Chapter 3.60 TRAFFIC VIOLATIONS

No person may operate a motor vehicle on roads within the Tulalip Reservation unless the person is insured under a motor vehicle liability policy, or equivalent coverage by bond or self-insurance, with liability limits of not less than $25,000 because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, to a limit of not less than $50,000 because of bodily injury to or death of two or more persons in any one accident, and if the accident has resulted in injury to, or destruction of, property to a limit of not less than $10,000 because of injury to or destruction of property of others in any one accident. Written proof of financial responsibility for motor vehicle operation must be provided on the request of a law enforcement officer.

When asked to do so by a law enforcement officer, failure to display an insurance identification card creates a presumption that the person does not have motor vehicle insurance.

Failure to provide proof of motor vehicle insurance is a traffic infraction and is subject to penalties as set forth in this title.

§ 3.60.100 Implied consent – Suspension of driving privileges.

If a person cited for a violation of subsection (1) of this section appears in person before the Court and provides written evidence that at the time the person was cited, he or she was in compliance with the liability insurance requirements of subsection (1) of this section, the citation shall be dismissed. In lieu of personal appearance, a person cited for a violation of subsection (1) of this section may, before the date scheduled for the person’s appearance before the Court, submit by mail to the Court written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, in which case the citation shall be dismissed without cost, except that the Court may assess Court administrative costs of $25.00 at the time of dismissal.

(Ord. 49 § 6.13.9, 1-8-2010 (Res. 2010-10))

Any person who operates a motor vehicle within the jurisdiction of the Tulalip Tribes is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503.

The test or tests of breath shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle within the jurisdiction of the Tulalip Tribes while under the influence of intoxicating liquor or any drug or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration in violation of RCW 46.61.503 in his or her system and being under the age of 21. However, in those instances where the person is incapable, due to physical injury, physical incapacity, or other physical limitation, of providing a breath sample or where the person is being treated in a hospital, clinic, doctor’s office, emergency medical vehicle, ambulance, or other similar facility in which a breath testing instrument is not present or where the officer has reasonable grounds to believe that the person is under the influence of a drug, a blood test shall be administered by a qualified person as provided in RCW 46.61.506(4). The officer shall inform the person of his or her right to refuse the breath or blood test, and of his or her right to have additional tests administered by any qualified person of his or her choosing as provided in RCW 46.61.506. The officer shall warn the driver that:

His or her privilege to drive will be revoked or denied if he or she refuses to submit to the test;

His or her privilege to drive will be suspended or denied if the test is administered and the test indicates the alcohol concentration of the person’s breath or blood is 0.08 or more, in the case of a person age 21 or over, or in violation of RCW 46.61.502, 46.61.503, or 46.61.504 in the case of a person under age 21; and

His or her refusal to take the test may be used in a criminal trial.

Except as provided in this section, the test administered shall be of the breath only. If an individual is unconscious or is under arrest for the crime of vehicular homicide as provided in RCW 46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an individual is under arrest for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which arrest results from an accident in which there has been serious bodily injury to another person, a breath or blood test may be administered without the consent of the individual so arrested.

(4)

Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (1) of this section and the test or tests may be administered, subject to the provisions of RCW 46.61.506, and the person shall be deemed to have received the warnings required under subsection (2) of this section.

(5)

If, following his or her arrest and receipt of warnings under subsection (2) of this section, the person arrested refuses upon the request of a law enforcement officer to submit to a test or tests of his or her breath or blood, no test shall be given except as authorized under subsection (3) or (4) of this section.

(6)

If, after arrest and after the other applicable conditions and requirements of this section have been satisfied, a test or tests of the person’s blood or breath is administered and the test results indicate that the alcohol concentration of the person’s breath or blood is 0.08 or more if the person is age 21 or over, or is in violation of RCW 46.61.502, 46.61.503, or 46.61.504 if the person is under the age of 21, or the person refuses to submit to a test, the person’s privilege to operate a motor vehicle within the jurisdiction of the Tulalip Tribes shall be suspended or denied. The arresting officer shall notify the person of the intention to suspend the person’s driving privileges and shall transmit to the Tribal Court within 72 hours, except as delayed as the result of a blood test, a declaration or sworn report that states:

That the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle within the jurisdiction of the Tulalip Tribes while under the influence of intoxicating liquor or drugs, or both, or was under the age of 21 years and had been driving or was in actual physical control of a motor vehicle while having an alcohol concentration in violation of RCW 46.61.503;

That after receipt of the warnings required by subsection (2) of this section the person refused to submit to a test of his or her blood or breath, or a test was administered and the results indicated that the alcohol concentration of the person’s breath or blood was 0.08 or more if the person is age 21 or over, or was in violation of RCW 46.61.502, 46.61.503, or 46.61.504 if the person is under the age of 21.

(7)

The Tulalip Tribal Court, upon the receipt of a report of the law enforcement officer under subsection (6) of this section, shall suspend or deny such person’s privilege to drive within the exterior boundaries of the Tulalip Reservation for a period of six months after the date of the alleged violation, subject to review as hereinafter provided.

(8)

Upon suspending or denying the privilege to drive of any person, as hereinbefore directed in this section, the Tulalip Tribal Court shall immediately notify the person involved in writing by personal service or by registered or certified mail of its decision and the grounds therefor, and of his right to a hearing, specifying the steps he must take to obtain a hearing. The person upon receiving such notice may, in writing and within 10 days therefrom, request a formal hearing. The Tulalip Tribal Court shall schedule a hearing for a date within 30 days of receipt of the request and shall give 10 days’ notice of the hearing to the person requesting the hearing. The scope of the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this State while under the influence of intoxicating liquor or any drug or had been driving or was in actual physical control of a motor vehicle within the jurisdiction of the Tulalip Tribes while having alcohol in his or her system in a concentration in violation of RCW 46.61.503 and was under the age of 21, whether the person was placed under arrest, and:

Whether the person refused to submit to the test or tests upon request of the officer after having been informed that such refusal would result in the revocation of the person’s license, permit, or privilege to drive; or

§ 3.60.110 Occupational driver’s permit – Petition – Eligibility – Restrictions – Cancellation.

If a test or tests were administered, whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether the person submitted to the test or tests, or whether a test was administered without express consent as permitted under this section, and whether the test or tests indicated that the alcohol concentration of the person’s breath or blood was 0.08 or more if the person was age 21 or over at the time of the arrest, or was in violation of RCW 46.61.502, 46.61.503, or 46.61.504 if the person was under the age of 21 at the time of the arrest. The sworn report or declaration submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within the jurisdiction of the Tulalip Tribes while under the influence of intoxicating liquor or drugs, or both, or the person had been driving or was in actual physical control of a motor vehicle within the jurisdiction of the Tulalip Tribes while having alcohol in his or her system in a concentration in violation of RCW 46.61.503 and was under the age of 21 and that the officer complied with the requirements of this section.

The Tulalip Tribal Court shall order that the suspension or denial either be rescinded or sustained. Any decision by the Tribal Court suspending or denying a person’s driving privilege shall be stayed and shall not take effect while a formal hearing is pending or during the pendency of a subsequent appeal to the Tulalip Tribal Appellate Court.

(9)

A suspension imposed under this section, other than as a result of a breath or blood test refusal, shall be stayed if the person is accepted for deferred prosecution as provided in TTC § 2.25.110(2)(a) for the incident upon which the suspension is based. If the deferred prosecution is terminated, the stay shall be lifted and the suspension reinstated. If the deferred prosecution is completed, the stay shall be lifted and the suspension canceled.

(10)

If the suspension or denial is sustained by the Tribal Court in the formal hearing, the person whose privilege to drive is so affected shall have the right to file a Notice of Appeal with the Tulalip Tribal Court. Chapter 2.20 TTC, Appeals, shall govern any appeal that may be filed under this chapter.

(Ord. 49 § 6.13.10, 1-8-2010 (Res. 2010-10))

Any person whose privilege to drive within the exterior boundaries of the Tulalip Reservation is suspended or denied under this chapter may petition the Tribal Court for an occupational driver’s permit. The Court upon determining that the petitioner is engaged in an occupation or trade which makes it essential that the petitioner operate a motor vehicle may, in its discretion, issue a permit to drive to the petitioner and may set definite restrictions such as hours of the day, which may not exceed 12 hours in any one day, days of the week, type of occupation, areas or routes of travel permitted, or no driving if the person has been drinking.

§ 3.60.120 Notice to Tribal Police Department.

The Tribal Court may cancel an occupational driver’s permit upon receipt of notice that the holder has operated a motor vehicle in violation of its restrictions or upon notice of the commission of an alcohol-related driving offense.

(Ord. 49 § 6.13.11, 1-8-2010 (Res. 2010-10))

The Tribal Court shall notify the Tribal Police Department in writing of any suspension or denial of driving privileges within the boundaries of the Tulalip Reservation and of any occupational permits issued by the Court and restrictions placed upon such occupational permit.

(Ord. 49 § 6.13.12, 1-8-2010 (Res. 2010-10))

§ 3.60.130 Infraction – What constitutes.

Failure to perform any act required or the performance of any act prohibited by the laws incorporated by TTC § 3.60.010 is designated a traffic infraction and may not be classified as a criminal offense except for the following provisions of the Revised Code of Washington incorporated by reference in TTC § 3.60.010:

RCW 46.09.470(2) relating to the operation of a nonhighway vehicle while under the influence;

RCW 46.09.480 relating to operation of nonhighway vehicles;

§ 3.60.150 Traffic infraction procedure.

RCW 46.52.010 relating to hitting or striking an unattended car or other property;

(4)

RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

(5)

RCW 46.61.015 relating to obedience to police officers, flagmen, or firefighters;

(6)

RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

(7)

RCW 46.61.022 relating to failure to stop and give identification to an officer;

(8)

RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

(9)

RCW 46.61.500 relating to reckless driving;

(10)

RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

(11)

RCW 46.61.503 relating to a person under age 21 driving a motor vehicle after consuming alcohol;

(12)

RCW 46.61.520 relating to vehicular homicide by motor vehicle;

(13)

RCW 46.61.522 relating to vehicular assault;

(14)

RCW 46.61.527(4) relating to reckless endangerment of roadway workers;

(15)

RCW 46.61.530 relating to racing of vehicles on highways;

(16)

RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running.

(Ord. 49 § 6.13.13, 1-8-2010 (Res. 2010-10); Res. 2017-224)

§ 3.60.140 Criminal penalties.

The penalties imposed by the Tribal Court for criminal traffic violations shall be those set forth in the above-referenced sections of the Revised Code of Washington, except that no Tribal Court penalty may exceed three years jail time or a fine of $15,000, or both. In addition to any other penalties imposed on a person convicted of a traffic offense, the Court may prohibit or set restrictions on the operation of a vehicle by such person on any road within the jurisdiction of the Tulalip Tribes for a period not to exceed one year, or may utilize the provisions for the suspension or revocation of driver’s licenses under the laws of the jurisdiction issuing such license.

(Ord. 49 § 6.13.14, 1-8-2010 (Res. 2010-10); Res. 2024-423)

Chapter 2.50 TTC shall govern infractions issued under this chapter.

(Ord. 49 § 6.13.15, 1-8-2010 (Res. 2010-10); Res. 2017-131)

§ 3.60.160 Monetary deterrent schedule for infractions.

The penalty for any traffic infraction not listed below shall be $100.00, except for infractions in which a specific penalty or fine amount is provided in other sections of this code. The Court may impose on a defendant a lesser penalty in an individual case.

Equipment (Chapter 46.37 RCW).

Illegal use of emergency equipment, RCW 46.37.190, $100.00;

Defective or modified exhaust system, mufflers, prevention of noise and smoke, RCW 46.37.390(1) and (3).

(A)

First offense, $100.00;

(B)

Second offense within one year, $150.00;

(C)

Third and subsequent within one year, $200.00;

All other Chapter 46.37 RCW equipment infractions, $100.00;

Rules of the Road (Chapter 46.61 RCW).

Failure to stop, RCW 46.61.050 and 46.61.210, $100.00;

Failure to yield right-of-way, RCW 46.61.180, 46.61.185, 46.61.190, 46.61.205, 46.61.210, 46.61.235, 46.61.300, and 46.61.365, $100.00;

Following too close, RCW 46.61.145 and 46.61.635, $100.00;

Failure to signal, RCW 46.61.310, $100.00;

(v)

Improper lane usage or travel, RCW 46.61.140, $100.00;

(vi)

Impeding traffic, RCW 46.61.435, $100.00;

(vii)

Improper passing, RCW 46.61.110, 46.61.115, 46.61.120, 46.61.125, and 46.61.130, $100.00;

(viii)

Prohibited and improper turn, RCW 46.61.290, 46.61.295, and 46.61.305, $100.00;

(ix)

Crossing double yellow line left of center, RCW 46.61.100, 46.61.130, and 46.61.140, $100.00;

(x)

Operating with obstructed vision, RCW 46.61.615, $100.00;

(xi)

Wrong way on one-way street, $100.00;

(xii)

Failure to comply with restrictive signs, RCW 46.61.050, $150.00;

Speeding (RCW 46.61.400).

If speed limit is over 40 mph:

(A)

One to five mph over limit, $75.00;

(B)

Six to 10 mph over limit, $100.00;

(C)

Eleven to 15 mph over limit, $125.00;

(D)

Sixteen to 20 mph over limit, $150.00;

(E)

Twenty-one to 25 mph over limit, $175.00;

(F)

Twenty-six to 30 mph over limit, $200.00;

(G)

Thirty-one to 35 mph over limit, $225.00;

(H)

Thirty-six to 40 mph over limit, $275.00;

(I)

Over 40 mph over limit, $325.00;

If speed limit is 40 mph or less:

(A)

One to five mph over limit, $75.00;

(B)

Six to 10 mph over limit, $100.00;

(C)

Eleven to 15 mph over limit, $125.00;

(D)

Sixteen to 20 mph over limit, $150.00;

(E)

Twenty-one to 25 mph over limit, $200.00;

(F)

Twenty-six to 30 mph over limit, $225.00;

(G)

Thirty-one to 35 mph over limit, $275.00;

(H)

Over 35 mph over limit, $325.00;

Speed too fast for conditions, RCW 46.61.400(1), $100.00;

Speeding in a school zone, RCW 46.61.440, $200.00;

(d)

Serious Infractions.

Wrong way on freeway, RCW 46.61.150, $300.00;

Wrong way on freeway access, RCW 46.61.155, $150.00;

Backing on limited access highway, RCW 46.61.605, $100.00;

Spilling for failure to secure load, RCW 46.61.655, $100.00;

(v)

Throwing or depositing debris on highway, RCW 46.61.645, $100.00;

(vi)

Disobeying school patrol, RCW 46.61.385, $100.00;

(vii)

Passing stopped school bus with red lights flashing, RCW 46.61.370, $250.00;

(viii)

Violation of posted road restriction, RCW 46.44.080 and 46.44.105(4), $100.00;

(ix)

Driving while suspended or revoked, TTC § 3.60.060, $400.00;

(x)

Negligent driving, TTC § 3.60.070, $250.00;

(xi)

Failure to possess liability insurance, TTC § 3.60.090, $250.00;

(e)

Parking.

Illegal parking on roadway, RCW 46.61.560, $50.00;

Parking in any prohibited place, RCW 46.61.570, $25.00;

Any other parking infraction, $25.00;

Violations of RCW 46.19.050, related to disability parking spaces and permits, $250.00. For second or subsequent violations of this section, the Court may also impose community service that may sensitize the violator to the needs of and obstacles faced by persons with disabilities;

(f)

Pedestrians. Any infraction regarding pedestrians, $50.00;

(g)

Bicycles. Any infraction regarding bicycles, $50.00;

(h)

All other unlisted infractions, $100.00;

If an accident occurs with any of the above-listed infractions or speed too fast for conditions, the penalty for the infraction shall be a minimum of $200.00.

The Court may defer any fine at its discretion.

§ 3.60.170 Tribal driver improvement program.

Any collection costs will be the responsibility of the defendant in addition to the imposed fines.

(Ord. 49 § 6.13.16, 1-8-2010 (Res. 2010-10); Res. 2014-126; Res. 2018-236)

Nothing in this chapter shall prohibit the Tribes from developing and instituting their own driver improvement program to allow for reinstatement of driving privileges for Tribal members.

(Ord. 49 § 6.13.17, 1-8-2010 (Res. 2010-10))

§ 3.60.180 Impoundment.

Tulalip law enforcement officers shall have the authority to impound any vehicle on the Reservation that causes a public safety hazard or if the operator of the vehicle is in violation of a criminal offense.

Any vehicle, watercraft, camper, or any component part thereof from which the manufacturer’s serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered, obliterated, or destroyed may be impounded and held by the Police Department for the purpose of conducting an investigation to determine the identity of the article or articles, and to determine whether it had been reported stolen.

Within five days of the impounding of any vehicle, watercraft, camper, or component part thereof, pursuant to this subsection, the Police Department shall send written notice of such impoundment by certified mail to all persons known to the agency as claiming an interest in the article or articles. The Police Department shall exercise reasonable diligence in ascertaining the names and addresses of those persons claiming an interest in the article or articles. Such notice shall advise the person of the fact of seizure, the possible disposition of the article or articles, the requirement of filing a written claim requesting notification of potential disposition, and the right of the person to request a hearing to establish a claim of ownership. Within five days of receiving notice of other persons claiming an interest in the article or articles, the Police Department shall send a like notice to each such person.

If reported as stolen, the Police Department shall promptly release such vehicle, watercraft, camper, or parts thereof as have been stolen to the person who is the lawful owner or the lawful successor in interest, upon receiving proof that such person presently owns or has a lawful right to the possession of the article or articles.

§ 3.60.181 Appointments for towing and storage.

In all cases of impoundment, the registered owner of the vehicle, watercraft, camper, or any component part thereof shall be responsible for all costs relating to impoundment, and the procedures governing traffic infraction appeals shall govern appeals challenging payment of vehicle impoundment costs.

(Ord. 49 § 6.13.18, 1-8-2010 (Res. 2010-10); Res. 2016-462)

The Tulalip Tribes Chief of Police may enter into letters of appointment with towing companies to provide towing and storage services on request of the Tulalip Police Department. Such appointments shall be at no cost to the Tulalip Tribes and shall provide that the towing company may recover the costs of towing and storage only from the person seeking to redeem the impounded vehicle, and that the Tulalip Tribes shall not be responsible for payment of such costs except upon order of the Tulalip Tribal Court. The Chief of Police may specify that towing services obtained by the Tulalip Police Department will be on a rotational or other basis. The Chief of Police may specify the rates appointed towing companies may charge persons seeking to redeem impounded vehicles for towing and storage services provided pursuant to this chapter.

(Res. 2013-503)

§ 3.60.182 Additional towing company duties and records.

Each appointed towing company, in addition to fully complying with the standards set by the Tulalip Police Department, must:

File its towing and storage rates with the Tulalip Police Department;

§ 3.60.200 Mandatory booking of repeat DUI offenders.

Maintain all vehicle transaction files for three years.

(Res. 2013-503)

§ 3.60.183 Standards.

The Chief of Police is authorized and directed to adopt standards, subject to approval by the Tulalip Board of Directors, that carry out the provisions and intent of this chapter. Appointed towing companies are required to comply with such standards.

(Res. 2013-503)

A police officer shall arrest and keep in custody, until release by a judicial officer on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that the person has violated RCW 46.61.502 or 46.61.504, as incorporated by this chapter, and the police officer:

Has knowledge that the person has a prior offense within 10 years; or

Has knowledge, based on a review of the information available to the officer at the time of arrest, that the person is charged with or is awaiting arraignment for an offense that would qualify as a prior offense if it were a conviction.

As used in this section, a “prior offense” is:

A conviction for a violation of TTC § 8.05.230 or any violation of this chapter that involved the use of alcohol. A deferred prosecution granted or deferred sentence imposed in a prosecution for a violation of any offense covered in this subsection shall count as a conviction for the purposes of this section.

Any offense that would qualify as a prior offense under RCW 46.61.5055(14).