The following sections of the MTO are not adopted by reference and are expressly deleted:
WAC 308-330-250 | Police department to administer bicycle licenses. |
WAC 308-330-275 | Traffic safety commission – Powers and duties. |
WAC 308-330-500 | Bicycle license required. |
WAC 308-330-505 | Bicycle license application. |
WAC 308-330-510 | Issuance of bicycle license. |
WAC 308-330-515 | Attachment of bicycle license plate or decal. |
WAC 308-330-520 | Inspection of bicycles. |
WAC 308-330-525 | Renewal of bicycle licenses. |
WAC 308-330-530 | Bicycle transfer of ownership. |
WAC 308-330-535 | Bicycle rental agencies. |
WAC 308-330-540 | Bicycle dealers. |
WAC 308-330-560 | Bicycle penalties. |
(Ord. 70 § 2, 1996)
A.
WAC 308-330-406 is amended to read as follows:
WAC 308-330-406 RCW sections adopted – Abandoned, unauthorized, and junk vehicle tow truck operators. |
The following sections of the Revised Code of Washington (RCW) pertaining to abandoned, unauthorized, and junk vehicle tow truck operators as now or hereafter 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 46.55.020 | Registration required – Penalty. |
RCW 46.55.025 | Registration or insurance required—Penalty. |
RCW 46.55.035 | Prohibited acts—Penalty. |
RCW 46.55.037 | Compensation for private impounds. |
RCW 46.55.040 | Permit required—Inspections of equipment and facilities. |
RCW 46.55.050 | Classification of trucks—Marking requirements—Time and place of inspection—Penalty. |
RCW 46.55.060 | Business location—Requirements. |
RCW 46.55.063 | Fees, schedules, contracts, invoices. |
RCW 46.55.070 | Posting requirements—Exception. |
RCW 46.55.075 | Law enforcement impound—Required form, procedures. |
RCW 46.55.080 | Law enforcement impound, private impound—Master log—Certain associations restricted. |
RCW 46.55.085 | Law enforcement impound—Unauthorized vehicle in right-of-way. |
RCW 46.55.090 | Storage, return requirements—Vehicles, personal belongings—Combination endorsement for tow truck drivers—Viewing impounded vehicle. |
RCW 46.55.100 | Impound notice—Abandoned vehicle report—Owner information, liability—Disposition report. |
RCW 46.55.105 | Responsibility of registered owner—Buyer and seller remedies. |
RCW 46.55.110 | Notice to legal and registered owners. |
RCW 46.55.130 | Notice requirements—Public auction—Accumulation of storage charges. |
RCW 46.55.140 | Operator's lien, deficiency claim, liability. |
RCW 46.55.150 | Vehicle transaction file. |
RCW 46.55.160 | Availability of records, equipment, and facilities for audit and inspection. |
RCW 46.55.170 | Complaints, where forwarded. |
RCW 46.55.230 | Junk vehicles—Removal, disposal, sale—Penalties—Cleanup restitution payment. |
RCW 46.55.240 | Local ordinances – Requirements. |
B.
RCW 46.55.010, Towing and Impoundment: Definitions, is adopted in full with the following amendments to subsections (5) and (14):
(5) “Junk vehicle” means a vehicle certified under RCW 46.55.230 as meeting at least three of the following requirements: |
a) Is three years old or older; |
b) Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield, or missing wheels, tires, motor, or transmission; |
c) Is apparently inoperable including a condition which makes the vehicle incapable of being operated legally on a public highway; |
d) Has an approximate fair market value equal only to the approximate value of the scrap in it. |
(14) “Unauthorized vehicle” means a vehicle that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time: |
Subject to removal after: | |
|---|---|
a. Public locations: | |
i. Constituting an accident or a traffic hazard as defined in RCW 46.55.113 | Immediately |
ii. On a highway and tagged as described in RCW 46.55.085 | 24 hours |
iii. In a publicly owned or controlled parking facility, properly posted under RCW 46.55.070 | Immediately |
iv. Vehicles used for human habitation under RCW 46.61.570(5) as adopted in subsection E of this section | 24 hours |
24 hours | |
b. Private locations: | |
i. On residential property | Immediately |
ii. On private, nonresidential property, properly posted under RCW 46.55.070 | Immediately |
iii. On private, non-residential property, not posted | 24 hours |
C.
RCW 46.55.113, Towing and Impoundment: Removal by police officer – Definition, is adopted in full with the following amendment to subsection (2):
(2) In addition, a police officer may take custody of a vehicle, at their discretion, and provide for its prompt removal to a place of safety under any of the following circumstances: |
(a) Whenever a police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway; |
(b) Whenever a police officer finds a vehicle unattended upon a highway where the vehicle constitutes an obstruction to traffic or jeopardizes public safety; |
(c) Whenever a police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property; |
(d) Whenever the driver of a vehicle is arrested and taken into custody by a police officer; |
(e) Whenever a police officer discovers a vehicle that the officer determines to be a stolen vehicle; |
(f) Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property; |
(g) Upon determining that a person is operating a motor vehicle without a valid driver’s license in violation of RCW 46.20.005 or with a license that has been expired for ninety days or more; |
(h) When a vehicle is illegally occupying a truck, commercial loading zone, restricted parking zone, bus, loading, hooded-meter, taxi, street construction or maintenance, or other similar zone where, by order of the director of transportation or chiefs of police or fire or their designees, parking is limited to designated classes of vehicles or is prohibited during certain hours, on designated days or at all times, if the zone has been established with signage for at least twenty-four hours and where the vehicle is interfering with the proper and intended use of the zone. Signage must give notice to the public that a vehicle will be removed if illegally parked in the zone; |
(i) When a vehicle with an expired registration of more than forty-five days is parked on a public street; or |
(j) When the vehicle is a junk vehicle and is parked, wholly or partially, on a public right-of-way. |
D.
WAC 308-330-462 is amended to read as follows:
WAC 308-330-462 RCW sections adopted – Stopping, standing, and parking. |
The following sections of the Revised Code of Washington (RCW) pertaining to vehicle stopping, standing, and parking as now or hereafter 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 46.08.185 | Electric vehicle charge stations – Signage – Penalty. |
RCW 46.61.560 | Stopping, standing, or parking outside business or residence districts. |
RCW 46.61.575 | Additional parking regulations. |
RCW 46.61.581 | Parking spaces for persons with disabilities—Indication, access—Failure, penalty. |
RCW 46.61.582 | Free parking for persons with disabilities—Exceptions. |
RCW 46.61.583 | Special plate or card issued by another jurisdiction. |
RCW 46.61.585 | Winter recreational parking areas—Special permit required. |
RCW 46.61.587 | Winter recreational parking areas—Penalty. |
RCW 46.61.590 | Unattended motor vehicle—Removal from highway. |
E.
RCW 46.61.570, Rules of the Road: Stopping, standing, or parking prohibited in specified places – Reserving portion of highway prohibited, is adopted in full with the following amendment to subsection (1)(a) and adding a new subsection, subsection (5):
(1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: |
(a) Stop, stand, or park a vehicle: |
(i) On the roadway side of any vehicle stopped or parked at the edge or curb of a street; |
(ii) On a sidewalk or street planting strip; |
(iii) Within an intersection; |
(iv) On a crosswalk; |
(v) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless official signs or markings indicate a different no-parking area opposite the ends of a safety zone; |
(vi) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; |
(vii) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; |
(viii) On any railroad tracks; |
(ix) In the area between roadways of a divided highway including crossovers; |
(x) At any place where official signs prohibit stopping or parking; |
(xi) On public right-of-way unless said vehicle displays current and valid registration tabs properly mounted in accordance with RCW 46.16A.030; |
(xiii) Park a commercial vehicle which is more than 80 inches wide overall on any arterial, street or alley in residentially zoned areas as defined in SMC Chapter 20.40, Subchapter 1 or on streets or arterials abutting residentally zoned areas between the hours of midnight and six a.m.; |
(xiv) Directly adjacent to a curbside, next to clearly visible residential mail boxes between 10:00 a.m. and 3:00 p.m. on any day of scheduled mail delivery by the United States Postal Service; |
(xv) In public locations under circumstances which constitute an unauthorized vehicle; |
(xvi) Within a bicycle lane, which is that portion of the paved section of the roadway designated by official signs or markings by the city for the movement of bicycles on the roadway; |
(xvii) Within a transit priority lane designated by official signs or markings by the city as a bus only lane except to execute a right turn or to yield to emergency vehicles; or |
(xviii) Within a dedicated turn lane, which is that portion of the paved section of the roadway designated by official signs or markings by the city for the purpose of making a right or left turn at an intersection or to a side road; and |
(5) It shall be unlawful to use a vehicle for human habitation on or in any public right-of-way or parking area. “Human habitation” means the use of a vehicle for sleeping, setting up house-keeping or cooking. |
(Ord. 391 § 2, 2005; Ord. 399 § 1, 2005; Ord. 557 § 2, 2009; Ord. 585 § 4 (Exh. C), 2010; Ord. 803 § 1, 2017; Ord. 889 § 1 (Exh. A § A), 2020)
Except for parking infractions under RCW 46.19.050, any person found to be in violation of any provision of this chapter shall be deemed to have committed a parking infraction and for each such violation shall be subject to a monetary penalty in the amount of $50.00.
Any person having been assessed a monetary penalty under this chapter shall pay that penalty in the time provided on the infraction citation/ticket or seek a hearing contesting the infraction. If the penalty is not paid in the time afforded, a $25.00 delinquency penalty shall be assessed.
(Ord. 557 § 1, 2009; Ord. 889 § 1 (Exh. A §§ B, C), 2020)