|
|
Chapter 16.04
DefinitionsSections:
16.04.010 Scope and Construction of Terms.
16.04.015 Alcohol Concentration.
16.04.020 Alley.
16.04.030 Arterial Highway.
16.04.040 Authorized Emergency Vehicle.
16.04.050 Auto Stage.
16.04.055 Automated Traffic Enforcement System.
16.04.060 Axle.
16.04.071 Bicycle.
16.04.072 Bus.
16.04.080 Business District.
16.04.085 Camper.
16.04.090 Cancel.
16.04.100 Center Line.
16.04.110 Center of Intersection.
16.04.120 City Street.
16.04.127 Collegiate License Plates.
16.04.130 Combination of Vehicles.
16.04.140 Commercial Vehicle.
16.04.141 Congested District.
16.04.145 Congested District, Retail Zone.
16.04.150 Repealed.
16.04.160 Crosswalk.
16.04.161 Curb.
16.04.162 Repealed.
16.04.163 Repealed.
16.04.165 Driveaway-Towaway Operation.
16.04.167 Driving Privilege Withheld.
16.04.168 Electric Personal Assistive Mobility Device.
16.04.170 Explosives.
16.04.180 Farm Tractor.
16.04.181 Farm Vehicle.
16.04.182 Farmer.
16.04.183 Farming.
16.04.188 Repealed.
16.04.190 For-Hire Vehicle.
16.04.194 Garbage Truck.
16.04.195 Repealed.
16.04.200 Hours of Darkness.
16.04.210 Flammable Liquid.
16.04.215 Ignition Interlock Device – Other Biological or Technical Device – Definitions.
16.04.220 Intersection Area.
16.04.240 Intersection Control Area.
16.04.260 Laned Highway.
16.04.270 Legal Owner.
16.04.271 Loading Zone, Commercial.
16.04.272 Loading Zone, Passenger.
16.04.280 Local Authorities.
16.04.285 Repealed.
16.04.290 Marked Crosswalk.
16.04.300 Metal Tire.
16.04.302 Mobile Home, Manufactured Home.
16.04.303 Modular Home.
16.04.304 Moped.
16.04.305 Motor Homes.
16.04.310 Motor Truck.
16.04.320 Motor Vehicle.
16.04.330 Motorcycle.
16.04.332 Motor-Driven Cycle.
16.04.340 Muffler.
16.04.350 Multiple-Lane Highway.
16.04.355 Municipal Transit Vehicle.
16.04.357 Nonmotorized Vehicle.
16.04.360 Nonresident.
16.04.370 Operator or Driver.
16.04.380 Owner.
16.04.381 Park or Parking.
16.04.382 Passenger Car.
16.04.383 Repealed.
16.04.391 Police Officer.
16.04.400 Pedestrian.
16.04.405 Person.
16.04.408 Photograph, Picture, Negative.
16.04.410 Pneumatic Tires.
16.04.414 Pole Trailer.
16.04.416 Private Carrier Bus.
16.04.420 Private Road or Driveway.
16.04.431 Highway.
16.04.435 Public Scale.
16.04.440 Railroad.
16.04.450 Railroad Sign or Signal.
16.04.455 Reasonable Grounds.
16.04.460 Registered Owner.
16.04.465 Rental Car.
16.04.466 Rental Car Business.
16.04.470 Residence District.
16.04.480 Revoke.
16.04.490 Road Tractor.
16.04.500 Roadway.
16.04.510 Safety Zone.
16.04.521 School Bus.
16.04.530 Semitrailer.
16.04.540 Sidewalk.
16.04.550 Solid Tire.
16.04.552 Special Mobile Equipment.
16.04.555 Stand or Standing.
16.04.560 State Highway.
16.04.565 Stop.
16.04.566 Stop or Stopping.
16.04.567 Repealed.
16.04.570 Street Car.
16.04.571 Street Rod Vehicle.
16.04.580 Suspend.
16.04.582 Tandem Axle.
16.04.585 Temporarily Sojourning.
16.04.590 Traffic.
16.04.600 Traffic Control Signal.
16.04.611 Traffic-Control Devices.
16.04.620 Trailer.
16.04.622 Park Trailer.
16.04.623 Travel Trailer.
16.04.630 Train.
16.04.640 Trolley Vehicle.
16.04.650 Tractor.
16.04.653 Truck.
16.04.655 Truck Tractor.
16.04.657 U-Turn.
16.04.660 Used Vehicle.
16.04.670 Vehicle.
16.04.672 Vehicle or Pedestrian Right-of-Way.
16.04.690 Department.
16.04.695 Director.
16.04.700 Driver Education.
16.04.710 Wheelchair Conveyance.
16.04.010 Scope and Construction of Terms.
Terms used in this title shall have the meaning given to them in this chapter, except where otherwise defined and unless where used the context thereof shall clearly indicate to the contrary. Words and phrases used herein in the past, present or future tense shall include the past, present and future tenses; words and phrases used herein in the masculine, feminine or neuter gender shall include the masculine, feminine and neuter genders; and words and phrases used herein in the singular or plural shall include the singular and plural; unless the context thereof shall indicate to the contrary.
[Ord. C31398 § 1; Passed: 6/5/1995]
16.04.015 Alcohol Concentration.
“Alcohol concentration” means:
(A) grams of alcohol per two hundred ten liters of a person’s breath, or
(B) grams of alcohol per one hundred milliliters of a person’s blood.
[Ord. C31434; Passed: 8/7/1995]
16.04.020 Alley.
“Alley” means a public highway not designed for general travel and used primarily as a means of access to the rear of residences and business establishments.
[Ord. C31398 § 3; Passed: 6/5/1995]
16.04.030 Arterial Highway.
“Arterial highway” means every public highway, or portion thereof, designated as such by proper authority.
[Ord. C31398 § 4; Passed: 6/5/1995]
16.04.040 Authorized Emergency Vehicle.
“Authorized emergency vehicle” means any vehicle of any fire department, police department, sheriff’s office, coroner, prosecuting attorney, Washington state patrol, ambulance service, public or private, which need not be classified, registered or authorized by the state patrol, or any other vehicle authorized in writing by the state patrol.
[Ord. C31398 § 5; Passed: 6/5/1995]
16.04.050 Auto Stage.
“Auto stage” means any motor vehicle used for the purpose of carrying passengers together with incidental baggage and freight, or either, on a regular schedule of time and rates; provided, that no motor vehicle shall be considered to be an auto stage where substantially the entire route traveled by such a vehicle is within the corporate limits of any city or town or the corporate limits of any adjoining cities or towns.
[Ord. C31398 § 6; Passed: 6/5/1995]
16.04.055 Automated Traffic Enforcement System.
The term “automated traffic enforcement system” means photographic equipment linked to a violation detection system that synchronizes the taking of a photograph with the occurrence of a traffic violation. A violation detection system may include, but is not limited to, speed measuring devices and traffic control signals.
[Ord. C31677; Passed: 7/15/1996]
16.04.060 Axle.
“Axle” means structure or structures in the same or approximately the same transverse plane with a vehicle supported by wheels and on which or with which such wheels revolve.
[Ord. C31398 § 7; Passed: 6/5/1995]
16.04.071 Bicycle.
“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 sixteen inches or more in diameter, or three wheels, any one of which is more than twenty inches in diameter.
[Ord. C31398 § 8; Passed: 6/5/1995]
16.04.072 Bus.
“Bus” means municipal transit vehicle as defined in RCW 46.04.355, or the equivalent provisions of this title.
[Ord. C31398 § 9; Passed: 6/5/1995]
16.04.080 Business District.
“Business district” means the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or other office buildings, railroad stations, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.
[Ord. C31398 § 10; Passed: 6/5/1995]
16.04.085 Camper.
“Camper” means a structure designed to be mounted upon a motor vehicle which provides facilities for human habitation or for temporary outdoor or recreational lodging and which is five feet or more in overall length and five feet or more in height from its floor to its ceiling when fully extended, but shall not include motor homes as defined in RCW 46.04.305, or the equivalent provisions of this title.
[Ord. C31398 § 11; Passed: 6/5/1995]
16.04.090 Cancel.
“Cancel,” in all its forms, means invalidation indefinitely.
[Ord. C31398 § 12; Passed: 6/5/1995]
16.04.100 Center Line.
“Center line” means the line, marked or unmarked, parallel to and equidistant from the sides of a two-way traffic roadway of a highway, except where otherwise indicated by painted lines or markers.
[Ord. C31398 § 13; Passed: 6/5/1995]
16.04.110 Center of Intersection.
“Center of intersection” means the point of intersection of the center lines of the roadway of intersecting public highways.
[Ord. C31398 § 14; Passed: 6/5/1995]
16.04.120 City Street.
“City street” or “street” means every public highway, or part thereof, located within the limits of the city, except alleys.
[Ord. C31398 § 15; Passed: 6/5/1995]
16.04.127 Collegiate License Plates.
“Collegiate license plates” means license plates that display a depiction of the name and mascot or symbol of a state university, regional university, or state college as defined in RCW 28B.10.016.
[Ord. C31398 § 16; Passed: 6/5/1995]
16.04.130 Combination of Vehicles.
“Combination of vehicles” means every combination of motor vehicle and motor vehicle, motor vehicle and trailer, or motor vehicle and semitrailer.
[Ord. C31398 § 17; Passed: 6/5/1995]
16.04.140 Commercial Vehicle.
“Commercial vehicle” means any vehicle the principal use of which is the transportation of commodities, merchandise, produce, freight, animals, or passengers for hire.
[Ord. C31398 § 18; Passed: 6/5/1995]
16.04.141 Congested District.
“Congested district” means the area bounded as follows:
On the north by the Spokane River;
On the west by the west line of Adams Street;
On the south by the south line of Third Avenue from the west line of Adams Street to the east line of Washington Street; and by the north line of the several viaducts of the Burlington Northern Railway Company, from the east line of Washington Street to the east line of Division Street;
On the east by the east line of Washington Street from the south line of Third Avenue to the north line of the Burlington Northern Railway Company’s viaduct, and by the east line of Division Street from the north line of the Burlington Northern Railway Company’s viaduct to the Spokane River.
The said congested district shall also include Monroe Street, from Main Avenue to Mallon Avenue; both sides of Riverside, Sprague and First Avenues from Adams Street to Cedar Street; and both sides of Cedar Street from Sprague Avenue to the north line of the Burlington Northern Railway Company’s viaduct.
[Ord. C31398 § 19; Passed: 6/5/1995]
16.04.145 Congested District, Retail Zone.
“Retail zone of the congested district” means all the area within the congested district bounded as follows:
On the north by the north line of Spokane Falls Boulevard;
On the west by the west line of Monroe Street;
On the south by the south line of Second Avenue from Monroe Street to Washington Street, and the south line of First Avenue from Washington Street to Bernard Street;
On the east by the east line of Washington Street from Second Avenue to First Avenue, and by the east line of Bernard Street from First Avenue to Spokane Falls Boulevard.
The said retail zone shall also include both sides of Monroe Street from Main Avenue to Broadway, also both sides of Riverside Avenue, Sprague Avenue and First Avenue from Madison Street to Monroe Street, and both sides of Post Street from Spokane Falls Boulevard north to the Post Street bridge.
[Ord. C31398 § 20; Passed: 6/5/1995]
16.04.150 Repealed.
Repealed.
[Ord. C31398 § 21; Passed: 6/5/1995]
16.04.160 Crosswalk.
“Crosswalk” means the portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or in the event there are no sidewalks then between the intersection area and a line ten feet therefrom, except as modified by a marked crosswalk.
[Ord. C31398 § 22; Passed: 6/5/1995]
16.04.161 Curb.
“Curb” means the lateral boundaries of that portion of the street designated or intended for the use of vehicles, whether marked by curbing construction or not.
[Ord. C31398 § 23; Passed: 6/5/1995]
16.04.162 Repealed.
Repealed.
[Ord. C31398 § 24; Passed: 6/5/1995]
16.04.163 Repealed.
Repealed.
[Ord. C31398 § 25; Passed: 6/5/1995]
16.04.165 Driveaway-Towaway Operation.
“Driveaway-towaway operation” means any operation in which any motor vehicle, trailer or semitrailer, singly or in combination, new or used, constitutes the commodity being transported when one set or more wheels of any such vehicle are on the roadway during the course of transportation, whether or not any such vehicle furnishes the motive power.
[Ord. C31398 § 26; Passed: 6/5/1995]
16.04.167 Driving Privilege Withheld.
“Driving privilege withheld” means that the department has revoked, suspended, or denied a person’s Washington state driver’s license, permit to drive, driving privilege, or nonresident driving privilege.
[Ord. C32489 § 1; Passed: 9/13/1999]
16.04.168 Electric Personal Assistive Mobility Device.
“Electric personal assistive mobility device” (“EPAMD”) means a self-balancing device with two wheels not in tandem, designed to transport only one person by an electric propulsion system with an average power of seven hundred fifty watts (one horsepower) having a maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator weighing one hundred seventy pounds, of less than twenty miles per hour.
[Ord. C33037 § 3; Passed: 6/10/2002]
16.04.170 Explosives.
“Explosives” means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion, and which contains any oxidizing or combustible units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonation of any part of the compound mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life or limb.
[Ord. C31398 § 28; Passed: 6/5/1995]
16.04.180 Farm Tractor.
“Farm tractor” means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.
[Ord. C31398 § 29; Passed: 6/5/1995]
16.04.181 Farm Vehicle.
“Farm vehicle” means any vehicle other than a farm tractor or farm implement which is designed and/or used primarily in agricultural pursuits on farms for the purpose of transporting machinery, equipment, implements, farm products, supplies and/or farm labor thereon and is only incidentally operated on or moved along public highways for the purpose of going from one farm to another.
[Ord. C31398 § 30; Passed: 6/5/1995]
16.04.182 Farmer.
“Farmer” means any person, firm, partnership, or corporation engaged in farming. If a person, firm, partnership or corporation is engaged in activities in addition to that of farming, the definitions shall only apply to that portion of the activity that is defined as farming in RCW 46.04.183, or the equivalent provisions of this title.
[Ord. C31398 § 31; Passed: 6/5/1995]
16.04.183 Farming.
“Farming” means the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (except forestry or forestry operations), the raising of livestock, bees, fur-bearing animals, or poultry, and any practices performed on a farm as an incident to or in conjunction with such farming operations.
[Ord. C31398 § 32; Passed: 6/5/1995]
16.04.188 Repealed.
Repealed.
[Ord. C31398 § 36; Passed: 6/5/1995]
16.04.190 For-Hire Vehicle.
“For-hire vehicle” means any motor vehicle used for the transportation of persons for compensation, except auto stages and ride-sharing vehicles.
[Ord. C31398 § 33; Passed: 6/5/1995]
Cross Reference: Ride-sharing vehicles defined in RCW 46.74.010.
16.04.194 Garbage Truck.
“Garbage truck” means a truck specially designed and used exclusively for garbage or refuse operations.
[Ord. C31398 § 34; Passed: 6/5/1995]
16.04.195 Repealed.
Repealed.
[Ord. C31398 § 73; Passed: 6/5/1995]
16.04.200 Hours of Darkness.
“Hours of darkness” means the hours from one-half hour after sunset to one-half hour before sunrise, and any other time when persons or objects may not be clearly discernible at a distance of five hundred feet.
[Ord. C31398 § 35; Passed: 6/5/1995]
16.04.210 Flammable Liquid.
“Flammable liquid” means any liquid which has a flash point of seventy degrees Fahrenheit, or less, as determined by a Tagliabue or equivalent closed cup test device.
[Ord. C31398 § 36; Passed: 6/5/1995]
16.04.215 Ignition Interlock Device – Other Biological or Technical Device – Definitions.
“Ignition interlock device” means breath alcohol analyzing ignition equipment, certified by the state patrol, designed to prevent a motor vehicle from being operated by a person who has consumed an alcoholic beverage, and “other biological or technical device” means any device meeting the standards of the National Highway Traffic Safety Administration or the state patrol, designed to prevent the operation of a motor vehicle by a person who is impaired by alcohol or drugs. The state patrol shall by rule provide standards for the certification, installation, repair, and removal of the devices.
[Ord. C32905 § 2; Passed: 9/10/2001]
16.04.220 Intersection Area.
1. “Intersection area” means the area embraced within the prolongation or connection of the lateral curblines, or, if none then the lateral boundary lines of the roadways of two or more highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
2. Where a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.
3. The junction of an alley with a street or highway shall not constitute an intersection.
[Ord. C31398 § 37; Passed: 6/5/1995]
16.04.240 Intersection Control Area.
“Intersection control area” means intersection area, together with such modification of the adjacent roadway area as results from the arc of curb corners and together with any marked or unmarked crosswalks adjacent to the intersection.
[Ord. C31398 § 38; Passed: 6/5/1995]
16.04.260 Laned Highway.
“Laned highway” means a highway the roadway of which is divided into clearly marked lanes for vehicular traffic.
[Ord. C31398 § 39; Passed: 6/5/1995]
16.04.270 Legal Owner.
“Legal owner” means a person having a security interest in a vehicle perfected in accordance with RCW chapter 46.12 or the registered owner of a vehicle unencumbered by a security interest or the lessor of a vehicle unencumbered by a security interest.
[Ord. C31398 § 40; Passed: 6/5/1995]
16.04.271 Loading Zone, Commercial.
“Commercial loading zone” means a designated portion of the street along the curb reserved for use of authorized and identified vehicles to load and unload commodities, merchandise, produce, freight and animals. The terms “loading zone, commercial,” and “commercial loading zone” shall have the same meaning and, unless otherwise described or appearing in the context, shall include the term “loading zone” wherever used.
[Ord. C31398 § 41; Passed: 6/5/1995]
16.04.272 Loading Zone, Passenger.
“Passenger loading zone” means a designated portion of the street along the curb reserved for use in loading and unloading persons, and which meaning includes that the vehicle so using said designated zone shall be attended by an operator thereof.
[Ord. C31398 § 42; Passed: 6/5/1995]
16.04.280 Local Authorities.
“Local authorities” includes every county, municipal, or other local public board or body having authority to adopt local police regulations under the Constitution and laws of this state.
[Ord. C31398 § 43; Passed: 6/5/1995]
16.04.285 Repealed.
Repealed.
[Ord. C31398 § 44; Passed: 6/5/1995]
16.04.290 Marked Crosswalk.
“Marked crosswalk” means any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface thereof.
[Ord. C31398 § 45; Passed: 6/5/1995]
16.04.300 Metal Tire.
“Metal tire” includes every tire, the bearing surface of which in contact with the street or highway is wholly or partly of metal or other hard, nonresilient material.
[Ord. C31398; Passed: 6/5/1995]
16.04.302 Mobile Home, Manufactured Home.
“Mobile home” or “manufactured home” means a structure, designed and constructed to be transportable in one or more sections, and is built on a permanent chassis, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities that include plumbing, heating, and electrical systems contained therein. The structure must comply with the National Mobile Home Construction and Safety Standards Act of 1974 as adopted by RCW chapter 43.22 if applicable. Manufactured home does not include modular home. A structure which met the definition of a “manufactured home” at the time of manufacture is still considered to meet this definition notwithstanding that it is no longer transportable.
[Ord. C31398 § 47; Passed: 6/5/1995]
16.04.303 Modular Home.
“Modular home” means a factory-assembled structure designed primarily for use as a dwelling when connected to the required utilities that include plumbing, heating, and electrical systems contained therein, does not contain its own running gear, and must be mounted on a permanent foundation. A modular home does not include a mobile home or manufactured home.
[Ord. C31398 § 48; Passed: 6/5/1995]
16.04.304 Moped.
“Moped” means a motorized device designed to travel with not more than three sixteen-inch or larger diameter wheels in contact with the ground, having fully operative pedals for propulsion by human power, and an electric or a liquid fuel motor with a cylinder displacement not exceeding fifty cubic centimeters which produces no more than two gross brake horsepower (developed by a prime mover, as measured by a brake applied to the driving shaft) that is capable of propelling the device at not more than thirty miles per hour on level ground.
The Washington state patrol may approve of and define as a “moped” a vehicle which fails to meet these specific criteria, but which is essentially similar in performance and application to motorized devices which do meet these specific criteria.
[Ord. C31398 § 49; Passed: 6/5/1995]
16.04.305 Motor Homes.
“Motor homes” means motor vehicles originally designed, reconstructed, or permanently altered to provide facilities for human habitation, which include lodging and cooking or sewage disposal, and is enclosed within a solid body shell with the vehicle, but excludes a camper or like unit constructed separately and affixed to a motor vehicle.
[Ord. C31398 § 50; Passed: 6/5/1995]
16.04.310 Motor Truck.
“Motor truck” means any motor vehicle designed or used for the transportation of commodities, merchandise, produce, freight or animals.
[Ord. C31398 § 51; Passed: 6/5/1995]
16.04.320 Motor Vehicle.
“Motor vehicle” shall mean every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. An electric personal assistive mobility device is not considered a motor vehicle.
[Ord. C33037 § 4; Passed: 6/10/2002]
16.04.330 Motorcycle.
“Motorcycle” means a motor vehicle designed to travel on not more than three wheels in contact with the ground, on which the driver rides astride the motor unit or power train and is designed to be steered with a handle bar, but excluding a farm tractor, an electric personal assistive mobility device, and a moped.
[Ord. C33037 § 5; Passed: 6/10/2002]
16.04.332 Motor-Driven Cycle.
“Motor-driven cycle” means every motorcycle, including every motor scooter, with a motor that produces not to exceed five brake horsepower (developed by a prime mover, as measured by a brake applied to the driving shaft). A motor-driven cycle does not include a moped or an electric personal assistive mobility device.
[Ord. C33037 § 6; Passed: 6/10/2002]
16.04.340 Muffler.
“Muffler” means a device consisting of a series of chambers, or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise resulting therefrom.
[Ord. C31398 § 55; Passed: 6/5/1995]
16.04.350 Multiple-Lane Highway.
“Multiple-lane highway” means any highway the roadway of which is of sufficient width to reasonably accommodate two or more separate lanes of vehicular traffic in the same direction, each lane of which shall be not less than the maximum legal vehicle width and whether or not such lanes are marked.
[Ord. C31398 § 56; Passed: 6/5/1995]
16.04.355 Municipal Transit Vehicle.
“Municipal transit vehicle” includes every motor vehicle, street car, train, trolley vehicle, and any other device, which:
1. is capable of being moved within, upon, above, or below a public highway,
2. is owned or operated by a city, county, county transportation authority, public transportation benefit area, or metropolitan municipal corporation within the state, and
3. is used for the purpose of carrying passengers together with incidental baggage and freight on a regular schedule.
[Ord. C31398 § 57; Passed: 6/5/1995]
Cross Reference: Unlawful bus conduct: RCW 9.91.025; SMC 10.10.100.
16.04.357 Nonmotorized Vehicle.
“Nonmotorized vehicle” means any wheeled vehicle for transporting a person which is not propelled by a motor or engine, including skateboard, roller skates, in-line roller blades, coaster, wagon and similar toy or play vehicle, but not including a bicycle as regulated in SMC chapter 16.61.
[Ord. C31398 § 58; Passed: 6/5/1995]
16.04.360 Nonresident.
“Nonresident” means any person whose residence is outside this state and who is temporarily sojourning within the state.
[Ord. C31398 § 59; Passed: 6/5/1995]
16.04.370 Operator or Driver.
“Operator or driver” means every person who drives or is in actual physical control of a vehicle.
[Ord. C31398 § 60; Passed: 6/5/1995]
16.04.380 Owner.
“Owner” means a person who has a lawful right of possession of a vehicle by reason of obtaining it by purchase, exchange, gift, lease, inheritance or legal action whether or not the vehicle is subject to a security interest and means registered owner where the reference to owner may be construed as either to registered or legal owner.
[Ord. C31398 § 61; Passed: 6/5/1995]
16.04.381 Park or Parking.
“Park or parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.
[Ord. C31398 § 62; Passed: 6/5/1995]
16.04.382 Passenger Car.
“Passenger car” means every motor vehicle, except motorcycles and motor-driven cycles, designed for carrying ten passengers or less and used for the transportation of persons.
[Ord. C31398 § 63; Passed: 6/5/1995]
16.04.383 Repealed.
Repealed.
[Ord. C31398 § 64; Passed: 6/5/1995]
16.04.391 Police Officer.
“Police officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
[Ord. C31398 § 65; Passed: 6/5/1995]
16.04.400 Pedestrian.
“Pedestrian” means any person who is afoot or who is using a wheelchair or a means of conveyance propelled by human power other than a bicycle.
[Ord. C31398 § 66; Passed: 6/5/1995]
16.04.405 Person.
“Person” includes every natural person, firm, copartnership, corporation, association, or organization.
[Ord. C31398 § 67; Passed: 6/5/1995]
16.04.408 Photograph – Picture – Negative.
“Photograph,” along with the terms “picture” and “negative,” means a pictorial representation, whether produced through photographic or other means, including, but not limited to, digital data imaging.
[Ord. C31398 § 68; Passed: 6/5/1995]
16.04.410 Pneumatic Tires.
“Pneumatic tires” includes every tire of rubber or other resilient material designed to be inflated with compressed air to support the load thereon.
[Ord. C31398 § 69; Passed: 6/5/1995]
16.04.414 Pole Trailer.
“Pole trailer” means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregular shaped loads such as poles, pipes, logs or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
[Ord. C31398 § 70; Passed: 6/5/1995]
16.04.416 Private Carrier Bus.
“Private carrier bus” means every motor vehicle designed for the purpose of carrying passengers (having a seating capacity for eleven or more persons) used regularly to transport persons in furtherance of any organized agricultural, religious or charitable purpose. Such term does not include buses operated by common carriers under a franchise granted by any city or town or the Washington Public Utilities Commission.
[Ord. C31398 § 71; Passed: 6/5/1995]
16.04.420 Private Road or Driveway.
“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.
[Ord. C31398 § 72; Passed: 6/5/1995]
16.04.431 Highway.
“Highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
[Ord. C31398 § 73; Passed: 6/5/1995]
16.04.435 Public Scale.
“Public scale” means every scale under public or private ownership which is certified as to its accuracy and which is available for public weighing.
[Ord. C31398 § 74; Passed: 6/5/1995]
16.04.440 Railroad.
“Railroad” means a carrier of persons or property upon vehicles, other than street cars, operated upon stationary rails, the route of which is principally outside cities and towns.
[Ord. C31398 § 75; Passed: 6/5/1995]
16.04.450 Railroad Sign or Signal.
“Railroad sign or signal” means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
[Ord. C31398 § 76; Passed: 6/5/1995]
16.04.455 Reasonable Grounds.
“Reasonable grounds,” when used in the context of a law enforcement officer’s decision to make an arrest, means probable cause.
[Ord. C31434; Passed: 8/7/1995]
16.04.460 Registered Owner.
“Registered owner” means the person whose lawful right of possession of a vehicle has most recently been recorded with the department.
[Ord. C31398 § 78; Passed: 6/5/1995]
16.04.465 Rental Car.
1. “Rental car” means a passenger car, as defined in RCW 46.04.382, or the equivalent provisions of this title, that is used solely by a rental car business for rental to others, without a driver provided by the rental car business, for periods of not more than thirty consecutive days.
2. “Rental car” does not include:
a. vehicles rented or loaned to customers by automotive repair businesses while the customer’s vehicle is under repair;
b. vehicles licensed and operated as taxicabs.
[Ord. C31398 § 79; Passed: 6/5/1995]
16.04.466 Rental Car Business.
“Rental car business” means a person engaging within this state in the business of renting rental cars, as determined under rules of the department of licensing.
[Ord. C31398 § 80; Passed: 6/5/1995]
Cross Reference: Registration of rental car businesses: RCW 46.87.023.
16.04.470 Residence District.
“Residence district” means the territory contiguous to and including a public highway not comprising a business district, when the property on such public highway for a continuous distance of three hundred feet or more on either side thereof is in the main improved with residences or residences and buildings in use for business.
[Ord. C31398 § 81; Passed: 6/5/1995]
16.04.480 Revoke.
“Revoke,” in all its forms, means the invalidation for a period of one calendar year and thereafter until reissue; provided, that under the provisions of RCW 46.20.285, 46.20.311, 46.20.265, or 46.61.5055, and RCW chapter 46.65, or the equivalent provisions of this title, the invalidation may last for a period other than one calendar year.
[Ord. C31434; Passed: 8/7/1995]
16.04.490 Road Tractor.
“Road tractor” includes every motor vehicle designed and used primarily as a road building vehicle in drawing road building machinery and devices.
[Ord. C31398 § 83; Passed: 6/5/1995]
16.04.500 Roadway.
“Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder even though such sidewalk or shoulder is used by persons riding bicycles. In the event a highway includes two or more separated roadways, the term “roadway” shall refer to any such roadway separately but shall not refer to all such roadways collectively.
[Ord. C31398 § 84; Passed: 6/5/1995]
16.04.510 Safety Zone.
“Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is marked or indicated by painted marks, signs, buttons, standards, or otherwise, so as to be plainly discernible.
[Ord. C31398 § 85; Passed: 6/5/1995]
16.04.521 School Bus.
“School bus” means every motor vehicle used regularly to transport children to and from school or in connection with school activities, which is subject to the requirements set forth in the most recent edition of “Specifications for School Buses” published by the state superintendent of public instruction, but does not include buses operated by common carriers in urban transportation of school children.
[Ord. C31398 § 86; Passed: 6/5/1995]
16.04.530 Semitrailer.
“Semitrailer” includes every vehicle without motive power designed to be drawn by a vehicle, motor vehicle, or truck tractor and so constructed that an appreciable part of its weight and that of its load rests upon and is carried by such other vehicle, motor vehicle or truck tractor.
[Ord. C31398 § 87; Passed: 6/5/1995]
16.04.540 Sidewalk.
“Sidewalk” means that property between the curb lines or the lateral lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians, or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians.
[Ord. C31398 § 88; Passed: 6/5/1995]
16.04.550 Solid Tire.
“Solid tire” includes every tire of rubber or other resilient material which does not depend upon inflation with compressed air for the support of the load thereon.
[Ord. C31398 § 89; Passed: 6/5/1995]
16.04.552 Special Mobile Equipment.
“Special mobile equipment” means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: Ditch digging apparatus, well boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carry-alls and scrapers, power shovels and draglines, and self-propelled cranes and earth moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes or shovels or other vehicles designed for the transportation or persons or property to which machinery has been attached.
[Ord. C31398 § 90; Passed: 6/5/1995]
16.04.555 Stand or Standing.
“Stand or standing” means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
[Ord. C31398 § 91; Passed: 6/5/1995]
16.04.560 State Highway.
“State highway” includes every highway or part thereof, which has been designated as a state highway or branch thereof, by legislative enactment.
[Ord. C31398 § 92; Passed: 6/5/1995]
16.04.565 Stop.
“Stop” when required means complete cessation from movement.
[Ord. C31398 § 93; Passed: 6/5/1995]
16.04.566 Stop or Stopping.
“Stop or stopping” when prohibited means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.
[Ord. C31398 § 94; Passed: 6/5/1995]
16.04.567 Repealed.
Repealed.
[Ord. C31398 § 95; Passed: 6/5/1995]
16.04.570 Street Car.
“Street car” means a vehicle other than a train for transporting persons or property and operated upon stationary rails principally within cities and towns.
[Ord. C31398 § 96; Passed: 6/5/1995]
16.04.571 Street Rod Vehicle.
“Street rod vehicle” is a motor vehicle, other than a motorcycle, that meets the following conditions:
1.
a. The vehicle was manufactured before 1949,
b. the vehicle has been assembled or reconstructed using major component parts of a motor vehicle manufactured before 1949, or
c. the vehicle was assembled or manufactured after 1949, to resemble a vehicle manufactured before 1949; and
2.
a. The vehicle has been modified in its body style or design through the use of non-original or reproduction components, such as frame, engine, drive train, suspension, or brakes in a manner that does not adversely affect its safe performance as a motor vehicle re render it unlawful for highway use, or
b. the body has been constructed from non-original materials or has been altered dimensionally or in shape and appearance from the original manufactured body.
[Ord. C32489 § 2; Passed: 9/13/1999]
16.04.580 Suspend.
“Suspend,” in all its forms and unless a different period is specified, means invalidation for any period less than one calendar year and thereafter until reinstatement.
[Ord. C31398 § 97; Passed: 6/5/1995]
16.04.582 Tandem Axle.
“Tandem axle” means any two or more consecutive axles whose centers are less than seven feet apart.
[Ord. C31398 § 98; Passed: 6/5/1995]
16.04.585 Temporarily Sojourning.
“Temporarily sojourning,” as the term is used in RCW chapter 46.04 or this chapter, shall be construed to include any nonresident who is within this state for a period of not to exceed six months in any one year.
[Ord. C31398 § 99; Passed: 6/5/1995]
16.04.590 Traffic.
“Traffic” includes pedestrians, ridden or herded animals, vehicles, street cars, and other conveyances either singly or together, while using any public highways for purposes of travel.
[Ord. C31398 § 100; Passed: 6/5/1995]
16.04.600 Traffic Control Signal.
“Traffic control signal” means any traffic device, whether manually, electrically, or mechanically operated, by which traffic alternately is directed to stop or proceed or otherwise controlled.
[Ord. C31398 § 101; Passed: 6/5/1995]
16.04.611 Traffic-Control Devices.
“Official traffic-control devices” means all signs, signals, markings and devices not inconsistent with RCW title 46, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
[Ord. C31398 § 102; Passed: 6/5/1995]
16.04.620 Trailer.
“Trailer” includes every vehicle without motive power designed for being drawn by or used in conjunction with a motor vehicle constructed so that no appreciable part of its weight rests upon or is carried by such motor vehicle, but does not include a municipal transit vehicle, or any portion thereof.
[Ord. C31398 § 103; Passed: 6/5/1995]
16.04.622 Park Trailer.
“Park trailer” or “park model trailer” means a travel trailer designed to be used with temporary connections to utilities necessary for operation of installed fixtures and appliances. The trailer’s gross area shall not exceed four hundred square feet when in the setup mode. “Park trailer” excludes a mobile home.
[Ord. C31398 § 104; Passed: 6/5/1995]
16.04.623 Travel Trailer.
“Travel trailer” means a trailer built on a single chassis transportable upon the public streets and highways that is designed to be used as a temporary dwelling without a permanent foundation and may be used without being connected to utilities.
[Ord. C31398 § 105; Passed: 6/5/1995]
16.04.630 Train.
“Train” means a vehicle propelled by steam, electricity, or other motive power with or without cars coupled thereto, operated upon stationary rails, except street cars.
[Ord. C31398 § 106; Passed: 6/5/1995]
16.04.640 Trolley Vehicle.
“Trolley vehicle” means a vehicle the motor power for which is supplied by means of a trolley line and which may or may not be confined in its operation to a certain portion of the roadway in order to maintain trolley line contact.
[Ord. C31398 § 107; Passed: 6/5/1995]
16.04.650 Tractor.
“Tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
[Ord. C31398 § 108; Passed: 6/5/1995]
16.04.653 Truck.
“Truck” means every motor vehicle designed, used, or maintained primarily for the transportation of property.
[Ord. C31398 § 109; Passed: 6/5/1995]
16.04.655 Truck Tractor.
“Truck tractor” means every motor vehicle designed and used primarily for drawing other vehicles but so constructed as to permit carrying a load in addition to part of the weight of the vehicle and load so drawn.
[Ord. C31398 § 110; Passed: 6/5/1995]
16.04.657 U-Turn.
“U-turn” means turning a vehicle so as to proceed in the opposite direction on the same public street or highway.
[Ord. C31398 § 111; Passed: 6/5/1995]
16.04.660 Used Vehicle.
“Used vehicle” means a vehicle which has been sold, bargained, exchanged, given away, or title transferred from the person who first took title to it from the manufacturer or first importer, dealer, or agent of the manufacturer or importer, and so used as to have become what is commonly known as “second-hand” within the ordinary meaning thereof.
[Ord. C31398 § 112; Passed: 6/5/1995]
16.04.670 Vehicle.
“Vehicle” includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks. Mopeds shall not be considered vehicles or motor vehicles for the purposes of RCW chapter 46.70. Bicycles shall not be considered vehicles for the purposes of RCW chapter 46.12, 46.16, or 46.70, or the equivalent provisions of this title. Electric personal assistive mobility devices are not considered vehicles or motor vehicles for the purposes of RCW chapter 46.12, 46.16, 46.29, 46.37, or 46.70, or the equivalent provisions of this title.
[Ord. C33037 § 7; Passed: 6/10/2002]
16.04.672 Vehicle or Pedestrian Right-of-Way.
“Vehicle or pedestrian right-of-way” means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.
[Ord. C31398 § 114; Passed: 6/5/1995]
16.04.690 Department.
The term “department” shall mean the department of licensing unless a different department is specified.
[Ord. C31398 § 115; Passed: 6/5/1995]
16.04.695 Director.
The term “director” shall mean the director of licensing unless the director of a different department of government is specified.
[Ord. C31398 § 116; Passed: 6/5/1995]
16.04.700 Driver Education.
Whenever the term “driver education” is used in the code, it shall be defined to mean “traffic safety education.”
[Ord. C31398 § 117; Passed: 6/5/1995]
16.04.710 Wheelchair Conveyance.
“Wheelchair conveyance” means any vehicle specially manufactured or designed for the transportation of a physically or medically impaired wheelchair-bound person. The vehicle may be a separate vehicle used in lieu of a wheelchair or a separate vehicle used for transporting the impaired person while occupying a wheelchair. The vehicle shall be equipped with a propulsion device capable of propelling the vehicle within a speed range established by the state patrol. The state patrol may approve and define as a wheelchair conveyance a vehicle that fails to meet these specific criteria but is essentially similar in performance and application to vehicles that do meet these specific criteria.
[Ord. C31398 § 118; Passed: 6/5/1995]
Cross Reference: Wheelchair conveyances licensing, RCW 46.16.640; operators license, RCW 46.20.550; safety standards, RCW 46.37.610; public roadways, operating on, RCW 46.61.730.
Code Publishing Company
|
|
|