Ord 94-212 ORDINANCE NO. 94-2l2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE SECTION 15-1, THE CITY'S ADOPTION OF THE WASHINGTON MODEL TRAFFIC ORDINANCE (MTO) AS CONTAINED IN THE WASHINGTON ADMINISTRATIYE CODE, CH. 308-330 WAC, TO REGULATE TRAFFIC IN THE CITY OF FEDERAL WAY, AND AMENDING FEDERAL WAY CITY CODE SECTIONS 15-31, 15-32, 15-33, THE CITY'S .08 DWI AND PHYSICAL CONTROL PROVISIONS TO REFLECT REVISIONS PURSUANT TO WASHINGTON LAW OF 1994, CHAPTER 275 (AMENDS ORDINANCE NOS. 91-91, 92- 131, 93-163, AND 93-200). WHEREAS, the state legislature has provided that Chapter 46.90 RCW, which contained the Washington Model Traffic Ordinance ("MTO"), will expire on July 1, 1994; and, WHEREAS, the provisions of the~ashington MTO have been readopted in the Washington Administrative Code in Ch. 308-330 WAC, which will become effective on July 1, 1994; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. ADOPTION BY REFERENCE. Federal Way Code Section 15-1 and Ordinance No. 91-91, section 1, and Ordinance No. 92-163, section 1. RCW Cnal!ter 46.90The IIWashinqton Model Traffic Ordinance." Ch. 308-330 WAC, including any future additions to, and amendments and repeals thereof, attached hereto as Exhibit A, is hereby adopted by reference as the traffic ordinance of the City of Federal ORD # 94-212 , PAGE 1 COpy Way as if set forth in full. with the exception of the following provisions. (1) (2) (3) (4) (5) (6) 1.1..l. Ol) RCW 46.90.500 through 46.90.540, relating to bicycle licensing; and RCW 46.90.555, relating to bicycles on sidewalks. RCW 46.90.418, relating to prohibition against crossing roadways in a business district. RCW 46.90.600 through 46.90.660, relating to parking meters. That portion of RCW 46.90.427 which adopts by reference 46.61.502, 46.61.504, and 46.61.506. RCW 46.90.710, relating to maximum penalties. RCW 46.61.515. relatina to penalties for the offense of Drivinq While Under the Influence of Intoxicatina Liquor or Drua and Phvsical Control. Washinaton Law of 1994. Chapter 275. sections 1.4.5.6. 7. 9. 10. 11. and 26. section 2. Drivina While Under the Influence of Intoxicatina Liauor or Drua - What Constitutes. Federal Way City Code section 15-31, and Ordinance No. 91-91, section 4, and Ordinance No. 93- 200, section 1, are amended as follows: (a) ORD # 94-212 A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within the City: (1) And the person has within two hours after drivina. an alcohol concentration of 0.08 or hiqher.~ , PAGE 2 (b) (c) ORD #94-211 ~rams er mere ef aleehel ~er 219 li~ers af Breath \;i thin t\;e heurs àrivin<jJ, after shown by as analysis of the person's breath or blood, made under section 15-33; or (2) Anà the peraoR has 9.98 pereeRt er mere by uei<jJht of aleehel in the persen's Bleoà \;ithin twe heurs after àriyinIJ, as ahe\;n BY an aRalyeis ef the person's Bleeà maàe \inàer see~ieR 15 331 er (,;j.Æ.) While the person is under the influence of or affected by intoxicating liquor or any drug; or (4~) While the person is under the combined influence of or affected by intoxicating liquor and any drug. The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section. It is an affirmative defense to a violation of subsection (a) (1) anà (2) of this section which the defendant must prove by a preponderance evidence of the that the defendant consumed 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 defendant's 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 , PAGE 3 hearing in the case of the defendant's intent to assert the affirmative defense. (d) 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 o. 08 ~ or more, ef alceàel per 'b;e hliAàreà teA liters ef Breath er 0.9S pcreeAt er mere ef aleehel iA the perseR's Bleeà, pursuant to subsection (a)(l) aAà (2) of this section, and in anv case in which the analvsis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquors or any drug plirsliaAt tein violation of subsection (a)~ (3) aAà (4) of this section. 1& A violation of this section is a aross misdemeanor. section 3. Amendment - Actual Phvsical Control of Motor Vehicle under the Influence of Intoxicatina Liauor or Drua - What Constitutes. Federal Way City Code Section 15-32 and Ordinance No. 91-91, section 5, and Ordinance No. 93-20, Section 2, are amended as follows: (a) 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 the City: (1) And the person has within two hours after beinq in actual phvsical control of the vehicle. an alcohol ORD # 94-212 , PAGE 4 (c) ORD # 94-212 concentration of O.OS <jJrams er mere ef aleeael ~er 219 liters ef breath "itaiR tl,'a Relirs after beiR<jJ iR aetual ~Ryaieal eeRtrel ef a meter "o'eRiele,m;: hiqher as shown by analysis of the person's breath or blood, made under section 15-33; or (2) ARà the ~erseR Raa 9. 9S ~ereeRt er mere 19y \,'eiljht of aleeaol iR the ~ers8R' s I9leeà I;i thiR t\;8 ReULe after 1geiRq iR aetual ~aysieal eeRtrel af a meter '-"ehiele, as sfie\lR by aR aRalysis ef the ~erseR's bleed made uRàer seetioR 15 33; er (-3-.é) While the person is under the influence of or affected by intoxicating liquor or any drug; or (4~) While the person is under the combined influence of or affected by intoxicating liquor and any drug. (b) The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section. No person mav be convicted under this Section if prior to beinq pursued bv a law enforcement officer. the person has moved the vehicle safelv off the roadwav. It is an affirmative defense to a violation of subsection (a)(l) aRd (2) of this section which the defendant must prove by a preponderance evidence of the that the defendant consumed sufficient quantity of alcohol after the time being in of actual physical control of it , PAGE 5 (d) l.tl Section ~the vehicle and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after being in aetlial physioalsuch control~ of a meter 7ehiele. 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 defendant's intent to assert the affirmative defense. Analyses of blood or breath samples obtained more than two hours after the alleged beinq in actual physical control of a ~ vehicle may be used as evidence that within two hours of the alleged beinq in such ~ paysieal control af a moter vehiele, a person had IDl alcoholic concentration of o.os ~ or more of alcohol per b,'a hliRàred teR liters af Breath er 9. 9S pereeRt er more af alcohol iR the perseR' s Bleed, pursuaRt ta:.i.n violation of subsection (a)(l) aRà (2) of this section, and in anv case in which the analvsis shows an alcohol concentration above 0.00 may be used as evidence that a person under influence or the of was affected by intoxicating liquors or any drug pursuant to subsection (a)~ (3) aRd (1) of this section. A violation of this section is a qross misdemeanor. 4. Amendment Persons Under Influence Qf Intoxicatina Liquor or Druq - Evidence - Tests - ORD # 94-212 Information , PAGE 6 Concernina Tests. Federal Way City Code section 15-33 and Ordinance No. 91-91, section 6, are amended as follows: (a) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed within the City by any person while. driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or any drug, i f t,fte amOUftt ef aleeRel ift tfie perseR's èleoà er èreath at the time alle¡¡Jeà aa sReom èy aftalysis of tfie f ersoft' s èleeà or èFeath is leas tfiaft 8.8S f ereeftt èy uei<jJfit sf aleefiel ift fiis or Rer èloeà sr 8. 8S <jJrams sf aleofisl f eF t~;e huftàreà teft liters ef the f ersoR's èreatfi,a person's alcohol concentration is less than O.OS. 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. (b) 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 question whether the person was under the influence of intoxicating liquor or any drug. (c) Analysis of the person's blood or breath to be considered valid under the provisions of this section or sections 15-31 or 15-32 shall have been performed according to methods approved by the state toxicologist and by an ORD # 94-212 , PAGE 7 (e) (f) ORD # 94-212 individual possessing a valid permit issued by the state toxicologist for this Pursuant purpose. to RCW 46.61.506, the state toxicologist is directed by the state 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. Cd) When a blood test is administered under the provisions of RCW 46.20. 30S, the withdrawal of blood for the purpose of determining its alcoholic 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. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his or her 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. Upon the request of the person who shall submit to a test or tests at the request of a law enforcement officer, , PAGE S full information concerning the test or tests shall be made available to him or her or his or her attorney. 19.1 "Alcohol concentration" when used in this Code means (1) qrams of alcohol per two hundred ten liters of a person's breath. or (2) the percent bv weiqht of alcohol in a person's blood. Section 5. Savinqs Clause. These amendments to Ordinance No(s). 91-91, 93-163, 92-131, and 93-200 does not affect any pending or existing litigation and does not operate as an abatement or bar to any action or proceeding pending under or by virtue of the repealed ordinance. section 6. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby.ratified and affirmed. Section 8. Effective Date/Emeraencv Passaqe. The City finds that it is in the interest of the City's health, safety and welfare to ensure uninterrupted enforcement of the City's Traffic Code. . Therefore in order that these required amendments be lawfully adopted prior to deadline date of July 1, 1994, the City Counciî declares and authorizes emergency adoption of this ordinance. This ORD # 94-212 , PAGE 9 ordinance shall take effect from and after July 1, 1994, or thirty (30) days after passage and publication of an approved summary consisting of the title hereto whichever comes first. PASSED by the City Council of the City of Federal Way this 21st day of June , 1994. CITY OF FEDERAL WAY MA:;(~ E~Að~ . SWANEY, CMC ~D" ro ro~, .~ CITY~TTORNEY, CAROLYN A. LAKE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: 6/25/94 EFFECTIVE DATE: 7/1/94 ORDINANCE NO. 94-212 6/1/94 6/21/94 ORO\MTO.FN2 ORD # 94-212 , PAGE 10 .I ~-- - '--.~,v ( ( EXHIBIT A Chapter 308-330 WAC WASHINGTON MODEL TRAFFIC ORDINANCE NEW SECTION WAC 308-330-005 Purpose of this chapter. The purpose of this ehapter is to encourage lüghway safety and uniform traffic laws by authorizing the department of IicerlSing to adopt a comprehensive compilation of sound. unifoIm traffic laws to serve as a guide whieh local authori- ties may adopt by rcC=ce or any part th=f. including all future amendments or IIdditions thecc:to. Any local authority which adopts this chapter by reference may at any time exclude any section or sections from this chapter which it does noI desire to include in its local traffic ordinance. TIús chapter is not intended to deny any loeal authority its legislative power, but rather to enhance safe and efficient movement of traffic throughout the state by having current. unifoIm traffic laws available. NEW SECTION WAC 308-330-010 Amendments to this chapter automatically included. The addition of any new section 10, or amendment or repeal of any section in, this chapter shall be deemed to amend any city, town, or county ordi- nance wrueh has adopted by rcCcrcncc to tIús chapter or any part thereof, and it sball not be necessary for the legislative authority of any city, town. or county to take any.action with =pc:ct to such addiáon. amendment. or ¡;cpcal notwithstand- ing tbe provisions of RCW 35.21.180. 35A.12.140, 35A.13.180, and 36.32.120(7). NEW SECTION WAC 308-330"()30 Unifonnitj in application. The provisions of this chapter relating to tbe operation of vehicles shall be applicable and unifonn upon all penons operating vchic:lc:s upon the public highways of this state. except as othe!Wise specifically provided. ( 347 ) Pcmw><n( - WSR 94-01~82 Washington State Register, Issue 94~1 ( . . /EW SEGnON WAC 3Q8-330-100 Chapter 46.04 RCW (Definitions) adopted by reference. All sections of chapter 46.04 RCW as nOW or hereafter amended are hereby adopted by refer- ence as a part of this chapter in all.respects as though such sections were set forth herein in full. NEW SEGnON WAC 308-330-109 Bus. "Bus" means every motor vehicle designed for carrying more than.ten passengers and used for transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. NEW SEGnON WAC 308-330-112 Bus stop. "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 unload- ing passengers: Provided, That such bus provides tegularly schoduled service within the jurisdiction of the local authori- ty. NEW SECTION WAC 308-330-115 City. "City" means every incorpo- rated city and town. NEW SECTION WAC 308-330-118 Demolish. "Demolish" means to destroy completely by use of a hydraulic baler and sheals, or a shredder. NEW SEGnON WAC 308-330-121 Department. "Department" means the department of licensing unless otherwise specified in this chapter. NEW SEGnON WAC 308-330-123 Director. "Director" means the director of licensing unless the director of a different department of government is specified. NEWSEGnON WAC 308-330-127 Holidays. "Holidays" include the first day of January, commonly called New Year.s Day; the third Monday in January, commonly called Martin Luther King Jr. day; the t1ùrd Monday of Fcbroary, being celebrated as the anniversary of the birth of George Washington; the thirtieth day of May, commonly known as Memorial Day; the fourth day of July, being the annivetSat)' of the Doclara- lion of Independence; the first Monday in September, to be known as Labor Day: the fourth Thursday in November, to be known as Thanksgiving Day; the twenty-fifth day of December, commonly called Christmas Day; and any other day specified by ordinance by the local authority to be a holiday. Whenever any holiday falls upon a Sunday, the following Monday shall Ix: a holiday. PcnnM>Col NEW SEGnON WAC 308-330-133 Loading zone. "Loading rone" means a space reserved for the exclusive use of vehicles during the loading or unloading of property or passengers. . NEW SEGnON WAC 308-330-136 Official time standard. "Official time sIandard" means, whenever certain hours arc named standard time or daylight saving time as may be in curren; use within the jurisdiction of the local authority. NEW SEmON WAC 3O8-33()"139 Ordinance. "Ordinance" means a cilY or town ordinance or a county ordinance or resolution. NEW SECTION WAC 308-330-142 Parking meter. "Parking meter" means any mechanical device or meter placed or erected adjacenI to a parking meter space, for the purpose of regulating or controlling the period of time of occupancy of such parking meter space by any vehicle. Each parking meter installed shall indicate by proper legend the legal parking time and when operated shall at all times indicate the balance of legal parking time, and at the expiration of such period shall indicate illegal or overtime parking. Each meter shall bear a legend indicating the days and hours when the requirement to deposit coins therein shall apply, the value of the coins to be deposited, and the limited period of time for which parking is lawfully permitted in the parldng meter space in whieh such meter is located. . NEW SEmON WAC 308-330-145 Parking meter space. "Parking meter space" means any space within a parking meter rone, adjacent to a parKing meter and which is duly designated for the parking of a singl.; vehicle by appropriate markings on the pavement andlor the curb. NEW SEmON WAC 308-330-148 Parking meter zone. "Parking meter rone" means any highway or part thereof or any off- S!recI parking lot on which parking meters are installed and in operation. NEW SEmON WAC 3Q8-33O-151 passenger loading zone. "Passen- ger loading zone" means a place reserved for the exclusive use of vehicles while receiving or discharging passengers. NEW SEmON WAC 308-330-154 Planting strip. "Planting strip" means that portion of a highway lying between the constroct- ed curb, or edge of the roadway, and the property line exclusive of the sidewalk area. . {348 ) ( Vashington State Register, Issue 94-01 ( WSR 94-01-082 . NEW SECTION WAC 308-330-157 Police or police officer. "Police or police officer" includes the police officelof a city, a town, marshal, or the sheriff and hislhcr deputies of a county whichever is applicable, but when the tenn sheriff is used in this chapler, it shall only mean the sheriff. NEW SECI10N WAC 308-330-160 Police chief or chief of police. "Police chief or chief of police" includes the police chief or chie( police officer of a city, a town marshal, or the sheriff of a county, whichever is applicable, but when the term sheriff is used in this chapter, it shaIl only mean the sheriff. NEW SECI10N WAC 308-330-163 Police department. "Police department" includes the police department of a city .or town or the sheriff's office of a county whichever is applicable, but when the tam sheriff is used in this chapter, it shall only mean the sheriff. NEW SECITON WAC 308-330-169 School bus zone. "School bus zone" means a designated portion of the highway along the curb reserved for loading and unloading school buses during designated hours. (f NEW SECI10N WAC 308-330.172 Service parking. "Service parking" means the use of a parking meter space while rendering service in cleaning, painting. adjusting, or making minor repairs or replacements in or to buildings or building equipment or to public utilities. NEW SECI10N WAC 308-330-175 Street. "Street" means a "city streeL" NEW SECI10N WAC 308-330-178 Taxicab. "Taxicab" means a motor vehicle for hire used for the transportation of persons for compensation, and not operaled exclusively over a fixed route or between fIXed tennini. NEWSECI10N WAC 308-330-181 Taxicab stand. "Taxicab stand" means a fixed portion of a highway set aside for taxicabs to stand or wait for passengers. \t NEW SECI10N WAC 308-330.184 Tow truck operator. "Tow truck operator" mcans a person, finn, partnership, association, or corporation which, in its course of business, provides towing services for vehicles and automobile hulks. NEW SECI10N WAC 308-330-187 Traffic division. 'Traffic division" means the traffic division of the police department of the local authority, or in the event a traffic division is not established, then said.term whenever used in this chapter shall be deemed to ref.,- to the police department of the local authority. NEW SECTION WAC 308-330-190 V-turn. "V-turn" means turning a vehicle so as to proeeed in the opposite direction on the same roadway. NEW SECI10N WAC 308-330-195 RCW sections adopted-Live- stock. The following sections of the Revised Code of Washington (RCW) pertaining to livestock on highway right- of-way as now or hereafter amended arc hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 16.24.065, and 16.24.070. . NEW SECI10N WAC 308-330-197 RCW sections adopted-Offroad and nonhighway vehicles. The following sections of the Revised Code of Washington (RCW) pertaining to off road and nonhighway vehicles as now or hereafter amended arc hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.09.020, 46.09.120, 46.09.130, 46.09.140, and 46.09.180. NEW SECI10N WAC 308.330.200 RCW sections adopted- Snowmobiles. The following sections of the Revised Code of Washington (RCW) pertaining to snowmobiles as now or hereafter amended are h.,-eby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.10.010, 46.10.090, 46.10.100,46.10.110,46.10.120,46.10.130,46.10.140, and 46.10.190. NEW SECI10N WAC 308-330-205 Public. employees to obey traffic regulations. The provisions of this chapter shaIl apply to the drivers of all vehicles owned or operated by the United States, the state, or any county, city, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this chapter. NEW SECI10N WAC 308-330-210 Police administration. There is established in the police'department of the local authority a traffic division to be under the control of a police officer appointed by, and directly responsible to, the chief of police. [.149 J Permanent ( Washi"gton State Register, !:ssue 94-01 (' WSR 94-01-082 NEW SECOON WAC 308-330-215 Duty of traffic divisio". It shall be the duty of the traffic division with such aid as may be rendered by other members of the police department to .wforce ¡ ¡e traffic regulations of the local authority, to make 81TCSts for traffic violations, to investigate accidents and to cooperate with the traffic engineer and other officers of the local authority in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to cony out those duties specially imposed upon the said division by this chapter and the traffic ordinances of the local authority. NEW SECOON WAC 308-330-220 Authority of police and fire department officials. (I) Officers of the police department or such officers as are assigned by the chief of police are authorized to di=t all traffic by voice, hand, or signal in confonnance with law: Provided, That in the evwt of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direet traffic as conditions may require notwithstanding the provisions of law. (2) Officers of the fire departmw~ whw at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediale vicinity. NEW SECI10N WAC 308-330-225 Records of traffic violations. (I) The police department or the traffic division thereof shall keep a record of all violations of the traffic ordinances of the local authority or of the state motor vehicle laws of w!üch any person has been charged, with the exception of illegal parking or standing violations, together with a record of the final disposition of all such alleged offenses. Such records shall be so maintained as to show all types of violations and the total of each. Such records shall accumulate during at least a five-year period, and from that time on the records shall be .maintained complete for at least the most recent five-year period. (2) All forms for records of violations and notices of violations shall be serially numbered. For each month and year a wrilten record of all such fonns shall be kept (3) Records and reports concerning a person shall be available upon request only to that particular person request- ing such record or report concerning himself, or the legal gnardian thereof, the parent of a minor, or any authorized representative of such interested party, or the attorney or insurer thereof. NEW SECOON WAC 308-330-230 Traffic division to investigate accidents. It shall be the duty of the traffic division, assisted by other members of the police department, to investigate traffic accidents, to arres~ and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents. Pennanen! NEW SECOON WAC 308-330-235 Traffic accident studies. Whenev- er the accidents at any particular location become numerous the traffic division shall cooperate with the traffic wgin~ in conducting studies of such accidents and in detCCIllining remedial measures. . . NEW SECOON WAC 308-330-240 Traffic accident reports. The traffic division shall maintain a suitable system of filing traffic accident reports. Accident reports or cards refening to them shall be filed alphabetically by location. Such reports shall be available for the use and the infonnation of the traffic engineer. NEW SECOON WAC 308-330-245 Traffic division to submit annual traffic safety report. The traffic. division shall annually prepare a traffic report w!üeh shall be filed with the appoint- ing authority of the local authority. Such report shall contain information on traffic matters in the local authority as follows: (I) The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data; (2) The number of traffic accidents investigated and other pertinent data on the safety activities of the police; (3) The plans and. recommendations of the division for future traffic safety activities. . NEW SECOON WAC 308-330-250 Police department to administer bicycle licenses. The police departmwt or some other office or department designated by the local authority shall admin- ister the bicycle license regulations required by this chapter. NEW SECTION WAC 308-330-255 Police department to regulate parking meters. The police departmwt shall be responsible for the regulation. eontrol, operation, and use of parking meters installed in all parking meter zones. NEW SECTION WAC 308-330-260 Traffic engineer. (I) The office of traffic engineer is established: Provided, 'That if there is no traffic wgineer, then the engineer of the local authority shall serve as traffic engineer in addition to hislher other functions, and shall exercise the powers and duties with respect to traffic as provided in this chapter: Provided further, That if there is no engineer in the local authority, then the appointing authority shall designate a person to exercise such powers and duties. (2) It shall be the gC{leral duty of the traffic wgineer to determine the installation and maintwance of traffic control devices, to conduct engineering analysis of traffic accidwts and to devise remedial measures, to conduct engineering investigations of traffic conditions. to plan the operation of traffic on (he highways of Ihe local authority. to cooperate . (JSO . Washi"gto" State Register, Issue 94-01 ( WSR 94..()1"()82 - '. ( . ... k. with other officials in thc development of ways and means (II) To erect signs IOdlc.atlOg no p.ar 109 upon both to improve traffic conditions, and to catty out the additional sides of a highway when the WIdth of the I~proved n;>adway powers and duties imposed by any ordinances of the local does not exceed twenty (eet, or upon o~e sIde of a. hIghway authority. as indicated by such signs when the wld~ of the Improved roadway is between twenly and twenty-clght feel; (12) To determine when standIng or parking may be penniUed upon the lefI-hand side of any roadway when the highway includes two or more separate roadways and lraffic is restricted to one direction upon any such roadway and to erect signs giving notice thereof; (13) To determine and designate by proper signs places not exceeding one hundred feet in length in which tl¡e slopping, standing, or parking of vchiclð5 would create an especially hazardous condition or would cause unusual delay to traffic; (14) To determine the location of loading zones, passenger loading zones, and tow-away.:zonc:s and shall place and maintain appropriate signs or curb marlångs supplement- ed with the appropriate words stenciled on the cum indicat- ing the same and stating the hours during which the provi- sions of this chapter are applicable; (IS) To establish bus stops; bus stands, taxicab stands, and stands for other for hire vehicles on such highways in such places and in such number as hc/she shall dctcnnine to be of the greatest benefit and convenience to the public, and evccy such bus stop, bus stand, taxicab stand, or other stand shall be designated by appropriate signs or by cum markings supplemenled with the appropriate words stenciled on the cum; (16) To erect and maintain official tr~ffic control devices on any highway or part thereof to Impose gross weight limits on the basis of an engineering and traffic investigation; (17) To erecl and maintain official traffic ~~ntrol devices on any highway or part thereof to prohIbIt the operation of trucks excccdin~ ten. thousand pou~ds g';"Oss weight on Ihe basis of an englnCCl1ng and traffic mveslJga- lion: Provided, That such devices shall not prohibit neces- sary local operation on such highways for the purpose of making a pickup or delivery; (18) To erect and maintain official !raffic con!rol devices on any highway or part thereof to Impose vehtcle size restrictions on the basis of an engincccing and traffic investigalion; . (19) To determine and designat~ ~ose heavily trav"!ed highways upon which shall be prohIbIted any class or kind of traffic which is found to be incompatible with the nonnal and safe movement of traffic on the basis of an engineering and traffic investigation and shall creet appropriate official traffic control devices giving notice thereof; (20) To install parking meters in the established parking meler zones upon the curb adjacent to each designated parking space; . . (21) To designate Ihe parkmg space adjacent to each parking meter for which such meter is to be used byappro- priate markings upon the cum and/or the pavement of the highway; (22) To post appropriate signs making it unlawful for pedestrians 10 cross highways ~n certain c,:<,sswalks .when such crossing would endanger eIther pedestnan or vehIcular traffic using the highway; (#- NEW SECTION WAC 308-330-265 Traffic engineer-Authority. The traffic engineer is aulhorizcd: (I) To place and maintain official traffic control devices when and as required under the traffie.ordinances or resolu- tions of the local authority to make effective the provisions of said ordinances or resolutions, and may place and maintain such additional official traffic control devices as hc/she may deem necessary to regulate, warn, or guide traffic under the traffic ordinances or resolutions of the local authority; . (2) To place and maintain official traffic control devI~ as hc/she may deem necessary to regulate, warn, or guIde traffic for construction, detours, emergencies, and special conditions; (3) To designate and maintain, by appropriate devices, mårks, or lines upon the surface of the roadway, crosswalks at intersections where in hislher opinion there is particular danger to pedestrians crossing the roadway, and in such other places as hc/she may deem necessary; (4) To establish safety zones of such kind and character and at such -places as hc/she may deem necessary for the protection of pedestrians; (5) To mark traffic lanes upon the roadway of any highway where a regular alignment of traffic is necessary; (t-- (6) To regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner; (7) To place official traffic control devices within or adjacent to intersections in~icating the co.urse to be travel~ by vehicles turning at such mlersectlons, In accordance WIth the provisions of this chaplet, and such course to be traveled as so indicated may conform to or be other than as pre- scribed by law; (8) To dctcnnine those intersections at which drivers of vehicles shall not make a right, left. or U-turn, and shall place proper signs at such inlersections. . The making of such turns may be prohibited between Cerlaln hours of any day and penniUed at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns arc pcnniUed; (9) To erect and maintain stop signs, yield signs, or other official traffic control devices to designate arterial highways or to designate intersection or other roadway junctions at which vehicular traffic on one or more of the roadways shall yield or stop and yield befo~e ent~ng the intersection or junction, except as provIded In RCW 46.61.195; (10) To issue special pennits to authori~ the backin~ of a vehicle to the cum for the purpose of loading or unloadmg property subject to the tenns and conditions of such penni!. Such pennies may be issued either to the owner or lessee of It - real properly alongside the curb or to I~e. owner of t~e '& vehicle and shall grant 10 such person the pnvdege as therem sIaled and aulhorizcd by Ihis section; (351 I Pe"",nenl ( ( Wasltington State Register, Issue 94-01 . WSR 94-01-082 (23) To test new or proposed traffic control dcvices under actual conditions of traffic. NEW SBCOON WAC 308-330-270 Local autltority-Authority. After an engineering and traffic investigation by the traffic engineer, the local authority may by resolution: (I) Decrease maximum speed limits pursuant to RCW 46.61.415; (2) Increase maximum speed limits pursuant to RCW 46.61.415; (3) Dctcnnine and declare the maximum speed limits on arterial highways pursuant to RCW 46.61.415; (4) Detcnnine and declare upon what highways angle parking shall be pcnnitted pursuant to RCW 46.61.575(3); (5) Prohibit, ¡-egulate, or limit, stopping, Stáhding, or parking of vehicles on any highway at all times or during such times as shal(be indicated by official traffic control devices; (6) Detcnnine and declare parking meter :rones upon those highways or parts thereof where the installation of pariång mctas will be necessary to regulate parking; (7) Close any highway or part thereof temporarily to any or all traffic; (8) Determine and declare one-way highways pursuant to RCW 46.61.135; (9) Dctcnnine and declare arterial highways pulSuant to RCW 46.61.195 and 46.61.435. NEW SECTION WAC 308-330-275 Traffic safety commission- Powers and duties. (I) There is estáblished a traffic safety commission to serve without compensation, consisting of the traffic engineer, the chief of police. or, in lúslher discretion as hislher representátive, the chief of the traffic division or other cognizant member of the police department, one representative each from the engineer's office and the attorney's office, and such number of other officers of the local authority and representátives of unofficial bodies as may be determined and appointed by the appointing authori- ty of the local authorily. The chair of the commission shall be appoinled by such appoinling authority and may be removed by such authority. (2) It shall be the duty of the traffic safety commission, and to this end it shall have authorilY wiIiún the limits of the funds at its disposal, to coordinate traffic activities, to supervise the preparation and publication of traffic reports, to receive complaints having to do with traffic matters. and to recommend to the legislative body of the local authority and to the traffic engineer, the chief of the traffic division, and other officials, ways and means for improving traffic conditions and the administration and enforccmenI of traffic regulations. NEW SBCOON WAC 308-330-300 RCW sections adopted-Certifi- cates of ownership and registratio"s. The following sections of the Revised Code of Washington (RCW) pertain- ing to vehicle certificates of ownership and regislrations as now or hereafler amended arc hereby adopted by reference P,m""," as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.12.070, 46.12.080,46.12.101,46.12.102,46.12.260,46.12.300, 46.12.310,46.12.320,46.12.330,46.12.340,46.12.350, and 46.12.380. . ( NBW SBCOON WAC 308-330-305 RCW sections adopted-Vehicle licenses. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle licenses as now or hereafter amended arc hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.16.010,46.16.011, 46.16.022, 46.16.023, 46.16.025, 46.16.028, 46.16.030, 46.16.048,46.16.088,46.16.135,46.1.6.140,46.16.145, 46.16.170,46.16.180,46.16.240,46.16.260,46.16.290,. ..., 46.16.316,46.16.381,46.16.390,46.16.500,46.16.505, 46.16.595, and 46.16.710. NBW SBCOON WAC 308-330-307 RCW sections adopted-Driver licenses identicards. The following sections of the Revised Code of Washington CRCW) pertaining to driver licenses identification cards as now or hereafter amended arc hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.20.021, 46.20.02:1. 46.20.025, 46.20.027, 46.20.031, 46.20.041,46.20.045,46.20.190.46.20.220,46.20.308, 46.20.336, 46.20.338, 46.20.342, 46.20.343, 46.20.344, 46.20.391,46.20.394,46.20.410,46.20.420,46.20.430, 46.20.435,46.20.500,46.20.510,46.20.550, and 46.20.750. NEW SECTION WAC 308-330-309 RCW sections adopted-Unifonn Commercial Driver's License Act. The following sections of the Revised Code of Washington (RCW) pertaining to the Uniform Commercial Driver's License AcI as now or hereafter amended arc hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.25.010, 46.25.020, 46.25.030,46.25.040.46.25.050,46.25.110,46.25.120. and 46.25.170. . NBW SBCOON WAC 308-330~310 RCW sections adopted- Financial responsibility. The following section of the Revised Code of Washington (RCW) pertaining to financial responsibility as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such seclion were set forth .herein in full: RCW 46.29.605. NEW SBCOON WAC 308-330"312 RCW sections adopted- Mandatory liability insurance. The following sections of the Revised Code of Washington (RCW) pertaining to mandatory liability insurance as now or hereafter amended arc hereby adopled by reference as a part of this chapter in all respects as through such scelions were sel forth herein in . ( 3S2 J ( lVashi~gton State Register, [ssue 94-01 (" WSR 94'()1'()82 full: RCW 46.30.010,46.30.020, 46.30.030, and 46.30.040. tl NEW SECTION WAC 308-330-314 RCW sections adopted-Vehicle Inspection. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle inspection as now or hereafler amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.32.060 and 46.32.070. (I NEW SECTION WAC 308-330-316 RCW sections adopted-Vehicle lighting and other equipment. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle lighting and olher equipment as now or hereafter amended arc hereby adopted by reference as a part of this chapter in all respects as though sueh sections were set forth herein in full: RCW 46.37.010, 46.37.020, 46.37.030, 46.37.040,46.37.050,46.37.060,46.37.070.46.37.080, 46.37.090,46.37.100,46.37.110,46.37.120,46.37.130, 46.37.140,46.37.150,46.37.160,46.37.170,46.37.180, 46.37.184,46.37.185,46.37.186,46.37.187,46.37.188, 46.37.190,46.37.193,46.37.196,46.37.200,46.37.210, 46.37.215,46.37.220,46.37.230,46.37.240,46.37.260, 46.37.270,46.37.280,46.37.290,46.37.300,46.37.310, 46.37.340,46.37.351.46.37.360,46.37.365,46.37.369, 46.37.375,46.37.380,46.37.390,46.37.400,46.37.410, 46.37.420,46.37.423,46.37.424,46.37.425,46.37.430, 46.37.435.46.37.440,46.37.450,46.37.460,46.37.465, 46.37.467,46,37.470,46.37.480,46.37.490,46.37.500, 46.37.510,46.37.513,46.37.517,46.37.520,46.37.522, 46.37.523,46.37.524,46.37.525,46.37.527,46.37.528, 46.37.529,46.37.530,46.37.535,46.37.537,46.37.539, 46.37.540,46.37.550. 46.37.560. 46.37.570, 46.37.590. 46.37.600.46.37.610. and 46.37.620. NEW SEcrlON WAC 308-330-320 RCW sections adopted-Size, weight, load. The following sections of the Revised Code of Washing Ion (RCW) pertaining to vehicle size. weight. and load as now or hereafler amended are hereby adopted by reference as a part of lhis chapter in all respects as though such sections were set forth herein in full: RCW 46.44.010, 46.44.015.46.44.020,46.44.030,46.44.034,46.44.036, 46.44.037,46.44.041.46.44.042,46.44.047.46.44.050. 46.44.060. 46.44.070, 46.44.090, 46.44.091, 46.44.092. 46.44.093,46.44.095,46.44.096,46.44.105,46.44.120. 46.44.130,46.44.140,46.44.170,46.44.173.46.44.175, and 46.44.180. . NEW SECTION WAC 308-330-322 RCW sections adopted-Trans- portation of hazardous materials. The following section of the Revised Code of Washington (RCW) pertaining to transportal ion of hazardous materials as now or hereafter amended is hereby adopted by rderence as a part of this chapter in all respects as though such section were seI forth herein in full: RCW 46.48.170. NEW SECTION WAC 308-330-325 RCW sections adopted-Acci- dents, reports. The following sections of the Revised Code of Washington (RCW) pertaining to accidents and accident reports as now or hereafter amended arc hereby adopted by reCerence as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.52.010, 46.52.020, 46.52.030. 46.52.040, 46.52.070, 46.52.080, 46.52.088.46.52.090. and 46.52.100. NEW SECTION WAC 308-330-327 RCW sections adopted-Hulk haulers and scrap processors. The following sections of the Revised Code of Washington (RCW) pertaining to hulk haulers and scrap processors as now or hereafter amendëd. are hereby adopted by referencc as a part of this chapter ill all respects as though such sections were set forth herein in full: RCW 46.79.010 and 46.79.120. NEW SECTION WAC 308-330-329 RCW sections adopted-Rental car businesses. The (ollowing section of the Revised Code of Washinglon (RCW) pertaining to rental car businesses as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such section were set forth herein in full: RCW 46.87.023. NEW SECTION WAC 308-330-330 RCW sections adopted-Motor vehicle wreckers. The following section of the Revised Code of Washington (ReW) pertaining to motor vehicle wreckers as now or hereafter amended is hereby adopted by reference as a part of this chapter in all respects as though such seclion were set forth herein in full: RCW 46.80.010. NEW SECTION WAC 308-330-360 Owner of record presumed liable for costs when vehicie abandoned-Exception. (I) The abandonment of any vehicle or automobile hulk shall constitute a prima facie presumption that the last owner of record is responsible for such abandonment and thus liable for any costs incurred in removing. storing, and disposing of any abandoned vehicle. . (2) A registered owner transferring a vehicle shall be relieved from persona! liability under this section if within five days of the transfer he/she transmits to the department a seller's report of sale on a fonn prescribed by the director. NEW SEcrlON WAC 308-330-365 Contract with registered disposer to dispose o( vehicles and hulks-Compliance required. (I) The local authority may contract with any tow truck operator who is engaged'in removing and storing of velúcles and who is registered as a registered disposer by the depart- ment for the purpose of disposing of certain automobile hulks, abandoned junk motor vehicles. and abandoned vehicles. I J5J I Pem..nent WSR 94-01-082 Washi"gto" State Register, Issue 94.£. (2) Any registered disposer under contract to the local authority for the removing and storing of vehicles or hulks shall comply with the administrative regulations relative to the handling and disposing of vehicles or hulks as may be promulgated by the local authority or the director. NEW SEGnON WAC 308-330-370 Stolen and abandoned vehicles- Reports of-Recovery, report required, penalty-Disposi- tion. It shall be the duty of the chief of police to report immediately to the chief of the Wasrungton state patrol all motor vehicles reported to them as stolen or n:covcrcd, upon fonns to be provided by the chief of the Washington stale ~trol. . In the event that any motor vehicle reported as stolen ".. has been n:covcrcd. failUQ;- the person so reporting the same as stolen to report the n:covc:ry thereof to the chief of police to whom such motor vehicle was reported as stolen is a traffic infraction. It shall be the duty of the chief of police to report to the chief of the Wasrungton state patrol all vehicles or automo- bile hulks found abandoned on a highway or at any other place and the same shall, at the direction of a law enforce- ment officer, be placed in the custody of a registered disposer. NEW SEGnON WAC 308-330-375 Disposition of abandoned junk motor vehicles. (1) Notwithstanding any other provision of law, the cruef of police on hislher own volition, or upon request from a private person having the right to possession of property upon which an abandoned junk motor vehicle has bccn left. shall inspect and may authorize the disposal of an abandoned junk motor vehicle. The chief of police shall record the make of such vehicle, the serial number if available, and shall also detail the damaged or missing equipment to substantiate a fair market value as scrap only. Hclshe shall prepare in duplicate for each such abandoned junk motor vehicle as an authorization to dispose on a form provided by the director. Hclshe shall issue the original copy of such authorization to dispose to any licensed hulk hauler, motor vehicle wrecker, or scrap processor for the purpose of acquiring an abandoned junk motor vehicle: Provided, That such acquisition is for the purpose of ulIimale transfer to and demolition by a licensed scrap processor. . (2) Any moneys arising from the disposal of abandoned junk motor vehicles shall be deposited in the county general fund. NEW SEGnON WAC 308-330-400 Provisions of chapter refer to vehicles upon highway-Exception. The provisions of úùs charIer relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways eXccpI: (I) Where a difCerent place is specifically ref CITed to in a given section; (2) The provisions of RCW 46.52.010, 46.52.020, 46.52.030, 46.52.070. 46.52.080. 46.52.090, and 46.61.500 Pcnn,ncnt through 46.61.515 shall apply upon highways and clsewhere throughout the jurisdiction of the local authority. NEW SEGnON ( WAC 308-330-403 Required obedience to traffic ordinance. It is unlawful for any person to do any act fOIbidden or fail to perform any act required by this chapter. NEW SEGnON WAC 308-330-406 RCW sections adopted-Aban- doned, unauthorized, and junk vehicle tow trock opera- tors. The following sections of the Revised Code of Washington (RCW) pertaining to abandoned, unauthorized, and junk vehicle tow tnlck operators as now or hereafter amended arc hereby adopted by reference '!5 a part of this chapter in all respects as though such sa::ûons were set forth herein in full: RCW 46.55.010, 46.55.020, 46.55.030, 46.55.035,46.55.037,46.55.040,46.55.050,46.55.060, 46.55.063, 46.55.070, 46.55.080, 46.55.085. 46.55.090, 46.55.100,46.55.105, 46.55. 110,46.55.113,46.55.120, 46.55.130,46.55.140,46.55.150,46.55.160,46.55.170, 4655.230,46.55.240, and 46.55.910. NEW SEGnON WAC 308-330-408 RCW sections adopted-Traffic laws, signs, signals, markings. The following sections of the Revised Code of Washington (RCW) pertaining to obedience to and effect of traffic laws, traffic signs, signals and markings as now or hereafter amended arc hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.005,46.61.015,46.61.020,46.61.021,46.61.022, 46.61.024,46.61.025,46.61.030,46.61.035,46.61.050, 46.61.055,46.61.060,46.61.065,46.61.070,46.61.072, 46.61.075,46.61.080,46.61.085, and 46.61.220. NEW SEGnON WAC 308.330-409 Traffic control devices re- quired-Stopping, standing, and parking. No prohibition. regulation, or limitation relating to stopping, standing, or parking imposed under this chapter or any ordinance of the local authority for which traffic control devices are required shall be effective unless official traffic control devices arc erected and in place at the time of any alleged offense. 4 NEW SEGnON WAC 308-330-412 Crossing new pavement and markings. No person shall ride or drive any animal, bicycle, or vehicle, across any newly made pavement or freshly applied marlångs on any highway when a sign. cone marker, or olhcr warning device is in place warning persons not to drive across such pavement or marking. NEW SEGnON WAC 308-330-415 RCW sections adopted-Right of way. The following sections of the Revised Code of Washinglon (RCW) pertaining to vehicles and pedestrians use of roadways. right of way. rights and duties as now or « (354 I Washi"gto" State Register, Issue 94-01 ( ( hereafter amended are hereby adopted by reference as a part Úlan ten feet of the width of Ihe roadway for free moVement of this chapter in all respects as though such sections were of vehicular !raffic. set forth herein in full: RCW 46.61.100, 46.61.105, (2) No person shall SlOp, sland, or park a vehicle within 46.61.110,46.61.115,46.61.120,46.61.125,46.61.130, an alley in such posilion as 10 block the driveway entrance 46.61.135,46.61.140,46.61.1.45,46.61.150,46.61.155, to any abutting property. 46.61.160,46.61.180,46.61.185,46.61.190,46.61.195, 46.61.200,46.61.202,46.61.205,46.61.210,46.61.215, 46.61.230,46.61.235,46.61.240,46.61.245,46.61.250, 46.61.255,46.61.260,46.61.261,46.61.264,46.61.266, and 46.61.269. » . NEW SECITON WAC 308-330421 RCW sections adopted~tarting and stopping. The following sections of the Revised Code ofWaslúngton (RCW) pertaining to turning, starting, signals on stopping and turmng. and special stops as now or hereafter amended arc hereby adopted by reference as a pan of Úlis chapter in all respects as though such sections were set forth herein in full: RCW 46.61.290, 46.61.295, 46.61.300,46.61.305,46.61.310,46.61.315,46.61.340, 46,61.345,46.61.350,46.61.355,46.61.365,46.61.370, 46.6[.371,46.61.372,46.61.375, and 46.61.385. NEW SECITON WAC 308-330-423 RCW sections adopted~peed restrictions. The following sections of the Revised Code of Washington (RCW) pertaining to speed restrictions as now or hereafter amended arc hereby adopted by reference as a pan of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.400. 46.61.415, 16.61.425,46.61.427.46.61.428,46.61.435.46.61.440, 46.61.445.46.61.450,46.61.455,46.61.460,46.61.465, 46.61.470, and 46.61.475. NEW SECITON WAC 308-330-425 RCW sections adopted-Reckless driving, vehicular homicide and assault. The following sections of Úle Revised Code of Washington (RCW) pertain- ing to reckless driving, driving while under the influence of intoxicating liquor or any drug, vehicular homicide and assault as now or hereafter amended arc hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.500, 46.61.502,46.61.504,46.61.506,46.61.515,46.61.517, 46.61.519,46.61.5191.46.61.5195,46.61.525,46.61.530, 46.61.535. and 46.61.540. NEW SECITON WAC 308-330-430 Obedience to angle-parking signs or marlångs. Upon Úlose highways whieh have been signed or marked for angle-parking. no person shall park or stand a vehicle oilier Úlan aI Ihe angle to Úle curb or edge of Úle roadway indicaled by such signs or markings. . NEW SECTION WAC 308-330-433 Parking not to obstruct traffic. J) No person shall park a vehicle upon a highway in such a manner or under such conditions as to leave available less WSR 94-01-082 NEW SECITON WAC 308-330-436 Parki"g for certain purposes unlawful. (I) No person shall park any vehicle upon any highway for the principle of: (a) Displaying advertising; (b) Displaying such vehicle for sale; (c) Selling merchandise from sueh vehicle, except when auÚlodzed. (2) No person shall park any vehicle upon any roadway for the principle purpose of washing, greasing, or repairing. such vehicle except repairs necessitated by an emergency. NEW SECITON WAC 308-330-439 Standing [n passenger loading zone. No person shall stop, stand, or parle a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger loading zone during hours when the regulations applicable to the loading zone arc effective, and then only for a period not to exceed three minutes. NEW SECITON WAC 308-330-442 Standing in loading zone. (1) No person shall stop, stand, or parle 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 SlOp for loading and unloading of property exceed thirty minutes. (2) 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 sueh stopping docs not interfere with any vehicle which is waiting to enter or about to enter such zone to load or unload property. NEW SECITON WAC 308-330-445 Standing in a tow-away zone. No person shall SlOp, sland, or park a vehicle in a place marIccd as a tow-away zone during hours when the provisions applicable to such zone arc in effect. NEW SECITON WAC 308-330-448 Violating pennits Cor loading or unloading at an angle to the curb. It shall be unlawful for any pemittcc or other person to violate any of the special terms or conditions of any permit issued by the traffic engineer (or Ihe backing of a vehicle to the curb for the purpose of loading or unloading property. [JSS I Penn."e., WSR 94-01-082 ( Washington State Register, Issue 94-h. NEW SEcnON WAC 308-330-451 Sta"ding or parking on o'ne-way roadways. [n the event a highway includes two or more separate roadways, no person shall stand or park a vehicle upon the left-h~nd side of such or,e-way roadway unless signs arc erected 10 pennit such standing or parking. NEW SECTION WAC 308-330-454 Stopping, standing, and parking of buses and taxicabs regulated. (I) The operator of a bus shall not stand or park such vehicle upon any highway at any place other than a designated bus stop. TIùs provision shall nol prevenl the 9peralor of a bus from temporarily .stopping in accordance with other stopping, standing, or parking regulations at any place for the pwposo of and while actually engaged in the expeditious lõaaing or unloading of passengers or their baggage. (2) The operator of a bus shall enter a bus stop or passenger loading zone on a highway in such a manner that the bus when stopped to load or unload passengers or baggage shall be in a position with the right front wheel of such vehicle not farther than eighteen inches from the curb and the bus approximately parallel to the curb so as not to unduly impede thç movement of other vehicular traffic. (3) The operator of a taxicab shall not stand or park such vehicle upon any highway a.t any place other than in a designated taxicab stand. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping, standing, or parking regula- tions at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passen- gers. NEW SECTION WAC 308-330-457 Restricted use of bus stops and taxicab stands. 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, except the driver of a passenger vehicle may temporarily stop there for the purpose of, or while aclually engaged in, loading or unloading passengers when such stopping docs not interfere with any bus, or taxicab waiting to enter or about to enler such SlOP or stand. NEW SECTION WAC 308.330-460 Right of way for parking. The driver of any vehicle who first begins driving or maneuver" ing hislher vehicle inlo a vacant parking space shall have a prior right of way to park in such place, and it shall be unlawful for another driver to attempt to deprive himlher thereof by blocking hislher access or otherwise. For the purpose of establishing right of way in this section it shall be considered proper to back into any but a front-in angle parking space. Ponn.nen' NEW SECTION WAC 308-330-462 RCW sections adopted- Stopping, standi"g, and parking. The following sections of the Revised Code of Washington (RCW) pertaining to vehicle stopping, standing, and parking as now c.r hereafter amended arc hereby adopted by reference as a part of this chapter in all respects as though such sections wcic set forth herein in full: RCW 46.61.560, 46.61.570, 46.61.575, 46.61.581,46.61.582,46.61.583, and 46.61.590. NEW SECTION WAC 308-330-464 RCW sections adopted-Opera- tian and restrictions. The following sections of the Revised Code of Washington (RCW) pertaining to the operation of vehicles and th~ restriction of certain acts and practices of vehicle operators and passengers as now or hereafter amended arc hereby adopted. by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.600, 46.61.605, 46.61.606,46.61.608,46.61.610,46.61.611,46.61.612, 46.61.614,46.61.615,46.61.620,46.61.625,46.61.630, 46.61.635,46.61.640.46.61.645,46.61.655.46.61.660, 46.61.665,46.61.670,46.61.675,46.61.680,46.61.685, 46.61.687,46.61.688,46.61.690,46.61.700,46.61.710, 46.61.720, and 46.61.730. NEW SECTION WAC 308-330-466 Funera[ processions. (I) A funeral procession shall proceed to the place of interment by the most direct route which is both legal and practicable. (2) A funeral procession shall be accompanied by adcquale escort vehicles for traffic control purposes as detcnnined by Ihe chief of police. (3) All motor vehicles in a funeral procession shall be identified by having their headlights turned on or by such other method as may be delennined and designated by the chief of police. (4) All motor vehicles in a funeral procession shall be operaled as near 10 the right-hand edge of the roadway as is practicable and shall follow the vehicle ahead as close as is practicable and safe. 4 NEW SEcnON WAC 308-330-469 When permits required for parades and processions. With the exception of funeral processions and parades of the armed forces of the United States, !he military forces of this state, and the forces of the police and fire departments, no processions or parades shall be conducted on the highways within the jurisdiction of the local authority except in accordance with a pennit issued by the chief of police and such oIher regulations as arc set forth in this chapter which may be applicable. NEW SECTION WAC 308-330-472 Interfering with processions. (I) No person shall unreasonably interfere with a procession. (2) No person shall operate a vehicle that is not part of a procession between the vehicles of the procession. This provision shall not apply at intersections where Iraffic is . 1356 I ( Washi"gton State Register, Issue 94~1 ( WSR 94~1~82 controlled by traffic control devi= unless a police officer address of the person to whom issued. and a record of all is present at such intersections to direct traffic so as to bicycle license fees collected by him. preserve the continuity of the procession. ,to NEW SECTION WAC 308-330-475 Boarding or alighting from vehicles. No person shall board or alight from any vehicle while such vehicle is in motion. NEW SECTION WAC 308-330-478 Unlawful riding. No person shall ride upon any portion of a vehicle not designed or intended for the use of passengers. 11tis provision shall not apply to an employee engaged in the ncccsslU)' discharge of a duty, or to persons riding within !ruck bodies in space intended for merchandise. .. . ( NEW SECTION WAC 308-330-481 RCW sections adopted-Opera- tion of nonmotorized vehicles. The following sections of the Revised Code of Washington (RCW) pertaining to the operation of non motorized vehicles as now or hereafter amended arc hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.750, 46.61.755, 46.61.758. 46.61.760,46.61.765,46.61.770.46.61.775, and 46.61.780. NEW SECl10N WAC 308-330-500 Bicycle license required. No person who resides within the jurisdiction of the local authority shall ride or propel a bicycle on any highway or upon any public path set aside for the exclusive use of bicycles unless such bicycle has been licensed and a license plale or decal is attached thereto as provided in WAC 308- 330-500 through 308-330-540. NEW SECTION WAC 308-330-505 Bicycle license application. Application for a bicycle license and license plate or decal shall be made upon a form provided by and to the chief of police. An annual license fee as prescribed by the local authority shall be paid to the local authority before each license or renewal thereof is granted. Duplicate license plates or decals may be supplied for the same cost as the original plate or decal in the event of loss of the plate or decal. :\ NEW SECTION WAC 308-330-510 Issuance of bicycle license. (I) The chief of police upon receiving proper application therefor is authorized to issue a bicycle license which shall be effective for one calendar year. (2) The chief of police shall not issue a license for any bicycle when he/she knows or has reasonable grounds to - believe that the applicant is not the Owner of, or entitled to the possession of, such bicycle. (3) The chief of police shall keep a record of the number of each license, the dale issued, the name and NEW SECTION WAC 308-330-515 Attachment of bicycle license plate or decal. (I) The chief of poliee, upon issuing a bicycle license, shall also issue a license plate or decal bearing the license number assigned to the bicyele, and the name of the local authority. (2) Such license plate or decal shall be firmly attached to the rear mudguard or frame of the bicycle for which issued in such position as to be plainly visible from the rear. (3) No person shall remove a license plate or decal from a bicycle during the period for which issued except upon a transfer of ownership or in the event the bicycle is disman- tled and no longer operated upon any highway within the jurisdiction of the local authority. NEW SECTION WAC 308.330-520 Inspection of bicycles. The chief of police, or an officer assigned such responsibility, may inspecI each bicycle before licensing the same and may refuse a license for any bicycle which he/she determines is in unsafe mechanical condition. NEW SECTION WAC 308-330-525 Renewal of bicycle license. Upon Ihe expiration of any bicycle license, the same may be renewed upon application and payment of the same fee as upon an original application. NEW SECTION WAC 308-330-530 Bicycle transfer of ownership. Upon the sale or other transfer of a licensed bicycle, the licensee shall remove the license plate or decal and shall either surrender the same to the chief of police or may upon proper application, but without payment of additional fce, have such plate or decal assigned to another bicycle owned by Ihe applicant NEW SECTION WAC 308-330-535 Bicycle rental agencies. A rental agency shall not rent or offer any bicycle for rent unless the bicycle is licensed and a license plate or decal is attached IhereIo as provided herein and such bicycle is equipped with the equipment required by RCW 46.61.780. NEW SECTION WAC 308-330-540 Bicycle dealers. Every person engaged in the business of buying or selling new or second- hand bicycles shall make a report to the chief of police. of every bicycle purchased or sold by such dealer, giving the name and address of Ihe.person from whom purchased or to whom sold, a description of such bicycle by name or make. the frame number thereof. and number of license plate or deca!, if any, found thereon. I JS7 I Pwnancn< (" Washingto" State Register, issue 94-0( '. WSR 94-01-082 NEW SEcnON WAC 308-330-545 ßicycles-Obedience to .traffic control devices. (I) Any person operating a bicycle shall obey the instructions of official traffic còntrol devices applicable 10 vcþicles, unless otherwise directed by a police officer. (2) Whenever authorized signs arc erected indicating that no right or left or U-turn is permitted, no person operating a bicycle shall disobey the directions of any such sign, except where such person dismounts from the bicycle at the right-hand curb or as close as is practicable to the right edge of the right-hand shoulder to mOke any such turn, in which event such person shall then obey the regulations applicable to pedestrians. NEW SECITON WAC 308-330-550 Bicycles-Parking. No person shall park a bicycle upon a highway other than: (I) Off the roadway except in designated areas; (2) Upon the sidewalk in a rack to support the bicycle: (3) Against a building; or (4) In such manner as to afford the least obstruction to pedestrian traffic. NEW SECITON WAC 308-330-555 Bicycles-Riding on sidewalks. (1) No person shall ride a bicycle upon a sidewalk in a business district (2) A person may ride a bicycle on any other sidewalk or any roadway unless restricted or prohibited by traffic control devices. (3) Whenever any person is riding a bicycle upon a sidewalk. such person shall yield the right of way to any pedestrian. NEW SEcnON WAC 308-330-560 Bicycles-Penalties. Violation of any provision of WAC 308-330-500 through 308-330-540 is a traffic infraction. NEW SEcnON WAC 308-330-565 Unclaimed bicycles. All un- claimed bicycles in the custody of the police department shall be disposed of as provided in chapter 63.32 RCW. NEW SECITON WAC 3O8-330~ Parking meter spaces. No person shall park a vehicle in any designated parking meter space during the restricted or regulated time applicable to the parking meler zone in which such meter is located 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 designaled parking meter space shall be pennitted to occupy Iwo adjoining parking meter spaces when coins shall have been deposited in the parking meter (or each space so occupied as is required for the parking of other vehicles in such spaces. P<m"n<n( NEW SEcnON WAC 3O8-330-ólO Parking meters-Deposit of coins and time limits. (I) No person shall park a vehicle in any parking meter space alongside of and next to which a parking meter Þas been installed during the restricted and regulated time applicable to the parking meter zone in which such meter is located unless a United States coin or coins of the appropriate denomination as indicated on the parking meter shall have been deposited therein, or shall have been previously deposited therein for an unexpired interval of lime, and said meter has been placed in operation. (2) No person shall permit a vehicle within hislher control to be parked in any parking meter space during the restricted and regulated lime applicable to the parking meter zone in which such meter is located while the parking meter for such space indicates by sign.al that the lawful parking...... time in such space has expired. This provision shall not apply to the act of parking or the necessary time which is required to deposit immediately thereafter a coin or coins in such meter. (3) No person shall park a vehicle in any parking meter space for a consecutive period of time longer than that limited period of time for which parking is lawfully pennit- led in the parking meter zone in which such meter is located, iITCSpcctive of the number or amounts of the coins deposited in such meter. (4) The provisions of this section shall not relieve any person from Ihe duty to observe other and more restrictive provisions of this chapter prohibiting or limiting the stop- ping, slanding, or parking of vehicles in specified places or at specified times. . 4 NEW SEmON WAC 308-330-620 Parking meters-Use of slugs prohibited. No person shall deposit or attempt to deposit in any parking meter any bent coin, slug, button, or any other device or substance as substitutes for United Slates coins. NEW SECTION WAC 308-330-630 Tampering with parking meter. No person shall deface, injure, tamper with, open, or wilfully break, destroy, or impair the usefulness of any parking meter. NEW SEmON WAC 308-330-640 Parking meters-Rule o( evi- dence. The parking or slanding of any motor vehicle in a parking space, at which space the parking meter displays the sign or signal indicating illegal parking, shall constitute a prima facie presumption that the vehicle has been parked or allowed to stand in such space (or a period longer than penniIted by this chapter. NEW SECTION WAC 308-330-650 Parking meters-Application o( proceeds. (I) The coins required to be deposiled in parking .. melars arc levied and assessed as fees to cover the regulation ,. and control of parking upon highways, the costs of parking meIers, their installation. inspoetion. supervision, operation, (358 I VVaslungto" "'tate «eglSler, Issue ~q-Ul VV:>l{ 94-01-082. r~air, and maintenance, control ant - of parking spaces, Police officers find{~ .uch hood in use shall investigate the and regulating the parking of vehicles in parking meter use being made thereof, and if it is found in violation of this zones; and the costs of acquiring, establishing. improving, section shall report the facts to the chief of police. maintaining, and operating public off-stm:t parking facililies. (7) Any pennit issued under this sectio" shall, unless (2) The coins .deposited in parking meters shall be revoked, be valid for a period of one year. collected by the duly authorized agents of the local authority (8) The pennittee shall also pay a deposit in an amount and shall be deposited by them as directed by the local prescribed by the local authority at the time of issuance of authority. the hood, padlock. and keys, which shall remain the propeny (3) The local authority shall pay from the moneys of the local authorily. In case a hood, a padlock, or key collected from parking meters the costs for any parking becomes lost or destroyed or so defaced that it is no longec meters purchased and installed as provided herein, and usable, the pennittee shall forfeit deposit. expcRses inculTed for their installation, inspection, service, supervision, repair, and maintenance, for making collections from such parking meters, and for the enforcement o( provisions herein applicable to parfång meter zones. The net proceeds derived from the operation of parking meters after the paymentof.such costs and expenses, may be used for parking studies and for the acquisition, establishment, improvement, maintenance, and operation of public off-street parking facilities. (. NEW SECITON WAC 308-330-660 Service parking. The chief of police is aulhorized 10 issue a pennit for service parking upon payment of the fee prescribed by the local authority and upon the following conditions: (I) Application shall be made to the chief of police on such forms as the chief of police shall prescribe. The applicant shall set forth the applicant's business and the . .. _necessity for such pennit. The chief of police shall investi- gate the facts as necessary. (2) If it appears that a necessity exists, the chief of police may authorize the issuance of such pennit under the conditions prescribed in this section. (3) Upon issuance of the pennit, the pennittee shall be issued a hood 10 use in covering any parking meter. As many hoods .may be issued upon payment of the prescribed fee as the chief of police deems necessary or convenient for the applicant. The hood shall be provided with a padlock, low keys, and an identification card attached with a blank space thereon. (4) Upon entering any parking meter space available, the pennittee shall place Ihe hood over the parking meter and lock the same and shall indicale in such blank space the exacI place where the service work is being rendered. (5) The permitlee shall not place the hood over any meter when the space is occupied by another vehicle, and shall before vacating the spaC(: at the conclusion of the work remove the hood. The hood shall not be allowed to remain in place for over one hour when the space is not occupied by an authorized vehicle, nor shall it be allowed to remain in place after 6:00 p.m. on any weekday or on any Sunday or holiday. It shall not be used during hours when parking or stopping in the parking meter space is prohibited. No vehicle licensed as a passenger car shall be parked in the space covered by the hooded parking meter. (6) The chief of police may revoke any pennit if the & service parking hood is used for any putpOse other than thaI .,..-- luthorized in this section or for any violation of this chapter. Upon revocalion, the hood shall immediately be returned 10 the police departmenl and all fees paid shall be forfeited. NEW SECITON WAC 308-330-700 RCW sections adopted-Disposi- tion of tråffic infractions. The following sections of the Revised Code of Washington (RCW) pertaining to the disposition of traffic infractiòns as now or hcreafkr amendcil.' are hereby adopted by such reference as a part of this chapler in all respects as though such sections were set forth herein in full: RCW 46.63.010, 46.63.020, 46.63.030. 46.63.040, 46.63.060, 46.63.070, 46.63.080, 46.63.090, 46.63.100,46.63.110,46.63.120.46.63.130,46.63.140. and 46.63.151. NEW SECITON WAC 308-330-705 RCW seCtions adopted-Enforœ- ment. The following sections of the Revised Code of Washinglon (RCW) pertaining to traffic enforcement agencies as now or hereafter amended arc hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.64.010, 46.64.015,46.64.025,46.64.030,46.64.035,46.64.048, and 46.64.050. NEW SECITON WAC 308-330-710 Penalties. Unless another penalty is expressly provided by law, any person found to have committed an act designated a traffic infraction under the provisions of Ihese rules shall be punished by a penalty of not more than two hundred fifty dollars. NEW SECTION WAC 308-330-720 Citation on illegally parked vehicle. Whenever any motor vehicle without driver is found parked, sIanding, or stopped in violation of this chapter, the officer finding such vehicle shall take its registralion number and may take any other infonnation displayed on the vehicle which may identify its user, a.nd shall conspicuously affix to such velúclc a traffic citation. NEW SECITON WAC 308-330-730 Failure to comply with traffic citation attached to parked vehicle. If a violator of any provision of this chapter on stopping, standing, or parking docs not appear in respOnse to a traffic citation affIXed to such motor vehicle within a period of five days, the cleric of the traffic court shall send to the owner of the motor vclùcle 10 which (he traffic cilation was affi¡ced a leIIer infonning him/her of (he violation and warning him/her that in the (359 I PcnTI...cnl WSR 94'{)1'{)82 (Washington State Register, Issue 9( evenl such leller is disregarde;! for a period of five days, a NEW SECTION. . . warnnl of =1 will be issue;!. . WAC 308-330-825 RCW sections adopted LIttering. The following seclion of the Revised Cod -r Washington (RCW) pertaining to littering as now or h~- ter amended is hereby adopted by reference as a part of this chapter in all respects as though such section Were set forth herein in full: RCW 70.93.060. NEW SEcnON WAC 308-330-740 Presumption ill reference to mega! parking. (I) In any i'rosccution charging a violation of any law or regulation govc:ming !he stopping. standing, or parking of a vehicle, proof that lhe particular vehicle desaibed in the complainl was Slopping, standing, or parldng in violation of any such law or regulation, together with proof that !he defendanI named in !he complaint was at the time of such violation, !he registered owner of such vehicle, shall constitute in evidence a prima (acie presumption !hal the registered owner of such vehicle was the person who parked or placed such vehicle at !he point where, and for the time during which, such violation occurred. (2) The foregoing stated presumption shall apply only when !he procedure as p=rlbed in WAC 308-330-720 and 308-330-730 has been followed. NEW SECTION WAC 308-330-S00 RCW sections adopted-Traffic control devices. The following seclions of the Revised Code o( Washington (RCW) pertaining to traffic control devices as now or hereafter amended arc hereby adopted by reference as a part of this chapler in all respects as though such sections were set fOM herein in full: RCW 47.36.060, 47.36.110,47.36.180,47.36.200, and 47.36.220. NEW SECTION WAC 308-330-810 RCW sections adopted-Limited access facilities. The following sections of the Revised Code of Washington (RCW) pertaining to limited access facilities as now or hereafter amended are hereby adopted by reference as a part of tlús chapter in all respects as though such sections were set foM herein in full: RCW 47.52.010, 47.52.011,47.52.040,47.52.110, and 47.52.120. NEW SEcnON WAC 308-330-815 RCW sections adopted- Alcoholic beverage control. The following sections of the Revised Code of Washington (RCW) pertaining to drinking in public conveyance as now or hereafler amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set fOM herein in full: RCW 66.44.240 and 66.44.250. NEW SECTION WAC 3O8-330-S20 RCW sections adopted-Guide and service dogs. The following sections of !he Revised Code of Waslûngton (RCW) pertaining to guide and service dogs as now or hereafter amended are hereby adopted by reference as a part of tlús chapter in all respects as !hough such sections were set foM herein in full: RCW 70.84.020, 70.84.021, and 70.84.040. Pe"","ent ,. .. NEW SEcnON WAC 308-330-910 Uniformity of interpretation This chapter shall be so interpreted and construed as t~ effectuate Its general purpose to make uniform the laws of those local authorities which enact iL [360 )