Chapter 16.64
Enforcement

Sections:

16.64.010 Repealed.

16.64.015 Citation and Notice to Appear in Court – Issuance – Contents – Written Promise – Arrest – Detention.

16.64.020 Repealed.

16.64.025 Repealed.

16.64.030 Repealed.

16.64.035 Posting of Security or Bail by Nonresident – Penalty.

16.64.048 Attempting, Aiding, Abetting, Coercing, Committing Violations, Punishable.

16.64.050 General Penalty.

16.64.055 Additional Penalty.

16.64.060 Stopping Motor Vehicles for Driver’s License Check, Vehicle Inspection and Test – Purpose.

16.64.070 Stopping Motor Vehicles for Driver’s License Check, Vehicle Inspection and Test – Authorized – Powers Additional.

16.64.100 Repealed.

16.64.200 Purpose.

16.64.210 Authorized Use of Automated Traffic Enforcement Systems.

16.64.220 Certificate of Innocence.

16.64.240 Notice and Disposition of Traffic Infractions.

16.64.010 Repealed.

Repealed.

[Ord. C31398 § 471; Passed: 6/5/1995]

16.64.015 Citation and Notice to Appear in Court – Issuance – Contents – Written Promise – Arrest – Detention.

Whenever any person is arrested for any violation of the traffic laws or regulations which is punishable as a misdemeanor or by imposition of a fine, the arresting officer may serve upon him or her a traffic citation and notice to appear in court. Such citation and notice shall conform to the requirements of RCW 46.64.010, and, in addition, shall include spaces for the name and address of the person arrested, the license number of the vehicle involved, the driver’s license number of such person, if any, the offense or violation charged, the time and place where such person shall appear in court, and a place where the person arrested may sign. Such spaces shall be filled with the appropriate information by the arresting officer. The arrested person, in order to secure release, and when permitted by the arresting officer, must give his or her written promise to appear in court as required by the citation and notice, by signing in the appropriate place the written citation and notice served by the arresting officer, and if the arrested person is a nonresident of the state, shall also post a bond, cash security, or bail as required under RCW 46.64.035. An officer may not serve or issue any traffic citation or notice for any offense or violation except either when the offense or violation is committed in his or her presence or when a person may be arrested pursuant to RCW 10.31.100, or SMC 16.64.100, as now or hereafter amended. The detention arising from an arrest under this section may not be for a period of time longer than is reasonably necessary to issue and serve a citation and notice, except that the time limitation does not apply under any of the following circumstances:

1.   Where the arrested person refuses to sign a written promise to appear in court as required by the citation and notice provisions of this section;

2.   Where the arresting officer has probable cause to believe that the arrested person has committed any of the offenses enumerated in RCW 10.31.100(3), or SMC 16.64.100(3) as now or hereafter amended;

3.   When the arrested person is a nonresident and is being detained for a hearing under RCW 46.64.035, or the equivalent provisions of this title.

[Ord. C31398 § 472; Passed: 6/5/1995]

16.64.020 Repealed.

Repealed.

[Ord. C31398 § 473; Passed: 6/5/1995]

16.64.025 Repealed.

Repealed.

[Ord. C31398 § 474; Passed: 6/5/1995]

16.64.030 Repealed.

Repealed.

[Ord. C31398 § 475; Passed: 6/5/1995]

16.64.035 Posting of Security or Bail by Nonresident – Penalty.

Any nonresident of the state of Washington who is issued a notice of infraction or a citation for a traffic offense may be required to post either a bond or cash security in the amount of the infraction penalty or to post bail. The court shall accept, in lieu of bond or cash security, valid major credit cards issued by a bank or other financial institution or automobile club card guaranteed by an insurance company licensed to conduct business in the state. If payment is made by credit card the court is authorized to impose, in addition to any penalty or fine, an amount equal to the charge to the court for accepting such cards. If the person cannot post the bond, cash security, or bail, he or she shall be taken to a magistrate or judge for a hearing at the first possible working time of the court. If the person refuses to comply with this section, he or she shall be guilty of a misdemeanor. This section does not apply to residents of states that have entered into a reciprocal agreement as outlined in RCW 46.23.020.

[Ord. C31398; Passed: 6/5/1995]

16.64.048 Attempting, Aiding, Abetting, Coercing, Committing Violations, Punishable.

Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared by this title to be a crime, whether individually or in connection with one or more other persons, or as principal, agent, or accessory, shall be guilty of such offense, and every person who falsely, fraudulently, forcefully, or willfully induces, causes, coerces, requires, permits, or directs others to violate any provisions of this title is likewise guilty of such offense.

[Ord. C31398 § 477; Passed: 6/5/1995]

16.64.050 General Penalty.

It is a traffic infraction for any person to violate any of the provisions of this title unless violation is by this title or other law of this state declared to be a felony, a gross misdemeanor, or a misdemeanor.

Unless another penalty is in this title provided, every person convicted of a misdemeanor for violation of any provisions of this title shall be punished accordingly.

[Ord. C31398 § 478; Passed: 6/5/1995]

16.64.055 Additional Penalty.

1.   In addition to any other penalties imposed for conviction of a violation of this title that is a misdemeanor, gross misdemeanor, or felony, the court shall impose an additional penalty of fifty dollars. The court may not reduce, waive, or suspend the additional penalty unless the court finds the offender to be indigent. If a community service program for offenders is available in the jurisdiction, the court shall allow offenders to offset all or a part of the penalty due under this section by participation in the community service program.

2.   Reserved.

[Ord. C32905 § 5; Passed: 9/10/2001]

16.64.060 Stopping Motor Vehicles for Driver’s License Check, Vehicle Inspection and Test – Purpose.

The purpose of RCW 46.64.060 and 46.64.070, or the equivalent provisions of this title, is to provide for the exercise of the police power of the city to protect the health and safety of its citizens by assuring that only qualified drivers and vehicles which meet minimum equipment standards shall operate upon the public streets and highways of this city.

[Ord. C31398 § 479; Passed: 6/5/1995]

16.64.070 Stopping Motor Vehicles for Driver’s License Check, Vehicle Inspection and Test – Authorized – Powers Additional.

To carry out the purpose of RCW 46.64.060 and 46.64.070, or the equivalent provisions of this title, officers of the Spokane police department are hereby empowered during daylight hours and while using plainly marked police vehicles to require the driver of any motor vehicle being operated on any street of this city to stop and display his or her driver’s license and/or to submit the motor vehicle being driven by such person to an inspection and test to ascertain whether such vehicle complies with the minimum equipment requirements prescribed by RCW chapter 46.37, as now or hereafter amended. No criminal citation shall be issued for a period of ten days after giving a warning ticket pointing out the defect.

The powers conferred by RCW 46.64.060 and 46.64.070, or the equivalent provisions of this title, are in addition to all other powers conferred by law upon such officers, including but not limited to powers conferred upon them as police officers pursuant to RCW 46.20.430 as recodified by chapter 324, Laws of 1999 and powers conferred by RCW chapter 46.32.

[Ord. C32489 § 22; Passed: 9/13/1999]

16.64.100 Repealed.

Repealed.

[Ord. C31742; Passed: 9/30/1996]

16.64.200 Purpose.

Pursuant to article 11, section 11, of the Constitution of the State of Washington, and to RCW title 46, the City of Spokane enacts the ordinance codified in this chapter1 in the exercise of its police power, to protect the public health and safety and to promote the general welfare of the community by enhancing the enforcement of traffic code ordinances in order to reduce the frequency of vehicle collisions resulting from drivers who fail to comply with traffic control regulations.

[Ord. C31676; Passed: 7/15/1996]

16.64.210 Authorized Use of Automated Traffic Enforcement Systems.

A.  Law enforcement officers of the City and persons specially commissioned by the chief of police are authorized to use automated traffic enforcement systems for the enforcement of SMC 16.61.050, requiring obedience to traffic control devices, SMC 16.61.400, imposing speed restrictions, and SMC 16.61.340 through 16.61.350, requiring stops at railroad crossings.

B.  The authority of this section extends to contracting with a private company for the acquisition, installation, calibration and maintenance of the systems and for the processing of infractions.

C.  Traffic safety cameras may take pictures of the vehicle and vehicle license plate only and only while an infraction is occurring.

D.  The police department shall plainly mark the locations where the automated traffic enforcement system is used by placing signs on street locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic enforcement system.

E.  The department will comply with any rules as may be adopted by the Washington Traffic Safety Commission.

[Ord. C33044 § 1; Passed: 6/24/2002]

16.64.220 Certificate of Innocence.

If the person issued a notice of infraction resulting from the use of an automated traffic enforcement system chooses to contest the issuance of the traffic infraction by refuting that he or she was the person operating the vehicle at the time the infraction was committed, he or she may sign a certificate of innocence under penalty of perjury stating that he or she was not the person operating the vehicle at the time the infraction was committed. Upon receipt of the certificate, the City will dismiss the infraction, without prejudice, upon motion by the City. The person receiving the notice shall still be responsible to request a court date as stated on the notice of infraction regardless of whether a certificate of innocence is submitted.

[Ord. C33044 § 2; Passed: 6/24/2002]

16.64.240 Notice and Disposition of Traffic Infractions.

A.  Whenever any vehicle is photographed by an automatic traffic enforcement system while in violation of SMC 16.61.050, 16.61.340 through 16.61.350, or 16.61.400, the officer causes a notice of infraction to be issued as provided in SMC 16.63.030.

B.  A notice of infraction based on evidence detected by a traffic safety camera will be issued and processed as any other traffic infraction in accordance with laws and rules of court except that it will be recorded as a stopping, standing, or parking violation and it will not be part of the registered owner’s driving under RCW 46.52.101 and 46.52.120.

C.  If a notice of infraction based on evidence detected by a traffic safety camera is sent to a rental car business, the infraction will be dismissed against the business if it mails to the municipal court, within fourteen of receiving the notice, the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred. If the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred, the business must sign an affidavit making this declaration. The affidavit must be mailed to the municipal court within fourteen days of receiving the notice of infraction. Timely mailing of this affidavit relieves a rental car business of any liability under this title for the notice of infraction. An affidavit form suitable for this purpose must be included with each infraction issued, along with instructions for its completion and use.

[Ord. C33044 § 4; Passed: 6/24/2002]