Title 10
VEHICLES AND TRAFFIC

Chapters:

10.04 Washington Model Traffic Ordinance

10.08 Maximum Speed Limits on Certain Streets

10.12 Traffic Control

10.14 Truck Routes

10.16 Skateboards, Scooters, Athletic Activities

10.20 Motorized Foot Scooters

Chapter 10.04
WASHINGTON MODEL TRAFFIC ORDINANCE

Sections:

10.04.010 Adoption.

10.04.015 Adoption of state traffic statutes – Infractions.

10.04.020 Disposition of traffic fines and forfeitures.

10.04.030 Official misconduct.

10.04.040 Copies on file.

10.04.010 Adoption.

The Washington Model Traffic Ordinance, Chapter 308-330 WAC, hereinafter referred to as the “MTO,” and amendments thereto are hereby adopted by reference as and for the traffic ordinance of the city of Sultan as if set forth in full in this chapter. (Ord. 615, 1994; Ord. 596, 1993; Ord. 369 § 1, 1978)

10.04.015 Adoption of state traffic statutes – Infractions.

The following state traffic statutes and amendments thereto are hereby adopted by reference as if set forth in full:

46.61.050 Obedience to and required traffic control devices.

46.61.055 Traffic control signal legend.

46.61.060 Pedestrian control signals.

46.61.065 Flashing signals.

46.61.070 Lane direction control signals.

46.61.072 Special traffic control signals – Legend.

46.61.075 Display of unauthorized signs, signals or markings.

46.61.080 Interference with official traffic control devices or railroad signs or signals.

46.61.085 Traffic control signals or devices upon city streets forming part of state highways – Approval by Department of Transportation.

46.61.100 Keep right except when passing, etc.

46.61.105 Passing vehicles proceeding in opposite directions.

46.61.110 Overtaking a vehicle on the left.

46.61.115 When overtaking on the right is permitted.

46.61.120 Limitations on overtaking on the left.

46.61.125 Further limitations on driving to left of center of roadway.

46.61.130 No passing zones.

46.61.135 One way roadways and rotary traffic islands.

46.61.140 Driving on roadways laned for traffic.

46.61.145 Following too closely.

46.61.150 Driving on divided highways.

46.61.155 Restricted access.

46.61.160 Restrictions on use of limited access highway – Use by bicyclists.

46.61.165 Reservation of portion of highway for use by public transportation vehicles, etc.

46.61.180 Vehicle approaching intersection.

46.61.185 Vehicle turning left.

46.61.190 Vehicle entering stop or yield intersection.

46.61.195 Arterial highways designated – Stopping on entering.

46.61.200 Stop intersections other than arterial may be designated.

46.61.202 Stopping when traffic obstructed.

46.61.205 Vehicle entering highway from private road or driveway.

46.61.210 Operation of vehicles on approach of authorized emergency vehicles.

46.61.215 Highway construction and maintenance.

46.61.230 Pedestrians subject to traffic regulations.

46.61.235 Stopping for pedestrians in crosswalks.

46.61.240 Crossing at other than crosswalks.

46.61.245 Drivers to exercise care.

46.61.250 Pedestrians on roadways.

46.61.255 Pedestrians soliciting rides or business.

46.61.260 Driving through safety zone prohibited.

46.61.261 Pedestrians’ right-of-way on sidewalk.

46.61.264 Pedestrians yield to emergency vehicles.

46.61.266 Pedestrians under the influence of alcohol or drugs.

46.61.269 Passing beyond bridge or grade crossing barrier prohibited.

46.61.290 Required position and method or turning at intersections.

46.61.295 “U” turns.

46.61.300 Starting parked vehicle.

46.61.305 Turning, stopping, moving right or left – Signals required – Improper use prohibited.

46.61.310 Signals by hand and arm or signal lamps.

46.61.315 Method of giving hand and arm signals.

46.61.340 Obedience to signal indicating approach of train.

46.61.345 All vehicles must stop at certain railroad grade crossings.

46.61.350 Certain vehicles must stop at all railroad crossings – Exceptions.

46.61.355 Moving heavy equipment at railroad grade crossings – Notice of intended crossing.

46.61.365 Emerging from alley, driveway, or building.

46.61.370 Overtaking or meeting school bus – Duties of bus driver.

46.61.371 Violators of school bus stop sign laws – Identification by vehicle owner.

46.61.372 Violators of school bus stop sign laws – Report by bus driver – Law enforcement investigation.

46.61.375 Overtaking or meeting private carrier bus – Duties of bus driver.

46.61.380 Rules for design, marking and mode of operating school buses.

46.61.385 School patrol – Appointment – Authority – Finance – Insurance.

46.61.400 Basic rule and maximum limits.

46.61.405 Decreases by Secretary of Transportation.

46.61.410 Increases by Secretary of Transportation – Maximum speed limit for trucks – Auto stages – Signs and notices.

46.61.415 When local authorities may alter maximum limits.

46.61.425 Minimum speed regulation – Passing slow moving vehicle.

46.61.427 Slow moving vehicle to pull off roadway.

46.61.428 Slow moving vehicle permitted to drive on improved shoulders.

46.61.430 Authority of Secretary of Transportation to fix speed limits on limited access facilities exclusive – Local regulations.

46.61.435 Local authorities to provide “stop” or “yield” signs at intersections with increased speed highways – Designated as arterials.

46.61.440 Maximum speed limit when passing school or playground crosswalks.

46.61.445 Due care required.

46.61.450 Maximum speed, weight, or size in traversing bridges, elevated structures, tunnels, underpasses – Posting limits.

46.61.455 Vehicles with solid or hollow cushion tires.

46.61.460 Special speed limitation on motor driven cycle.

46.61.465 Exceeding speed limit evidence of reckless driving.

46.61.470 Speed traps defined, certain types permitted – Measured courses, speed measuring devices, timing from aircraft.

46.61.475 Charging violations of speed regulations.

46.61.560 Stopping, standing or parking outside business or residence districts.

46.61.570 Stopping, standing or parking prohibited in specified places – Reserving portion of highway prohibited.

46.61.575 Additional parking regulations.

46.61.577 Regulations on governing parking facilities.

46.61.581 Indication of parking space for disabled persons – Failure, penalty.

46.61.582 Free parking by disabled persons.

46.61.583 Special plate or card issued by another jurisdiction.

46.61.585 Winter recreational parking areas – Special permit required.

46.61.587 Winter recreational parking areas – Penalty.

46.61.590 Unattended motor vehicle – Removal from highway.

46.61.600 Unattended motor vehicle.

46.61.605 Limitations on backing.

46.61.606 Driving on sidewalk prohibited – Exception.

46.61.608 Operating motorcycles on roadways landed for traffic.

46.61.610 Riding on motorcycles.

46.61.611 Motorcycles – Maximum height for handlebars.

46.61.612 Riding on motorcycles – Both feet not to be on same side.

46.61.613 Motorcycles – Temporary suspension of restrictions for parades or public demonstrations.

46.61.614 Riding on motorcycles – Clinging to other vehicles.

46.61.615 Obstructions to driver’s view or driving mechanism.

46.61.620 Opening and closing vehicle doors.

46.61.625 Riding in trailers.

46.61.630 Coasting prohibited.

46.61.635 Following fire apparatus prohibited.

46.61.640 Crossing fire hose.

46.61.645 Throwing dangerous materials on highway prohibited – Removal.

46.61.655 Dropping load, other materials – Covering.

46.61.660 Carrying persons or animals on outside part of vehicle.

46.61.665 Embracing another while driving.

46.61.670 Driving with wheels off roadway.

46.61.675 Causing or permitting vehicle to be unlawfully operated.

46.61.680 Lowering passenger motor vehicle below legal clearance – Penalty.

46.61.687 Child passenger restraint required – Conditions – Penalty for violation – Dismissal – Noncompliance not negligence.

46.61.688 Safety belts, use required – Penalties – Exemptions.

46.61.690 Violations relating to toll facilities.

46.61.700 Parent or guardian shall not authorize or permit violation by a child or ward.

46.61.710 Mopeds – General requirements and operation.

46.61.720 Mopeds – Safety standards.

46.61.730 Wheelchair conveyances.

46.61.750 Effect of regulations – Penalty.

46.61.755 Traffic laws apply to persons riding bicycles.

46.61.758 Hand signals.

46.61.760 Riding on bicycles.

46.61.765 Clinging to vehicles.

46.61.770 Riding on roadways and bicycle paths.

46.61.775 Carrying articles.

46.61.780 Lamps and other equipment on bicycles.

(Ord. 596, 1993)

10.04.020 Disposition of traffic fines and forfeitures.

All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this chapter shall be paid into the general fund of the city. (Ord. 369 § 3, 1978)

10.04.030 Official misconduct.

Failure, refusal, neglect on the part of any judicial or other officer or employee receiving or having custody of any such fine or forfeiture of bail, either before or after a deposit in said general fund, to comply with the provisions of SMC 10.04.020 constitutes misconduct in office and shall be grounds for removal therefrom; provided, appropriate removal action is taken pursuant to state law relating to removal of public officials. (Ord. 369 § 4, 1978)

10.04.040 Copies on file.

Incident to the adoption of the MTO by reference, by this chapter, copies of the text of the adopted MTO and of other adopted statutes shall be filed as required by RCW 35.21.180 for use and examination by the public. (Ord. 369 § 5, 1978)

Chapter 10.08
MAXIMUM SPEED LIMITS ON
CERTAIN STREETS

Sections:

10.08.010 Designated.

10.08.010 Designated.

It is declared that upon the basis of an engineering and traffic investigation, that the reasonable and safe maximum speed limit shall be as hereafter set forth on those streets or parts of streets designated in this section at all times when signs are erected giving notice thereof:

Street Location					Speed Limit
SR 2	From 0.15 miles west of junction 299th Ave. S.E. (WCL Sultan) (SR 2 milepost 21.42) to 0.23 miles east of Sultan Mill Pond Bridge, EPS, SR 2 milepost 23.32				35 mph
SR 2	From 0.23 miles east of Sultan Mill Pond Bridge, EPS, SR 2 milepost 23.32 to the junction with 339th Ave. S.E./Rice Road (ECL Sultan) (SR 2	milepost 24.18)			50 mph

(Ord. 691-98; Ord. 372 § 1, 1978)

Chapter 10.12
TRAFFIC CONTROL

Sections:

10.12.010 Purpose.

10.12.020 Definitions.

10.12.030 Additional traffic control authorized.

10.12.040 Stopping, standing, or parking prohibited in specified places.

10.12.050 Stopping, standing or parking next to curb.

10.12.060 Improper stopping, standing or parking.

10.12.070 Parking for disabled persons.

10.12.080 Parking for certain purposes prohibited.

10.12.090 Standing in loading zone.

10.12.100 Standing in a tow-away zone.

10.12.110 Standing in a fire lane.

10.12.120 Parking not to obstruct traffic.

10.12.130 Overtime parking.

10.12.140 Unattended vehicles.

10.12.150 Parking zones.

10.12.160 Enforcement of parking regulations.

10.12.170 Removal of vehicles illegally parked.

10.12.180 Registered owner responsible.

10.12.190 Penalties.

10.12.200 Failure to comply with notice of parking violation.

10.12.210 Rules and regulations.

10.12.220 Parking zones – Time limitations.

10.12.230 Traffic infraction.

10.12.010 Purpose.

A. Pursuant to Article 11, Section 11, Constitution of the State of Washington, RCW Title 46, and RCW 35.27.370(4), (14) and (16), the city of Sultan enacts the ordinance codified in this chapter, in the exercise of police power, to protect the public health and safety and promote the general welfare of the community by:

1. Allowing the addition, deletion and modification of various traffic controls relating to speed limits, quiet zones, loading zones, parking regulations, restrictions, prohibitions and limitations by the placement of official signs and curb markings as authorized by the city council from time to time;

2. Making possible the use of on-street parking spaces by the maximum number of vehicles consistent with the demands of commerce;

3. Minimizing the congestion and serious air pollution caused by slow-moving and recirculating motor vehicles;

4. Accommodating the maintenance of public streets in a condition reasonably safe for public travel;

5. Fostering the conduct of private and public commerce;

6. Providing means of public revenues necessary to enforce traffic control; and

7. Encouraging respect and general public obedience of the laws of the city of Sultan and deterring repeated violations.

B. This chapter does not create nor otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefitted by the terms of these regulations. It is the specific intent of the regulations set forth in this chapter to place the obligation of compliance upon the registered owner, legal owner and driver of the vehicle and no provision or term used in these regulations is intended to impose any duty whatsoever upon the city or any of its officers, employees or agents for whom the implementation or enforcement of these regulations shall be discretionary and not mandatory. (Ord. 470 § 1, 1985)

10.12.020 Definitions.

Unless otherwise provided or unless the context clearly requires a different meaning, the following terms shall have the meaning given to them in this chapter:

1. “Alley” means a public highway not designed for general travel and used primarily as a means of access to the rear of residences and business establishments.

2. “Bus” means every motor vehicle designed for carrying more than 10 passengers and used for transportation of persons, and every motor vehicle, other than taxicabs, designed and used for the transportation of persons for compensation.

3. “Bus stop” means a fixed portion of the highway parallel and adjacent to the curb to be reserved exclusively for buses for layover in operating schedules or while waiting for, loading or unloading passengers; provided, that such bus provides regularly scheduled service with the city.

4. “Crosswalk” means that portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line, or in the event there are no sidewalks, then between the intersection area and a line 10 feet therefrom, except as modified by a marked crosswalk.

5. “Curb” means the lateral boundaries of that portion of the street designated or intended for the use of vehicles, whether marked by curbing construction or not.

6. “Driveway” means a short private road leading from the street to a house, garage or parking lot.

7. “Highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic.

8. “Intersection” means the area embraced within the prolongation of the lateral curblines of two or more streets which join one another at an angle, whether or not such streets cross one another. The junction of an alley with a street or highway shall not constitute an intersection.

9. “Legal owner” means a person having a security interest in a vehicle perfected in accordance with Chapter 46.12 RCW or the registered owner of a vehicle unencumbered by a security interest or the lessor of a vehicle unencumbered by a security interest.

10. “Loading zone” means a space reserved for the exclusive use of vehicles during the loading or unloading of property or passengers.

11. “Motor vehicles” means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails.

12. “Operator or driver” means every person who drives or is in actual physical control of a vehicle.

13. “Ordinance” means the city’s parking regulation ordinance.

14. “Owner” means a person who has lawful right of possession of a vehicle by reason of obtaining it by purchase, exchange, gift, lease, inheritance, or legal action, whether or not the vehicle is subject to a security interest and means registered owner where the reference to owner may be construed as either to registered or legal owner.

15. “Park” or “parking” means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading of property or passengers.

16. “Parking space” means any space which is duly designated for the parking of a single vehicle by appropriate markings on the pavement and/or curb.

17. “Parking violation” means the infringement of any parking regulation set forth in this chapter.

18. “Passenger loading zone” means a place reserved for the exclusive use of vehicles while receiving or discharging passengers.

19. “Planting strip” means that portion of a highway lying between the constructed curb or the edge of the roadway and the property line exclusive of the sidewalk area.

20. “Police officer” means a law enforcement officer of the city of Sultan.

21. “Registered owner” means the person whose lawful right of possession of a vehicle has most recently been recorded with the Washington State Department of Licensing.

22. “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder, even though such sidewalk or shoulder is used by persons riding bicycles.

23. “Sidewalk” means that property between the curblines or the lateral lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians.

24. “Stand or standing” means the halting of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.

25. “Stop or stopping” means any halting of a vehicle resulting in a complete cessation from movement, even momentarily.

26. “City” means the city of Sultan.

27. “City street” means every public highway, or part thereof, located within the limits of the city, except alleys.

28. “Vehicle” means every device capable of being moved upon a highway and in, upon, or by which any person or property is or may be transported or drawn upon a public highway, including mopeds, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. (Ord. 470 § 1, 1985)

10.12.030 Additional traffic control authorized.

In addition to existing ordinances providing for speed zones, quiet zones, parking regulations and general restrictions, prohibitions and limitations, the police chief, the utility superintendent, or any other person authorized by official action of the city council shall cause signs to be posted or curbs to be painted for the regulation and control of traffic and parking of motor vehicles from time to time, as follows:

A. Red painted curbs shall indicate no parking at any time;

B. Yellow painted curbs shall indicate limited parking for specified purposes such as loading, as further indicated by an appropriate official sign posted in a conspicuous place adjacent thereto;

C. Unpainted curbs shall indicate general parking, as further indicated and regulated by appropriate official signs posted adjacent thereto. (Ord. 470 § 1, 1985)

10.12.040 Stopping, standing, or parking prohibited in specified places.

A. Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer, fireman or other designated and/or authorized public safety officer, no person shall:

1. Stop, stand or park a vehicle:

a. On the roadway side of any vehicle stopped or parked at the edge of curb of a street;

b. On a sidewalk or street planting strip;

c. Within an intersection;

d. On a crosswalk;

e. Not in the authorized direction of traffic movement on the roadway;

f. At any place where official signs prohibit stopping;

2. Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

a. In front of a driveway or within five feet of the end of the curb radius leading thereto;

b. Within 15 feet of a fire hydrant;

c. Within 20 feet of a crosswalk;

d. Within 30 feet upon the approach to any flashing signal, stop sign, yield sign or traffic control signal located at the side of a roadway;

e. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance when properly signposted;

f. At any place where official signs prohibit standing; or

g. At any place where city barricades are placed;

3. Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers at any place where official signs prohibit parking.

B. Parking or standing shall be permitted in the manner provided by law at all other places except where a time limitation or parking restriction has been imposed. (Ord. 470 § 1, 1985)

10.12.050 Stopping, standing or parking next to curb.

A. Parallel Parking. Every vehicle standing or parked upon a two-way roadway shall have the right-hand wheels parallel to and within 12 inches of the right-hand curb or as close as practical to the right edge of the right-hand shoulder.

B. Angle Parking. Upon those streets which have been signed or marked for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. The wheels nearest the curb or edge of the roadway shall be no more than 12 inches away from said curb or edge. (Ord. 470 § 1, 1985)

10.12.060 Improper stopping, standing or parking.

A. No persons shall stop, stand or park a vehicle in any designated parking space so that any part of such vehicle occupies more than one such space or protrudes beyond the markings designating such space, except that a vehicle which is of a size too large to be parked within a single designated parking space shall be permitted to occupy two or more adjoining spaces.

B. No person shall stop, stand or park a vehicle in any parking spaces for a period of time longer than the period allowed in that time zone. Once a vehicle remains in a parking space beyond the time which the time zone permits, each subsequent period of time for which the vehicle remains beyond the period of time allowed in that time zone shall constitute a separate violation. (Ord. 470 § 1, 1985)

10.12.070 Parking for disabled persons.

A. A person who has received a current and valid special disabled person’s card, decal or license plate from the Washington State Department of Licensing under RCW 46.16.381 shall be allowed to park a vehicle being used to transport such person for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted. This section shall have no application 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. Such person shall not be permitted the foregoing privilege unless he obtains and displays a distinguishing card, decal or license plate issued pursuant to RCW 46.16.381.

B. No persons shall stop, stand or park a vehicle in a parking space reserved for physically disabled persons provided on private property without charge or on public property without a special license plate, card or decal issued pursuant to RCW 46.16.381.

C. A parking space or stall for a physically disabled person shall be indicated by:

1. A painted white line, at least six inches in width on the improved surface delineating the perimeter of the parking space or stall; and

2. A vertical sign, between 48 and 60 inches off the ground, with the international symbol of access described under RCW 70.92.120 and the notice “State disabled parking permit required.”

D. This section shall not apply to vertical signs on public property in use on the effective date of the ordinance codified in this chapter until six months after the effective date of the ordinance codified in this chapter. (Ord. 470 § 1, 1985)

10.12.080 Parking for certain purposes prohibited.

A. No person shall park any vehicle upon any highway for the principal purpose of:

1. Displaying advertising;

2. Displaying such vehicle for sale;

3. Selling merchandise from such vehicle, except when authorized.

B. No person shall park any vehicle upon any roadway for the principal purpose of oil changes, lubricating, greasing or repairing such vehicle except repairs necessitated by an emergency. (Ord. 470 § 1, 1985)

10.12.090 Standing in loading zone.

A. No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious unloading and delivery or pickup and loading of property in any place marked as a loading zone during hours when the provisions applicable to such zone are in effect. In no case shall the stop for loading and unloading of property exceed 30 minutes.

B. The driver of a vehicle may stop temporarily at a loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter such zone to load or unload property. (Ord. 470 § 1, 1985)

10.12.100 Standing in a tow-away zone.

No person shall stop, stand or park a vehicle in a place marked as a tow-away zone during hours when the provisions applicable to such zone are in effect. (Ord. 470 § 1, 1985)

10.12.110 Standing in a fire lane.

No person shall stop, stand or park a vehicle in a place marked as a fire lane. (Ord. 470 § 1, 1985)

10.12.120 Parking not to obstruct traffic.

A. No person shall park a vehicle upon a roadway in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for free movement of vehicular traffic.

B. No person shall stop, stand or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property and shall be subject to tow-away of such vehicle. (Ord. 470 § 1, 1985)

10.12.130 Overtime parking.

A. Contractors, repairmen and others who find it necessary to park for prolonged periods of time in otherwise restricted areas of Sultan streets may apply for a special permit to allow overtime parking.

B. Whenever a person deems it necessary to park overtime on any Sultan street for the purpose of construction or repair, or servicing of business premises, they shall apply to the city clerk/treasurer for such a permit at the office of the city clerk/treasurer. (Ord. 470 § 1, 1985)

10.12.140 Unattended vehicles.

A. No person driving or in charge of a vehicle shall permit it to stand unattended on any street, highway, alley or public or private property 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 street or property.

B. No person operating or in charge of a vehicle shall permit 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 16 years unattended therein. (Ord. 470 § 1, 1985)

10.12.150 Parking zones.

No person shall stop, stand or park a vehicle in a parking space beyond the time permitted by official signs; provided, however, that the hours for the limitation of the parking shall apply only between the hours posted unless otherwise restricted by the city. (Ord. 470 § 1, 1985)

10.12.160 Enforcement of parking regulations.

A. The parking regulations set forth in this chapter shall be enforced by the city’s police officers.

B. Failure to perform any act required or the performance of any prohibited by this chapter is designated as a nonmoving civil infraction and shall not constitute a criminal offense.

C. City police officers have the authority to issue a notice of parking violation when the parking violation is committed in the officer’s presence.

D. If any vehicle is found parked, standing or stopped in violation of this chapter or otherwise violates the provisions of this chapter, the officer finding the vehicle shall take its regulation number (license number) and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a notice of parking violation. A notice of parking violation represents a determination that a parking violation has been committed. The determination will be final unless contested as provided by state law.

E. The police officers in charge of the enforcement of the parking regulations of the city shall and are authorized to mark such vehicles parked, standing or stopped from time to time to aid in the enforcement of this chapter. Such mark shall be by chalk upon the tires of said vehicles or by some other convenient method but will not be injurious to or damage such vehicle. The marks so placed shall not be interfered with, concealed, obliterated or erased by any person other than a police officer while the same shall remain parked or standing at the place where so marked. It shall constitute a parking violation to interfere with, conceal, obliterate or erase any mark in violation of this section. (Ord. 470 § 1, 1985)

10.12.170 Removal of vehicles illegally parked.

The police department, or any member thereof, is authorized to remove and tow away, or have removed and towed away by commercial towing service, any car or other vehicle illegally parked in any place where such parked vehicle creates or constitutes a traffic hazard, blocks the use of a fire hydrant, obstructs or may obstruct the movement of any emergency vehicle, or has been parked in one location for such length of time as to appear to have been abandoned. Three consecutive days shall be prima facie evidence of such abandonment. In such event the owner or operator of such vehicle shall be liable for reasonable towing and storage charges, in addition to any other penalty which may be determined. (Ord. 470 § 1, 1985)

10.12.180 Registered owner responsible.

Every person in whose name a vehicle is registered shall be responsible for any violation of this chapter caused by the parking, standing or stopping of said vehicle in violation hereof. It shall be no defense that the vehicle was parked illegally by another unless proof is presented that said vehicle had been stolen and had not been returned to the registered owner by the date of the violation. This section shall not apply to the registered owner transferring vehicle ownership who has complied with RCW 46.52.104 prior to the date of the violation. (Ord. 470 § 1, 1985)

10.12.190 Penalties.

A. The penalties for each parking violation of the provisions of this chapter shall be established by resolution by the Sultan city council.

B. If no response or payment is made within 15 days of the date of issuance of the notice of parking violation, the penalty for each violation shall be:

1. Overtime parking: $30.00;

2. Parking in disabled space without requisite permit, decal or license: $60.00;

3. Parking in fire lane, tow-away zone, loading zone and obstruction of traffic: $60.00;

4. Interfering with, concealing, obliterating or erasing marks in violation of SMC 10.12.160(E): $60.00;

5. All other infractions not specifically listed: $30.00.

C. The penalties set forth in subsection (A) of this section will be reduced in half if the parking violation fine is paid to the city clerk/treasurer’s office within 24 hours of the time and date of issuance. In the event the city clerk/treasurer’s office is not open for business the day following the date of issuance, the violator can make payment on the next city business day and still receive the reduced penalty.

D. Payment of all parking violations shall be made to the city clerk/treasurer’s office. (Ord. 703-99; Ord. 470 § 1, 1985)

10.12.200 Failure to comply with notice of parking violation.

A. If no response or payment is made within 10 calendar days of the date of issuance of the notice of parking violation, the city shall mail a delinquency notice to the registered owner of the vehicle to which the notice was affixed informing him/her of the violation and of a right to request a hearing.

B. If no response or payment is made within 15 days of the date of mailing the delinquency notice, the city shall forward the ticket to a court of jurisdiction. (Ord. 470 § 1, 1985)

10.12.210 Rules and regulations.

The city clerk/treasurer’s office and the city’s police department are authorized to jointly promulgate rules and regulations necessary to administer this chapter and the city clerk/treasurer’s office is authorized to receive and account for all sums paid under this chapter. (Ord. 470 § 1, 1985)

10.12.220 Parking zones – Time limitations.

Parking zones and time limitations shall be established by resolution of the Sultan city council. (Ord. 470 § 1, 1985)

10.12.230 Traffic infraction.

Failure to perform any act required or the performance of any act prohibited by this chapter is a traffic infraction. The penalty for such infraction shall be in accordance with SMC 10.12.190. (Ord. 470 § 1, 1985)

Chapter 10.14
TRUCK ROUTES

Sections:

10.14.010 Purpose.

10.14.020 Definitions.

10.14.030 Designation of truck routes.

10.14.040 Maximum weight limitation on streets not designated as truck routes.

10.14.050 Action by police officer.

10.14.060 Violation – Penalty.

10.14.070 Effect of partial invalidity.

10.14.010 Purpose.

The purpose of this chapter is to confine the operation of trucks and other vehicles weighing in excess of 12,500 pounds to designated streets and highways within the city. (Ord. 470 § 2, 1985)

10.14.020 Definitions.

Unless otherwise provided or unless the context clearly requires a different meaning, the following terms shall have the meanings given to them herein:

A. “City streets” means all streets, roads, alleys and rights-of-way within the corporate limits of the city.

B. “Truck routes” means traffic routes on which travel of vehicles in excess of 12,500 pounds is permitted. (Ord. 470 § 2, 1985)

10.14.030 Designation of truck routes.

The following streets and highways shall be designated as approved truck routes in the city:

A. S.R. 2;

B. The council may approve, on an emergency temporary basis, use of routes not designated as truck routes, under the Sultan Municipal Code, when the council finds that it is in the best interests of the public health, safety and welfare to allow for such temporary limited use of routes other than designated truck routes, subject to such conditions as the council deems advisable and necessary to protect the interests of the public. Such conditions and limitations may be in the way of signalization, times of use and operation, maintenance condition, weight limitation, and other such conditions and controls necessary and advisable to preserve the spirit of this code in keeping truck and related heavy equipment traffic to a minimum on non-truck-route designated streets of the city. (Ord. 470 § 2, 1985)

10.14.040 Maximum weight limitation on streets not designated as truck routes.

The weight of any vehicle operating on city streets not designated as truck routes shall not exceed 24,000 pounds; provided, that the following exceptions shall be applicable:

A. School buses and transit buses shall be authorized to use city streets by general rule; provided, such vehicles are operated on bus routes approved by the city council;

B. Emergency vehicles and city-owned or operated vehicles may utilize all city streets for emergency or other suitable municipal purposes;

C. Motor vehicles exceeding the weight limitation may transport commodities and make deliveries to and pickups from points in the city; provided, that such vehicles are not driven for more than a minimum distance necessary for the purpose;

D. Motor vehicles exceeding the weight limit may travel empty from Highway 2 to the owner’s residence using the most direct route. (Ord. 562 § 1, 1991; Ord. 523, 1989; Ord. 476, 1986; Ord. 470 § 2, 1985)

10.14.050 Action by police officer.

Whenever any police officer of the city shall have probable cause that a vehicle is being driven in violation of this chapter, then such police officer is authorized to stop such vehicle and direct that the vehicle be driven to the nearest state or local weighing station. (Ord. 470 § 2, 1985)

10.14.060 Violation – Penalty.

Any person, firm or corporation violating any provisions of this chapter shall be fined $100.00 for each offense. The fact that a vehicle which illegally exceeds the weight limitation is registered in the name of a person shall be considered prima facie proof that such person was in control of the vehicle at the time of such violation. (Ord. 470 § 2, 1985)

10.14.070 Effect of partial invalidity.

If any part or parts of this chapter are for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this chapter. (Ord. 470 § 2, 1985)

Chapter 10.16
SKATEBOARDS, SCOOTERS, ATHLETIC ACTIVITIES

Sections:

10.16.010 Definitions.

10.16.020 Negligent operation.

10.16.030 Unlawful activities.

10.16.040 Parental responsibility.

10.16.050 Violation – Penalty.

10.16.010 Definitions.

The following words and phrases shall be defined as set out in this section.

A. “Skateboard” means a footboard mounted upon four or more small wheels.

B. “Scooter” means a footboard mounted upon or between two or more small wheels and controlled by an upright steering handle. (Ord. 532, 1989)

10.16.020 Negligent operation.

It is unlawful for any person to operate a skateboard or scooter in a negligent manner upon any roadway, sidewalk or publicly owned parking lot. For the purpose of this section, “to operate in a negligent manner” means the operation of a skateboard or scooter in such a manner as to endanger or be likely to endanger any persons or property. (Ord. 532, 1989)

10.16.030 Unlawful activities.

A. No person shall ride a skateboard or scooter in a commercial or highway business district as defined by the city of Sultan zoning map as amended, except upon private property with the permission of the owner or other person having the authority to control such property.

B. No person shall congregate, meet or assemble with any other person or persons in a manner that results in, creates the substantial risk of, or is intended to:

1. Disrupt or interfere with the passage of persons on any public property or access to such public property from any private property;

2. Disrupt or interfere with access to any private property not owned by or in the legal control of a person physically present at such congregation, meeting or assembly that has the legal right to interfere with access to such private property and who is responsible for and directing the activities of the persons engaged in such interference;

3. Harass or intimidate any person lawfully using any public property;

4. Damage any personal or public property; or

5. Distract persons operating any vehicle on public property.

C. No person shall congregate or assemble for the purpose of engaging in any sporting, hobby or athletic activity on any public property, other than a public park, in a commercial or highway business district as defined by the city of Sultan zoning map as amended, without a special permit issued by the city of Sultan. For the purposes herein, persons running, jogging or bicycling through such an area in the company of other persons engaging in the same activity shall be exempt from the provisions of this subsection.

D. Repealed by Ords. 837-04 and 880-05. (Ord. 880-05; Ord. 837-04; Ord. 660-96 § 1; Ord. 532, 1989)

10.16.040 Parental responsibility.

It shall be unlawful for the parent, guardian or other adult person having custody or control of a minor under the age of 18 years to permit or by inefficient control to allow a violation of this chapter by a minor in his or her custody or control. (Ord. 660-96 § 1; Ord. 532, 1989)

10.16.050 Violation – Penalty.

A. Any person committing a violation of any provision of this chapter shall be guilty of committing a civil infraction which shall be issued in accordance with Chapter 7.80 RCW.

B. A person found to have committed a violation shall be assessed a monetary penalty according to the following scale:

1. First offense, $50.00;

2. Second offense in any one year, $150.00;

3. Third and subsequent offenses in any one year, $250.00.

C. In lieu of payment of the monetary penalty relating to the civil infraction assessed herein, any person receiving a notice of infraction may elect to perform community service at a rate of one hour for each $5.00 of assessed penalty. Community service shall consist of those projects implemented and supervised by the director of public works. In such case, the payment of the penalty shall be deferred pending completion of the community service. (Ord. 677-97; Ord. 660-96 § 1; Ord. 532, 1989)

Chapter 10.20
MOTORIZED FOOT SCOOTERS

Sections:

10.20.010 Definitions.

10.20.020 Operation of motorized foot scooters.

10.20.030 Parent responsibility.

10.20.040 Violation – Penalty.

10.20.050 Severability.

10.20.010 Definitions.

A. “Motorized foot scooter” means a device with no more than two 10-inch or smaller diameter wheels that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an internal combustion engine or an electric motor that is capable of propelling the device with or without human propulsion.

B. “Child” means a person under 18 years of age.

C. “Parent” means a person who is a natural parent, adoptive parent, stepparent or foster parent of a child.

D. “Guardian” means (1) a person who, under court order, is the guardian of the person of a child; or (2) a public or private agency with whom a child has been placed by a court; or (3) a person who is at least 18 years old and who is authorized by a parent or guardian to have the care and custody of a child.

E. “Right-of-way and facilities under the jurisdiction of the city” shall mean all public roads, streets, alleys, including sidewalks in the public right-of-way, together with parks, trails and other open space, owned, or controlled by the city of Sultan. (Ord. 876-05 § 1)

10.20.020 Operation of motorized foot scooters.

Within right-of-way and facilities under the jurisdiction of the city, it is unlawful for any person to do any of the following:

A. Operate a motorized foot scooter while under the age of 16 years;

B. Operate a motorized foot scooter on a roadway having a speed limit of greater than 25 miles per hour;

C. Operate a motorized foot scooter in a city park;

D. Operate a motorized foot scooter on a sidewalk, except as may be necessary to enter or leave property adjacent to the sidewalk;

E. Operate a motorized foot scooter on a city bicycle path or trail, unless the path has been posted to allow use by a motorized foot scooter;

F. Operate a motorized foot scooter with a passenger in addition to the operator;

G. Operate a motorized foot scooter at any time from one-half hour after sunset to one-half hour before sunrise;

H. Operate a motorized foot scooter in such a manner to endanger or be likely to endanger any person or property; operation of a motorized foot scooter in excess of a posted speed limit shall be prima facie evidence of operation in a manner likely to endanger any person or property;

I. Operate a motorized foot scooter that is not equipped so that the drive motor is engaged through a switch, lever or other mechanism that, when released, will cause the drive motor to disengage or cease to function;

J. Operate a motorized foot scooter by an internal combustion engine that is not at all times equipped with a muffler in good working order;

K. Operate a motorized foot scooter without wearing a protective helmet that meets or exceeds the safety standards set by the American National Standards Institute’s (ANSI) Standard Z-90.4. The helmet must be worn over the head and be equipped with either a neck or chin strap that must be fastened securely while the motorized scooter is in motion;

L. Operate a motorized foot scooter on a roadway contrary to all rules of the road. (Ord. 876-05 § 1)

10.20.030 Parent responsibility.

It is unlawful for any parent, guardian or other person having control or custody of a child to knowingly aid or abet a child to operate a motorized foot scooter in violation of this chapter. (Ord. 876-05 § 1)

10.20.040 Violation – Penalty.

Any person violating any provisions of this chapter shall be deemed to have committed a traffic infraction and shall be punished by the imposition of a monetary penalty not to exceed $250.00 exclusive of statutory assessments; provided, conduct that constitutes a criminal traffic offense may be charged as such and be subject to the maximum penalties allowed for such offense. (Ord. 876-05 § 1)

10.20.050 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 876-05 § 1)