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Chapter 16.61
Rules of the RoadSections:
16.61.005 Chapter Refers to Vehicles upon Highways – Exceptions.
16.61.015 Obedience to Police Officers, Flaggers or Fire Fighters – Penalty.
16.61.020 Refusal to Give Information to or Cooperate with Officer.
16.61.021 Duty to Obey Law Enforcement Officer – Authority of Officer.
16.61.022 Failure to Obey Officer – Penalty.
16.61.025 Persons Riding Animals or Driving Animal-drawn Vehicles.
16.61.030 Persons Working on Highway Right-of-Way – Exceptions.
16.61.035 Authorized Emergency Vehicles.
16.61.050 Obedience to and Required Traffic Control Devices.
16.61.055 Traffic Control Signal Legend.
16.61.060 Pedestrian Control Signals.
16.61.065 Flashing Signals.
16.61.070 Lane-direction-control Signals.
16.61.072 Special Traffic Control Signals – Legend.
16.61.075 Display of Unauthorized Signs, Signals or Markings.
16.61.077 Signage that may be Required.
16.61.080 Interference with Official Traffic-control Devices or Railroad Signs or Signals.
16.61.100 Keep Right Except when Passing, etc.
16.61.105 Passing Vehicles Proceeding in Opposite Directions.
16.61.110 Overtaking a Vehicle on the Left.
16.61.115 When Overtaking on the Right is Permitted.
16.61.120 Limitations on Overtaking on the Left.
16.61.125 Further Limitations on Driving to Left of Center of Roadway.
16.61.130 No-passing Zones.
16.61.135 One-way Roadways and Rotary Traffic Islands.
16.61.140 Driving on Roadways Laned for Traffic.
16.61.145 Following Too Closely.
16.61.150 Driving on Divided Highways.
16.61.155 Restricted Access.
16.61.160 Restrictions on Use of Limited-access Highway – Use by Bicyclists.
16.61.165 Repealed.
16.61.180 Vehicle Approaching Intersection.
16.61.183 Nonfunctioning Traffic Controls.
16.61.185 Vehicle Turning Left.
16.61.190 Vehicle Entering Stop or Yield Intersection.
16.61.200 Repealed.
16.61.202 Stopping when Traffic Obstructed.
16.61.205 Vehicle Entering Highway from Private Road or Driveway.
16.61.207 Entering and Emerging from Alleys in Congested District.
16.61.210 Operation of Vehicles on Approach of Authorized Emergency Vehicles.
16.61.215 Highway Construction and Maintenance.
16.61.220 Transit Vehicles.
16.61.221 Repealed.
16.61.230 Pedestrians Subject to Traffic Regulations.
16.61.235 Crosswalks.
16.61.237 Special Pedestrian Crossings.
16.61.240 Crossing at Other Than Crosswalks.
16.61.245 Drivers to Exercise Care.
16.61.250 Pedestrians on Roadways.
16.61.255 Pedestrians Soliciting Rides or Business.
16.61.260 Driving Through Safety Zone Prohibited.
16.61.261 Sidewalks, Crosswalks – Pedestrians, Bicycles.
16.61.264 Pedestrians Yield to Emergency Vehicles.
16.61.266 Pedestrians Under the Influence of Alcohol or Drugs.
16.61.269 Passing Beyond Bridge or Grade Crossing Barrier Prohibited.
16.61.290 Required Position and Method of Turning at Intersections.
16.61.295 “U” Turns.
16.61.300 Starting Parked Vehicle.
16.61.305 Turning, Stopping, Moving Right or Left – Signals Required – Improper Use Prohibited.
16.61.310 Signals by Hand and Arm or Signal Lamps.
16.61.315 Method of Giving Hand and Arm Signals.
16.61.340 Approaching Train Signal.
16.61.345 All Vehicles Must Stop at Certain Railroad Grade Crossings.
16.61.350 Certain Vehicles Must Stop at All Railroad Grade Crossings – Exceptions.
16.61.355 Moving Heavy Equipment at Railroad Grade Crossings – Notice of Intended Crossing.
16.61.365 Emerging from Alley, Driveway or Building.
16.61.370 Overtaking or Meeting School Bus – Duties of Bus Driver.
16.61.371 Violators of School Bus Stop Sign Laws – Identification by Vehicle Owner.
16.61.372 Violators of School Bus Stop Sign Laws – Report by Bus Driver – Law Enforcement Investigation.
16.61.375 Overtaking or Meeting Private Carrier Bus – Duties of Bus Driver.
16.61.380 Repealed.
16.61.385 School Patrol – Authority.
16.61.400 Basic Rule and Maximum Limits.
16.61.425 Minimum Speed Regulation – Passing Slow Moving Vehicle.
16.61.427 Slow-moving Vehicle to Pull Off Roadway.
16.61.428 Slow-moving Vehicle Permitted to Drive on Improved Shoulders, When.
16.61.435 Repealed.
16.61.440 Maximum Speed Limit when Passing School or Playground Crosswalks – Penalty, Disposition of Proceeds.
16.61.445 Due Care Required.
16.61.450 Maximum Speed, Weight or Size in Traversing Bridges, Elevated Structures, Tunnels, Underpasses – Posting Limits.
16.61.455 Vehicles with Solid or Hollow Cushion Tires.
16.61.460 Special Speed Limitation on Motor-driven Cycle.
16.61.465 Exceeding Speed Limit Evidence of Reckless Driving.
16.61.470 “Speed Traps Defined,” Certain Types Permitted – Measured Courses, Speed Measuring Devices, Timing from Aircraft.
16.61.475 Repealed.
16.61.500 Reckless Driving – Penalty.
16.61.502 Driving Under the Influence.
16.61.503 Driver under Twenty-One Consuming Alcohol – Penalties.
16.61.504 Physical Control of Vehicle Under the Influence.
16.61.505 Alcohol Violator – Penalty.
16.61.5051 Repealed.
16.61.5052 Repealed.
16.61.5053 Repealed.
16.61.5054 Alcohol Violators – Additional Fee Distribution. (Expires July 1, 1995).
16.61.5055 Alcohol Violators – Penalty Schedule.
16.61.5056 Alcohol Violators – Information School – Evaluation and Treatment.
16.61.5057 Repealed.
16.61.5058 Alcohol Violators – Vehicle Seizure and Forfeiture.
16.61.506 Persons Under Influence of Intoxicating Liquor or Drug – Evidence – Tests – Information concerning Tests.
16.61.515 Repealed.
16.61.5151 Sentences – Intermittent Fulfillment – Restrictions.
16.61.5152 Attendance at Program Focusing on Victims.
16.61.517 Refusal of Alcohol Test – Admissibility as Evidence.
16.61.519 Alcoholic Beverages – Drinking or Open Container in Vehicle on Highway – Exceptions.
16.61.5195 Disguising Alcoholic Beverage Container.
16.61.5249 Negligent Driving – First Degree.
16.61.525 Negligent Driving – Second Degree.
16.61.527 Roadway Construction Zones.
16.61.530 Racing of Vehicles on Highways – Reckless Driving – Exception.
16.61.535 Advertising of Unlawful Speed Attained – Reckless Driving.
16.61.540 “Drugs,” What Included.
16.61.541 Repealed.
16.61.542 Repealed.
16.61.544 Repealed.
16.61.545 Repealed.
16.61.549 Repealed.
16.61.550 Repealed.
16.61.552 Repealed.
16.61.554 Repealed.
16.61.555 Repealed.
16.61.556 Repealed.
16.61.557 Repealed.
16.61.558 Repealed.
16.61.559 Repealed.
16.61.560 Stopping, Standing or Parking Outside Business or Residence Districts.
16.61.561 Parking Time Limited and Regulated.
16.61.562 Parking Nonpassenger Vehicles in Residence Zones.
16.61.563 Parking in Alley Regulated.
16.61.564 Parking Restricted for Snow Removal or Other Street Needs.
16.61.565 Parking in Such Manner as to Obstruct Traffic.
16.61.566 Standing at Angle to Curb and Backing to Curb Regulated.
16.61.567 Prohibited Parking Practices.
16.61.570 Stopping, Standing or Parking Prohibited in Specified Places – Reserving Portion of Highway Prohibited.
16.61.5701 Establishment of Special Parking Zones.
16.61.5702 Taxicab Zones.
16.61.5703 Commercial Loading Zones.
16.61.5704 Use of Passenger Zones.
16.61.5705 Taxicabs and Buses to Park Only in Designated Stands – Rights of Other Vehicles in Such Zones.
16.61.5706 No Parking in Fire Lane.
16.61.575 Additional Parking Regulations.
16.61.580 Repealed.
16.61.581 Indication of Parking Space for Disabled Persons – Failure, Penalty.
16.61.582 Free Parking by Disabled Persons.
16.61.583 Special Plate or Card Issued by Another Jurisdiction.
16.61.584 Repealed.
16.61.585 Repealed.
16.61.586 Repealed.
16.61.587 Repealed.
16.61.588 Repealed.
16.61.589 Appointment of Registered Disposers.
16.61.590 Unattended Motor Vehicle – Removal from Highway.
16.61.5902 Parking Meter Areas.
16.61.5904 Installation.
16.61.5906 Parking Spaces Marked – Must Park in Stalls.
16.61.5908 Method of Parking.
16.61.591 Repealed.
16.61.5910 Parking Time Limit – Deposit of Coins – Maximum Parking Time – Certain Holidays Excepted – Parking Permit.
16.61.5912 Repealed.
16.61.5914 Feeding Meter Beyond Maximum Parking Time.
16.61.5916 Unlawful to Park Against Meter Indication.
16.61.5918 Must Use Lawful Coins.
16.61.592 Repealed.
16.61.5920 Repealed.
16.61.5921 No Parking at Hooded Meter.
16.61.5922 Penalties.
16.61.5924 Failure to Comply with Notice of Violation.
16.61.595 Repealed.
16.61.596 Repealed.
16.61.597 Repealed.
16.61.598 Repealed.
16.61.600 Unattended Motor Vehicle.
16.61.603 Excessive Idling.
16.61.605 Limitations on Backing.
16.61.606 Driving on Sidewalk Prohibited – Exception.
16.61.608 Operating Motorcycles on Roadways Laned for Traffic.
16.61.610 Riding on Motorcycles.
16.61.611 Motorcycles – Maximum Height for Handlebars.
16.61.612 Riding on Motorcycles – Both feet Not to be On Same Side.
16.61.613 Motorcycles – Temporary Suspension of Restrictions for Parades or Public Demonstrations.
16.61.614 Riding on Motorcycles – Clinging to Other Vehicles.
16.61.615 Obstructions to Driver’s View or Driving Mechanism.
16.61.620 Opening and Closing Vehicle Doors.
16.61.625 Riding in Trailers or Towed Vehicles.
16.61.630 Coasting Prohibited.
16.61.635 Following Fire Apparatus Prohibited.
16.61.640 Crossing Fire Hose.
16.61.645 Throwing Dangerous Materials on Highway Prohibited – Removal.
16.61.655 Dropping Load, Other Materials – Covering.
16.61.660 Carrying Persons or Animals On Outside Part of Vehicle.
16.61.663 Ski-jogging.
16.61.665 Embracing Another While Driving.
16.61.670 Driving with Wheels Off Roadway.
16.61.675 Causing or Permitting Vehicle to be Unlawfully Operated.
16.61.680 Lowering Passenger Motor Vehicle Below Legal Clearance – Penalty.
16.61.685 Leaving Children Unattended in Standing Vehicle with Motor Running – Penalty.
16.61.687 Child Passenger Restraint Required – Conditions – Exceptions – Penalty for Violation – Dismissal – Noncompliance Not Negligence.
16.61.688 Safety Belts, Use Required – Penalties – Exemptions.
16.61.690 Repealed.
16.61.695 Repealed.
16.61.700 Parent or Guardian Shall Not Authorize or Permit Violation by a Child or Ward.
16.61.710 Mopeds, Electric-assisted Bicycles – General Requirements and Operation.
16.61.715 Repealed.
16.61.716 Repealed.
16.61.717 Repealed.
16.61.718 Repealed.
16.61.720 Mopeds – Safety Standards.
16.61.730 Wheelchair Conveyances.
16.61.740 Obstructing Traffic at Intersections.
16.61.742 Use of Coasters, Roller Skates and Similar Devices Restricted.
16.61.744 Dragging and Rough-lock Prohibited.
16.61.746 Unnecessary Motor Noise Prohibited.
16.61.748 Unlawful to Drive Across Freshly Painted Line.
16.61.750 Effect of Regulations – Penalty.
16.61.755 Traffic Laws Apply to Persons Riding Bicycles.
16.61.758 Hand Signals.
16.61.760 Riding on Bicycles.
16.61.765 Clinging to Vehicles.
16.61.770 Riding on Roadways and Bicycle Paths.
16.61.775 Carrying Articles.
16.61.780 Lamps and Other Equipment on Bicycles.
16.61.783 Repealed.
16.61.785 Repealed.
16.61.787 Sidewalk Riding and Parking Regulated.
16.61.790 Repealed.
16.61.795 Authority of the Mayor to Prohibit Riding of Bicycles.
16.61.800 Theft of Motor Vehicle Fuel.
16.61.005 Chapter Refers to Vehicles upon Highways – Exceptions.
The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:
1. Where a different place is specifically referred to in a given section;
2. The provisions of RCW 46.52.010 through 46.52.090 and 46.61.500 through 46.61.525, or the equivalent provisions of this title, shall apply upon highways and elsewhere throughout the city.
[Ord. C31398 § 264; Passed: 6/5/1995]
16.61.015 Obedience to Police Officers, Flaggers or Fire Fighters – Penalty.
No person shall willfully fail or refuse to comply with any lawful order or direction of any duly authorized flagger or any police officer or fire fighter invested by law with authority to direct, control or regulate traffic.
[Ord. C32707; Passed: 9/5/2000]
16.61.020 Refusal to Give Information to or Cooperate with Officer.
It is unlawful for any person while operating or in charge of any vehicle to refuse when requested by a police officer to give his name and address and the name and address of the owner of such vehicle, or for such person to give a false name and address, and it is likewise unlawful for any such person to refuse or neglect to stop when signaled to stop by any police officer or to refuse upon demand of such police officer to produce his certificate of license registration of such vehicle, his insurance identification card, or his vehicle driver’s license or to refuse to permit such officer to take any such license, card, or certificate for the purpose of examination thereof or to refuse to permit the examination of any equipment of such vehicle or the weighing of such vehicle or to refuse or neglect to produce the certificate of license registration of such vehicle, insurance card, or his vehicle driver’s license when requested by any court. Any police officer shall on request produce evidence of his authorization as such.
[Ord. C31398 § 266; Passed: 6/5/1995]
Cross Reference: Rules of Court: Bail in criminal traffic offense cases – Mandatory appearance – CrRLJ 3.2.
16.61.021 Duty to Obey Law Enforcement Officer – Authority of Officer.
1. Any person requested or signaled to stop by a law enforcement officer for a traffic infraction has a duty to stop.
2. Whenever any person is stopped for a traffic infraction, the officer may detain that person for a reasonable period of time necessary to identify the person, check for outstanding warrants, check the status of the person’s license, insurance identification card, and the vehicle’s registration, and complete and issue a notice of traffic infraction.
3. Any person requested to identify himself to a law enforcement officer pursuant to an investigation of a traffic infraction has a duty to identify himself, give his current address, and sign an acknowledgement of receipt of the notice of infraction. (Chapter 1, Laws of 1997, 1st ex. sess., section 1)
[Ord. C32040 § 17; Passed: 11/24/1997]
16.61.022 Failure to Obey Officer – Penalty.
Any person who willfully fails to stop when requested or signaled to do so by a person reasonably identifiable as a law enforcement officer or to comply with RCW 46.61.021(3), or the equivalent provisions of this title, is guilty of a misdemeanor.
[Ord. C31398 § 268; Passed: 6/5/1995]
Cross Reference: Rules of Court: Bail in criminal traffic offense cases – Mandatory appearance – CrRLJ 3.2.
16.61.025 Persons Riding Animals or Driving Animal-drawn Vehicles.
Every person riding an animal or driving any animal-drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter except those provisions of this chapter which by their very nature can have no application.
[Ord. C31398 § 269; Passed: 6/5/1995]
16.61.030 Persons Working on Highway Right-of-Way – Exceptions.
Unless specifically made applicable, the provisions of this chapter except those contained in RCW 46.61.500 through 46.61.520, or the equivalent provisions of this title, shall not apply to persons, motor vehicles and other equipment while engaged in work within the right-of-way of any highway but shall apply to such persons and vehicles when traveling to or from such work.
[Ord. C31398 § 270; Passed: 6/5/1995]
16.61.035 Authorized Emergency Vehicles.
1. The driver of an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.
2. The driver of an authorized emergency vehicle may:
a. Park or stand, irrespective of the provisions of this chapter;
b. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;
c. Exceed the maximum speed limits so long as he does not endanger life or property;
d. Disregard regulations governing direction of movement or turning in specified directions.
3. The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of visual signals meeting the requirements of RCW 46.37.190, except that:
a. an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle;
b. authorized emergency vehicles shall use audible signals when necessary to warn others of the emergency nature of the situation but in no case shall they be required to use audible signals while parked or standing.
4. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.
[Ord. C31398 § 271; Passed: 6/5/1995]
16.61.050 Obedience to and Required Traffic Control Devices.
1. The driver of any vehicle, every bicyclist, and every pedestrian shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this RCW chapter 46.61, unless otherwise directed by a traffic or police officer, subject to the exception granted the driver of an authorized emergency vehicle in this chapter.
2. No provision of this chapter for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible or visible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place.
3. Whenever official traffic control devices are placed in position approximately conforming to the requirements of this RCW chapter 46.61, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
4. Any official traffic control device placed pursuant to the provisions of this RCW chapter 46.61 and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence.
[Ord. C31398 § 272; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2;
Bicycle awareness program: RCW 43.43.390.
16.61.055 Traffic Control Signal Legend.
Whenever traffic is controlled by traffic control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word or legend, and said lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
1. Green indication.
a. Vehicle operators facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. Vehicle operators turning right or left shall stop to allow other vehicles lawfully within the intersection control area to complete their movements. Vehicle operators turning right or left shall also stop for pedestrians who are lawfully within the intersection control area as required by RCW 46.61.235(1), or the equivalent provisions of this title.
b. Vehicle operators facing a green arrow signal, shown alone or in combination with another indication, may enter the intersection control area only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Vehicle operators shall stop to allow other vehicles lawfully within the intersection control area to complete their movements. Vehicle operators shall also stop for pedestrians who are lawfully within the intersection control area as required by RCW 46.61.235(1), or the equivalent provisions of this title.
c. Unless otherwise directed by a pedestrian control signal, as provided in RCW 46.61.060, or the equivalent provisions of this title, as now or hereafter amended, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
2. Steady yellow indication.
a. Vehicle operators facing a steady circular yellow or yellow arrow signal are thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. Vehicle operators shall stop for pedestrians who are lawfully within the intersection control area as required by RCW 46.61.235(1), or the equivalent provisions of this title.
b. Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian control signal as provided in RCW 46.61.060, or the equivalent provisions of this title, shall not enter the roadway.
3. Steady red indication.
a. Vehicle operators facing a steady circular red signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection control area and shall remain standing until an indication to proceed is shown. However, the vehicle operators facing a steady circular red signal may, after stopping proceed to make a right turn from a one-way or two-way street into a two-way street or into a one-way street carrying traffic in the direction of the right turn; or a left turn from a one-way or two-way street into a one-way street carrying traffic in the direction of the left turn; unless a sign posted by competent authority prohibits such movement. Vehicle operators planning to make such turns shall remain stopped to allow other vehicles lawfully within or approaching the intersection control area to complete their movements. Vehicle operators planning to make such turns shall also remain stopped for pedestrians who are lawfully within the intersection control area as required by RCW 46.61.235(1), or the equivalent provisions of this title.
b. Unless otherwise directed by a pedestrian control signal as provided in RCW 46.61.060, or the equivalent provisions of this title, as now or hereafter amended, pedestrians facing a steady circular red signal alone shall not enter the roadway.
c. Vehicle operators facing a steady red arrow indication may not enter the intersection control area to make the movement indicated by such arrow, and unless entering the intersection control area to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line, but if none, before entering a crosswalk on the near side of the intersection control area, or if none, then before entering the intersection control area and shall remain standing until an indication to make the movement indicated by such arrow is shown. However, the vehicle operators facing a steady red arrow indication may, after stopping proceed to make a right turn from a one-way or two-way street into a two-way street or into a one-way street carrying traffic in the direction of the right turn; or a left turn from a one-way street or two-way street into a one-way street carrying traffic in the direction of the left turn; unless a sign posted by competent authority prohibits such movement. Vehicle operators planning to make such turns shall remain stopped to allow other vehicles lawfully within or approaching the intersection control area to complete their movements. Vehicle operators planning to make such turns shall also remain stopped for pedestrians who are lawfully within the intersection control area as required by RCW 46.61.235(1), or the equivalent provisions of this title.
d. Unless otherwise directed by a pedestrian signal, pedestrians facing a steady red arrow signal indication shall not enter the roadway.
4. If an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.
[Ord. C31398 § 273; Passed: 6/5/1995]
16.61.060 Pedestrian Control Signals.
Whenever pedestrian control signals exhibiting the words “Walk” or the walking person symbol or “Don’t Walk” or the hand symbol are operating, the signals shall indicate as follows:
1. WALK or walking person symbol – Pedestrians facing such signal may cross the roadway in the direction of the signal. Vehicle operators shall stop for pedestrians who are lawfully moving within the intersection control area on such signal as required by RCW 46.61.235(1), or the equivalent provisions of this title.
2. Steady or flashing “Don’t Walk” or hand symbol – Pedestrians facing such signal shall not enter the roadway. Vehicle operators shall stop for pedestrians who have begun to cross the roadway before the display of either signal as required by RCW 46.61.235(1), or the equivalent provisions of this title.
3. Pedestrian control signals having the “Wait” legend in use on August 6, 1965, shall be deemed authorized signals and shall indicate the same as the “Don’t Walk” legend. Whenever such pedestrian control signals are replaced the legend “Wait” shall be replaced by the legend “Don’t Walk” or the hand symbol.
[Ord. C31398 § 274; Passed: 6/5/1995]
16.61.065 Flashing Signals.
1. Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:
a. Flashing Red (Stop Signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line, but if none, before entering a marked crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
b. Flashing Yellow (Caution Signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
2. This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules as set forth in RCW 46.61.340, or the equivalent provisions of this title.
[Ord. C31398 § 275; Passed: 6/5/1995]
16.61.070 Lane-direction-control Signals.
When lane-direction-control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane over which a green signal is shown, but shall not enter or travel in any lane over which a red signal is shown.
[Ord. C31398 § 276; Passed: 6/5/1995]
16.61.072 Special Traffic Control Signals – Legend.
Whenever special traffic control signals exhibit a downward green arrow, a yellow X, or a red X indication, such signal indication shall have the following meaning:
1. A steady downward green arrow means that a driver is permitted to drive in the lane over which the arrow signal is located.
2. A steady yellow X or flashing red X means that a driver should prepare to vacate, in a safe manner, the lane over which the signal is located because a lane control change is being made, and to avoid occupying that lane when a steady red X is displayed.
3. A flashing yellow X means that a driver is permitted to use a lane over which the signal is located for a left turn, using proper caution.
4. A steady red X means that a driver shall not drive in the lane over which the signal is located, and that this indication shall modify accordingly the meaning of all other traffic controls present. The driver shall obey all other traffic controls and follow normal safe driving practices.
[Ord. C31398 § 277; Passed: 6/5/1995]
16.61.075 Display of Unauthorized Signs, Signals or Markings.
1. No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of an official traffic-control device or any railroad sign or signal.
2. No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising.
3. This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.
4. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice.
[Ord. C31398 § 278; Passed: 6/5/1995]
16.61.077 Signage that may be Required.
Whenever the street director determines that to protect life, limb or property, facilitate the movement of traffic, prevent traffic congestion, or maintain the most efficient transportation use of the streets or alleys, any of the following vehicular movements should be prohibited or required, it shall be incumbent upon and the duty of the owner or agent of property designated by the street director, when so ordered by such official, to install and maintain on such property one or more signs subject to approval by the street director as to sign design and location, indicating that the following vehicular movement(s) are prohibited or required, as specified by the street director:
A. making a left turn or right turn from an off-street garage, parking lot, or other vehicular facility served by a driveway or other route commonly used for travel;
B. obtaining ingress to or egress from private property by way of a specified driveway or other route commonly used for travel;
C. backing into a street area from a driveway; or
D. stopping or yielding for oncoming traffic.
[Ord. C33112 § 49; Passed: 11/18/2002]
16.61.080 Interference with Official Traffic-control Devices or Railroad Signs or Signals.
No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, or remove any official traffic-control device or any railroad sign or signal or any inscription, shield, or insignia thereon, or any other part thereof.
[Ord. C31398 § 279; Passed: 6/5/1995]
Cross Reference: Interference with traffic-control signals or railroad signs or signals: RCW 47.36.130.
16.61.100 Keep Right Except when Passing, etc.
1. Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
a. When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;
b. When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;
c. Upon a roadway divided into three marked lanes and providing for two-way movement traffic under the rules applicable thereon; or
d. Upon a street or highway restricted to one-way traffic.
2. Upon all roadways having two or more lanes for traffic moving in the same direction, all vehicles shall be driven in the right-hand lane then available for traffic, except:
a. when overtaking and passing another vehicle proceeding in the same direction,
b. when traveling at a speed greater than the traffic flow,
c. when moving left to allow traffic to merge, or
d. when preparing for a left turn at an intersection, exit, or into a private road or driveway when such left turn is legally permitted. On any such roadway, a vehicle or combination over ten thousand pounds shall be driven only in the right-hand lane except under the conditions enumerated in subsections (2)(a) through (2)(d) of this section.
3. No vehicle towing a trailer or no vehicle or combination over ten thousand pounds may be driven in the left-hand lane of a limited access roadway having three or more lanes for traffic moving in one direction except when preparing for a left turn at an intersection, exit, or into a private road or driveway when a left turn is legally permitted. This subsection does not apply to a vehicle using a high-occupancy vehicle lane. A high-occupancy vehicle lane is not considered the left-hand lane of a roadway...
4. It is a traffic infraction to drive continuously in the left lane of a multilane roadway when it impedes the flow of other traffic.
5. Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, a vehicle shall not be driven to the left of the center line of the roadway except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subsection (1)(b) of this section. However, this subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway. (Chapter 253, 1997 Laws, section 1)
[Ord. C32040 § 12; Passed: 11/24/1997]
Cross Reference: Information on proper use of left-hand lane: RCW 28A.220.050, 46.20.095, 46.82.430, 47.36.260.
16.61.105 Passing Vehicles Proceeding in Opposite Directions.
Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible.
[Ord. C31398 § 281; Passed: 6/5/1995]
16.61.110 Overtaking a Vehicle on the Left.
The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:
1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
2. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
[Ord. C31398 § 282; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.115 When Overtaking on the Right is Permitted.
1. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
a. When the vehicle overtaken is making or about to make a left turn;
b. Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
2. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway.
[Ord. C31398 § 283; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.120 Limitations on Overtaking on the Left.
No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of RCW 46.61.100 through 46.61.160, or the equivalent provisions of this title, and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of any approaching vehicle.
[Ord. C31398 § 284; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.125 Further Limitations on Driving to Left of Center of Roadway.
1. No vehicle shall be driven on the left side of the roadway under the following conditions:
a. When approaching or upon the crest of a grade or a curve in the highway where the driver’s view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
b. When approaching within one hundred feet of or traversing any intersection or railroad grade crossing;
c. When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct or tunnel.
2. The foregoing limitations shall not apply upon a one-way roadway, nor under the conditions described in RCW 46.61.100(1)(b), or the equivalent provisions of this title, nor to the driver of a vehicle turning left into or from an alley, private road or driveway.
[Ord. C31398 § 285; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.130 No-passing Zones.
1. The state department of transportation and the local authorities are authorized to determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones. When such signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof.
2. Where signs or markings are in place to define a no-passing zone as set forth in subsection (1) of this section, no driver may at any time drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length.
3. This section does not apply under the conditions described in RCW 46.61.100(1)(b), or the equivalent provisions of this title, nor to the driver of a vehicle turning left into or from an alley, private road or driveway.
[Ord. C31398 § 286; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.135 One-way Roadways and Rotary Traffic Islands.
1. The state department of transportation and the local authorities with respect to highways under their respective jurisdictions may designate any highway, roadway, part of a roadway, or specific lanes upon which vehicular traffic shall proceed in one direction at all or such times as shall be indicated by official traffic control devices.
2. Upon a roadway so designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic control devices.
3. A vehicle passing around a rotary traffic island shall be driven only to the right of such island.
[Ord. C31398 § 287; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.140 Driving on Roadways Laned for Traffic.
Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules in addition to all other consistent herewith shall apply:
1. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
2. Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices.
3. Official traffic-control devices may be erected directing slow moving or other specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device.
4. Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device.
[Ord. C31398 § 288; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.145 Following Too Closely.
1. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
2. The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.
3. Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.
[Ord. C31398 § 289; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.150 Driving on Divided Highways.
Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section or by a median island not less than eighteen inches wide formed either by solid yellow pavement markings or by a yellow crosshatching between two solid yellow lines so installed as to control vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers. No vehicle shall be driven over, across, or within any such dividing space, barrier or section, or median island, except through an opening in such physical barrier or dividing section or space or median island, or at a crossover or intersection established by public authority.
[Ord. C31398 § 290; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.155 Restricted Access.
No person shall drive a vehicle onto or from any limited access roadway except at such entrances and exits as are established by public authority.
[Ord. C31398 § 291; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.160 Restrictions on Use of Limited-access Highway – Use by Bicyclists.
The department of transportation may by order, and local authorities may by ordinance or resolution, with respect to any limited-access highway under their respective jurisdictions prohibit the use of any such highway by funeral processions, or by parades, pedestrians, bicycles or other nonmotorized traffic, or by any person operating a motor-driven cycle. Bicyclists may use the right shoulder of limited-access highways except where prohibited. The department of transportation may by order, and local authorities may by ordinance or resolution, with respect to any limited-access highway under their respective jurisdictions prohibit the use of the shoulders of any such highway by bicycles within urban areas or upon other sections of the highway where such use is deemed to be unsafe.
The department of transportation or the local authority adopting any such prohibitory regulation shall erect and maintain official traffic control devices on the limited-access roadway on which such regulations are applicable, and when so erected no person may disobey the restrictions stated on such devices.
[Ord. C31398 § 292; Passed: 6/5/1995]
16.61.165 Repealed.
Repealed.
[Ord. C31398 § 293; Passed: 6/5/1995]
16.61.180 Vehicle Approaching Intersection.
1. When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
2. The right-of-way rule declared in subsection (1) of this section is modified at arterial highways and otherwise as stated in this chapter.
[Ord. C31398 § 294; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.183 Nonfunctioning Traffic Controls.
Except when directed to proceed by a flagger, police officer, or fire fighter, the driver of a vehicle approaching an intersection controlled by a traffic control signal that is temporarily without power on all approaches or is not displaying any green, red, or yellow indication to the approach the vehicle is on, shall consider the intersection to be an all-way stop. After stopping, the driver shall yield the right-of-way in accordance with SMC 16.61.180(1) and 16.61.185.
[Ord. C32489 § 16; Passed: 9/13/1999]
16.61.185 Vehicle Turning Left.
The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.
[Ord. C31398 § 295; Passed: 6/5/1995]
16.61.190 Vehicle Entering Stop or Yield Intersection.
1. Preferential right-of-way may be indicated by stop signs or yield signs as authorized in RCW 47.36.110.
2. Except when directed to proceed by a duly authorized flagger, or a police officer, or a fire fighter vested by law with authority to direct, control, or regulate traffic, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering a marked crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the roadway, and after having stopped shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways.
3. The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering a marked crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the roadway, and then after slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways; provided, that if such a driver is involved in a collision with a vehicle in the intersection or junction of roadways, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of the driver’s failure to yield the right-of-way.
[Ord. C32707; Passed: 9/5/2000]
Cross Reference: Stop signs, Yield signs – Duties of persons using highway: RCW 47.36.110.
16.61.200 Repealed.
Repealed.
[Ord. C31398 § 297; Passed: 6/5/1995]
16.61.202 Stopping when Traffic Obstructed.
No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle he is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains notwithstanding any traffic control signal indications to proceed.
[Ord. C31398 § 298; Passed: 6/5/1995]
16.61.205 Vehicle Entering Highway from Private Road or Driveway.
The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles lawfully approaching on said highway.
[Ord. C31398 § 299; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.207 Entering and Emerging from Alleys in Congested District.
1. Within the congested district, vehicles shall enter north and south alleys from the north and leave from the south; enter east and west alleys from the east and leave from the west, unless otherwise directed by official signs. Except as permitted in subsection (2) of this section, all such alleys shall be entered by a right-hand turn only; provided, that north bound traffic on Washington Street shall be permitted to enter the westerly ninety feet of the alley between Riverside Avenue and Main Avenue from the west; provided further, that the alley running east and west located south of First Avenue between Jefferson and Adams Streets shall be a two-way alley, and traffic may enter or leave either from the east or west; and the street director is directed to post said alleys with official signs.
2. Every vehicle entering or emerging from an alley, private driveway, or enclosure within the congested district shall turn to the right and proceed with traffic; provided, that when the driver of any vehicle emerging from an alley within the congested district desires to cross the street or highway and enter the alley on the opposite side thereof, he may do so without turning to the right and into the line of traffic, but in crossing the street or highway he shall use due caution and shall yield the right-of-way to other vehicles upon the street or highway; and, further provided, that the portion of Main Avenue lying west of the west line of Monroe Street is expressly excluded from the provision of this subsection requiring right turns only, and every vehicle emerging from an alley, private driveway or enclosure within the excluded area above described may turn either right or left. All other provisions of this subsection, except those above excluded, shall be in full force and effect.
[Ord. C33112 § 50; Passed: 11/18/2002]
16.61.210 Operation of Vehicles on Approach of Authorized Emergency Vehicles.
1. Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of RCW 46.37.190, or of a police vehicle properly and lawfully making use of an audible signal only the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
2. This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
[Ord. C31398 § 301; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.215 Highway Construction and Maintenance.
1. The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian actually engaged in work upon a highway within any highway construction or maintenance area indicated by official traffic control devices.
2. The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway whenever such vehicle displays flashing lights meeting the requirements of RCW 46.37.300.
[Ord. C31398 § 302; Passed: 6/5/1995]
16.61.220 Transit Vehicles.
1. The driver of a vehicle shall yield the right-of-way to a transit vehicle traveling in the same direction that has signalled and is reentering the traffic flow.
2. Nothing in this section shall operate to relieve the driver of a transit vehicle from the duty to drive with due regard for the safety of all persons using the roadway.
[Ord. C31398 § 303; Passed: 6/5/1995]
16.61.221 Repealed.
Repealed.
[Ord. C31398 § 304; Passed: 6/5/1995]
16.61.230 Pedestrians Subject to Traffic Regulations.
Pedestrians shall be subject to traffic-control signals at intersections as provided in RCW 46.61.060, or the equivalent provisions of this title, and at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter.
[Ord. C31398 § 305; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.235 Crosswalks.
1. The operator of an approaching vehicle shall stop and remain stopped to allow a pedestrian or bicycle to cross the roadway within an unmarked or marked crosswalk when the pedestrian or bicycle is upon or within one lane of the half of the roadway upon which the vehicle is traveling or onto which it is turning. For purposes of this section “half of the roadway” means all traffic lanes carrying traffic in one direction of travel, and includes the entire width of a one-way roadway.
2. No pedestrian or bicycle shall suddenly leave a curb or other place of safety and walk, run, or otherwise move into the path of a vehicle which is so close that it is impossible for the driver to stop.
3. Subsection (1) of this section does not apply under the conditions stated in RCW 46.61.240(2), or the equivalent provisions of this title.
4. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian or bicycle to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
[Ord. C32707; Passed: 9/5/2000]
16.61.237 Special Pedestrian Crossings.
1. The mayor is authorized to establish special pedestrian crossings in the vicinity of schools and at other points where the volume of vehicular traffic and the absence of adequate traffic-control devices make crossing the street or highway especially dangerous to pedestrians at such locations. When special pedestrian crossings are so authorized, they shall be plainly marked in a manner to be determined by the street director, and the street director is authorized to install standard signs conforming to the provisions of the Manual of Uniform Traffic Control Devices as published by the State of Washington department of transportation, indicating that vehicles shall stop when such pedestrian crossing is occupied. Such signs may be installed permanently at the side of the roadway or may be placed on movable standards in the center of the roadway during the hours when the volume of traffic makes crossing by pedestrians especially hazardous.
2. No operator of a vehicle shall drive such vehicle into a crosswalk designated and sign-posted as a school crossing or as a pedestrian crossing when a pedestrian is in such crosswalk upon the same side of the roadway as said vehicle, or when a pedestrian in said crosswalk is about to enter the side of the roadway toward which the vehicle is approaching.
[Ord. C33112 § 51; Passed: 11/18/2002]
16.61.240 Crossing at Other Than Crosswalks.
1. Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
2. Where curb ramps exist at or adjacent to intersections or at marked crosswalks in other locations, disabled persons may enter the roadway from the curb ramps and cross the roadway within or as closely as practicable to the crosswalk. All other pedestrian rights and duties as defined elsewhere in this chapter remain applicable.
3. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
4. Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.
5. No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
6. No pedestrian shall cross a roadway at an unmarked crosswalk where an official sign prohibits such crossing.
[Ord. C31398; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.245 Drivers to Exercise Care.
Notwithstanding the foregoing provisions of this chapter every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person upon a roadway.
[Ord. C31398 § 309; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2;
Blind pedestrians: RCW ch. 70.84.
16.61.250 Pedestrians on Roadways.
1. Where sidewalks are provided it is unlawful for any pedestrian to walk or otherwise move along and upon an adjacent roadway. Where sidewalks are provided but wheelchair access is not available, disabled persons who require such access may walk or otherwise move along and upon an adjacent roadway until they reach an access point in the sidewalk.
2. Where sidewalks are not provided any pedestrian walking or otherwise moving along and upon a highway shall, when practicable, walk or move only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction and upon meeting an oncoming vehicle shall move clear of the roadway.
[Ord. C31398 § 310; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.255 Pedestrians Soliciting Rides or Business.
1. No person shall stand in or on a public roadway or alongside thereof at any place where a motor vehicle cannot safely stop off the main traveled portion thereof for the purpose of soliciting a ride for himself or for another from the occupant of any vehicle.
2. It is unlawful for any person to solicit a ride for himself or another from within the right-of-way of any limited-access facility except in such areas where permission to do so is given and posted by the highway authority of the state, county, city or town having jurisdiction over the highway.
3. The provisions of subsections “1” and “2” above shall not be construed to prevent a person upon a public highway from soliciting, or a driver of a vehicle from giving a ride where an emergency actually exists, nor to prevent a person from signaling or requesting transportation from a passenger carrier for the purpose of becoming a passenger thereon for hire.
4. No person shall stand in a roadway for the purpose of soliciting employment or business from the occupant of any vehicle.
5. No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.
6. Reserved.
[Ord. C31398 § 311; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.260 Driving Through Safety Zone Prohibited.
No vehicle shall at any time be driven through or within a safety zone.
[Ord. C31398 § 312; Passed: 6/5/1995]
16.61.261 Sidewalks, Crosswalks – Pedestrians, Bicycles.
The driver of a vehicle shall yield the right-of-way to any pedestrian or bicycle on a sidewalk. The rider of a bicycle shall yield the right-of-way to a pedestrian on a sidewalk or crosswalk.
[Ord. C32707; Passed: 9/5/2000]
16.61.264 Pedestrians Yield to Emergency Vehicles.
1. Upon the immediate approach of an authorized emergency vehicle making use of an audible signal meeting the requirements of RCW 46.37.380(4) and visual signals meeting the requirements of RCW 46.37.190, or of a police vehicle meeting the requirements of RCW 46.61.035(3), or the equivalent provisions of this title, every pedestrian shall yield the right-of-way to the authorized emergency vehicle.
2. This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway nor from the duty to exercise due care to avoid colliding with any pedestrian.
[Ord. C31398 § 314; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.266 Pedestrians Under the Influence of Alcohol or Drugs.
A law enforcement officer may offer to transport a pedestrian who appears to be under the influence of alcohol or any drug and who is walking or moving along or within the right-of-way of a public roadway, unless the pedestrian is to be taken into protective custody under RCW 70.96A.120.
The law enforcement officer offering to transport an intoxicated pedestrian under this section shall:
1. Transport the intoxicated pedestrian to a safe place; or
2. Release the intoxicated pedestrian to a competent person.
The law enforcement officer shall take no action if the pedestrian refuses this assistance. No suit or action may be commenced or prosecuted against the law enforcement officer, law enforcement agency, the state of Washington, or any political subdivision of the state for any act resulting from the refusal of the pedestrian to accept this assistance.
[Ord. C31398 § 315; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.269 Passing Beyond Bridge or Grade Crossing Barrier Prohibited.
1. No pedestrian shall enter or remain upon any bridge or approach thereto beyond a bridge signal gate, or barrier indicating a bridge is closed to through traffic, after a bridge operation signal indication has been given.
2. No pedestrian shall pass through, around, over or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.
[Ord. C31398 § 316; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.290 Required Position and Method of Turning at Intersections.
The driver of a vehicle intending to turn shall do so as follows:
1. Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
2. Left turns. The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle. Whenever practicable the left turn shall be made to the left of the center of the intersection and so as to leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as the vehicle on the roadway being entered.
3. Two-way left turn lanes.
a. The street department and local authorities in their respective jurisdictions may designate a two-way left turn lane on a roadway. A two-way left turn lane is near the center of the roadway set aside for use by vehicles making left turns in either direction from or into the roadway.
b. Two-way left turn lanes shall be designated by distinctive uniform roadway markings. The street department shall determine and prescribe standards and specifications governing type, length, width, and positioning of the distinctive permanent markings. The standards and specifications developed shall be filed with the code reviser in accordance with the procedures set forth in the administrative procedure act, RCW chapter 34.05. On and after July 1, 1971, permanent markings designating a two-way left turn lane shall conform to such standards and specifications.
c. Upon a roadway where a center lane has been provided by distinctive pavement markings for the use of vehicles turning left from either direction, no vehicles may turn left from any other lane. A vehicle shall not be driven in this center lane for the purpose of overtaking or passing another vehicle proceeding in the same direction. No vehicle may travel further than three hundred feet within the lane. A signal, either electric or manual, for indicating a left turn movement, shall be made at least one hundred feet before the actual left turn movement is made.
4. The street director may cause official traffic-control devices to be placed and thereby require and direct that a different course from that specified in this section be traveled by turning vehicles, and when the devices are so placed no driver of a vehicle may turn a vehicle other than as directed and required by the devices. (Chapter 202, 1997 Laws, section 1)
[Ord. C33112 § 52; Passed: 11/18/2002]
16.61.295 “U” Turns.
1. The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic.
2. No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet.
3. It is unlawful for the driver of any vehicle to make a U-turn at any place upon any City street within the congested district or upon any arterial outside of the congested district except when authorized by the street director and the street has been properly posted. U-turns shall be lawful if made at an intersection upon other City streets.
[Ord. C33112 § 53; Passed: 11/18/2002]
16.61.300 Starting Parked Vehicle.
No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety.
[Ord. C31398 § 319; Passed: 6/5/1995]
Cross Reference: Monetary penalty schedule – JTIR 6.2.
16.61.305 Turning, Stopping, Moving Right or Left – Signals Required – Improper Use Prohibited.
1. No person shall turn a vehicle or move right or left upon a roadway unless and until such movement can be made with reasonable safety nor without giving an appropriate signal in the manner hereinafter provided.
2. A signal of intention to turn or move right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.
3. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
4. The signals provided for in RCW 46.61.310(2), or the equivalent provisions of this title, shall not be flashed on one side only on a disabled vehicle, flashed as a courtesy or “do pass” signal to operators of other vehicles approaching from the rear, nor be flashed on one side only of a parked vehicle except as may be necessary for compliance with this section.
[Ord. C31398 § 320; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.310 Signals by Hand and Arm or Signal Lamps.
1. Any stop or turn signal when required herein shall be given either by means of the hand and arm or by signal lamps, except as otherwise provided in subsection (2) of this section.
2. Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds twenty-four inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen feet. The latter measurements shall apply to any single vehicle, also to any combination of vehicles.
[Ord. C31398 § 321; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.315 Method of Giving Hand and Arm Signals.
All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:
1. Left turn. Hand and arm extended horizontally.
2. Right turn. Hand and arm extended upward.
3. Stop and decrease speed. Hand and arm extended downward.
[Ord. C31398 § 322; Passed: 6/5/1995]
16.61.340 Approaching Train Signal.
1. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until the crossing can be made safely. The foregoing requirements shall apply when:
a. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;
b. A crossing gate is lowered or when a human flagger gives or continues to give a signal of the approach or passage of a railroad train;
c. An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
2. No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
[Ord. C32707; Passed: 9/5/2000]
16.61.345 All Vehicles Must Stop at Certain Railroad Grade Crossings.
The state department of transportation and local authorities within their respective jurisdictions are authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs at those crossings. When such stop signs are erected the driver of any vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad and shall proceed only upon exercising due care.
[Ord. C31398 § 324; Passed: 6/5/1995]
16.61.350 Certain Vehicles Must Stop at All Railroad Grade Crossings – Exceptions.
1. The driver of any motor vehicle carrying passengers for hire, other than a passenger car, or of any school bus or private carrier bus carrying any school child or other passenger, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within fifty feet but not less than fifteen feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely. After stopping as required herein and upon proceeding when it is safe to do so the driver of any said vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing, and the driver shall not shift gears while crossing the track or tracks.
2. This section shall not apply at:
a. Any railroad grade crossing at which traffic is controlled by a police officer or a duly authorized flagman;
b. Any railroad grade crossing at which traffic is regulated by a traffic control signal;
c. Any railroad grade crossing protected by crossing gates or an alternately flashing light signal intended to give warning of the approach of a railroad train;
d. Any railroad grade crossing at which an official traffic control device as designated by the utilities and transportation commission pursuant to RCW 81.53.060 gives notice that the stopping requirement imposed by this section does not apply.
[Ord. C31398 § 325; Passed: 6/5/1995]
16.61.355 Moving Heavy Equipment at Railroad Grade Crossings – Notice of Intended Crossing.
1. No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.
2. Notice of any such intended crossing shall be given to the station agent of such railroad located nearest the intended crossing sufficiently in advance to allow such railroad a reasonable time to prescribe proper protection for such crossing.
3. Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
4. No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagger or otherwise of the immediate approach of a railroad train or car. If a flagger is provided by the railroad, movement over the crossing shall be under the flagger’s direction.
[Ord. C32707; Passed: 9/5/2000]
16.61.365 Emerging from Alley, Driveway or Building.
The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.
[Ord. C31398 § 327; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.370 Overtaking or Meeting School Bus – Duties of Bus Driver.
1. The driver of a vehicle upon overtaking or meeting from either direction any school bus which has stopped on the roadway for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such school bus when there is in operation on said school bus a visual signal as specified in RCW 46.37.190 and said driver shall not proceed until such school bus resumes motion or the visual signals are no longer activated.
2. The driver of a vehicle upon a highway divided into separate roadways as provided in RCW 46.61.150, or the equivalent provisions of this title, need not stop upon meeting a school bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging school children.
3. The driver of a vehicle upon a highway with three or more marked traffic lanes need not stop upon meeting a school bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging school children.
4. The driver of a school bus shall actuate the visual signals required by RCW 46.37.190 only when such bus is stopped on the roadway for the purpose of receiving or discharging school children.
5. The driver of a school bus may stop completely off the roadway for the purpose of receiving or discharging school children only when the school children do not have to cross the roadway. The school bus driver shall actuate the hazard warning lamps as defined in RCW 46.37.215 before loading or unloading school children at such stops.
6. A person found to have committed an infraction of subsection (1) of this section shall be assessed a monetary penalty equal to twice the total penalty assessed under RCW 46.63.110, or the equivalent provisions of this title. This penalty may not be waived, reduced, or suspended. Fifty percent of the money so collected shall be deposited into the school zone safety account in the custody of the state treasurer in accordance with RCW 46.61.440(3). (Chapter 80, 1997 Laws, section 1)
[Ord. C32040 § 14; Passed: 11/24/1997]
16.61.371 Violators of School Bus Stop Sign Laws – Identification by Vehicle Owner.
If a law enforcement officer investigating a violation of RCW 46.61.370, or the equivalent provisions of this title, has reasonable cause to believe that a violation has occurred, the officer may request the owner of the motor vehicle to supply information identifying the driver of the vehicle at the time the violation occurred. When requested, the owner of the motor vehicle shall identify the driver to the best of the owner’s ability. The owner of the vehicle is not required to supply identification information to the law enforcement officer if the owner believes the information is self-incriminating.
[Ord. C31398 § 329; Passed: 6/5/1995]
16.61.372 Violators of School Bus Stop Sign Laws – Report by Bus Driver – Law Enforcement Investigation.
1. The driver of a school bus who observes a violation of RCW 46.61.370, or the equivalent provisions of this title, may prepare a written report on a form provided by the state patrol or another law enforcement agency indicating that a violation has occurred. The driver of the school bus or a school official may deliver the report to a law enforcement officer of the state, county, or municipality in which the violation occurred but not more than seventy-two hours after the violation occurred. The driver shall include in the report the time and location at which the violation occurred, the vehicle license plate number, and a description of the vehicle involved in the violation.
2. The law enforcement officer shall initiate an investigation of the reported violation within ten working days after receiving the report described in subsection (1) of this section by contacting the owner of the motor vehicle involved in the reported violation and requesting the owner to supply information identifying the driver. Failure to investigate within the ten working day period does not prohibit further investigation or prosecution. If, after an investigation, the law enforcement officer is able to identify the driver and has reasonable cause to believe a violation of RCW 46.61.370, or the equivalent provisions of this title, has occurred, the law enforcement officer shall prepare a notice of traffic infraction and have it served upon the driver of the vehicle.
[Ord. C31398 § 330; Passed: 6/5/1995]
16.61.375 Overtaking or Meeting Private Carrier Bus – Duties of Bus Driver.
1. The driver of a vehicle upon overtaking or meeting from either direction any private carrier bus which has stopped on the roadway for the purpose of receiving or discharging any passenger shall stop the vehicle before reaching such private carrier bus when there is in operation on said bus a visual signal as specified in RCW 46.37.190 and said driver shall not proceed until such bus resumes motion or the visual signals are no longer activated.
2. The driver of a vehicle upon a highway divided into separate roadways as provided in RCW 46.61.150 need not stop upon meeting a private carrier bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging passengers.
3. The driver of a vehicle upon a highway with three or more lanes need not stop upon meeting a private carrier bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging passengers.
4. The driver of a private carrier bus shall actuate the visual signals required by RCW 46.37.190 only when such bus is stopped on the roadway for the purpose of receiving or discharging passengers.
5. The driver of a private carrier bus may stop a private carrier bus completely off the roadway for the purpose of receiving or discharging passengers only when the passengers do not have to cross the roadway. The private carrier bus driver shall actuate the hazard warning lamps as defined in RCW 46.37.215 before loading or unloading passengers at such stops.
[Ord. C31398 § 331; Passed: 6/5/1995]
16.61.380 Repealed.
Repealed.
[Ord. C31398 § 332; Passed: 6/5/1995]
16.61.385 School Patrol – Authority.
It shall be unlawful for the operator of any vehicle to fail to stop his vehicle when directed to do so by a school patrol sign or signal displayed by a member of the school patrol engaged in the performance of his duty and wearing or displaying appropriate insignia, and it shall further be unlawful for the operator of a vehicle to disregard any other reasonable directions of a member of the school patrol when acting in performance of his duties as such.
[Ord. C31398 § 333; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2;
Purpose – Statutory references – Severability – 1990 c 33: See RCW 28A.900.100 – 28A.900.102.
16.61.400 Basic Rule and Maximum Limits.
1. No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
2. Except when a special hazard exists that requires lower speed for compliance with subsection (1) of this section, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of such maximum limits:
a. Twenty-five miles per hour on city and town streets;
b. Thirty miles per hour on arterials;
c. Ten miles per hour in alleys;
d. Elsewhere as posted and signed. The maximum speed limits set forth in this section may be altered as authorized in RCW 46.61.405, 46.61.410, and 46.61.415.
3. The driver of every vehicle shall, consistent with the requirements of subsection (1) of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
[Ord. C32489 § 23; Passed: 9/13/1999]
16.61.425 Minimum Speed Regulation – Passing Slow Moving Vehicle.
1. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law; provided, that a person following a vehicle driving at less than the legal maximum speed and desiring to pass such vehicle may exceed the speed limit, subject to the provisions of RCW 46.61.120, or the equivalent provisions of this title, on highways having only one lane of traffic in each direction, at only such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety.
2. Whenever the secretary of transportation or local authorities within their respective jurisdictions determine on the basis of any engineering and traffic investigation that slow speeds on any part of a highway unreasonably impede the normal movement of traffic, the secretary or such local authority may determine and declare a minimum speed limit there at which shall be effective when appropriate signs giving notice thereof are erected. No person shall drive a vehicle slower than such minimum speed limit except when necessary for safe operation or in compliance with law.
[Ord. C31398 § 335; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2;
Federal requirements – Severability – 1977 ex. sess. c 151: See RCW 47.98.070, 47.98.080.
16.61.427 Slow-moving Vehicle to Pull Off Roadway.
On a two-lane highway where passing is unsafe because of traffic in the opposite direction or other conditions, a slow moving vehicle, behind which five or more vehicles are formed in a line, shall turn off the roadway wherever sufficient area for a safe turn-out exists, in order to permit the vehicles following to proceed. As used in this section a slow moving vehicle is one which is proceeding at a rate of speed less than the normal flow of traffic at the particular time and place.
[Ord. C31398 § 336; Passed: 6/5/1995]
16.61.428 Slow-moving Vehicle Permitted to Drive on Improved Shoulders, When.
1. The state department of transportation and local authorities are authorized to determine those portions of any two-lane highways under their respective jurisdictions on which drivers of slow moving vehicles may safely drive onto improved shoulders for the purpose of allowing overtaking vehicles to pass and may by appropriate signs indicate the beginning and end of such zones.
2. Where signs are in place to define a driving-on-shoulder zone as set forth in subsection (1) of this section, the driver of a slow moving vehicle may drive onto and along the shoulder within the zone but only for the purpose of allowing overtaking vehicles to pass and then shall return to the roadway.
3. Signs erected to define a driving-on-shoulder zone take precedence over pavement markings for the purpose of allowing the movements described in subsection (2) of this section.
[Ord. C31398 § 337; Passed: 6/5/1995]
16.61.435 Repealed.
Repealed.
[Ord. C31398 § 338; Passed: 6/5/1995]
16.61.440 Maximum Speed Limit when Passing School or Playground Crosswalks – Penalty, Disposition of Proceeds.
1. Subject to RCW 46.61.400(1), or the equivalent provisions of this title, and except in those instances where a lower maximum lawful speed is provided by this chapter or RCW chapter 46.61 or otherwise, it shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of twenty miles per hour when operating any vehicle upon a City street when passing any marked school or playground crosswalk when such marked crosswalk is fully posted with standard school speed limit signs or standard playground speed limit signs. The speed zone at the crosswalk shall extend three hundred feet in either direction from the marked crosswalk.
2. A person found to have committed any infraction relating to speed restrictions within a school or playground speed zone shall be assessed a monetary penalty equal to twice the penalty assessed under SMC 16.63.110. This penalty may not be waived, reduced, or suspended.
3. Reserved.
[Ord. C31740; Passed: 9/30/1996]
16.61.445 Due Care Required.
Compliance with speed requirements of this chapter under the circumstances hereinabove set forth shall not relieve the operator of any vehicle from the further exercise of due care and caution as further circumstances shall require.
[Ord. C31398 § 340; Passed: 6/5/1995]
Cross Reference: Duty to use due care: RCW 46.61.400(1).
16.61.450 Maximum Speed, Weight or Size in Traversing Bridges, Elevated Structures, Tunnels, Underpasses – Posting Limits.
It shall be unlawful for any person to operate a vehicle or any combination of vehicles over any bridge or other elevated structure or through any tunnel or underpass constituting a part of any public highway at a rate of speed or with a gross weight or of a size which is greater at any time than the maximum speed or maximum weight or size which can be maintained or carried with safety over any such bridge or structure or through any such tunnel or underpass when such bridge, structure, tunnel, or underpass is sign posted as hereinafter provided. The city council may restrict the speed which may be maintained or the gross weight or size which may be operated upon or over any such bridge or elevated structure or through any such tunnel or underpass with safety thereto. The city council shall determine and declare the maximum speed or maximum gross weight or size which such bridge, elevated structure, tunnel, or underpass can withstand or accommodate and shall cause suitable signs stating such maximum speed or maximum gross weight or size, or either, to be erected and maintained on the right hand side of such highway, road, or street and at a distance of not less than one hundred feet from each end of such bridge, structure, tunnel, or underpass and on the approach thereto; provided, that in the event that any such bridge, elevated structure, tunnel, or underpass is upon a city street designated by the transportation commission as forming a part of the route of any state highway through any such incorporated city or town the determination of any maximum speed or maximum gross weight or size which such bridge, elevated structure, tunnel, or underpass can withstand or accommodate shall not be enforceable at any speed, weight, or size less than the maximum allowed by law, unless with the approval in writing of the secretary. Upon the trial of any person charged with a violation of this section, proof of either violation of maximum speed or maximum weight or size, or either, and the distance and location of such signs as are required, shall constitute conclusive evidence of the maximum speed or maximum weight or size, or either, which can be maintained or carried with safety over such bridge or elevated structure or through such tunnel or underpass.
[Ord. C31398 § 341; Passed: 6/5/1995]
16.61.455 Vehicles with Solid or Hollow Cushion Tires.
Except for vehicles equipped with temporary-use spare tires that meet federal standards, it shall be unlawful to operate any vehicle equipped or partly equipped with solid rubber tires or hollow center cushion tires, or to operate any combination of vehicles any part of which is equipped or partly equipped with solid rubber tires or hollow center cushion tires, so long as solid rubber tires or hollow center cushion tires may be used under the provisions of this title, upon any public highway of this city at a greater rate of speed than ten miles per hour; provided, that the temporary-use spare tires are installed and used in accordance with the manufacturer’s instructions.
[Ord. C31398 § 342; Passed: 6/5/1995]
16.61.460 Special Speed Limitation on Motor-driven Cycle.
No person shall operate any motor-driven cycle at any time mentioned in RCW 46.37.020 at a speed greater than thirty-five miles per hour unless such motor-driven cycle is equipped with a head lamp or lamps which are adequate to reveal a person or vehicle at a distance of three hundred feet ahead.
[Ord. C31398 § 343; Passed: 6/5/1995]
16.61.465 Exceeding Speed Limit Evidence of Reckless Driving.
The unlawful operation of a vehicle in excess of the maximum lawful speeds provided in this chapter or RCW chapter 46.61 at the point of operation and under the circumstances described shall be prima facie evidence of the operation of a motor vehicle in a reckless manner by the operator thereof.
[Ord. C31398 § 344; Passed: 6/5/1995]
16.61.470 “Speed Traps” Defined, Certain Types Permitted – Measured Courses, Speed Measuring Devices, Timing from Aircraft.
1. No evidence as to the speed of any vehicle operated upon a public highway by any person arrested for violation of any of the laws of this state regarding speed or of any orders, rules, or regulations of any city or town or other political subdivision relating thereto shall be admitted in evidence in any court at a subsequent trial of such person in case such evidence relates to or is based upon the maintenance or use of a speed trap except as provided in subsection (2) of this section. A “speed trap,” within the meaning of this section, is a particular section of or distance on any public highway, the length of which has been or is measured off or otherwise designated or determined, and the limits of which are within the vision of any officer or officers who calculate the speed of a vehicle passing through such speed trap by using the lapsed time during which such vehicle travels between the entrance and exit of such speed trap.
2. Evidence shall be admissible against any person arrested or issued a notice of traffic infraction for violation of any of the laws of this state or of any orders, rules, or regulations of any city or town or other political subdivision regarding speed if the same is determined by a particular section of or distance on a public highway, the length of which has been accurately measured off or otherwise designated or determined and either:
a. The limits of which are controlled by a mechanical, electrical, or other device capable of measuring or recording the speed of a vehicle passing within such limits; or
b. a timing device is operated from an aircraft, which timing device when used to measure the elapsed time of a vehicle passing over such a particular section of or distance upon a public highway indicates the speed of a vehicle.
3. The exceptions of subsection (2) of this section are limited to devices or observations with a maximum error of not to exceed five percent using the lapsed time during which such vehicle travels between such limits, and such limits shall not be closer than one-fourth mile.
[Ord. C31398 § 345; Passed: 6/5/1995]
16.61.475 Repealed.
Repealed.
[Ord. C32489; Passed: 9/13/1999]
16.61.500 Reckless Driving – Penalty.
1. Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment of not more than one year and by a fine of not more than five thousand dollars.
2. The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days.
[Ord. C31398 § 347; Passed: 6/5/1995]
Cross Reference: Rules of Court: Bail in criminal traffic offense cases – Mandatory appearance – CrRLJ 3.2;
Arrest of person involved in reckless driving: RCW 10.31.100;
Embracing another while driving as reckless driving: RCW 46.61.665;
Excess speed as prima facie evidence of reckless driving: RCW 46.61.465;
Racing of vehicles on public highways, reckless driving: RCW 46.61.530;
Revocation of license, reckless driving: RCW 46.20.285.
16.61.502 Driving Under the Influence.
1. A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this city:
a. And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person’s breath or blood made under RCW 46.61.506, or the equivalent provisions of this title; or
b. While the person is under the influence of or affected by intoxicating liquor or any drug; or
c. While the person is under the combined influence of or affected by intoxicating liquor and any drug.
2. The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.
3. It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person’s breath or blood to cause the defendants alcohol concentration to be 0.08 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendants intent to assert the affirmative defense.
4. Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section or RCW 46.61.502(1)(a), and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(b) or (c) of this section.
5. A violation of this section is a gross misdemeanor. (Chapter 213, Laws of 1998 (SB6257))
[Ord. C32198; Passed: 6/15/1998]
Cross Reference: Business operation of vessel or vehicle while intoxicated: RCW 9.91.020;
Criminal history and driving record: RCW 46.61.513
Operating aircraft recklessly or under influence of intoxicants or drugs: RCW 47.68.220.
Use of vessel in reckless manner or while under influence of alcohol or drugs prohibited: RCW 88.12.025.
16.61.503 Driver under Twenty-One Consuming Alcohol – Penalties.
1. Notwithstanding any other provision of this title, a person is guilty of driving or being in physical control of a motor vehicle after consuming alcohol if the person operates or is in physical control of a motor vehicle in the city and the person:
a. Is under the age of twenty-one;
b. Has, within two hours after operating or being in physical control of the motor vehicle, an alcohol concentration of at least 0.02 but less than the concentration specified in RCW 46.61.502, or the equivalent provisions of this title, as shown by analysis of the person’s breath or blood made under RCW 46.61.506, or the equivalent provisions of this title.
2. It is an affirmative defense to a violation of subsection (1) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving or being in physical control and before the administration of an analysis of the person’s breath or blood to cause the defendants alcohol concentration to be in violation of subsection (1) of this section within two hours after driving or being in physical control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the earlier of:
a. seven days prior to trial; or
b. the omnibus or pretrial hearing in the case of the defendants intent to assert the affirmative defense.
3. Analyses of blood or breath samples obtained more than two hours after the alleged driving or being in physical control may be used as evidence that within two hours of the alleged driving or being in physical control, a person had an alcohol concentration in violation of subsection (1) of this section.
4. A violation of this section is a misdemeanor. (Chapter 207, Laws of 1998 (HB3070), chapter 213, Laws of 1998 (SB6257))
[Ord. C32198; Passed: 6/15/1998]
16.61.504 Physical Control of Vehicle Under the Influence.
1. A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this city:
a. And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the person’s breath or blood made under RCW 46.61.506, or the equivalent provisions of this title; or
b. While the person is under the influence of or affected by intoxicating liquor or any drug; or
c. While the person is under the combined influence of or affected by intoxicating liquor and any drug.
2. The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state does not constitute a defense against any charge of violating this section. No person may be convicted under this section if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.
3. It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person’s breath or blood to cause the defendants alcohol concentration to be 0.08 or more within two hours after being in such control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendants intent to assert the affirmative defense.
4. Analyses of blood or breath samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in such control, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section or RCW 46.61.504(1)(a), and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(b) or (c) of this section.
5. A violation of this section is a gross misdemeanor. (Chapter 213, Laws of 1998 (SB6257))
[Ord. C32198; Passed: 6/15/1998]
16.61.505 Alcohol Violator – Penalty.
1. A defendant who is arrested for an offense involving driving while under the influence as defined in RCW 46.61.502, driving under age twenty-one after consuming alcohol as defined in RCW 46.61.503, or being in physical control of a vehicle while under the influence as defined in RCW 46.61.504, or in either case by the equivalent provisions of this chapter, shall be required to appear in person before a magistrate within one judicial day after the arrest if the defendant is served with a citation or complaint at the time of the arrest.
2. A defendant who is charged by citation, complaint, or information with an offense involving driving while under the influence as defined in RCW 46.61.502, driving under age twenty-one after consuming alcohol as defined in RCW 46.61.503, or being in physical control of a vehicle while under the influence as defined in RCW 46.61.504, or in either case by the equivalent provisions of this chapter, and who is not arrested, shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.
3. At the time of an appearance required by this section, the court shall determine the necessity of imposing conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment.
4. Appearances required by this section are mandatory and may not be waived. (Chapter 214, Laws of 1998 (SB6293))
[Ord. C32198; Passed: 6/15/1998]
16.61.5051 Repealed.
Repealed.
[Ord. C31434; Passed: 8/7/1995]
16.61.5052 Repealed.
Repealed.
[Ord. C31434; Passed: 8/7/1995]
16.61.5053 Repealed.
Repealed.
[Ord. C31434; Passed: 8/7/1995]
16.61.5054 Alcohol Violators – Additional Fee Distribution.
Expired.
[Ord. C31434; Passed: 8/7/1995]
16.61.5055 Alcohol Violators – Penalty Schedule.
A. A person who is convicted of a violation of RCW 46.61.502 or 46.61.504, or the equivalent provisions of this title, and who has no prior offense within seven years shall be punished as follows:
1. In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person’s refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person’s alcohol concentration:
a. By imprisonment for not less than one day nor more than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. In lieu of the mandatory minimum term of imprisonment required under this subsection (A)(1)(a), the court may order not less than fifteen days of electronic home monitoring. The offender shall pay the cost of electronic home monitoring. The city shall determine the cost. The court may also require the offender’s electronic home monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
b. By a fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; or
2. In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person’s refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person’s alcohol concentration:
a. By imprisonment for not less than two days nor more than one year. Two consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. In lieu of the mandatory minimum term of imprisonment required under this subsection (A)(2)(a), the court may order not less than thirty days of electronic home monitoring. The offender shall pay the cost of electronic home monitoring. The city shall determine the cost. The court may also require the offender’s electronic home monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
b. By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent.
B. A person who is convicted of a violation of RCW 46.61.502 or 46.61.504, or the equivalent provisions of this title, and who has one prior offense within seven years shall be punished as follows:
1. In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person’s refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person’s alcohol concentration:
a. By imprisonment for not less than thirty days nor more than one year and sixty days of electronic home monitoring. The offender shall pay for the cost of electronic monitoring. The city shall determine the cost. The court may also require the offender’s electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Thirty days of imprisonment and sixty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
b. By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent;
2. In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person’s refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person’s alcohol concentration:
a. By imprisonment for not less than forty-five days nor more than one year and ninety days of electronic home monitoring. The offender shall pay for the cost of electronic monitoring. The city shall determine the cost. The court may also require the offender’s electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Forty-five days of imprisonment and ninety days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
b. By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent.
C. A person who is convicted of a violation of RCW 46.61.502 or 46.61.504, or the equivalent provisions of this title, and who has two or more prior offenses within seven years shall be punished as follows:
1. In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person’s refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person’s alcohol concentration:
a. By imprisonment for not less than ninety days nor more than one year and one hundred twenty days of electronic home monitoring. The offender shall pay for the cost of electronic monitoring. The city shall determine the cost. The court may also require the offender’s electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Ninety days of imprisonment and one hundred twenty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
b. By a fine of not less than one thousand dollars nor more than five thousand dollars. One thousand dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; or
2. In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person’s refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person’s alcohol concentration:
a. By imprisonment for not less than one hundred twenty days nor more than one year and one hundred fifty days of electronic home monitoring. The offender shall pay for the cost of electronic monitoring. The city shall determine the cost. The court may also require the offender’s electronic home monitoring device include an alcohol detection breathalyzer, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. One hundred twenty days of imprisonment and one hundred fifty days of electronic home monitoring may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and
b. By a fine of not less than one thousand five hundred dollars nor more than five thousand dollars. One thousand five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent.
D. In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider the following:
1. Whether the person driving at the time of the offense was responsible for injury or damage to another or another’s property; and
2. Whether the person was driving or in physical control of a vehicle with one or passengers at the time of the offense.
E. An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056, or the equivalent provisions of this title.
F. The license, permit or nonresident privilege of a person convicted of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs must:
1. If the person’s alcohol concentration was less than 0.15, or if for reasons other than the person’s refusal to take a test offered under RCW 46.20.308 there is no test result indicating the person’s alcohol concentration:
a. Where there has been no prior offense within seven years, be suspended or denied by the department for ninety days;
b. Where there has been one prior offense within seven years, be revoked or denied by the department for two years; or
c. Where there have been two or more prior offenses within seven years, be revoked or denied by the department for three years;
2. If the person’s alcohol concentration was at least 0.15:
a. Where there has been no prior offense within seven years, be revoked or denied by the department for one year; or
b. Where there has been one prior offense within seven years, be revoked or denied by the department for nine hundred days; or
c. Where there have been two or more prior offenses within seven years, be revoked or denied by the department for four years; or
3. If by reason of the person’s refusal to take a test offered under RCW 46.20.308, there is no test result indicating the person’s alcohol concentration:
a. Where there have been no prior offenses within seven years, be revoked or denied by the department for two years;
b. Where there has been one prior offense within seven years, be revoked or denied by the department for three years; or
c. Where there have been two or more prior offenses within seven years, be revoked or denied by the department for four years.
4. The department shall grant credit on a day-for-day basis for any portion of suspension, revocation, or denial imposed under RCW 46.20.3101 arising out of the same incident.
G. For purposes of this subsection the department shall refer to the driver’s record maintained under RCW 46.52.120 when determining the existence of prior offenses.
H. After expiration of any period of suspension, revocation or denial of the offender’s license, permit or privilege to drive required by this section, the department shall place the offender’s driving privilege in probationary status pursuant to RCW 46.20.355.
I.
1. In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding five years. The court shall impose conditions of probation that include:
a. Not driving a motor vehicle within this city without a valid license to drive and proof of financial responsibility for the future;
b. Not driving a motor vehicle within this city while having an alcohol concentration of 0.08 or more within two hours after driving; and
c. Not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this city while under the influence of intoxicating liquor. The court may impose conditions of probation that include nonrepetition, installation of an ignition interlock device on the probationer’s motor vehicle, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.
2. For each violation of mandatory conditions of probation under (1)(a), (b) or (c) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.
3. For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit or privilege to drive already is suspended, revoked or denied at the time the finding of probation violation is made, the suspension, revocation or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation or denial or any extension of a suspension, revocation or denial imposed under this subsection.
J. A court may waive the electronic home monitoring requirements of this chapter when:
1. the offender does not have a dwelling, telephone service or any other necessity to operate an electronic home monitoring system;
2. the offender does not reside in the state of Washington; or
3. the court determines that there is reason to believe that the offender would violate the conditions of the electronic home monitoring penalty.
K. Whenever the mandatory minimum term of electronic home monitoring is waived, the court shall state in writing the reason for granting the waiver and the facts upon which the waiver is based, and shall impose an alternative sentence with similar punitive consequences. The alternative sentence may include, but is not limited to, additional jail time, work crew or work camp. Whenever the combination of jail time and electronic home monitoring or alternative sentence would exceed three hundred sixty-five days, the offender shall serve the jail portion of the sentence first, and the electronic home monitoring or alternative portion of the sentence shall be reduced so that the combination does not exceed three hundred sixty-five days.
L. For purposes of this section:
1. a “prior offense” means any of the following:
a. A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;
b. A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;
c. A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;
d. A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;
e. A conviction for a violation of RCW 46.61.5249, 46.61.500 or 9A.36.050, or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;
f. An out-of-state conviction for a violation that would have been a violation of subsection (1)(a), (1)(b), (1)(c), (1)(d) or (1)(e) of this subsection if committed in this city;
g. A deferred prosecution under RCW chapter 10.05 granted in a prosecution for a violation of RCW 46.61.502, 46.61.504 or an equivalent local ordinance; or
h. A deferred prosecution under RCW chapter 10.05 granted in a prosecution for a violation of RCW 46.61.5249, or an equivalent local ordinance, if the charge under which the deferred prosecution was granted was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522; and
2. “Within seven years” means that the arrest for a prior offense occurred within seven years of the arrest for the current offense.
[Ord. passed: 6/28/2004]
16.61.5056 Alcohol Violators – Information School – Evaluation and Treatment.
1. A person subject to alcohol assessment and treatment under section 5 of chapter 332, Laws of 1995, or the equivalent provisions of this title, shall be required by the court to complete a course in an alcohol information school approved by the department of social and health services or to complete more intensive treatment in a program approved by the department of social and health services, as determined by the court. The court shall notify the department of licensing whenever it orders a person to complete a course or treatment program under this section.
2. A diagnostic evaluation and treatment recommendation shall be prepared under the direction of the court by an alcoholism agency approved by the department of social and health services or a qualified probation department approved by the department of social and health services. A copy of the report shall be forwarded to the department of licensing. Based on the diagnostic evaluation, the court shall determine whether the person shall be required to complete a course in an alcohol information school approved by the department of social and health services or more intensive treatment in a program approved by the department of social and health services.
3. Reserved.
4. Any agency that provides treatment ordered under section 5 of chapter 332, Laws of 1995, or the equivalent provisions of this title, shall immediately report to the appropriate probation department where applicable, otherwise to the court, and to the department of licensing any noncompliance by a person with the conditions of his or her ordered treatment. The court shall notify the department of licensing and the department of social and health services of any failure by an agency to so report noncompliance.
5. Reserved.
[Ord. C31434; Passed: 8/7/1995]
16.61.5057 Repealed.
Repealed.
[Ord. C32198; Passed: 6/15/1998]
16.61.5058 Alcohol Violators – Vehicle Seizure and Forfeiture.
1. Upon the arrest of a person or upon the filing of a complaint, citation, or information in a court of competent jurisdiction, based upon probable cause to believe that a person has violated RCW 46.61.502 or 46.61.504 or any similar municipal ordinance, if such person has a prior offense within seven years as defined in RCW 46.61.5055, or the equivalent provisions of this chapter, and where the person has been provided written notice that any transfer, sale, or encumbrance of such persons interest in the vehicle over which that person was actually driving or had physical control when the violation occurred, is unlawful pending either acquittal, dismissal, sixty days after conviction, or other termination of the charge, such person shall be prohibited from encumbering, selling, or transferring his or her interest in such vehicle, except as otherwise provided in (a), (b), and (c) of this subsection, until either acquittal, dismissal, sixty days after conviction, or other termination of the charge. The prohibition against transfer of title shall not be stayed pending the determination of an appeal from the conviction.
a. A vehicle encumbered by a bona fide security interest may be transferred to the secured party or to a person designated by the secured party;
b. A leased or rented vehicle may be transferred to the lessor, rental agency, or to a person designated by the lessor or rental agency; and
c. A vehicle may be transferred to a third party or a vehicle dealer who is a bona fide purchaser or may be subject to a bona fide security interest in the vehicle unless it is established that
i. in the case of a purchase by a third party or vehicle dealer, such party or dealer had actual notice that the vehicle was subject to the prohibition prior to the purchase, or
ii. in the case of a security interest, the holder of the security interest had actual notice that the vehicle was subject to the prohibition prior to the encumbrance of title.
2. On a conviction for a violation of either RCW 46.61.502 or 46.61.504 or any similar municipal ordinance where the person convicted has a prior offense within seven years as defined in RCW 46.61.5055, or the equivalent provisions of this chapter, the motor vehicle the person was driving or over which the person had actual physical control at the time of the offense, if the person has a financial interest in the vehicle, is subject to seizure and forfeiture pursuant to this section.
3. A vehicle subject to forfeiture under this chapter or RCW chapter 46.61 may be seized by a law enforcement officer of this state upon process issued by a court of competent jurisdiction. Seizure of a vehicle may be made without process if the vehicle subject to seizure has been the subject of a prior judgment in favor of the state or City in a forfeiture proceeding based upon this section.
4. Seizure under subsection (3) of this section automatically commences proceedings for forfeiture. The law enforcement agency under whose authority the seizure was made shall cause notice of the seizure and intended forfeiture of the seized vehicle to be served within fifteen days after the seizure on the owner of the vehicle seized, on the person in charge of the vehicle, and on any person having a known right or interest in the vehicle, including a community property interest. The notice of seizure may be served by any method authorized by law or court rule, including but not limited to service by certified mail with return receipt requested. Service by mail is complete upon mailing within the fifteen-day period after the seizure. Notice of seizure in the case of property subject to a security interest that has been perfected on a certificate of title shall be made by service upon the secured party or the secured party’s assignee at the address shown on the financing statement or the certificate of title.
5. If no person notifies the seizing law enforcement agency in writing of the person’s claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the vehicle is deemed forfeited.
6. If a person notifies the seizing law enforcement agency in writing of the person’s claim of ownership or right to possession of the seized vehicle within forty-five days of the seizure, the law enforcement agency shall give the person or persons a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement officer of the seizing agency or the chief law enforcement officers designee, except where the seizing agency is a state agency as defined in RCW 34.12.020, the hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under RCW chapter 34.12, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction. Removal may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-five days after the person seeking removal has notified the seizing law enforcement agency of the person’s claim of ownership or right to possession. The court to which the matter is to be removed shall be the district court when the aggregate value of the vehicle is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency and any appeal therefrom shall be under RCW title 34. In a court hearing between two or more claimants to the vehicle involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorneys fees. The burden of producing evidence shall be upon the person claiming to be the legal owner or the person claiming to have the lawful right to possession of the vehicle. The seizing law enforcement agency shall promptly return the vehicle to the claimant upon a determination by the administrative law judge or court that the claimant is the present legal owner under RCW title 46 or is lawfully entitled to possession of the vehicle.
7. When a vehicle is forfeited under this chapter or RCW chapter 46.61 the seizing law enforcement agency may sell the vehicle, retain it for official use, or upon application by a law enforcement agency of this state release the vehicle to that agency for the exclusive use of enforcing this title; provided, however, that the agency shall first satisfy any bona fide security interest to which the vehicle is subject under subsection (1)(a) or (1)(c) of this section.
8. When a vehicle is forfeited, the seizing agency shall keep a record indicating the identity of the prior owner, if known, a description of the vehicle, the disposition of the vehicle, the value of the vehicle at the time of seizure, and the amount of proceeds realized from disposition of the vehicle.
9. Each seizing agency shall retain records of forfeited vehicles for at least seven years.
10. Each seizing agency shall file a report including a copy of the records of forfeited vehicles with the state treasurer each calendar quarter.
11. The quarterly report need not include a record of a forfeited vehicle that is still being held for use as evidence during the investigation or prosecution of a case or during the appeal from a conviction.
12. By January 31st of each year, each seizing agency shall remit to the state treasurer an amount equal to ten percent of the net proceeds of vehicles forfeited during the preceding calendar year. Money remitted shall be deposited in the public safety and education account.
13. The net proceeds of a forfeited vehicle is the value of the forfeitable interest in the vehicle after deducting the cost of satisfying a bona fide security interest to which the vehicle is subject at the time of seizure; and in the case of a sold vehicle, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents.
14. The value of a sold forfeited vehicle is the sale price. The value of a retained forfeited vehicle is the fair market value of the vehicle at the time of seizure, determined when possible by reference to an applicable commonly used index, such as the index used by the department of licensing. A seizing agency may, but need not, use an independent qualified appraiser to determine the value of retained vehicles. If an appraiser is used, the value of the vehicle appraised is net of the cost of the appraisal. (Chapter 207, Laws of 1998 (HB3070))
[Ord. C32198; Passed: 6/15/1998]
16.61.506 Persons Under Influence of Intoxicating Liquor or Drug – Evidence – Tests – Information concerning Tests.
1. Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug, if the person’s alcohol concentration is less than 0.08, it is evidence that may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor or any drug.
2. The breath analysis shall be based upon grams of alcohol per two hundred ten liters of breath. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor or any drug.
3. Analysis of the person’s blood or breath to be considered valid under the provisions of this section or RCW 46.61.502 or 46.61.504, or the equivalent provisions of this title, shall have been performed according to methods approved by the state toxicologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. The state toxicologist is directed to approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the state toxicologist.
4. When a blood test is administered under the provisions of RCW 46.20.308, the withdrawal of blood for the purpose of determining its alcoholic or drug content may be performed only by a physician, a registered nurse, or a qualified technician. This limitation shall not apply to the taking of breath specimens.
5. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer one or more tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
6. Upon the request of the person who shall submit to a test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or her or his or her attorney.
[Ord. C32198 § 21; Passed: 6/15/1998]
Cross Reference: Ch. 213, Laws of 1998 (SB6257);
Rules of Court: Evidence of Breathalyzer, BAC Verifier, simulator solution tests – CrRLJ 6.13;
Arrest of driver under influence of intoxicating liquor or drugs: RCW 10.31.100.
16.61.515 Repealed.
Repealed.
[Ord. C31398 § 358; Passed: 6/5/1995]
16.61.5151 Sentences – Intermittent Fulfillment – Restrictions.
A sentencing court may allow persons convicted of violating RCW 46.61.502 or 46.61.504, or the equivalent provisions of this title, to fulfill the terms of the sentence provided in section 5 of chapter 332, Laws of 1995, or the equivalent provisions of this title, in nonconsecutive or intermittent time periods. However, any mandatory minimum sentence under section 5 of chapter 332, Laws of 1995, or the equivalent provisions of this title, shall be served consecutively unless suspended or deferred as otherwise provided by law.
[Ord. C31434; Passed: 8/7/1995]
16.61.5152 Attendance at Program Focusing on Victims.
In addition to penalties that may be imposed under RCW 46.61.5055, or the equivalent provisions of this title, the court may require a person who is convicted of a violation of RCW 46.61.502 or 46.61.504, or the equivalent provisions of this title, or who enters a deferred prosecution program under RCW 10.05.020 based on a violation of RCW 46.61.502 or 46.61.504, or the equivalent provisions of this title, to attend an educational program focusing on the emotional, physical, and financial suffering of victims who were injured by persons convicted of driving while under the influence of intoxicants. (Chapter 41, Laws of 1998 (HB1501))
[Ord. C32198; Passed: 6/15/1998]
16.61.517 Refusal of Alcohol Test – Admissibility as Evidence.
The refusal of a person to submit to a test of the alcoholic content of the person’s blood or breath under RCW 46.20.308 is admissible into evidence at a subsequent criminal trial.
[Ord. C31398 § 361; Passed: 6/5/1995]
16.61.519 Alcoholic Beverages – Drinking or Open Container in Vehicle on Highway – Exceptions.
1. It is a traffic infraction to drink any alcoholic beverage in a motor vehicle when the vehicle is upon a highway.
2. It is a traffic infraction for a person to have in his possession while in a motor vehicle upon a highway, a bottle, can, or other receptacle containing an alcoholic beverage if the container has been opened or a seal broken or the contents partially removed.
3. It is a traffic infraction for the registered owner of a motor vehicle, or the driver if the registered owner is not then present in the vehicle, to keep in a motor vehicle when the vehicle is upon a highway, a bottle, can, or other receptacle containing an alcoholic beverage which has been opened or a seal broken or the contents partially removed, unless the container is kept in the trunk of the vehicle or in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle does not have a trunk. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers.
4. This section does not apply to a public conveyance that has been commercially chartered for group use or to the living quarters of a motor home or camper or, except as otherwise provided by RCW 66.44.250 or local law, to any passenger for compensation in a for-hire vehicle licensed under city, county, or state law, or to a privately owned vehicle operated by a person possessing a valid operator’s license endorsed for the appropriate classification under RCW chapter 46.25 in the course of his usual employment transporting passengers at the employer’s direction; provided, that nothing in this subsection shall be construed to authorize possession or consumption of an alcoholic beverage by the operator of any vehicle while upon a highway.
[Ord. C31398 § 362; Passed: 6/5/1995]
Cross Reference: Ignition interlocks, biological, technical devices: RCW 46.20.710 – 46.20.750.
16.61.5195 Disguising Alcoholic Beverage Container.
1. It is a traffic infraction to incorrectly label the original container of an alcoholic beverage and to then violate RCW 46.61.519, or the equivalent provisions of this title.
2. It is a traffic infraction to place an alcoholic beverage in a container specifically labeled by the manufacturer of the container as containing a nonalcoholic beverage and to then violate RCW 46.61.519, or the equivalent provisions of this title.
[Ord. C31398 § 363; Passed: 6/5/1995]
Cross Reference: Ignition interlocks, biological, technical devices: RCW 46.20.710 – 46.20.750.
16.61.5249 Negligent Driving – First Degree.
1.
a. A person is guilty of negligent driving in the first degree if he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property, and exhibits the effects of having consumed liquor or an illegal drug.
b. It is an affirmative defense to negligent driving in the first degree by means of exhibiting the effects of having consumed an illegal drug that must be proved by the defendant by a preponderance of the evidence, that the driver has a valid prescription for the drug consumed, and has been consuming it according to the prescription directions and warnings.
c. Negligent driving in the first degree is a misdemeanor.
2. For the purposes of this section:
a. “Negligent” means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances.
b. “Exhibiting the effects of having consumed liquor” means that a person has the odor of liquor on his or her breath, or that by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed liquor, and either:
i. Is in possession of or in close proximity to a container that has or recently had liquor in it; or
ii. Is shown by other evidence to have recently consumed liquor.
c. “Exhibiting the effects of having consumed an illegal drug” means that a person by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed an illegal drug and either:
i. Is in possession of an illegal drug; or
ii. Is shown by other evidence to have recently consumed an illegal drug.
d. “Illegal drug” means a controlled substance under RCW chapter 69.50 for which the driver does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings, or a legend drug under RCW chapter 69.41 for which the driver does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings.
3. Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section. (Chapter 66, 1997 Laws, section 4)
[Ord. C32040; Passed: 11/24/1997]
16.61.525 Negligent Driving – Second Degree.
a. A person is guilty of negligent driving in the second degree if, under circumstances not constituting negligent driving in the first degree, he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property.
b. It is an affirmative defense to negligent driving in the second degree that must be proved by the defendant by a preponderance of the evidence, that the driver was operating the motor vehicle on private property with the consent of the owner in a manner consistent with the owners consent.
c. Negligent driving in the second degree is a traffic infraction and is subject to a penalty of two hundred fifty dollars.
1. or the purposes of this section “negligent” means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances.
2. Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section. (Chapter 66, 1997 Laws, section 5)
[Ord. C32040; Passed: 11/24/1997]
16.61.527 Roadway Construction Zones.
1. A roadway construction zone is an area where construction, repair, or maintenance work is being conducted by public employees or private contractors, on or adjacent to any public roadway.
2. No person may drive a vehicle in a roadway construction zone at a speed greater than that allowed by traffic control devices.
3. A person found to have committed any infraction relating to speed restrictions in a roadway construction zone shall be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110, or the equivalent provisions of this title. This penalty may not be waived, reduced, or suspended.
4. A person who drives a vehicle in a roadway construction zone in such a manner as to endanger or be likely to endanger any persons or property, or who removes, evades, or intentionally strikes a traffic safety or control device is guilty of reckless endangerment of roadway workers. A violation of this subsection is a gross misdemeanor punishable under RCW chapter 9A.20.
5. Reserved.
[Ord. C31398 § 365; Passed: 6/5/1995]
16.61.530 Racing of Vehicles on Highways – Reckless Driving – Exception.
No person or persons may race any motor vehicle or motor vehicles upon any public highway of this city. Any person or persons who willfully compare or contest relative speeds by operation of one or more motor vehicles shall be guilty of racing, which shall constitute reckless driving under RCW 46.61.500, or the equivalent provisions of this title, whether or not such speed is in excess of the maximum speed prescribed by law; provided however, that any comparison or contest of the accuracy with which motor vehicles may be operated in terms of relative speeds not in excess of the posted maximum speed does not constitute racing.
[Ord. C31398 § 366; Passed: 6/5/1995]
Cross Reference: Rules of Court: Bail in criminal traffic offense cases – Mandatory appearance – CrRLJ 3.2;
Arrest of person involved in racing of vehicles: RCW 10.31.100.
16.61.535 Advertising of Unlawful Speed Attained – Reckless Driving.
It shall be unlawful for any manufacturer, dealer, distributor, or any person, firm, or corporation to publish or advertise or offer for publication or advertisement, or to consent or cause to be published or advertised, the time consumed or speed attained by a vehicle between given points or over given or designated distances upon any public highways of this state or city when such published or advertised time consumed or speed attained shall indicate an average rate of speed between given points or over a given or designated distance in excess of the maximum rate of speed allowed between such points or at a rate of speed which would constitute reckless driving between such points. Violation of any of the provisions of this section or RCW 46.61.535 shall be prima facie evidence of reckless driving and shall subject such person, firm or corporation to the penalties in such cases provided.
[Ord. C31398 § 367; Passed: 6/5/1995]
16.61.540 “Drugs,” What Included.
The word “drugs,” as used in RCW 46.61.500 through 46.61.535, or the equivalent provisions of this title, shall include but not be limited to those drugs and substances regulated by RCW chapters 69.41 and 69.50.
[Ord. C31398 § 368; Passed: 6/5/1995]
16.61.541 Repealed.
Repealed.
[Ord. C31398 § 374; Passed: 6/5/1995]
16.61.542 Repealed.
Repealed.
[Ord. C31398 § 375; Passed: 6/5/1995]
16.61.544 Repealed.
Repealed.
[Ord. C31398 § 377; Passed: 6/5/1995]
16.61.545 Repealed.
Repealed.
[Ord. C31398 § 369; Passed: 6/5/1995]
16.61.549 Repealed.
Repealed.
[Ord. C31398 § 370; Passed: 6/5/1995]
16.61.550 Repealed.
Repealed.
[Ord. C31398 § 379; Passed: 6/5/1995]
16.61.552 Repealed.
Repealed.
[Ord. C31398 § 376; Passed: 6/5/1995]
16.61.554 Repealed.
Repealed.
[Ord. C31398 § 382; Passed: 6/5/1995]
16.61.555 Repealed.
Repealed.
[Ord. C31398 § 371; Passed: 6/5/1995]
16.61.556 Repealed.
Repealed.
[Ord. C31398 § 372; Passed: 6/5/1995]
16.61.557 Repealed.
Repealed.
[Ord. C31398 § 384; Passed: 6/5/1995]
16.61.558 Repealed.
Repealed.
[Ord. C31398 § 385; Passed: 6/5/1995]
16.61.559 Repealed.
Repealed.
[Ord. C31398 § 386; Passed: 6/5/1995]
16.61.560 Stopping, Standing or Parking Outside Business or Residence Districts.
1. Except as specifically allowed by City ordinance or permit, no person may stop, park or leave standing any vehicle, whether attended or unattended, upon the roadway.
2. RCW 46.61.560(1) and 46.61.570 and 46.61.575, or the equivalent provisions of this title, do not apply to the driver of any vehicle that is disabled in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the vehicle in such position. The driver shall nonetheless arrange for the prompt removal of the vehicle as required by RCW 46.61.590, or the equivalent provisions of this title.
3. Subsection (1) of this section or of RCW 46.61.560 does not apply to the driver of a public transit vehicle who temporarily stops the vehicle upon the roadway for the purpose of and while actually engaged in receiving or discharging passengers at a marked transit vehicle stop zone.
4. RCW 46.61.560(1) and 46.61.570 and 46.61.575, or the equivalent provisions of this title, do not apply to the driver of a:
a. solid waste collection company or recycling company vehicle who temporarily stops the vehicle as close as practical to the right edge or the right-hand shoulder of the roadway or right edge of the roadway if no shoulder exists for the purpose of and while actually engaged in the collection of solid waste or recyclables, or both, under RCW chapters 35.21, 35A.21 and 81.77 or by contract under RCW 36.58.030 [36.58.040]; or
b. municipal solid waste collection or recycling vehicle.
[Ord. C31398 § 373; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – IRLJ 6.2;
Limited access highways: RCW 47.52.120;
Unattended motor vehicles: RCW 46.61.600.
16.61.561 Parking Time Limited and Regulated.
1. No vehicles shall be parked continuously in any one block upon any public street or highway in this city at any time for a period longer than twelve hours.
2. Between the hours of nine a.m. and five p.m. on weekdays, no vehicle shall be parked continuously in any one block upon any street within that portion of the retail zone of the congested district lying north of the Burlington Northern Railway Company’s viaduct for a period longer than one hour, nor in that portion of the retail zone of the congested district lying south of the Burlington Northern Railway Company’s viaduct for a period longer than two hours, nor in any one block upon any street within the congested district outside the retail zone of the congested district for a period longer than three hours; provided, the city council may fix a shorter or longer time for parking in reserved and other restricted parking places established under the provisions of this code, the same to be effective when properly signed and posted by the City street director.
3. Between the hours of nine a.m. and six p.m., Monday through Saturday, no vehicle shall be parked within the parking meter area (as authorized by SMC 16.61.5902) bounded by Sprague Avenue, Lincoln Street, Spokane Falls Boulevard and Washington Street, inclusive of such boundary streets, at a space from which the parking meter has been removed for a period longer than two hours.
[Ord. C33112 § 54; Passed: 11/18/2002]
16.61.562 Parking Nonpassenger Vehicles in Residence Zones.
No street right-of-way in an R zone of the City of Spokane, or which is the boundary of any R zone, shall be used for the habitual parking of any auto stage, farm vehicle, for-hire vehicle, limousine, motor home, motor truck, private carrier bus, road tractor, semitrailer, trailer, park trailer, travel trailer, tractor, truck, truck tractor, boat, or any other commercial vehicle. This section does not prohibit on-street parking of a passenger vehicle, motorcycle, or motor-driven cycle.
[Ord. C32950 § 10; Passed: 11/26/2001]
16.61.563 Parking in Alley Regulated.
No vehicle shall be parked in any alley other than for the expeditious loading and unloading of commodities, or where there is a driver at the wheel capable of moving the same, and in such instances only for a period not to exceed thirty consecutive minutes, except that the street director may grant special permission in exceptional cases requiring additional time for loading and unloading. No vehicle shall be parked so as to prevent the free passage of other vehicles through an alley, except upon written permission by the street director.
[Ord. C33112 § 55; Passed: 11/18/2002]
16.61.564 Parking Restricted for Snow Removal or Other Street Needs.
A. It is unlawful for any person to park or leave parked a vehicle upon any street or highway within the City of Spokane after public notice has been given by the city by way of press, radio and/or television, or by other notice to the occupants in the neighborhood, that the City intends to remove snow therefrom.
B. It is unlawful for any person to park or leave parked a vehicle upon any street or highway within the City of Spokane after public notice has been given by the city by way of press, radio and/or television, or by other notice to the occupants in the neighborhood, that street construction, sweeping, maintenance or repair, building relocations/moves or special permitted events that will take place in the street.
C. A vehicle parked in violation of this section may be impounded and towed away by the city or the city’s contractor.
[Ord. C33390 § 4; Passed: 3/29/2004]
16.61.565 Parking in Such Manner as to Obstruct Traffic.
It is unlawful for any person to park, or leave parked, a vehicle upon any street or highway within the city unattended in such a position that it constitutes an obstruction to traffic, blocks the use of a fire hydrant, or constitutes a danger to travel.
[Ord. C31398 § 378; Passed: 6/5/1995]
16.61.566 Standing at Angle to Curb and Backing to Curb Regulated.
Unless otherwise posted no vehicle shall stand backed to the curb or at an angle to the curb on any public street or highway in the City of Spokane.
[Ord. C31398 § 379; Passed: 6/5/1995]
16.61.567 Prohibited Parking Practices.
No person shall stand or park a vehicle upon any roadway for the purpose of displaying it for sale or for advertising purposes, or for lubricating or repairing such vehicle, except repairs necessitated by emergency.
[Ord. C31398 § 380; Passed: 6/5/1995]
16.61.570 Stopping, Standing or Parking Prohibited in Specified Places – Reserving Portion of Highway Prohibited.
1. Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:
a. Stop, stand, or park a vehicle:
i. on the roadway side of any vehicle stopped or parked at the edge or curb of a street;
ii. on a sidewalk or street planting strip;
iii. within an intersection;
iv. on a crosswalk;
v. between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless official signs or markings indicate a different no-parking area opposite the ends of a safety zone;
vi. alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;
vii. upon any bridge or other elevated structure upon a highway or within a highway tunnel;
viii. on any railroad tracks;
ix. in the area between roadways of a divided highway including crossovers; or
x. at any place where official signs prohibit stopping;
b. Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
i. in front of a public or private driveway, public alley, or within five feet of the end of the curb radius leading thereto;
ii. within fifteen feet of a fire hydrant;
iii. within twenty feet of a crosswalk;
iv. within thirty feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway;
v. within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station, within seventy-five feet of said entrance when properly signposted;
vi. at any place where official signs prohibit standing; or
vii. in a no-parking area at Spokane International Airport as designated by the airport board.
c. Park a vehicle, whether occupied or not, except momentarily for the purpose of and while actually engaged in loading or unloading property or passengers:
i. within fifty feet of the nearest rail of a railroad crossing, or
ii. at any place where official signs prohibit parking.
2. Parking or standing shall be permitted in the manner provided by law at all other places, except a time limit may be imposed or parking restricted at other places, but such limitation and restriction shall be by City ordinance or county resolution or order of the secretary of transportation upon highways under their respective jurisdictions.
3. No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as is unlawful.
4. It shall be unlawful for any person to reserve or attempt to reserve any portion of a highway for the purpose of stopping, standing, or parking to the exclusion of any other like person, nor shall any person be granted such right.
[Ord. C32950 § 1; Passed: 11/26/2001]
16.61.5701 Establishment of Special Parking Zones.
To facilitate the movement of traffic, to eliminate congestion and danger, and to promote and maintain a more effective use of the streets and highways, the street director may establish loading zones, safety zones, passenger loading zones, danger zones, bus stops and other restricted parking places, from time to time, at such locations on the public streets and highways as may be in the interest of public safety and convenience, and direct that the same be designated by appropriate signs or other markers.
[Ord. C33112 § 56; Passed: 11/18/2002]
16.61.5702 Taxicab Zones.
1. The street director may, on written application, designate and set aside places on the public streets and highways of the City where taxicabs or other vehicles carrying passengers for hire solely within the city limits may stand for public patronage. All applications for space for such purpose shall be accompanied by the consent in writing of the occupant of the first floor of the building in front of which it is desired that such space be reserved for the applicant.
2. All places set aside under subsection (1) of this section shall be indicated by standards or other suitable signs erected at or near the curb, and under the direction of the street director. Such standards shall bear words stating the use for the space. All reserved space permits may be revoked at any time by the street director. The street director shall post notice for a period of ten days at the reserved space, indicating revocation of the permit and where opposition of the revocation may be filed. The decision to revoke a reserved space permit shall be discretionary by the street director.
[Ord. C33112 § 57; Passed: 11/18/2002]
16.61.5703 Commercial Loading Zones.
1. Occupying Commercial Loading Zone, When Prohibited. It is unlawful for any vehicle, other than an authorized and identified vehicle that is then and there being used in commerce or trade, to occupy any commercial loading zone within the city during the hours indicated on the signs marking such zones.
2. Permit for Authorized Vehicles – Conditions for Issuance. Permits for authorized vehicles shall be issued by the City upon application therefore and the paying of the fee as established in SMC 8.02.083. The application for the permit shall identify the vehicle and owner thereof as is set out in the Washington State vehicle registration certificate for said vehicle; the license plate number thereof; the name and nature of the business performed in commerce or trade to which use the vehicle has been assigned; a statement by the owner, or authorized agent thereof, that the vehicle is a commercial vehicle and is used exclusively for commercial purposes during business hours of eight a.m. to six p.m.
3. Permit. The permit shall have an exclusive file number; contain the name and address of the owner and the identification of the vehicle as is set out in the Washington State vehicle registration certificate for said vehicle; the license plate number thereof; the name and nature of the business performed in commerce or trade to which use the vehicle has been assigned; and shall be present within or upon the vehicle at all times when occupying a commercial loading zone, and shall be displayed to any officer or person authorized to enforce the parking laws of the City upon request therefore.
4. Identifying Sign. The City shall issue to the applicant, with the permit, an identifying decal which shall be prominently displayed on the vehicle for which it was issued, in the front windshield thereof at the lower left-hand corner. The identifying decal shall be in such form as prescribed by regulation by the street director.
5. Out-of-state Vehicles – Permits. Any vehicle licensed and registered in a state other than the State of Washington will qualify for a permit by providing in the application therefore the identifying information that would be required and provided in a Washington State vehicle registration certificate.
6. Permit-Annual-Special Permits. Each permit issued shall be valid until December 31st of the year in which it was issued except that the street director, in limited and exceptional circumstances involving a vehicle performing a service in commerce as defined in this title that is isolated and limited to a single occasion, may issue a special permit for a period not to exceed twenty-four hours.
7. Use of Loading Zones-Time Limitations.
a. Commercial loading zones shall be for exclusive use by commercial vehicles in loading and unloading commodities in trade or commerce during the hours indicated on the signs marking such zones. During these hours such zones are designated as commercial loading zones. At all other hours and times such loading zones shall be for general use under the parking regulations applicable to the district in which they are located.
b. No vehicle shall occupy a commercial loading zone other than for expeditious loading and unloading of commodities. No vehicle shall occupy a commercial loading zone for more than thirty consecutive minutes; provided the street director may grant special permission in exceptional cases requiring additional time for loading and unloading.
c. Permits for creating special loading zones for use by commercial vehicles and vehicles while engaged in services in conjunction with public utilities, construction and maintenance, and special parking zones for use by official clearly identifiable news media vehicles and clearly identified vehicles of charitable nonprofit service organizations may be issued by the street director, in accordance with rules and regulations established by the director. Parking meter bags provided by the street director shall be used by the permittees to create, in the case of commercial vehicles, a special loading zone in a regular parking space for a time period normally not exceeding thirty minutes for the purpose of expeditiously loading and unloading commodities, and in the case of news media vehicles a special parking zone in a regular parking space for a period normally not exceeding one hour for the purpose of news reporting activities, and in the case of charitable nonprofit service organizations a special parking zone in a regular parking space for a period normally not exceeding one hour for the purpose of performing charitable services for the benefit of the inhabitants of the city. These parking meter bags shall not be placed on meters in loading or restricted zones or on meters of less than a one-hour time limit and shall contain thereon a card which identifies the permittee and the date and time of placement of the bag. Parking meter bags shall be locked in place by the permittee.
8. Violation of proper parking meter bag use shall result in the bag being removed from the meter, cancellation of the permit and forfeiture of the bag deposit. Rates to be charged for parking meter bags shall be as set out in SMC 8.02.083.
9. An official vehicle of the United States Postal Service will be regarded as an “authorized and identified” vehicle while occupying a commercial loading zone for the purpose of mail delivery or collection for up to fifteen minutes.
[Ord. C33112 § 58; Passed: 11/18/2002]
16.61.5704 Use of Passenger Zones.
No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious loading and unloading of passengers in any loading zone during the hours indicated on the sign designating the same, and then only for a period not to exceed three minutes. The driver of the vehicle must remain with the vehicle where the sign so indicates.
[Ord. C32707; Passed: 9/5/2000]
16.61.5705 Taxicabs and Buses to Park Only in Designated Stands – Rights of Other Vehicles in Such Zones.
1. The driver of a bus or taxicab shall not stand or park upon any public street or highway in the congested district at any place other than at a bus stop or taxicab stand, respectively, except that this provision shall not prevent the driver of any such vehicle from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of, and while actually engaged in, loading or unloading passengers.
2. No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand, when any such stop or stand has been officially designated and appropriately signed by the street director, except the driver of a passenger vehicle may temporarily stop therein for the purpose and while actually engaged in loading passengers, when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone.
[Ord. C33112 § 59; Passed: 11/18/2002]
16.61.5706 No Parking in Fire Lane.
No person may park a vehicle in a fire lane.
[Ord. C32950 § 5; Passed: 11/26/2001]
16.61.575 Additional Parking Regulations.
1. Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.
2. Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within twelve inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder.
3. Local authorities may by ordinance or resolution permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway unless the secretary of transportation has determined by order that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
4. The secretary with respect to highways under his or her jurisdiction may place official traffic control devices prohibiting, limiting, or restricting the stopping, standing, or parking of vehicles on any highway where the secretary has determined by order, such stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would unduly interfere with the free movement of traffic thereon. No person shall stop, stand, or park any vehicle in violation of the restrictions indicated by such devices.
[Ord. C31398 § 387; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.580 Repealed.
Repealed.
[Ord. C31398 § 388; Passed: 6/5/1995]
16.61.581 Indication of Parking Space for Disabled Persons – Failure, Penalty.
A parking space or stall for a disabled person shall be indicated by a vertical sign, between thirty-six and eighty-four inches off the ground, with the international symbol of access, whose colors are white on a blue background, described under RCW 70.92.120 and the notice “State disabled parking permit required.”
Failure of the person owning or controlling the property where required parking spaces are located to erect and maintain the sign is a class 2 civil infraction under RCW chapter 7.80 for each parking space that should be so designated. The person owning or controlling the property where the required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure to do so is a class 2 civil infraction. (Chapter 294, Laws of 1998 (SB6190))
[Ord. C32198 § 14; Passed: 6/15/1998]
16.61.582 Free Parking by Disabled Persons.
Any person who meets the criteria for special parking privileges under RCW 46.61.381 shall be allowed free of charge to park a vehicle being used to transport that person for unlimited periods of time in parking zones or areas including zones or areas with parking meters which are otherwise restricted as to the length of time parking is permitted. This section or RCW 46.61.582 does not apply to those zones or areas in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. The person shall obtain and display a special placard or license plate under RCW 46.16.381 to be eligible for the privileges under this section.
[Ord. C31398 § 390; Passed: 6/5/1995]
16.61.583 Special Plate or Card Issued by Another Jurisdiction.
A special license plate or card issued by another state or country that indicates an occupant of the vehicle is disabled, entitles the vehicle on or in which it is displayed and being used to transport the disabled person to the same overtime parking privileges granted under this chapter to a vehicle with a similar special license plate or card issued by this state.
[Ord. C31398 § 391; Passed: 6/5/1995]
16.61.584 Repealed.
Repealed.
[Ord. C31398 § 396; Passed: 6/5/1995]
16.61.585 Repealed.
Repealed.
[Ord. C31398 § 397; Passed: 6/5/1995]
16.61.586 Repealed.
Repealed.
[Ord. C31398 § 398; Passed: 6/5/1995]
16.61.587 Repealed.
Repealed.
[Ord. C31398 § 399; Passed: 6/5/1995]
16.61.588 Repealed.
Repealed.
[Ord. C31398 § 400; Passed: 6/5/1995]
16.61.589 Appointment of Registered Disposers.
The chief of police of the city, acting through the authority to remove vehicles herein, may remove the vehicles directly, through towing operators appointed either on a rotational or other basis, or through contracts, or by a combination of these methods, pursuant to such regulations the chief may adopt.
[Ord. C31398 § 392; Passed: 6/5/1995]
16.61.590 Unattended Motor Vehicle – Removal from Highway.
It is unlawful for the operator of a vehicle to leave the vehicle unattended within the limits of any highway unless the operator of the vehicle arranges for the prompt removal of the vehicle.
[Ord. C31398 § 393; Passed: 6/5/1995]
Cross Reference: Towing and impoundment: RCW ch. 46.55.
16.61.5902 Parking Meter Areas.
Parking meters, subject to designated time limits, as provided in SMC 16.61.5910, are authorized within the following areas of the City of Spokane:
Beginning at the point of intersection of the east line of Division Street with the north line of Boone Avenue; thence south along the east line of Division Street to the southerly line of the Spokane River; thence easterly along the southerly line of the Spokane River to the north-south half section line of Section 17, Township 25, Range 43; thence south along the north-south half section line of Section 17, Township 25, Range 43 to the northerly line of the Burlington Northern Santa Fe Railroad; thence westerly along the northerly line of the Burlington Northern Santa Fe Railroad to the east line of Division Street; thence south along the east line of Division Street to the south line of Sixth Avenue; thence west along the south line of Sixth Avenue to the west line of Wall Street; thence north along the west line of Wall Street to the south line of Fifth Avenue; thence west along the south line of Fifth Avenue to the west line of Monroe Street; thence north along the west line of Monroe Street to the south line of Third Avenue; thence west along the south line of Third Avenue to the west line of Cedar Street; thence north along the west line of Cedar Street to the south line of First Avenue; thence west along the south line of First Avenue to the east line of Walnut Street; thence north along the east line of Walnut Street to the north line of Riverside Avenue; thence easterly along the north line of Riverside Avenue to the east line of Cedar Street; thence north along the east line of Cedar Street and the east line of Cedar Street extended to the north line of Ohio Avenue; thence east along the north line of Ohio Avenue to the west line of Cedar Street; thence north along the west line of Cedar Street to the north line of Broadway; thence east along the north line of Broadway to the west line of Adams Street; thence north along the west line of Adams Street to the north line of Boone Avenue; thence east along the north line of Boone Avenue to the east line of Division Street, which is the point of beginning;
Also beginning at the intersection of the east line of McClellan Street with the north line of Eighth Avenue; thence east along the north line of Eighth Avenue to the west line of Cowley Street; thence south along the west line of Cowley Street and the extended west line of Cowley Street to the south line of Rockwood Boulevard; thence westerly along the south line of Rockwood Boulevard to its intersection with the south line of Ninth Avenue; thence west along the south line of Ninth Avenue to the extended east line of McClellan Street; thence north along the east line of McClellan Street to the point of beginning;
Also in any City-owned public parking lot within or adjacent to either the congested district or any other area wherein parking meters are otherwise permitted; and
Also those areas in Spokane International Airport and Felts Field designated by the airport board as provided in SMC 12.03.0602.
[Ord. C32950 § 8; Passed: 11/26/2001]
16.61.5904 Installation.
The street director, subject to the approval of the mayor, is hereby authorized and directed to install or place parking meters in the parking meter areas at the places designated by said street director. Such parking meters shall be placed upon the curb alongside of or next to individual parking places to be designated as hereinafter provided. Each parking meter shall be installed and set to display an indication showing legal parking upon deposit therein of the proper coin or coins of the United States and upon putting the meter in operation, as indicated by instructions on said meter. At expiration of the parking period purchased by the coin(s), a change in indication shall indicate expiration of parking period.
[Ord. C33112 § 60; Passed: 11/18/2002]
16.61.5906 Parking Spaces Marked – Must Park in Stalls.
The street director is instructed to have lines or markings painted or placed upon the curb and/or upon the street adjacent to each parking meter for the purpose of indicating the parking space from which said meter is to be used, and each vehicle parked alongside of or next to any parking meter shall park within the lines or markings so established. It is unlawful and a violation of this code to park any vehicle across any such line or marking or to park such vehicle in such position that the same shall not be entirely within the area so designated by such lines or markings.
[Ord. C33112 § 61; Passed: 11/18/2002]
16.61.5908 Method of Parking.
When a parking space in any parking meter area is parallel with the adjacent curb or sidewalk, any vehicle parking such parking space shall be so parked so that the foremost part of such vehicle shall be alongside of and nearest to the parking meter.
[Ord. C31398 § 397; Passed: 6/5/1995]
16.61.591 Repealed.
Repealed.
[Ord. C31398 § 402; Passed: 6/5/1995]
16.61.5910 Parking Time Limit – Deposit of Coins – Maximum Parking Time – Certain Holidays Excepted – Parking Permit.
1. The time limit for parking on streets and avenues of the City within the areas designated for the installation of parking meters and where such meters are actually installed is:
a. ten minutes;
b. fifteen minutes;
c. thirty minutes;
d. one hour;
e. ninety minutes;
f. two hours;
g. three hours; and
h. ten hours,
as determined by the street director. A parking meter fee shall be paid by all persons parking a motor vehicle within any metered parking space in the area designated in SMC 16.61.5902. A sign or legend installed on each meter indicates the fee and the time for which parking is permitted.
2. In those parking meter spaces where parking meters are in operation, designed for the deposit of United States coins, as designated on the parking meter, the operator of the vehicle shall, upon entering a metered parking space, immediately deposit the required coin or coins up to the maximum legal parking times and put the meter in operation.
3. The fees for parking in a metered space are as provided in SMC 8.02.083. Only those denominations and combinations of coins may be used which are indicated to be acceptable by the legend affixed to the meter. In any case the time given for the deposit of any coin is subject to the amount of unexpired time available on and indicated by the meter.
4. If a vehicle shall remain parked in said parking space beyond the legal parking time displayed on the meter, an indication on the meter will signify expiration of the time purchased. The presence of a vehicle in a stall with its parking meter indicating expiration of legal parking time shall be a violation of this title and subject the registered owner and/or operator to liability as hereinafter set forth.
5. Except for metered spaces at Spokane International Airport and Felts Field as authorized by SMC 12.03.0600 and 12.03.0602, parking meter space may be used without charge during all hours on Sundays, New Years Day, Martin Luther King, Jr.’s Birthday, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, and on the Monday following, or the Friday preceding said holidays where designated a national holiday for observance. Any metered parking space may, unless otherwise designated by sign or legend on or adjacent thereto, be occupied for the legal time limit without payment of fee between the hours of six p.m. and nine a.m.
[Ord. C33112 § 62; Passed: 11/18/2002]
16.61.5912 Repealed.
Repealed.
[Ord. C32950 § 9; Passed: 11/26/2001]
16.61.5914 Feeding Meter Beyond Maximum Parking Time.
It is unlawful and a violation of this title for any person to deposit or cause to be deposited in a parking meter a coin for the purpose of increasing or extending the parking time of any vehicle beyond the legal maximum parking time which has been established for the parking space adjacent to which said parking meter is placed.
[Ord. C31398 § 400; Passed: 6/5/1995]
16.61.5916 Unlawful to Park Against Meter Indication.
It is unlawful and a violation of this code for any person to permit a vehicle to remain or be placed in any parking space adjacent to any parking meter while said parking meter is displaying a signal indicating “no parking” (by symbol or words), “fail,” “jam,” or “out of order.”
[Ord. C32950 § 4; Passed: 11/26/2001]
16.61.5918 Must Use Lawful Coins.
It is unlawful to deposit, or cause to be deposited, in any parking meter any slug, device or substitute for a coin of the United States.
[Ord. C31398 § 402; Passed: 6/5/1995]
16.61.592 Repealed.
Repealed.
[Ord. C31398 § 403; Passed: 6/5/1995]
16.61.5920 Repealed.
Repealed.
[Ord. C31823 § 12; Passed: 1/27/1997]
16.61.5921 No Parking at Hooded Meter.
No person may park a vehicle in a stall the meter for which is hooded.
[Ord. C32950 § 6; Passed: 11/26/2001]
16.61.5922 Penalties.
The penalties for each violation of the provisions of SMC 16.61.560 through 16.61.5920 shall be as provided in SMC 8.02.083.
[Ord. C31398 § 404; Passed: 6/5/1995]
16.61.5924 Failure to Comply with Notice of Violation.
1. If no response or payment is made within fifteen calendar days of the date of the issuance of the notice of infraction, the municipal court shall mail a delinquency notice to the registered owner of the vehicle, informing him/her of the violation.
2. If no response or payment is made within ten calendar days of the date of mailing of the delinquency notice, the municipal court may attach additional penalties to the infraction including a notice to Department of Licensing as provided in RCW 46.20.270(3) and the City may pursue such other remedies as provided by ordinance.
[Ord. C32950 § 7; Passed: 11/26/2001]
16.61.595 Repealed.
Repealed.
[Ord. C31398 § 406; Passed: 6/5/1995]
16.61.596 Repealed.
Repealed.
[Ord. C31398 § 407; Passed: 6/5/1995]
16.61.597 Repealed.
Repealed.
[Ord. C31398 § 404; Passed: 6/5/1995]
16.61.598 Repealed.
Repealed.
[Ord. C31398 § 405; Passed: 6/5/1995]
16.61.600 Unattended Motor Vehicle.
1. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake thereon and, when standing upon any perceptible grade, turning the front wheels to the curb or side of the highway.
2. The most recent driver of a motor vehicle which the driver has left standing unattended who learns that the vehicle has become set in motion and has struck another vehicle or property, or has caused injury to any person, shall comply with the requirements of:
a. RCW 46.52.010, or the equivalent provisions of this title, if his vehicle strikes an unattended vehicle or property adjacent to a public highway; or
b. RCW 46.52.020, or the equivalent provisions of this title, if his vehicle causes damage to an attended vehicle or other property or injury to any person.
3. Any person failing to comply with subsection (2)(b) of this section shall be subject to the sanctions set forth in RCW 46.52.020, or the equivalent provisions of this title.
[Ord. C31398 § 408; Passed: 6/5/1995]
16.61.603 Excessive Idling.
See SMC 15.02.020.
[Ord. C31398 § 409; Passed: 6/5/1995]
16.61.605 Limitations on Backing.
1. The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.
2. The driver of a vehicle shall not back the same upon any shoulder or roadway of any limited access highway.
[Ord. C31398 § 410; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.606 Driving on Sidewalk Prohibited – Exception.
No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway. The director of engineering services may, at his discretion, upon written application stating the place of the proposed crossing and the purpose for which such crossing is desired, issue a permit for a temporary crossing for a period of not longer than five days. For such temporary crossing the curb or sidewalk shall be covered with two-inch planks not less than ten feet in length and the outside edges of the sidewalk or curb shall be protected with planks or timbers so as to prevent contact with the sidewalk or curb. All such planks, timbers and other obstructions shall be removed from the street or highway, curb or sidewalk, when and as soon as such crossing is not in actual use, and no planks or timbers or other obstructions shall be allowed to remain on the street or highway, curb or sidewalk, between the hours of sunset and sunrise.
[Ord. C32762; Passed: 12/11/2000]
16.61.608 Operating Motorcycles on Roadways Laned for Traffic.
1. All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.
2. The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
3. No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
4. Motorcycles shall not be operated more than two abreast in a single lane.
5. Subsections “2” and “3” of this section shall not apply to police officers in the performance of their official duties.
[Ord. C31398 § 412; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.610 Riding on Motorcycles.
A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator; provided however, that the motorcycle must contain foot pegs of a type approved by the equipment commission for each person such motorcycle is designed to carry.
[Ord. C31398 § 413; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2;
Equipment regulations for motorcycles, motor-driven cycles or mopeds: RCW 46.37.530, 46.37.535;
Mopeds: RCW 46.16.630, 46.61.710, 46.61.720.
16.61.611 Motorcycles – Maximum Height for Handlebars.
No person shall operate on a public highway a motorcycle in which the handlebars or grips are more than thirty inches higher than the seat or saddle for the operator.
[Ord. C32489 § 19; Passed: 9/13/1999]
16.61.612 Riding on Motorcycles – Both feet Not to be On Same Side.
No person shall ride a motorcycle in a position where both feet are placed on the same side of the motorcycle.
[Ord. C31398 § 415; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.613 Motorcycles – Temporary Suspension of Restrictions for Parades or Public Demonstrations.
The provisions of RCW 46.37.530 and 46.61.610 through 46.61.612, or the equivalent provisions of this title, may be temporarily suspended by the chief of police, or his designee, with respect to the operation of motorcycles within the city in connection with a parade or public demonstration.
[Ord. C31398 § 416; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.614 Riding on Motorcycles – Clinging to Other Vehicles.
No person riding upon a motorcycle shall attach himself or the motorcycle to any other vehicle on a roadway.
[Ord. C31398 § 417; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.615 Obstructions to Driver’s View or Driving Mechanism.
1. No person shall drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver’s control over the driving mechanism of the vehicle.
2. No passenger in a vehicle shall ride in such position as to interfere with the driver’s view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle.
[Ord. C31398 § 418; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.620 Opening and Closing Vehicle Doors.
No person shall open the door of a motor vehicle on the side adjacent to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle adjacent to moving traffic for a period of time longer than necessary to load or unload passengers.
[Ord. C31398 § 419; Passed: 6/5/1995]
16.61.625 Riding in Trailers or Towed Vehicles.
1. No person or persons shall occupy any trailer while it is being moved upon a public highway, except a person occupying a proper position for steering a trailer designed to be steered from a rear-end position.
2. No person or persons may occupy a vehicle while it is being towed by a tow truck as defined in RCW 46.55.010.
[Ord. C32489 § 20; Passed: 9/13/1999]
16.61.630 Coasting Prohibited.
1. The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears of such vehicle in neutral.
2. The driver of a commercial motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged.
[Ord. C31398 § 421; Passed: 6/5/1995]
16.61.635 Following Fire Apparatus Prohibited.
The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet or stop such vehicle within five hundred feet of any fire apparatus stopped in answer to a fire alarm.
[Ord. C31398 § 422; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.640 Crossing Fire Hose.
No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street or private driveway, to be used at any fire or alarm of fire, without the consent of the fire department official in command.
[Ord. C31398 § 422; Passed: 6/5/1995]
16.61.645 Throwing Dangerous Materials on Highway Prohibited – Removal.
1. No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal, or vehicle upon such highway.
2. Any person who drops, or permits to be dropped or thrown upon any highway, any destructive or injurious material shall immediately remove the same or cause it to be removed.
3. Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.
[Ord. C31398 § 424; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2;
Lighted material, disposal of: RCW 76.04.455;
Littering: RCW ch. 70.93.
16.61.655 Dropping Load, Other Materials – Covering.
1. No vehicle shall be driven or moved on any public highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction. Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public highway, shall immediately cause the public highway to be cleaned of all such glass or objects and shall pay any costs therefor.
2. No person may operate on any public highway any vehicle with any load unless the load and such covering as required thereon by subsection (3) of this section is securely fastened to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.
3. Any vehicle operating on a paved public highway with a load of dirt, sand, or gravel susceptible to being dropped, spilled, leaked, or otherwise escaping therefrom shall be covered so as to prevent spillage. Covering of such loads is not required if six inches of freeboard is maintained within the bed.
4. Any vehicle with deposits of mud, rocks, or other debris on the vehicles body, fenders, frame, undercarriage, wheels, or tires shall be cleaned of such material before the operation of the vehicle on a paved public highway.
5. The mayor may make necessary rules to carry into effect the provisions of this section, applying such provisions to specific conditions and loads and prescribing means, methods and practices to effectuate such provisions.
6. Nothing in this section may be construed to prohibit a public maintenance vehicle from dropping sand on a highway to enhance traction, or sprinkling water or other substances to clean or maintain a highway.
[Ord. C32755; Passed: 12/4/2000]
Cross Reference: Littering: RCW ch. 70.93;
Transporting waste to landfills: RCW 70.93.097.
16.61.660 Carrying Persons or Animals On Outside Part of Vehicle.
It shall be unlawful for any person to transport any living animal on the running board, fenders, hood, or other outside part of any vehicle unless suitable harness, cage, or enclosure be provided and so attached as to protect such animal from falling or being thrown therefrom. It shall be unlawful for any person to transport any persons upon the running board, fenders, hood, or other outside part of any vehicle, except that this provision shall not apply to authorized emergency vehicles.
[Ord. C31398 § 426; Passed: 6/5/1995]
16.61.663 Ski-jogging.
It is unlawful, anywhere within the City of Spokane, for any person to cling to a motor vehicle for the purpose of being pulled over snow or ice by the motor vehicle.
[Ord. C31398 § 427; Passed: 6/5/1995]
16.61.665 Embracing Another While Driving.
It shall be unlawful for any person to operate a motor vehicle upon the highways of this city when such person has in his or her embrace another person which prevents the free and unhampered operation of such vehicle. Operation of a motor vehicle in violation of this section or RCW 16.61.665 is prima facie evidence of reckless driving.
[Ord. C31398 § 428; Passed: 6/5/1995]
16.61.670 Driving with Wheels Off Roadway.
It shall be unlawful to operate or drive any vehicle or combination of vehicles over or along any pavement or gravel or crushed rock surface on a public highway with one wheel or all the wheels off the roadway thereof, except as permitted by SMC 16.61.428 or for the purpose of stopping off such roadway, or having stopped thereat, for proceeding back onto the pavement, gravel, or crushed rock surface thereof.
[Ord. C31398 § 429; Passed: 6/5/1995]
16.61.675 Causing or Permitting Vehicle to be Unlawfully Operated.
It shall be unlawful for the owner, or any other person, in employing or otherwise directing the operator of any vehicle, to require or knowingly to permit the operation of such vehicle upon any public highway in any manner contrary to the law.
[Ord. C31398 § 430; Passed: 6/5/1995]
16.61.680 Lowering Passenger Motor Vehicle Below Legal Clearance – Penalty.
It is unlawful to operate any passenger motor vehicle which has been modified from the original design so that any portion of such passenger vehicle other than the wheels has less clearance from the surface of a level roadway than the clearance between the roadway and the lowermost portion of any rim of any wheel, the tire on which is in contact with such roadway.
Violation of the provisions of this section is a traffic infraction.
[Ord. C31398 § 431; Passed: 6/5/1995]
16.61.685 Leaving Children Unattended in Standing Vehicle with Motor Running – Penalty.
It is unlawful for any person, while operating or in charge of a vehicle, to park or willfully allow such vehicle to stand upon a public highway or in a public place with its motor running, leaving a minor child or children under the age of sixteen years unattended in the vehicle.
Any person violating the provisions of this section is guilty of a misdemeanor. Upon a second or subsequent conviction for a violation of this section, the department shall revoke the operator’s license of such person.
[Ord. C31398 § 432; Passed: 6/5/1995]
Cross Reference: Rules of Court: Bail in criminal traffic offense cases – Mandatory appearance – CrRLJ 3.2;
Leaving children unattended in parked automobile while entering tavern, etc.: RCW 9.91.060.
16.61.687 Child Passenger Restraint Required – Conditions – Exceptions – Penalty for Violation – Dismissal – Noncompliance Not Negligence.
1. Whenever a child who is less than sixteen years of age is being transported in a motor vehicle that is in operation and that is required by RCW 46.37.510 to be equipped with a safety belt system in a passenger seating position, the driver of the vehicle shall keep the child properly restrained as follows:
a. If the child is less than six years old and/or sixty pounds and the passenger seating position equipped with a safety belt system allows sufficient space for installation, then the child will be restrained in a child restraint system that complies with standards of the United States department of transportation and that is secured in the vehicle in accordance with instructions of the manufacturer of the child restrain system;
b. If the child is less than one year of age or weighs less than twenty pounds, the child shall be properly restrained in a rear-facing infant seat;
c. If the child is more than one but less than four years of age or weighs less than forty pounds but at least twenty pounds, the child shall be properly restrained in a forward facing child safety seat restraint system;
d. If the child is less than six but at least four years of age or weighs less than sixty pounds but at least forty pounds, the child shall be properly restrained in a child booster seat;
e. If the child is six years of age or older or weighs more than sixty pounds, the child shall be properly restrained with the motor vehicle’s safety belt properly adjusted and fastened around the child’s body or an appropriately fitting booster seat; and
f. Enforcement of (a) through (e) of this subsection is subject to a visual inspection by law enforcement to determine if the child restraint system in use is appropriate for the child’s individual height, weight, and age. The visual inspection for usage of a forward facing child safety seat must ensure that the seat in use is equipped with a four-point shoulder harness system. The visual inspection for usage of a booster seat must ensure that the seat belt properly fits across the child’s lap and the shoulder strap crosses the center of the child’s chest. The visual inspection for the usage of a seat belt by a child must ensure that the lap belt properly fits across the child’s lap and the shoulder strap crosses the center of the child’s chest. In determining violations, consideration to the above criteria must be given in conjunction with the provisions of (a) through (e) of this subsection. The driver of a vehicle transporting a child who is under the age of six years old or weighs less than sixty pounds, when the vehicle is equipped with a passenger side air bag supplemental restraint system, and the air bag system is activated, shall transport the child in the back seat positions in the vehicle where it is practical to do so.
2. A person violating subsection (1)(a) through (e) of this section may be issued a notice of traffic infraction under RCW chapter 46.63. If the person to whom the notice was issued presents proof of acquisition of an approved child passenger restraint system or a child booster seat, as appropriate, within seven days to the jurisdiction issuing the notice and the person has not previously had a violation of this section dismissed, the jurisdiction shall dismiss the notice of traffic infraction.
3. Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian; nor shall failure to use a child restraint system be admissible as evidence of negligence in any civil action.
4. This section does not apply to:
a. for-hire vehicles;
b. vehicles designed to transport sixteen or fewer passengers, including the driver, operated by auto transportation companies, as defined in RCW 81.68.010;
c. vehicles providing customer shuttle service between parking, convention and hotel facilities and airport terminals, and
d. school buses.
5. As used in this section “child booster seat” means a child passenger restraint system that meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213 that is designed to elevate a child to properly sit in a federally approved lap/shoulder belt system.
6. The requirements of subsection (1)(a) through (e) of this section do not apply in any seating position where there is only a lap belt available and the child weighs more than forty pounds.
[Ord. C32707; Passed: 9/5/2000]
Cross Reference: Standards for child passenger restraint systems: RCW 46.37.505.
16.61.688 Safety Belts, Use Required – Penalties – Exemptions.
1. For the purposes of this section, the term “motor vehicle” includes:
a. “Buses,” meaning motor vehicles with motive power, except trailers, designed to carry more than ten passengers;
b. “Multipurpose passenger vehicles,” meaning motor vehicles with motive power, except trailers, designed to carry ten persons or less that are constructed either on a truck chassis or with special features for occasional off-road operation;
c. “Passenger cars,” meaning motor vehicles with motive power, except multipurpose passenger vehicles, motorcycles, or trailers, designed for carrying ten passengers or less; and
d. “Trucks,” meaning motor vehicles with motive power, except trailers, designed primarily for the transportation of property.
2. This section only applies to motor vehicles that meet the manual seat belt safety standards as set forth in federal motor vehicle safety standard 208. This section does not apply to a vehicle occupant for whom no safety belt is available when all designated seating positions as required by federal motor vehicle safety standard 208 are occupied.
3. Every person sixteen years of age or older operating or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fashioned manner.
4. No person may operate a motor vehicle unless all child passengers under the age of sixteen years are either:
a. Wearing a safety belt assembly; or
b. are securely fastened into an approved child restraint device.
5. A person violating this section shall be issued a notice of traffic infraction under RCW chapter 46.63. A finding that a person has committed a traffic infraction under this section shall be contained in the driver’s abstract but shall not be available to insurance companies or employers.
6. Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action.
7. This section does not apply to an operator or passenger who possesses written verification from a licensed physician that the operator or passenger is unable to wear a safety belt for physical or medical reasons.
8. Reserved.
[Ord. C33037 § 1; Passed: 6/10/2002]
16.61.690 Repealed.
Repealed.
[Ord. C31398 § 435; Passed: 6/5/1995]
16.61.695 Repealed.
Repealed.
[Ord. C31398 § 436; Passed: 6/5/1995]
16.61.700 Parent or Guardian Shall Not Authorize or Permit Violation by a Child or Ward.
The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter or RCW chapter 46.61.
[Ord. C31398 § 437; Passed: 6/5/1995]
Cross Reference: Captions used herein, not part of the law: RCW 46.61.990;
Unlawful to allow unauthorized child or ward to drive: RCW 46.20.343.
16.61.710 Mopeds, Electric-assisted Bicycles – General Requirements and Operation.
1. No person shall operate a moped upon the streets and highways of this state unless the moped has been assigned a moped registration number and displays a moped permit in accordance with the provisions of RCW 46.16.630.
2. Notwithstanding any other provision of law, a moped may not be operated on a bicycle path or trail, bikeway, equestrian trail, or hiking or recreational trail.
3. Operation of a moped, electric personal assistive mobility device, or an electric-assisted bicycle on a fully controlled limited access highway is unlawful. Operation of a moped or an electric-assisted bicycle on a sidewalk is unlawful.
4. Removal of any muffling device or pollution control device from a moped is unlawful.
5. Subsections (1), (2), and (4) of this section do not apply to electric-assisted bicycles. Electric-assisted bicycles may have access to highways of the state to the same extent as bicycles. Electric-assisted bicycles may be operated on a multipurpose trail or bicycle lane, but the City may restrict or otherwise limit the access of electric-assisted bicycles.
6. A person operating an electric personal assistive mobility device (EPAMD) shall obey all speed limits and shall yield the right-of-way to pedestrians and human-powered devices at all times. An operator must also give an audible signal before overtaking and passing a pedestrian. Except for the limitations of this subsection, persons operating an EPAMD have all the rights and duties of a pedestrian.
7. The use of an EPAMD may be regulated in the following circumstances:
a. The City may prohibit the operation of an EPAMD on public streets and highways within the city where the speed limit is greater than twenty-five miles per hour;
b. The City may restrict the speed of an EPAMD in locations with congested pedestrian or nonmotorized traffic and where there is significant speed differential between pedestrians or nonmotorized traffic and EPAMD operators. The areas in this subsection must be designated by the city engineer or a designee. The city shall not restrict the speed of an EPAMD in the entire community or in areas in which there is infrequent pedestrian traffic;
c. The City may regulate the operation of an EPAMD within the boundaries of any area used for recreation, open space, habitat, trails, or conservation purposes.
[Ord. C33037 § 9; Passed: 6/10/2002]
16.61.715 Repealed.
Repealed.
[Ord. C31398 § 441; Passed: 6/5/1995]
16.61.716 Repealed.
Repealed.
[Ord. C31398 § 442; Passed: 6/5/1995]
16.61.717 Repealed.
Repealed.
[Ord. C31398 § 443; Passed: 6/5/1995]
16.61.718 Repealed.
Repealed.
[Ord. C31398 § 444; Passed: 6/5/1995]
16.61.720 Mopeds – Safety Standards.
Mopeds shall comply with those federal motor vehicle safety standards established under the National Traffic Vehicle Safety Act of 1966 (15 U.S.C. section 1381, et seq.) which are applicable to a motor-driven cycle, as that term is defined in such federal standards.
[Ord. C31398 § 439; Passed: 6/5/1995]
Cross Reference: Mopeds: drivers’ licenses, motorcycle endorsement, moped exemption: RCW 46.20.500;
Registration: RCW 46.16.630.
16.61.730 Wheelchair Conveyances.
1. No person may operate a wheelchair conveyance on any public roadway with a posted speed limit in excess of thirty-five miles per hour.
2. No person other than a wheelchair-bound person may operate a wheelchair conveyance on a public roadway.
3. Every wheelchair-bound person operating a wheelchair conveyance upon a roadway is granted all the rights and is subject to all the duties applicable to the driver of a vehicle by this chapter, except those provisions that by their nature can have no application.
4. A violation of this section is a traffic infraction.
[Ord. C31398 § 440; Passed: 6/5/1995]
Cross Reference: Wheelchair conveyances:.
Definitions: RCW 46.04.710;
Licensing: RCW 46.16.640;
Operator’s license: RCW 46.20.550;
Safety standards: RCW 46.37.610.
16.61.740 Obstructing Traffic at Intersections.
It is unlawful for the operator of a motor vehicle to enter an intersection control area unless there is sufficient space on the opposite side thereof to accommodate the vehicle without obstructing traffic in such area, notwithstanding traffic-control signal indication to proceed.
[Ord. C31398 § 441; Passed: 6/5/1995]
16.61.742 Use of Coasters, Roller Skates and Similar Devices Restricted.
No person upon a nonmotorized vehicle or wheelchair or similar invalid transportation device, whether motorized or not, shall go upon any roadway except while crossing a street or highway on a crosswalk and except upon streets and highways set aside as play streets when and as authorized by ordinances of the city or by order of the city council.
[Ord. C31398 § 442; Passed: 6/5/1995]
16.61.744 Dragging and Rough-lock Prohibited.
No person shall drag or haul any timber or any article along or over any public street or highway in the city in such a manner that a portion of the same shall rest upon or come in contact with the surface of such street or highway; nor shall any person on any planked, paved, or macadamized street lock the wheels of any vehicle by the method commonly known as rough-lock; nor by any method whereby anything other than the tire of such wheel or smooth shoe shall come in contact with the surface of the street or highway.
[Ord. C31398 § 443; Passed: 6/5/1995]
16.61.746 Unnecessary Motor Noise Prohibited.
It is unlawful for any person to tune up or race the engine of any motor vehicle on any public street or highway of the city. The object of this provision is to prohibit loud or distressing noises.
[Ord. C31398 § 444; Passed: 6/5/1995]
16.61.748 Unlawful to Drive Across Freshly Painted Line.
It is unlawful for any driver of any vehicle to knowingly drive across a freshly painted line or marking on the streets and highways of this city while such line or marking is still wet.
[Ord. C31398 § 445; Passed: 6/5/1995]
16.61.750 Effect of Regulations – Penalty.
1. It is a traffic infraction for any person to do any act forbidden or fail to perform any act required in RCW 46.61.750 through 46.61.780, or the equivalent provisions of this title.
2. These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any bicycle path, subject to those exceptions stated herein.
[Ord. C31398 § 446; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2;
Bicycle awareness program: RCW 43.43.390;
“Bicycle” defined: RCW 46.04.071.
16.61.755 Traffic Laws Apply to Persons Riding Bicycles.
1. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter or RCW chapter 46.61, except as to special regulations in RCW 46.61.750 through 46.61.780, or the equivalent provisions of this title, and except as to those provisions of this chapter which by their nature can have no application.
2. Every person riding a bicycle upon a sidewalk or crosswalk must be granted all of the rights (except when riding on a sidewalk in the retail zone as prohibited in SMC 16.61.787) and is subject to all of the duties applicable to a pedestrian by this chapter.
[Ord. C32707; Passed: 9/5/2000]
16.61.758 Hand Signals.
All hand signals required of persons operating bicycles shall be given in the following manner:
1. Left turn. Left hand and arm extended horizontally beyond the side of the bicycle;
2. Right turn. Left hand and arm extended upward beyond the side of the bicycle, or right hand and arm extended horizontally to the right side of the bicycle;
3. Stop or decrease speed. Left hand and arm extended downward beyond the side of the bicycle.
The hand signals required by this section shall be given before initiation of a turn.
[Ord. C31398 § 448; Passed: 6/5/1995]
16.61.760 Riding on Bicycles.
1. A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
2. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
[Ord. C31398 § 449; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.765 Clinging to Vehicles.
No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
[Ord. C31398 § 450; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.770 Riding on Roadways and Bicycle Paths.
1. Every person operating a bicycle upon a roadway at a rate of speed less than the normal flow of traffic at the particular time and place shall ride as near to the right side of the right through lane as is safe except as may be appropriate while preparing to make or while making turning movements, or while overtaking and passing another bicycle or vehicle proceeding in the same direction. A person operating a bicycle upon a roadway or highway other than a limited-access highway, which roadway or highway carries traffic in one direction only and has two or more marked traffic lanes, may ride as near to the left side of the left through lane as is safe. A person operating a bicycle upon a roadway may use the shoulder of the roadway, or any specially designated bicycle lane if such exists.
2. Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
3. It shall be unlawful for any person to lead, drive, ride, or propel any team, wagon, animal, or vehicle other than a bicycle, electric personal assistive mobility device, or similar vehicle upon and along any bicycle path constructed within or without the corporate limits of this city excepting at suitable crossings to be provided in the construction of such paths. Any person violating the provisions of this section shall be guilty of a misdemeanor.
[Ord. C33037 § 10; Passed: 6/10/2002]
Cross Reference: RCW 35.75.020.
16.61.775 Carrying Articles.
No person operating a bicycle shall carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handle bars.
[Ord. C31398 § 452; Passed: 6/5/1995]
Cross Reference: Rules of Court: Monetary penalty schedule – JTIR 6.2.
16.61.780 Lamps and Other Equipment on Bicycles.
1. Every bicycle when in use during the hours of darkness as defined in RCW 46.37.020 shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the state patrol which shall be visible from all distances up to six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector. A light-emitting diode flashing taillight visible from a distance of five hundred feet to the rear may also be used in addition to the red reflector.
2. Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement. (Chapter 165, Laws of 1998 (HB2439))
[Ord. C32198; Passed: 6/15/1998]
16.61.783 Repealed.
Repealed.
[Ord. C31398 § 454; Passed: 6/5/1995]
16.61.785 Repealed.
Repealed.
[Ord. C31398 § 455; Passed: 6/5/1995]
16.61.787 Sidewalk Riding and Parking Regulated.
1. No person may ride a bicycle or nonmotorized vehicle upon any sidewalk or other pedestrian way within the retail zone of the congested district of the city as defined by SMC 16.04.145; provided, that nothing contained herein shall be construed to prohibit the riding of a bicycle or nonmotorized vehicle upon any sidewalk or other pedestrian way within any area other than the retail zone of the congested district of the city.
2. Whenever any person is riding a bicycle or nonmotorized vehicle upon a sidewalk or other pedestrian way of the city, such persons shall yield the right-of-way to all pedestrians and shall give an audible signal before overtaking and passing any such pedestrian.
3. Whenever any person is riding a bicycle or nonmotorized vehicle upon a sidewalk or other pedestrian way of the city, such person shall at all times exercise due care to avoid colliding with any pedestrian and shall operate the same in a careful and prudent manner and at a rate of speed no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and condition of surface. When, because of the width of such sidewalk or other pedestrian way or the amount of pedestrian traffic thereon, riding a bicycle on such sidewalk or other pedestrian way would endanger or unreasonably inconvenience pedestrians, such person shall stop and dismount from such bicycle.
4. No person shall place a bicycle or nonmotorized vehicle upon a sidewalk or other pedestrian way in such manner as to obstruct reasonable pedestrian traffic and/or vehicular traffic emerging from alleys or driveways.
5. This section does not apply in Riverfront Park or to the Centennial Trail.
6. This section does not apply to law enforcement personnel patrolling on bicycles.
[Ord. C31398 § 456; Passed: 6/5/1995]
16.61.790 Repealed.
Repealed.
[Ord. C31398 § 457; Passed: 6/5/1995]
16.61.795 Authority of the Mayor to Prohibit Riding of Bicycles.
The mayor may authorize the street director to erect signs on any sidewalk or other pedestrian way or roadway prohibiting the riding of bicycles thereon by any person, and when such signs are in place, no person shall disobey the same.
[Ord. C33112 § 63; Passed: 11/18/2002]
16.61.800 Theft of Motor Vehicle Fuel.
1. Any person who refuses to pay or evades payment for motor vehicle fuel that is pumped into a motor vehicle is guilty of theft of motor vehicle fuel. A violation of this subsection is a gross misdemeanor punishable under RCW chapter 9A.20.
2. The court shall order the department to suspend the person’s license, permit, or nonresident privilege to drive for a period specified by the court of up to six months.
[Ord. C32905 § 8; Passed: 9/10/2001]
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