Chapter 15
TRAFFIC AND VEHICLES

Articles:

I. In General

II. Driving While Under Influence of Intoxicating Liquor or Drug

III. Speed Limits

IV. Stopping – Standing – Parking

V. Motor Vehicles

VI. Bicycles

VII. Commute Trip Reduction (CTR) Plan

VIII. Impoundment of Vehicles Driven by Suspended/Revoked Drivers

IX. Motorized Foot Scooters and Similar Devices

X. Vehicle Crimes Against Persons

Article I.
IN GENERAL

Sections:

15-1 Code adopted.

15-2 Avoidance of intersection.

15-3 Repealed.

15-4 Mandatory criminal traffic civil assessment.

15-5 Mandatory minimum penalties.

15-6 Neighborhood traffic safety zone – Designated.

15-7 Neighborhood traffic safety zone – Definitions.

15-8, 15-9 Reserved.

15-10 Repealed.

15-11 Repealed.

15-12 Traffic safety school.

15-13 Traffic statutes adopted.

15-14 Authority for local use of automated safety cameras.

15-15 – 15-30 Reserved.

15-1 Code adopted.

The Washington Model Traffic Ordinance, Chapter 308-330 WAC, including any future additions to, and amendments and repeals thereof, is hereby adopted by reference, with the exception of the following provisions:

(1) RCW 46.90.500 through 46.90.540, relating to bicycle licensing.

(2) RCW 46.90.555, relating to bicycles on sidewalks.

(3) RCW 46.90.418, relating to prohibition against crossing roadways in a business district.

(4) RCW 46.90.600 through 46.90.660, relating to parking meters.

(5) Reserved.

(6) Reserved.

(7) Reserved. (Ord. No. 91-91, § 1, 4-2-91; Ord. No. 92-163, § 1, 1-19-93; Ord. No. 94-212, § 1, 6-21-94; Ord. No. 95-243, § 1, 9-5-95; Ord. No. 96-260, §§ 1, 2, 1-16-96; Ord. No. 01-391, § 1, 6-19-01)

15-2 Avoidance of intersection.

(a) It is unlawful for any person operating a motor vehicle on the highways of the city to turn such vehicle either to the right or to the left upon approaching or leaving intersections and to proceed across any private property for the purpose of avoiding the intersection or any traffic control device controlling the intersection, unless so directed by lawful authority.

(b) Any person violating the provisions of this section is guilty of an infraction for which the monetary penalty shall be $47.00. (Ord. No. 91-91, § 2, 4-2-91)

15-3 Displaying or possessing of suspended or revoked driver’s license or identification card.

Repealed by Ord. No. 01-391. (Ord. No. 90-70, §§ 1, 2, 7-17-90)

15-4 Mandatory criminal traffic civil assessment.

(a) In addition to the criminal penalty provided herein, any person found to have committed an act designated as a criminal traffic violation under the provisions of this chapter shall be assessed a civil penalty in the amount of $20.00. The funds collected from this civil penalty shall be transmitted to the city of Federal Way traffic safety fund for the purpose of funding public safety traffic improvements, including but not limited to installation of school safety signs, traffic safety signs, traffic speed bumps, and all such other traffic safety-related expenses as may be incurred by the city and authorized by the city council.

(b) For the purposes of this section, “criminal traffic violations under the provisions of this chapter” are defined to be the following:

(1) Driving with the license from another state while suspended in Washington, FWCC 15-1 (RCW 46.20.345);

(2) Hit and run unattended, FWCC 15-1 (RCW 46.52.020(c));

(3) Actual physical control of a motor vehicle while under the influence of intoxicating liquor or drug, RCW 46.61.504;

(4) Driving while under the influence of intoxicating liquor or drug, RCW 46.61.504;

(5) Display or possess any fictional or fraudulently altered driver’s license, RCW 46.20.0921(1);

(6) Permit unlawful use of driver’s license or ID, RCW 46.20.0921(6);

(7) Driving while license suspended or revoked in the first degree (habitual traffic offender), FWCC 15-1 (RCW 46.20.342(1)(a));

(8) Driving while license suspended or revoked in the second degree, FWCC 15-1 (RCW 46.20.342(1)(b));

(9) Driving while license suspended or revoked in the third degree, FWCC 15-1 (RCW 46.20.342(1)(c));

(10) Wilful failure to stop, FWCC 15-1 (RCW 46.61.022);

(11) Failure to surrender a suspended, revoked or cancelled driver’s license or identification card, FWCC 15-1 (RCW 46.20.0921(4));

(12) Lending an operator’s license to another, FWCC 15-1 (RCW 46.20.0921(2));

(13) Negligent driving, FWCC 15-1 (RCW 46.61.525);

(14) No valid operator’s license, FWCC 15-1 (RCW 46.20.005);

(15) Failure to surrender license, FWCC 15-1 (RCW 46.20.021(4));

(16) Violation of occupational driver’s license, FWCC 15-1 (RCW 46.20.410);

(17) Hit and run unattended or property damage, FWCC 15-1 (RCW 46.52.010);

(18) Failure to register vehicle, FWCC 15-1 (RCW 46.16.010(1));

(19) Operating a motor vehicle with suspended registration, FWCC 15-1 (RCW 46.29.605);

(20) Unlawful representation of driver’s license or identification card, FWCC 15-1 (RCW 46.20.0921(3));

(21) Operating a motor vehicle in violation of trip permit requirements, FWCC 15-1 (RCW 46.16.160); and

(22) Other criminal traffic violations as may be adopted in the Revised Code of Washington;

all as they now exist or as may be hereafter amended, deleted or added thereto. (Ord. No. 94-207, § 1, 1-4-94; Ord. No. 01-391, § 2, 6-19-01)

15-5 Mandatory minimum 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 this chapter shall be punished by a penalty of not more than $250.00; provided, however, where any law, rule, or statute provides for any maximum penalty, the actual penalty imposed for a traffic infraction committed within the area designated as the Federal Way neighborhood traffic safety zone shall not be less than 80 percent of the maximum, not including statutory assessments. (Ord. No. 93-163, § 2, 1-19-93; Ord. No. 94-207, § 1, 1-4-94)

15-6 Neighborhood traffic safety zone – Designated.

The city council of the city of Federal Way, Washington, hereby designates an area within the city to be known as the “neighborhood traffic safety zone,” which shall consist of all areas within the city within 1,000 feet of a school bus route stop designated by a school district, or within 1,000 feet of the perimeter of a school grounds. The actual penalty imposed for any traffic infraction committed within the area designated as the Federal Way neighborhood traffic safety zone shall not be less than 80 percent of the maximum, not including statutory assessments.

(1) It is not a defense to a prosecution for a violation of this Code, that a person was unaware that the prohibited conduct took place while in the Federal Way neighborhood traffic safety zone.

(2) It is not a defense to a prosecution for a violation of this Code that persons of under the age of 18 were not present in the area of the school, or at the school bus route stop at the time of the offense, or that school was not in session.

(3) In a prosecution under this section, a map produced or reproduced by the city for the purpose of depicting the location and boundary of the area within 1,000 feet of any property used for a school, or school bus route stop, or a true copy of such map under authentication, shall be admissible and shall constitute prima facie evidence of the location and boundaries of those areas; provided, however, the city council shall adopt a resolution approving the map as the official record of the location and boundaries of the area within 1,000 feet of the school and school bus route stops. The official map or a true copy of the map shall be filed with the city clerk and shall be maintained as the official record of the city of Federal Way. This section shall not be construed as precluding prosecuting authority from introducing or relying upon any other evidence or testimony to establish any element of the violation. This section shall not be construed as precluding the use or admissibility of any map or diagram other that the one which has been approved by the city council if the map or diagram is otherwise admissible under court rule. (Ord. No. 93-163, § 2, 1-19-93; Ord. No. 94-207, § 1, 1-4-94)

15-7 Neighborhood traffic safety zone – Definitions.

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

(1) School has the meaning under RCW 28A.150.010 or 28A.150.020. The term “school” also includes a private school approved under RCW 28A.195.010.

(2) School bus means a school bus as defined by the superintendent of public instruction by rule which is owned and operated by any school district and all school buses which are privately owned and operated under contract, or otherwise with any school district in the state for transportation of students. The term does not include buses operated by common carriers and the urban transportation of students, such as transportation of students through a city transportation system.

(3) School bus route stop means a school bus stop as designated on maps or otherwise identified and submitted by school districts to the office of the superintendent of public instruction. (Ord. No. 93-163, § 2, 1-19-93; Ord. No. 94-207, § 1, 1-4-94)

15-8, 15-9 Reserved.

15-10 Use of photo radar.

Repealed by Ord. No. 05-508. (Ord. No. 94-222, § 1, 10-4-94)

15-11 State law – Crimes of abandonment of a dependent person in the third degree, stalking and operating a motor vehicle in violation of trip permit requirements.

Repealed by Ord. No. 01-391. (Ord. No. 97-303, § 1, 11-18-97)

15-12 Traffic safety school.

(a) Authorized. A traffic safety school is hereby authorized to be administered by the department of public safety as a diversion program.

(b) Purpose. The purpose of the traffic safety school is to instruct, educate, and inform all enrollees in the proper, lawful, and safe operation of motor vehicles, including but not limited to rules of the road and the limitations of persons, vehicles, and bicycles and roads, streets, and highways under varying conditions and circumstances.

(c) Fee. The department of public safety shall charge a fee to traffic school participants for the purpose of reimbursing some or all of the cost of administering the traffic school. The amount of the fee shall be as established or amended by the city council by resolution. Participants in the traffic school shall remit said fee to the management services department in accordance with the procedures established by the department of public safety. (Ord. No. 00-373, §§ 1 – 3, 9-5-00)

15-13 Traffic statutes adopted.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 46.61.685, Leaving children unattended in standing vehicle with motor running – Penalty.

(2) RCW 46.61.740, Theft of motor vehicle fuel.

(3) RCW 46.63.170, Traffic safety cameras. (Ord. No. 02-429, § 16, 11-19-02; Ord. No. 05-508, § 6, 11-1-05)

15-14 Authority for local use of automated safety cameras.

(1) Automated traffic safety cameras may be used to detect stoplight or school speed zone violations. This section is intended to provide authorizing language as required under RCW 46.63.170.

(2) Use of automated traffic safety cameras is restricted to two-arterial intersections and school speed zones only.

(3) Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle.

(4) All locations where an automated traffic safety camera is used must be clearly marked by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera.

(5) For the purpose of this section, “automated traffic safety camera” means a device that uses a vehicle sensor installed to work in conjunction with an intersection traffic control system or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or exceeds a speed limit in a school zone as detected by a speed measuring device.

(6) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1)(a), (b), or (c).

(7) This section shall be applied as prescribed by RCW 46.63.170. (Ord. No. 05-508, § 7, 11-1-05)

15-15 – 15-30 Reserved.

Article II.
DRIVING WHILE UNDER INFLUENCE OF INTOXICATING LIQUOR OR DRUG

Sections:

15-31 Driving under the influence.

15-32 – 15-33 Reserved.

15-34 Repealed.

15-35 – 15-37 Reserved.

15-38 Repealed.

15-39 Repealed.

15-40 – 15-55 Reserved.

15-31 Driving under the influence.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 46.61.500, Reckless driving – Penalty.

(2) RCW 46.61.502, Driving under the influence.

(3) RCW 46.61.503, Driver under twenty-one consuming alcohol – Penalties.

(4) RCW 46.61.504, Physical control of vehicle under the influence.

(5) RCW 46.61.5054, Alcohol violators – Additional fee – Distributions.

(6) RCW 46.61.5055, Alcohol violators – Penalty schedule.

(7) RCW 46.61.5056, Alcohol violators – Information school – Evaluation and treatment.

(8) RCW 46.61.50571, Alcohol violators – Mandatory appearances.

(9) RCW 46.61.5058, Alcohol violators – Vehicle seizure and forfeiture.

(10) RCW 46.61.506, Persons under influence of intoxicating liquor or drug – Evidence – Tests – Information concerning tests.

(11) RCW 46.61.513, Criminal history and driving record.

(12) RCW 46.61.5151, Sentences – Intermittent fulfillment – Restrictions.

(13) RCW 46.61.5152, Attendance at program focusing on victims.

(14) RCW 46.61.517, Refusal of alcohol test – Admissibility as evidence.

(15) RCW 46.61.519, Alcoholic beverages – Drinking or open container in vehicle on highway – Exceptions.

(16) RCW 46.61.5195, Disguising alcoholic beverage container. (Ord. No. 01-391, § 4, 6-19-01)

15-32 Reserved.

Editor’s note – Ord. No. 96-260, § 1, adopted Jan. 16, 1996, repealed former § 15-32, relative to having physical control of a vehicle, which derived from Ord. No. 91-91, § 5, adopted April 2, 1991; Ord. No. 93-200, § 2, adopted Dec. 7, 1993; and Ord. No. 94-212, § 3, adopted June 21, 1994.

15-33 Reserved.

Editor’s note – Ord. No. 96-260, § 1, adopted Jan. 16, 1996, repealed former § 15-33, relative to blood and breath analysis, which derived from Ord. No. 91-91, § 6, adopted April 2, 1991; and Ord. No. 94-212, § 4, adopted June 21, 1994.

15-34 Admissibility or refusal evidence.

Repealed by Ord. No. 01-391. (Ord. No. 92-131, § 1, 4-7-92)

15-35 Reserved.

Editor’s note – Ord. No. 96-260, § 1, adopted Jan. 16, 1996, repealed former § 15-35, relative to penalty for DWI, which derived from Ord. No. 94-213, § 1, adopted June 21, 1994; and Ord. No. 95-243, § 1, adopted Sept. 5, 1995.

15-36 Reserved.

Editor’s note – Ord. No. 95-243, § 1, adopted Sept. 5, 1995, deleted former § 15-36, relative to blood alcohol concentrations while on probationary license status, which derived from Ord. No. 94-213, § 2, adopted June 21, 1994.

15-37 Reserved.

Editor’s note – Ord. No. 95-243, § 1, adopted Sept. 5, 1995, deleted former § 15-37, relative to penalty provisions for second offenses, which derived from Ord. No. 94-213, § 3, adopted June 21, 1994.

15-38 Assessment fee.

Repealed by Ord. No. 01-391. (Ord. No. 94-213, § 4, 6-21-94)

15-39 Treatment.

Repealed by Ord. No. 01-391. (Ord. No. 94-213, § 5, 6-21-94)

15-40 – 15-55 Reserved.

Article III.
SPEED LIMITS

Sections:

15-56 State laws applicable – Variance by city.

15-57 Increasing state speed limit.

15-58 Decreasing state speed limit.

15-59 Schedule.

15-60 Temporary decreases authorized.

15-61 Statutes adopted.

15-62 – 15-80 Reserved.

15-56 State laws applicable – Variance by city.

The state traffic laws regulating the speed of vehicles shall be applicable upon all streets within the city, except that the legislative authority of the city, as authorized by state law, may declare and determine by order, rule or regulation, properly adopted, that certain increased or decreased speed regulations shall be applicable upon specified streets or in certain areas, in which event it is unlawful for any person to operate a vehicle at a speed in excess of the speed so established when proper signs are in place giving notice thereof. (Ord. No. 90-29, § 1, 2-13-90)

15-57 Increasing state speed limit.

Whenever conditions are found to exist upon an arterial street or highway which warrant an increase in the speed permitted by state law, the city council, subject to the approval of the state highway commission in cases involving state highways, shall determine and declare a reasonable and safe maximum speed limit for such arterial street or highway, or portion thereof, not to exceed 60 miles per hour. (Ord. No. 90-29, § 2, 2-13-90)

15-58 Decreasing state speed limit.

Whenever it is deemed inadvisable for vehicles to operate at the maximum speed allowed by state law on any portion of a street or public highway on account of a sharp curvation, highway construction or repairs, excessive traffic, any dangerous condition, or other temporary or permanent cause, the city council, subject to the approval of the State Highway Commission in cases involving state highways, shall determine and fix a lower maximum speed or otherwise regulate a lesser speed; provided, that, in no case shall the maximum speed be reduced to less than 20 miles per hour. (Ord. No. 90-29, § 3, 2-13-90)

15-59 Schedule.

The maximum speed limits set forth in the following schedule of speed limits are hereby established as the reasonable and safe maximum speed limits to be effective at all times upon the streets and highways designated in the schedule. The city manager shall cause appropriate signs to be erected on such streets and highways, giving notice of the speed limits, as provided in this article.

(1) Speed limit 30 mph. No person shall operate a motor vehicle upon the following described roads in excess of 30 miles per hour:

9th Avenue South, between South 336th Street and South 348th Street.

11th Place South, between South 320th Street and South 324th Street.

16th Avenue South, between South 356th Street and South 364th Way.

23rd Avenue South, between South 312th Street and South 324th Street.

South 304th Street, between Pacific Highway South and Military Road South.

South 324th Street, between 11th Place South and 23rd Avenue South.

South 364th Way, between 12th Avenue South and 16th Avenue South.

Southwest 356th Street, between 20th Avenue Southwest and Pierce County.

(2) Speed limit 35 mph. No person shall operate a motor vehicle upon the following described roads in excess of 35 miles per hour:

1st Avenue South, between South 296th Street and South 356th Street.

12th Avenue South, between South 372nd Way and South 364th Way.

16th Avenue South, between South Dash Point Road and Pacific Highway South, and between Pacific Highway South and 348th Street.

10th Avenue Southwest, between Southwest Campus Drive and 6th Avenue Southwest.

21st Avenue Southwest, between Southwest Dash Point Road and Southwest 356th Street.

28th Avenue South, between South 304th Street and South 317th Street.

South 288th Street, between Pacific Highway South and F.A.I. #5.

South and Southwest 312th Street, between Southwest Dash Point Road and 28th Avenue South.

South 317th Street, between 28th Avenue South and 23rd Avenue South.

South and Southwest 320th Street, between 1,000 feet west of 1st Avenue South and F.A.I. #5 and between 21st Avenue Southwest and 47th Avenue Southwest.

South 336th Street, between 1st Way South and Weyerhaeuser Way South.

Southwest 336th Street, between 21st Avenue Southwest and 26th Place Southwest.

Southwest 336th Way, between 26th Place Southwest and 30th Avenue Southwest.

Southwest 340th Street, between 30th Avenue Southwest and Hoyt Road Southwest.

South 344th Street, between Weyerhaeuser Way South and 1,500 feet east of Weyerhaeuser Way South.

Southwest 344th Street, between 21st Avenue Southwest and 35th Avenue Southwest.

South 348th Street, between 1st Avenue and Pacific Highway South.

South 356th Street, between 1st Avenue South and 16th Avenue South.

South 359th Street, between Pacific Highway South and 16th Avenue South.

South 373rd Street, between Pacific Highway South and South 372nd Way.

South 372nd Way, between 12th Avenue South and South 373rd Street.

Hoyt Road Southwest, between Southwest Dash Point Road and Pierce County.

Milton Road South, between Enchanted Parkway South and South 369th Street.

Redondo Way South, between South Dash Point Road and the South 284th Street (if extended).

Southwest Campus Drive, between 1st Avenue South and 21st Southwest.

South Star Lake Road, between South 272nd Street and Military Road South.

Weyerhaeuser Way South, between South 320th Street and South 349th Street.

(3) Speed limit 40 mph. No person shall operate a motor vehicle upon the following described roads in excess of 40 miles per hour:

South and Southwest 320th Street, between 21st Avenue Southwest and 1,000 feet west of 1st Avenue South and between F.A.I. #5 and 1,000 feet east of Weyerhaeuser Way South.

Southwest 356th Street, between 1st Avenue South and 20th Avenue Southwest.

Military Road South, F.A.I. #5 at South Star Lake Road and F.A.I. #5 at South 307th Street (if extended). (Ord. No. 90-29, § 4, 2-13-90; Ord. No. 93-177, § 1, 6-1-93; Ord. No. 96-259, § 1, 1-2-96; Ord. No. 00-364, § 1, 2-15-00; Ord. No. 03-449, § 1, 9-16-03)

15-60 Temporary decreases authorized.

Whenever it is deemed unadvisable for vehicles to operate at the maximum speed limit allowed by state law in any portion of a street or public highway on account of temporary conditions, including, but not limited to, highway construction or repairs, identified excessive traffic periods, any dangerous condition, during any emergency period, whether manmade or natural disaster, or any other temporary cause, the public works director, subject to the approval of the State Highway Commission in cases involving state highways, shall determine and fix the lower maximum speed limits or otherwise regulate a lesser speed; provided, in no case shall the maximum speed be reduced to less than 20 miles per hour. In all such cases the public works director shall take steps to ensure that adequate signage reflecting the reduced speed limits shall be maintained. (Ord. No. 92-145, § 1, 6-16-92)

15-61 Statutes adopted.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 38.52.010, Definitions.

(2) RCW 38.52.430, Emergency response caused by person’s intoxication – Recovery of costs from convicted person. (Ord. No. 02-429, § 17, 11-19-02)

15-62 – 15-80 Reserved.

Article IV.
STOPPING – STANDING – PARKING

Sections:

Division 1. Generally

15-81 Penalty for violations.

15-82 Parking commercial vehicles in residential areas.

15-83 Parking privileges for disabled persons.

15-84 – 15-95 Reserved.

Division 2. Specific Streets

15-96 Authority to impose limitations.

15-97 Signs.

15-98 – 15-110 Reserved.

Division 3. Fire Lanes

15-111 Definition.

15-112 Establishment.

15-113 Penalty for violations.

15-114 Impoundment.

15-115 Marking.

15-116 Obstruction prohibited.

15-117 Alternate materials and methods.

15-118 Exemption to sign, marking requirements.

15-119 Maintenance.

15-120 Towing notification.

15-121 Property owner responsibility.

15-122 – 15-140 Reserved.

Division 1. Generally

15-81 Penalty for violations.

Unless another penalty is expressly provided by law, any person found to have committed an act which violates the provisions of this article, shall be guilty of a traffic infraction and shall be punished by a penalty of not more than $250.00. (Ord. No. 90-46, § 5, 3-20-90; Ord. No. 91-97, § 1, 5-21-91)

15-82 Parking commercial vehicles in residential areas.

No person shall park a commercial vehicle which is more than 80 inches wide overall on any street or alley in residential areas zoned SE, RS and RM except when engaged in deliveries or as support to an ongoing business activity such as construction, moving, carpentry, plumbing, or landscaping, but only for the time reasonable and necessary to support the activity or make the delivery. (Ord. No. 90-46, § 4, 3-20-90; Ord. No. 91-97, § 1, 5-21-91; Ord. No. 05-507, § 1, 10-18-05)

15-83 Parking privileges for disabled persons.

The following state statutes, including all future amendments, additions or deletions, are adopted by reference:

(1) RCW 46.16.381, Special parking privileges for disabled persons – Penalties – Enforcement.

(2) RCW 46.61.581.

(3) The department of public safety may appoint volunteers to enforce the parking laws for disabled persons as set forth in RCW 46.16.381(13) as currently written, or amended in the future. (Ord. No. 01-391, § 7, 6-19-01)

15-84 – 15-95 Reserved.

Division 2. Specific Streets

15-96 Authority to impose limitations.

The public works director has the authority, with respect to public highways, streets, roads and thoroughfares under the city’s jurisdiction, to prohibit or limit the times that on-street parking is to be legally permitted. (Ord. No. 90-42, § 1, 2-27-90; Ord. No. 90-47, § 1, 3-20-90; Ord. No. 03-449, § 2, 9-16-03)

15-97 Signs.

When the public works director determines parking restrictions are necessary, pursuant to FWCC 15-96, he or she shall erect, or cause to be erected and maintained, signs designating the parking restrictions. No such limitations shall be effective unless signs are in place. In no other case shall enforcement and effectiveness of this division be conditioned on signage. (Ord. No. 90-42, § 2, 2-27-90; Ord. No. 03-449, § 3, 9-16-03)

15-98 – 15-110 Reserved.

Division 3. Fire Lanes

15-111 Definition.

For the purposes of this division, the words “fire lane” shall mean the area within any public right-of-way, easement or private property designated for fire trucks and other firefighting or emergency equipment to use, travel upon and/or park. (Ord. No. 90-61, § 1(B), 6-5-90)

15-112 Establishment.

Fire lanes in conformance with this division shall be established by the fire chief for the city, or designee, and in conjunction with the building official. These lanes shall be referred to as “designated fire lanes” in this division. (Ord. No. 90-61, § 1(A), 6-5-90)

15-113 Penalty for violations.

Any person who fails to mark or maintain the marking of a designated fire lane as prescribed in this division, or who parks a vehicle in, allows the parking of a vehicle in, obstructs or allows the obstruction of a designated fire lane is guilty of an infraction. The maximum penalty for failing to mark or maintain the marking of a designated fire lane shall be not more than a fine of $150.00. The maximum penalty for parking a vehicle in, allowing the parking of a vehicle in, obstructing, or allowing the obstruction of a designated fire lane, shall be not more than a fine of $150.00. Each day or part of a day during which the unlawful act or violation occurs shall constitute a separate offense. There shall be a penalty of $25.00 for failure to respond to the notice of this infraction. The local court shall impose this monetary penalty for failure to respond, pursuant to RCW 46.63.110(3). (Ord. No. 90-61, § 1(J), 6-5-90; Ord. No. 91-95, § 1, 5-7-91)

15-114 Impoundment.

Any vehicle or object obstructing a designated fire lane is hereby declared a traffic and fire hazard and may be immediately impounded pursuant to the applicable state law, and Uniform Fire Code, without prior notification to its owner. Pursuant to state law, the owner may be held responsible for all impound fees. (Ord. No. 90-61, § 1(K), 6-5-90)

15-115 Marking.

All designated fire lanes shall be clearly marked in one of the following manners:

(1) Vertical curbs six inches in height shall be painted yellow on the top and side, extending the length of the designated fire lane. The pavement adjacent to the painted curbs shall be marked with block lettering a minimum of 18 inches in height and with a three-inch brush stroke reading: “No Parking – Fire Lane.” Lettering shall be yellow and spaced at no more than 50-foot intervals.

(2) Rolled curbs or surface without curbs shall have a yellow six-inch-wide stripe painted extending the length of the designated fire lane. The surface adjacent to the strip shall be marked with block lettering a minimum of 18 inches in height and with a minimum three-inch brush stroke reading: “No Parking – Fire Lane.” Lettering shall be in yellow and spaced at no more than 50-foot intervals.

(3) Fire lane signs which shall be as follows:

a. Reflective in nature.

b. Use red letters on white background.

c. Use three-inch lettering, to read “No Parking – Fire Lane.”

d. A minimum of 12 inches wide by 18 inches tall.

e. Spaced no more than 50 feet apart and posted on or immediately next to the curb or side of the road.

f. Top of the sign to be not less than four feet nor more than six feet from the ground.

g. Signs may be placed on a building when approved by the fire chief in coordination with the building official.

h. When posts are required for signs, they shall be a minimum of two-inch galvanized steel or four- by four-inch pressure treated wood.

i. Signs are to be placed so they face the direction of vehicular travel. (Ord. No. 90-61, § 1(C), 6-5-90)

15-116 Obstruction prohibited.

The obstruction of a designated fire lane by a parked vehicle or any other object is prohibited and shall constitute a traffic and fire hazard as defined in state law and the Uniform Fire Code and be an immediate hazard to life and property. (Ord. No. 90-61, § 1(D), 6-5-90)

15-117 Alternate materials and methods.

As a designee of the building official, the fire chief may modify any of the provisions in this division, where practical difficulties may exist. The particulars of a modification shall be decided by the fire chief and shall be entered into the records of the fire department, local police agency and the building department. (Ord. No. 90-61, § 1(E), 6-5-90)

15-118 Exemption to sign, marking requirements.

(a) Signs posted prior to June 5, 1990, will be allowed to remain until there is a need for replacement. When replaced, the new sign must then meet the requirements set forth in this division.

(b) Markings will be allowed to remain until there is a need for repainting. When repainted, the new markings must then meet the requirements as set forth in this division. (Ord. No. 90-61, § 1(F), 6-5-90)

15-119 Maintenance.

Fire lane markings shall be maintained at the expense of the property owner as often as is deemed necessary to clearly identify the designated area as a fire lane. (Ord. No. 90-61, § 1(G), 6-5-90)

15-120 Towing notification.

At each entrance to property where fire lanes have been designated, signs shall be posted as set forth in this division, in a clear, conspicuous location and shall clearly state “Vehicles parked in Fire Lanes may be impounded.” They shall also state the name, telephone number and address of the towing company where the vehicle may be redeemed. (Ord. No. 90-61, § 1(H), 6-5-90)

15-121 Property owner responsibility.

The owner, manager or person in charge of any property upon which designated fire lanes have been established shall be responsible for, and not allow, vehicles or other objects to park in such fire lanes. (Ord. No. 90-61, § 1(I), 6-5-90)

15-122 – 15-140 Reserved.

Article V.
MOTOR VEHICLES

Sections:

Division 1. Generally

15-141 Junk vehicles.

15-142 – 15-150 Reserved.

Division 2. Equipment

15-151 Penalty for violation.

15-152 Compression brakes prohibited.

15-153 – 15-165 Reserved.

Division 3. Cruising

15-166 Definitions.

15-167 Penalty for violation.

15-168 Exceptions.

15-169 No cruising areas – Designation – General.

15-170 No cruising areas – Designation – Sea-Tac Mall.

15-171 Acts constituting cruising prohibited.

15-172 – 15-180 Reserved.

Division 4. Street Use Restriction

15-181 Authority to impose – Limitations.

15-182 Signing.

15-183 Designated vehicle routes.

15-184 Local deliveries.

15-185 Application to weight rate.

15-186 Penalty for violation.

15-187 – 15-190 Reserved.

Division 1. Generally

15-141 Junk vehicles.

(a) Junk or junked vehicles are declared public nuisances under FWCC 22-1 and 22-952.

(b) Junk vehicles may be impounded, provided the following notice and hearing procedures are fulfilled:

(1) At least 15 days prior to impoundment, notice shall be provided to the property owner of record and sent to the vehicle’s last registered owner of record if the vehicle’s owner’s identity can be determined and that person is different from the property owner. The notice shall provide that a hearing may be requested and that if no hearing is requested, the vehicle will be removed. This notice may be contained in the notice of violation. If the owner or occupier of the property hinders the city from ascertaining the owner of the vehicle, the owner of the property shall be presumed to be the owner of the vehicle;

(2) If a request for a hearing is received, a notice giving the time, location, and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance shall be mailed, by regular mail and certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record of the vehicle unless the owner cannot be determined. This hearing may be held in the same manner and at the same time as an appeal of the notice of violation under FWCC 1-19;

(3) This section shall not apply to (a) a vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property or (b) a vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130 as it exists or is hereafter amended;

(4) The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, then the local agency shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the cost from the owner of the property;

(5) After notice has been given of the intent of the city to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of a law enforcement officer or a code enforcement officer with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked.

(c) At least 15 days after an unappealed notice of violation under FWCC 1-17 is issued, or at least 15 days after the final decision on an appealed notice of violation, any junk or junked vehicle or part thereof as defined by FWCC 22-1 and/or 22-952 and encompassed by the notice of violation is subject to summary impoundment at the direction of a law enforcement officer or code enforcement officer. A law enforcement officer or code enforcement officer may take custody of such vehicle, at his or her discretion, and provide for its prompt removal to a place of safety. An impoundment under this section shall not be considered an abatement under FWCC 1-21 nor subject to its provisions.

(d) A warrant to enter the property and impound any vehicles shall not be required to impound vehicles that are visible from outside of the property and accessible from normal access routes from the public right-of-way, including but not limited to those vehicles on or adjacent to driveways and not behind closed gates.

(1) A judge of the municipal court of the city of Federal Way, upon a proper oath or affirmation showing compliance with this section and probable cause that a junk or junked vehicle is present on a property, shall have power to issue a warrant directed to a state or local official authorizing the official to enter the property to impound the vehicle.

(2) A warrant shall issue only upon application of a designated officer or employee of a prosecuting or regulatory authority supported by declaration or affidavit made under oath or upon sworn testimony before the judge and establishing probable cause for the issuance of the warrant and particularly describing the property and the vehicle or vehicles to be impounded. For purposes of this section, probable cause exists if there is reasonable cause to believe that a junk or junked vehicle is present upon the particular property to be entered.

(3) If the judge is satisfied that the standard for issuing a warrant has been met, the judge shall issue the warrant. The warrant must particularly describe the property and the vehicle or vehicles to be impounded.

(4) A warrant issued pursuant to this section must be executed and returned within 10 days unless, upon a showing of a need for additional time, the period is extended or renewed by a judge upon a finding that such extension or renewal is in the public interest. A copy of the warrant and a receipt for any property seized pursuant to the warrant shall be given to the person whose property is entered, or if the person is not at the property, the copy shall be left in or on the property that was entered or from which property was taken. The return of the warrant shall be promptly made accompanied by a written inventory of any property taken.

(5) A copy of the return shall be attached to the warrant and filed with the clerk of the court.

(e) Costs of removal may be assessed against the registered owner of the vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101 as it exists or is hereafter amended, or the costs may be assessed against the owner of the property on which the vehicle is stored.

(f) A registered disposer under contract to the city for the impounding of vehicles shall comply with any administrative regulations on the handling and disposing of vehicles. (Ord. No. 06-534, § 1, 10-17-06)

15-142 – 15-150 Reserved.

Division 2. Equipment

15-151 Penalty for violation.

Unless otherwise provided, any person violating any of the provisions of this division shall be guilty of a traffic infraction, punishable by a maximum fine of $250.00. (Ord. No. 90-69, § 2, 7-18-90)

15-152 Compression brakes prohibited.

(a) No person shall 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. It shall be an affirmative defense to prosecution under this section that compression brakes were applied in an emergency and were necessary for the protection of persons and/or property.

(b) This section shall not apply to any emergency vehicle when responding to an emergency. (Ord. No. 90-69, § 1, 7-18-90)

15-153 – 15-165 Reserved.

Division 3. Cruising

15-166 Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

No cruising area shall mean an area designated by the city council by ordinance as susceptible to, or having a history of traffic congestion, obstruction of streets, sidewalks or parking lots, impediment of access to shopping centers or other buildings open to the public, interference with the use of property or conduct of business in the area adjacent thereto or that emergency vehicles cannot respond in that area within a reasonable period of time.

Traffic control point shall mean any point within the no cruising area established by the city council for the purpose of monitoring cruising. (Ord. No. 90-35, § 1, 2-20-90)

15-167 Penalty for violation.

Violation of this division is a traffic infraction, and shall be punished by a penalty of $250.00. (Ord. No. 90-35, § 6, 2-20-90)

15-168 Exceptions.

This division shall not apply to persons who reside within a designated no cruising area, in-service emergency vehicles, taxicabs for hire, buses and other vehicles being driven for business purposes. (Ord. No. 90-35, § 5, 2-20-90)

15-169 No cruising areas – Designation – General.

(a) No area shall be designated or posted as a no cruising area except upon the passage of an ordinance by the council specifically mandating such designation and posting for a particular area.

(b) At every point where a public street or alley becomes or provides ingress to a no cruising area there shall be posted a sign which designates the no cruising area. (Ord. No. 90-35, § 2, 2-20-90)

15-170 No cruising areas – Designation – Sea-Tac Mall.

Sea-Tac Mall and its immediate vicinity is hereby designated as a no cruising area. This area is further described as:

From the northwest corner of the right-of-way at the intersection of South 316th Street and Pacific Highway South, thence east along the north margin of the right-of-way of South 316th Street to the northeast corner of the right-of-way at the intersection at 23rd Avenue South and South 316th Street; thence southeast along the northeast margin of the right-of-way of 23rd Avenue South to the northeast corner of the right-of-way at the intersection at 23rd Avenue South and South 317th Street; thence east along the north margin of the right-of-way of South 317th Street to the northeast corner of the right-of-way at the intersection of South 317th Street and Gateway Center Boulevard; thence generally south along the east margin of the right-of-way of Gateway Center Boulevard to the southeast corner of the right-of-way at the intersection of Gateway Center Boulevard and South 320th Street; thence west along the south margin of the right-of-way of South 320th Street to the southeast corner of the right-of-way of the intersection at South 320th Street and 23rd Avenue South; thence south along the east margin of the right-of-way of 23rd Avenue South to the right-of-way of the curving intersection at 23rd Avenue South and South 324th Street; thence west along the south margin of the right-of-way of South 324th Street to the southwest corner of the right-of-way at the intersection at South 324th Street and Pacific Highway South; thence north along the west margin of the right-of-way of Pacific Highway South to the northwest corner of the right-of-way at the intersection of Pacific Highway South and South 316th Street, the true point of beginning.

(Ord. No. 90-35, § 4, 2-20-90)

15-171 Acts constituting cruising prohibited.

No person shall drive or permit a motor vehicle under his or her care, custody or control to be driven past a traffic control point more than two times in the same direction of travel within a two-hour period in or around a posted no cruising area so as to contribute to traffic congestion, obstruction of streets, sidewalks or parking lots, impediment of access to shopping centers or other buildings open to the public or interference with the use of property or conduct of business in the area adjacent thereto. The third passage of the same traffic control point in the same direction of travel within the aforementioned two-hour period constitutes a violation of this division. (Ord. No. 90-35, § 3, 2-20-90)

15-172 – 15-180 Reserved.

Division 4. Street Use Restriction

15-181 Authority to impose – Limitations.

(a) Authority. The public works director has the following authority, with respect to public highways, streets and thoroughfares, under the city’s jurisdiction, subject to the limitation described in subsection (b) of this section to:

(1) Prohibit the operation thereon of trucks or other vehicles;

(2) Impose limits as to weights;

(3) Determine haul routes for local trips;

(4) Impose any other restrictions as may be deemed necessary, in the judgment of the public works director, which restriction may be imposed on school buses, public transit and emergency vehicles, except under emergency response conditions, in addition to trucks and other vehicles.

(b) Limitations. The public works director shall not, however, prohibit the use of any city street designated by the state transportation commission as forming the part of the route of any primary state highway through the city, by vehicles or any class of vehicles, or impose any restrictions or reductions in permissible weights unless the restriction, limitation or prohibition, or reduction in permissible weight, is first approved in writing by the State Transportation Commission. (Ord. No. 91-103, § 2(10.28.010), 6-18-91)

15-182 Signing.

Whenever the public works director determines weight limits are necessary, pursuant to FWCC 15-181, he or she shall erect, or cause to be erected and maintained, signs designating the provisions of the weight limit at each end of the portion of any public highway, street or thoroughfare affected by such limitations. No such limitations shall be effective unless the signs are in place. In no other case shall enforcement and effectiveness of this division be conditioned on signage. (Ord. No. 91-103, § 2(10.28.020), 6-18-91)

15-183 Designated vehicle routes.

(a) The public works director shall erect, or cause to be erected and maintained, signs designating the following public highway, streets and thoroughfares within the city as vehicle routes for all vehicles rated in excess of 30,000 pounds gross weight (gw) as defined by RCW 46.16.111, which is adopted by this reference, including all future amendments or additions thereto:

(1) State Route 5, Interstate Highway 5;

(2) State Route 18, State Route 99 to State Route 5;

(3) State Route 99, Pacific Highway South;

(4) State Route 161, Enchanted Parkway;

(5) State Route 509, Dash Point Road;

(6) South 320th Street, State Route 99 to State Route 5;

(7) 16th Avenue South, State Route 99 to State Route 18;

(8) Milton Road South, State Route 161 to South 369th Street;

(9) South 356th Street, State Route 99 to State Route 161.

(b) All other streets within the limits of the city shall be restricted to allow only vehicles rated under 30,000 pounds gross weight, except as provided for in FWCC 15-184. (Ord. No. 91-103, § 2(10.28.030A), 6-18-91; Ord. No. 00-365, § 1, 3-7-00)

15-184 Local deliveries.

(a) Vehicles rated in excess of 30,000 pounds gross weight, as defined in RCW 46.16.111, are restricted to the designated truck routes noted in FWCC 15-183, except a person or entity operating or employing (whether directly or by contract) such vehicles is not subject to the restriction when making less than 10 deliveries per day to the same destination. Deliveries are defined, for the purposes of this section, as all local deliveries with destinations or origins within the city, and all deliveries which pass through the city between origin and destination. A person or entity operating or employing such vehicles for 10 or more local deliveries per day shall also be subject to those route restrictions, conditions, or designations promulgated by the public works director pursuant to this division.

(b) A person or entity operating or employing (either directly or by contract) vehicles rated in excess of 30,000 pounds gross weight, as defined by RCW 46.16.111, to make more than 72 deliveries per day or more than 3,000 trips within a three-month period to the same destination shall obtain a right-of-way use permit (limited or extended, as applicable) pursuant to Chapter 13 FWCC, and be subject to those route restrictions and designations, and other conditions or restrictions promulgated by the public works director as conditions of that permit or as otherwise provided in this division. (Ord. No. 91-103, § 2(10.28.030B), 6-18-91; Ord. No. 00-365, § 2, 3-7-00)

15-185 Application to weight rate.

All route limitations imposed by this division shall apply to vehicles based upon the vehicle’s weight rate designation, regardless of the actual vehicle weight or load in any given trip, or at any given time. (Ord. No. 91-103, § 2(10.28.040), 6-18-91)

15-186 Penalty for violation.

(a) A violation of this division shall be a traffic infraction with a maximum penalty of a fine in the amount of $250.00. Any person charged with this infraction may post bail in this amount, which may be forfeited.

(b) If any person shall fail to respond to a notice of infraction issued pursuant to this division, the local court shall impose an additional monetary penalty of $25.00, pursuant to RCW 46.63.110(3). (Ord. No. 91-103, § 2(10.28.050), 6-18-91)

15-187 – 15-190 Reserved.

Article VI.
BICYCLES

Sections:

15-191 Penalty for violation.

15-192 Riding on sidewalks – In business district.

15-193 Riding on sidewalks – Elsewhere in city.

15-194 Riding on sidewalks – Yield to pedestrians.

15-195 Use right half of roadway.

15-196 Bicycle helmets.

15-197 – 15-199 Reserved.

15-191 Penalty for violation.

Any person violating the provisions of this article is guilty of an infraction for which the monetary penalty shall be $47.00. (Ord. No. 91-91, § 3(F), 4-2-91)

15-192 Riding on sidewalks – In business district.

(a) No person shall ride a bicycle upon a sidewalk in a business district, unless the sidewalk is classified and published as a Class III bike route.

(b) The public works director is authorized to and shall designate and publish a list of sidewalks, as appropriate, within any business district, as Class III bike routes.

(c) A list of all sidewalks classified as Class III bike routes shall be maintained on file with the public works department.

(d) Business district for purposes of this section means the SeaTac Mall and its immediate vicinity. This area is particularly described as:

The northwest corner of the right-of-way at the intersection of South 316th Street and Pacific Highway South; thence east along the north margin of the right-of-way of South 316th Street to the northeast corner of the right-of-way at the intersection at 23rd Avenue South and South 316th Street; thence southeast along the northeast margin of the right-of-way of 23rd Avenue South to the northeast corner of the right-of-way at the intersection at 23rd Avenue South and South 317th Street; thence east along the north margin of the right-of-way of South 317th Street to the northeast corner of the right-of-way at the intersection of South 317th Street and Gateway Center Boulevard; thence generally south along the east margin of the right-of-way of Gateway Center Boulevard to the southeast corner of the right-of-way at the intersection of Gateway Center Boulevard and South 320th Street; thence west along the south margin of the right-of-way of South 320th Street to the southeast corner of the right-of-way of the intersection at South 320th Street and 23rd Avenue South; thence south along the east margin of the right-of-way of 23rd Avenue South to the right-of-way of the curving intersection at 23rd Avenue South and South 324th Street; thence west along the south margin of the right-of-way of South 324th Street to the southwest corner of the right-of-way at the intersection at South 324th Street and Pacific Highway South; thence north along the west margin of the right-of-way of Pacific Highway South to the northwest corner of the right-of-way at the intersection of Pacific Highway South and South 316th Street, the true point of beginning.

(e) Class III bike route means a sidewalk designated by the public works director and published as such. (Ord. No. 91-91, § 3(A), (B), 4-2-91; Ord. No. 93-175, § 1, 5-18-93)

15-193 Riding on sidewalks – Elsewhere in city.

A person may ride a bicycle on any other sidewalk or any roadway unless restricted or prohibited by traffic control devices. (Ord. No. 91-91, § 3(C), 4-2-91)

15-194 Riding on sidewalks – Yield to pedestrians.

Whenever any person is riding a bicycle upon a sidewalk, where allowed, such person shall yield the right-of-way to any pedestrian. (Ord. No. 91-91, § 3(D), 4-2-91)

15-195 Use right half of roadway.

Any person operating a bicycle in the roadway where allowed shall ride as near to the righthand side of the roadway as practicable. (Ord. No. 91-91, § 3(E), 4-2-91)

15-196 Bicycle helmets.

(a) Purpose and policy.

(1) This chapter is enacted as an exercise of the authority of the city of Federal Way to protect and preserve the public health and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.

(2) It is the express purpose of this chapter to provide for and to promote the health and welfare of the general public, and not 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.

(3) It is the specific intent of this chapter to place the obligation of complying with its requirements upon any person falling within this scope, and no provision of, nor term used in, this chapter is intended to impose any duty whatsoever upon the city of Federal Way or any of its officers or employees, for whom the implementation or enforcement of this section shall be discretionary and not mandatory.

(b) Definitions. As used in this chapter, the following terms shall have the meanings indicated unless every context clearly requires otherwise:

(1) 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 one of which is more than 20 inches in diameter (RCW 46.04.071). Within this chapter, the term “bicycle” shall include any attached trailers, side cars, and/or other device being towed by a bicycle.

(2) Guardian means a parent, legal guardian, an 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 18 years.

(3) Public area means public roadways, bicycle paths, sidewalks, parks, or any right-of-way or publicly owned facility under the jurisdiction of the city of Federal Way.

(c) Bicycle helmet required.

(1) Any person bicycling or riding as a bicycle passenger on or in tow of a bicycle upon any public area in the city of Federal Way shall wear a bicycle helmet and shall have either the neck or chin strap of the helmet fastened securely while the bicycle is in motion.

(2) No person shall transport another person on or in tow of a bicycle upon any public area in the jurisdiction of the city of Federal Way, unless the passenger is wearing a helmet that meets the requirements of this chapter.

(3) A parent or guardian is responsible for requiring that a child under the age of 16 years wears a bicycle helmet while bicycling or riding as a passenger on a bicycle in any public area in the city of Federal Way, and has the neck or chin strap of the helmet fastened securely.

(d) Bicycle races and events – Helmet required.

(1) Any person managing a bicycle race, an organized event involving bicycling, or a bicycle tour in the public areas of the city of Federal Way shall require that all participants on or in tow of bicycles wear approved bicycle helmets.

(2) The person managing any such event shall include the bicycle helmet requirement in any promotional brochures and on registration materials.

(e) Bicycle races and events – Helmet required.

(1) Any person engaging in the business of renting or loaning (e.g., “a test drive”) any bicycle for use in any public place in the city of Federal Way shall supply the persons leasing or using bicycles with bicycle helmets, along with the bicycles, unless the bicycle riders and passengers possess bicycle helmets of their own for use with the bicycle.

(2) The rental papers (contract, agreement, or receipt) must advise the person renting the bicycle of the bicycle helmet requirements of this chapter.

(f) Penalties – Traffic infraction.

(1) Effective January 1, 2005, any person violating any of the provisions of this chapter shall have committed a traffic infraction and shall be liable for monetary penalties as set forth in FWCC 15-191.

(2) The court may waive, reduce, or suspend the penalty and clear the notice of violation as a warning for an individual who has not received a notice of violation of this chapter within one year, and provides proof that he or she has acquired a bicycle helmet at the time of appearance in court.

(3) Each rental and each event under subsection (e) of this section shall be a separate violation. (Ord. No. 04-476 § 1, 12-21-04)

15-197 – 15-199 Reserved.

Article VII.
COMMUTE TRIP REDUCTION (CTR) PLAN

Sections:

15-200 Definitions.

15-201 Commute trip reduction goals.

15-202 Designation of CTR zone and base year values.

15-203 City of Federal Way CTR Plan.

15-204 Responsible agency.

15-205 Applicability.

15-206 Requirements for employers.

15-207 Record keeping.

15-208 Schedule and process for CTR reports, program review and implementation.

15-209 Requests for exemption/modification of CTR requirements.

15-210 Credit for transportation demand management efforts.

15-211 Employer peer review group.

15-212 Appeals of administrative decisions.

15-213 Enforcement.

15-214 – 15-219 Reserved.

15-200 Definitions.

For the purpose of this article and unless the context clearly requires otherwise, the following terms have the following meanings:

(1) Affected employee means a full-time employee who is scheduled to begin his or her regular work day at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays per week for at least 12 continuous months. For the purposes of this article, shareholders, principles and associates in a corporation, partners (general or limited) in a partnership and participants in a joint venture are to be considered employees.

(2) Affected employer means a public or private employer that, for 12 continuous months, employs 100 or more full-time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays. The individual employees may vary during the year. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition.

(3) Alternative mode means any type of commute transportation other than that in which the

single-occupant motor vehicle is the dominant mode, including telecommuting and compressed work weeks if they result in reducing commute trips.

(4) Alternative work schedules means programs such as compressed work weeks that eliminate work trips for affected employees.

(5) Base year means the period from January 1, 1992, through December 31, 1992, on which goals for vehicle miles traveled (VMT) per employee and proportion of single-occupant vehicle (SOV) trips shall be based.

(6) City means the city of Federal Way.

(7) Commute trips means trips made from a worker’s home to a worksite with a regularly scheduled arrival time of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.

(8) CTR plan means the city of Federal Way’s plan as set forth in this article to regulate and administer the CTR programs of affected employers within its jurisdiction.

(9) CTR program means an employer’s strategies to reduce affected employees’ SOV use and VMT per employee.

(10) CTR zone means an area, such as a census tract or combination of census tracts, within the city of Federal Way characterized by similar employment density, population density, level of transit service, parking availability, access to high occupancy vehicle facilities, and other factors that are determined to affect the level of SOV commuting.

(11) Compressed work week means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and bi-weekly arrangements, the most typical being four 10-hour days or 80 hours in nine days, but may also include other arrangements. Compressed work weeks are understood to be an ongoing arrangement.

(12) Dominant mode means the mode of travel used for the greatest distance of a commute trip.

(13) Employee means anyone who receives financial or other remuneration in exchange for work provided to an employer, including owners or partners of the employer.

(14) Employer means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, whether public, nonprofit, or private, that employs workers.

(15) Flex-time is an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative modes.

(16) Full-time employee means a person other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks per year for an average of at least 35 hours per week.

(17) Good faith effort means that an employer has met the minimum requirements identified in RCW 70.94.531 and this ordinance and is working collaboratively with the city to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed upon length of time.

(18) Implementation means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.551 and this article as evidenced by appointment of a transportation coordinator, distribution of information to employees regarding alternatives to SOV commuting, and commencement of other measures according to their CTR program and schedule.

(19) Mode means the type of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, and walking.

(20) Peak period means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.

(21) Peak period trip means any employee trip that delivers the employee to begin his or her regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.

(22) Proportion of single-occupant vehicle trips or SOV rate means the number of commute trips over a set period made by affected employees in SOVs divided by the number of affected employees working during that period.

(23) Single-occupant vehicle (SOV) means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.

(24) Single-occupant vehicle (SOV) trips means trips made by affected employees in SOVs.

(25) Single worksite means a building or group of buildings on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way occupied by one or more affected employers.

(26) Telecommuting means the use of telephones, computers, or other similar technology to permit an employee to work from home, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half.

(27) Transportation demand management (TDM) means a broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system.

(28) Transportation Management Association (TMA) means a group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits, or may have a sphere of influence that extends beyond city limits.

(29) Vehicle miles traveled (VMT) per employee means the sum of the individual vehicle commute trip lengths in miles made by affected employees over a set period divided by the number of affected employees during that period.

(30) Waiver means an exemption from CTR program requirements granted to an employer by the city based on unique conditions that apply to the employer or employment site.

(31) Week means a seven-day calendar period, starting on Monday and continuing through Sunday.

(32) Weekday means any day of the week except Saturday or Sunday. (Ord. No. 93-164, § 1(18.30.000), 1-19-93; Ord. No. 98-313, § 1A., 4-21-98)

15-201 Commute trip reduction goals.

The commute trip reduction goals for affected employers are to achieve the following reductions in vehicle miles traveled per employee as well as in the proportion of single-occupant vehicles from the base year value for either the worksite or the zone in which the worksite is located:

(1) 15 percent by January 1, 1995.

(2) 20 percent by January 1, 1997.

(3) 25 percent by January 1, 1999.

(4) 35 percent by January 1, 2005. (Ord. No. 93-164, § 1(18.30.010), 1-19-93; Ord. No. 98-313, § 1B., 4-21-98)

15-202 Designation of CTR zone and base year values.

Employers in the city of Federal Way fall within the South King County CTR zone designated by the boundaries shown on the map filed with the city of Federal Way clerk’s office.

Affected employers may choose to do a baseline survey to determine site specific baseline values as opposed to using the values established by the designated CTR zone. Sites affected after January 1, 1998, wishing to use site specific baseline values shall complete a baseline survey within one year of notification.

The base year value of this zone for proportion of SOV trips shall be 85 percent. The base year value for vehicle miles traveled (VMT) per employee shall be set at 9.3 miles. Commute trip reduction goals for major employers shall be calculated from these values. Therefore, affected employers within the city shall establish programs designed to result in SOV rates of not more than 72 percent in 1995, 68 percent in 1997, and 64 percent in 1999, and 55 percent in 2005, and VMT per employee of not more than 7.9 miles in 1995, 7.4 miles in 1997, and 7.0 miles in 1999, and 6.0 miles in 2005. (Ord. No. 93-164, § 1(18.30.020), 1-19-93; Ord. No. 98-313, § 1C., 4-21-98)

15-203 City of Federal Way CTR Plan.

The city’s 1992 CTR plan is on file with the Federal Way city clerk’s office and is wholly incorporated herein by reference. This plan may be amended by further action of the Federal Way city council. (Ord. No. 93-164, § 1(18.30.030), 1-19-93)

15-204 Responsible agency.

The city’s public works department shall be responsible for implementing this article, the CTR plan, and the city’s CTR program for its own employees. The public works director shall have the authority to issue such rules and administrative procedures as are necessary to implement this article. (Ord. No. 93-164, § 1(18.30.040), 1-19-93)

15-205 Applicability.

(a) The provisions of this article shall apply to any affected employer at any single worksite within the corporate limits of the city. Employees will only be counted at their primary worksite. The following classifications of employees are excluded from the counts of employees:

(1) Seasonal agricultural employees, including seasonal employees of processors of agricultural products; and

(2) Employees of construction worksites when the expected duration of the construction is less than two years.

(b) Notification of applicability.

(1) Known affected employers located within the city will receive formal written notification by certified mail that they are subject to this article within 30 days after passage of this article.

(2) Affected employers that, for whatever reason, do not receive notice within 30 days of passage of this article must identify themselves to the city within 180 days of the passage of the article. Once they identify themselves, such employers will be granted 180 days within which to develop and submit a CTR program.

(3) Affected employers that have not identified or do not identify themselves within 180 days of the passage of this article and do not submit a CTR program within 180 days from the passage of this article are in violation of this article.

(4) Any existing employer of 75 or more persons who obtains a business license in the city, subsequent to the passage of this article, will be required to complete an employer assessment form to determine whether or not an employer will be deemed affected or non-affected in accordance with the provisions of this article.

(c) New affected employers. Affected employers must identify themselves to the city within 180 days of either moving into the city boundaries or growing in employment at a worksite to 100 or more affected employees. Once they identify themselves, such employers shall be granted 180 days to develop and submit a CTR program. Employers that do not identify themselves within 180 days are in violation of this article. Newly affected employers shall have two years to meet the first CTR goal of a 15 percent reduction in proportion of single occupancy vehicle trips or vehicles miles traveled per person; four years to meet the second goal of a 20 percent reduction; six years to meet the third goal of a 25 percent reduction; and 12 years to meet the fourth goal of a 35 percent reduction from the time they begin their program.

(d) Change in status as an affected employer. Any of the following changes in an employer’s status will change the employer’s CTR program requirements:

(1) If an affected employer can document that it faces an extraordinary circumstance that will change its status as an affected employer, it can apply for an exemption pursuant to FWCC 15-209(a).

(2) If an employer initially designated as an affected employer no longer employs 100 or more affected employees and has not employed 100 or more affected employees for the past 12 months, that employer is no longer an affected employer. It is the responsibility of the employer to provide documentation to the city that it is no longer an affected employer.

(3) If the same employer returns to the level of 100 or more affected employees within the same 12 months, that employer shall be considered an affected employer for the entire 12 months and will be subject to the same program requirements as other new affected employers.

(4) If the same employer returns to the level of 100 or more affected employees 12 or more months after its change in status to an “unaffected” employer, that employer shall be treated as a new affected employer and will be subject to the same program requirements as other new affected employers. (Ord. No. 93-164, § 1(18.30.050), 1-19-93; Ord. No. 98-313, § 1D., 4-21-98)

15-206 Requirements for employers.

An affected employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and this article, to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and SOV commute trips. The CTR program must include the mandatory elements described below, including submittal of a CTR program description and annual progress report. Transportation management associations may submit CTR program descriptions and annual reports on behalf of employers; however, each employer shall remain accountable for the success of its program.

(1) Description of employer’s CTR program. Each affected employer is required to submit a description of its CTR program to the city on the official form available from the public works department. The CTR program description presents the strategies to be undertaken by an employer to achieve the commute trip reduction goals for each goal year. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees’ commuting needs. Employers are further encouraged to cooperate with each other and to form or use transportation management organizations in developing and implementing CTR programs. At a minimum, the employer’s description must include:

a. General description of each employment site location within the city limits, including transportation characteristics, surrounding services, and unique conditions experienced by the employer or its employees.

b. Number of employees affected by the CTR program.

c. Documentation of compliance with the mandatory CTR program elements, as described in subsection (2) of this section.

d. Description of the additional elements included in the CTR program.

e. Schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources to carry out the CTR program.

(2) Mandatory program elements. Each employer’s CTR program shall include the following mandatory elements:

a. Transportation coordinator. The employer shall designate a transportation coordinator to administer the CTR program. The coordinator’s and/or designee’s name, location, and telephone number must be displayed prominently at each affected worksite. The coordinator shall oversee all elements of the employer’s CTR program and act as liaison between the employer and the city. An affected employer with multiple sites may have one transportation coordinator for all sites.

b. Information distribution. Information about alternatives to SOV commuting shall be provided to employees at least once a year. This shall consist of, at a minimum, a summary of the employer’s program, including the transportation coordinator’s name and phone number. Employers must also provide a summary of their program to all new employees at the time of hire. Each employer’s program description and annual report must describe what information is to be distributed by the employer and the method of distribution.

c. Annual progress report. The CTR program must include an annual review of employee commuting and progress and good faith efforts toward meeting the SOV reduction goals. Affected employers shall file a progress report annually with the city. The employer should contact the city’s public works department for the format of the report. Survey information or approved alternative information approved by the public works director shall be required in the report submitted in the second, fourth, sixth, eighth, tenth and twelfth years after program implementation begins.

d. Additional program elements. In addition to the specific program elements described above, the employer’s CTR program shall include a set of measures designed to meet CTR goals, as described in the city’s administrative procedures. (Ord. No. 93-164, § 1(18.30.060), 1-19-93; Ord. No. 98-313, § 1E., 4-21-98)

15-207 Record keeping.

Affected employers shall maintain all records required by the public works director for the duration of this article.

15-208 Schedule and process for CTR reports, program review and implementation.

(a) CTR program. Not more than 180 days after the adoption of this article, or within 180 days after an employer becomes subject to the provisions of this article, the employer shall develop a CTR program and shall submit to the city a description of that program for review.

(b) CTR annual reporting date. Employers will be required to submit an annual CTR report to the city beginning with the first annual reporting date assigned during the initial program submittal. The annual reporting date shall be no less than 12 months from the day the initial program description is submitted. Subsequent years’ reports will be due on the same date each year.

(c) Content of annual report. The annual progress report shall describe each of the CTR measures that were in effect for the previous year, the results of any commuter surveys undertaken during the year, and the number of employees participating in CTR programs. Survey information or alternative information approved by the public works director must be provided in the reports submitted in the second, fourth, sixth, eighth, tenth, and twelfth years after program implementation begins.

(d) Program review. The city shall provide the employer with written notification indicating whether a CTR program was approved or deemed unacceptable.

(1) Initial program descriptions will be deemed acceptable if:

a. All required information on the program description form is provided; and

b. The program description includes the following information:

1. Name, location and telephone number of the employee transportation coordinator for each worksite.

2. Plan for and documentation of regular distribution of information to employees about the employer’s CTR program at the worksite, including alternatives to driving alone to work.

3. Plan for and implementation of at least one additional measure designed to achieve the applicable goal.

(2) Annual reports will be deemed acceptable if the annual report form is complete and contains information about implementation of the prior year’s program elements and proposed new program elements and implementation schedule. Annual reports must also contain a review of employee commuting and report of progress toward meeting SOV goals.

(3) Beginning in 1995, the programs described in an affected employer’s annual reports will be deemed acceptable based on the criteria contained in FWCC 15-213 of this article. If neither goal has been met, the employer must propose modifications designed to make progress toward the applicable goal in the coming year. If the revised program is not approved, the city shall propose modifications to the program and direct the employer to revise its program within 30 days to incorporate those modifications or modifications which the jurisdiction determines to be equivalent.

(e) Implementation of employer’s CTR program. The employer shall implement the approved CTR program not more than 180 days after the program was first submitted to the city unless extensions allow for late implementation. Implementation of programs that have been modified based on non-attainment of CTR goals must occur within 30 days following city approval of such modifications. (Ord. No. 93-164, § 1(18.30.080), 1-19-93; Ord. No. 98-313, § 1F., 4-21-98)

15-209 Requests for exemption/modification of CTR requirements.

(a) Worksite exemptions. An affected employer may submit a written request to the city to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of the ordinance as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted by the city if and only if the affected employer demonstrates that it faces an extraordinary circumstance such as bankruptcy, and is unable to implement measures that could reduce the proportion of SOV trips and VMT per employee. Exemptions may be granted by the city at any time based on written notice provided by the affected employer. Requests must be made in writing by certified mail or delivery, return receipt. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. The city shall review annually all employers receiving exemptions and shall determine whether the exemptions will be in effect during the following program year.

(b) Employee exemptions. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The city will use the criteria identified in the CTR task force guidelines to assess the validity of employee exemption requests. The city shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year.

(c) Modification of CTR program goals. Any affected employer may request that the city modify its CTR program goals. Such requests shall be filed in writing at least 60 days prior to the date the worksite is required to submit its program description or annual report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. The city will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR task force guidelines. An employer may not request a modification of the applicable goals until one year after city approval of its initial program description or annual report.

(d) Written request for modification. All requests for modification of CTR program goals must be made in writing to the city by certified mail or delivery, return receipt.

(e) Extensions. An employer may request additional time to submit a CTR program or CTR annual progress report, or to implement or modify a program. Such requests shall be made in writing before the due date for which the extension is being requested. Requests for extensions must be made prior to the due date anytime a program submission is going to be more than one week late. Extensions not to exceed 90 days shall be considered for reasonable causes. Employers will be limited to a total of 90 allowed extension days per year. Extensions shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer’s annual reporting date shall not be adjusted permanently as a result of these extensions. An employer’s annual reporting date may be extended at the discretion of the public works director. (Ord. No. 93-164, § 1(18.30.090), 1-19-93; Ord. No. 98-313, § 1G., 4-21-98)

15-210 Credit for transportation demand management efforts.

(a) Credit for programs implemented prior to the base year. Employers with successful transportation demand management (TDM) programs implemented prior to the 1992 base year may apply to the city for program credit.

(1) Employers whose VMT per employee and proportion of SOV trips are already equal to or less than the goals for one or more future goal years, and who commit in writing to continue their current level of effort, shall be exempt from the following year’s annual report.

(2) Employers shall be considered to have met the first measurement CTR goals if their VMT per employee and proportion of SOV trips are equivalent to a 12 percent or greater reduction from the base year zone values. This three percentage point credit applies only to the first measurement CTR goals.

For the initial year, employer requests for program credit are due within three months after notification that the employer is subject to this article. Requests for program credit must be received by the employer’s assigned reporting dates in 1999 and 2005 for succeeding years.

Application for a program credit shall include an initial program description, written commitment on an official report form to maintain program elements, and results from a survey of employees, or equivalent information that establishes the applicant’s VMT per employee and proportion of SOV trips. The survey or equivalent information shall conform to all applicable standards established in the CTR task force guidelines.

(b) Credit for alternative work schedules, telecommuting, bicycling and walking, by affected employees.

(1) The city will count commute trips eliminated through alternative work schedules, telecommuting options, bicycling and walking as 1.2 vehicle trips eliminated. This assumption applies to both the proportion of SOV trips and VMT per employee.

(2) This type of credit is applied when calculating the SOV and VMT rates of affected employers. (Ord. No. 93-164, § 1(18.30.100), 1-19-93; Ord. No. 98-313, § 1H., 4-21-98)

15-211 Employer peer review group.

(a) Appointment of members. The city may appoint member(s) from affected employers to regional or subregional employer peer review groups created through interlocal agreement with other jurisdictions. The specific functions of the peer group review shall be determined by the interlocal agreement.

(b) Limitations of peer review group. Any peer review group shall be advisory in nature. The city shall not be bound by any comments or recommendations of any peer review group. (Ord. No. 93-164, § (18.30.110), 1-19-93)

15-212 Appeals of administrative decisions.

(a) Appeal of final decisions. Employers may file a written appeal of the city’s final decisions regarding the following actions:

(1) Rejection of an employer’s proposed program.

(2) Denial of an employer’s request for an exemption or modification of any of the requirements under this article or a modification of the employer’s program.

(3) Denial of credits requested under FWCC 15-210.

Such appeals must be filed with the city within 20 days after the employer receives notice of a final decision. All appeals will be filed and heard by the city’s hearing examiner and decided pursuant to the provisions of Chapter 22 FWCC, Zoning, Article VI, Process I. The hearing examiner shall determine whether or not the appealed decision was consistent with RCW 70.94. (Ord. No. 93-164, § 1(18.30.120), 1-19-93)

15-213 Enforcement.

(a) Compliance. For purposes of this section, compliance shall mean submitting required reports and documentation at prescribed times and fully implementing in good faith all provisions in an accepted CTR program.

(b) Program modification criteria. The following criteria for achieving goals for VMT per employee and proportion of SOV trips shall be applied in determining requirements for employer CTR program modifications:

(1) If an employee makes a good faith effort, as defined in RCW 70.94.534(2) and this article, and meets either or both the applicable SOV or VMT goal, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR program.

(2) If an employee makes a good faith effort, as defined in RCW 70.94.534(2) and this article, but has not met or is not likely to meet the applicable SOV or VMT goal, the city shall work collaboratively with the employer to make modifications to its CTR program. After agreeing on modification, the employer shall submit a revised CTR program description to the city for approval within 30 days of reaching an agreement.

(3) If an employer fails to make a good faith effort, as defined in RCW 70.94.534(2) and this article, and fails to meet either the applicable SOV or VMT reduction goal, the city shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within 30 days to incorporate the modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures, within 30 days of receiving written notice to revise its program. The city shall review the revisions and notify the employer of acceptance or rejection or the revised program. If a revised program is not accepted, the city will send written notice to that effect to the employer within 30 days and if, necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the city within 10 working days of the conference.

(c) Violations. The following actions shall constitute a violation of this article:

(1) Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed VMT and SOV goals as specified in this article. Failure to implement a CTR program includes but is not limited to:

a. Failure of any affected employer to submit a complete CTR program within the deadlines specified in FWCC 15-208.

b. Failure to submit required documentation for annual reports.

c. Submission of fraudulent data.

(2) Failure to modify a CTR program found to be unacceptable by the city under FWCC 15-208(d).

(3) Failure to make a good faith effort, as defined in RCW 70.94.534(4) and this article.

(d) Penalties. No affected employer with an approved CTR program which has made good faith effort may be held liable for failure to reach the applicable SOV and VMT goal. Each day of failure by an employer to (a) implement a commute trip reduction program or (b) modify an unacceptable commute trip reduction program shall constitute a separate violation and shall be considered a Class 1 civil infraction pursuant to RCW 7.80.120. The penalty for a violation shall be $250.00 per day. An employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they:

(1) Propose to a recognized union any provision of the employer’s CTR program that is subject to bargaining as defined by the National Labor Relations Act; and

(2) Advise the union of the existence of the statute and the mandates of the CTR program approved by the city and advise the union that the proposal being made is necessary for compliance with RCW 70.94.531. (Ord. No. 93-164, § 1(18.30.130), 1-19-93; Ord. No. 98-313, § 1I., 4-21-98)

15-214 – 15-219 Reserved.

Article VIII.
IMPOUNDMENT OF VEHICLES DRIVEN BY SUSPENDED/REVOKED DRIVERS

Sections:

15-220 Definitions.

15-221 Impoundment.

15-222 Period of impoundment.

15-223 Notice of impoundment.

15-224 Redemption of impounded vehicles.

15-225 Hearing requests.

15-226 Post-impoundment hearing procedure.

15-227 Administrative fee.

15-228 Registered tow truck operators – Contracts, requirements.

15-220 Definitions.

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Authorization means a notarized statement from a person with legal authority giving another person legal authority to act on his or her behalf.

Costs of impoundment means the costs of removal, towing and storage incurred by a registered tow truck operator in impounding a vehicle as provided for herein.

Court means the Federal Way municipal court.

Department means the Federal Way department of public safety.

Director means the director of the Federal Way department of public safety.

DWLS 1 means RCW 46.20.342(1)(a) or as hereafter amended.

DWLS 2 means RCW 46.20.342(1)(b) or as hereafter amended.

DWLS 3 means RCW 46.20.342(1)(c) or as hereafter amended.

Local ordinance means any ordinance or statute enacted by any town, city, municipality or county regardless of what state the ordinance or statute is enacted in.

NVOL/No valid operator’s license means RCW 46.20.005 or as hereafter amended.

Penalties, fines, and forfeitures mean monetary obligations in addition to costs of removal, towing and storage of the vehicle. (RCW 46.55.110).

Registered tow truck operator means the towing company awarded the contract for performance of impounds pursuant to FWCC 15-228(a), if the city manager exercises his or her option to seek bidders for an exclusive towing contract, or any towing company which the director requests pursuant to FWCC 15-228(b) to tow and impound vehicles. Registered tow truck operators shall hold a valid city of Federal Way business license and be registered with the state of Washington pursuant to Chapter 46.55 RCW. (Ord. No. 01-393, § 1, 6-19-01)

15-221 Impoundment.

Whenever the driver of a vehicle is arrested for violation of DWLS 1, DWLS 2, or DWLS 3, NVOL, or for violation of RCW 46.20.345, the vehicle is subject to impoundment at the discretion of an officer of the department of public safety, by an authorized agent of the department, or by a registered tow truck operator acting at the request of an officer or authorized agent of the department. For purposes of this subsection, “arrested” includes, but is not limited to, being temporarily detained and served with a citation and notice to appear pursuant RCW 46.64.015, as now or hereafter amended. (Ord. No. 01-393, § 1, 6-19-01)

15-222 Period of impoundment.

(a) If a vehicle is impounded because the driver is arrested for a violation of DWLS 3, NVOL, or RCW 46.20.345 and the Washington Department of Licensing’s records show that the driver has been convicted of a violation of DWLS 1, DWLS 2, DWLS 3, NVOL, RCW 46.20.342 or similar local ordinance one time or less within the last five years, there shall be no mandatory period of impoundment and the vehicle may be redeemed subject to the provisions of FWCC 15-224.

(b) If a vehicle is impounded because the driver is arrested for a violation of DWLS 3, NVOL, or RCW 46.20.345 and the Washington Department of Licensing’s records show that the driver has been convicted two or more times of a violation of DWLS 1, DWLS 2, DWLS 3, NVOL, RCW 46.20.345 or similar local ordinance within the last five years, the vehicle shall be impounded for 30 days subject to the provisions of FWCC 15-224.

(c) If a vehicle is impounded because the driver is arrested for a violation of DWLS 1 or DWLS 2 and the Washington Department of Licensing’s records show that the driver has not been convicted of a violation of DWLS 1 or DWLS 2 or similar local ordinance within the last five years, the vehicle shall be impounded for 30 days, subject to the provisions of FWCC 15-224.

(d) If a vehicle is impounded because the driver is arrested for a violation of DWLS 1 or DWLS 2 and the Washington Department of Licensing’s records show that the driver has been convicted one time of a violation of DWLS 1 or DWLS 2 or similar local ordinance within the last five years, the vehicle shall be impounded for 60 days, subject to the provisions of FWCC 15-224.

(e) If a vehicle is impounded because the driver is arrested for a violation of DWLS 1 or DWLS 2 and the Washington Department of Licensing’s records show that the driver has been convicted two or more times of a violation of DWLS 1 or DWLS 2 or similar local ordinance within the last five years, the vehicle shall be impounded for 90 days, subject to the provisions of FWCC 15-224.

(f) Notwithstanding the provisions of subsections (a) through (e) of this section, a rental car business may immediately redeem a rented vehicle it owns by payment of the administrative fee and costs of impoundment, whereupon the vehicle will not be held for the mandatory period of impoundment. The officer or authorized agent of the department who directs the impound shall notify the rental car business as soon as practicable of the impound. (Ord. No. 01-393, § 1, 6-19-01)

15-223 Notice of impoundment.

(a) The person impounding the vehicle shall provide the driver of the impounded vehicle with a notice including the following:

(1) The name of the impounding registered tow truck operator, its address, and telephone number;

(2) The location and time of the impound, and by whose authority (including the name of the officer or authorized agent of the department) the vehicle was impounded;

(3) Notice that there may be a mandatory period of impoundment under FWCC 15-222 as determined by the municipal court; and

(4) A form, approved by the city, which describes the right to and process for vehicle redemption requirements as set forth in FWCC 15-224, and which describes the process of FWCC 15-225 for contesting an impound or the costs of impoundment.

(b) Not more than 24 hours after impoundment of any vehicle, the registered tow truck operator shall mail a copy of the notice described in subsection (a) of this section by first class mail to the last known address of the legal and registered owner(s) of the vehicle, as may be disclosed by the vehicle identification number and/or as provided by the Washington State Department of Licensing. If the vehicle is redeemed prior to the mailing of this notice, the notice need not be mailed. A proof of mailing form shall be completed by the registered tow truck operator and filed with the municipal court.

If the registered tow truck operator wishes to request that the person seeking redemption of the vehicle pay a security deposit, the notice shall also state that the person who desires to redeem an impounded vehicle at the end of the mandatory period must within five days of the impound pay a security deposit to the registered tow truck operator of not more than one-half of the applicable impound storage rate for each day of the proposed period of impoundment, as set forth in FWCC 15-222, to ensure payment of the costs of impoundment. The notice shall state that if the security deposit is not posted within five days of the impound, the vehicle will be processed and sold at auction as an abandoned vehicle pursuant to RCW 46.55.130.

(c) The registered tow truck operator or the department of public safety, as applicable, shall provide notice as described in subsection (a) of this section by first class mail to each person who contacts the department or the registered tow truck operator seeking to redeem an impounded vehicle, except that if a vehicle is redeemed prior to the mailing of notice, then notice need not be mailed. The registered tow truck operator shall maintain a record evidenced by the redeeming person’s signature that notice was provided directly to the person redeeming the vehicle. A proof of mailing form shall be completed by the registered tow truck operator and filed with the municipal court.

(d) If the date on which a notice required by subsection (b) of this section is to be mailed falls upon a Saturday, Sunday, or postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday. (Ord. No. 01-393, § 1, 6-19-01; Ord. No. 03-456, § 1, 12-2-03)

15-224 Redemption of impounded vehicles.

Vehicles impounded by the city in accordance with this chapter, as now or hereafter amended, shall be redeemed only under the following circumstances:

(1) Only the registered owner, a person with authorization from the registered owner, or one who has purchased the vehicle from the registered owner and who produces proof of ownership or authorization from the registered owner and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to this chapter must, prior to redemption, establish that he or she has a valid driver’s license and is in compliance with RCW 46.30.020 and pay a $100.00 administrative fee to the municipal court, and obtain a receipt for release from the municipal court. If the vehicle was impounded pursuant to FWCC 15-221 and was being operated by the registered owner when it was impounded, the municipal court shall not issue a receipt for release until all penalties, fines, or forfeitures owed by the registered owner have been satisfied, or a time payment agreement (in a form approved by the municipal court) has been entered into providing for the satisfaction of all said penalties, fines or forfeitures. A vehicle impounded pursuant to this chapter for DWLS 1 or 2 can only be released pursuant to a written order from the court. A vehicle impounded pursuant to this chapter for DWLS 3 or NVOL may be released pursuant to the municipal court receipt.

(2) Any person so redeeming a vehicle impounded by the city shall pay the towing contractor for the costs of impoundment prior to redeeming such vehicle. Such towing contractor shall accept payment as provided in RCW 46.55.120(1)(b), as now or hereafter amended.

(3) The municipal court is authorized to release a vehicle impounded pursuant to FWCC 15-221 prior to the expiration of any period of impoundment upon petition of the spouse of the driver, or the registered owner, provided the owner was not the driver, based on economic or personal hardship to such spouse, or registered owner resulting from the unavailability of the vehicle and after consideration of the threat to public safety that may result from release of the vehicle, including, but not limited to, the driver’s criminal history, driving record, license status and access to the vehicle. The court is also authorized to release the vehicle upon petition of the driver where the driver has obtained a valid driver’s license and the driver was the registered owner or has the permission of the registered owner to redeem the vehicle. An individual may have only one such hardship petition granted. If such release is authorized, the person redeeming the vehicle must still satisfy the requirements of subsections (1) and (2) of this section. (Ord. No. 01-393, § 1, 6-19-01; Ord. No. 03-456, § 2, 12-2-03)

15-225 Hearing requests.

Any person seeking to redeem a vehicle impounded as a result of a parking citation, traffic citation, or pursuant to FWCC 15-221 has a right to a hearing before a municipal court commissioner to contest the validity of an impoundment or the amount of removal, towing, and storage charges and any administrative fee if such request is made in writing, in a form approved by the city manager and signed by such person, and received by the municipal court within 10 days (including Saturdays, Sundays, and holidays) of the date the notice was given to such person by the person impounding the vehicle or if the person seeking to contest the impound validity was not the driver, within 10 days (including Saturdays, Sundays and holidays) of the date the notice was mailed by the registered tow truck operator pursuant to RCW 46.55.120(2)(a). Such hearing shall be provided as follows:

(1) If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under FWCC 15-221, have been satisfied, then the impounded vehicle shall be released immediately, and a hearing as provided for in FWCC 15-223 shall be held within 90 days of the written request for hearing. Any delay attributable to the person requesting the hearing, including but not limited to continuances of the hearing date, shall be excluded from the 90-day period.

(2) If not all the requirements to redeem the vehicle, including expiration of any period of impoundment under FWCC 15-221, have been satisfied, then the impounded vehicle shall not be released until after the hearing provided pursuant to FWCC 15-223, which shall be held within two business days (excluding Saturdays, Sundays and holidays) of the written request to the municipal court for the hearing unless good cause as to the reason(s) for any delay is shown. Any delay attributable to the person requesting the hearing, including but not limited to continuances of the hearing date, shall be excluded from the two-day period.

(3) Any person seeking a hearing who has failed to request such hearing within the time specified in FWCC 15-223 may petition the municipal court commissioner for an extension of time to file such a request for hearing. Such extension shall only be granted upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed. For the purposes of this section, “good cause” shall be defined as circumstances beyond the control of the person seeking the hearing. In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with this chapter.

(4) If a person fails to file a timely request for hearing and no extension to file such a request has been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment and administrative fees are deemed to be proper, and the city shall not be liable for removal, towing, and storage charges arising from the impoundment.

(5) In accordance with RCW 46.55.240(1)(d), a decision made by a municipal court commissioner may be appealed to the municipal court judge for final judgment. The hearing on the appeal under this subsection shall be de novo. A person appealing such a decision must file a request for an appeal within 15 days after the date of the decision of the municipal court commissioner and must pay a filing fee in the same amount required for the filing of a suit in district court. If a person fails to file a request for an appeal within the time specified by this section or does not pay the filing fee, the right to appeal is waived and the municipal court commissioner’s decision is final. (Ord. No. 01-393, § 1, 6-19-01)

15-226 Post-impoundment hearing procedure.

Hearings requested pursuant to FWCC 15-225 shall be held by a municipal court commissioner, who shall determine whether the impoundment was proper and whether the associated removal, towing, storage, and administrative fees were proper.

(1) At the hearing, an abstract of the driver’s driving record is admissible without further evidentia