HomeMy WebLinkAbout3027 OrdinanceORDINANCE NO. 5 oa7
AN ORDINANCE concerning the Washington Model Traffic
Ordinance (MTO) as contained in the Washington Administrative Code,
Chapter 308-330 WAC, to regulate traffic in the City of Pasco, and amending
Chapter 10 05 of the Pasco Municipal Code
WHEREAS, the State Legislature has provided that Chapter 46 90
RCW, which contains the Washington MTO, will expire on July 1, 1994, and
WHEREAS, the provisions of the Washington MTO have been
readopted in the Washington Administrative Code in Chapter 308-330 WAC,
which will become effective on July 1, 1994, and
WHEREAS, SECTIONS 4, 5, 6, 7, 10, 11, 12 and 23 of the "1994 Omnibus
Drunk Driving Act" require adoption into the Municipal Code for successful
DUI prosecution, now, therefore,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO
ORDAIN AS FOLLOWS:
§1. The "Washington Model Traffic Ordinance," Chapter 308-330 WAC,
is hereby adopted by reference as the Traffic Ordinance of the City of Pasco as if
set forth in full
§2. Chapter 10 05 of the Pasco Municipal Code is hereby amended (new
language shown by underlining and deletions by interdelineation) to read as
follows
CHAPTER 10 05
STATE TRAFFIC ORDINANCE ADOPTED
Sections
10 05
10 05
II
010
020
! 1
Adoption by reference
Sections not adopted
10 05 040 Official misconduct
10 05 050 of ordinance Filing
10 05 010 Model ADOPTION BY REFERENCE The "Washington
Traffic Ordinance," RCW Chapter 46 90, hereinafter referred to as the
If i A a I/
II
. ' C P
! : : 4 . . !
j IN IV
4_ ,
i
I
-4
I •1
, . . A A • ,
46 61 606, 46 61 608, 46 61 614, 46 61 017, and as arc presently or are
hereinafter amended or repealed are adopted by reference as for the traffic
ordinance of this city as if set forth in full herein except as provided in
Section 10 05 020 (Ord 2458 Sec 1, 1983 Ord 1824 Sec 1, 1976) T h e
"Washington Model Traffic Ordinance," Chapter 308-330 WAC, is hereby
adopted by reference as the Traffic Ordinance of the City of Pasco as if set forth
in full In addition, Sections 4, 5, 6, 7, 10, 11, 12 and 23 (adopting RCW
46 20 730) of Chapter 275, Laws 1994 ("1994 Omnibus Drunk Driving Act") are
hereby adopted by this reference as if fully set forth herein
10 05 020 SECTIONS NOT ADOPTED The following sections of the
MTO are not adopted by reference and are expressly deleted
46 61 520 WAC 308-330-250
46 90 103 WAC 308-330-520 through 540
46 90 127
46 90 275
(Ord 1824 Sec 2, 1976)
10 05 030 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 1824 Sec 4, 1976)
10 05 040 OFFICIAL MISCONDUCT Failure, refusal or neglect on
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 10 05 030 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 (Ord 1824 Sec 5, 1976)
10 05 050 FILING OF ORDINANCE Incident to the adoption of the
MTO by reference by this chapter, three copies of the text of the adopted
MTO-and-ef—ether adopted statutes shall be filed for use and examination by
the public in the office of the city clerk prior to the adoption thereof,
pursuant to RCW 35 21 180 (Ord 1824 Sec 6, 1976)
§3. This Ordinance and the amendment of Chapter 10 05 PMC does not
affect any pending or existing litigation and does not operate as an abatement
or bar to any action or proceeding pending under or by virtue of Chapter 10 05
PMC prior to its amendment by this Ordinance
Ordinance No 30a .'7 Page 2 of 3
CATHERINE D SEAMAN
Deputy City Clerk
GREG A RUBS -TE
City Attorney
§4. 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 either persons or circumstances is not affected
§5. This Ordinance shall take effect from and after July 1, 1994
Passed by the City Council of the City of Pasco, at a regular meeting this
20th day of June, 1994
City of Pasco:
ATTEST:
AB ROVED AS TO FORM:
Ordinance No. 3Page 3 of 3
Washington State Register, Issue 94-01 V WSR 94-01-076
0 ra ,cl&
Chapter 308-330 WAC
WASHINGTON MODEL TRAFFIC ORDINANCE
NEW SECTION
WAC 308-330-005 Purpose of this chapter. The
purpose of this chapter is to encourage highway safety and
uniform traffic laws by authorizing the department of
licensing to adopt a comprehensive compilation of sound,
uniform traffic laws to serve as a guide which local authori-
ties may adopt by reference or any part thereof, including all
future amendments or additions thereto Any local authority
which adopts this chapter by reference may at any time
exclude any section or sections from this chapter which it
does not desire to include in its local traffic ordinance. This
chapter is not intended to deny any local authority its
legislative power, but rather to enhance safe and efficient
movement of traffic throughout the state by having current,
uniform traffic laws available
NEW SECTION
WAC 308-330-010 Amendments to this chapter
automatically included. The addition of any new section
to, or amendment or repeal of any section in, this chapter
shall be deemed to amend any city, town, or county ordi-
nance which has adopted by reference to this chapter or any
part thereof, and it shall not be necessary for the legislative
authority of any city, town, or county to take any action with
respect to such addition, amendment, or repeal notwithstand-
ing The provisions of RCW 35.21.180, 35A 12.140,
35A.13 180, and 36 32.120(7).
NEW SECTION
WAC 308-330-030 Uniformity in application. The
provisions of this chapter relating to the operation of
vehicles shall be applicable and uniform upon all persons
operating vehicles upon the public highways of this state,
except as otherwise specifically provided
1 347 1 Permanent
V WSR 94-01-082 Washington State Register, Issue 94-01
NEW SECTION
WAC 308-330-100 Chapter 46.04 RCW (Definitions)
adopted by reference. All sections of chapter 46 04 RCW
as now or hereafter amended are hereby adopted by refer-
ence as a part of this chapter in all respects as though such
sections were set forth herein in full
NEW SECTION
WAC 308-330-109 Bus "Bus" means every motor
vehicle designed for carrying more than ten passengers and
used for transportation of persons, and every motor vehicle,
other than a taxicab, designed and used for the transportation
of persons for compensation
NEW SECTION
WAC 308-330-112 Bus stop "Bus stop" means a
fixed portion of the highway parallel and adjacent to the
curb to be reserved exclusively for buses for layover in
operating schedules or while waiting for, loading, or unload-
ing passengers Provided, That such bus provides regularly
scheduled service within the jurisdiction of the local authori-
ty
NEW SECTION
WAC 308-330-115 City "City" means every incorpo-
rated city and town
NEW SECTION
WAC 308-330-118 Demolish. "Demolish" means to
destroy completely by use of a hydraulic baler and shears, or
a shredder
NEW SECTION
WAC 308-330-121 Department. "Department" means
the department of licensing unless otherwise specified in this
chapter
NEW SECTION
WAC 308-330-123 Director. "Director" means the
director of licensing unless the director of a different
department of government is specified
NEW SECTION
WAC 308-330-127 Holidays. "Holidays" include the
first day of January, commonly called New Year's Day, the
third Monday in January, commonly called Martin Luther
King Jr day, the third Monday of February, being celebrated
as the anniversary of the birth of George Washington, the
thirtieth day of May, commonly known as Memorial Day,
the fourth day of July, being the anniversary of the Declara-
tion of Independence, the first Monday in September, to be
known as Labor Day, the fourth Thursday in November, to
be known as Thanksgiving Day, the twenty-fifth day of
December, commonly called Christmas Day, and any other
day specified by ordinance by the local authority to be a
holiday Whenever any holiday falls upon a Sunday, the
following Monday shall be a holiday
NEW SECTION
WAC 308-330-133 Loading zone Loading zone"
means a space reserved for the exclusive use of vehicles
during the loading or unloading of property or passengers
NEW SECTION
WAC 308-330-136 Official time standard "Official
time standard" means, whenever certain hours are named,
standard time or daylight saving time as may be in current
use within the jurisdiction of the local authority
NEW SECTION
WAC 308-330-139 Ordinance. "Ordinance" means a
city or town ordinance or a county ordinance or resolution
NEW SECTION
WAC 308-330-142 Parking meter. "Parking meter"
means any mechanical device or meter placed or erected
adjacent to a parking meter space, for the purpose of
regulating or controlling the period of time of occupancy of
such parking meter space by any vehicle Each parking
meter Installed shall indicate by proper legend the legal
parking time and when operated shall at all times indicate
the balance of legal parking time, and at the expiration of
such period shall indicate illegal or overtime parking Each
meter shall bear a legend indicating the days and hours when
the requirement to deposit coins therein shall apply, the
value of the coins to be deposited, and the limited period of
time for which parking is lawfully permitted in the parking
meter space in which such meter is located
NEW SECTION
WAC 308 -330-145 Parking meter space. "Parking
meter space" means any space within a parking meter zone,
adjacent to a parking meter and which is duly designated for
the parking of a single vehicle by appropriate markings on
the pavement and/or the curb
NEW SECTION
WAC 308-330-148 Parking meter zone. "Parking
meter zone" means any highway or part thereof or any off-
street parking lot on which parking meters are installed and
in operation
NEW SECTION
WAC 308-330-151 Passenger loading zone. "Passen-
ger loading zone" means a place reserved for the exclusive
use of vehicles while receiving or discharging passengers
NEW SECTION
WAC 308-330-154 Planting strip. "Planting strip"
means that portion of a highway lying between the construct-
ed curb, or edge of the roadway, and the property line
exclusive of the sidewalk area 0)
Permanent [ 348 ]
Washington State Register, Issue 94 -01 WSR 94 -01 -082
• NEW SECTION
WAC 308-330-157 Police or police officer. "Police
or police officer" includes the police officers of a city, a
town, marshal, or the shenff and his/her deputies of a county
whichever is applicable, but when the term sheriff is used in
this chapter, it shall only mean the sheriff
NEW SECTION
WAC 308-330-160 Police chief or chief of police.
"Police chief or chief of police" Includes the police chief or
chief police officer of a city, a town marshal, or the sheriff
of a county, whichever is applicable, but when the term
sheriff is used in this chapter, it shall only mean the sheriff
NEW SECTION
WAC 308-330-163 Police department. "Police
department" includes the police department of a city or town
or the sheriff's office of a county whichever is applicable,
but when the term sheriff is used in this chapter, it shall only
mean the sheriff
NEW SECTION
WAC 308-330-169 School bus zone. "School bus
zone" means a designated portion of the highway along the
curb reserved for loading and unloading school buses during
designated hours
NEW SECTION 411 WAC 308-330-172 Service parking. "Service
parking" means the use of a parking meter space while
rendering service in cleaning, painting, adjusting, or making
minor repairs or replacements in or to buildings or building
equipment or to public utilities
NEW SECTION
WAC 308-330-175 Street. "Street" means a "city
street"
NEW SECTION
WAC 308-330-178 Taxicab. "Taxicab" means a motor
vehicle for hire used for the transportation of persons for
compensation, and not operated exclusively over a fixed
route or between fixed termini
NEW SECTION
WAC 308-330-181 Taxicab stand. "Taxicab stand"
means a fixed portion of a highway set aside for taxicabs to
stand or wait for passengers
NEW SECTION
WAC 308-330-184 Tow truck operator. "Tow truck
operator' means a person, firm, partnership, association, or
corporation which, in its course of business, provides towing
services for vehicles and automobile hulks
NEW SECTION
WAC 308-330-187 Traffic division. "Traffic division"
means the traffic division of the police department of the
local authority, or in the event a traffic division is not
established, then said term wherever used in this chapter
shall be deemed to refer to the police department of the local
authority
NEW SECTION
WAC 308-330-190 U-turn. "U-turn" means turning a
vehicle so as to proceed in the opposite direction on the
same roadway
NEW SECTION
WAC 308-330-195 RCW sections adopted—Live-
stock The following sections of the Revised Code of
Washington (RCW) pertaining to livestock on highway right-
of-way as now or hereafter amended are hereby adopted by
reference as a part of this chapter in all respects as though
such sections were set forth herein in full RCW 16 24 065,
and 16 24 070
NEW SECTION
WAC 308-330-197 RCW sections adopted—Off road
and nonhighway vehicles. The following sections of the
Revised Code of Washington (RCW) pertaining to off road
and nonhighway vehicles as now or hereafter amended are
hereby adopted by reference as a part of this chapter in all
respects as though such sections were set forth herein in full
RCW 46 09 020, 46 09 120, 46 09 130, 46 09 140, and
46 09 180
NEW SECTION
WAC 308-330-200 RCW sections adopted—
Snowmobiles The following sections of the Revised Code
of Washington (RCW) pertaining to snowmobiles as now or
hereafter amended are hereby adopted by reference as a part
of this chapter in all respects as though such sections were
set forth herein in full RCW 46 10 010, 46 10 090,
46 10 100,46 10 110, 46 10 120,46 10 130,46 10140, and
46 10 190
NEW SECTION
WAC 308-330-205 Public employees to obey traffic
regulations. The provisions of this chapter shall apply to
the drivers of all vehicles owned or operated by the United
States, the state, or any county, city, town, district, or any
other political subdivision of the state, subject to such
specific exceptions as are set forth in this chapter
NEW SECTION
WAC 308-330-210 Police administration There is
established in the police department of the local authority a
traffic division to be under the control of a police officer
appointed by, and directly responsible to, the chief of police • MIeJelffilnlaiAlail [ 349 1
Permanent
WSR 94-01-082 Washington State Register, Issue 94-01
NEW SECTION
WAC 308-330-215 Duty of traffic division It shall
be the duty of the traffic division with such aid as may be
rendered by other members of the police department to
enforce 'he traffic regulations of the local authority, to make
arrests for traffic violations, to investigate accidents and to
cooperate with the traffic engineer and other officers of the
local authority in the administration of the traffic laws and
in developing ways and means to improve traffic conditions,
and to carry out those duties specially imposed upon the said
division by this chapter and the traffic ordinances of the
local authority
NEW SECTION
WAC 308-330-220 Authority of police and fire
department officials (1) Officers of the police department
or such officers as are assigned by the chief of police are
authorized to direct all traffic by voice, hand, or signal in
conformance with law Provided, That in the event of a fire
or other emergency or to expedite traffic or to safeguard
pedestrians, officers of the police department may direct
traffic as conditions may require notwithstanding the
provisions of law
(2) 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
NEW SECTION
WAC 308-330-225 Records of traffic violations. (I)
The police department or the traffic division thereof shall
keep a record of all violations of the traffic ordinances of the
local authority or of the state motor vehicle laws of which
any person has been charged, with the exception of illegal
parking or standing violations, together with a record of the
final disposition of all such alleged offenses Such records
shall be so maintained as to show all types of violations and
the total of each Such records shall accumulate during at
least a five-year period, and from that time on the records
shall be maintained complete for at least the most recent
five-year period
(2) All forms for records of violations and notices of
violations shall be serially numbered For each month and
year a written record of all such forms shall be kept
(3) Records and reports concerning a person shall be
available upon request only to that particular person request-
ing such record or report concerning himself, or the legal
guardian thereof, the parent of a minor, or any authorized
representative of such interested party, or the attorney or
insurer thereof
NEW SECTION
WAC 308-330-230 Traffic division to investigate
accidents It shall be the duty of the traffic division,
assisted by other members of the police department, to
investigate traffic accidents, to arrest, and to assist in the
prosecution of those persons charged with violations of law
causing or contributing to such accidents
NEW SECTION
WAC 308-330-235 Traffic accident studies. Whenev-
er the accidents at any particular location become numerous,
the traffic division shall cooperate with the traffic engineer
in conducting studies of such accidents and in determining
remedial measures
NEW SECTION
WAC 308-330-240 Traffic accident reports The
traffic division shall maintain a suitable system of filing
traffic accident reports Accident reports or cards referring
to them shall be filed alphabetically by location Such
reports shall be available for the use and the information of
the traffic engineer
NEW SECTION
WAC 308-330-245 Traffic division to submit annual
traffic safety report. The traffic division shall annually
prepare a traffic report which shall be filed with the appoint-
ing authority of the local authority Such report shall contain
information on traffic matters in the local authority as
follows
(1) The number of traffic accidents, the number of
persons killed, the number of persons injured, and other
pertinent traffic accident data,
(2) The number of traffic accidents investigated and
other pertinent data on the safety activities of the police,
(3) The plans and recommendations of the division for
future traffic safety activities
NEW SECTION
WAC 308-330-250 Police department to administer
bicycle licenses. The police department or some other office
or department designated by the local authority shall admin-
ister the bicycle license regulations required by this chapter
NEW SECTION
WAC 308-330-255 Police department to regulate
parking meters. The police department shall be responsible
for the regulation, control, operation, and use of parking
meters installed in all parking meter zones
NEW SECTION
WAC 308-330-260 Traffic engineer. (1) The office
of traffic engineer is established Provided, That if there is
no traffic engineer, then the engineer of the local authority
shall serve as traffic engineer in addition to his/her other
functions, and shall exercise the powers and duties with
respect to traffic as provided in this chapter Provided
further, That if there is no engineer in the local authority,
then the appointing authority shall designate a person to
exercise such powers and duties
(2) It shall be the general duty of the traffic engineer to
determine the installation and maintenance of traffic control
devices, to conduct engineering analysis of traffic accidents
and to devise remedial measures, to conduct engineering
investigations of traffic conditions, to plan the operation of
traffic on the highways of the local authority, to cooperate
Permanent 350 1
Washington State Register, Issue 94-01 WSR 94-01-082
with other officials in the development of ways and means
to improve traffic conditions, and to carry out the additional
powers and duties imposed by any ordinances of the local
authority
NEW SECTION
WAC 308-330-265 Traffic engineer—Authority The
traffic engineer is authonzed
(1) To place and maintain official traffic control devices
when and as required under the traffic ordinances or resolu-
tions of the local authority to make effective the provisions
of said ordinances or resolutions, and may place and
maintain such additional official traffic control devices as
he/she may deem necessary to regulate, warn, or guide
traffic under the traffic ordinances or resolutions of the local
authority,
(2) To place and maintain official traffic control devices
as he/she may deem necessary to regulate, warn, or guide
traffic for construction, detours, emergencies, and special
conditions,
(3) To designate and maintain, by appropriate devices,
marks, or lines upon the surface of the roadway, crosswalks
at intersections where in his/her opinion there is particular
danger to pedestrians crossing the roadway, and in such
other places as he/she may deem necessary,
(4) To establish safety zones of such kind and character
and at such places as he/she may deem necessary for the
protection of pedestrians,
(5) To mark traffic lanes upon the roadway of any
highway where a regular alignment of traffic is necessary,
(6) To regulate the timing of traffic signals so as to
permit the movement of traffic in an orderly and safe
manner,
(7) To place official traffic control devices within or
adjacent to intersections indicating the course to be traveled
by vehicles turning at such intersections, in accordance with
the provisions of this chapter, and such course to be traveled
as so indicated may conform to or be other than as pre-
scribed by law,
(8) To determine those intersections at which drivers of
vehicles shall not make a right, left, or U-turn, and shall
place proper signs at such intersections The making of such
turns 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,
(9) To erect and maintain stop signs, yield signs, or
other official traffic control devices to designate arterial
highways or to designate intersection or other roadway
Junctions at which vehicular traffic on one or more of the
roadways shall yield or stop and yield before entering the
intersection or junction, except as provided in RCW
46 61 195,
(10) To Issue special permits to authorize the backing of
a vehicle to the curb for the purpose of loading or unloading
property subject to the terms and conditions of such permit
Such permits may be issued either to the owner or lessee of
real property alongside the curb or to the owner of the
vehicle and shall grant to such person the privilege as therein
stated and authorized by this section,
(11) To erect signs indicating no parking upon both
sides of a highway when the width of the improved roadway
does not exceed twenty feet, or upon one side of a highway
as indicated by such signs when the width of the improved
roadway is between twenty and twenty-eight feet,
(12) To determine when standing or parking may be
permitted upon the left-hand side of any roadway when the
highway includes two or more separate roadways and traffic
is restricted to one direction upon any such roadway and to
erect signs giving notice thereof,
(13) To determine and designate by proper signs places
not exceeding one hundred 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,
(14) To determine the location of loading zones,
passenger loading zones, and tow-away zones and shall place
and maintain appropriate signs or curb markings supplement-
ed with the appropriate words stenciled on the curb indicat-
ing the same and staling the hours during which the provi-
sions of this chapter are applicable,
(15) To establish bus stops, bus stands, taxicab stands,
and stands for other for hire vehicles on such highways in
such places and in such number as he/she 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 or by curb markings
supplemented with the appropriate words stenciled on the
curb,
(16) To erect and maintain official traffic control
devices on any highway or part thereof to impose gross
weight limits on the basis of an engineering and traffic
investigation,
(17) To erect and maintain official traffic control
devices on any highway or part thereof to prohibit the
operation of trucks exceeding ten thousand pounds gross
weight on the basis of an engineering and traffic investiga-
tion Provided, That such devices shall not prohibit neces-
sary local operation on such highways for the purpose of
making a pickup or delivery,
(18) To erect and maintain official traffic control
devices on any highway or part thereof to impose vehicle
size restrictions on the basis of an engineering and traffic
investigation,
(19) To determine and designate those heavily traveled
highways upon which shall be prohibited any class or kind
of traffic which is found to be incompatible with the normal
and safe movement of traffic on the basis of an engineering
and traffic investigation and shall erect appropriate official
traffic control devices giving notice thereof,
(20) To install parking meters in the established parking
meter zones upon the curb adjacent to each designated
parking space,
(21) To designate the parking space adjacent to each
parking meter for which such meter is to be used by appro-
priate markings upon the curb and/or the pavement of the
highway,
(22) To post appropriate signs making it unlawful for
pedestrians to cross highways in certain crosswalks when
such crossing would endanger either pedestrian or vehicular
traffic using, the highway, "ERM A _k [ 351 J
Permanent
V
WSR 94-01-082 Washington State Register, Issue 94-01
(23) To test new or proposed traffic control devices
under actual conditions of traffic
NEW SECTION
WAC 308-330-270 Local authority-Authority
After an engineering and traffic investigation by the traffic
engineer, the local authority may by resolution
(1) Decrease maximum speed limits pursuant to RCW
46 61 415,
(2) Increase maximum speed limits pursuant to RCW
46 61 415,
(3) Determine and declare the maximum speed limits on
arterial highways pursuant to RCW 46 61 415,
(4) Determine and declare upon what highways angle
parking shall be permitted pursuant to RCW 46 61 575(3),
(5) Prohibit, regulate, orliiint, stopping, standing, or
parking of vehicles on any highway at all times or during
such times as shall be indicated by official traffic control
devices,
(6) Determine and declare parking meter zones upon
those highways or parts thereof where the installation of
parking meters will be necessary to regulate parking,
(7) Close any highway or part thereof temporarily to
any or all traffic,
(8) Determine and declare one-way highways pursuant
to RCW 46 61 135,
(9) Determine and declare arterial highways pursuant to
RCW 46 61 195 and 46 61 435
NEW SECTION
WAC 308-330-275 Traffic safety commission-
Powers and duties (1) There is established a traffic safety
commission to serve without compensation, consisting of the
traffic engineer, the chief of police, or, in his/her discretion
as his/her representative, the chief of the traffic division or
other cognizant member of the police department, one
representative each from the engineer's office and the
attorney's office, and such number of other officers of the
local authority and representatives of unofficial bodies as
may be determined and appointed by the appointing authon-
ty of the local authority The chair of the commission shall
be appointed by such appointing authority and may be
removed by such authority
(2) It shall be the duty of the traffic safety commission,
and to this end it shall have authority within the limits of the
funds at its disposal, to coordinate traffic activities, to
supervise the preparation and publication of traffic reports,
to receive complaints having to do with traffic matters, and
to recommend to the legislative body of the local authority
and to the traffic engineer, the chief of the traffic division,
and other officials, ways and means for improving traffic
conditions and the administration and enforcement of traffic
regulations
NEW SECTION
WAC 308-330-300 RCW sections adopted-Certifi-
cates of ownership and registrations The following
sections of the Revised Code of Washington (RCW) pertain-
ing to vehicle certificates of ownership and registrations as
now or hereafter amended are hereby adopted by reference
as a part of this chapter in all respects as though such
sections were set forth herein in full RCW 46 12 070,
46 12 260, 46 12300,
12340, 46 12350, and
NEW SECTION
WAC 308-330-305 RCW sections adopted-Vehicle
licenses The following sections of the Revised Code of
Washington (RCW) pertaining to vehicle licenses as now or
hereafter amended are hereby adopted by reference as a part
of this chapter in all respects as though such sections were
set forth herein in full RCW 46 16 010, 46 16011,
46 16 022, 46 16023, 46 16 025, 46 16 028, 46 16030,
46 16 048, 46 16 088, 46 16 135, 46 16 140, 46 16 145,
46 16 170, 46 16 180, 46 16240, 46 16260, 46 16290,
46 16 316, 46 16381, 46 16390, 46 16 500, 46 16505,
46 16 595, and 46 16 710
NEW SECTION
WAC 308-330-307 RCW sections adopted-Driver
licenses identicards The following sections of the Revised
Code of Washington (RCW) pertaining to driver licenses
identification cards as now or hereafter amended are hereby
adopted by reference as a part of this chapter in all respects
as though such sections were set forth herein in full RCW
46 20 021, 46 20 022, 46 20 025, 46 20 027, 46 20 031,
46 20 041, 46 20 045, 46 20 190, 46 20 220, 46 20308,
46 20 336, 46 20 338, 46 20 342, 46 20 343, 46 20 344,
46 20 391, 46 20 394, 46 20410, 46 20 420, 46 20 430,
46 20 435, 46 20 500, 46 20 510, 46 20 550, and 46 20 750
NEW SECTION
WAC 308-330-309 RCW sections adopted-Uniform
Commercial Driver's License Act. The following sections
of the Revised Code of Washington (RCW) pertaining to the
Uniform Commercial Driver's License Act as now or
hereafter amended are hereby adopted by reference as a part
of this chapter in all respects as though such sections were
set forth herein in full RCW 46 25 010, 46 25 020,
46 25 030, 46 25 040, 46 25 050, 46 25 110, 46 25 120, and
46 25 170
NEW SECTION
WAC 308-330-310 RCW sections adopted-
Financial responsibility. The following section of the
Revised Code of Washington (RCW) pertaining to financial
responsibility as now or hereafter amended is hereby adopted
by reference as a part of this chapter in all respects as
though such section were set forth herein in full RCW
46 29 605
NEW SECTION
WAC 308-330-312 RCW sections adopted-
Mandatory liability insurance The following sections of
the Revised Code of Washington (RCW) pertaining to
mandatory liability insurance as now or hereafter amended
are hereby adopted by reference as a part of this chapter in
all respects as through such sections were set forth herein in
46
46
46
12080, 46 12 101, 46 12 102,
12310, 46 12320, 46 12330, 46
12 380
4
a
O
Permanent [ 352 j
Washington State Register, Issue 94-01 WSR 94-01-082
full RCW 46 30 010, 46 30 020, 46 30 030, and
46 30 040
NEW SECTION
WAC 308-330-314 RCW sections adopted-Vehicle
inspection The following sections of the Revised Code of
Washington (RCW) pertaining to vehicle inspection as now
or hereafter amended are hereby adopted by reference as a
part of this chapter in all respects as though such sections
were set forth herein in full RCW 46 32 060 and 46 32 070
NEW SECTION
WAC 308-330-316 RCW sections adopted-Vehicle
lighting and other equipment. The following sections of
the Revised Code of,Washington (RCW) pertaining to
vehicle lighting and other equipment as now or hereafter
amended are hereby adopted by reference as a part of this
chapter in all respects as though such sections were set forth
herein in full RCW 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 37090, 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 37 184, 46 37 185, 46 37 186, 46 37 187, 46 37 188,
46 37 190, 46 37 193, 46 37 196, 46 37 200, 46 37 210,
46 37 215, 46 37 220, 46 37 230, 46 37 240, 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 37 369,
46 37 375, 46 37 380, 46 37 390, 46 37 400, 46 37 410,
46 37 420, 46 37 423, 46 37 424, 46 37 425, 46 37 430,
46 37 435, 46 37 440, 46 37 450, 46 37 460, 46 37 465,
46 37 467, 46,37 470, 46 37 480, 46 37 490, 46 37 500,
46 37 510, 46 37 513, 46 37 517, 46 37 520, 46 37 522,
46 37 523, 46 37 524, 46 37 525, 46 37 527, 46 37 528,
46 37 529, 46 37 530, 46 37 535, 46 37 537, 46 37 539,
46 37 540, 46 37 550, 46 37 560, 46 37 570, 46 37 590,
46 37 600, 46 37 610, and 46 37 620
NEW SECTION
WAC 308-330-320 RCW sections adopted-Size,
weight, load The following sections of the Revised Code
of Washington (RCW) pertaining to vehicle size, weight, and
load as now or hereafter amended are hereby adopted by
reference as a part of this chapter in all respects as though
such sections were set forth herein in full RCW 46 44 010,
46 44 015, 46 44 020, 46 44 030, 46 44 034, 46 44 036,
46 44 037, 46 44 041, 46 44 042, 46 44 047, 46 44 050,
46 44 060, 46 44 070, 46 44 090, 46 44 091, 46 44 092,
46 44 093, 46 44 095, 46 44 096, 46 44 105, 46 44 120,
46 44 130, 46 44 140, 46 44 170, 46 44 173, 46 44 175, and
46 44 180
NEW SECTION
WAC 308-330-322 RCW sections adopted-Trans-
portation of hazardous materials The following section
of the Revised Code of Washington (RCW) pertaining to
transportation of hazardous materials as now or hereafter
amended is hereby adopted by reference as a part of this
chapter in all respects as though such section were set forth
herein in full RCW 46 48 170
NEW SECTION
WAC 308 -330 -325 RCW sections adopted -Acci-
dents, reports The following sections of the Revised Code
of Washington (RCW) pertaining to accidents and accident
reports as now or hereafter amended are hereby adopted by
reference as a part of this chapter in all respects as though
such sections were set forth herein in full
46 52 020, 46 52 030, 46 52 040, 46 52
46 52 088, 46 52 090, and 46 52 100
RCW 46 52 010,
070, 46 52 080,
NEW SECTION
WAC 308 -330 -327 RCW sections adopted-Hulk
haulers and scrap processors. The following sections of
the Revised Code of Washington (RCW) pertaining to hulk
haulers and scrap processors as now or hereafter amended
are hereby adopted by reference as a part of this chapter in
all respects as though such sections were set forth herein in
full RCW 46 79 010 and 46 79 120
NEW SECTION
WAC 308 -330 -329 RCW sections adopted-Rental
car businesses The following section of the Revised Code
of Washington (RCW) pertaining to rental car businesses as
now or hereafter amended is hereby adopted by reference as
a part of this chapter in all respects as though such section
were set forth herein in full RCW 46 87 023
NEW SECTION
WAC 308-330-330 RCW sections adopted-Motor
vehicle wreckers The following section of the Revised
Code of Washington (RCW) pertaining to motor vehicle
wreckers as now or hereafter amended is hereby adopted by
reference as a part of this chapter in all respects as though
such section were set forth herein in full RCW 46 80 010
NEW SECTION
WAC 308-330-360 Owner of record presumed liable
for costs when vehicle abandoned-Exception. (1) The
abandonment of any vehicle or automobile hulk shall
constitute a prima facie presumption that the last owner of
record is responsible for such abandonment and thus liable
for any costs incurred in removing, storing, and disposing of
any abandoned vehicle
(2) A registered owner transferring a vehicle shall be
relieved from personal liability under this section if within
five days of the transfer he/she transmits to the department
a seller's report of sale on a form prescribed by the director
NEW SECTION
WAC 308-330-365 Contract with registered disposer
to dispose of vehicles and hulks-Compliance required
(1) The local authority may contract with any tow truck
operator who is engaged in removing and storing of vehicles
and who is registered as a registered disposer by the depart-
ment for the purpose of disposing of certain automobile
hulks, abandoned junk motor vehicles, and abandoned
vehicles
353 1 Permanent
r WSR 94-01-082 Washington State Register, Issue 94-01 = - '..-...-.1.--1;':.'....:: ...- - :',;:i-.:!:- 7!--....1::.'''-:.--:-.1,1): . :-. • .- .. .,. :'•:::1- . .1 . PERNAANENT....f, . , (2) Any registered disposer under contract to the local
authority for the removing and storing of vehicles or hulks
shall comply with the administrative regulations relative to
the handling and disposing of vehicles or hulks as may be
promulgated by the local authority or the director
NEW SECTION
WAC 308-330-370 Stolen and abandoned vehicles--
Reports of-Recovery, report required, penalty-Disposi-
tion It shall be the duty of the chief of police to report
immediately to the chief of the Washington state patrol all
motor vehicles reported to them as stolen or recovered, upon
forms to be provided by the chief of the Washington state
patrol
In the event that any motor vehicle reported as stolen
has been recovered, failure of the person so reporting the
same as stolen to report the recovery thereof to the chief of
police to whom such motor vehicle was reported as stolen is
a traffic infraction
It shall be the duty of the chief of police to report to the
chief of the Washington state patrol all vehicles or automo-
bile hulks found abandoned on a highway or at any other
place and the same shall, at the direction of a law enforce-
ment officer, be placed in the custody of a registered
disposer
NEW SECTION
WAC 308-330-375 Disposition of abandoned junk
motor vehicles. (1) Notwithstanding any other provision of
law, the chief of police on his/her own volition, or upon
request from a private person having the right to possession
of property upon which an abandoned junk motor vehicle
has been left, shall inspect and may authonze the disposal of
an abandoned junk motor vehicle The chief of police shall
record the make of such vehicle, the serial number if
available, and shall also detail the damaged or missing
equipment to substantiate a fair market value as scrap only
He/she shall prepare in duplicate for each such abandoned
junk motor vehicle as an authorization to dispose on a form
provided by the director He/she shall issue the original
copy of such authorization to dispose to any licensed hulk
hauler, motor vehicle wrecker, or scrap processor for the
purpose of acquiring an abandoned junk motor vehicle
Provided, That such acquisition is for the purpose of
ultimate transfer to and demolition by a licensed scrap
processor
(2) Any moneys arising from the disposal of abandoned
junk motor vehicles shall be deposited in the county general
fund
NEW SECTION
WAC 308-330-400 Provisions of chapter refer to
vehicles upon highway-Exception The provisions of this
chapter relating to the operation of vehicles refer exclusively
to the operation of vehicles upon highways except
(1) Where a different place is specifically referred to in
a given section,
(2) The provisions of RCW 46 52 010, 46 52 020,
46 52 030, 46 52 070 46 52 080, 46 52 090, and 46 61 500
through 46 61 515 shall apply upon highways and elsewhere
throughout the jurisdiction of the local authority
NEW SECTION
WAC 308-330-403 Required obedience to traffic
ordinance It is unlawful for any person to do any act
forbidden or fail to perform any act required by this chapter
NEW SECTION
WAC 308-330-406 RCW sections adopted-Aban-
doned, unauthorized, and junk vehicle tow truck opera-
tors. The following sections of the Revised Code of
Washington (RCW) pertaining to abandoned, unauthorized,
and junk vehicle tow truck operators as now or hereafter
amended are hereby adopted by reference as a part of this
chapter in all respects as though such Sections were set forth
herein in full RCW 46 55 010, 46 55 020, 46 55 030,
46 55 035, 46 55 037, 46 55 040, 46 55 050, 46 55 060,
46 55 063, 46 55 070, 46 55 080, 46 55 085, 46 55 090,
46 55 100, 46 55 105, 46 55 110, 46 55 113, 46 55 120,
46 55 130, 46 55 140, 46 55 150, 46 55 160, 46 55 170,
46 55 230, 46 55 240, and 46 55 910
NEW SECTION
WAC 308-330-408 RCW sections adopted-Traffic
laws, signs, signals, markings. The following sections of
the Revised Code of Washington (RCW) pertaining to
obedience to and effect of traffic laws, traffic signs, signals
and markings as now or hereafter amended are hereby
adopted by reference as a part of this chapter in all respects
as though such sections were set forth herein in full RCW
46 61 005, 46 61 015, 46 61 020, 46 61 021, 46 61 022,
46 61 024, 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 61 072,
46 61 075, 46 61 080, 46 61 085, and 46 61 220
NEW SECTION
WAC 308-330-409 Traffic control devices re-
quired-Stopping, standing, and parking No prohibition,
regulation, or limitation relating to stopping, standing, or
parking imposed under this chapter or any ordinance of the
local authority for which traffic control devices are required
shall be effective unless official traffic control devices are
erected and in place at the time of any alleged offense
NEW SECTION
WAC 308-330-412 Crossing new pavement and
markings. No person shall ride or drive any animal,
bicycle, or vehicle, across any newly made pavement or
freshly applied markings on any highway when a sign, cone
marker, or other warning device is in place warning persons
not to drive across such pavement or marking
NEW SECTION
WAC 308-330-415 RCW sections adopted-Right of
way. The following sections of the Revised Code of
Washington (RCW) pertaining to vehicles and pedestrians
use of roadways, milt of way rights and duties as now or
(
1
Permanent [ 354 1
IIR
Washington State Register, Issue 94-01 WSR 94-01-082
S
hereafter amended are hereby adopted by reference as a part
of this chapter in all respects as though such sections were
set forth herein in full RCW 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, 46 61 195,
46 61 200, 46 61 202, 46 61 205, 46 61 210, 46 61 215,
46 61 230, 46 61 235, 46 61 240, 46 61 245, 46 61 250,
46 61 255, 46 61 260, 46 61 261, 46 61 264, 46 61 266, and
46 61 269
NEW SECTION
WAC 308-330-421 RCW sections adopted-Starting
and stopping. The following sections of the Revised Code
of Washington (RCW) pertaining to turning, starting, signals
on stopping and turning, and special stops as now or
hereafter amended are hereby adopted by reference as a part
of this chapter in all respects as though such sections were
set forth herein in full RCW 46 61 290, 46 61 295,
46 61 300, 46 61 305, 46 61 310, 46 61 315, 46 61 340,
46 61 345, 46 61 350, 46 61 355, 46 61 365, 46 61 370,
46 61 371, 46 61 372, 46 61 375, and 46 61 385
NEW SECTION
WAC 308-330-423 RCW sections adopted-Speed
restrictions The following sections of the Revised Code of
Washington (RCW) pertaining to speed restrictions as now
or hereafter amended are hereby adopted by reference as a
part of this chapter in all respects as though such sections
were set forth herein in full RCW 46 61 400, 46 61 415,
46 61 425, 46 61 427, 46 61 428, 46 61 435, 46 61 440,
46 61 445, 46 61 450, 46 61 455, 46 61 460, 46 61 465,
46 61 470, and 46 61 475
NEW SECTION
WAC 308-330-425 RCW sections adopted-Reckless
driving, vehicular homicide and assault. The following
sections of the Revised Code of Washington (RCW) pertain-
ing to reckless driving, driving while under the influence of
intoxicating liquor or any drug, vehicular homicide and
assault as now or hereafter amended are hereby adopted by
reference as a part of this chapter in all respects as though
such sections were set forth herein in full RCW 46 61 500,
46 61 502, 46 61 504, 46 61 506, 46 61 515, 46 61 517,
46 61 519, 46 61 5191, 46 61 5195, 46 61 525, 46 61 530,
46 61 535, and 46 61 540
NEW SECTION
WAC 308-330-430 Obedience to angle-parking signs
or markings Upon those highways 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
NEW SECTION
WAC 308-330-433 Parking not to obstruct traffic.
(1) No person shall park a vehicle upon a highway in such
a manner or under such conditions as to leave available less
than ten feet of the width of the roadway for free movement
of vehicular traffic
(2) No person shall stop, stand, or park a vehicle within
an alley in such position as to block the driveway entrance
to any abutting property
NEW SECTION
WAC 308-330-436 Parking for certain purposes
unlawful (1) No person shall park any vehicle upon any
highway for the principle of
(a) Displaying advertising,
(b) Displaying such vehicle for sale,
(c) Selling merchandise from such vehicle, except when
authorized
(2) No person shall park any vehicle upon any roadway
for the principle purpose of washing, greasing, or repairing
such vehicle except repairs necessitated by an emergency
NEW SECTION
WAC 308-330-439 Standing in passenger 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 passengers in any place marked as
a passenger loading zone during hours when the regulations
applicable to the loading zone are effective, and then only
for a period not to exceed three minutes
NEW SECTION
WAC 308-330-442 Standing in loading zone. (1) No
person shall stop, stand, or park a vehicle for any purpose or
period of time other than for the expeditious unloading and
delivery or pickup and loading of property in any place
marked as a loading zone during hours when the provisions
applicable to such zone are in effect In no case shall the
stop for loading and unloading of property exceed thirty
minutes
(2) The driver of a vehicle may stop temporarily at a
loading zone for the purpose of and while actually engaged
in loading or unloading passengers when such stopping does
not interfere with any vehicle which is waiting to enter or
about to enter such zone to load or unload property
NEW SECTION
WAC 308-330-445 Standing in a tow-away zone. No
person shall stop, stand, or park a vehicle in a place marked
as a tow-away zone during hours when the provisions
applicable to such zone are in effect
NEW SECTION
WAC 308-330-448 Violating permits for loading or
unloading at an angle to the curb. It shall be unlawful for
any perrnitte,e or other person to violate any of the special
terms or conditions of any permit issued by the traffic
engineer for the backing of a vehicle to the curb for the
purpose of loading or unloading property
1 355 1
Permanent
WSR 94-01-082 Washington State Register, Issue 94-01
NEW SECTION
WAC 308-330-451 Standing or parking on one-way
roadways. In the event a highway includes two or more
separate roadways, no person shall stand or park a vehicle
upon the left-hand side of such orie-way roadway unless
signs are erected to permit such standing or parking
NEW SECTION
WAC 308-330-454 Stopping, standing, and parking
of buses and taxicabs regulated. (1) The operator of a bus
shall not stand or park such vehicle upon any highway at
any place other than a designated bus stop This provision
shall not prevent the operator of a bus from temporarily
stopping in accordance with other stopping, standing, or
parking regulations at any place for the purpose of and while
actually engaged in the expeditious loading or unloading of
passengers or their baggage
(2) The operator of a bus shall enter a bus stop or
passenger loading zone on a highway 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 farther than eighteen Inches from the curb
and the bus approximately parallel to the curb so as not to
unduly impede the movement of other vehicular traffic
(3) The operator of a taxicab shall not stand or park
such vehicle upon any highway at any place other than in a
designated taxicab stand This provision shall not prevent
the operator of a taxicab from temporarily stopping in
accordance with other stopping, standing, or parking regula-
tions at any place for the purpose of and while actually
engaged in the expeditious loading or unloading of passen-
gers
NEW SECTION
WAC 308-330-457 Restricted use of bus stops and
taxicab stands No person shall stop, stand, or park a
vehicle other than a bus in a bus stop, or other than a
taxicab in a taxicab stand when any such stop or stand has
been officially designated and appropriately signed, except
the dnver of a passenger vehicle may temporarily stop there
for the purpose of, or while actually engaged in, loading or
unloading passengers when such stopping does not interfere
with any bus, or taxicab waiting to enter or about to enter
such stop or stand
NEW SECTION
WAC 308-330-460 Right of way for parking The
driver of any vehicle who first begins driving or maneuver-
ing his/her vehicle into a vacant parking space shall have a
prior right of way to park in such place, and It shall be
unlawful for another driver to attempt to deprive him/her
thereof by blocking his/her access or otherwise For the
purpose of establishing nght of way in this section it shall be
considered proper to back into any but a front-in angle
parking space
NEW SECTION
WAC 308-330-462 RCW sections adopted-
Stopping, standing, and parking The following sections
of the Revised Code of Washington (RCW) pertaining to
vehicle stopping, standing, and parking as now or hereafter
amended are hereby adopted by reference as a part of this
chapter in all respects as though such sections were set forth
herein in full RCW 46 61 560, 46 61 570, 46 61 575,
46 61 581, 46 61 582, 46 61 583, and 46 61 590
NEW SECTION
WAC 308-330-464 RCW sections adopted-Opera-
tion and restrictions. The following sections of the
Revised Code of Washington (RCW) pertaining to the
operation of vehicles and the restriction of certain acts and
practices of vehicle operators and passengers as now or
hereafter amended are hereby adopted by reference as a part
of this chapter in all respects as though such sections were
set forth herein in full RCW 46 61 600, 46 61 605,
46 61 606, 46 61 608, 46 61 610, 46 61 611, 46 61 612,
46 61 614, 46 61 615, 46 61 620, 46 61 625, 46 61 630,
46 61 635, 46 61 640, 46 61 645, 46 61 655, 46 61 660,
46 61 665, 46 61 670, 46 61 675, 46 61 680, 46 61 685,
46 61 687, 46 61 688, 46 61 690, 46 61 700, 46 61 710,
46 61 720, and 46 61 730
NEW SECTION
WAC 308-330-466 Funeral processions (1) A
funeral procession shall proceed to the place of interment by
the most direct route which is both legal and practicable
(2) A funeral procession shall be accompanied by
adequate escort vehicles for traffic control purposes as
determined by the chief of police
(3) All motor vehicles in a funeral procession shall be
identified by having their headlights turned on or by such
other method as may be determined and designated by the
chief of police
(4) All motor vehicles in a funeral procession shall be
operated as near to the right-hand edge of the roadway as is
practicable and shall follow the vehicle ahead as close as is
practicable and safe
NEW SECTION
WAC 308-330-469 When permits required for
parades and processions With the exception of funeral
processions and parades of the armed forces of the United
States, the military forces of this state, and the forces of the
police and fire departments, no processions or parades shall
be conducted on the highways within the jurisdiction of the
local authority except in accordance with a permit issued by
the chief of police and such other regulations as are set forth
in this chapter which may be applicable
NEW SECTION
WAC 308-330-472 Interfenng with processions (1)
No person shall unreasonably interfere with a procession
(2) No person shall operate a vehicle that is not part of
a procession between the vehicles of the procession This
provision shall not apply at intersections where traffic is
•
Permanent [ 356
:1‘
Washington State Register, Issue 94-01 WSR 94-01-082
controlled by traffic control devices unless a police officer
is present at such intersections to direct traffic so as to * preserve the continuity of the procession
NEW SECTION
WAC 308-330-475 Boarding or alighting from
vehicles No person shall board or alight from any vehicle
while such vehicle is in motion
NEW SECTION
WAC 308-330-478 Unlawful riding. No person shall
ride upon any portion of a vehicle not designed 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 in space intended for
merchandise -
NEW SECTION
WAC 308-330-481 RCW sections adopted—Opera-
tion of nonmotorized vehicles The following sections of
the Revised Code of Washington (RCW) pertaining to the
operation of nonmotorized vehicles as now or hereafter
amended are hereby adopted by reference as a part of this
chapter in all respects as though such sections were set forth
herein in full RCW 46 61 750, 46 61 755, 46 61 758,
46 61 760, 46 61 765, 46 61 770, 46 61 775, and 46 61 780
NEW SECTION * person who resides within the jurisdiction of the local
WAC 308-330-500 Bicycle license required. No
authority shall ride or propel a bicycle on any highway or
upon any public path set aside for the exclusive use of
bicycles unless such bicycle has been licensed and a license
plate or decal is attached thereto as provided in WAC 308-
330-500 through 308-330-540
NEW SECTION
WAC 308-330-505 Bicycle license application
Application for a bicycle license and license plate or decal
shall be made upon a form provided by and to the chief of
police An annual license fee as prescribed by the local
authority shall be paid to the local authority before each
license or renewal thereof is granted Duplicate license
plates or decals may be supplied for the same cost as the
original plate or decal in the event of loss of the plate or
decal
NEW SECTION
WAC 308-330-510 Issuance of bicycle license. (I)
The chief of police upon receiving proper application
therefor is authorized to issue a bicycle license which shall
be effective for one calendar year
(2) The chief of police shall not issue a license for any
bicycle when he/she knows or has reasonable grounds to
S believe that the applicant is not the owner of, or entitled to
the possession of, such bicycle
(3) The chief of police shall keep a record of the
number of each license, the date issued, the name and
address of the person to whom issued, and a record of all
bicycle license fees collected by him
NEW SECTION
WAC 308-330-515 Attachment of bicycle license
plate or decal (1) The chief of police, upon issuing a
bicycle license, shall also issue a license plate or decal
bearing the license number assigned to the bicycle, and the
name of the local authority
(2) Such license plate or decal shall be firmly attached
to the rear mudguard or frame of the bicycle for which
issued in such position as to be plainly visible from the rear
(3) No person shall remove a hcense plate or decal from
a bicycle during the period for which issued except upon a
transfer of ownership or in the event the bicycle is disman-
tled and no longer operated upon any highway within the
jurisdiction of the local authority
NEW SECTION
WAC 308-330-520 Inspection of bicycles. The chief
of police, or an officer assigned such responsibility, may
inspect each bicycle before licensing the same and may
refuse a license for any bicycle which he/she determines is
in unsafe mechanical condition
NEW SECTION
WAC 308-330-525 Renewal of bicycle license. Upon
the expiration of any bicycle license, the same may be
renewed upon application and payment of the same fee as
upon an original application
NEW SECTION
WAC 308-330-530 Bicycle transfer of ownership
Upon the sale or other transfer of a licensed bicycle, the
licensee shall remove the license plate or decal and shall
either surrender the same to the chief of police or may upon
proper application, but without payment of additional fee,
have such plate or decal assigned to another bicycle owned
by the applicant
NEW SECTION
WAC 308-330-535 Bicycle rental agencies. A rental
agency shall not rent or offer any bicycle for rent unless the
bicycle is licensed and a license plate or decal is attached
thereto as provided herein and such bicycle is equipped with
the equipment required by RCW 46 61 780
NEW SECTION
WAC 308-330-540 Bicycle dealers. Every person
engaged in the business of buying or selling new or second-
hand bicycles shall make a report to the chief of police of
every bicycle purchased or sold by such dealer, giving the
name and address of the person from whom purchased or to
whom sold, a description of such bicycle by name or make,
the frame number thereof, and number of license plate or
decal, if any, found thereon
[ 357 1
Permanent
WSR 94-01-082 Washington State Register, Issue 94-01
NEW SECTION
WAC 308-330-545 Bicycles—Obedience to traffic
control devices. (1) Any person operating a bicycle shall
obey the instructions of official traffic control devices
applicable to vehicles, unless otherwise directed by a police
officer
(2) Whenever authorized signs are erected indicating
that no right or left or U-turn is permitted, no person
operating a bicycle shall disobey the directions of any such
sign, except where such person dismounts from the bicycle
at the right-hand curb or as close as is practicable to the
right edge of the nght-hand shoulder to make any such turn,
in which event such person shall then obey the regulations
applicable to pedestrians
NEW SECTION
WAC 308 -330 -550 Bicycles —Parking. No person
shall park a bicycle upon a highway other than
(1) Off the roadway except in designated areas,
(2) Upon the sidewalk in a rack to support the bicycle,
(3) Against a building, or
(4) In such manner as to afford the least obstruction to
pedestrian traffic
NEW SECTION
WAC 308-330-555 Bicycles—Riding on sidewalks
(1) No person shall ride a bicycle upon a sidewalk in a
business district.
(2) A person may ride a bicycle on any other sidewalk
or any roadway unless restricted or prohibited by traffic
control devices
(3) Whenever any person is riding a bicycle upon a
sidewalk, such person shall yield the right of way to any
pedestrian
NEW SECTION
WAC 308-330-560 Bicycles—Penalties Violation of
any provision of WAC 308-330-500 through 308-330-540 is
a traffic infraction
NEW SECTION
WAC 308-330-565 Unclaimed bicycles All un-
claimed bicycles in the custody of the police department
shall be disposed of as provided in chapter 63 32 RCW
NEW SECTION
WAC 308-330-600 Parking meter spaces No person
shall park a vehicle in any designated parking meter space
during the restricted or regulated time applicable to the
parking meter zone in which such meter is located so that
any part of such vehicle occupies more than one such space
or protrudes beyond the markings designating such space,
except that a vehicle which is of a size too large to be
parked within a single designated parking meter space shall
be permitted to occupy two adjoining parking meter spaces
when coins shall have been deposited in the parking meter
for each space so occupied as is required for the parking of
other vehicles in such spaces
NEW SECTION
WAC 308-330-610 Parking meters—Deposit of coins
and time limits. (1) No person shall park a vehicle in any
parking meter space alongside of and next to which a
parking meter has been installed during the restricted and
regulated time applicable to the parking meter zone in which
such meter is located unless a United States coin or coins of
the appropriate denomination as indicated on the parking
meter shall have been deposited therein, or shall have been
previously deposited therein for an unexpired interval of
time, and said meter has been placed in operation
(2) No person shall permit a vehicle within his/her
control to be parked in any parking meter space during the
restricted and regulated time applicable to the parking meter
zone in which such meter is located while the parking meter
for such space indicates by signal that the lawful parking
time in such space has expired This provision shall not
apply to the act of parking or the necessary time which is
required to deposit immediately thereafter a coin or coins in
such meter
(3) No person shall park a vehicle in any parking meter
space for a consecutive period of time longer than that
limited period of time for which parking is lawfully permit-
ted in the parking meter zone in which such meter is located,
irrespective of the number or amounts of the coins deposited
in such meter
(4) The provisions of this section shall not relieve any
person from the duty to observe other and more restrictive
provisions of this chapter prohibiting or limiting the stop-
ping, standing, or parking of vehicles in specified places or
at specified times
NEW SECTION
WAC 308-330-620 Parking meters—Use of slugs
prohibited. No person shall deposit or attempt to deposit in
any parking meter any bent coin, slug, button, or any other
device or substance as substitutes for United States coins
NEW SECTION
WAC 308-330-630 Tampering with parking meter
No person shall deface, injure, tamper with, open, or wilfully
break, destroy, or impair the usefulness of any parking
meter
NEW SECTION
WAC 308-330-640 Parking meters—Rule of evi-
dence The parking or standing of any motor vehicle in a
parking space, at which space the parking meter displays the
sign or signal indicating illegal parking, shall constitute a
prima facie presumption that the vehicle has been parked or
allowed to stand in such space for a period longer than
permitted by this chapter
NEW SECTION
WAC 308 -330 -650 Parking meters —Application of
proceeds. (1) The coins required to be deposited in parking
meters are levied and assessed as fees to cover the regulation
and control of parking upon highways, the costs of parking
meters their installation, inspection, supervision, operation,
Permanent [ 358 1
repair, and maintenance, control and use of parking spaces,
and regulating the parking of vehicles in parking meter
zones, and the costs of acquiring, establishing, improving, 0 maintaining, and operating public off-street parking facilities
(2) The coins deposited in parking meters shall be
collected by the duly authorized agents of the local autl ,onty
and shall be deposited by them as directed by the local
authority
(3) The local authority shall pay from the moneys
collected from parking meters the costs for any parking
meters purchased and installed as provided herein, and
expenses incurred for their installation, inspection, service,
supervision, repair, and maintenance, for making collections
from such parking meters, and for the enforcement of
provisions herein applicable to parking meter zones The net
proceeds derived from the operation of parking meters after
the payment of such costs and expenses, may be used for
parking studies and for the acquisition, establishment,
improvement, maintenance, and operation of public off-street
parking facilities
NEW SECTION
WAC 308-330-660 Service parking. The chief of
police is authorized to Issue a permit for service parking
upon payment of the fee prescribed by the local authority
and upon the following conditions
(1) Application shall be made to the chief of police on
such forms as the chief of police shall prescribe The
applicant shall set forth the applicant's business and the
necessity for such permit The chief of police shall investi-
gate the facts as necessary
(2) If it appears that a necessity exists, the chief of
police may authorize the issuance of such permit under the
conditions prescnbed in this section
(3) Upon issuance of the permit, the pennittee shall be
issued a hood to use in covering any parking meter As
many hoods may be issued upon payment of the prescribed
fee as the chief of police deems necessary or convenient for
the applicant The hood shall be provided with a padlock,
tow keys, and an identification card attached with a blank
space thereon
(4) Upon entering any parking meter space available, the
perrnittee shall place the hood over the parking meter and
lock the same and shall indicate in such blank space the
exact place where the service work is being rendered
(5) The permittee shall not place the hood over any
meter when the space is occupied by another vehicle, and
shall before vacating the space at the conclusion of the work
remove the hood The hood shall not be allowed to remain
in place for over one hour when the space is not occupied by
an authorized vehicle, nor shall it be allowed to remain in
place after 6 00 p m on any weekday or on any Sunday or
holiday It shall not be used during hours when parking or
stopping in the parking meter space is prohibited No
vehicle licensed as a passenger car shall be parked in the
space covered by the hooded parking meter
(6) The chief of police may revoke any permit if the
S service parking hood is used for any purpose other than that
authorized in this section or for any violation of this chapter
Upon revocation, the hood shall immediately be returned to
the police department and all fees paid shall be forfeited
•
Washington State Register, Issue 94-01 WSR 94-01-082
Police officers finding such hood in use shall investigate the
use being made thereof, and if it is found in violation of this
section shall report the facts to the chief of police
(7) Any permit issued under this section shall, unless
revoked, be valid for a period of one year
(8) The permittee shall also pay a deposit in an amount
prescribed by the local authority at the time of issuance of
the hood, padlock, and keys, which shall remain the property
of the local authority In case a hood, a padlock, or key
becomes lost or destroyed or so defaced that it is no longer
usable, the permittee shall forfeit deposit
NEW SECTION
WAC 308-330-700 RCW sections adopted—Disposi-
tion of traffic infractions. The following sections of the
Revised Code of Washington (RCW) pertaining to the
disposition of traffic infractions as now or hereafter amended
are hereby adopted by such reference as a part of this
chapter in all respects as though such sections were set forth
herein in full RCW 46 63 010, 46 63 020, 46 63 030,
46 63 040, 46 63 060, 46 63 070, 46 63 080, 46 63 090,
46 63 100, 46 63 110, 46 63 120, 46 63 130, 46 63 140, and
46 63 151
NEW SECTION
WAC 308-330-705 RCW sections adopted—Enforce-
ment. The following sections of the Revised Code of
Washington (RCW) pertaining to traffic enforcement
agencies as now or hereafter amended are hereby adopted by
reference as a part of this chapter in all respects as though
such sections were set forth herein in full RCW 46 64 010,
46 64 015, 46 64 025, 46 64 030, 46 64 035, 46 64 048, and
46 64 050
NEW SECTION
WAC 308-330-710 Penalties. Unless another penalty
is expressly provided by law, any person found to have
committed an act designated a traffic infraction under the
provisions of these rules shall be punished by a penalty of
not more than two hundred fifty dollars
NEW SECTION
WAC 308-330-720 Citation on illegally parked
vehicle Whenever any motor vehicle without driver is
found parked, standing, or stopped in violation of this
chapter, 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 traffic citation
NEW SECTION
WAC 308-330-730 Failure to comply with traffic
citation attached to parked vehicle. If a violator of any
provision of this chapter on stopping, standing, or parking
does not appear in response to a traffic citation affixed to
such motor vehicle within a penod of five days, the clerk of
the traffic court shall send to the owner of the motor vehicle
to which the traffic citation was affixed a letter informing
him/her of the violation and warning him/her that in the 141171i101%111 [ 359 1 Permanent
WSR 94-01-082 Washington State Register, Issue 94-01 or
event such letter is disregarded for a period of five days, a
warrant of arrest will be issued
NEW SECTION
WAC 308 -330 -740 Presumption in reference to
illegal parking (1) In any prosecution charging a violation
of any law or regulation governing the stopping, standing, or
parking of a vehicle, proof that the particular vehicle
described in the complaint was stopping, standing, or parking
in violation of any such law or regulation, together with
proof that the defendant named in the complaint 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
(2) The foregoing stated presumption shall apply only
when the procedure as prescribed in WAC 308-330-720 and
308-330-730 has been followed
NEW SECTION
WAC 308-330-800 RCW sections adopted—Traffic
control devices The following sections of the Revised
Code of Washington (RCW) pertaining to traffic control
devices as now or hereafter amended are hereby adopted by
reference as a part of this chapter in all respects as though
such sections were set forth herein in full RCW 47 36 060,
47 36 110, 47 36 180, 47 36200, and 47 36 220
NEW SECTION
WAC 308-330-810 RCW sections adopted—Limited
access facilities. The following sections of the Revised
Code of Washington (RCW) pertaining to limited access
facilities as now or hereafter amended are hereby adopted by
reference as a part of this chapter in all respects as though
such sections were set forth herein in full RCW 47 52 010,
47 52 011, 47 52 040, 47 52 110, and 47 52 120
NEW SECTION
WAC 308-330-815 RCW sections adopted—
Alcoholic beverage control The following sections of the
Revised Code of Washington (RCW) pertaining to drinking
in public conveyance as now or hereafter amended are
hereby adopted by reference as a part of this chapter in all
respects as though such sections were set forth herein in full
RCW 66 44 240 and 66 44 250
NEW SECTION
WAC 308-330-820 RCW sections adopted—Guide
and service dogs The following sections of the Revised
Code of Washington (RCW) pertaining to guide and service
dogs as now or hereafter amended are hereby adopted by
reference as a part of this chapter in all respects as though
such sections were set forth herein in full RCW 70 84020,
70 84 021, and 70 84 040
NEW SECTION
WAC 308-330-825 RCW sections adopted
Littering The following section of the Revised Code of
Washington (RCW) pertaining to littering as now or hereaf-
ter amended is hereby adopted by reference as a part of this
chapter in all respects as though such section were set forth
herein in full RCW 70 93 060
NEW SECTION
WAC 308 -330 -910 Uniformity of interpretation
This chapter shall be so interpreted and construed as to
effectuate its general purpose to make uniform the laws of
those local authorities which enact it
(
Permanent [ 360 1
MUNICIPAL
RESEARCH
4.4vERVICES
CENTER
OF WASH1NGTOV
10517 N £ 38th Place
Kirkland 14/4 98033 7926
Phone 206/827 4334
Fax 206/827 5002
Richard Yukubousky
Erecutlie at error
Administration
Korcaighe Hale
'Omni wan, e Sc t re tan
Marcie Klobucher
Canto/Ic r
Amy Martin
Boakket per/Admit Assistant
Holly Martin
114)rd Prore seine
Donna Mo.en
Wm! Punrccan,
Sandy Stalls.orth
Lae attic Caenthninor
Fred Ward
hainnumon Sssh
Consultants
Judith C ox
Pubhc 1-auvuc
hn Doherts
al
Connie Elliot
Pt starch -Isststant
Sue Eager
Plamane
Pam James
Leetu
Byron Katsiaama
Pliblu Pubes
Pat Mason
Leal
Bob Meimg
eal
Rot Peterson
Pith/u ii rt,i
Library
Lone De Merritt
I titian Manaet
Lauri klonart1
Pere nth 4ssistant
Carol Tobin
Ant stunt I animals
Lois Weed
ibrat 4, mtant
"Working Together for
Excellence in Local
Government'
MEMORANDUM
DATE: June 1, 1994
TO: All city and town attorneys in municipalities that have adopted the
Model Traffic Ordinance (MTO)
FROM: Municipal Research & Services Center Legal Staff
RE: Statutes, not yet part of MTO, enacted by 1994 Legislature that
should be specifically adopted for inclusion in your readopted local
MTO
Chapter 275, Laws of 1994
This legislation, known as the "1994 Omnibus Drunk Dnving Act," revises the
penalties associated with driving under the influence (DUI) of alcohol or drugs
It amends some statutes that are part of the MTO (Ch 308-330 WAC), and those
amendments are therefore automatically included in your local MTO However,
it also enacts some new statutory sections relating to DUI that are not
automatically part of the MTO until they are adopted by the Department of
Licensing, which will not occur for a number of months Consequently, cities and
towns will need to specifically adopt these new statutory sections, which are
effective July 1, 1994, in order to enforce them as of their effective date in a
municipal court or department
What sections of Chapter 275 should be specifically adopted?
The following sections of Chapter 275, Laws of 1994 should be adopted 4, 5, 6, 7,
10, 11, 12, and 23 (No RCW numbers will be assigned for these new section until
Fall ) With respect to section 23, it amends RCW 46 20 730 which has not been
adopted as part of the MTO But, this statute and its amendatory section in
Chapter 275 define a term, "ignition interlock device," that is central to RCW
46 20 750, which is part of the MTO (WAC 308-330-307) Thus, the city should
adopt RCW 46 20 730, as amended by section 23 of Chapter 275
Obtaining copies of Chapter 275
Copies of this chapter may be obtained by contacting the "Bill Room" at the state
legislature, at (206) 786-7573
< TRANSACTION REPORT >
06-21-1994(TUE) 11 14
C -1- R ,nn NJ S Ni I 7- 3
NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT
3837 6-21 11 09 15095821453 10 0°04 26 NORM E OK
10 0°04 26
Note public in ancHsVh, of Wash-
ington, residing at
COMMISSION EXPIRES 7- /S---q
"et,4:0\334 r LS* Tc, P 0 BOX 2608
PASCO WASHINGTON 99302 2608
PHONE (509) 582 1500
&MAI ADVECTIFOMIC
INVOICE
SOLD TO FASCO, C.,1 TY OF LEGALS
FO . BOX 297
PASCO WA q901
DATE
LEGAL NO
ci 0 5 5
ACCOUNT NO
DESCRIPTION 11.7;6 ORDINANCE NO . '3027 A
TIMES ( )(
INCHES )( „
TOTAL ,g t „(-
NOTICE This is an Invoice for legal advertising space Please pay from this invoice as no statement will be rendered
Please detach at perforation and return with payment
AFFUDLY117 PUE3ESIDAY1100
COUNTY OF BENTON
SS
STATE OF WASHINGTON
CARLA ALFORD
Ong
JUL 07 i994
FINANCE DEPT
IE W
I
, 1 iffEGALS,lr
ORDINANCE NO 3027
AN ORDINANCE concern-
ing the Washington Model
Traffic Ordinance (MTO) as
contained in the Washing-
ton Administrative Code
Chapter 308-330 WAC ' to
regulate traffic in the City
of Pasco and amending
Chapter 10 05 of the Pasco
Municipal Code
WHEREAS the State Leg
islature has provided that
Chapter 46 90 RCW which
contains the Washington
MTO will expire on July 1
1994 and
WHEREAS the provisions
of the Washington MTO
have been readopted in the
Washington Administrative
Code in Chapter 308-330
WAC which will become
effective on July 1 1994
and
WHEREAS SECTIONS 4
5 6 7 10 11 12 and 23
of the 1994 Omnibus
Drunk Driving Act require
adoption into the Municipal
Code for successful DUI
prosecution now
therefore
THE CITY COUNCIL OF
THE CITY OF PASCO
-WASHINGTON DO OR-
DAIN AS FOLLOWS _
§1 The Washington Mo-
del Traffic Ordinance
Chapter 308-330 WAC is
hereby adopted by refer-
ence as the Traffic Ordi-
nance of the City of Pasco
as if set forth in full
§2 Chapter 10 05 of the
pasco Municipal Code is
hereby amended (new Ian-
9uage shown by underlin-
ing and deletions by inter-
delinetation) to read as
follows
CHAPTER 10 05
STATE TRAFFIC
ORDINANCE ADOPTED
Sections
10 05 0)0 Adop4on by ref-
erence '
10 05 020 Sections not
adooted
, being duly sworn,
deposes and says, I am the Legal Clerk of the Tr-City Herald, a
daily newspaper That said newspaper is a legal newspaper and
has been approved as a legal newspaper by order of the superior
court in the county in which it is published and it is now and has
been for more than six months prior to the date of the publication
hereinafter referred to, published countinually as a daily newspa-
per in Benton County, Washington That tb9 attached is a true
.1.7f: ORLIT NANCE. NO . 702./ A copy of a as it
was printed in the regular and entire issue of the Tr-City Herald
itself and not in a sugol/ement thereof, time(s), ok::Er- / commencing on -314 , and ending on
, and that said newspaper was regulary
distributed to its subscribers during all of this period
4q-51&(
SUBSCRIBED AND SWORN BEFORE ME THIS 2-/‘
DAY OF ,
I I I I I I I 11111 I II loppoo
FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403
P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301
June 21, 1994
Tn-City Herald
P0 Box 2608
Pasco, Wa 99302
Dear Kathy
Please publish the attached Ordinance(s) No 3027-3031 on the following
date
June 26, 1994
Please send two (2) Affidavits of Publication for each
Thank you,
Catherme D Seaman
Deputy City Clerk
545-3402
cds
* No attachments or maps included
AG END REPORT NO.
FOR: City Council DATE. 6/8/94
TO: Gary Crutchfiel Manager Regular 6/20/94
FROM Greg bstell City Attorney Workshop 6/13/94
SUBJECT: Amendment Of City Ordinance Adopting The Model Traffic
Ordinance
I. REFERENCE(S) Attached Ordinance, including WAC 308-330
MRSC Memorandum concerning DUI Laws
II. ACTION REQUESTED OF COUNCIL
MOTION: I move to adopt Ordinance No an Ordinance
adopting the Washington Model Traffic Ordinance as contained in the
Washington Administrative Code, further adopting Sections 4, 5, 6, 7, 10, 11,
12 and 23 of Chapter 275, Laws 1994, and amending Chapter 10 05 of the Pasco
Municipal Code
DI FISCAL IMPACT None
IV. HISTORY AND FACTS BRIEF The City of Pasco has long adopted by
reference the Model Traffic Ordinance as adopted by the Washington State
Legislature This last Legislative Session the State Legislature decided that it
was best that the Model Traffic Ordinance be included in the Washington
State Administrative Code rather than in the RCW The advantages are that
the ordinance can be amended administratively without waiting around for
the Legislature to catch up with the traffic law changes during Legislative
Sessions when minds are on bigger and better things
Once the new Administrative Code is adopted, all subsequent changes made
in the Model Traffic Ordinance will automatically become the law of the City
without any further action being taken by the City Council
The attached Ordinance adopts all of the new Model Traffic Ordinance except
for those sections dealing with the licensing of bicycles If and when the City
Council desires to have the police department get into the bicycle licensing
business, those sections of the Model Traffic Ordinance can be included
The Ordinance also adopts Sections of the new state law known as the "1994
Omnibus Drunk Driving Act" not yet contained in the MTO but necessary to
the prosecution of Driving Under the Influence (DUI) cases
V. DISCUSSION Staff recommends that the Ordinance be adopted so that
there is no lapse in coverage when the new Model Traffic Ordinance goes into
effect on July 1, 1994
VI. OTHER COMMENTS
VII. •_ D kI •