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Title 10
VEHICLES AND TRAFFIC*Chapters:
10.05 Model Traffic Ordinance
10.10 Speed Limits
10.15 Traffic Engineer
10.20 Traffic Violations Bureau
10.25 Avoiding Intersections
10.30 Truck Routes
10.35 Impoundment of Vehicles Upon City Property
10.40 Motorized Foot Scooters
* One copy of each statute or portion of statute adopted by reference by this title shall be authenticated and recorded by the city clerk together with the ordinances codified in this title. Not less than one copy of each statute or portion of statute shall be available in the office of the city clerk for use and examination by the public.
Chapter 10.05
MODEL TRAFFIC ORDINANCESections:
10.05.010 Traffic infractions adopted by reference.
10.05.020 Additional statutes adopted by reference.
10.05.030 Enforcement.
10.05.040 Penalty for delinquent parking citations.
10.05.010 Traffic infractions adopted by reference.
The following sections of the state of Washington’s Model Traffic Ordinance promulgated in Chapter 308-330 WAC, including all future amendments thereto, are adopted by reference: 010, 100, 133, 136, 139, 151, 154, 157, 160, 163, 169, 175, 190, 195, 197, 200, 205, 220, 300, 305, 307, 310, 312, 314, 316, 320, 322, 325, 400, 403, 408, 409, 412, 415, 421, 425, 430, 433, 436, 439, 442, 445, 448, 451, 454, 457, 460, 462, 464, 466, 469, 472, 475, 478, 481, 545, 550, 555, 560, 700, 710, 720, 730, 740, 800, 810, 815, 820, and 825. (Ord. 71 § 1, 1995; Ord. 58 § 1, 1994).
10.05.020 Additional statutes adopted by reference.
The following statutes, as presently existing and as amended in the future, are adopted by reference:
RCW
46.20.309 Driver under 21 – Alcohol in system – Implied consent – Penalties.
46.61.5051 Alcohol violator with regular license – Penalties.
46.61.5052 Alcohol violator with probationary license – Penalties.
46.61.5053 Alcohol violator with suspended or revoked license – Penalties.
46.61.5054 Alcohol violators – Additional fee – Distribution.
46.61.5057 Driver under 21 – Duties upon being stopped by law enforcement officer.
Chapter 275, Section 12, Laws of 1994.
(Ord. 71 § 2, 1995; Ord. 58 § 2, 1994).
10.05.030 Enforcement.
Officers of the police department, or such officers as are authorized to provide police services to the city, shall enforce the provisions of this chapter. (Ord. 58 § 6, 1994).
10.05.040 Penalty for delinquent parking citations.
Failure to comply with any parking requirement or restriction adopted pursuant to this chapter or as otherwise provided for in this title shall constitute a parking infraction and shall be cited under the applicable provisions of this chapter or title. Any person who is issued a parking citation shall respond to such citation within 15 days of the issuance of such citation and in accordance with the instructions contained on such citation. Failure to respond to a parking citation within 15 days of the issuance date of the citation shall result in an additional monetary penalty of $25.00 for each parking infraction cited on the citation. (Ord. 2005-306 § 1).
Chapter 10.10
SPEED LIMITSSections:
10.10.010 Speed limits.
10.10.020 Enforcement.
10.10.010 Speed limits.
WAC 308-330-423 is adopted to establish rules governing vehicle speed within the city; provided, that the speed limit for all streets within the city shall be 25 miles per hour, except as designated below:
A. Twenty Miles Per Hour.
1. 135th Avenue SE from Coal Creek Parkway SE to 136th Avenue SE.
2. 136th Avenue SE from 135th Avenue SE to SE 79th Place.
B. Thirty Miles Per Hour.
1. Newcastle Way from Newcastle Golf Club Road to 112th Avenue SE;
2. 112th Avenue SE from Newcastle Way to Lake Washington Boulevard;
3. Lake Washington Boulevard within the city limits;
4. 116th Avenue SE within the city limits;
5. SE 88th Place from 116th to 124th;
6. 124th from 88th to 89th;
7. 89th from 124th to Coal Creek Parkway;
8. 114th Avenue SE from 116th Avenue SE to western city limits; and
9. Newcastle Golf Club Road from 136th Ave SE to Coal Creek Parkway.
C. Thirty-Five Miles Per Hour.
1. Coal Creek Parkway from the southerly city limits to the northerly city limits; and
2. Newcastle Golf Club Road from 1,550 feet east of 136th Avenue SE to 136th Avenue SE.
D. Forty Miles Per Hour.
1. Newcastle Golf Club Road from 1,550 feet east of 136th Avenue SE to the city limits.
E. Penalty. A violation of the established speed limits shall be an infraction and punished in accordance with WAC 308-330-710. (Ord. 2004-295 § 1; Ord. 2004-284 § 1; Ord. 2003-275 § 1; Ord. 87 § 1, 1995; Ord. 58 § 3, 1994).
10.10.020 Enforcement.
Officers of the police department, or such officers as are authorized to provide police services to the city, shall enforce the provisions of this chapter. (Ord. 58 § 6, 1994).
Chapter 10.15
TRAFFIC ENGINEERSections:
10.15.010 Authority.
10.15.020 Street closure – Public safety.
10.15.030 Street closure – Events.
10.15.040 Enforcement.
10.15.010 Authority.
The city shall contract with a qualified engineer to serve as traffic engineer. The traffic engineer shall have the authority granted by WAC 308-330-265 and 308-330-270, including any amendments thereto. (Ord. 58 § 4, 1994).
10.15.020 Street closure – Public safety.
The city manager upon the advice of the traffic engineer may close any city street to traffic to protect the public safety. (Ord. 58 § 4, 1994).
10.15.030 Street closure – Events.
The city manager, upon the advice of the city police chief, or such officer authorized to act in that capacity, may close any city street to traffic for purposes of public events or privately sponsored events such as, but not limited to, street fairs. (Ord. 58 § 4, 1994).
10.15.040 Enforcement.
Officers of the police department, or such officers as are authorized to provide police services to the city, shall enforce the provisions of this chapter. (Ord. 58 § 6, 1994).
Chapter 10.20
TRAFFIC VIOLATIONS BUREAUSections:
10.20.010 Established.
10.20.020 Enforcement.
10.20.010 Established.
A. A violations bureau is established in accordance with RCW 3.30.090 and with all authority granted therein to assist in processing traffic cases and such other specific offenses under city ordinances as may be designated by written order of the King County district court. The city may contract with the King County district court to provide the services of the violations bureau.
B. All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of this chapter shall be paid into the general fund of the city.
C. Failure, refusal, or neglect on the part of any judicial or other officer or employee receiving or having custody of any fine or forfeiture of bail, either before or after a deposit in the general fund, to comply with the provisions of subsection (B) of this section, shall constitute misconduct in office, and shall be grounds for removal therefrom in accordance with state law. (Ord. 58 § 5, 1994).
10.20.020 Enforcement.
Officers of the police department, or such officers as are authorized to provide police services to the city, shall enforce the provisions of this chapter. (Ord. 58 § 6, 1994).
Chapter 10.25
AVOIDING INTERSECTIONSSections:
10.25.010 Applicability.
10.25.020 Definitions.
10.25.030 Avoidance of an intersection.
10.25.040 Penalty.
10.25.010 Applicability.
This chapter shall apply to all motor vehicles within the city which enter or exit from a city street onto a private road or driveway. Nothing in this chapter shall be construed to prohibit:
A. Avoiding an intersection at the direction of a police officer, firefighter, or other competent official as designated by the city manager.
B. Avoiding an intersection by a public or private official under the provisions of RCW 46.61.035. (Ord. 99-195 § 1).
10.25.020 Definitions.
A. “City street,” as defined by RCW 46.04.120, means every public highway, street or right-of-way, or part thereof located within the limits of the city, except alleys.
B. “Private road or driveway” includes every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons.
C. “Public or private official” means any person who shall drive an emergency vehicle as authorized by RCW 46.61.035 in the execution and dispatch of their official duties. (Ord. 99-195 § 1).
10.25.030 Avoidance of an intersection.
It is unlawful for any person operating a motor vehicle upon a city street in the city to turn such vehicle either to the right or to the left upon approaching or leaving an intersection and to proceed across any private road or driveway for the purpose of avoiding the intersection or any traffic control device controlling the intersection, unless so directed by proper authorities. (Ord. 99-195 § 1).
10.25.040 Penalty.
Any violation of this chapter shall be considered an infraction. Any person found to have committed the infraction of avoiding an intersection shall be fined in accordance with the most recent bail schedule which has been adopted by the Renton Division of the King County district court. (Ord. 99-195 § 1).
Chapter 10.30
TRUCK ROUTESSections:
10.30.010 Definitions.
10.30.020 Designated truck routes.
10.30.030 Penalty.
10.30.010 Definitions.
A. “Truck” means motor truck as defined in RCW 46.04.310.
B. “Trailer” means that term as defined in RCW 46.04.620.
C. “Semitrailer” means that term as defined in RCW 46.04.530. (Ord. 2005-324 § 1; Ord. 99-188 § 1).
10.30.020 Designated truck routes.
A. Trucks over 26,000 pounds gross vehicle weight rating (GVWR) are restricted to operating over one of the following designated truck routes when traveling within the city:
1. Coal Creek Parkway;
2. Newcastle Golf Club Road; or
3. Newcastle Way between Coal Creek Parkway and Newcastle Golf Club Road.
B. Trucks which need to make deliveries or pickups off the designated truck routes shall take the most direct arterial route to or from one of the designated truck routes when making their deliveries or pickups. Trucks may use nondesignated routes for access to and from their place of business.
C. This section shall not apply to buses operated by any school or charitable institution, public transit, garbage trucks, city maintenance vehicles and emergency vehicles.
D. The city reserves the right to restrict truck traffic on both designated and nondesignated routes subject to current or future structural conditions as may be determined by the public works director, city engineer or other designated official.
E. All route limitations imposed by this section 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. 2005-324 § 1; Ord. 2005-307 § 1; Ord. 99-188 § 2).
10.30.030 Penalty.
Any violation of this chapter shall be considered an infraction with a fine in the amount of $250.00. Any truck, trailer, or truck-trailer combination over 26,000 pounds gross vehicle weight rating (GVWR) parked on a nondesignated truck route shall be in violation of this chapter and subject to immediate impoundment without prior notification to the owner. (Ord. 2006-346 § 1; Ord. 2005-324 § 1; Ord. 2005-307 § 3. Formerly 10.30.040).
Chapter 10.35
IMPOUNDMENT OF VEHICLES UPON CITY PROPERTYSections:
10.35.010 Unauthorized parking prohibited.
10.35.020 Impoundment without prior notice.
10.35.030 Impoundment after notice.
10.35.040 Other available remedies.
10.35.010 Unauthorized parking prohibited.
Any automobile, trailer, camper, boat trailer or other vehicle parked or standing on property owned, leased, or operated by the city without specific permission of the city is in violation of this chapter and is subject to citation and/or impoundment. (Ord. 2001-249 § 1).
10.35.020 Impoundment without prior notice.
A vehicle may be impounded with or without citation and without giving prior notice to its registered or legal owner under the following circumstances:
A. When authorized under Chapter 46.55 RCW;
B. When the vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic, including the flow of traffic within property owned, leased, or operated by the city;
C. When a vehicle poses an immediate danger to public safety, including but not limited to an environmental danger created by a vehicle parked in a wetland; or
D. Where signs or pavement markings, posted pursuant to RCW 46.55.070, prohibit or restrict parking without authority or permission. (Ord. 2001-249 § 1).
10.35.030 Impoundment after notice.
A. A vehicle in violation of NMC 10.35.010 that is not subject to impoundment under NMC 10.35.020 may be impounded for said violation, after the owner or operator of such vehicle has been cited for a violation of this chapter and after a notice of impoundment, pursuant to RCW 46.55.085, has been securely attached to and conspicuously displayed on such vehicle for a period of 24 hours prior to impoundment.
B. If a vehicle is abandoned on city owned property, said vehicle may be impounded after a notice of impoundment, pursuant to RCW 46.55.085, has been securely attached to and conspicuously displayed on such vehicle for a period of 24 hours prior to impoundment, regardless of whether the vehicle otherwise violates any provision of this code. (Ord. 2001-249 § 1).
10.35.040 Other available remedies.
The citation and/or impoundment of a vehicle pursuant to this chapter does not preclude the institution and prosecution of charges in the district court or other appropriate court for violation of any provision of this code. (Ord. 2001-249 § 1).
Chapter 10.40
MOTORIZED FOOT SCOOTERSSections:
10.40.010 Motorized foot scooter defined.
10.40.020 Duty to obey traffic-control devices and rules of the road.
10.40.030 Certain uses prohibited.
10.40.040 Prohibited areas.
10.40.050 Requirements for operating motorized foot scooters.
10.40.060 Violations – Penalty.
10.40.070 Enforcement.
10.40.010 Motorized foot scooter defined.
A. “Motorized foot scooter” is defined as a device with no more than two 10-inch or smaller diameter wheels that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion.
B. For purposes of this section, a motor-driven cycle, a moped, an electric-assisted bicycle, an electric personal assistive mobility device (EPAMD) and a motorcycle, as defined in state law, are not motorized foot scooters.
C. The regulations of this chapter shall not apply to any vehicle used by a disabled person as defined by RCW 46.16.381. (Ord. 2004-290 § 1).
10.40.020 Duty to obey traffic-control devices and rules of the road.
A. Any person operating a motorized foot scooter shall obey all rules of the road applicable to vehicle or pedestrian traffic, as well as the instructions of official traffic-control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer.
B. Additionally, it shall be unlawful to operate a motorized foot scooter other than as close as practicable to the right-hand curb or right edge of the roadway as is safe; except as may be appropriate while preparing to make or while making turning movements. (Ord. 2004-290 § 1).
10.40.030 Certain uses prohibited.
A. No motorized foot scooter, or similar device shall be ridden or operated in a negligent or unsafe manner but shall be operated with reasonable regard for the safety of the operator and other persons. For the purposes of this section, to operate in a “negligent or unsafe manner” means the operation of a motorized foot scooter in such a manner as to endanger or be likely to endanger any person or property. Examples of operating in a negligent or unsafe manner include, but are not limited to, failure to obey all traffic-control devices, and/or failure to yield right-of-way to pedestrians and/or vehicular traffic.
B. Operation of motorized foot scooters is subject to the provisions of NMC 9.05.510, which prohibits public disturbance noises.
C. No motorized foot scooter shall be operated between the time of sunset to sunrise.
D. No motorized foot scooter shall be operated with any passengers in addition to the operator.
E. No motorized foot scooter shall be operated without the operator wearing a properly fitted helmet, that meets or exceeds safety standards adopted by Standard Z-90.4 set by the American National Standards Institute (ANSI) or the Snell Foundation, or a subsequent nationally recognized standard for helmet performance as the city may adopt. The helmet shall be worn over the head and equipped with either a neck or chin strap that shall be fastened securely while the motorized foot scooter is in motion. (Ord. 2004-290 § 1).
10.40.040 Prohibited areas.
It is unlawful for any person to operate or ride upon a motorized foot scooter in any of the following areas:
A. On sidewalks within the city limits;
B. In city parks;
C. On multiple use trails including bicycle paths, bikeways, equestrian trails and hiking and recreation trails;
D. On any city street with a posted maximum speed limit greater than 25 miles per hour. (Ord. 2004-290 § 1).
10.40.050 Requirements for operating motorized foot scooters.
A. Minimum Age. No motorized foot scooter shall be operated on streets or other public areas not otherwise prohibited by this chapter to motorized foot scooters unless the operator is at least 14 years of age. No operator’s license is required from the Department of Licensing to operate a motorized foot scooter.
B. Required Equipment. The following equipment shall be required whenever a motorized foot scooter is operated within the city limits:
1. Reflectors Required. A motorized foot scooter must be affixed with visible reflectors of a type approved by the Washington State Patrol.
2. No motorized foot scooter, or similar device shall be operated without a muffler, as required by RCW 46.61.710.
3. Handlebars must not exceed shoulders of the rider.
4. Scooter must have a working brake that will enable the operator to make a braked wheel skid on dry, level, clean pavement.
5. Any other equipment required by state or local law. (Ord. 2004-290 § 1).
10.40.060 Violations – Penalty.
Any violation of this chapter shall be considered an infraction, subject to a penalty of $50.00 per violation. (Ord. 2004-290 § 1).
10.40.070 Enforcement.
Officers of the police department, or such officers as are authorized to provide police services to the city, shall enforce the provisions of this chapter. The disposition of an infraction issued under this chapter shall follow the procedures adopted under WAC 308-330-700 and the applicable sections of Chapter 46.63 RCW. (Ord. 2004-290 § 1).
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