ORD 64-153 TRAFFIC ORDINANCEORDINANCE NO. 1~3
i
AN ORDIN~kHCE amending Ordinance No. 133, kDewn a.s
Traffic Ordinance of the Tov~ of Win~low.
BE IT ORDAIi~D by the TO¢~ CF WIi~SLOW, WASHIi~DTCN, AS
FOLLOWS:
Section 2 of Ordinance No. 133 is amended to read as
follows:
Section 2, Right of v~. The right of one vehicle or
a pedestr~.an to p~oceed in a l~ful ~anner in prefer-
ence to another vehicle or pedestrian approachi~g under
such circumstances of direction, speed and proxi~itj¢ as
to give rise to danger of collision unless one grants
precedence to the other.
Section 3 of Ordinance No. 133 is amended to read as
follows:
Section 3- (a) Stop. When required, means complete ces-
sation of movement.
(b) Stop or stopping. When prohibited means any halt-
ing even monentarily of a vehicle, whether occupied or
not, exceptwhen necessary to avoid conflict with other
traffic or in compliance with the directions of a police
officer or traffic control sign or signal.
(c) Stand or standing. Neans the halting of a vehicle,
whether occupied or not, otherwise than for the purpose
of andwhile actually engaged in receiving or discharg-
ing passengers.
(d) Park or parkipg. Neans the standing of a vehicle,
whether occupied or not, otherwise than t~mporarilyf~r
the purpose of and while actually engaged in loading
or unloading merchandise or passengers.
There is added following section 14 of Ordinance No.133
the following:
Section lh.t. Official traffic-control devices -- pre-
sumption of le ality.
(a) Whenever o~ficial traffic-control deviees are placed
in position approximately conforming to the requirements
of this Ordinance, such devices shall be presumed to
have been so placed bythe official act or direction of
lawful authority, unless the contrary shall be estab-
lishedby. competent evidence.
(b) Any official traffic-control device placed pursuant
to the provisions of this Ordinance end purporting to
conform to the lav~ful requirements pertaining to ~ch
devices shall be ~resumed to complywith the req'~k~,e-
merits of this Ordinance, unless the contrary shall be
established by competent evidence.
Section 31 of Ordinance No. 133 is amended to read as
follows:
Section 31. Intersections where stop or
The To~nMarshall, upon approval of the Tov~ Cou~ui, is
hereby authorized to determine and designate in'~rsections
where particular hazard exists and to determine (a) Whe-
ther vehicles shall stop at one or more entrances to
any such intersection, in which event he shall cause to
be erected a stop sign at ~very place where a stop is re-
quired, or (b) ~vhether vehicles shall Yield the right of
way to v~hS.¢les on a different street at such intersection
as p~^16soribed in Section 31.3 in which event he shall
cau.~s to be erected a yield sign at every place where
obedience thereto is required.
There is added following Section 31 of Ordinance No. 133
the following:
Section 31.1 Stop signs and yield signs. (a) The driver
of a vehicle approaching a yield sign if required for
safety to stop shall stop before entering the cross walk
on the near side of the intersection or, in the event there
is no cross walk, at a clearly marked stop line, but if
none, then at the point nearest the intersectiX~-roadway
where the driver has a view of approaching traffic on the
intersecting roadway.
(b) Except when directed to proceed by a police officer or
traffic control signal, every driver of a vehicle approach-
ing a stop intersection indicated by a stop sign shall stop
before entering the cross walk on the near side of the in-
tersection or, in the eEent there is no cross walk, shall
stop at a clearly marked stop line, but if none then at
the point nearest the intersecting roadway where the driver
has a view of approaching traffic on the intersecting road-
way before entering the intersection.
Section 31.2 Vehicle entering step intersection. Except when
directed to proceed by a police officer or traffic-control
signal, every driver of a vehicle approaching a stop inter-
section indicated by a stop sign shall stop as requested by
Section 31.1 (b), and after having stopped shall yield the
right of w~ to any vehicle which h~ entered the intersec-
tion from another highway or which is approaching so closely
on said highway as to constitute an immediate hazard during
the time v~en such driver is moving across or v~ithin the
intersection.
Section 31.3 Vehicle entering 'eld intersection. The driver
of a vehicle approaching a yieldsign shall in obedience to
such sign slow down to a speed reasonable for the existing
conditions and shall yield the right of way to any vehicle
in the intersection or approaching on another highway so
closely as to cohstitute. an immediate hazard during the time
such driver is mo ing a. cross or within the intersection;
provided, however, tHa~ if such a driver is involved in a
collision with a vehiCl~ in the intersection, after driving
past a yield sign without stopping, such collision shall be
deemed prina facie evidence of his failure to yield right
of way.
There is added following Section 38 of Ordinance #133 the
following.
Section 38.1 Opening and closing vehicle doors. No per-
son shall open the door of a motor vehicle on the side
available to moving traffic unless and until it is rea-
sonably safe to do so, nor shall any person leave a door
open on the side of a motor vehicle available to me~ing
traffic for a period of time longer than necessary to
load or unload passengers.
Section 42 of Ordinance No. 133 is amended to ~ea~l as
follows:
Section 42. Pedestrians subject to traffic-control sig-
nals. Pedcstrians shall be subject to traffic-control
signals as declared in RCW 46.60.240 and 46.60~250~ but at
all other places pedestrians sh~ll be granted those rights
and be subject to the restrictions stated in this article.
Section 63 (a) of Ordinance No. 133 is amended to read as
follows:
Section 63. Procedure of police officers. (a) ~Tnenever
any person is arrastee for any violation of this ordinance,
except those mentioned in subsection (b) hereof, the ar-
resting officer nay serve upon hi~ a traffic citation
and notice to appear in court. §uch citation and notice
shall conform to the requirements and be handled and ~is-
posed of in accordance ~vith the Traffic Rules for Courts
of Limited Jurisdiction and RCW 46.64.010. The arrested
perso~n nay secure release, if permitted by the arresting
officer, by giving his written promise to appear in court
as require~ b~, the Citation and notice by signing in the
appropriate p~ce the written citation and notice served
by t~e arre~tthg officer. Upon ~he arrested person's
failing or ~efusing t° sign such written promise, he may
be taken into custody of such arresting officer and so
remain or be pla~ed in confinement. An~ person who can-
cels or solicits the cancellation of any traffic citation
otherwise than as provided in this section shall be guilty
of a violation of this ordinance.
Section 64 of Ordinance No. 133 is amended to read as
follows:
Section 64. Disposition and records of traffic citations,
warrants, and complaints. (a) Every police officer upon
issuing a traffic complaint and citation to an alleged vio-
lator of any provision of the motor vehicle lairs of this
State or of any traffic ordinance of this Town shall de-
posit the ~omplaint and the abstract of court record copy
of such traffic complaint and citation to the police court
of this Town. The police record copy of the traffic com-
plaint and citation shall be retained in the traffic cita-
tion book and shall be delivered to the Town Clerk together
with such book when all traffic complaints and citations
therein have been used.
(b) Upon filing of such original citation in the police
court of this Town as aforesaid, said citation may be dis-
posed of only by trial in said court or by other official
action by a judge of said court, including forfeiture or
payment of a fine to said courte
c) The To~n }~arshal shall require'the return to him of
eae3~ ~-~fic complaint and citation and all cop~es there-
of, except that copy required to be retained in the book
as provided herein, which has been spoiled or upon which
any entry has been ~ade and has not been issued to an
alleged violator.
(d) The To~na }.~rshal shall also naintain or cause to be
maintained in connection with every traffic complaLnt and
citation issued b~' a ~nember of the police departmant a
record of the disposition of the charge by the police
court of this Toyre.
(e) The Town Marshal shall also main+~in or cause to be
maintained a record of all warrants issued by the police
court of this To~n or by any other court on saiU traffic
violation charges and which are delivered to
department for service, and of the final disposition of
all such warrants.
(f) It shall be unlawful and official misconduct for any
member of the police department or other officer or
public employee to dispose of, alter, or deface a traffi.;
citation or any copy thereof, or the record of the
suance or disposition of any traffic citation, c~mp3~ai~.t.
or v~rrant, in a manner other than as required in th~s
section.
Section 67 of Ordinance No. 133 is amended to read as
follows:
Section 67. Notice on illegally parked vehicle. ~en-
ever any motor vehicle without operator is fo~Lnd pa~ked,
angle parked, or stopped in violation of any of the-~ re-
strictions imposed by ordinance of this to~m, the officer
finding such vehicle shall take its registration number
and may take any other information displayed on the ve-
hicle which nay identify its user, and shall conspic-
uously affix to such vehicle a notice in writing, on a
f~m provided by the town, for the operator to answer
to the charge against him within twenty-four (24) hours,
at a place specified in the notice. The officer shall
deposit the complaint and the abstract of court record
copy of such traffic complaint and citation with the
Police Judge of the town having jurisdiction over the
offonse.
Section 68 of Ordinance No. 133 is amended to read as
follows:
Section 68. Failure to comply with notice attached to
parked vehicle. If a violator 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 (24) hours, the Court Clerk shall send to the owner
of the motor vehicle to which the notice was affixed a
letter informing him of the violations and warning him
that in the event such letter is disregarded for a per-
iod of five (5) days, a warrant of arrest will be issued,
Section 70 of Ordinance No. 133 is amended to read as
follows:
Section 70. ~Tnen warrant to be issued. (a) Residents.
The court shall issue a warrant for the arrest of any
defendant who is a resident of this state and who has
failed to appear before the court either in person or
by counsel in answer to a traffic complaint and citation
upon which he has given his written promise to appear.
If the warrant is not executed within 30 days after issue,
the court shall make an entry of the notification on the
docket, and may add a charge against the defendant for
failure to appear after a written promise to do so and
mark the case closed, subject to being reopened ~hen the
appearance of the defendant is thereafter obtained.
(b Nonresidents. If a nonresident defendant fails to
appear before the court either in person or by counsel
in answer to a '~raffic complaint and citation upon which
he has given his written promise to appear, the court
shall mail a notice to the defendant at the address
stated in the complaint and citation requesting ~im to
abide by his promise and appear in person or by counsel
on a day certain, and notifying him that his failure to
appear after a written promise to do so is a misdemeanor
for which he may also be charged, If the nonresident
m5--
fails to respond w~thin SO days after the date set in
the notice, the court shall issue a warrant for h~s ar-
rest and ahall make an entry of the notification on the
docket, and may add a charge against the defendant for
failure to appear after a written promise t~ do so, and
mark the case closed, subject to being rec~ned ~vhen
the appearance of the defendant is thereafter obtained.
Section 74 of Ordinance No. 133 is an~nded to read as
f o llows:
Section 74. Statutes adopted. The following statutes are
hereby adopted by reference,
Rcw 16.2L.o65
16.24.o7o
46.o4. olo
through 46.04.680, as ~mended, except
46.04.440 and 46.04.076
46.08.040
46.o8.o5o
46.08.060
46.o8.o8o
46.o8.19o
46.16.010 (1963 Supp.)
46.16.135
46.16.240
46.20.020
46.20.230
46.20.420
46.32.060
46.32.070
46.37.010 (1963 Supp.)
46.37.020 (1963 Supp.)
46-37.030
46.37.040
46.37.050 (1963 Supp.)
46.37.060 (1963 Supp.)
46.37.070 ( 1963 Supp.)
46.37.080 (1963 Supp.)
46.37.090 (1963 Supp.~
46.37,100
46-37.110
26.37.120 (1963 Supp.)
46-37.130
46.37.140 (1963 Supp.~
46.37.150 (1963 Supp.)
46.37.160 (1963 Supp.)
46.37.170 (1963 Supp.)
46.37~180 (1963 Supp.)
46.37.185
46.39.186
46.37.187
46.37.~.88
4~.37.190 (1963 Supp.)
46.~.200 (1963 S~p.)
46.37.21o (1963 ~upp.)
46.37.220
46-~7-Z30 (1963 Supp.)
46-37~240 (1963 Supp.)
46.37~250
46.37.260
46-37.270
46.37.2~ (1963 Supp.)
46-37.290
46.37.3o~ ( ~ o63 Supp. )
46.37.310
46.37,340 (1963 Supp.)
46.37.351 (1963 Supp.)
46.37.360
46.37-365 (1963 Supp.)
46.37-370 (1963 Supp.)
46.37.380
46.37.390
46.37.400 (1963 Supp.)
46.37.410
46.37.420
46.37-~30
46.37-440
46.37.450
46.37.460
46.37.470
46.37.480
46.37-500
46.37.510 (1963 Supp.)
46.44.010
46.~4.020
46-44 030 (1963 Supp.)
46-44.034
46-44.036
46.44.040
~6.4H.042
46.44.044
46.44.045
46.4H.046
46.44.047
46-44.050
46 ~ ~i~. 060
46.4~.070
46.44.100
46.4~.110
46.47.010,with the exception
o£ the 1st sentence
thereof
46.47.020
46-~7-~30
im6-47.050
46-~7.060
46.47.070
~6.~7.080
46.47,090
46-48. 01! (1963 Supp.)
46-48.014 (1963 Supp.)
46 · 48.015
46.48,016
46.48.O23
46.48.025
46,48.026
46.48.027
46.48.050
46.48.060
46° 48.08O
46.48.110
46.48 · 130
46.48,140
46.48,170
46.48,270
46.48.280
46.52.010
46.52.020
~6.52.030
46.52.040
46.52.070
(1963 su~.)
(1963 Supp.)
(1963 Supp.)
46.~2.090
46.52.110 (1963 Supp.)
46.56.010,except the last
paragraph thereof
46.56.020
46.56.030
46.56.050
46.56.060
46.56.070
46.56.080
46.56.090
46.56.100
46.56.110
46.56.120
46.56.130
46.56.135
46.56.140
46.56.150
46.56.160
46.56.170
46.56 o 180
46.56.190
46.56.200
46.56.210
46.56,220
46.56.230,with the excep-
tion of the 2nd
paragraph thereof.
(1963 Supp.)
(1963 supp.)
(1963 supp.)
46.6o, o~o
46.60.020
46.60.oko
46.60.050
46.6o~37o
46.6o.¢80
46.~0~100
46,60~110
46.60.!20
46,60~130
46.60.1!0
46.60.:L50
46.60.i60
46.60,170
46.60,130
46.60,190
46,60,200
46.60.210
46.60.220
46.60.230
46.60.240
46,60.250
46.60.260
46.60.270
46.60.280
46.60.290
46.60.300
46.60.310
46.60.320 (1963 Supp.)
46.64.010
46.64.020
46.64.030
47.36.130
47.36.140
47.36.170
47.36.180
47.36.200
47.36.220
47.52.010
47.52.011
47.52.040
L7.52.110
47.52.120
-7-
PASSED BY THE Town Council of the Town of Winslow~
Washington, and approved by its Mayor this/~day of~1964.
Mayor
AT TEST: