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HomeMy WebLinkAbout1824 OrdinanceORDINANCE NO. 1 824 AN ORDINANCE ADOPTING THE WASHINGTON MODEL TRAFFIC ORDINANCE AND OTHER TRAFFIC STATUTES TO REGULATE TRAFFIC ON THE HIGHWAYS OF THE CITY OF PASCO AND REPEALING PARTS OF CHAPTERS 10.08, 10.12, 10.16, 10.20, 10.24, 10.28, 10.30, 10.40, 10.44, 10.48, 10.52, 10.60, 10.68, 10.72, 10.76, 10.84 AS SET OUT MORE SPECIFICALLY IN SECTION 7, BELOW AND REPEALING ALL OTHER ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT THEREWITH. AN ORDINANCE ALSO AMENDING PASCO MUNICIPAL CODE SECTION 10.56.040 AND AMENDING SECTION 5 OF ORDINANCE NO. 1304 AND PASCO MUNICIPAL CODE SECTION 10.88.050. WHEREAS, the Model Traffic Ordinance has been adopted by the Washington State Legislature to encourage highway safety by providing current, uniform traffic ordinances in the form of a comprehensive compilation of traffic laws and cities of the State may adopt same by reference; and WHEREAS, adoption of the Washington Model Traffic Ordinance by reference will provide for changes and additions of new sections to the Washington Vehicle Statute automatically at any time the State Legislature amends, repeals or adds new sections thereto; and WHEREAS, it has been determined by the City Council of the City of Pasco, Washington, that such adoption would be in the best interests of the citizens of the City of Pasco and promote public health, safety, and welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1: Adoption by Reference. The "Washington Model Traffic Ordinance", Chapter 46.90 RCW, hereinafter referred to as the "MTO", and RCW 46.52.088, 46.61.202, 46.61.215, 46.61.261, 46.61.264, 46.61.266, 46.61.269 with exception of paragraph (1) thereof, 46.61.540, 46.61.606, 46.61.608, 46.61.614, 46.61.017, and as are presently or are hereinafter amended or repealed are hereby adopted by reference as and for the traffic ordinance of :this city as if set forth in full herein with the exception of the penalty provisions thereof which are superseded by the penalty provisions of this ordinance as set forth in Section 3 and except as provided in Section 2. SECTION 2: Sections Not Adopted. The following sections of the MTO are not adopted by reference and are expressly deleted: 46.61.520 46.90.103 46.90.127 46.90.275 Section 3: Penalties. Any person who is convicted of violating or failing to comply with any of the provisions of this ordinance shall be punished only by a fine of not more than $500.00 except any violation of RCW 46.61.506 (driving while under the influence of intoxicating liquor or drugs), RCW 46.61.506 (the physical control statute).., RCW 46.20.342 (driving with license suspended, revoked, cancelled or denied), RCW 46.52.020 (hit and run.), RCW 46.61.500 (reckless driving) or RCW 46.61.525 (negligent driving) shall be punishable by a fine of not more than $500.00 and/or 90 days in jail. Section 4: 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. Section 5: 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 before or after a deposit in said general fund, to comply with the provisions of Section 4 shall constitute misconduct in office and shall be grounds for removal therefrom, provided appropriate removal action is taken pursuant to State law relating to removal of public officials. Section 6: Filing of Ordinance. Incident to the adoption of the MTO by reference, by this ordinance, three copies of the text of the adopted MTO and of other adopted statutes shall be filed for EPM use and examination by the public in the office of the City Clerk of the City of Pasco prior to the adoption thereof, pursuant to RCW 35.21.180. Section 7: Repeal. The following Chapters and Sections of the Pasco Municipal Code and all ordinances, or parts of ordinances in conflict herewith, are hereby repealed, to -wit: 10.08.040 .050 .070 .080 10.12.010 .040 10.16.010 .020 .040 10.20.010 .080 10.24.030 .070 10.28.010 .020 10.36.030 .060 .070 10.40.010 (delete Chapter 10.40) .020 .030 .040 10.44.020 .030 .050 10.48.030 .040 10.52.010 .050 .060 10.60.030 .040 .050 .060 10.68.010 (delete Chapter 10.68) .020 .030 .040 .050 .060 .070 .080 10.72.010 (delete Chapter 10.72) .020 .030 .040 .050 .060 .070 .080 .090 .100 .110 -3- .'12 0 .130 .140 10.76.010 (delete Chapter 10.76)- .020 .030 .040 .'050 10.84 (delete Chapter'10.84) All other Chapters and Sections of the Pasco Municipal Code relating to vehicles and traffic not specifically enumerated above shall re- main in full force and' effect. Section 8. Amend. Section 10.56.040 is hereby amended to read as follows: PARKING PROHIBITED DURING.CERTAIN HOURS ON CERTAIN STREETS. When signs are erected in each block giving notice thereof, no person shall park.a vehicle between the hours specified in Schedule IV, Section 10.56.090, of any day except Sundays and public holidays within the district or upon any street's described in Schedule IV. "Public holidays" within the meaning of this section embrace only the days as set forth in Section 2.42.290 of this Code. If any of these public holidays falls upon any Sunday, the next day following such date shall be the holiday therefor. (Prior Code Sec. 8 - 34.16) Section 9. Amend. Section 5 of Ordinance No. 1304, Pasco Municipal Code, Section 10.88.050 -is hereby amended to read as follows: LIMITED ACCESS FACILITIES DESIGNATED.. The following streets or parts thereof are limited access facilities: Lewis Street from the south city limits to 18th Street. (Ord. 1304, Sec. 5, 1968) Section 10. Severability Clause. If any provision of this Ordinance 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. Section 11: Effective Date. This'drdinance'shall take full forcezand effect five (5( days from and after its passage, approval and publication as required by law.. M1 - 4 - PASSED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, this 16 day of November 1976. L 6 -�- J Ja Tidrick - Mayor ATTES . velyn Wells-- Deputy City Clerk Approved' -as. to, form: Patrick Roach - City Attorney