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ORD 92-25 MODEL TRAFFIC ORDINANCE ORDINANCE NO. 92- 25 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to the Model Traffic Ordinance; amending Chapter 10.04 of the Bainbridge Island Municipal Code. WHEREAS, the City Council desires to adopt the Washington Model Traffic Ordinance as the City's traffic ordinance; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN as follows: Section 1. Chapter 10.04 of the Bainbridge Island Municipal Code is amended as follows: 10.04.010 Adoption by reference. The "Washington Model Traffic Ordinance," Chapter 46.90 RCW, referred to in this chapter as the "MTO," and RCW 46.29.610, 46.29.620, 46.61.517, 46.61.520, and 47.36.130 are adopted by reference as and for the traffic ordinance of this City as if set forth in full herein, except as provided in Section 10.04.020. 10.04.020 Sections not adopted. The following sections of the MTO are not adopted by reference and are expressly deleted: 46.90.142 46.90.525 46.90.145 46.90.530 46.90.148 46.90.535 46.90.172 46.90.540 46.90.250 46.90.600 46.90.255 46.90.610 46.90.500 46.90.620 46.90.505 46.90.630 46.90.5 10 46.90.640 46.90.515 46.90.650 46.90.520 46.90.660 10.04.030 Filing of ordinance. Copies of the text of the adopted MTO and of other adopted statutes shall be filed as required by RCW 35A. 12.140 for use and examination by the public. 10.04.040 Definition of public highway. In RCW 46.20.308, "public highway" shall be deemed to include public and private lots, alleys, and the ways around service stations which are available to the public for vehicular travel or parking. 10.04.050 Disposition of traffic fines and forfeitures. All fines or forfeitures collected upon conviction or upon forfeiture of bail of any person charged with a violation of any of the provisions of this chapter shall be paid in the general fund of the City. 10.04.060 Official misconduct. Failure, refusal, or neglect on the part of any judicial or other officer or employee receiving or having custody of any such fine or forfeiture of bail, either before or after a deposit in said general fund, to comply with the provision of Section 10.04.070 shall constitute misconduct in office and shall be grounds for removal action is taken pursuant to state law relating to removal of public officials. 10.04.070 Violation - Penalty. A. Any person found to have committed an act designated a traffic infraction under the provisions of Title 46 RCW, as adopted by reference in this chapter, shall be punished by a fine of not more than two hundred fifty dollars. B. Unless another penalty is expressly provided by law in the MTO or in the statutes that are adopted by reference therein any person found to have committed an act designated a misdemeanor under the provisions of Title 46 RCW, as adopted by reference in this chapter, shall be punished by a fine of not more than one thousand dollars or by imprisonment of not more than ninety days or both. C. Unless another penalty is expressly provided by law in the MTO or in the statutes that are adopted by reference therein, any person found to have committed an act designated a criminal offense other than a misdemeanor under the provisions of Title 46 RCW, as adopted by reference in this chapter, shall be punished by a fine of not more than five thousand dollars or by imprisonment of not more than one year or both. 10.04.080 Cutting corners - Prohibited. It is unlawful for any person operating a motor vehicle, which vehicle is approaching or leaving any intersection of any public roadway within the City, to proceed across any property, whether publicly or privately owned and/or maintained, for the purpose of avoiding the intersection or any traffic-control sign or device controlling the intersection, unless so directed by proper authorities. Section 2. Ordinance 81-36, Ordinance 82-09, Ordinance 82-27, Ordinance 83-14, Ordinance 85-09, Sections One and Three, Ordinance 85-16, and Ordinance 89-10, and all other ordinances or parts of ordinances in conflict with the provisions of this ordinance, are repealed. F:\DMS\RAL\0013449.01 08/12/92 - 2 - Section 3. its passage, approval, publication and posting as required by law. PASSED by the City Council this 20~h day of haqust APPROVED by the Mayor this 20~h day of ~cyast ATTEST/AUTHENTICATE: Ralph Eells, Clerk-Treasurer This ordinance shall take effect and be in force five days from and after ,1992. ,1992. APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: 8-26-92 POSTED: 8-26-92 EFFECTIVE DATE: 8-33_-92 ORDINANCE NO.: 92-25 8-14-92 8-20-92 F:\DMS\RAL\0013449.01 08/12/92 - 3 -