Blaine Municipal Code

Title 10
VEHICLES AND TRAFFIC

Chapters:

10.04 Model Traffic Ordinance

10.06 Driving While Intoxicated

10.08 Impoundment of Vehicle for Licensing and DUI Violations

10.12 Parking

10.13 Motorized Wheeled Transportation Devices

10.16 Trucks, Trains and Loading Zones

10.20 Truck Routes

10.24 Vehicle Load Restrictions

10.28 U-Turns

10.29 Urban Public Transportation System

Chapter 10.04
MODEL TRAFFIC ORDINANCE*

Sections:

10.04.010 Adoption by reference.

10.04.020 File copies of text.

10.04.030 Disposition of traffic fines or forfeitures – General fund.

10.04.040 Disposition of traffic fines or forfeitures – Official misconduct.

* Code reviser’s note: The effective date of Ord. 2156 is July 1, 1994, pursuant to Ord. 2159.

10.04.010 Adoption by reference.

A. The “Washington Model Traffic Ordinance,” Chapter 308-330 WAC, hereinafter referred to as the “MTO,” and RCW 46.52.088, 46.61.072, 46.61.202, 46.61.215, 46.61.261, 46.61.264, 46.61.266, 46.61.269, 46.61.502, 46.61.504, 46.61.520, 46.61.540, 46.61.606, 46.61.608, 46.61.614 and 46.64.017 are adopted by reference as and for the traffic ordinance of this city as if set forth in full in this chapter.

B. The following sections of the MTO and/or RCW are not adopted by reference and are expressly deleted:

RCW

46.61.520   70.61.520

WAC

308-330-127	308-330-515	308-330-610
308-330-142	308-330-520	308-330-620
308-330-145	308-330-525	308-330-630
308-330-148	308-330-530	308-330-640
308-330-250	308-330-535	308-330-650
308-330-255	308-330-540	308-330-660
308-330-510	308-330-600

(Ord. 2156 § 1, 1994; Ord. 1765 § 1, 1985; Ord. 1555 § 1, 1980; Ord. 1463 § § 1, 2, 1976; prior code § 10-101)

10.04.020 File copies of text.

Incident to the adoption of the MTO by reference, in BMC 10.04.010, copies of the text of the adopted MTO and of other adopted statutes shall be filed as required by law for use and examination by the public. (Ord. 2156 § 2, 1994; Ord. 1463 § 6, 1976; prior code § 10-105)

10.04.030 Disposition of traffic fines or forfeitures – General fund.

All fines and 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. 1463 § 4, 1976; prior code § 10-103)

10.04.040 Disposition of traffic fines or forfeitures – 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 the general fund, to comply with the provisions of BMC 10.04.030 constitutes misconduct in office and is grounds for removal therefrom, provided appropriate removal action is taken pursuant to state law relating to removal of public officials. (Ord. 1463 § 5, 1976; prior code § 10-104)

Chapter 10.06
DRIVING WHILE INTOXICATED

Sections:

10.06.010 State provisions adopted by reference.

10.06.010 State provisions adopted by reference.

A. The following sections of the 1994 Omnibus Drunk Driving Act, Chapter 275, Laws of 1994, are specifically adopted: Sections 4, 5, 6, 7, 10, 11, 12 and 23. Section I of Chapter 139, Laws of Washington 1994 is also adopted by reference.

B. The city council of the city also specifically adopts RCW 46.20.730, as amended by Section 23 of the 1994 Omnibus Drunk Driving Act, Chapter 275. (Ord. 2158 § § 1, 2, 1994)

Chapter 10.08
IMPOUNDMENT OF VEHICLE FOR LICENSING AND DUI VIOLATIONS

Sections:

10.08.010 Definitions.

10.08.020 Impound authority of police department.

10.08.030 Impound for driving while license suspended requirements.

10.08.040 Impound requirements for driving under the influence or physical control of a vehicle while under the influence.

10.08.050 Redemption of impounded vehicle.

10.08.060 Spouse of operator – Request for release based on hardship.

10.08.070 Deposit for removal, towing and storage cost.

10.08.080 Rental cars.

10.08.090 Holders of perfected security interests in vehicle.

10.08.100 Release of vehicle.

10.08.110 Notice of right to hearing.

10.08.120 Hearings.

10.08.130 Disposal of impounded vehicle not claimed.

10.08.140 Auction requirements.

10.08.150 Adoption of Chapter 46.55 RCW.

10.08.010 Definitions.

Except as otherwise provided, the definitions set forth in RCW 46.55.010 are adopted for use in this chapter.

A. “Department” means the state of Washington Department of Licensing. (Ord. 2469 § 1(A), 2000)

10.08.020 Impound authority of police department.

For purposes of this chapter, whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 (driving under the influence), RCW 46.61.504 (physical control of a vehicle while under the influence), RCW 46.20.005 (operating a vehicle without a valid driver’s license), RCW 46.20.005 (operating a motor vehicle while driver’s license expired more than 90 days), RCW 46.20.342 (driving while license suspended or revoked), or RCW 46.20.420 (operation of motor vehicle under other license or permit while license is suspended or revoked), the vehicle is subject to impoundment. Nothing in this section shall be construed to limit any officer’s authority to impound a vehicle for other lawful reasons as provided by law. [See RCW 46.55.113] (Ord. 2469 § 1(B), 2000)

10.08.030 Impound for driving while license suspended requirements.

If a vehicle is impounded because the operator is in violation of RCW 46.20.342(1)(a) or (1)(b) (driving while license suspended/revoked), the vehicle may be held for 30 days at the written direction of the Blaine police department. However, if the Department’s records, or the records of an agency in a jurisdiction other than Washington with authority to issue or suspend or revoke a driver’s license, show that the operator has been convicted of a violation of RCW 46.20.342(1)(a) or (1)(b) or a similar local ordinance within the past five years, the vehicle shall be held at the written direction of the Blaine police department for up to 60 days, and for up to 90 days if the operator has two or more such prior offenses. If a vehicle is impounded because the operator is arrested for a violation of RCW 46.20.342 (driving while license suspended/revoked), the vehicle may not be released until a person eligible to redeem it under this chapter satisfies the requirements of this chapter, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by the Blaine police department. [See RCW 46.55.120(1)(a)] (Ord. 2469 § 1(C), 2000)

10.08.040 Impound requirements for driving under the influence or physical control of a vehicle while under the influence.

If the driver of a vehicle is arrested for a violation of RCW 46.61.502 (driving under the influence) or RCW 46.61.504 (physical control of a vehicle while under the influence) and is the registered owner of the vehicle, the vehicle shall be held for not less than 48 hours at the written direction of the Blaine police department. Notwithstanding this section, a tow operator shall not release a vehicle to any person he knows or should know is under the influence of alcoholic beverages or controlled substances. The vehicle may not be released until the owner or a person eligible to redeem it under this chapter satisfies the requirements of this chapter, including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered by the Blaine police department. (Ord. 2469 § 1(D), 2000)

10.08.050 Redemption of impounded vehicle.

Vehicles or other items of personal property registered or titled with the Department that are impounded by registered tow truck operators pursuant to BMC 10.08.020 may be redeemed only under the following circumstances:

Only the legal owner, the registered owner, a person authorized in writing by the registered owner or the vehicle’s insurer, a person who is determined and verified by the operator to have the permission of the registered owner of the vehicle or other item of personal property registered or titled with the Department, or one who has purchased a vehicle or item of personal property registered or titled with the Department from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle or items of personal property registered or titled with the Department. A vehicle impounded because the operator is in violation of RCW 46.20.342(1)(c) (driving while license suspended or revoked) shall not be released until a person eligible to redeem it under this chapter satisfies the requirements of this chapter including paying all towing, removal, and storage fees, notwithstanding the fact that the hold was ordered the Blaine police department.

If the Department’s records show that the operator has been convicted of a violation of RCW 46.20.342 (driving while license suspended or revoked) or a similar local ordinance within the past five years, the vehicle shall be held for 30 days at the written direction of the Blaine police department. A vehicle impounded because the operator is arrested for a violation of RCW 46.20.342 may be released only pursuant to a written order from the Blaine police department or from a court having jurisdiction. (Ord. 2469 § 1(E), 2000)

10.08.060 Spouse of operator – Request for release based on hardship.

The spouse of an operator of a vehicle impounded for a violation of RCW 46.20.342 may petition the chief of the Blaine police department in writing for a release of the impounded vehicle on the basis of economic or personal hardship to the spouse. The chief of police of the Blaine police department or his/her designee may issue a written order to release on the basis of economic or personal hardship to the spouse of the operator, taking into consideration public safety factors, including the operator’s criminal history and driving record. If a vehicle is released pursuant to this section, the spouse or owner shall remain liable and pay any removal, towing, storage fees along with any and all penalties, fines or forfeitures that are owed by the registered owner prior to the vehicle being released. [See RCW 46.55.120(1)(a)] (Ord. 2469 § 1(F), 2000)

10.08.070 Deposit for removal, towing and storage cost.

If the vehicle is directed to be held for a suspended license impound, a person who desires to redeem the vehicle at the end of the period of impound shall within five days of the impound at the request of the tow truck operator pay a security deposit to the tow truck operator of not more than one-half of the applicable impound storage rate for each day of the proposed suspended license impound. The tow truck operator shall credit this amount against the final bill for removal, towing, and storage upon redemption. The tow truck operator may accept other sufficient security in lieu of the security deposit. If the person desiring to redeem the vehicle does not pay the security deposit or provide other security acceptable to the tow truck operator, the tow truck operator may process and sell at auction the vehicle as an abandoned vehicle within the normal time limits set out in RCW 46.55.130(1). The security deposit required by this section may be paid and must be accepted at any time up to 24 hours before the beginning of the auction to sell the vehicle as abandoned. The registered owner is not eligible to purchase the vehicle at the auction, and the tow truck operator shall sell the vehicle to the highest bidder who is not the registered owner. [See RCW 46.55.120(1)(b)] (Ord. 2469 § 1(G), 2000)

10.08.080 Rental cars.

Notwithstanding other provisions of this chapter, a rental car business may immediately redeem a rental vehicle it owns by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound or a driving while under the influence or physical control of a vehicle while under the influence. [See RCW 46.55.120(c)] (Ord. 2469 § 1(H), 2000)

10.08.090 Holders of perfected security interests in vehicle.

Notwithstanding of this chapter, a motor vehicle dealer or lender with a perfected security interest in the vehicle may redeem or lawfully repossess a vehicle immediately by payment of the costs of removal, towing, and storage, whereupon the vehicle will not be held for a suspended license impound. A motor vehicle dealer or lender with a perfected security interest in the vehicle may not knowingly and intentionally engage in collusion with a registered owner to repossess and then return or resell a vehicle to the registered owner in an attempt to avoid a suspended license impound. However, this provision does not preclude a vehicle dealer or a lender with a perfected security interest in the vehicle from repossessing the vehicle and then selling, leasing, or otherwise disposing of it in accordance with Chapter 62A.9 RCW, including providing redemption rights to the debtor under RCW 62A.9-506. If the debtor is the registered owner of the vehicle, the debtor’s right to redeem the vehicle under Chapter 62A.9 RCW is conditioned upon the debtor obtaining and providing proof from the impounding authority or court having jurisdiction that any fines, penalties, and forfeitures owed by the registered owner, as a result of the suspended license impound, have been paid, and proof of the payment must be tendered to the vehicle dealer or lender at the time the debtor tenders all other obligations required to redeem the vehicle. Vehicle dealers or lenders are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound. [See RCW 46.55.120(d)] (Ord. 2469 § 1(I), 2000)

10.08.100 Release of vehicle.

The vehicle or other item of personal property registered or titled with the Department shall be released upon the presentation to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of towing, storage, or other services rendered during the course of towing, removing, impounding, or storing any such vehicle, with credit being given for the amount of any security deposit paid under chapter. In addition, if a vehicle is impounded because the operator was arrested for a violation of RCW 46.20.342 or 46.20.420 and was being operated by the registered owner when it was impounded under this chapter, it must not be released to any person until the registered owner establishes with the Blaine police department or the court having jurisdiction that any penalties, fines, or forfeitures owed by him or her have been satisfied. Registered tow truck operators are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under a suspended license impound. Commercially reasonable tender shall include, without limitation, cash, major bank credit cards, or personal checks drawn on in-state banks if accompanied by two pieces of valid identification, one of which may be required by the operator to have a photograph. If the towing firm can determine through the customer’s bank or a check verification service that the presented check would not be paid by the bank or guaranteed by the service, the towing firm may refuse to accept the check. Any person who stops payment on a personal check or credit card, or does not make restitution within 10 days from the date a check becomes insufficient due to lack of funds, to a towing firm that has provided a service pursuant to this section or in any other manner defrauds the towing firm in connection with services rendered pursuant to this section shall be liable for damages in the amount of twice the towing and storage fees, plus costs and reasonable attorney’s fees. [See RCW 46.55.120(1)(e)] (Ord. 2469 § 1(J), 2000)

10.08.110 Notice of right to hearing.

The registered tow truck operator shall give to each person who seeks to redeem an impounded vehicle, or item of personal property registered or titled with the Department, written notice of the right of redemption and opportunity for a hearing, which notice shall be accompanied by a form to be used for requesting a hearing, the name of the person or agency authorizing the impound, and a copy of the towing and storage invoice. The registered tow truck operator shall maintain a record evidenced by the redeeming person’s signature that such notification was provided. [See RCW 46.55.120(2)(a)] (Ord. 2469 § 1(K), 2000)

10.08.120 Hearings.

Any person seeking to redeem an impounded vehicle under this section has a right to a hearing in the Blaine municipal court to contest the validity of the impoundment or the amount of towing and storage charges. The Blaine municipal court has jurisdiction to determine the issues involving impoundments authorized by agents of the city of Blaine. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the clerk of the Blaine municipal court within 10 days of the date the opportunity was provided for in this chapter and more than five days before the date of the auction. At the time of the filing of the hearing request, the petitioner shall pay to the of clerk the Blaine municipal court a filing fee in the same amount required for the filing of a suit in Whatcom County district court. If the hearing request is not received by the court within the 10-day period, the right to a hearing is waived and the registered owner is liable for any towing, storage, or other impoundment charges permitted under this chapter. Upon receipt of a timely written hearing request, the court shall proceed to hear and determine the validity of the impoundment. [See RCW 46.55.120(2)(b)]

The Blaine municipal court, within five days after the request for a hearing, shall notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the Department, and the person or agency authorizing the impound in writing of the hearing date and time. [See RCW 46.55.120(3)(a)]

At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer’s personal appearance at the hearing. [See RCW 46.55.120(3)(b)]

At the conclusion of the hearing, the court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates. [See RCW 46.55.120(3)(c)]

If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter together with court costs shall be assessed against the person or persons requesting the hearing. [See RCW 46.55.120(3)(d)]

If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle or other item of personal property registered or titled with the Department shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the city of Blaine shall be liable for any towing, storage, or other impoundment fees permitted under this section. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impound for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle, or other item of personal property registered or titled with the Department, for the amount of the filing fee required by law for the impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded, for not less than $50.00 per day, against the person or agency authorizing the impound. However, if an impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.420 is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment and the city of Blaine are not liable for damages if the officer relied in good faith and without gross negligence on the records of the Department in ascertaining that the operator of the vehicle had a suspended or revoked driver’s license. If any judgment entered is not paid within 15 days of notice in writing of its entry, the court shall award reasonable attorneys’ fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows:

TO: _______

YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the Blaine Municipal Court located at _______ in the sum of $____, in an action entitled __________, Case No. ____. YOU ARE FURTHER NOTIFIED that attorneys fees and costs will be awarded against you under RCW _____ if the judgment is not paid within 15 days of the date of this notice.

DATED this ___ day of _____, (year) ___.

Signature _________________

Typed name and address of party
mailing notice

[See RCW 46.55.120(3)(e)] (Ord. 2469 § 1(L), 2000)

10.08.130 Disposal of impounded vehicle not claimed.

Any impounded abandoned vehicle or item of personal property registered or titled with the Department that is not redeemed within 15 days of mailing of the notice of custody and sale as required by RCW 46.55.110(3) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130. A vehicle or item of personal property registered or titled with the Department may be redeemed at any time before the start of the auction upon payment of the applicable towing and storage fees. [See RCW 46.55.120(4)] (Ord. 2469 § 1(M), 2000)

10.08.140 Auction requirements.

The notice and auction requirements for impounded vehicles contained in RCW 46.55.130 are hereby adopted. [See RCW 46.55.130] (Ord. 2469 § 1(N), 2000)

10.08.150 Adoption of Chapter 46.55 RCW.

Except as specifically provided to the contrary, the provisions of Chapter 46.55 RCW apply to the towing and impounded of motor vehicles. (Ord. 2469 § 1(O), 2000)

Chapter 10.12
PARKING

Sections:

10.12.010 Time limitations.

10.12.020 Hours restrictions.

10.12.025 Unlawful to park unlicensed or mechanically inoperable vehicles and trailers.

10.12.026 Removal of unlicensed vehicles and trailers.

10.12.030 Alley parking.

10.12.040 Truck parking.

10.12.050 Prohibited parking – Fire facilities.

10.12.055 Restricted parking – Rural-type mailboxes.

10.12.060 Truck and tractor parking – Residential zoned areas.

10.12.070 Commercial vehicles parked 24 hours or more.

10.12.080 Violation – Penalty.

10.12.010 Time limitations.

The director of public works is authorized to determine and post signs pertaining to parking time limits for automobiles and trucks on the city streets. When signs are erected establishing time limits, it is a violation to exceed such parking limitations. Notwithstanding the above, no automobile, truck, vehicle or trailer shall be stored on city streets for more than 72 consecutive hours at a time unless otherwise posted. (Ord. 2452 § 1, 2000; Ord. 1449 § 1, 1976; prior code § 10-202(A))

10.12.020 Hours restrictions.

When signs are erected in each block giving notice thereof, no person shall park a vehicle between the hours specified on the sign of any day except Sundays and public holidays within the district or upon any of such streets. (Ord. 1263 § 66, 1968; prior code § 10-202(A))

10.12.025 Unlawful to park unlicensed or mechanically inoperable vehicles and trailers.

A. It shall be unlawful for any person to stand or park any vehicle or trailer that is unlicensed or not currently licensed or in full compliance with the requirements of Chapter 46.29 RCW, Financial Responsibility, on any city street, city parking lot, alley, city right-of-way, and all public property.

B. It shall be unlawful for any person to stand or park any vehicle or trailer that is extensively damaged to the extent that it has a broken window or windshield, or missing wheels, or tires, or motor or transmission or is not equipped with any equipment required for operation on public highways as contained in Chapter 46.37 RCW and pertinent sections of the WAC on any highway, city street, city parking lot, alley, city right-of-way, and all public property.

C. Undefined terms or words in this section shall have the definition as provided in the RCW as adopted and amended. (Ord. 2452 § 2, 2000; Ord. 2317 § 2, 1997)

10.12.026 Removal of unlicensed vehicles and trailers.

Twenty-four hours subsequent to the issuance of a parking infraction for a violation of BMC 10.12.025 to the owner, driver or person in charge of the vehicle or the conspicuous posting of the parking infraction on the vehicle or trailer, if the vehicle or trailer is again parked in violation of BMC 10.12.025, it shall be impounded by the police division. The owner of the vehicle or trailer shall be responsible for all costs associated with the removal and storage as provided in RCW Title 46. (Ord. 2317 § 2, 1997)

10.12.030 Alley parking.

No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than eight feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property. (Ord. 1263 § 53, 1968; prior code § 10-202(B))

10.12.040 Truck parking.

The city manager is authorized to limit the hours of truck parking on certain streets, to prohibit truck parking entirely on some streets, such as H Street, but not limited thereto, and to designate certain areas of public property and roadways for truck parking. Such actions may be taken by the director after the concurrence of the police chief and city council street committee. Such parking restrictions shall be enforceable after proper signs and markings are installed and violation of such posted limitations is a misdemeanor. (Ord. 1446 § 1, 1976; prior code § 10-202(C))

10.12.050 Prohibited parking – Fire facilities.

A. It is unlawful to stop, stand, or park any vehicle within clearly marked areas in front of, and contiguous to, Blaine fire department facilities. Those prohibited areas shall be marked in red and yellow striping and lettering, clearly delineating the prohibited zones. In addition, signs shall be posted at either end of the prohibitive zone indicating the prohibition and the fine for parking therein.

B. Subsection A of this section shall not apply to emergency vehicles including, but not limited to, fire fighting apparatus and police vehicles.

C. A violation of this section is an infraction and shall be punishable by a penalty of $47.00. (Ord. 1942 § 1, 1989)

10.12.055 Restricted parking – Rural-type mailboxes.

A. It is unlawful to stop, stand or park any vehicle in front of, or within 20 feet laterally of, U.S. Postal Service rural-type mailboxes (horizontally mounted, nonlocking boxes) during the normal delivery hours of 9:00 a.m. to 3:00 p.m., Monday through Saturday. These parking restrictions do not apply to areas with rural-type mailboxes where mail delivery is provided by carriers on foot, generally bounded by Harrison Avenue on the east, Martin Street on the south, Peace Portal Way on the west, and G Street on the north.

B. Subsection A of this section shall not apply to emergency vehicles including, but not limited to, firefighting apparatus, police vehicles and other emergency response vehicles and equipment.

C. A violation of this section is an infraction and shall be punishable by a penalty of $75.00. (Ord. 2478 § 1, 2000; Ord. 2468 § 1, 2000)

10.12.060 Truck and tractor parking – Residential zoned areas.

It is unlawful to park commercial motor trucks or truck tractors on public property or streets, within residentially zoned areas in the city. (Ord. 1798 § 1, 1986)

10.12.070 Commercial vehicles parked 24 hours or more.

It is unlawful to park commercial vehicles, motor trucks, truck tractors, truck trailer, semi-trailers, or recreational vehicles on city streets for longer then 24 hours. (Ord. 1798 § 2, 1986)

10.12.080 Violation – Penalty.

Any person convicted of illegal parking, standing, or stopping within the city limits shall be punished by a fine of not more than $75.00. This penalty shall apply to all violations of this chapter and provisions of the Model Traffic Code adopted by the city including the following provisions: RCW 46.61.570, 46.61.575, 46.61.581, 46.61.590 and 46.61.600. If the violation is related to illegal parking, each day that the violation continues to exist shall be treated as a separate offense. (Ord. 2452 § 3, 2000; Ord. 1968 § 1, 1990)

Chapter 10.13
MOTORIZED WHEELED TRANSPORTATION DEVICES

Sections:

10.13.010 Definitions.

10.13.020 Duty to obey traffic control devices and rules of the road.

10.13.030 Negligent operation – Prohibited.

10.13.040 Operation in certain locations prohibited.

10.13.050 Parental responsibility.

10.13.060 Minimum age and hours of operation.

10.13.070 Safety equipment required.

10.13.080 Brakes required.

10.13.090 Muffler required.

10.13.100 No more than one person permitted – Towing or pulling prohibited.

10.13.110 Violation – Penalty.

10.13.120 Issuance of notice of infraction.

10.13.010 Definitions.

The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:

A. “Motorized wheeled transportation device” shall mean any device which is not required to be licensed pursuant to RCW 46.16.010 and is propelled by an electric motor or liquid fuel engine, and is intended to transport a person on or across land. A motorized wheeled transportation device shall include, but shall not be limited to, a “motorized foot scooter” as that term is defined in RCW 46.04.336 and any electric or gas powered scooter, powered board, motor powered skateboard, “pocket rocket” or miniature motorcycle, or other similar motorized wheeled device, regardless of the manner in which the device is designed; provided, that a motorized wheeled transportation device shall not include any motorized wheeled device defined as follows:

Electric-assisted bicycle – RCW 46.04.169;

Electric personal assistive mobility device – RCW 46.04.1695;

Motorcycle – RCW 46.04.330;

Moped – RCW 46.04.304;

Motor-driven cycle – RCW 46.04.332;

Power wheelchair – RCW 46.04.415;

Wheelchair conveyance – RCW 46.04.710.

“Motorized wheeled transportation device” does not include any vehicle that is prohibited by state law from being operated or used in or upon a street or sidewalk.

B. “Park” means and includes all city parks, public squares, park drives, parkways, boulevards, golf courses, and play and recreation grounds under the jurisdiction of the city of Blaine.

C. “Public place” means and includes publicly owned, leased or operated parking lots or publicly owned, leased or operated real property, and any public places appropriated to the public for public use, whether improved or unimproved.

D. “Right-of-way” shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel and including the sidewalks and shoulder areas.

E. “Sidewalk” means that portion of a right-of-way that excludes the street but includes the sidewalk and shoulder area, whether improved or unimproved.

F. “Street” means that portion of any right-of-way including any highway, avenue, lane, road, street, drive, place, boulevard, alley, and every way or place in the city of Blaine open as a matter of right to public vehicular travel.

G. “Helmet” means a motorcycle helmet as that term is defined in RCW 46.37.530 or an approved bicycle helmet certified by the United States Consumer Product Safety Commission (CPSC), the American National Standards Institute (ANSI), or the Snell Foundation. A helmet must possess a neck or chin strap type retention system, and bear a label as required by the Code of Federal Regulations (C.F.R.) at 16 C.F.R. 1203. (Ord. 2595 § 1, 2004)

10.13.020 Duty to obey traffic control devices and rules of the road.

Any person operating a motorized wheeled transportation device shall obey all rules of the road applicable to vehicle or pedestrian traffic, as well as the instructions of official traffic control signals, signs, and other traffic control devices applicable to vehicles, unless otherwise directed by a police officer. (Ord. 2595 § 1, 2004)

10.13.030 Negligent operation – Prohibited.

The negligent operation of a motorized wheeled transportation device on any street shall be prohibited. For the purposes of this section, the term “negligent” shall mean the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances. (Ord. 2595 § 1, 2004)

10.13.040 Operation in certain locations prohibited.

The operation or use of motorized wheeled transportation devices shall not be permitted, regardless of the age of the operator, in or upon the following areas:

A. Sidewalks while under power; however, motorized wheeled transportation devices are permitted in or upon public sidewalks under manual power. Manual power means that the drive wheel is disengaged from and not propelled by the electric or liquid fuel power source (in neutral) and that the liquid fuel source (combustion engine) is turned off.

B. Parks and improved or natural surface recreational trails or pathways.

C. Public places.

D. Streets with a maximum speed limit in excess of 25 miles per hour.

E. Any portion of Peace Portal Drive.

F. Any portion of State Route (SR) 543, commonly referred to as “the truck route.”

G. Any portion on H Street east of SR 543. (Ord. 2595 § 1, 2004)

10.13.050 Parental responsibility.

A parent or guardian who has custody of any child or ward under the age of 18 shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this section. (Ord. 2595 § 1, 2004)

10.13.060 Minimum age and hours of operation.

A. No motorized wheeled transportation device shall be operated on any street unless the operator is at least 15 years of age.

B. A motorized wheeled transportation device shall not be operated on any street between the hours of 9:00 p.m. and 7:00 a.m. (Ord. 2595 § 1, 2004)

10.13.070 Safety equipment required.

The following equipment shall be required whenever a motorized wheeled transportation device is operated on any street within the city:

A. Helmet Required. Any person operating or riding upon any motorized wheeled transportation device shall, at all times, wear an approved motorcycle helmet or bicycle helmet as those terms are defined herein, and such helmet shall be worn on the head and shall have the chin strap fastened securely while the motorized wheeled transportation device is in motion.

B. Lights and Reflectors Required. Every motorized wheeled transportation device when in use during the “hours of darkness” as defined in RCW 46.04.200 shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector or light on the rear of the motorized wheeled transportation device visible from a distance of up to 500 feet from the rear of the device. (Ord. 2595 § 1, 2004)

10.13.080 Brakes required.

Motorized wheeled transportation devices shall be equipped with brakes that will enable the operator to make the braked wheels skid on dry, level, clean pavement. (Ord. 2595 § 1, 2004)

10.13.090 Muffler required.

A. No motorized wheeled transportation device powered by a liquid fuel motor shall be operated unless such device is equipped with a properly working muffler that is designed to reduce the noise produced by the device and at a minimum conforms to the specifications of the original equipment manufacturer.

B. The operation of a motorized wheeled transportation device shall be subject to the provisions of BMC 9.20.050, Disorderly conduct. (Ord. 2595 § 1, 2004)

10.13.100 No more than one person permitted – Towing or pulling prohibited.

A. No more than one person shall operate or ride upon a motorized wheeled transportation device at the same time. In the event that more than one person operates or rides upon a device at the same time, each person operating or riding the device shall be in violation of this section.

B. No person operating a motorized wheeled transportation device shall tow or pull another person behind such device. In the event that a person is towed or pulled behind a motorized wheeled transportation device, the person operating the motorized wheeled transportation device and the person being towed or pulled shall each be in violation of this section. (Ord. 2595 § 1, 2004)

10.13.110 Violation – Penalty.

A. Penalties. Violation of any of the provisions of this chapter is a traffic offense, whether or not the act at issue occurred upon a roadway, and shall be punished as follows; provided, conduct that constitutes a criminal offense may be charged as such and is subject to the maximum penalties allowed for such offenses:

1. First Offense. The first offense shall be a traffic infraction and shall be punished by a penalty of not more than $250.00 including all costs and assessments, and not less than $50.00, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.

2. Second Offense. The second offense shall be a traffic infraction and shall be punished by a penalty of not more than $250.00 including all costs and assessments, and not less than $150.00, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.

3. Third or Subsequent Offense. A person committing a third or subsequent offense within a five-year period shall be guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed $1,000 or imprisonment in jail for a period not to exceed 90 days or by both such fine and imprisonment. The minimum sentence shall be $250.00, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.

B. Impound. A law enforcement officer having probable cause to believe that a violation of this chapter has been committed shall have the authority to confiscate the motorized foot scooter used in violation of this chapter and hold same for evidence pending adjudication of the offense.

C. Forfeiture. Upon a conviction for a third or subsequent offense, the court shall during sentencing further determine whether to order a forfeiture of a motorized wheeled transportation device which was ridden or operated in violation of this chapter, unless it is proven to the court by preponderance of the evidence that the defendant is not the owner of the property and the owner did not or could not have reasonably known that the property would be ridden in violation of this chapter. A forfeited motorized foot scooter shall be destroyed or sold at public auction.

D. Blaine Municipal Court – Jurisdiction. The Blaine municipal court shall have jurisdiction to adjudicate, in accordance with applicable laws, any violation of this chapter; provided, that in the event jurisdiction over a juvenile lies with another court, that other court shall have jurisdiction to adjudicate the offense. (Ord. 2595 § 1, 2004)

10.13.120 Issuance of notice of infraction.

Law enforcement officers commissioned by the city of Blaine are authorized to issue a notice of infraction upon certification the officer had cause to believe, and does believe, that a person has committed an infraction contrary to the provisions of this chapter. The infraction need not have been committed in the issuing officer’s presence except as otherwise provided by law. (Ord. 2595 § 1, 2004)

Chapter 10.16
TRUCKS, TRAINS AND LOADING ZONES*

Sections:

10.16.010 Curb loading zones.

10.16.020 Load restrictions.

10.16.030 Large trucks or other vehicles – Restrictions.

10.16.035 Compression brakes.

10.16.040 Large trucks or other vehicles – Approval and posting of restrictions.

10.16.050 Railroad trains blocking streets.

10.16.060 Towing of commercial vehicles – Restrictions.

* For provisions on truck parking, see BMC 10.12.010.

10.16.010 Curb loading zones.

A. The city manager shall not, after the adoption of the ordinance codified, in part, in this section, designate or sign any curb loading zone upon special request of any person unless such person makes application for a permit for such zone and for two signs to indicate the ends of each zone.

B. The city manager, upon granting a permit and issuing such signs, shall collect from the applicant and deposit in the city treasury a service fee of $250.00 per year or fraction thereof and may by general regulations impose conditions for the use of such signs and for reimbursement of the city for the value thereof in the event of their loss or damage and their return in the event of their misuse or upon expiration of permit.

C. Every permit shall expire at the end of one year. (Ord. 1263 § 59, 1968; prior code § 10-203)

10.16.020 Load restrictions.

A. The city manager is authorized to place load restrictions on various streets or alleys when examination shows that due to weather or other conditions, the streets or alleys are in danger of being broken up or becoming impassable by the effects of heavy loads.

B. The city manager may also place load restrictions on streets or alleys that, because of construction deficiencies, cannot carry heavier loads.

C. Load restrictions shall have the concurrence of the police chief and the council street committee; except, that when emergency conditions exist, the city manager may proceed. These restrictions shall be enforceable after proper signs and barricades are installed and violation thereof shall be a misdemeanor. (Ord. 1447 § 1, 1976; prior code § 10-204(A))

10.16.030 Large trucks or other vehicles – Restrictions.

The city manager is authorized to restrict the use of large trucks or other vehicles on various streets or alleys when, due to congested traffic conditions, the pedestrian problems of an adjacent school grounds, or other conditions creating a lack of safety for the pedestrian or driving public. (Ord. 1447 § 2, 1976; prior code § 10-204(B)).

10.16.035 Compression brakes.

It shall be unlawful for any person, other than a member of a municipal or other duly constituted fire department or district, to use motor vehicle brakes which are in any way activated or operated by the compression of the engine of any such motor vehicle or any unit or part thereof. (Ord. 2214 § 1, 1995)

10.16.040 Large trucks or other vehicles – Approval and posting of restrictions.

Restrictions on kinds and classes of traffic on certain highways shall have the concurrence of the police chief and the council street committee; except, that when emergency conditions exist the city manager may proceed. These restrictions shall be enforceable after proper signs and barricades are installed and violation thereof is a misdemeanor. (Ord. 1447 § 2, 1976; prior code § 10-204(B))

10.16.050 Railroad trains blocking streets.

It is unlawful for the directing officer or the operator of any railroad train to direct the operation of or to operate the same in such manner as to prevent the use of any street for purposes of travel for a period of time longer than five minutes, except that this provision shall not apply to trains or cars in motion other than those engaged in switching. (Ord. 1263 § 42, 1976; prior code § 10-205)

10.16.060 Towing of commercial vehicles – Restrictions.

It is unlawful to tow commercial truck trailers or semitrailers on city streets in residential zones except for the purpose of pick up and delivery. (Ord. 1799 § 1, 1986)

Chapter 10.20
TRUCK ROUTES

Sections:

10.20.010 Designated routes.

10.20.020 Weight restrictions.

10.20.010 Designated routes.

The following city streets or portion of streets are designated truck traffic routes in the city:

A. C Street from 2nd Street to 4th Street;

B. 2nd Street from D Street to C Street;

C. 3rd Street from D Street to C Street;

D. 4th Street from D Street to B Street;

E. D Street from 2nd Street to 12th Street;

F. H Street from Peace Portal Drive to 3rd Street;

G. H Street from SR 543 to Odell Road;

H. Hughes Avenue from Peace Portal to Odell Road;

I. Yew Avenue from Pipeline Road to Boblett;

J. Boblett Street from Fir Street to Airport;

K. Exit 275 of 1-5 to SR 543;

L. Marine Drive;

M. Peace Portal Drive;

N. F Street;

O. G Street;

P. Martin Street;

Q. State Route 543. (Ord. 1800 § 1, 1986)

10.20.020 Weight restrictions.

Trucks or other vehicles licensed for 28,000 pounds or over shall restrict their travel upon the other public ways of the city to only make pickups or deliveries of merchandise or freight to points not accessible by a truck route. Such travel off the arterial street system for trucks, including travel to terminals or garages, shall be over the shortest practicable route between the destination and the nearest entrance or exit to the truck route. Nothing contained in this chapter shall be construed so as to permit trucks to exceed load limitations otherwise provided for. (Ord. 1800 § 2, 1986)

Chapter 10.24
VEHICLE LOAD RESTRICTIONS

Sections:

10.24.010 Severe emergency load restrictions.

10.24.020 Emergency load restrictions.

10.24.030 Public works director – Duties.

10.24.040 Responsibility of owner or lessee.

10.24.050 Violation – Penalty.

10.24.010 Severe emergency load restrictions.

The following tire size and gross load schedule shall be utilized during severe load restrictions:

SEVERE EMERGENCY LOAD RESTRICTIONS
CONVENTIONAL TIRES TUBELESS OR SPECIAL WITH .5 MARKING

Size	Gross Load	Size	Gross Load
Tire Width	Each Tire	Tire Width	Each Tire
7.00	1,800 lbs.	8-22.5	1,800 lbs.
7.50	1,800 lbs	9-22.5	1,900 lbs.
8.25	1,900 lbs.	10-22.5	2,250 lbs.
9.00	2,250 lbs.	11-22.5	2,750 lbs.
10.0	2,750 lbs.	11.24.5	2,750 lbs.
11.00 or over	3,000 lbs.	12.22.5 or over	3,000 lbs.

(Ord. 1791 § 1, 1986)

10.24.020 Emergency load restrictions.

During emergency load restrictions:

Size	Gross Load	Size	Gross Load
Tire Width	Each Tire	Tire Width	Each Tire
7.00	1,800 lbs.	8-22.5	2,250 lbs.
7.50	2,250 lbs.	9-22.5	2,800 lbs.
8.25	2,800 lbs.	10-22.5	3,400 lbs.
9.00	3,400 lbs.	11.22.5	4,000 lbs.
10.00	4,000 lbs.	11.24.5	4,000 lbs.
11.00	4,500 lbs.	12-22.5	4,500 lbs.
12.00	4,500 lbs.	12-24.5	4,500 lbs.

(Ord. 1797 § 2, 1986)

10.24.030 Public works director – Duties.

The public works director shall be responsible for determining when the restrictions should be imposed and which streets within the city should be posted. (Ord. 1797 § 3, 1986)

10.24.040 Responsibility of owner or lessee.

The owner or lessee of any motor vehicle involved in such act or omission is responsible therefore. Any person knowingly and intentionally participating in creating an unlawful condition of use, is also subject to the penalties provided in this chapter for such unlawful act or omission. If the person operating the vehicle is not the owner or lessee of the vehicle, such person is fully authorized to accept the citation and execute the promise to appear on behalf of the owner or lessee. (Ord. 1791 § 5, 1986)

10.24.050 Violation – Penalty.

Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor and shall be punished by a fine not to exceed $250.00. (Ord. 1791 § 4, 1986)

Chapter 10.28
U-TURNS

Sections:

10.28.010 Prohibited U-turns – Posting.

10.28.010 Prohibited U-turns – Posting.

It is unlawful to make U-turns with a motorized vehicle in the city on Peace Portal Drive from and including its intersection with Marine Drive and the intersection of Boblett Street, and on H Street between the intersections of Peace Portal and Harrison Streets; provided, however, each restriction must be posted at least once on each side of each block. (Ord. 1802 § 1, 1986)

Chapter 10.29
URBAN PUBLIC
TRANSPORTATION SYSTEM

Sections:

10.29.010 Urban public transportation system.

10.29.010 Urban public transportation system.

The city council of the city of Blaine does hereby create an urban public transportation system to engage in, carry on and operate the business of transporting and carrying passengers by motor buses, trackless trolleys, water borne ferry and any other method not restricted by law. The system shall operate within the city limits of Blaine, Washington, and to any point or points outside the city limits of Blaine, Washington, to the extent permitted by law. (Ord. 2108 § 1, 1993)