ORD 63-133 REGULATING MOTOR VEHICLESCRDIN~NCE NO. 133
An ORDINANCE relating to and Regulating Motor Vehicles, Traffic,
Travel, and Transportation and Their Incidents upon the Public Streets,
Bicycle Pat/~s, and Other Ways Open to ~he Public; Prescribing the
Powers and Duties of Officers and Others in Relation Thereto; Defining
Offenses; Providing Penalties, and Repealing Ordinance No. 7, and ALL
Amendments Thereof, and All Other Ordinances and Sections of Ordinances
Insofar as They Are in Conflict Therewith.
BE IT ORDAINED BY THE TOWN OF WINSLOW.. WASHINGTON, AS FOLLOWS:
ARTICLE I: WORDS AND PHRASES DEFINED
Section 1. Defenition of v~rds and phrases. The following
words and phrases when used in this ordinance shall for the purpose
of this ordinance have the meanings respectively ascribed to them in
this article, unless where used the context thereof shall clearly
indicate the contrary.
Subdivision I. Vehicles, Traffic, etc. Defined
Section 2. Right-of-way. The privi]ege of the immediate
use of the roadway.
Section 3. (a) _Stop... W~en required, means complete cessa-
tion of movement.
(b) Stop, stopping, or standing. When prohibited, means any
stopping or standing of a vehicle whether occupied or not, except
when necessary to avoid conflict with other traffic or in compliance
with the directions of a police officer or traffic-control sign or
signal.
(c) Park. When prohibited means the standing of a vehicle,
whether occup~d or not, otherwise than temporarily for the purpose
of and while actually engaged in loading or unloading.
Section 4. Official Time StandArd. Whenever certain hours
are named herein, they shall mean standard time or daylight-saving
time as may be in current use in this town.
Subdivision II. Persons, etc. Defined
Section 5. (a) Police Officer. Every officer of ~he mun-
icipal police department or any officer, including the Town Marshal
and his authorized deputies, authorized to direct or ~'egulate traffic
or to make arrests for violations of traffic regulations-.
(b) Traffic division. The traffic division of the police
department of this town, or in the event a traffic division is not
established, then said term, whenever used herein, shall be deemed
to refer to the police department or town marshal of this town.
Subdivision III. Streets, etc. Befimed
Section 6. (a) Curb loading zone. A space adjacent to a
curb reserved for the exclusive use of vehicles during the loading
or unloading of passengers or materials.
(b) Passenger curb load~n zone. A place adjacmt to a curb
reserved for the exclusive use o~ vehicles during the loading or
unloaH~ng of passengers.
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(c) Freight curb loading zone. A space adjacent to a curb
for the exclusive use of vehicles during the loading or unloading
of f~."e~ g~,.t.
Sect-ion 7. Central district. All streets and portions of
streets ~,~t. hin the area described as follo~w: All that area bounded
by ~3~inslow i;~y between ~adison Avenue and Ferncliff Avenue.
ARTICLE II. ~MFORCE~.~ENT AND OBEDIN~CE TO TPj~FIC REGULATIONS
Section 8. Authority of police and fire department officials.
(a) It shall be the duty of the officers of the police department or
such officers as are assigned by the chief of police or town marshal
to enforce this traffic ordinance.
(b) Officers of the police department or such officers as
are assignedby the chief of police or town marshal are hereby author-
ized to direct all traffic by voice, hand, or signal in conformance
with traffic laws, provided that, in the event of a fire or other
emergency or to expedite traffic or to safeguard pedestrians, officers
of the police department may direct traffic as conditions may require
notwithstanding the provisions of the traffic laws.
(c) Officers or members of the fire department, when at the
scene of a fire, may direct or assist the police in directing traffic
thereat or in the i~diate vicinity.
Section9. Requi~ed obedience to traffic ordinance. It
is unlawful for any person to do any act forbidden or fail to perform
any act reqUired in kbis ordinance.
Section 10. Obedience to police and fire department officials~
No person shall w~llfully fail or refuse to comply with any lawful
order or direction of a police officer or fire department official.
Section 11. Use of coasters, roller skate~, and similar
devices restricted. No person upon roller skates, or riding in or
by means of any coaster~ toy v~hicle, or similar device, shall go
upon any roa~vay except ~vhile crossing a street on a crosswalk and
when so crossing, such person shall be CTanted all of the rights and
shall be subject to all of the duties applicable to pedestrians.
This section shall not apply upon any street while set aside ~s ~
play street as authorized by ordinance of this town.
Section 12. Authorized ~erZency~ehicles. (a) The driver
of an authorized emergency vehicle, when responding to an emergency
call or when in the pursuit of an actual or suspected'violator of
the law or ~en responding to but not upon returning from a fire
alarm, may exer6ise the privileges set forth in this section, but
subject to the conditions herein stated.
(b) The driver of an authorized emergency vehicle may:
1. Park or stand, irrespective of the provisions of
this ordinance, or ordinance 127 and ordinance 128~
2. Proceed past ared or stop signal or stop sign, but
only after slowing down as may be necessary for safe operation;
3. ~xceed the speed limits prescribed herein so long
as he does not endanger life or property;
4. Disregard regulations governing direction of move-
ment or turning in specified directions.
(c) The exemptions herein ~ranted to an authorized emergency
vehicle shall apply only when the driver of any said vehicle while in
motion sounds audible signal by bell, siren, or exhaust whistle as
may be reasonably necessary, andwhen the vehicle is equipped with
at least one lighted lamp displaying a red light visible under normal
atmospheric conditions from a distance of 500 feet to the front of
such vehiclea except that an authorized emergency vehicle operated as
~. police vehicle noed not be equipped with or display a red light
visible from in front of the vehicle.
ARTICE III: TRAFFIC-CONTROL IEVICES AND SIGNALS
Se~tion 13. Authority to install traffic-control devices. N
town marshal, upon approval of the Council, shall place and maintain
traffic-co~l~rol signs, signals, and device~ when as required under the
traffic ordinances of this town to make effective the provisions of
said ordinances, and may place and maintain such additional traffic-
control dex~ices as he may deem necessary to regulate traffic under the
traffic ordinances of this town or under State Law, or to guide or
warn traffic.
Section ~. When traffic devises required for enforcement
PurPoses,"'~A~6'~isi~'of this ordinance for ~vhich signs are required
shall be enforced against an alleged violator if at the time and place
of the alleged violation an official sign is not in proper position
and sufficiently legible to be seen by an ordinarily prudent person.
'jJ~enever a partieudar section does not state that signs are required,
such section shall be effective even though no signs are erected or in
place.
Section 15. Display of unauthorized signs, signals, or markings.
(a) No person shall place, maintain, or display upon or
in view of any highway any unauthorized sign, signal, marking, or de-
vice which purports to be or is an imitation of or resembles an official
traffic-control device or railroad sign or signal, or which attempts
to direct the movement Of traffic, or which hides from view or inter-
feres with the effectiveness of any official traffic-control device or
any railroad sign or signal.
(b) No person shall place or maintain nor shall any public
authority permit upon any highway ar~ traffic sign or signal bearing
thereon any commercial advertising.
(c) This section shall not be deemed to prohibit the erection
upon private property adjacent to highways of signs giving useful ~-
ectional information and of a type that cannot be mistaken for official
signs.
(d) Every such prohibited sign, signal, or marking is hereby
declared to be a public nuisance and the authority having Jurisdiction
over the highway is hereby empowered to remove the same or cause it to
be removed without notice.
Section 16. Interference with official traffic-control devices.
No person shall withoutlav~ulauthori~atten~pt to or in fact alter,
deface, injure, knock down, or remove any official traffic-control
device.
Section 17. Authority to establish play streets. The town
~nginser shall have authority to declare ar~ street or part thereof a
play street and to place appropriate signs or devices in the roadway
indicating and helping to protect the same.
Section 18. Play streets. ~enever authorized signs are erected
indicating any street or part thereof as a play street, no person shall
drive a vehicle upon any such street or portion thereof except operators
of vehicles having business or whose residences are within such closed
areas, and then any said operator shall exercise the greatest care in
driving upon ar~ such street or portion thereof.
Section 19. Town marshal to designate crosswalks, establish
safety zones. The town marshal, upon approval by the Town Council, is
hereby authorized-
(a) To designate and nmintain, by appropriate devices, marks,
or linem upon the surface of the roadway, crosswalks at intersections
where in his opinion there is particular danger to pedestrians crossing
the roadway, and at such other places as he maydeemnecessary~
(b) To establish safety zones of such kind and character
and at such places as he may deem necessary for the protection of
pedestrians.
Section 20. Traffic lanes. The town nmrshal, upon approval by
Term Council, is hereby authorized to mark traffic lanes upon the road-
~vsy of any street or hi[~hway where a regular ali~m,~ent of traffic is
necessary.
(b) l'~ere such traffic lanes have been marked, it shall be
unlawful for the operator of any vehicle to fail or refuse to keep such
vehicle vdthin the boundaries of any such lane except when lawfully
passing another vehicle or preparatory to making a lawful turning
movement.
ARTICLE IV. SPEED REGULATIONS
Section 21. State ~peed laws applicable. The state traffic
laws regulatinC the speed of vehicles shall be applicable upon all
streets within this term, except as this ordinance, as authorizedby
state law, hereby declares and determines upon the basis of engineering
and traffic investigation that certain speed regulations shall be ap-
plicable upon specified streets or in certain areas, in which event it
shall be unlawful for any person to drive a vehicle at a speed in excess
of my speed so declared in tkis ordinance when signs are in place giv-
ing notice thereof.
Section 22. IncreasinE speed limit in certain zones. It is
hereby determined upon the basis of an en~ineering and traffic invest-
igation that the speed permitted by state law upon the following streets
is less than is necessary for safe operation of vehicles th~reonby
reason of the designation and sign posting of said streets as arterial
highways and (or) by reason of widely spaced intersections and it is
hereby declared that the speed limit shall be as hereinsfter set forth
on those streets or parts of streets herein designated at the times
specified v~hen signs are erected ~ivin~ notice thereof. On State Hi~h-
way 21-A between High School lVay and Winslow ~]ay, the speed limit shall
be he MPH at all tLn~s, except where posted to the contrarV.
Name of Street Speed Limit Time
State Highway 21-A * he 1.;PH At All Times
. From North Town Limits to a point ~OO feet North of Winslow Way
Section 23. Decrease of state law maximum speed. It is hereby
determined upon the basis of an engineering an5 traffic investigation
that the speed permitted by state lavr outside of business and residence
districts as applicable upon the following streets is Greater than is
reasonable or safe under the conditions found to exist upon such streets
and it is hereby declared that the speed limit shallbe as herein set
forth on those streets or parts of streets herein designated at the times
herein specifiedwhen signs are erected giving notice thereof.
Name of Street Speed Lindt
Hawley Wy.N.E. l~ MPH
Eagle P1. N.E. "
~..~orrill P1. N.E. "
Irene P1.N.L. "
Winslow Wy.E between Ferncliff "
Ave. N.E. & EaCle P1. N.t!. "
Time
Section 2h. Regulation of speedby traffic si~nals.
marshal, upon approval of Town Council, is authorized to regulate the
tiring of traffic signals so as to permit the movement of traffic in
an orderly and safe manner.
The term
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ARTICLE V. TURNING ~.iOVE~ENTS
Section 25. Authority to place and obedience to turning markers.
(a) The town marshal, upon approval of the To~n Council, is
authorized to place markers, buttons, or signs within or adjacent
to intersections indicating the course to be ~raveled by vehicles
t'orning at such intersections in accordance ~Tith the provisions of
this ordinance and R6~V 47.36.060.
(b) ~n~en a~thorized markers, buttons, or other indications
are placed vd~hin a~ ...ntersection indicating the course to be trav-
eled by vehicles turninM thereat, no operator of a vehicle shall
disobey the directions of such indications.
Section 26. ,~.Utheri~ to place restricted turn signs, The
t~own ~l~arshal, 'upo~"E~]~S;~kl of the Town Council, is hereby author-
ized to determine those intersections at which operators of vehicles
shall not make a ri[~ht, left, or U turn, and shall place proper
signs at such intersections. The maki~.g of such turns ma3~ be pro-
hibited bet~veen certain hours of any day and permitted at other
hours, in ~vhich event, the same shall be plainly indicated on the
signs, or they n~y be removed when such turns are permitted.
Section 27. Obedience to no-turn signs. Whenever authorized
signs are erected indicating that no right or left or U turn is
permitted, no operator of a vehicle shall disobey the directions
of any such sign.
i~TICLZ VI. ONE-WAY STREETS AND ALLEYS
Beckion 28. Authority to sign one-way streets and alleys.
Y~eneve~ any ordinance of this town designates my one-way street
or alley, the town marshal shall place and maintain signs giving
notice thereof, and no such regulation shall be effective unless
such signs are ~..n place. Signs indicating the direction of law-
ful traffic movement shall be placed at every intersection where
movement of traffic in the opposite direction is prohibited.
Section 29. Authority to restrict direction of ~,~vement on
streets during certain periods. The town marshal may, as authorized
by ordinance, designate streets, parts of streets, or specific
lanes thereon upon which vehicular traffic shall proceed in one
direction during one period and the opposite direction during an-
other period of the day and shall place and maintain appropriate
~arkings, signs, barriers or other devices to give notice thereof.
The town marshal may erect signs temporarily designating lanes to
be usedby traffic moving in a particular direction, regardless of
the center
(b)
vehicle in
devices so
of the roadway.
It shall be unlawful for an~ person to operate any
violation of such ~rkings, signs, barriers, or other
placed in accordance ~iththis section.
AitTICLE VII. SPECIAL STOPS RLQUIR:,D
Section 30. EmerZing from alley or private driveway. It shall
be unlawful for the operator of a w. hicle to emerge from any alley,
driveway, building exit, private way, or private property or from
off the roadway of any public highway, onto the roadway of any pub-
lic highway, or across a sid~valk or into the sidewalk area extendin~
across any such alley, driveway, building exit, private way or pri-
vate property without bringing such vehicle to a full stop and
yeilding the right-of-way to all pedestrians upon such sidewai~k
and all vehicles upon such public highway.
No vehicle shall back into or out of an alley, except v~hen
same is obstructed.
No driver shall enter any street at ar~ point other than a
street intersection at a rate of speed exceeding iive (5) r~les
an hour, nor operate a vehicle in excess of fifteen (15) ~iiles per
hour in any alley.
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Section 31. Intersections where stop required. The town
marshal, upon approv"'~q'. of the Term Council, is hereby authorized
to determine and designa'~,e intersections where ~rtinular hazard
exists r. rd t,o ~eterm:l~-e who%her vehicles shall ate? ~'b cr, c or more
eDtrances to any such s'b DI~ intersection~ and shall .erect a s'Dp
sign at cvcr,v such l-,']~c,~ u?,'~re a stop is reql~irsd~
Section ~Q~ Dosi~,. On!,' '!StOp" SignS. Every ~toD s3 ~. ,-'~,=v~
be of the sisandar~l d~dign accepted by the state highws~~ us~n~j ssion,
Section 3J- Stop when traffic obstructed. i'ilo
enter an iniersec i~ion or a marked crosswalk unless the;r~e
ficient space on the other side of the intersection cr crosm~m].k
to accommodate the vehicle he is operating without obstrnctin~ the
passale of other vehicles oP pedestrians, st~thstan6~i:~6 any
traffic-control signal indication to Foceed.
ARTICLE VIII. L ISC~.LL~u~ ~OUS DRIVI/qG RULES
Section 34. Drivin~ through funeral or other procession. No
operator of a vehicle shall drive between the vehicles comprising
a funeral or other authorized procession while they are in motion
and ~hen such vehicles are conspicuously designated as required in
this ordinance. This provision shall not apply at intersections
where traffic is controlled by traffic-control signals unless a
police officon is present at such intersections to direct traffic
so as to preserve the continuity of the funeral procession.
Section 35- Operators in a procession. Lach operator in a
funeral or other procession shall drive as near to the right-hand
edge of the roadway as practical and shall follow the vehicle
ahead as close as is practical ~nd safe.
Section 36. Funeral processions to be identified. A funeral
composed of a procession of vehicles shall be identified as such
by the display upon the outside of each vehicle of a pennant or
other identifying insiSnia or by such other meth~d as may be de-
termined and designated by the town marshal.
Section 37. When ~rmits required for parades and processions.
Uith the exception of funeral processions and parades of the armed
forces of the United States or the nilitary forces of this State,
no processions or parades shall be conducted on the town streets
and the persons or groups to whom such permits are issued shall
only occupy, ~rch, or proceed %long any street in accordance with
a permit issued by the town marshal and such other regulations as
are set forth herein ~ichmay be applicable.
Section 38. Vehicles shall not be driven on a sidewalk. The
operstor of a vehicle shall not drive within any sidewalk area ex-
cept at a permaneno o~ temporary driveway.
Section 39. Clinging to moving vehicles. Any per~o~ ~lcang
upon any bicycle, motorcycle, coaster, sled, roller skates, or any
toy vehicle shall not at~.ach the same or himself to any moving
vehicle upon any roa~my,
/~.TIC. LL LX. VL~TCLES~i,'ED SAFETY ZONES.
Section 40. Boardin~ or alightin~ from vehicles. No person shall
board or ,~li~t from a ~y ~l?¥D!i~?~' such vehicle is ~n motion.
Section hl. Unla~.f~,~l riding_,. No person shall ride on any
vehicle upon any portion thetel not desiZnated or intended for the
use of passengers. This provision shall not apply to a~ ~mpioyee
engaged in the necessary discharge of a duty, or to persons riding
within truck bodies ~[n~aded fo~r merchandise.
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llTICiZ x. ~DESTRIA~S , RTGHTS AND DUTI~
Section 42. Pedestrians subject to traffic-~;ontro!
Pcdestrians shall t'e m~bjest to traffic-con'brc. l
tefore declared in Seco 19 of this ordinance
Ls.;~;s of i,o.!O~ _~c.v !,6-S0.Z40, but at all other
shall b~ (~ranted those ri[!hts and be subject
sta±.ed in ';-,~r,jur~ ar",i~,l~-
S t'
ec tuna l.,3. Pedsstris'ns to use right haM' off' c.cos::iw:lk~
PedeF~Y~:~]7.-.7.;7~ 1 nov~., - heueve~ practicable, ~F,~YZ'(i'VY~!T', ~' ~ ~
O f CFO 9 ,bvra]_l,: S,
sect.~o-: l;b.- :'edc~tr-~ans duties. (a) Pedas'rians ~I.~:.7.1!. not
st,ep ini~o bhat ~or~,izn zf toe s~;reet open to mc~.ng irnffi.z at aT
point 0etween i~tersections in the Central Traffic Distric-b~ in
any business district, on any a; terial highw~i, or between adjac-
ent intersections cf ','treets Fotected ~ stop si.[~s, except at
marked cros~alks or other places specially p:rov:.ded.
(b) Pedestrians shall not cross street intersections diag-
onally except at such signalized in~rsections tP~a% Fovide for a
~destrian all-wa~ phase.
(c) Pedestrians crossing a roadway other titan at intersec-
tion crosswalks shal]. yield the right-of-way to all vehicles upon
the roadway.
Section hS. Ol~l~lO~"ll t_o exercise due' car~..; '_Notwithstanding
the foregoing provisions of this article, ever. i aterotor of a ve-
hicle shall exercise due care to avoid colliding with any pedes-
trian upon any roachray and shall g~ve yarntug ~y s<~ua_ding the horn
when necessary and shall exercise special Fe~:,:u';,ion ap/~n ~bserv-
ing any child or any confused or incapacitated person upon a road-
way.
ARTICLE XI. RLGUt~tTIONS FOR BICYCLI'j
Section~. ~fect of reFnlstions. (a) Th~ psn~nt of any child
and the guardian of armyward shall not authorize or ~nowingly per-
nit any such child or ward to violate any of the provisions of
this article.
(b) These regulations applicable to bicycles sh~ll apply
whenever a bicycle is operated upon any street or upon any public
path set aside for the exclusive use of bicycles, subject to those
exceptions stated her':ini
Section hT. Obedience to traffic-control dell-cos. (a) Any
person operating a bi~f~l~"shall obey the instructions of official
traffic-control si~Dals~ signs, and other control devices applicable
to vehicles unless othen~ise directed by a police officer.
W
(b) .~henever authorized signs are erected indicating that
no right or left or U turn is penXtted, no person o~rating a
bicycle shall disobey the direction of a~ such ~ign, except where
such person dismounts from the bicycle to mke a~B- such turn, in
which event, such person shall then obey the reg:£.ations applicable
to pedestrians.
Section ~8. Parkin2. No person shall park a kiaycle upon a
street other than upon the roa~Tay againsb the curb or upon the
sidewalk in a rack to support the bitycle or against a building or
at the curb, in such manner as to afford the least obstruction to
pedestrian traffic.
Section hg. Riding on sidewalks. (a) No person shall ride a
bicycle unon a sidevmlk vdthin a business district.
(b~ The to~,m marshal, upon approval by the Town Council, is
authorized to erect signs on ar~t ~1~ ~ ~-va,]~ray D~h~.h~,~ .~h~
riding of bicycles thereon by any person~ and when such Signs are
in place, no person shall ~ obey the same.
(c) !'~t~enever any person is riding a bicycle upon a sidewalk,
such person shall yield the right-of-way to any pedestrian and shall
give audible signal before overtaking and passing such pedestrian.
S_ection 50. Penalties. Every person convicted of a violation
of any provision of this article shall be punished by a fine of
not more than (100) dollars or by imprisonment of' not more than
(30) days in jail or both, except that in the case of children
under 18 years of age, the juvenile offender would be delivered
over to the Juvenile Court for appropriate action.
ARTICLE XII. MLTHOD OF PARKING
Section 51. Standin~ or parking close to curb. No person
shall st~md or park a vehicle in a roadway other than parallel
with the edge of the roadway headed in the direction of lawful
tra£fic movement and with the wheels of the vehicle on that side
which is consistent with the lawful movement of traffic within
twelve (12) inches of the curb or edge of the roadway except as
otherwire provided in this article.
Section 52. Markings indicatin angle parking, The town
marshal, upon approval of the Town ~o~ncil, shall determine upon
what streets other than those forming a part of the primary or
secondary state highways angle parking shall be permitted.
Section 53. Obedience to angle-~rking signs or markings.
Upon those streets which have been sxgned or marked !'or an~le
parking, no person shall Park or stand a vehicle other than at the
angle to the curb or edge of the roadway indicated by such Signs
or markings.
ARTICLE XIII. STOPPING, STraNDING, OR PARKING PROHIBITED
IN SPECIFIED PLACE8
Section 54. Parking .not to obstruct traffic. No person shall
park anF vehicle upon a street, other than an alley, in such a
manner or under such conditions as to leave available less than 8
feet of the width of the roadway for free movement of vehicular
traffic.
Section 55. Parking in alleys. No person shall park a
vehicle lwithin an alley in such a manner or under such conditions
as to leave available less than 8 feet of the width of the road-
way for the free movement of vehicular traffic, and no person
shall step, stand, or park a vehicle within an alley in such po-
sition as to block the driveway entrance to any abutting property.
Section 56. Parking for Certain ~urposes prohibited. No per-
son shall park a vehicle upon any road~ay for the principal p~r,
pose of:
(a) Displaying such vehicles for sale or for advertising
services for vehicles.
(b) Washing, greasing, or repairing such vehicle except
repairs necessitated by an emergency.
Section 57. Parking adjacent to schoQls. The town marshal,
upon approval of the Town Council, is hereby authorized to erect
sig~s indicating no parking upon either or both sides of any
street adjacent to any school property when such parking v~ould,
in his opinion, interfere with traffic or create a hazardous
situation ·
(b) ~l~hen official signs are erected indicating no park-
ing upon that side of a street adjacent to any school property,
no person shall park a vehicle in any such designated place.
Section 58- ParkinF~ prohibited. (a) The town marshal, upon
approval of the Town Council, is hereby authorized to erect signs
indicatlnC', no parking ~pon one or both sides of a street ~hen, in
his opinion, the parking of vehicles thereon would create a haz-
ardous condition or would cause unusual delay to traffic.
(b) VR~en official signs prohibiting parking are erected
upon streets as authorized herein, no person shall park a vehicle
upon any such street in violation of any such sign.
ARTICLE XIV. STOPPIhD FOR L~DING OR
UNLOADI~ ONLY.
approval of the Town Council,
Section 59- Town mars_hal, u~ne town marshal is hereby auth-
to desi[~nate curb loading zone.
orized to determine the location of passenF~er and freight curb
loading zones and shall place and maintain appropriate signs ind-
icati~ rjhe same and stating the hours during ~hich the provisions
of this section are applicable.
Section 60. StanH~nM in passenger curb loading zone. No per-
son shall stand, stop, or park a vehicle for any purpose or period
of time other than for the expeditious loading or unloading of pas-
singera in any place marked as a passenger curb loading zone during
hours when the regulations applicable to such curb loading zone
are effective.
Section 61. The town marshal to designate public carrier stands.
The town marshal, upon approval of the Tovm Council, is hereby auth-
orized and required to establish bus stops, bus stands, and taxicab
stands and stands for o±her passenger common-carrier motor vehicles
on such public streets in such places and in such number as he shall
determine to be of the greatest benefit and convenience to the pub-
lic and every such bus stop, bus stand, taxicab stand, or other
stand shall be desi~.~nated by appropriate signs.
ARTICLE XV. P~YALTIES AND PROCYjDURE ON ARREST
Section 69. Penalties. 'Unt~s .an~h~,r-!~nalt~ 'i~. ex~esS!y
p~vided by law, every pe'~s~n' c0~r~ed '~f' ~' ~iolation of any pro-
~sion of ~is or~n~ce shall be p~ished ~ a fine of not more
th~ (~0) dollars or ~ i~ris~ent for not ~re ~an (30) days
or ~ both such fine and i~riso~ent.
S~tion 63. P~ced~e of police officers. (a) ~enever a~
person is arrested for ~y ~oiation of ~is ord~ce, except
those mentioned in subsection (b) hereof, ~e arresti~ officer
~y serve upon him a traffic clarion ~d notice to appear h
co~t. Such citation and notice ~all co~orm to the req~ents
~d be ~ndled ~d ~s~sed of in accor~nce with R~I 46.64.010.
~e arrested ~rson ~y sec~e release, if ~tted by the ~rest-
ing officer, by ~i~ his ~itten ~omise to appear in court as
required by ~e ci~tion ~d by sign~g in the appropriate place
the ~itt~ clarion and notice ser~d ~ the arres~ officer.
U~n ~e arrested ~rson's failhE or refusing to sign such ~it-
ten pro~se, he may ~ taken in~ cus~ of such arresting officer
and ~ remain or be placed ~ co~eme~. Any p~son ~o cancels
or solicits the cancellation of any traffic citation otheDvi~e th~
as Fovided in Chis section shall be [~uilty of a ~olaiion of ~is ordinancee
(b) The prodsions of subsection (a) ~ this section shall
not apply to any ~rson arrested and charged ~th an offense ca~-
ing or contributing -ho an accident resulting in inj~y or doath ~o a~y '
~rson or to any person c~.~,.r~Zed v~ith reckle~ ~iig, or to any ~'s~n.--
c~rged ~vitk c~rivini~ v;hile unde~~ the influence of ]n+,~_oath~ liquor
or narcotic or other 8!~ugs, o2~ to mD~ person ~vh~ the arre~+.i ng nffic~
shall have good cause bu boli~v~ h~ ~mp~.t~.ed any felony~ and ~e
a~es~ng offi~ shall t~e such p~son to ~e po]~e s~ation to be
~oke~.
-lO-
Se._ction 64. Disposition and records of traffic citations,
warrants. and complaints.. (a) Every police officer upon issuing
a traffic citation to sn alleged violator of any provision of the
motor vehicle laws of ~,his State or of any traffic ordinance of
this town shall deposit the original and a duplicate copy of the
citation with the police court. The second duplicate copy of the
citation shall be retained in the traffic citation book and shall
be delivered by such officer to the term clerk together with such
book ~hen all traffic citations therein have been used.
(b) Upon filing of such original citation in the traffic
court of this to~m as aforesaid, said citation may be disposed
of only by trial in said court or by other official ~ction by a
judrre of said court, including forfeiture or by payment of a fine
to s:t~,d, cou'?t.
(c) It shall be unlawful and official misconduct for any
member of the police department or other officer or public emp-
loye~ to dispose of, alter, or deface a traffic citation or any
copy thereof, or the record of the issuance or disposition of any
traffic citation, co mplaint, or warrant, in a manner other than
as required in this section.
Section 65. Illegal cancellation of traffic citations. It
shall be unlawful for any person ~o csnc61or solicit the cancel-
lation of any traffic citation in any manner other than as provided
by this article.
Section 66. Audit of records and reports. Every record of
traffic ci~'~s, complaints thereon, and warrants issued therefor
required in this article shall be audited at least bi-monthly by
the to~n clerk, who shall submit a report of such audit together
~ith a sum~ry thereof be the ~ayor and Town Council. Such reports
shall be public records.
Section 67. Notice on illegally parked vehicle. Whenever any
motor vehicle ~rithout operator is found parked, angle parked, or
stopped in violation of any of the restrictions imposed by ordin-
ance of this town, the officer finding such vehicle shall take its
registration number and ~y take any other information displayed
on the vehicle which nay identify ~s user, and shall conspicu-
ouslyaffix to such vehicle a no~ice in writing, on a form provided
by the town, for the operator to answer to the charZe against him
within twenty~four hours, at a place specified in the notice.
The officer shall deposit the original or a copy of each t~affic cit-
ationwiththe Police Jud~_e of the town having jurisdiction over
the offense.
Section 68. Failure to complywith notice attached to parked
vehicle. I~'a ~olator of the restrictions on stopping, standing~
or parking under the traffic laws or ordinances does not appear in
response to a notice affixed to such motor vehicle within a period
of twenty-four (2H) hours, the town clerk shall send to the owner
of the motor vehicle to which the notice was affixed a letter in-
forming him of the violation and ~varning him that in the event
such letter is disregarde~ for a period of five (5) days, a com-
plaintwill be filed and warrant of arrest issued.
~q~:~n__6~ol~ .~r_esumption in reference to illegal [arkinF,. (a)In
any pr,_:~.~ut:hc;rn :~'bs,.c~in-; a ~ohtion of ~y law or regulation gov~n-
ing the stsn.liDg or lnrhing of a vehicle, proof that the ~rticuhr
vehicle ~qesch~i,bed in the comphint was ~rked in ~ohtion of any
such hv~ o~,~ ,.'~[~u]~.~.,t~;~:~ together ~ith Foof ~at the def~dant
named in !'e~ c~'].c.n~o~ v~as at the time of such ~rking the registered
o~er of ~ucb v,_.inj_clc,~ shall constitute in e~dence a prim facie
presumFtic'n th~:t '~he r~e[~5 $tered o~:mer of such vehicle was the
perso~'~ v~no p~r~,'ed o~~ phced such vehicle at the point where, and
for the th:~e ~t~ng which, such ~olation occ~red.
-ll-
(b) The foregoing stated ~esumption shall ap~ly only when
the procedure as prescribed in Secs. 68 and 69 has been followed.
Sec4i.~;n 70. Y',~en warrant to be issued. In the event any per-
son fails to comply v~th a traffic citation given to such person
or attached to a vehicle or fails to make appearance pursuant to
a summons directing an appearancein the police court, or if any
person fails or refuses to deposit bail as required and within the
time permitted by ordinance, the police judge shall secure and
issue a warrant for his arrest.
Section 71. Disposition of traffic fines and forfeitures. All
fines ~. forfeitures collected upon conviction or upon the forfeit-
ure of bail of any person charged with a violation of any of the
pre",~'i~Xo~: c,:C this ordinance shall be paid into the general fund
of tqe
Se::'f'!,~n 72. Official misconduct. Failure, refusal, or neglect
on the par~ of any judicial or other officer or employee receiving
or ha~n~ custody of any such fine or forfeiture of bail, either
before or after a deposit in said town Seneral fund, to comply
with the provisions of Sec. 71. shall constitute misconduct in office
and shall be ground for removal therefrom, provided appropriate re-
moval action is taken ?ursuant to state law relating to removal of
public officials.
- Section' 73. Authority to .impound vehicles. (a) Members of
the poYice department are hereby authorized to remove a vehicle
from a sbreet or hi[,Zhway to the nearest garage or other place of
safety or to a garage designated or maintained by the police
department or otherwise maintained by this town, under the cir-
cumsts. r~,ces hereinafter enumerated.
(1) ~hen my vehicle is left 8nattended upon any bridge,
viaduct, or causeway, or in ar~ tunnel where such vehicle con-
stitutes an obstruction to traffic.
(2) When a vehicle upon a highway (or street, including
tunnels, bridges, or approaches~ is so disabled as to constitute
an obstruction to traffic (or when) the person or persons in charge
of the vehicle are by reason of physical injury incapacitated to
such an extent as to be unable to provide for its custody or
removal.
(3) lr~aen any vehicle is left unattended upon a street and
is so parked illegally as to constitute a definite hazard or ob-
struction to the normal movement of traffic.
(b) ~'~enever an officer removes a vehicle from a street
as authorized in this section, he shall report the abandoned
vehicBe to the chief of the Washington State Patrol, and if the
officer h.ov~s cr is able to ascertain from the registration
reco;~'~' in the vehicle the name and address of the registered and
],.e~]'-'.:L owner t",~',.re:.ff, ~uch officer shall immediately give or ~ .:-..
cause personal notice to be t'iven in writing to such owner, if
any record exists of the registered or legal owner in the state
of Wash-,.nCtoD.~ of the fact of such removal and the reasons there-
fore and of th? olace to which such vehicle has been renoved.
The aban~!oned-v~ hicle shall be taken into the custody of the
sher.~ff of 'bP-e coun'tj:r where it has been abandoned, and stored.
In the' ~ --.-c!. -~!u:; ~-~'u.:'h v~',d.cle is stored in a public garage, a
COE~ c_? uu:]:,. :".'_,"'..hc~= ;~'/lJ, b.~ ~ive;r~ to the FoFietor of such
~atag e.,
' 1,] ~7:.d~'~',,'2x. a,.t cf:'!.t',e'? removes a veh!n~ .o ...... ,~,~-~1~
the n~:~n. ,,C 't,~u,~ ,' ........ ,q:' ~t'i~' o'bheP Peasoil is unat;].e to give
t.h:, h;: i,:z n:- _,, c. 3 ,:~:.?r as hereinbefore pro~ded~ ar~ in ~he event
~ .~-,,ic!.e .t~ not rc'b'~nad to the ~eP ~thin a p~iod of three
(3) days, '~n,en ~d in that event, the officer shall ~e~ate~
send or cause ~ be sent ~itten report of such removal by mail
-12-
to the State Department whose duty it is to re~ister motor vehicles,
and shall file a cop~ of such notice ~ith the proprietor of any
public garage in which the vehicle may be stored. Such notice
shall include a complete description of the vehicle, the date,
ti~e, and place from which removed, the reasons for such removal,
and name of the garage or place where the vehicle is stored.
(d) Any cost inmurred in the removal thereof shall be paid
by the owner of the vehicle so removed, and the same shall be a
lien upon such vehicle.
ARTICLE XVI. ADOPTION BY REFERENCE
Section 74. Statutes adopted. The following statutes, and
all amend~.en{s thereto, are hereby adopted by reference.
J F,, , ',::;~070
i, o o Oi p, OlO
L~N08,040
throu[~h 46.04.680 except 46.04-440 and 46.04.070
RCW
46.08.050
46.08.060
46.08.080
46.08.190
46.16.135
46.20.020
46 · 20.420
46.32.060
46.32.070
L,.5 3 7.020
k6.37.030
h6o37.040
k6.37.O%e
46.37
46.37.070
46, .37 - 080
46.37. o 90
46.37.100
46.37.11o
46.37.12o
46.37.13o
46.37 · 140
46.37 · 150
46.37.160
46.37.170
46,3 ~, ]
a6 ~ 3?.
46,37,186
L~6,37,187
46..37. !88
46,37,190
}~6- 37~192
k5 .. 3 7.20o
~s% 37.220
46.37,230
~/, ~,,~ ?: n
46- 3 7 ~ 250
46~ 37. 260
46.37 ~ 27
b,,<, ~7.
h l,, 37 ,, 2vu
L.,3- 3 '7 - 3:),
PL'3'7
~6,37,3F0
46.37.360
46.37.370
46.37.380
46.37.390
46.37.400
46.37.410
46.37.420
46.37.430
46.37.440
46.37.450
46.37.460
46.37.470
46.37.480
46.37.500
46.44.olo
46.44-020
46.44.020
46.44.030
46.44-034
46.44.036
46.44.040
46.44.042
46.44.044
46.44.045
46.44- 046
46.44.047
46.44.050
46.44- 060
46.44.070
46.44.100
46. ~4 · 110
46.~7.010, with the ex-
ception of the first
sentence thereof.
46.47- 020
46. ~7 · 030
46.47.040
46.47.050
46.47.060
46 · 47.070
46.~7.o~0
46.47.090
46.L8 .o!o
46.48.o2o
46.48. o21
46.48.o22
46.48.o23
RCW
46.H8.024
46.48.025
46.48.026
46.48.027
46.48. o5o
46.48.060
46.48.070
46.48.0~0
46.48.090
46.48. loo
46.48.110
46.48.1304
46.48.14o
46-48.170
46.48.270
46.48.280
46.52.olo
46.52.m2o
46.52.030
46.52.040
46-52.070
46-52.090
46.52.11o
46.56.010
paragraph
46.56.020
46.56.030
46.56.050
46.56.060
46.56.070
46.56.080
46.56.090
46.56.100
46.56.11o
46.56.12o
46.56.130
46.56.135
46.56.14o
46.56.150
46.56.160
46.56.170
46.56-180
46.56.19o
46.56.2oo
46.56.210
46.56.220
Except the last
thereof
46.56.230 ~ith the exception
of the second paragraph thereof.
46.60.010
46.60.020
46.60.040
46.6O.O5O
46.60 070
46.6O. O8O
46.60. IO0
46.60 110
46.60.120
46.60.130
46.60.140
46.60.150
46.60.160
46.60.170
46.60.180
46.60.190
~6.6o. 2oo
46.60.210
46.60.22O
46 · 60.230
46.60.240
46.6O. 25O
46.60.260
46.60.270
46.60.280
46.60.290
46.60.300
46- 60.3~0
46.60,3.:0
46.64. olo
46.64.020
46.64 · 030
47 · 36 - 130
47.36-140
47.36-170
47.36.180
47 · 36.200
47 · 36.220
47.52.~10
47 · 52.011
47 · 52
47.52.1n0
47.52.120
' ARTICLE XVII. EFFECT OF, AND SHORT TITLE OF, ORDINANCE
Section 75. Effect of partial invalidity. If my part or
parts of this ordinance are for any reason held to be invalid,
such decision shall not affect the validity of the remainhg
portions of ~his ordinance.
Section ?6. Repeal. Ordinance No. (7) (former traffic ord-
inance of the town) of this town is hereby repealed, and all
ordinances in conflict with, or inconsistent with, the provieions
of this ordinance are hereby repealed, except that this repeal
shall not affent or prevent the prosecution or punisb~ment of any
person for any act done or c~amittedin violation of any ordinance
hereby repealed prior to the taking effect of this ordinanne.
Section 77. Short title. This ordinance may be known '~
and cited as the Traffic Ordinance.
Section 78. Effective date. This ordinance is deemed
necessary for the immediat~ preservation of the public safety and
health, and shall therefore take effect immediate]y upon its pas-
sage and publication.
Washi~Zton, and approved by it's Mayor this · ~f 963.
ATTEST:
HORIARTY, LONG, MIKKELBORG F.. BROZ
SF_,Aq'rLr,WASHINGTON 98154.
January 16, 1973
MEMORANDUM
To:
From:
Subject:
Mayor, City of Winslow
City Attorney
Town of Winslow Ordinance 133/Mayor's Letter of 12/26/72
Town of Winslow Ordinance 133, S49(a) prohibits riding bicycles on the
sidewalk within a business district. By S49(b) the Town Marshal, on
approval by the Town Council, is authorized to erect signs prohibiting
- ~ding bicycles "thereon". ~49(c) makes provision for riding bicycles
)n sidewalks and requiring the rider to yield the right-of-way to a
o~destrian.
The ordinance can probably be construed to make sense if subparagraphs
(~ and ~ of ~49 are considered to refer to other than business district
sidewalks. Probably a citation for a misdemeanor charging violation of
~49 would be appropriate if issued to a person riding on the sidewalk
within the business district even though no signs had been erected as
contemplated by subparagraph (b) - probably for non-business district
sidewalks.
MORIARTY, LONG, MIKKELBORG & BROZ
City Attorneys
By
JAM/kn
Jacob A. Mikkelborg
~C
City Clerk
City Treasurer
Chief of Police
I