
46.61.525
46.61.530
46.61.535
46.61.570
46.61.575 with the exception of (3) and (4) thereof
46.61.580
46.61.600
46.61.605
46.61.610
46.61.615
46.61.620
46.61.625
46.61.630
46.61.635
46.61.640
46.61.645
46.61.650
46.61.655
46.61.660
46.61.665
46.61.670
46.61.675
46.61.680
46.61.685
46.61.690
46.61.700
46.61.750
46.61.755
-17-
RCW 46.61.760
46.61.765
46.61.770
46.61.775
46.61.780
46.64.010
46.64.020
46.64.025
46.64.030
47.36.130
47.36.180
47.36.200
47.36.220
47.52.010
47.52.011
47.52.040
47.52.110
47.52.120
Chapter 202, Sec. 1,2,3,4,5, and 6 of 1967 Regular Session
Chapter 232, Sec. 1,4,6,7,8, and 10 of Laws of 1967 Regular Session
Chapter 32, Sec. 1,2, and 118 of Laws of 1967 Regular Session
ARTICLE XIX. EFFECT OF, AND SHORT TITLE OF, ORDINANCE
Sec. 107. Effect of partial invalidity. If any part of parts of
this ordinance are for any reason held to be invalid, such decision
shall not affect the validity of the remaining portions of this or-
dinance.
Sec. 108. Repeal. Ordinance No. 211 of this city is hereby re-
pealed, and all ordinances or parts of ordinances in conflict with,
or inconsistent with, the provisions of this ordinance are hereby
repealed, except that this repeal shall not affect or prevent the
prosecution or punishment of any person for any act done or comitted
prior to the taking effect of this ordinance.
Sec. 109. Short title. This ordinance may be known and cited as
the Traffic Ordinance.
Sec. 110. Effective date. Th ordinance shall take effect from
and after the '7 day of d(,(_,? 1967.
7
Passed by the City Council this day of August, 1967.
Approved by the Mayor this
-18-
'7 day of August, 1967.
7
a City Clerk
J
L___ ____,/'Mayor of Tukwital