TITLE 16
TRAFFIC

Chapters:

16.01 Traffic Regulations

16.02 Enforcement and Administration

16.03 Parking Regulations

16.04 Compression Brakes

16.05 Truck Route

16.06 Bicycle Safety and Helmets

Chapter 16.01
Traffic Regulations

Sections:

16.01.010 State Traffic Code adopted.

16.01.020 Speed limits established.

16.01.010 State Traffic Code adopted.

(a) The “Washington Model Traffic Ordinance,” Chapter 308-330 WAC, is hereby adopted by reference as the traffic ordinance of the City of DuPont as if set forth in full.

(b) The following sections of the MTO are not adopted by reference and are expressly deleted:  WAC 308-330-250; 308-330-275; 308-330-500; 308-330-505; 308-330-510; 308-330-515; 308-330-520; 308-330-525; 308-330-530; 308-330-535; and 308-330-540.  (Ord. 500 §§ 1, 2, June 14th, 1994).

16.01.020 Speed limits established.

  Any person who drives a vehicle on the public streets of the City of DuPont shall do so in a careful and prudent manner, and at a speed that is reasonable under the circumstances then existing.  The speed limit within the City of DuPont shall be 25 miles per hour unless otherwise posted.

(a) The posted speed limit shall be 35 miles per hour on Steilacoom-DuPont Road from Barksdale Avenue to Pendelton Avenue.  (Ord. 171, Feb. 11th, 1976; Ord. 436 § 1, July 10th, 1991).

Chapter 16.02
Enforcement and Administration

Sections:

16.02.010 Penalties for violation.

16.02.020 Disposition of fines and bail forfeiture.

16.02.010 Penalties for violation.

  Violation of any provision of this Title shall be a misdemeanor, and any person found guilty thereof may be punished, for each offense, by a fine, not to exceed $300.00, or by imprisonment, not to exceed thirty (30) days, or both.  The Municipal Court shall in addition suspend the operator’s license of any person convicted of an offense for which such action is made mandatory by the laws of the State of Washington, and may also suspend the operator’s license of any person convicted of any other violation of any provision of this Title, for a period not to exceed one (1) year for each offense, in his discretion, when authorized by the laws of the State of Washington to do so.  (Ord. 91 § 2, July 9th, 1970).

16.02.020 Disposition of fines and bail forfeiture.

  All fines collected as a result of convictions for violation of this Title, and all forfeited bail, shall be paid into the current expense fund.  (Ord. 91 § 3, July 9th, 1970).

Chapter 16.03
Parking Regulations

Sections:

16.03.010 Parking on or obstruction of sidewalk--Penalty for violation.

16.03.020 Parking restrictions.

16.03.022 Parking on Montgomery Street.

16.03.025 Repealed.

16.03.030 Prohibition of parking certain over-sized and nonmotorized vehicles on public streets.

16.03.010 Parking on or obstruction of sidewalk--Penalty for violation.

(a) The parking of a motor vehicle on or obstruction of a sidewalk, in any manner whatsoever, excepting where permitted in writing by the City Clerk in order to obtain temporary access for construction or maintenance, is found and hereby declared to be a misdemeanor.

(b) Violation of this section is punishable by a fine not to exceed $250.00 or 30 days in jail or both.  (Ord. 296 §§ 1, 2, Sept. 14th, 1983).

16.03.020 Parking restrictions.

(a) Parking or standing of vehicles is hereby prohibited in any area designated by yellow painted curb with “No Parking” stenciled on the top of the curb, or by other official traffic control devices.

(b) Any violation of this section shall constitute a Class 4 civil infraction pursuant to Chapter 7.80 RCW.  (Ord. 01-696 § 2).

16.03.022 Parking on Montgomery Street.

  Parking of vehicles is hereby prohibited on the north side of Montgomery Street beginning at the intersection with Palisade Boulevard and extending 200 feet west.  (Ord. 07-844 § 1).

16.03.025 Parking on Palisade Boulevard.

  Repealed by Ord. 01-696.  (Ord. 98-613 § 1).

16.03.030 Prohibition of parking certain over-sized and nonmotorized vehicles on public streets.

(a) It shall be unlawful for any person to park or leave unattended on any public street or alley in the City of DuPont, except as herein provided, any vehicle of any nature which exceeds any of the following dimensions:

      Width: 6 feet 6 inches

      Height: 7 feet 6 inches

      Length: 20 feet

(b) The prohibition in subsection (a) of this section shall not apply to a vehicle actually being used for construction, delivery, or other service to the premises adjacent to which it is parked, and as to which a temporary permit for such parking has been secured from the Clerk-Treasurer on application therefor.

(c) It shall be unlawful for any person to park or leave unattended any trailer or nonmotorized vehicle of any nature for more than four consecutive hours on any public street or alley in the City of DuPont.

(d) Violation of this section shall be a misdemeanor and punishable by a fine of $250.00, or 10 days in jail, or both.  (Ord. 315 §§ 1--4, May 8th, 1985).

Chapter 16.04
Compression Brakes

Sections:

16.04.010 Prohibited.

16.04.020 Violation--Penalty.

16.04.010 Prohibited.

  It is unlawful for any person to use brakes activated or operated by the compression of a motor vehicle engine.  (Ord. 479 § 1, July 13th, 1993).

16.04.020 Violation--Penalty.

  Any person convicted in violation of this chapter shall be punished by a fine of not more than $300.00 or confinement in the county jail for a period of not more than 30 days or both.  (Ord. 479 § 2, July 13th, 1993).

Chapter 16.05
Truck Route

Sections:

16.05.010 Prohibited where.

16.05.020 Permitted where.

16.05.030 Exemptions.

16.05.040 Signs--Center Drive.

16.05.050 Signs--Interstate 5.

16.05.060 Copy.

16.05.070 Violation--Penalties.

16.05.080 Temporary waiver.

16.05.010 Prohibited where.

  All commercial vehicles, with or without trailers, having a gross vehicle weight in excess of 14,000 pounds shall be prohibited on Center Drive from its intersection on McNeil Street to its intersection on Palisade Boulevard.  (Ord. 97-582 § 1).

16.05.020 Permitted where.

  All commercial vehicles, with or without trailers, having a gross vehicle weight in excess of 14,000 pounds shall be permitted on DuPont/Steilacoom Road, Center Drive from its intersection with Interstate 5 to McNeil Street, Center Drive from its intersection with DuPont Steilacoom Road to Palisade Boulevard, and the entire length of Wharf Road.  (Ord. 97-582 § 2).

16.05.030 Exemptions.

  Any commercial vehicle having a specific destination within a residential neighborhood and all public transit, school buses, and emergency service vehicles shall be exempt from DMC 16.05.010.  (Ord. 97-582 § 3).

16.05.040 Signs--Center Drive.

  The Utility Maintenance Superintendent is hereby directed to post signs giving notice that the City has established a truck route and prohibits vehicles over 14,000 pounds gross vehicle weight on portions of Center Drive.  (Ord. 97-582 § 4).

16.05.050 Signs--Interstate 5.

  The City shall coordinate with the State Department of Transportation to have appropriate signs posted on Interstate 5 designating the City Truck Route.  (Ord. 97-582 § 5).

16.05.060 Copy.

  The City shall send a copy of the ordinance codified in this chapter to existing businesses so that they might advise their freight carriers and suppliers of the approved truck route.  (Ord. 97-582 § 6).

16.05.070 Violation--Penalties.

  Penalties for violations shall be a misdemeanor as provided in DMC 16.02.010.  (Ord. 97-582 § 7).

16.05.080 Temporary waiver.

  The Mayor is authorized to temporarily waive the enforcement of this chapter upon a determination that it is necessary to do so as a result of substantially increased or altered traffic patterns.  The Mayor shall declare any such waiver, including its beginning and, if feasible, end dates and shall, if practicable, cause appropriate alterations to be made to the signage provided for in DMC 16.05.050 through 16.05.060. Where no end date for the waiver can be specified in advance, it will continue until revoked by the Mayor.  (Ord. 03-734 § 1).

Chapter 16.06
Bicycle Safety and Helmets

Sections:

16.06.010 Purpose and policy declared.

16.06.020 Definitions.

16.06.030 Bicycle helmet required.

16.06.040 Bicycle races and events--Bicycle helmet required.

16.06.050 Bicycle rental, lease or loan--Bicycle helmet required.

16.06.060 Helmet sales--Safety standards.

16.06.070 Enforcement and penalties.

16.06.010 Purpose and policy declared.

(a) This chapter is enacted as an exercise of the police power of the City of DuPont to protect and preserve the public health, safety and welfare.

(b) It is the express purpose of this chapter to provide for and to promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.  (Ord. 02-710 § 1).

16.06.020 Definitions.

  As used in this chapter, the following terms shall have the meanings indicated, unless the context clearly requires otherwise:

(a) “Bicycle” means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels either of which is 16 inches or more in diameter, or three wheels, any of which is more than 20 inches in diameter, and within this chapter shall include any attached trailers, side cars and/or other device being towed by a bicycle.

(b) “Guardian” means a parent, legal guardian, adult with custody, or temporary guardian, who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of a person under the age of 16 years.

(c) “Helmet” means a head covering designed for safety that meets safety standards adopted by Standard Z-90 set by the American National Standards Institute (ANSI), or the Snell Foundation, or such subsequently nationally-recognized standard for bicycle helmet performance as the City Council may adopt.

(d) “Public area” means public roadways, sidewalks, bicycle paths, parks or any right-of-way, publicly owned facility, or publicly owned property within the corporate limits of the City of DuPont.  (Ord. 02-710 § 1).

16.06.030 Bicycle helmet required.

(a) Any person riding a bicycle, in or upon any public area within the corporate limits of the City of DuPont shall wear a helmet, and shall have either the neck or chin strap of the helmet fastened securely while the bicycle is in motion.

(b) A parent or guardian is responsible for requiring that a child under the age of 16 years complies with the provisions of subsection (a) of this section while upon a bicycle in motion, or while bicycling or riding as a passenger in an approved seat apparatus in any authorized area.

(c) Failure of a parent or guardian to require a child under the age of 16 to comply with subsection (a) of this section shall be a Class 4 civil infraction.  (Ord. 02-710 § 1).

16.06.040 Bicycle races and events--Bicycle helmet required.

(a) Any person or organization managing a bicycle race, an organized event involving bicycling, or a bicycling tour, which will take place in whole or in part in any public area, shall notify participants of the requirement to wear a helmet during the event, race, or tour, and such persons and organizations may reject participants who fail to comply with provisions of this chapter.

(b) The person or organization managing a bicycle race, an organized event involving bicycling, or a bicycling tour, shall include the helmet requirement in any promotional brochure and on registration materials.

(c) Failure of a person or organization managing any such event, race or tour to notify and require participants to wear a helmet during the event, race or tour shall be a Class 4 civil infraction to said person or organization.  (Ord. 02-710 § 1).

16.06.050

Bicycle rental, lease or loan--Bicycle helmet required.

(a) Any person engaging in the business of renting, leasing, or loaning any bicycle for use in any area shall offer to the person(s) renting, leasing or using such bicycle(s), a helmet and further shall notify such persons of the requirement under this chapter to wear a helmet.  Such persons or organizations engaged in the business of renting, leasing or loaning bicycles shall not be required to assess whether or not a helmet provided by the person renting, leasing, or using the bicycle meets the standards set pursuant to this chapter.

(b) The rental, lease or loan documents (contract, agreement, brochure, or receipt) of any person engaging in the business or renting or loaning any bicycle in the City of DuPont must advise the person renting, leasing, or using the bicycle of the helmet requirement of this chapter.

(c) It is an affirmative defense to violation of this section for a person wearing an unapproved helmet that the helmet was furnished in conjunction with his or her rental, lease, or use of a bicycle by a person or organization engaged in the business of renting, leasing, or loaning bicycles, and that the helmet was fastened while bicycling.  (Ord. 02-710 § 1).

16.06.060 Helmet sales--Safety standards.

(a) No person shall sell or offer for sale a helmet that does not meet or exceed the safety standards set forth in this chapter.

(b) It is a defense that the sale or offer for sale was an isolated sale of used merchandise made by an individual who was not engaged in the business of selling or repairing recreational equipment such as a seller at a garage or rummage sale.  (Ord. 02-710 § 1).

16.06.070 Enforcement and penalties.

(a) Any person or organization violating any of the provisions of this chapter shall have committed a Class 4 civil infraction.

(b) Any duly commissioned law enforcement officer having law enforcement authority at the place where a violation of this chapter occurs is authorized to enforce the provisions of this chapter.

(c) Each occurrence of a child under 16 violating the requirements of this chapter shall represent a separate violation.

(d) Each rental, lease or use and event, tour or race participant in violation of the requirements of this chapter shall constitute a separate violation.

(e) The first time a person has been issued a notice of infraction for violation of this chapter, if such person appears in person before the court and supplies the court with proof that between the date of the notice of infraction and the appearance date in court, the person purchased a helmet that meets the requirements of this chapter, the court shall dismiss the notice of infraction, without costs.  (Ord. 02-710 § 1).