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as are presently or are hereinafter amended or repealed are hereby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provisions thereof which are superseded by the penalty provisions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
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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