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629_00001AMENDEDBYORDINANCENo..Ál) ORDINANCE NO.629 · An Ordinance relating to and regulating motor vehicles,traffic, travel,and transportation and their incidents upon the public streets,bicycle paths,and other ways open to the public within the City of Moses Lake:Prescribîng the powers and duties of offi- cers and others in relation thereto:Defining offenses:Pro-viding penalties:And repealing Ordinance Numbers 101,125,148,168,173,194,195,207,243,279,280,492,602,609,610,and allamendmentsthereof,and repealing all other ordinances,or partsofordinances,of the Citÿ of -Moses Lake in conflict herewith. THE CITY OF MOSES LAKE DOES ORDAIN: Chapter 46.02 Purpose Section 1.46.02.010 Citation of title and adoption by refer-* ence.It is hereby provided,that this ordinance hereinaboveintitled,.and as the same may be hereafter amended from time totime,shall be and constitute the "Traffic Code"of the City ofMosesLake,a.municipal corporation of the State of Washington, and may be cited as such.Those.sections of the state trafficlawwhicharehereafteradoptedbyreferenceshallbemadeapartoftheordinancesoftheCityofMosesLakeasthoughsetforthfullyatlengththerein,and three (3)copies of the statelawcontainingthoseprovisionsadoptedbyreferenceshallbe placed on file in the office of the City clerk of the City ofMosesLakeforusebythepublicforreference. Section 2.46.02.020 Purpose and interpretation.It isherebydeclaredtobethepurposeandpublicpolicydftheCityofMosesLaketocooperatewithstateauthoritiesin everywaythatisreasonablypossibleintheenforcementofthemotorvehiclelawsoftheStateofWashington,and all other laws and regulations of the state relating to the equipment and opera-tion of vehicles on the public highways of the City of Moses Lake,and this ordinance is enacted in furtherance of that . purpose.The traffic code is enacted in the exercise of the i police power of the City of Moses Lake,to protect and preservethepublicpeace,health,safety and economic welfare,all ofitsprovisionsshallbeliberallyconstruedfortheaccomplish-ment of these purposes.The traffic code has been drafted uti- lizing the language of state traffic law,particularly RCW Titles 46 and 47.However,should a question of interpretationarise,the duties of the City shall be interpreted to be limitedtothedutyofamunicipalityintheStateofWashingtonunderthestatutesandcase.law interpretations thereof. Section 3.46.02.030 Severability.If any provisions ofthiscodeortheapplicationthereoftoanypersonorcircum-stances is held invalid,the remainder of the code and theapplicationofsuchprovisiontootherpersonsorcircumstancesshallnotbeaffectedthereby. Section 4-46.02.040 Existing ordinances repealed.Ordinances101,125,148,168,173,194,195,207,243,279,280,492,602,609,610 and all amendments thereof,and all other ordinances or partsofordinancesinsofarasthesameareinconsistentwiththe.pro-visions of this code are hereby repealed, Section 5.46.02.050 Effect on existing rights.The repeal bythiscodeofanyexistingordinanceshallnotreviveanyformerordinancesheretoforerepealed,not affect any right existing oraccrued,or any action or proceeding already taken,except asinthiscodeprovided. Section 6.46.02.060 Saving Clause.-Nothing contained in anyprovisionsofthiscodeshallapplytoanactdoneoromittedortoanyoffensecommittedatanytimebeforethedaywhenthisIcodeshallbecomeeffective.Such act or omission shall begove'rned by,and any such offense shall be punished according to,the provisions of the ordinances existing when such act,omission,or offense occurred in the same manner as if this code had not.been enacted. Section 7.46.02.000 Effect of headings and references.Chapterheadings,tables of contents,and section titles as used in thiscodedonotconstituteanypartofthelaw. Section 8.46.02.090 Existing permits to remain in force.Except as otherwise provided herein,all permits lawfullyissuedundertheprovisionsofanyordinancerepealedby thiscodeshallremaininforceandeffectuntiltheexpirationthereof,unless sooner surrendered or revoked,subject,however,to all other provisions of this code. Section 9.46.02.10Ó Vehicle owner to act in person--Agents.Every act or statement required to be made by the owner oroperatorofanyvehicleshallbemadeordonebytheowner oroperatorofanyvehicleandshallbemadeordonebytheownerinperson,unless such owner is a company or corporation or in- capable of acting in person,and if the same is made or done bytheagent,the necessity thereof shall be stated and shown. Section 10.46.02.110 False representation prohibited.It is unlawful and a violation of this code to make a false statementorrepresentationinanyapplication,statement or report re-quired by this code to be made. Section 11.46.02.120 Advertising--Printing code.It shallR¯ü¯niäniil for any person,firm or corporation to print,pub- lish or distribute any advertising matter whatsoever in connec-tion with this code unless the said code in its entirety beprintedtherein. Chapter 40.04 Definitions Section 12.46.04.010 Statuto adopted.The following statute as hereby adopted by reference. RCW46,04.010 Scope and construction of terms. Section 33.46.04.013 Abandoned automobile hulk.An abando2ied Küfdi olTFE hulk shall memne abandoned remnant or remains of amotorvehiclewhichisinoperativeandcannotbemademechanically operative without the addition of vital parts or mechanisms and the application of a substantial amount of labor to effect repairs, or a motor vehicle which has not been licensed for a period of one year or more, Section 13A.46.04.14 Abandoned TunkMotor Vehicle.An "Abandoned Junk Motor Vehicle"shall mean any motor vehtele substañtially meeting the following requirements: (a)Left on private property for more than seventy-two hours without the permission of the pasen having right to the possession of the property,or &, public street or other property open to the public for purposes of vehicular travel or parking,or upon or within the right of way of any road or highway,for forty-eight hours or longer;and (b)Three years old,or older;and (c)Extensively damaged,such damage including but not limited to any of the following:A broken window or windshield,missing wheels,tires,motor,ortransmission;and (d)Apparently inoperable;and (e)Without a valid,current registration plate;and - '(f)Having a fair market value of fifty dollars or less . Section 14.46,04.017 Abandoned vehicle.An "abandonedvehicle" shall mean any yehicle left within the limits of any highway or upon the property of another without the ,consent of the owner of such property for a period of twenty-four hours or longer except that a vehicle shall not be considered abandoned if its owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance; however a properly licensed operable vehicle shall not be con-sidered abandoned if the vehicle is parked in a legal manner within a designated parking space. Section 15.46.04.020 to 45.04.060 Statutes adoþted.The follow- Ing statutes are hereby adopted by reference. RCW 48.04.020 Alley RCW48.04.030 Arterial highway RCW 46.04.040 Authorized emergency vehicle RCW 40.04.050 Auto stege RCW 46.04.060 Axle Section 16.46.04.069 Bi ole.Bicycle means every device pro- pelled by human power up lih any person may Þide,having two tandem wheels either of which is sixteen (16)inches or more in diameter. Section 17.46.04.072 ßus.Every motor vehicle designed for carrying more than 10 paëTilingers and used for the transportation of persons,and every motor vehicle,other than a taxicab,de- signed and usedfor the transportation of persons for compensation. Section 18.46.04.073 Bus zona."Bus zone"means a designated portion of the street along the curb reserved for loading and un-loading of buses which provide regular servïce within the City of Moses Lake . Section 19.46.04.080 and 45.04.090 Statutes adog.The following statutes are hereby adopted TyTfiññee. RCW46.04.080 Business district RCW46.04.090 Cancel 2 Section 20.46.04.102 Center line."Center line"means theline,marked or unmarked¯¯¯arallel to and equidistant from thesidesofaroadwayofapublichighwayProvided,.that On two-way traffic streets where parking is continuously pro-hibited by signs on one side,the center line shall be a line equidistant from the curb where parking is prohibited and apointeightfeetfromthecurbwhereparkingispermitted; except where otherwise indicated by painted lines or markers. Section 21.46.04.110 Statute adopted.The following statute is hereby adopted by reference.I RCW 46.04.110 Center of intersection Section 22.46,04..117 CL.The term "City"shall mean theCityofMosesLake. Section 23.46.04.123 City street."City street"means everypublichighway,or part thereof located within the limits of theCityofMosesLakeexceptalleysandexceptlimitedaccesshigh- ways designated as State Highways. Section 24.46.04.130 to 46.04.160 Statutes adopted.The following statutes are hereby adopted by reference. RCW46.04.130 Combination of vehiclesRCW48.04.140 Commercial vehicle RCW 46.04.150 County Road RCW46.04.160 Crosswalk Section 25,46.04.162 Danger zone."Danger zone"means thatportionofastreet,the use of which is prohibited or specially regulated or restricted on account of dangerous conditions and ' which is marked by signe,posts,pavement markings,or othersuitabledevices. Section 26.46.04.185 to 46.04.183 Statutes adopted.The statutes are hereby adopted by reference. RCW 46.04.165 .Driveaway-towaway operationRCW46.04.170.Explosives RCW 46.04.180 Farm tractoriRCW46.04.181 Farm.vehicle ROW46.04.182 FarmerRCW46.04.183 Farming Section 27.45.04.187 Fire exit."Fire exit"means thatportionofanystreetcontinguoustoandoppositeanyoutside court,corridor,passage,fire escape,exit or entrance door, or any other place adjacent to,or any door opening in an outerwallofanybuildingcontaining,in whole or in part,anytheater,public auditorium,church,dance hall,or other placeofpublicassemblythroughwhichthepublicmustpasstoleavesuchbuilding;and which is marked as a fire exit. 'SeoYion 28.46.04.188 Fire zone."Fire zone"means an areaofcurbinginthevicinityofchurches,schools,hospitals, theaters,or other public buildings,and an area along curves, narrow streets,and in alleys so provided and so marked tofacilitateunimpededexitfrombuildingsbylargenumbers of persons and to facilitate adequate maneuvering room for fire apparatus at all times. Section 29.46.04.190 Statute adopted.The following statute is hereby adopted by reference. RCW 46.04.190 For hire vehicle. Section 30,46.04.194 Highway."Highway"means the entire width between the boundary lines of every way publicly main- tained when any part thereof is open to the use of the public for purposes of vehicular travel (RCW 46.04.431). I Section 31.46.04.200 to 46.04.260 Statutes adopted.The following statures are hereby adopted by reference. RCW 46.04.200 Hours of darkness RCW46.04.210 Flammable liquid RCW 46.04.220 Intersection areaRCW46.04.230 Intersection center marker RCW 46.04.240 Intersection control areaRCW46.04.250 Intersection entrance marker RCW46.04.260 Laned highway Section 32.46,04.271 Legal owner."Legal owner"means a mortgagee of,or owner of¯¯the legal title to,or holder of asecurityinterestin,a vehicle. Section 33,46.04.277 Loading zone."Loading zone"means adesignatedportionofthestreetreservedfortheexclusiveuseofvehiclesduringloadingandunloadingofpassengersormateri- als. 3 Section 34.46.04.200 to 46.04.350 Statutes adopted.The follow- ing statutes are hereby adopted by referende. RCW46.04.280 Local authorities RCW46.04.290 Marked crosswalk RCW 46.04.300 Metal tire RCW 46.04.310 Mo,tor truck RCW46.04.320 Motor vehicle RCW46.04.330 Motorcycle RCW 46.04.340 Muffler RCW 46.0,4.350 Multiple lane highway Section 35 46.04.360 Statute adopted.The following statute is¯K¯¯¯Ey¯adopted by reference. RCW 46.04.360 Non-resident Section 3&.46.04.364 Official time standard.Whenever certain hours are named herein,or posted on otticial signs,they shall tean standard time or daylight saving time as may be in corrent use in this city. Section 37.46.04.370 Statute adopted.The following statute is hereby adopted by reference. RCW.46.04.370 Operator or driver. Section 38.46.04.371 Owner."Owner"means a person who holds a tïtle of ownership of a vehicle,or in the event the vehicle is subject to an agreement for the conditional sale or lease thereof with a right of purchase upon performance of the condi- tions stated in the agreement and with immediate right of pos- session vested in the conditional vendee or lessee,or in the ' event the vehicle is subject to an agreement by which a security interest in the vehicle is retainegby the vendor or lessor,or in the event a mortgagor of a vehicle is entitled to possession, then any such conditional vendee or lessee,or mortgagor having a lawful right of possession or use and control for a period of ten or more successive days. Section 39.46.04.373 Parade.The term "parade"shall mean any parade,march,ceremony2 show,exhibition,pageant or pro- cession of any kind,or any similar display in or upon any street,park or other pµblic place in the city. Section 40.46.04.374 Parade permit.The term "Parade per- mit"shall mean a permit as required by Section 46.61,709,city of Moses Lake code. Section 41.46.04.376 Park or parking."Park or parking" means the standing of a vehicle,whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers or in obedience to traffic regulations,signs or signals or in- voluntary stopping of the vehicle by reason of causes beyond the control of the operator of the vehicle. Section 42.46.04.377 Parking meter.The words "Parking meter"shall mean and include any mechanical device or meter not inconsistent with this traffic code placed or erected for the regulation of parking by authority of this traffic code.Each parking meter installed shall indicate by proper legend the legal parking time established by the City and when operated shall at all times indicate the balance of legal parking time, and at the expiration of such period shall indicate illegal or overtime parking. Section 43,46.04.378 Parking meter space.Parking meter space shall mean any space within a parking meter zone,adjacent to a parking meter and which is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the curb or .on the surface of the.street adjacent to or ad- joining the parking meters. Section 44.46.04.379 Parking meter zone."Parking meter zone" shall mean and include any restricied street upon which parking meters are installed and in operation, Section 45.46.04.382 to 46.04.405.Statutes adopted.The following statutes are hereby adopted by reference: RCW 46.04.382 Passenger car RCW 46.04.400 Pedestrian RCW 46.04.405 Person 3a Section 48.46.04.408 Planting strip."Planting strip"meansthatportionofahighwaylyingbetweentheconstructedcurb,oredgeoftheroadway,and the property line exclusive of thesidewalkarea. Section 48a.46.04.409 Play street."Play street"means a street,when officially posted with signs indicating that such street is a -play street,that has been temporarily designated by proper auth-ority for the use of persons engaged in any sport,amusement,exeraciseorplay,including the use of any roller skates,sled,co.aster,toy vehicle or similar device,i Section 49.46.04.410 to 46,04.416.Statutes adopted.The follow- ing statutes are hereby adopted by reference. RCW46.04.410 Pneumatie tiresRCW46.04.414 Pole trailer RCW 46.04.416 Private carrier bus Section 50.46.04.417 Police Chief."Police chief,"shall,be inter-changeable with chief of police and means the chief of police of theCityofMosesLake. Section 51.46.04,418 Police officer."Police officer"meanseveryofficerauthorizedtodirector.regulate traffic or to makearrestsforviolationsoftrafficregulations.(RCW 48.04.391) Section 52.46.04.420 to 46.04.480 Statutes adopted..The follow-ing statutes are hereby adopted by reference. RCW46.04.420 Private road or drivewayRCW46,04.435 Public scaleRCW46.04.440 RailroadROW46.04.450 Railroad signs or signal RCW 46.04.460 Registered ownerRCW48.04-.470 Residence district ,RCW 46,04.480 Revoke Secti'on 53.46.04.484 Right-of-way."Right-of-way"means the right of one vehicle or pedestrian to proceed in a lawful mannerinpreferencetoanothervehicleorpedestrianapproachingunder i such circumstances of direction,speed and proximity as to give rise to danger of collision unless one grants precedence to the other. Section 54.46.04.090 to 46.04.521 Statutes adopted.The follow-ing statutes are hereby adopted by reference. RCW 48.04.490 Road tractorRCW46.04.500 Roadway RCW 46,04.510 Safety zoneRCW46.04.521 School bus Section 55.46.04.527 School bus zone."School bus zone"meansadesignatedportionofthestreetalongthecurbreservedfor loading and unloading school buses during designated hours. Section 56.46.04.530 to 46.04.552 Statutes adopted.The following statutes are hereby adopted by reference. RCW 46.04.530 Semitrailer RCW 46.04.540 Sidewalk RCW 46.04.550 Solid tire - RCW 46.04.552 Special mobile equipment Section 57.46.04.556 Stand'or standing."Stand or stand- Ing"means the halting of a vehicle,whether occupied or not, otherwise than for the purpose of and while actually engaged in recèiving or discharging passengers. Section 58.46.04.560 Statute adopted.The following statute is hereby adopted by reference. RCR 46.04.560 State highway Section 59.46.04.563 Stop."Stop"means,when required, complete cessation of movimint. Section 60.46,04.567 Stop or stopping."Stop or stopping" when prohibited,means any halting even momentarily 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. Section 61.46.04.569 Street."Street"means the same as and is interchangeable with "city street". Section 62.46.04.570 and 46.04.580 Statutes adopted.The following statutes are hereby adopted by reference. 4 RCW 48.04.570 Street ear. RCW46.04.580 -Suspend. Section 63.46.04.583 Taxicab."Taxicab"means a motor vehicle sid he carriage ok passengers for hire. Section 64,46.04.585 Statutes adopted.The following statutes are hereby adopted by reference. ROW46.04.585 Temporarily sojourning, Section 66.46.04.590 to 46.04.630 Statutes adopted.The following statutes are hereby adopted by reference. ROW46.04.590 Traffic RCW46.04.600 Traffic control signal RCW46.04.611 Traffic-control devices RCW46,04.620 Trailer RCW46.04.630 Train Seption 67.46504.650 and 46..04.660 Statutes adopted. TKi~f61IBwing statutes are hereby adopte y rererence.' RCW 46.04.650 Truck tractor RCW 46.04.660 Used vehicle Section 68.46,04,663 "U"turn."U"turn means turning a vehicle to permit travel in the opposite direction on the same roadway. Section 69.46.04.670 and 46.04.680 Statutes adopted. Ïhe following statutes are hereby adopted by reference. ROW46.04.670 Vehicle RCW 46.04.680 Director-Department as Chapter 46.08 General Provisions Section 70.46.08.030 to 46.08.190 statutes adopted.The following statutes are hereby adopted by reference. ROW46.08.030 Uniformity of application RCW 46.08.060 Classification as emergency vehicles-- approval of operation RCW 46.08.080 Liability of.host for injury to guest in motor vehicle RCW 46.08.190 Jurisdiction of justices of peace,p lice court,and superior court. Chapter 46.14 Traffic Administration Section 75.48.14.013 Police to Enforce Title.All members of the police decartment are hereby authorized and empowered to en- force the traffic regulations of this city,and all of the state vehicle laws applicable in this city,to make arrests for traffic violations,to investigate accidents and to cooperate with the city traffic engineer and other officers of the city in the administration of this traffic ordinance and in developing ways and means to improve traffic conditions,and to carry out those duties specially imposed upon said department by this ordinance and the traffic ordinances of this city:Provided, that in the event of a fire or other emergency,such officers and officers of the Fire Department and their designees may direct traffic as conditions may require,notwithstanding the provisions ' of this title,and may,when necessary,divert or exclude all such traffic from any street,avenue,or public highway within the City. Section 76.46.14.022 Records of Traffic Violations.The police dã¯ifim¯KT shall keep a record of ail violations of the traffic ordinances af this city,with the exception of.illegal parking or standing violations,and of the state motor vehicle laws of which any person has been charged,together with a record of the final disposition of all such alleged offenses.Such record shall be so maintained as to show all types of violations and the total of 4a each.Said record shall accumulate during at least a 5-year period,and from that.time on the record shall be maintained complete for at least the most recent 5-year period. Section 77.46.14.033 Police department to investigate acci- dents.It shall be the duty of The police department io in- veitigate traffic accidents,to arrest and to assist in the -prosecution of those persons charged with violations of this ordinance causing or contributing to such accidents. Section 78.46.14.043 Traffic Accident Reports.The police department shall maintain a suitable system of filing traffic i accident reports.Such reports shall be available for the use and information of the city traffic engineer. Section 79.46.14.053 Police department to designate method of identifying funeral processions.The police department shall designate a type of pennant or identifying insignia to be dis- played upon,or other method to be employed to identify,the vehicles in funeral processions. Section 80.46.14.063 School patrol authority.The chief'of police is hereby authorized and directed to cooperate with the Superintendent of Schools,the School Board and other school officials in supervising the establishment,organization,train- ing and operation of the school patrol in the City of Moses Lake as authorized .by RCW 46.61.386. Section Bl.46.14.073 Police department to administer permits. The police department shall adiinister aýplication for permits as required by this traffic code as follows: 1.Commercial vehicle loading andybr parking permit in accordance with Section 46.44,153, 2.Parade permit in accordgace with section 46.61.709. 3.Service parking permits and associated parking meter hoods in accordance with Section 46.61.913. 4.Removal of parking meter permit to facilitate con- struction in accordance with Section 46.61.237. Section 82.46.14.083 Police department to administer bicycle licenses.The police department shall administer the bicycle license regulations of Sections 46.61.813 through 46.61.843. Section 83.46.14.093 Police department to regulate parking meters.The police department shall be esponsible for the regu- lation,control,operation,and use of parking meters installed in the parking meter zones established by resolution in accord- ance with Section 46.14.133. Section 84.46.14.103 Office of the city traffic engineer estab- lished.The office of city traffic engineer is hereby enfablíshed. The director of public works shall serve as city traffic engineer in addition to his other functions,and shall exercise the powers and duties with respect to traffic as provided in this ordinance. Section 85.46.14.113 Traffic engiWeer =authority.The city traffic engineer is hereby authorized: |1,To authorize the installation and maintenance of traffic control signs,signals,paint lines,markings, dhannelization,parking meters,and other devices when and as required under the traffic ordinances and resolutions of this city to make effective the provisions of said ordinances and resolutions,and to authorize the installation and maintenance of such additional traffic control devices as he may deem necessary to regulate traffig under the traffic ordinances and resolutions of this city or under state law,,or to guide or warn traffic; I 2.To authorize the installation and maintenance of a stop sign on each and every street intersecting the arterial street system unless traffic at any such .intersection is controlled at all times by traffic signals,or unless the intersecting street is a one-way street designated for travel away from the arterial street:Provided,that when the findings of a traffic engineering study show that.the condi- tion of an intersection is such that vehicles maysafelyenterthearterialstreetwithoutstopping, the traffic engineer may authorize the installation and maintenance of a "Yield"sign; 3.To determine and designate intersections where parti- cular hazards exist upon other than arterial streets and to determine: s a.Whether 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 every such place where a stop is required,or b.Whether vehicles shall yield the right of way -to vehicles on a different street in which event he shall cause to be erected a yield sign at every place where obedience thereto is required; 4.To authorize the installation and maintenance of . stop or yield signs at intersections on the arterial street system where it is determined by , a traffic engineering study that preferential right of way should be assigned to one of the arterial streets at all times:Exceýt when it is determined by a traffic engineering study that preferential right of way should be assigned to an arterial street intersecting with an arterial street designated by the Washington State Highway Commission as form- ing a part of the route of a state highway; 5.To regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner; 6.To determine and designate places not exceeding 100 feet in length in which the stopping,standing,or parking of vehicles would in his opinion create an especially hazardous condition or would cause unusual delay to traffic; 7 To establish safety zones of such kind and character , and at such places as he may deem necessary for protection of pedestrians 8.To establish marked crosswalks where deemed necessary to protect pedestrians; 9.To establish school crossings at locations in the vicinity of schools where routes to be followed by school children have been selected; 10.To determine and designate those intersections at which right or left tu¥ns shall be resteióted'düring certain hours of the day or prohibited at all times, or at which "U"turns shall be prohibited; 11.To establish danger zones; 12.To determine the location of and establish loading zones where practicable,when upon investigation it appears that there are no alley entrances or other similar means of approach to buildings or property and that congested traffic conditions require such mones for the purpose of loading or unloading com-mercial or noncommercial vehicles of merchandise or passengers within the block in which the zones may be established,and in each case to fix the hours during which such zones shall be maintained open for the purpose for which the same are intended; 13.To determine the location of and establish school bus loading zones and in each case to fix the hours .during which such zones shall be maintained-open for the purpose for which the same are intended; 14.To designate the parking space adjacent to each parking meter for which such meter is to be used by appropriate markings upon the pavement and/or curb of the street; 15.-To post appropriate-signs making it unlawful for pedestrians to cross streets in certain crosswalks when such crossing would endanger either pedestrian or vehicular traffic using the street; 16.To establish no passing zones; 17.To establish funeral zones along the curb in any street adjacent to funeral parlors or churches for the purpose of relieving the congestion of traffic attendant to funeral services; 18.To establish along the curb in any street Lear--the municipal building,the fire stations,other city buildings and installations and at such other places as may be reasonably necessary,restricted parking zones for the purpose of facilitating the work of the police,fire and other departments of the city; 6 19.To authorize the installation and removal of temporary traffic control devices necessary for special events, including parades which have been issued a parade per-mit in accordañoe with Section 46.61.209; 20.To temporarily designate any streets,or parts of streets as a play street; 21..To close,or authorize closure,of any street orportionthereoftoanyoralltrafficpursuanttoprovisionsofthiscode; i 22.To authorize the installation of those traffic control measures described in this,code which are not specifically the responsibility of the City Council; 23.To test new or proposed traffic-control devices under actual conditions of traffic;or 24.To conduct engineering analyses of traffid accidents and tö devise remedial measures,to conduct engineering investigation of traffic conditions,to plan the operation of traffic on the.streets and high- ways of the city,and to cooperate with other city officials in the development of ways and means to improve traffic conditions,and to carry out the .additional powers and duties imposed by ordinances of this city. Section 86.46.14.123 Closing of streets or sidewalks by the Director of Public Works.Whenever the condition of any city street or sidewalk,or any portion of either a street or sidewalk, either newly constructed,repaired or improved,or of prior con-struction,or any part thereof is such that its use or continued use by vehicles will greatly damag such street,or sidewalk or portion of either,the Director of Public Works is authorized to close such street,or sidewalk,or portion of either to travel by all,vehicles,or pedestrians,or to ,any class.of vehicles for such period as the Director of Public Works shall determine.: Provided,that before any street is closed to vehicles or anyclassofvehiclesunderthissection,a notice of the date oniandafterwhichthestreetoranyþartthereofshallheclosed, and the period of such closing,and whether it shall be closed to all vehicles or to vehicles of a particular class or classes, shall be published in one issue of a newspaper printed and pub- lished in the City of Moses Lake;and a like notice shall be posted on or prior to the date of publication of such notice,in a conspicuous place at each end of the street or part of said street to be closed;provided,that no such street shall be closed sooner than three days after the publication and posting of the notice herein provided for:Provided,however,in cases of emergency,the city manager may,without publication or delay, close streets temporarily by causing notices to be posted at each end of,and at,all cross streets and all streets leading into, or out from,any street to be temporarily closed. In all emergency cases.as herein provided,the orders of the city manager shall be immediately effective;provided further that in no case of the temporary closure of a street for repairs shall damages be awarded adjacent property owners provided that repairs are completed within a reasonable time. Scotion 87.46.14.135 City Council -authority.The City Council of the City of Moses Lake may,by resolution,afterstudyandreportbythecitytrafficengineerandrecommendationbythecitymanager: 1.Designate any city streets or alleys for one-waytraffic; 2.,Designate a street as an arterial street; I 3.Establish parking meter zones,and prescribe the maxi- mum lengths of time for which vehicles may park intheparkingmeterzone; 4.Designate street arcas where stopping,standing,orparkingshallbe.regulated,restricted,or prohibited; 5.Alter the speed limit on any street from the limitsestablishedinSection46,61.401; 6.Assign preferential right of way to an arterial street over an arterial street designated by theWashingtonStateHighwayCommissionasformingapartofastatehighwayroute;Provided,that said assignment of preferential right of way shall notbecomeeffectiveuntilapprovedbytheWashingtonStateHighwayCommission; 7 7.Establish bus and taxi zones which shall be appropriately marked and maintained and shall be subject to therestrictionsandprovisionsofthistitierelating to such zones; 8.Authorize the installation of traffic signals¡or S.Prohibit the use of any limited access roadway under the jurisdiction by funeral processions,parades, pedestrians,motor-driven cycles,bicycles,.or othernon-motorized.tr haptcer 46.18 Vehicle Licenses Section 100.46.16.500 Statutes adopted.The following statutes are hereby adopted by reference. RCW46.16.010 Licenses and plates required -exceptions RCW46.16.025 Identification device for exempt farm vehicles -application for -contents -fee RCW46.16,030 Nonresident exemption -reciprocity RCW46.16.135 Quarterly license -penalty ROW 46.16.137 Monthly license for transportation of logs -penalty RCW46.16.138 --Penalty for operating vehicle for other purposesROW46.16.140 Overloading·licensed capacity -additional license -penaltiesR0W46.16.145 ----------Penalties. RCW 46.16.170 Gross weight to be marked on vehicle RCW 46.16.180 Unlawful to carry passergers for hirewithoutlicense RCW46.16.240 Attachment of plates to vehicles -violations enumerated • RCW46.16.260 License registration certificate -endorse- ment -attachment to vehicle RCW46.16.380 Decals for certain disabled persons -qualifi- cations -transfer of vehicle -rules - penalty BCV 46,16.500.Liability of operator and/or owner for violations Chapter 46.20 Operators'Licenses Section 110.46.20.011 to 46.20.270 Statutes Adopted.The following statutes are hereby adopted by reference. RCW 46.20.011 Definitions RCW 46.20.021 Driver's license required -surrender of license held from another jurisdiction - other license not required RCW 46.20.025 Persons exempt from licensing requirement RCV 46.20.027 Licenses of persons serving in armed forces to remain in force -duration RCW 46.20.031 Persons ineligiÞle to be licensed RCW 48.20,045 Age limit for school bus drivers and drivers of for-hire vehicles RCW 46.20.190 License to be in immediate possession and displayed on demand RCW 45.20.220 Unlawful renting of vehicle to unlicensed person -rental record RCW 46.20,270 Conviction of mandatory license suspension or revocation offense -procedure -court forward records of convictions - "Conviction"·defined Section 111.46.20.307 Implied consent to submit to chemical tests to determine.aicoholic content of blood. (1)Any person who operates a motor vehicle upon the public highways of this city shall he deemed to have given con- sent,subject to the provisions of Section 46.61.507,to a chemi- cal test or tests of his breath or blood for the purpose of determining the alcoholic content of his blood if arrested for .any offense where,at the time of the arrest,the arresting offi- cer 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.The test or tests shall be administered at the direction of a law enforcement officer having 8 reasonante grounas to believe the person to have been driving orinactualphysicalcontrolofamotorvehicleuponthe.public high- ways of this city while under the influence of intoxicating liquor.Such officer shall inform the person of his right to refuse thetest,and of his right to have additiönal teste administered byanyqualifiedpersonof.his choosing as provided in Section46.61.507.The officer shall warn the driver that his privilegetodrivewillberevokedordeniedifherefusestosubmittothetest.Unless the person to be tested is uncon«cious,thechemicaltestadministeredshallbeofhisbreathonly. (2)Any person who is dead,unconscious .or who is other- wise in a condition rendoring him incapable of refusal,shallibedeemednottohavewithdrawntheconsentprovidedbysub- section (1)of this section and the test or tests may be adminis- tered,subject to the.provisions of Section 46.61.507. (3)If,following his arrest,the person arrested refuses upon the request of a law enforcement officer to submit to achemicaltestofhisbreath,after being informed that his re-fusal will result in the revocation or denial of his privilege to drive,no test shall be given,The law enforcement officer shall forward to the Department -of Motor Vehicles a sworn reportthathehadreasonablegroundstobelievethearrestedpersonhadbeendrivingorwasinactualphysicalcontrolofamotorvehicleuponthepublichighwaysofthiscitywhileundertheinfluenceofintoxicatingliquorandthatthepersonhadre-fused to submit to the test upon the request of the law enforce- ment officer after being informed that such refusal would result in tNe revocation or denial of his privilege to drive. SecYion 112.46.20.336 to 48.20.500 Statutes adopted.The follow- statutes are here by adopted by reference. RCW 46.20.336 Violations -penaltyRCW48.20.342 Driving while license suspended or revoked - penalty -ext'ension of suspension or revoca-tion period RCW 46.20.343 Unlawful to allow unauthorized minor child or ward to drive RCW46.20.344 Unlawful to allow unauthorized persontodrive RCW 46.20.390 ---Petition -procedure -issuance - restrictions -duration -revocationiRCW46.20.400 ---When new operator's license may beobtained-surrender of order and occupa-tianal operator's license RCW 46.20.410 ---PenaltyRCW46.20.420 Operation of motor vehicle prohibited whilelicenseissuspendedorrevokedRCW46.20.430 Stopping of vehicle registered to personwhosedriver's license has been suspended or revoked authorized -display of licenseRCW46.20.440 Operation of vehicles requiring specialskills-additional examination and speciallicenseendorsementrequired-exemption - temporary permit,feeRCW46,20.500 Special endorsement for motorcycle operator's license Chapter 46.32 Vehicle Inspection Section 120.46.32.060 and 46.32,070 Statutes adopted.The following statutes are hereby adopted by reference: RCW 46.32.060 Moving defective vehicle unlawful - impounding authorized RCW 46.32.070 Inspection of damaged vehicle Vehicle Light g ea d40ther Equipment Section 130.46.37.010 to 46.37.600 Statutes adopted.The foilowing statutes are hereby adopted by reference: RCW 46.37.010 Scope and effect of regulations - general penaltyRCW46.37.020 When lighted lamps and signalingdevicesarerequired RCW 46.37.030 Visibility distance and mounted height of lampsRCW46.37.040 Head lamps on motor vehicles RCW46.37.050 Tail lampRCW46,37.060 Reflectore RCR 46 37,070 Stav lamps.and turn signals required 9 RCW 46.37.000 Application of succeedÏng sections RCW 46.37,.090 Additional equipment required on certain vehicles RCW 46.37.100 Color of clearance iamp,side marker lamps,back-up lamps and "reflectors RCW 46.37.110 Mounting of reflectors,.clearance lamps and side marker lamps RCW 46.37.120 Visibility of reflectors,clearance lamps and identification lamps and side marker lamps RCW 48.37.130 Obstructed lights not required RCW46.37.140 Lamps,reflectors,and flags on proŠecting load RCW46.37.150 Lamps on vehicles -parked or stopped vehicles,lighting requirements RCW46.37.160 Lamps and reflectors on farm tractors, farm equipment and implements of husbandry - slow moving vehicle emblem RCW48.37.170 Lamps and reflectors on other vehicles and equipment RCW 46.37.180 Spot lamps and auxiliary lamps RCW 46.37.184 Red flashing lights on fire department vehicles RCW46.37.185 Green lights on fireman's private cars ROW 46.37.186 Fire department sign or plate on private car RCW46.37.187 Green light dign är:-plate -identification card required RCW 46.37.188 Penalty for violation of RCW 46.37.184 through RCW46.37.188 RCW 46.37.190 Red lights on emergency vehicles,school buses, police vehicles -sirens on emergency vehicles - driver's duty to yield and stop --Eluë lights on polica vehicles RCW 46.37.200 Stop lamps and electric turn signals RCW 46.37.210 Additional lighting equipment .RCW 46.37.220 Multiple-beam road-lighting equipment RCW 46.37.230 Use of multiple-beam road-lighting equipment RCW 46.37.240 Single-beam,road-lighting equipment RCW 46.37.250 Lighting equipment on motor-driven cycles RCW 46.37.250.Alternate road lighting equipment RCW 46.37.270 Number of driving lamps required or per- mitted RCW 46.37.280 Special restrictions on lamps RCW46.37.280 Special lighting equipment on school huses -except subsection (1) ROW46.37.300 Standards for lights on snow removal or highway maintenance and service equip- ment -except subsection (1) RCW45.37.310 Selling or using lamps or equipment RCW 46.37.340 Braking equipment required RCW46.37.351 Performance ability of brakes RCW 46.37.360 Maintenance of brakes RCW46.37.366 Hydraulic brake fluid -defined -standards and specifications -except subsection (3) EDW46.37.370 Brakes on motor-driven cycles -except subsections (1)and (2) RCW 46.37.380 Horns and warning devices ROW 40.37.390 Mufflers,prevention of noise and smoke RCW 46,37.400 Mirrors RCW 46.37.410 Windshields must be unobstructed and equipped with wipers RCW 46.37.420 Restrictions as to tire equipment RCW46.37.430 Safety glazing materials in motor vehicles RCW 46.37.440 Certain vehicles to carry flares or other warning devices RCW 46.37.450 Display of warning devices when vehicle disabled - RCW 46.37.460 Vehicles transportiñg explosivès : RCW46,37..470 Air-conditioning equipment -except sub-section (3) RCW 46.37.480 Television viewers RCW 46.37.490 Safety load chains and devices required RCW46.37.500 Splash guards RCW 46.37,510 Seat belts RCW 46,37.520 Beach used vehicles with soft tires - "dunebuggies"-inspection and approval required -fee RCW 46.37.530 Motorcycles -mirrors,goggles,face shields and helmets -regulations and specifications on equipment RCW 46,37.535 Helmet requirements when motorcycle rented RCW 46.37.540 Odometers -disconnecting,.resetting or turning back prohibited. RCW 46.37.550 Odometers -selling motor vehicle knowing odometer turned back unlawful RCW46.37.560 Odometers -selling motor vehicle knowing odometer replaced unlawful RCW 46.37.570 Odometers -selling,advertising,using or installing device which causes other than 10 true mileage to be registeredRCW46.37.580 Odometers -disconnection for accommodationsalesbydealersRCW46.37.590 Odometers -purchaser plaintiff to recovercostsandattorney's fee•,whenRCW46.37.600 Liability of operator and/or owner forviolation ::ad Section 140.46.44.010 to 46.44.120 Statutes adopted.The following statutes are hereby adopted by reïerence: RCW 46.44.010 Outside width limitRDW46.44.020 Naximum height -impaired clearance-signsRCW46.44.030 Naximum lengthsRCW46.44..034 Front and rear protrusionsRúW48.44.036 Combination of units.LimitationRCW46.44.037 Lawful operations -special permits -RCW 46,44.042 Tire factorRCW46.44.044 Wheelbase factor .RCW46.44.045 Penalties for violations.Except forsub-sections (7)and (8)SCE 46.44.046 Excess might.-discretion of arrestingofficerRCW46,44.050 Minimum length of wheelbaseRCW46.44.060 Outside load limits for passenger vehiclesRCE46.44.070 Drawbar requirements -trailer whippingofweaving-towing .flag RCW46.44.090 Special permits for oversize or over-weight movementsROW46.44.091 Gross weight.limitRCW48.44.092 Special permits for oversize or overwèightmovements-overall width limits -applica-tion for permitRCW48.44.093 Discretion of issuer -conditionsRCW46.44.095 Additional gross load -feeiRCW46.44.096 Determining fee -to whom paidRCW46.44.097 Misrepresentations and violations - penalty -display of permit -hearingPCW46.44.100 Enforcement -weighing and lighteningROW46.44.110 Liability for damage to highways,bridges,etc.RCW 46.44.120 Liability of operator and/or owner forviolations Section 141.46.44.133 Certain vehicles to be kept off streetwhennotinuse.No person having charge of:(1)a truck orothermotorvehicleexceedingonetonnetcapacity,excluding .pickups;(2)any commercial,industrial or agricultural equip-ment and/or machinery;or (3)a trailer,unless attached to amotorvehiclebywhichitmaybepropelledordrawn,shallpermitorallowthesametoremainorparkthesameinany street,alley or public right-of-way for a continuous period exceedingfourhours:Provided,that in cas.e of accident such vehicle,equipment or trailer may be moved to the side of the street,alley or public right-of-way,and if good and sufficient redsignalbedisplayedatbothendsthereofduringthehoursofdarkness,may be -permitted ðr allowed to remain for a periodofnote×ceedingtwenty-four (24)hours pending removal pro-vided that the provisions of section 46.61.571 or any otherparkingregulationofthiscodearenotviolated. Section 142.48.44.143 Certain loads prohibited.No personshalldragorhaulanytimberoranyarticlesalongorover anystreetinsuchamannerthataportionofthesameshallrestuponorcomeintocontactwiththesurfaceofsuchstreet;norshallanypersononanypavedormacadamizedstreetlooktheIwheelofanyvehiclebyanymethodwherebyanythingotherthan thetireofsuchwheel,or a smooth shoe-shall come into contactwiththesurfaceofthestreet.No person shall unload a vehicleinanymannerthatwillcausedamagetothesurfaceofthestreet. No person shall haul any manure in any business district. No person shall load or transport any metals or metal vesselsormaterialsinanysuchamannerastocausealoudnoisetothedisturbanceofthepeace. eetbion 14 .46.44.153 Commeycial vehicle parking while loading (1)No person shall angle park while loading or unloading ,any vehicle on any arterial highway except in a loading zone specifi-cally designated and marked for angle parking, 11 (2)On portions of the street where angle parking is alloweditshallbeunlawfultoangleparkavehiclethelengthofwhichexceedstwenty(20)feet over all,exceþt while actually loading orunloadinginaloadingzonespecificallydesignatedandmarkedforangleparking. (3)No commercial vehicle shall stand backed to the curb atanytimeunlessapermitforsuchparkinghasbeenobtainedfromtheChiefofPolice,except as provided in subsection .2 above. (4)No truck or commercial vehicle in excess of twenty (20)feet overall length shall bE parked in a zone designated as a park-ing meter zone except while actually loading or unloading in a loadingzonespecificallydesignatedandmarkedassuch. (5)In addition to the above,all commercial vehicles shallobeytherequirementsofSection46.61.571 and any other ordinancerelatingtoparkingofvehicles. Section 144,46.44.163 Permit application.Application for anypermitrequiredbythischaptershallbemadetotheChiefofPolice on forms provided.for this puroose. Section 145.46.44.173 Loading operations.If the applicationisforapermittostand,park or angle park a vehicle contrary totheprovisionsofthiscode,such application shall show the loca-tion and explain the necessity for the operation,shall explainwhether.the operation may endanger other traffic or prevent it fromusingthestreetandsuchotherinformationasmayberequired. Section 146.46,44.083 Conditions of loading permit.The ChiefofPoliceshallauthorizeandspecifyinpermitsforloadingthehoursunderwhichtheactivitywillbepermitted,.the manner inwhichitshallheperformed,and shall outline any special precau-tions which may.be required to protect the public. e' Chapter 46,52 Accidents-Reports-Ahandoned Vehicles Section 169.46.52.010 and 46.52.020 Statutes adopted.Thefollowingstatutesareherebyadoptedbyreference. RCW 46.52.010 Duty on striking unattended car or otherpropertyRCW48.52.020 Duty in case of injury to or death of personordamagetoattendedvehicle Section 170.46.52.024 Duties upon injury or death to a dog orotheranimal.The operator of a vehicle ïnvolved in an accidentshall.immediately stop the vehicle at or as near to the scene of the.accident as possible,and return thereto,and shall give to theownerorothercompetentpersonhavingcustodyoftheanimalthe name and address of the operator of the vehicle and the registra-tion number of the.vehicle involved in the accident and shall fur-ther make report.of such accident as is in the case of other acci-dents upon the public highways.And,if the owner or such com-petent person having custody.of the animal be not present at the scene of the accident,the operator of said vehicle shall takereasonablestepstolocatetheownerorcustodianofsaidanimal, and supply the information hereinabove required to be given.If-the animal is injured to the extent that it requires immediate medi- cal attention and there be no owner or custodian present to lookafterit,the operator of said vehicle shall immediately call thePoliceDepartmentoftheCityofMosesLakeandreportthesitua-tion fully to that Department. Section 171.46.52.030 to 46.52.100 Statutes adopted.The follow- ing statutes are hereby adopted by reference. RCW 46.52.030 Accident reportsRCW46.52.049 Report when operator disabled RCW 46.52.070'Police officer's reportRCW46.52.080 Confidentiality of reports -information required to be disclosed -evidenceRCW46.52.090 Reports by repairmen,storagemen,andappraisers-violations,penalties RCW46.52.100 Record of traffic charges -reports.of con-Victions by courts -Venue in justice courts - 'driving under influence of liquor or drugs, penalty 12 Section 172.46.52.101 Abandoned,wrecked,dismantled or inopera-tive vehicles declared a publi ¯ñüisance.Abandoned,wrecked,dis-mantled or inoperative vehicles or autómobile hulks or parts thereofonpublicorprivate.property,except as provided for elsewhere inSections46,52.101 through 46.52.132 are hereby declared a publicnuisanceandmaybeabated.It shall be unlawful for any person,firm,or corporation _to place or keep an abandoned vehicle,abandonedautomobilehulk,wrecked,disinantled,or inoperative vehicle,orpartsthereof,upon any public or private property in the City ofMosesLake;or,as owner,occupier,or party in control of any realpropertywithinthecity,to permit or allow any such automobile oriportionthereoftobeplacedorkeptonsaidproperty.Any personviolatingSection46.52.101 through 46.52.132 shall.be guilty ofmaintaininganuisance. Section 173.48.52.104 and 46.52.106 .Statutes adopted.Thefollowingstatutesareherebyadoptedbyreference, RCW 45.52.104 Registered owner transferring vehiclerelievedofliabilityuponcompliance ..with sectionRCW4ß.52.106 Owner of record presumed liable for costswhenvehicleabandoned--exception Section 174.46.52.107 Police Department authorized to removeorimpoundvehicles.The Police Department is herebý aufhorizedtoremoveandimpoundvehiclesfromanypublicstreet,alley orotherþublicplace,or from private propertysin any of the follow-ing circumstances: (1)Any vehicle parked in such a position that it constitutesanobstructiontotrafficorisunlawfullyparkedinanyprohibitedorrestrictedarea,or is parked or so used.as to endanger orlikelyendangeranyuserorpotentialuserofanypublichighway, or is in violation of the traffic grdinances of the City of MosesLakeorofanyruleorregulationpromulgatedinconnectionthere-with by the Chief of Police acting in conjunction with the CityCouncil,is hereby declared to be a nuisance.Such nuisance maybesummarilyabatedbyremovingthe'vehicle by or under the directionofapoliceafficerbymeansoftowingorotherwise. (2)In the event that an operator of a vehicle is arrestediandplacedincustodyandisnotinconditiontodrivethevehicletoaplaceofsafetyandthereis.no other person present who may .properly act as agent -for such operator to drive the vehicle toaplaceofsafety,or the operator of a vehicle is incapacitatedastheresultofanaccidentandisunabletocareforhisproperty,and there is no other person present who may properly act as agentforsuchoperatorinthecareofhisvehicle,any officer at thesceneofsucharrestoraccidentisherebyauthorizedtoprovidefortheremovalofsuchvehicletoaplaceofsafety. (3)When any "abandonedautomobile hulk"or "abandonedve-hiali"as defined in Sections 46.04.013 and 46.04.017 is found onpublicorprivateproperty. All costs incurred by the city in the removal and storageofanimpoundedvehicleshallbealienuponthevehicle.Alltowingandstoragechargesoneachvehicleimpoundedshallbepaidbytheownerorhisagentifsaidvehicleberedeemed.Inthecaseofabandonedvehicles,all costs of removal and storageshallbereceivedfromtheproceedsofsale.The impounding ofavehicleshallnotpreventorprecludetheinstitutionandprosecu-ting of criminal proceedings in the Police Court,or elsewhere,charging the violator with any violation of the law on accountofwhichsuchvehiclewasimpounded. Section 175.46.52.109 Appointment of tow truck operator to dis-pose of vehicles and bulks -bond -compliance required.TheChiefofPolicemayappointanytowingtruckoperatorengaged inremovingandstoringofabandonedmotorvehiclesashîsagentforthepurposeofdisposingofcertainabandonedvehiclesandautomo-bile hulks.Each such appointment shall be contingent upon theisubmissionofanapplicationtotheChiefofPoliceandthemakingofsubsequentreportsinsuchform.and frequency as may be required byruleandregulationandupon.proof of the posting of a surety bondintheamountof$3,000,DO with the Department of Motor Vehicles toensurecompliancewith_RCW 46.52.111 and 46.52.119 and to compensate 13 the owner of any vehicle that has been unlawfully cold af a result of any negligence.or misconduct of the tow truck operator. Any appointment may by cancelled by the Chief of Polief upon evidence that the appointed tow touck operator is not complying with all lawn,rules and regú1ationa relative to the handling and- disposition of abandoned motor vehicles. Section 176.40.52.110 to 45.52.119 Statutes adopted.The follow- Ing statutes are hereby adopted.by reWence, RCW 46.52.110 Stolen.and abandoned vehicles -reports of -. notico -disposition ROW48.52.111 Removal and storage of vehicle or hulk - lien -notices -contents. ACW 46.42.112 Sale of unclained vehicle or hulk - procedure -proceeds -deficiency RCW46.52.113 Vehicle left in garage for storage -when deemed abandoned -notices -disposal RCW48.52.114 Tow truck operator's lien -unclaimed vehicle deemed abandoned RCW 46.52.119 Person owning or in possession of real ,property may have abandoned vehicle removed and impounded -report Section 177.46.52.121 Disposition of abaridened vehicles -when venzeles deemed abandoned -procedure.Any vehicle impounded pur- svant to this code and lett unclawed for a period of fifteen days shall be deemed to.be an abandoned vehicle,and at the ex- piration of such period said vehicle shall he deemed to be in the custody of the sheriff of Grant County,and said sheriff of the county shall deliver the vehicle to a tow truck operator who shall dispose of such vehicle in the manner provided in RCW 4ß.52.111 and 46.52.112,provided,that if the vehicle is of a model year ten or more years prior to the calendar year in which such vehicle is stored,the sheriff of Grant County is .authorized to declare that such vehicle is a publie nuisance,and may dispose of such vehicle without notice of sale,and in such case the director of . motor vehicles shall issue an appropriate bill of Wale to the toW truck operator to dispobe of the vehicle as he may determine. Section 177A-48.52.122 Disposition of Abandoned TankMotor Vehicles. (1)Notwithstanding any other provision of law,the Chief of Police shall 3nspect and mayauthorize the disposal ožan abandoned jonk snotor vehicle.The Chief of Police shall record the make of such motor vehicÎe,the sertal nutaber if . available,and aball also detail the damage or missing equipment to substantiate the value at fifty dollars or less.He shall prepare in duplicate for.each such vehicle an "authorizationtodispuse"on a form provided by the director of the department of motor vehicles.He shall issue to en authorized person desiring to dispose of such vehicle the original copy of such "authorisationto dispose."He shall retain the duplicate for ninety days. (2)The original copy of the "authorizationto dispose"shall be issued only to the following authorized persons: (a)Any person having the right to possession of property upon which the abandoned junk motor vehicle has been left for the required time or any ,governmental unit possessinej jurisdiction over public property open to vehicles, upon which the abandoned junk motor vehicle has been left for the required time, andsuch perwort or governmental unit shall account to the general fund of the county for any moneys received by them from the disposal of any abandoned junk motor vehicle: (b)Any licensed hulk heuler,motor vehicle wrecker or scrap processor possessing a written request from persons or governmental unita de- scribed in (a)above to remove such abandoned junk motot vehicle from such property, (3)Such "authorizationto dispose"may be accepted by a licensed scrap processor,hulk bauler or motor vehicle wrecker for the purpose of acquiring en abandoned junk motor vehicle:PROVIDED,That such acquisition is for the pur- pose of ultimate transfer to and demolition by a licensed scrap processor. Section 178.46.52.123 Investigation of.nuisance hearinds abatement procedures.The Chiet of Pollee an<l the Director of Public Works shall have concurrent responsibility to inspect and investigate complaints relative to wrecked,diamantled,ingperative or abandoned vehicles or abandoned automobile hulks,or parts thereof,on private property.Upon discovery óf such nuisance,the Police Department or public works department shall eiye notice in writing to the last registered owner of record of the vehicle or hulk and also to the property owner of record that a publie hearing may be requested before the Moses Lake city Council withîn 10 days, and that if no hearing is requested,the vehicle,or hulk,will he' removed.Costs of abatement and removal of such vehicles may be assessed against the last registered owner of the vehicle or the automobile hulk if the identity of such owner can be determined, unless such owner in the transfer of such vehicle or hulk has com- plied with RCW 48.52,104 or the costs may be assessed against the owner of the real property on which the vehicle,hulk or parts,are stored and shall constitute a lien thereon. Section 179.46.52.124 Hearing reguired on request..If a request Eng is receivedlTriotTee giving-the time,location and date of such hearing on the question of abatement and removal of 14 the yehicle or part thereof as a public nuisance shall be mailedybycertifiedorregisteredmail,with a five-day return requested,to the owner of the land as shown on the 'last equalized assesumontrollandtothelaatregisteredandlegalownerofrecordunlessthevehicleisinsuchconditionthatidentificationnumbersare'not available to determine ownership. Section 180.46.52.126 Exclusions..This ordinance shall notapplytota)a vehicle,or part thereof2 which is completely en-closed within a building in a lawful manner where it in not visiblefromthestreetorotherpublicorprivatepropertyg(b)a vehicle,or part thereof,which is stored or parked in a lawful manner oniprivatepropertyinconnectionwiththebusinessofalicenseddismantlerorlicensedvehicledealer,whose business is located .'in a proper zone under the 2oning Ordinance,and fenced according-to the provisions of RCW 46.80.130;.or (e)a vehicle,or pa;rtthereof,which is being actively worked upon on.private property withthepermissionoftheownerofsuchproperty,to render the vehicleoperational,Provided,exclusion (c)shall not extend for a totalperiodoftimeexceedingthirty(30)days. Section 181.46.52.127 Property owner may deny yesponsibility.The owner of the land on which the vehicle is located may appearinpersonatthehearingorpresentawrittenstatementintimeforconsiderationatthehearing,and deny responsibility for thepresenceofthevehicleontheland,with his reasons for suchdenial.If it is determined at the hearing that the vehicle wasplacedonthelandwithouttheconsentofthelandownerandthathehas.not subsequently acquiesced in its presence then the CityCouncilshallnotassesscostsofadministrationorremovalofthevehicleagainstthepropertyuponwhichthevehicleislocated.or otherwise attempt to collect such cost from said landowner. Sectîoh 182.46.52.128 Lisposal o.f vehicles.After notice hasbeengivenoftheintentofthecitytodisposeofthevehicleandafterahearing,if requested,has been held,the vehicle or partthereof,shall be removed,at the reque,st of a law enforcement'officers and disposed of to a licensed auto wrecker with.notice totheWashingtonStatePatrolandtheDepartmentofMotorVehiclesthatthevehiclehasbeenwrecked. Section 183.46.52.129 Rules and regulations reTative to the hand-lang and disposing of vehicles -establishment..Any tow truck opera-I tor under contract to the city for the impounding of vehicles shallcomplywithsuchadministrativeregulationsrelativetothehand-ling and disposing of vehicles as may be promulgated by the City ofMosesLakeorthedirectoroftheWashingtonStateDepartmentofMotorVehicles. Section 184.48.52.131 Lien against real property for removal ofvâElile.The City of Noses Lake shall within thirty days afterremovalbytheChiefofPoliceofanabandoned,wrecked,dismantled,or inoperative vehicle from real property,file the recording withthecountyauditoraclaimoflienforthecostofremoval,whichshallbeinsubstanceinaccordancewiththeprovisioncoveringmechanic's liens in Chapter 60.04.RCW and said lien shall he fore-closed in the same manner as such liens. Section 185.46.52.132 Penalty.Any violation of Sections 46.52.101to46.52.131 shall constitute a misdemeanor and,upon conviction,shall be punishable by a fine not to exceed $500.00 or by imprisonmentintheCityorCopntyjailforaperiodnottoexceedsix(6)months,or-by both such fine and imprisonment, Section 196.46.52.133 Unlawful to Abandon TunkedMotor Vehicle.No person shall willfully leave an abandoned junk motor vehicle on private propertyformorethanseventy-two hours without the persmission of the person having therighttopossessionoftheproperty,or on a public street or other property open tothepublicforpurposesofvehiclulartravelorparkingoruponorwithintherightofwayofanyroadorhighway,for forty-eight hours or longer without notificationtotheChiefofPolicedthereasonsforleavingthemotorvehicleinsuchaplace,i Por the purposes of this section,the fact that a motor vehicle has been so.leftwithoutpermissionornotificationisprimafacieevidenceofabandonment. Any person convicted of abandoning a Junk motor vehicle shall be fined not lessthanfiftynormorethanonehundreddollarsandshallalsobeassessedanycostsincurredbythecountyindisposingofsuchabandonedjunkmotorvehicles,lessanymoneysadertungtothecountyfromsuchdisposal. 15 Chapter 46.61 Rules of the Road Obedience to and Effect of Traffic Laws Section 190.46.61,005 and 46.61.010 Statutes adopted.The following statutes are hereby adopted by reference. RCW 46.61.005 Provisions of chapter refer to vehicles uþon the highways -exceptions ROW46.61.010 Required obedience to traffia laws Section 191.46.61.012 Police officers and members of the fire department authorized to direct traffic.Officers of the Police Department or such officers as are assigned by the Chief of Police and members of the Fire.Department are hereby authorized to direct all traffic by voice,hand,or signal in conformance with traffic laws,provided that,in the event of a fire or other emergepcy,or to expedite traffic,or to safeguard pedestrians,officers of the Police Department and members of the Fire Department may direct traffic as conditions may require notwithstanding the provisions of.the traffic laws. Section 292,46.61.016 Obedience to police officers and flagmen. No person shall willfully fail or refuse to comply with any lawful order or direction of any duly authorized.flagman or any police offi- cer or any member of the Fire Department,invested by law with authority to direct,control or regulate traffia. Section 193.46.61.020 to 46,61.000 Statutes adopted.The fol- lowing statutes are he eby adopted by reference: RCW 46,81.020 Refusal to ggve information to or cooperate with officer ROW46.61.025 Persons riding animals or driving animal- drawn vehicles -RCW46.61,080 Persons worki'ng on highways right-of- way -exceptions RCW46.61.035 Authorized emergency vehicles Traffic Signs,Signals and Markings BCW 46.ßl.050 Obedience to and required traffic-control devices RCW 46.61.055 Traffic-control signal legend RCW 46.61.060 Pedestrian-control signals RCW 46.61.DŠS Flashing signals RCW46.61.070 Lane-direction-contral signals RCW46,61.075 Display of unauthorized signs,signals or markings RCW 46.61.080 Interference with official traffic-control devices or railroad signs or signals Section 195.46.61.083 Crossing wet paint lines.It shall be unlawful for any person to operate any vehicle across or along wet paint lines freshly applied by a paint-striping crew when signs pr devices warning of the condition are in place. Section 196.46.61.085 to 46.61.130 Statufen adoWted.*rha follow- ing statutes are hereby adopted by reference. RCW46.61.085 Traffic control signals or devices uponcitystreetsformingpartofstate highways -approval by commission required. Driving on Right Side of Roadway - 0vertaking and Passing - Use of Roadway RCW 46.61.100 Drive on right side of roadway -exceptions RCW 46.61.105 Passing vehicles proceeding in opposite directions RCW 46.61.110 Overtaking a vehicle on the left RCW 46.61.115 When overtaking on the right is permitted RCW 46.61.120 Limitations on overtaking on the left RCW 46.61.125 Further limitations on driving to left of center of roadway RCW46.61.130 No-passing zones Section 197.46.61.136 Driving on one way rdadWays.Upon those streets and parts of streets and in thoše .alleys designated as one- way streets or alleys,by resolution of the City Council,vehicular traffic shall move only in the indicated direction when signs indi- cating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited. 16 Eection 198.46.81.140 to 46.61,155 3tatutes dopted.The followingstatutesareherebyadoptedbyreference. RCW46.61.140 Driving on roadways laned for trafficRCW48.61.145 Following too closely .RCW 48.61.150 Driving on divided highwaysRCW46.61.155 Restricted access Section 199.46.51.1 1 Restrictions on use of controlled-accessroadway.The City Council may by ordinance or resolutïon,.withrespecttoanylimitedaccessroadwayunderitsjurisdiction¿prohibit the use of any such roadway by funeral processions,or byiparades,pedestrians,bicycles or other non-motorized traffic,orbyanypersonoperatingamotor-driven cycle. The City Council upon adopting any such prohibitory 'regulation shall cause to be erected and maintained official signs on thelimitedaccessroadwayonwhichsuchregulationsareapplicable andwhensoerectednopersonshalldisobeytherestrictionsstatedonsuchsigns. Right-of-way Section 200.46.61.180 to 46.61.190 Statutes adopted.The followingstatutesareherebyadoptedbyreference. RCW 46.61.180 Vehicle.approaching intersectionROW48.61.185 Vehicle turning leftRCW46.ßl.190 yehicle entering stop or yield intersection Section 201.46.61.196 Streets and highways designaYed asarterials.The operator of any .motor vehicle entering upon anyarterialhighwayorstreetintheCityofMosesLakefromapublic or private highway,road,streetway,or driveway,shall yield theright-of-way to vehicles on such ar,terial highway or street andshallcometoafullstopthereonwhenandwheresigns,posts orothermarkerssodirectorindicate,or shall yield the right-of- way as provided in RCW 48.81.190 (3),when and where signs,posts or other markers so direct or indiodte.All portions of statehighways,together with all temporary detours thereof within the ·limits of the City of Moses Lake hereby are.designated as arterialhighwayswithinsaidcity,together with such other highways,roadsiorstreetsasmaybefromtimetotimehereafterdetermineduponbytheCityCouncil'and designated by resolution and filed as pro-vided by the laws of the State of Washington. Section 202.46.61.200 to 46.61.240 Statutes adopted.The follow-ing statutes are hereby adopted by reference. RCW 46,61.Ž00 Stop intersections other than arterial maybedesignatedRCW46.61.205 Vehicle entering highway from private road or driveway RCW 46.61.210 Operation of vehicles on approach of authorized .emergency vehicles. Pedestrians'Rights and Duties RCW 46.61.230 Pedestrians subject to traffic regulations RCW46.61.235 Pedestrians'right of way in crosswalksRCW46.61.240 Crossing at other than crosswalks Section 203.46.61.243 Crossing in the business district.No pedestrian shall step into that portion of the street open to movingtrafficatanypointbetweenintersectionsinabusinessdistrict, except at marked crosswalks or other places specially provided. Section 204.46.61.245 and 46.61.250 Statutes adopted.The follow-ing statutes are hereby adopted by reference. RCW 46.61.245 Drivers to exercise careRCW46.61.250 Pedestrians on roadways i Section 205.46.61.253 Obedience of pedestrians to bridge andrailroadsignals. (1)No pedestrian shall enter or remain upon any bridge orapproachtheretobeyondthebridgesignal,gate,or barrier after a bridge operation signal indication has been given. (2)No pedestrian shall.pass through,around,over,or underanycrossinggateorbarrieratarailroadgradecrossingorbridgewhilesuchgateorbarrierisclosedorisbeingopenedorclosed. Section 206,46.61.255 to 46.61.260 statutes adopted.The.follow-ing statutes are hereby adopted by reference. RCW46.61.255 Pedestrians soliciting rides op business. RCW 46.61.260 Driving through safety zone prohibited. 17 Section 207,46.61.265 Blind pedestrians.It shall be unlawful for the driver of any voEEnle t¾nio or upon any crooswalk while there is on .such crosswalk,any pedestrian wholly or partially blind,crossing or attempting to cross the roadway,if such pedes- trian indicates his intention to cross or of continuing on,with a timely warning by holding up or waving a white cane or walking stick.The failure of any such pedestrian so to signal shall not deprive him of the right of way accorded him by other laws. Section 208,46.61.270 Use of device for blind by othefs prohibited. It shall be unlawful for any person who is not wholly or partially blind to use a white cane or walking stick for the purpose of secur- ing the right of way accorded by Section 46.61.265 to wholly or partially blind people. Section 209.46.61.273 Not to obstruct traffic. (1)No person shall be one of a crowd congregated in any street in such a manner as to obstruct traffic,nor refuse to dis- perse when so congregated,upon being requested to ato so by any police officer. (2)No person shall wilEully cause persons to congregate and thereby interfere with or obstruct traffic. (3)No person shall stand or loiter in such a manner as to interfere with or obstruct traffic. (4)No person shall stop or loiter on a street crossing. Turning and-Starting and Signals on Stopping and Turning Section 211.46.61.290 Statute adopted.The following statute is hereby adopted by reference. RCW 46.61.290 Required position and method of turning at intersections. Section 212.46.61.293 Stop when traffic obstructed.No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians,notwithstanding any traffic- control signal indication to proceed. Section 213.46.61.295 Statute adopted.The following statute is hereby adopted by reference. RCW46.61.295 "U"turns on curve or crest of grade prohibited Section 214.46.61.297 "U"turns -restrictions.It shall be unlawful for a person operating a vehicle upon the streets of the city to turn the same so as to proceed in the opposite direction at any point other than a street intersection or street end,or to make such "U"turns at any intersection where "U"turns areprohibitedbythepostingofofficialsigns, Section 215.46.61.300 to 46.61.385 Statutes dopted.The follow- ing statutes are hereby adopted by reference. RCW 48.61.300 Starting parked vehicle RCW 46.61.305 Íurning movements and required signals RCW46.61.310 Signals by hand and arm or signal lamps RCW46.61,315 Method of giving hand and arm signals Special Stops Required RCW 46.61.340 Obedience to signal indicating approach of trainRCW46.61.345 All vehicles must stop at certain railroad grade crossings .RCW 46.61.350 Certain vehicles must stop at all railroad grade crossings. RCW 46.61.355 ¾aving heavy .equipment at railroad grade crossingsRCW46.61.360 Stop signs and yield signs RCW 46.61.365 Emerging from.alley,driveway or building RCW46,61.370 Overtaking and passing school bus RCW46.61.375 Overtaking and passing private carrier bus RDW46.61.385 School patrol -appointment -authority - finance -insurance 18 SPEED RESTRICTIONS Section 216.46.61.401 Basic rule and maximum limits.(1)No person shall drive a vehicle on a highway at ,a speed greaterthanisreasonableandprudentundertheconditionsandhavingregardtotheactualandpotentialhazardsthenexisting.In every event speed shall be so controlled as may be necessary to.avoid colliding with any p.erson,vehicle or other conveyance onorenteringthehighwayincompliancewithlegalrequirementsandthedutyofallpersonstouseduecare. (2)Except.when a special hazard exists that reqûiresilowerspeedforcompliancewithsubsection1ofthissection,the limits specified in this section or established as hereinafterauthorizedshallhemaximumlawfulspeeds,and no person shalldriveavehicleanahighwayataspeedinexcessofsuchmaximumlimits. (a)Twenty-five miles per hour on streets within thecorporatelimitsoftheCityofMosesLake,exceptasprovidedelsewhereinthistrafficcode.- (b)Fifteen miles per hour in any alley,unless alowerspeedisspecifiedbysignspoëtedinsuchalley. (3)The driver of every vehicle shall,consistent withtherequirementsofsubsection1ofthissection,drive at anappropriatereducedspeedwhenapproachingandcrossinganintersectionorrailwaygradecrossing,when approaching andgoingaroundacurve,when approaching a hill crest,when travel-ing upon any narrow or winding roadway,and when special hazardexistswithrespecttopedestriansorothertrafficorbyreasonofweatherorhighwayconditions. Section 217.46.61.416 Increased speed limits.The City Councilmay,by resolution,increase the maximum speed allowed upon arteri-al streets when the findings of an engineering and traffic inves-tigation warrant such increase in speed;Provided,that in nocase'shall the maximum speed be inar'eased above sixty miles perhour. Section 218.-46.61.417 Decreased speed limits.The City Councilimay,by resolution,decrease the maximum speed allowed upon anyportionofastreetwhereit.is deemed inadvisable by means of an engineering and traffic investigation to operate at the maxi-mum speed allowed by this code;Provided,that in no case shallspeedlimitsbelessthantwentymilesperhour. Section 219.46.61.418 Altered speed limits.-when effective.Imy altered limit established as hereinbefore authorized shall beeffectivewhenappropriatesignsgivingnoticethereofareerected.Such maximum speed limit may be declared to be effectiveatalltimesoratsu¢h times as are indicated upon such signs;and differing limits may be established for different times ofday,different types of vehicles,varying weather conditions, ,and other conditions,and other factors bearing on safe speeds,which shall be effective when posted upon appropriate fixedorvariablesigns. Section 220.46.61.425 to 46.61.500 Statutes adopted.The follow-ing statutes are here by adopted by reference. RCW48,61.425 Minimum speed regulation RCW48.61.430 Authority of state highway commission tofixspeedlimitsonlimitedaccessfaci-lities exclusive--local regulations.RCW46,61.435 Local authorities to provide "stop"signsatintersectionswithincreasedspeedhighways--designated as arterials.RCW46.81.440 Maximum speed limit when passing school or playground crosswalksRCW46.61.445 Due care requirediRCW46.61.450 Maximum speed,weight or size in traversingbridges,elevated structures,tunnels,underpasses--gosting limits.RCW 46.61.455 Vehicles with solid or hollow cushion tiresRCW46.61.450 Special speed limitation on motor-drivencycleRCW46.61.465 Exceeding speed limit evidence of recklessdrivingRCW46.61.470 Speed traps outlawed--measured coursesRCW46,61.475 Charging violations of speed regulations 19 RECKLESS DRIYING,DRIVING WHILE INTOXICATED AND NEGLIGENT HOMICIDE BY VEHICLES RC,W46,61.500 Reckless driving -except subsection (2) Section 221.46.61.507 Persons under influence of intoxicating liquor -presumptions -evidence -chemical tests -information concerning igets.(1)It is unlawful for any person who is under tEe influence of or affected by the use-of intoxicating liquor or of any narcotic drug to drive or be in actual physical control of a vehicle within this city. (2)Upon the trial of any civil or criminal action or pro- ceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor,the amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of his blood,breath or other bodily substance shall give rise to the following pfesumptions: (a)If there was at that time 0.05 percent or less by weight of alcohol in the person's blood,it shall be presumed that he was not under the influence of intoxicating liquor. (b)If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood,such fact shall not give rise, to any presumption that the person was or was not under the influence of intoxicating liquor,but -such fact may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor. (c)If there was at that time 0.10 percent or more by weight of alcohol in the person's blood,it shall be presumed that he w,as under the influence of -intoxicating liquor. (d)Percent by weight of.alcohol in the blood shall be based upon milligrams of alcohol per one hundred cubic centimeters of blood. (e)The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence hearing upon the questian whether the person was under the influence of in- toxicating liquor. (3)Chemical analysis of the person's blood or breath to be considered valid under the provisions of this section shall have been performed according to methods approved by the state toxi- cologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. (4)When a blood test is administered under the provisions of Section 46.20.307,the withdrawal of blood for the purpose of determinîng its alcoholic content may be performed only by a. physician,a registered nurse,or a qualified technician.This limitation shall not apply to the taking of breath specimens. (5)The person tested may have a physician,or a qualified technician,chemist,registered nurse,or other qualified person of his own choosing administer a chemical test or tests in addi- tion to any administered at the direction of a law enforcement officer.The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer. (6)Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement offi- cer,full information concerning the test or tests shall be made available to him or his attorney. Section 222,46.61.511 Persons under the influence of drugs. It is unlawful and punishable as provided in Section 46.61.516 for any person who is an habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug to a degree which-renders him incapable of safely driving a vehicle to drive a vehicle within this city.The fact that any person charged with a _violation of this seetíon is or has been entitied to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section. Section 222a.46.61.518 Driving while under the influence of intoxicating liquor or drugs y þenalties.(1)Every person who is convicted of a violation of (a)driving a motor.vehicle while under the influence of intoxicating liquor or (b)driving a motor vehicle while under the influence of a narcotic drug,or'under the influence of any other drug to a degree which renders .the driver incapable of safely driving a motor vehicle shall be punished by imprisonment for not less than five days nor more than six months,and by a fine of not less than fifty dollars nor more than.five hundred dollars. (2)On a second pr subsequent conviction of either offense I within a five year period he shall be punished by imprisonment for not less than thirty days nor more than six months and by a fine of not less than one hundred dollars nor more than five hundred dollars,and neither the jail sentence nor the fine shall . be suspended.If such person at the time of a second or subse- quent conviction is without a license or permit because of a pre- vious suspension or revocation,the minimum mandatory sentence shall be ninety days in jail and a two hundred dollar fine.The penalty 'so imposed shall not be suspended. Section.223,46.81.525 Statute adopted.The following 'statute is hereby adopted by reference: RCW 46.51.525 Operating motor vehicle in a negligent manner. Section 223-A 46.61.531 Racing or speed tests--Prohibited. Ro'person or persons shall race any motor vehicle or motor vehicles upon any public highway,street,alley or thoroughfare of the City of Moses Lake or upon any private property located within the corporate limits of the city without first having obtained the permission of the Chief of Police of the citÿ.Any person or persons guilty of comparing or contesting relative speeds by the simultaneous operations of motor vehicles shall be guilty of reckless driving whethef or not such speed is in excess of the maximum speed provided by law for the point of operation- Provided:the Chief of Police of the Moses Lake Police. Department may upon application of .interested party or parties, grant permission to conduct motor vehicle racing upon private property within the corporate limits of the city which permit shall be in such form as the Chief of Police may designate and I which permit shall specify the time,place and hours during whîch such motor vehicles may be contested,and may further provide certain other conditions which in the discretion of the Chief of Police may be necessary to preserve or protect public safety, health,or welfare. Section 223-B 46.61.535 Statute adopted.The following statute is hereby,adopted by reference. RCW46.61.535 Advertising of unlawful speed attáined, reckless driving. STOPPING,STANDING AND PARKING Section 224.46.61.571 Stopping,standing or parking prohibited in specified places.(1)Except when necessary to avoid conflict with other traffia,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 or over a sidewalk in a sidewalk area¡ l (lii)Within an intersection) (iv)On or over a crosswalk; (v)Between a safety z'one 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 or withiÃ.sÊ×feet of either rail of railroad tracks 21 .(ix)On a planting strip:Provided,it shall be permissible to stop,.stand,park or angle park a vehicle in such strip on a street.serving only a commercial,manufacturing or industrial area and when such strip is not planted,or where said planting strip is paved.Said paved area, when constructed.at sidewalk grade shall be served by regulation concrete driveways.Said paved area, when constructed at roadway grade,shall be subject to the posted parking prohibitions applying to.the adjacent roadway,except where vehicles parked therein do not interfere with traffic movement on the adjacent roadway; (x)Upon or along-any street,when traffic will be un- reasonably obstructed,notwithstanding that such vehicle may be otherwise legally stopped,standing or parked; (xi)In a bus or stage zone other than authorized buses and stages;Provided,such zones may be used for expeditious loading or unloading of passengers or other vehicles only if and when such mones are not occupied or about to be occupied by the authorized vehicle; (xii)Within two hundred feet of fire apparatus stopped in .answer to a fire alarm; (xiii)Within any fire zone; (xiv)Within .any space reserved for taxicabs,other than .taxicabs; (xv)Where parking meters age hooded;. (xúi)In any garage,parking area or other property owned and operated by the city,where signs prohibit such parking,without lawful'authority or permission; (xvii)Within an alley in such position as to block the driveway entrance to any abutting property;or (xviii)At any place where official signs prohibit stopping. (b).Stand or park a vehicle,whether occupied or not,except somentarily to pick up or discharge a passenger or passengers; (i)In front of a public or private driveway or alley or within five feet of the end of the curb radius leading thereto; (ii)Within fifteen feet of a fire hydrant; fiii)Within twenty feet of a crosswalk; (iv)Within thirty feet upon the approach to any flashing signal,stap signs,yield signs or traffic-control signal located at the side of a roadway;Provided, that the foregoing shall not apply where designated parking meter zones or specifically marked parking stalls indicate otherwise; (v)Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of said entrance; Ill 22 (vi)Within any space signed and marked as a fire exit; (vii)In-loading zone during the hours the zonerestriction.is in effect;Provided,thatvehiclesmaystandorbeparkedinaload zone for the purpose of expeditious unloadingandloadingofmerchandiseorpassengersdur-ing the hours the zone restriction is in effect,and then in no case shall the stop for loading ori.unloading of merchandise or passengers exceedthirtyminutes; (viii)In any space reserved for vehicles for hire; Provided that authorized vehicles may stand or park in such space; (ix)In a funeral zone;Provided,that funeral monesshallbereservedprimarily-for the use ofvehiclesbeingusedinconnectionwithafuneralincludingvehiclesownedandoperatedbymembersoftheimmediatefamilyofthedeceased.Signs,approved by the City Engi- neer and furnished by the management of the funeral parlor or church adjacent to any such mone,shall be placed on the planting stripimmediatelyadjacenttosuchzone.Duringalltimeswhensuchsignsarepostednopersonshallstop,stand or park any vehicle,other than those mentioned above,in any such funeral zoneexcept.for the purpose of loading or unloading persons or commodities used in connection with the funeral; (x)In a city vehicle zone,except city.owned vehicles;or (xi)At any place where official signs prohibit stading. (c)Park a vehicle,whether occupied or not,excepttemporarilyforthepurposeofandwhileactuallyiengagedinloadingorunloadingmerchandiseorpassengers; (i}Within fifty feet of the nearest rail of a-railroad crossing; (ii)In any alley except while actually loading orunloadingthesame;Provided,that trucks,express vehicles or properly marked commercial vehicles may park in alleys for such time,notinexcessofthirty(30)minutes,as may benecessary.for the expeditious loading or un-loading of such vehicles or the delivery or pick- up of articles or materials,Provided further,that it shall be unlawful for any person to stop or park a vehicle in such alley in such a manner or under such conditions as to leave available less than ten (10)feet of the width of theroadwayforthefreemovementofvehiculartraffic¡ (iii))Upon any street,îf said vehicle has been leftinthecareoftheowneroroperatorofanypark-ing lot or garage,or his agent;the provisions of this Section shall be applicable whether anyconsiderationhasbeenpaid,directly or indirectly, by the person leaving a motor vehicle in the care or custody of such owner or operator,or his agent¿ (iv)Upon any street for a period exceeding 72 hours.Any vehicle violating this section will be con-I sidered abandoned.and will be subject to impound-îng as provided in Section 46.52.107 i (y)Upon the paved portion of any street when the , center of such street is unpaved and designedforparking,or on the paved portion when only onesideispaved;or (vi)At any place or time where official signs prohibitparking. (2)Parking or standing shall be permitted in the mannerprovidedbylawatallotherplacesexceptatimelimitmaybeimposedorparkingrestrictedatotherplaces. (3)No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such adistanceasisunlawful. 1 23 Section 225.46.61.672 Obedience to an,1e-parking sig.ns or markings.Upon those šTFe¾h have De 1 òBarked for angIñ parking,no person shall park or stand a vehicle other than at the angle to the curb or edge of the readway indicated by such signs-or markings. Section 226.46.61.573 Parking for certain purposes prohibited. No person shall park a vehicle upon any roadway for the purpose of: (1)Displaying such vehicle for sale or for advertising services for vehicles. (2)Repairing such vehicle except repairs necessitated by an emergency. Section 227.46.61.575 Statute adopted.The following.statute is hereþÿ adopted by reference. ACW46.61.575 Additional parking regulations Section 228.46.61.576 Stopping,standing and parking of buses and taxicabs regulated.(1)The driver of a bus shall not stand or park such vehicle upon any street at any place other than a bus stand so designated as provided herein. (2).The driver of a bus shall not stop such vehicle upon any street at any place for the purpose of loading.or unloading passengers or their baggage other than at a bus stop,bus stand, or passenger loading zone so designated as provided herein,except in case of an emergency. (3)The driver of a bus shall enter a bus stop,bus stand, or passenger loading zone on a public street in such a manner that the bus when stopped to load or unload passengers or baggage shall he in a position with the right fuent wheel of such .vehicle not further than 18 inches from the curb and the bus approximately carallel to the curb so as not to impede unduly the movement of other vehicular traffic. (4)The driver of a taxicab shall not stand or park such vehicle upon any street at any place other than in taxicab stand so Í designated as provided herein.This provision shall not prevent the driver of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers. Section 229.46.61.577 Regulations-not exclusive.The provisions of this ordinance imposing a time limit on parking shall not re- lieve any person from the duty to observe other and more restric- tive provisions prohibiting or limiting the stopping,standing, or parking of vehicles in specified places or at specified times. Section 280.46.61.578 Officers and meter maids authorized to mark vehicles.The officers or meter maids in charge of the en- Section 46.61.571 and Sections 46.61.903 through 46.61.963 shall be,and hereby are authorized to mark such vehicles parked from time to time to aid in the enforcement of Section 46.61.571 and Sections 46.61.903 through 46.61.963.Such mark shall be by chalk upon the tires of said vehicles or by some other convenient method but which will not be injurious to or damage such vphicle.The marks so placed upon any such vehicle shall not be interfered with,concealed,obliterated or erased by any person other than a police officer or meter maid of the City of Moses Lake while the same shall remain parked or.stand- ing at the.place where so marked.Said standing or parking under the provisions of Section 46.61.571 and Sections 46.61.903 and 2 46.61.963 shall he deemed continuous despite any movement of said vehicle unless said vehicle is moved sufficiently to pass through or across a street intersection.Such movement is deemed to be the termination of any parking or standing period. Section 231.46.61.580 Statute adopted.The following statute is hereby adopted by reference. RCW 46.61.580 Special parking privileges for certain disabled persons -display of decal - prohibited areas. Section 232.46.61.581 Parking prohibited d:all times on certain streets.When signs are erected giving notice thereof,no person shall park a vehicle at any time upon any street where such signs are erected. 24 Section 233.46.6).582 Stopping,.standing,or parking prohibitedduFingcertainhoursoncertáinstreeks..When signs are erectedineachblockgivingnoticethereof,no person shall stop,stand,or park a vehicle between the hours specified ın such signs ofanydayexceptSundaysandpublicholidayswithinadistrict-oruponanystreetwheresuchsignsareerected."Public.holidays"within the meaning of this section embrace only days for NewYear's Day on the first day of each new year;for the observanceofthebirthofGeorgeWashingtononthethirdMondayofFebruary;for Memorial (Decoration)Day,on the last Monday of May;fortheanniversaryoftheDeclarationofIndependence-of the .FourthofJuly;for Labor Day on the first Monday in September;forVeterans'Day on the fourth Monday of October;for ThanksgivingDayonthedatefixedfortheobservancethereofbytheGovernorofthestateofWashington;and for Christmas Day on the twenty-fifth day of December.If any of these.public holidays fallsuponanySunday,the day next following such date shall be theholidaytherefor. Section 234,46.61.586 Parking time limited on certain s,treets.When signs are erec_ted in each block giving notice thereof,.no person shall park a vehicle for longer than the hours specifiedonsuchsignsatanytimebetweenthehoursspecifiedonsuchsignsofanydayexceptSundaysandpublicholidaysspecifiedinSection46.61.582 within a district or upon any street wheresuchsignsareerected. Section 236.46.61.588 Parking prohibited during special events.When signs are erected in each block giving notice thereof,nopersonshallparkavehiclebetweenthehoursspecifiedandonthedaysspecifiedonsuchsignserectedfor.special events uponanystreetwheresuchsignsareerected. Section 237..46.61.589 Parking signs required.Whenever bythisoranyotherordinanceorremplution,or order of the citytrafficengineeranyparkingtimelimitisimposedorparkingîsprohibitedondesignatedstreets,appropriate signs shall beerectedgivingnoticethereof,and no such regulations shall beeffectionunlesssaidsignsareordatedandinplaceatthetimeofanyallegedoffense,except the provisions of Subsection46.61.571 (1)(c)iv, i .Section 238.46.61.594 Right-of-way for parking.The motoristwhofirstbeginsmaneuveringhisvehicleintoavacantparkingspaceshallhaveapriorright-of-way to park in such place anditshallbeunlawfulforanotherdrivertoattempttodeprivehimthereofbyblockinghisaccessorotherwise.For the purposeofestablishingright-o£-way in this section it shall be con-sidered proper to back into any but a front-in angle parking space. MISCELLANEOUS RULES Section 240,46.61.600 and 46.61.605 Statutes adopted.Thefollowingstatutesareherebyadoptedbyreference: RCW 46.61.600 Unattended motor vehicleRCW46.61.605 Limitations on backing Section 241.46,61.608 Temporary suspension of restrictionsforparadesorpublicdemonstrations.The provisions of RCW46.311730 and 46.61.610 through 46.61.612 may be temporarilysuspendedbytheChiefofPolice,or his designee,with respecttotheoperationofmotorcycleswithin.their respective juris-dictions in connection with a parade or public demonstration. Section 242.46.61.610 to 46.61.612 Statutes adopted.Thefollowingstatutesareherebyadoptedbyreference. RCW 46.61.610 Riding en motorcyclesRCW46.61.611 -----Maximum height for handlebarsRCW46;61.612 -----Both feet not to be on same side.I Section 243.46.61.614 Motorcyöles on sidewalks prohibited.Itshallbeunlawfulforanypersonto¯ride any motorcycle or othermotorvehicle,upon or along any sidewalk or upon or along anyfootpathinanyparkwithintheCityofHosesLake. Section 244.46461.615 to 46.61.685 Statutes adopted.The.following statutes are hereby adopted by reference. RCW46.61.615 Obstructions to driver's view or drivingmechanism.RCW46.61.620 Opening and closing vehicle doorsRCW46.61.625 Riding in trailersRCW46.61.630 Coasting prohibitedRCW46.61,635 Following fire apparatus prohibitedRCW46.61.640 Crossing fire hose 25 RCW46.61.645 Throwing or depositing glass,etc.,on highway prohibited -removal RCW 46,61.650 Throwing.or dropping glass or debris,etc., upon or along highways,parks,beaches orwaters--penalty--suspensich of penalty conditioned upon removal of debrîs .RCW 46.61.655 Permitting escape of load materials RCW 46.61.660 Carrying persons or animals on outside part of vehicle RCW46.61.665 Embracing another while driving RCW46.61.670 Driving with wheels off roadway RCW46.61.675 Causing or permitting vehicle to be unlawfully operated RCW46.61,680 Lowering passenger motor vehicle below legal clearance--penalty RCW 46.61.685 Leaving children unattended in standing vehicle with motor running--penalty Section 245,46.61.688 Explosives and inflammables.The trans- portation of all explosives and inflammables within the City of Moses Lake shall be in strict accordance with the rules and regu- lations established by the Washington State Patrol under the authority of RCW 46.48.170. Section.246,46.61.692 Use of coasters,roller skates and toy vehicles.It shall be unlawful for any person upon roller skates, or riding in or by means of any coaster,toy vehicle or similar device,to go upon the roadway of any street except while crossing such roadway at a crosswalk,or to engage in any sport,amusement or exercise or play in the roadway of any street,except when such street is.designated and posted as a play street. Section 247.46.61.693 Dripping oil,etc.,on streets.No oil, gasoline or like fluid shall be spilled or allowed to drop from . any vehicle on any paved street or public way in the City of Moses Lake.If the spilling of oil,gasoline or like fluid creates a fire hazard,any peace officer or member of the fire department is authorized to provide for the removal of the vehicle,from which such oil,gasoline or like fluid is spilled.or dropped,to a place of gafety under the provisions of Section 46.52.107. Section 248.46.61.894 Vehicles not to be driven on sidewalk or planting strip.No person shall drive any vehicle on or across any curb,sidewalk,sidewalk area or planting strip except at a permanent or temporary driveway.For such temporary crossing the curb op sidewalk shall be covered with two-inch planks not less than eight feet in length and the outside edges of the sidewalk.or curb shall be protected with planks.or timbers,so as to prevent contact with the sidewalk or curb.All such planks,timbers,and other obstructions shall be removed from the street,curb or sidewalk when and as soon as such crossing is not in actual use, and no planks or timbers or other obstructions shall be allowed to remain on the street,curb or sidewalk between the hours of sunset and sunrise. Section 249.46.61,696 Park rules and regulations.Whenever the parks and recreation department of the City of Moses Lake shall , prescribe rules or regulations as to the use of any path or walk lying within the limits of any city park,it shall he unlawful for any person,firm or corporation to violate any such rule or regulation;Provided,notice thereof shall be given to the public by the display of a .reasonable sign. Section 250.46.61.597 Play streets.Whenever authorized signs - ¯F¯¢ñi2tid 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 area,and then any said opera- tor shall exercise the greatest care in driving upon any such street or portion thereof. Section 251.46.51.698 Unnecessary motor noise--prohibited. It is unlawful for any person to "tune up"or "race"the engine of any motor vehicle on any street.The object of this provi- sion is to prohibit loud or distressing noises. Section 251a.46.61,699 Trains obstructing traffic--ten minute limii.It shall be unlawful to cause or permit iny raiinoad car or locomotive to remain at the crossing of any street,avenue, highway or public route of travel in the City of Moses Lake so as to obstruct traffic.or travel on said street,avenue,highway or public route of travel for any longer period than ten 610) consecutive minutes at any one time. Section 252.46.61.700 Statuté adopted.The following statute- is hereby-adopted by reference: RCW 46.61.700 Parent cn?guardian shall not authorize or permit violation by a child or ward 26 PARADES AND PROCESSIONS Section 253.46.61.701 Short title.Sections 46.61.701 through46.61.743 shall be known and may be cited as the,"Parade Ordinances of the City of Moses Lake." Section 254.46.61.709 Permit required.No person shall ängagein,participate'.ins,aid,fann or start any parade,as defined in Section 46.04.373 unless a parade permit shall have been obtained from the Chief.of Police. I Section 255.46.61.711 Issuance of permit, A.FILING.A person seeking issuance of a paradepermitshallfileanapplicationwiththeChief of Police on forms provided.by such officer. B.FILING PERIOD.An application for a parade permit .shall he filed with the Chief of Police not less than twelve days nor more than sixty days before the date on which it is proposed to conduct.the parad.e: -Provided,the Chief of Police,where good cause is shown therefor,shall have the authority to consider any application hereunder which is filed more -than twenty-four hours before the time such parade is proposed to be conducted. C.CONTENTS.The application for a parade permit shall set forth the following information: (1)The name,address and telephone number of the person seeking to conduct such parade. (2)If the parade is proposed to be conducted for,on behalf of,or by an organization,the name,address and telephone number•of the hcadquarters of the organization,and of the authorized responsible heads of such organization. (3)The name,address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct.i -(4)The d,ate when the parade is to be conducted. (5)The route to be traveled,the starting point and the termination ýoint. (6)The approximate number of persons who,and animals and vehicles which,will constitute such parade, the type of animals and description of the vehicles. (7)The hours when such parade will start and terminate. (8)A statement as to whether the parade will occupyalloronlyaportionofthewidthofthestreets proposed to be traversed. (9)The location by streets of any assembly areas for such parade. (10)The time at which units of the parade will begin to assemble at any such assembly area or areas. (11)The interval of space to be maintained between units of such parade. (12)If the parade is designed to be held by,and on behalf of or for,any person other than the appli- cant,the applicant for such permit shall file with the Chief of Police a communication in writing from the person proposing to hold .the parade,author- izing.the applicant to apply for the .permit on his . I behalf. (13)Any additional infor.mation which the Chief of Police shall find reasonably necessary to a fair determina- tion as to whether a permit should be issued. Section 258.46.61.712 Standards for issuance.The Chief of Police shall approve a permit as provided for hereunder when,from a consideration of the application and from such other information as may otherwise be obtained,Iva finds that: A.The conduct of the parade will not substantially in- terrupt the safe and orderly movement of other traffic contiguous to its route. B.The conduct of the parade will not require the diver- sion of so great a number of police officers of the City to properly police the line of movement and the .areas contiguous thereto as to prevent normal police protection to the Citv. 27 C.The conduct of such parade will not require the diver- sion of so great a number of ambulances as to prevent norinal ambulance service to portions of the City other than that to be occupied by the proposed line of march and areas contiguous thereto. D.The concentration of persons,animals and vehicles at assembly points of the parade will not unduly inter- fere with proper fire and police protection of,or ambulance service to,areas contiguous to such assembly areas. E.The conduct of such parade will not interfere with the movement of fire-fighting equipment enroute to a fire. F.The conduct of the parade.is not reasonably likely to .cause injury to persons or property,to provoke dis- orderly conduct or create a disturbance. G..The parade is schedule to move from its point of origin to its point of termination expeditiously and without unreasonable delays enroute. H.The parade is not to be held for the sole purpose of advertising any product,goods or event,and is not designed to be held purely for private profit. I.In the event an application for a parade permit is received less than twelve days before the date on which it is proposed to conduct the parade,the City can reasonably arrange .for the necessary street closures,police protection,fire protection or other - activities necessary for the safe and expeditious con- duct of the parade.. Section 257.46.61.719 Action on ppplication--Notice of dis- approval.The Chief of Police shall act upon the application for a parade permit within three days after the filing thereof.If the Chief of Police disapproved the application,he shall mail to the applicant within three days After the date upon which the application was filed,a notice of his action,stating the rea- sons for his denial of the permit. Section 258.46.61.721 Appeal procedure.Any person aggrieved shall have the right to appeal the denial of a parade permit to an appeals board consisting of the mayor,city manager and city attorney.The appeal shall be taken within two days after notice of disapproval.The.appeals board shall act upon the appeal within three days after its receipt. Section 259.46.61.722 Alternative permit.The Chief of Police in denying an application for a.parade permit,shall be empowered to authorize the conduct of the parade on a date,at a time,or over a route different from that named by the applicant.An applicant desiring to accept an alternative permit shall,within five days after notice of the action of the Chief of Police,file a written notice of acceptance with the Chief of Poiice.An alternate parade permit shall conform to the requirements of, and.shall have the effect of a parade permit under Sections 46.61.711 and 46.61.712. Section 260.46.61.727 Notice to city.officials.Immediately upon ïssuance of a parade permit,the Chief of Pólice shall send a copy thereof to the following: A.The City Manager B.The Fire Chief C.The director of the department of public works. Section 261.46.61.735 Compliance with conditions and laws A.A permitee hereunder shall comply with all-permit directions and conditions,and with all applicable laws and ordinances. 8.No person shall unreasonably hamper,obstruct or impede,or interfere with any parade or parade assembly or with any person,vehicle or animal participating or used in a parade or any funeral procession. 28 C.No driver of a vehicle shall drive between the vehicle or persons comprising a parade or funeral procession when such vehicles or persons are in motion and areconspicuouslydesignatedasaparade. D.No person shall park a vehicle on a street in viola-tion of temporary signe areated to restrict theparkingofvehiclesalongaparaderoute..Vehiclesinviolationofthissubsectionshallberemoved in accordance with Section 46.52.107. Section 263..46.61.743 Funeral processions.Any person desiring to conduct a funeral procession shall not be required to comply with the provisions of Section 46.61.701 through 46,61.736 except that the applicant ehall make oral application to the Chief of Police or his duly authorized assistant one day in advance of the procession..The Chief of Police or his duly authorized assistant shall grant the applicant oral permission to conduct such funeral procession designating the route to be traveled. OPERATION OF BICYCLES AMD. PLAY.VEHICLES Section 264.46.61.755 to 46.61.780 Statutes adopted.The following statutes are hereby adopted by reference. ROW46.61,755 Traffic laws apply to persons riding onbicycles RCW 46.81.760 Riding on bicycles ROW46.61.765 Clinging to vehicles RCW 46.61.770 Riding on roadways and bicycle paths RCW 46.51.775 Carrying articles RCW46.61.780 Lamps and other equîpments on bicycles Section 265,46.61.783.Obedience.,to traffic control devices. Any person operating a bicycle shail obey the instructions of official traffic-control signals,signs and other control de- viges applicable to vehicles,unless otherwise directed by apoliceofficer.. Whenever authorized signs are erected indicating that noirightorleftorUturnispermitted,no person operating abicycleshalldisobeythe.direction of any such sign,exceptwheresuchpersondismountsfromthebicycletomakeanysuch turn,in which event such person shall then obey the regulations applicable to pedestrians. Section 266.46.61.787 Speed..No person shall operate a bicycle at a speed greater then is reasonable and prudent under the condi- tions then existing. Section 267.46.81.793 Emerging from alley or driveway.The opebator of a bicycle emerging from an alley,driveway or build- ing,shall upon approaching a sidewalk or the sidewalk area ex-tending across any alleyway,yield the right-of-way to all pedes-trians approaching on said sidewalk or sidewalk area,and uponenteringtheroadwayshallyieldtheright-of-way to all vehicles approaching on said roadway. 'Section 268.46.61,803 Parking.No person shall park a bicycle upon a street other than upon the sidewalk in a rack to supportthebicycleoragainstabuildingoratthecurb,in such mannerastoaffordtheleastobstructiontopedestriantraffic. Section 269.46.61.807 Riding on sidewalks. A.No person shall ride a bicycle upon a sidewalk within a business district. B.When signs are in place on any roadway or sidewalk prohibiting the riding of bicycles thereon by any person,no person shall disobey same,i C.Whenever any person is riding a bicycle upon asidewalk,such.person shall yield the right-of-way to any pedestrian. Section 270.46.61.813 License required.No person shall ride or propel a bicycle upon any street or other public highway or anypartthereof,in the city of Noses Lake,without first having secured and attached to such bicycle a proper annual license plate as hereinafter provided. Section 271.46.61.817 Procedure.Application for the license to operate a bicycle shall be made to the police department.The license shall.be for a calendar year,the fee,therefore,shall he one dollar for each calendar year or fractional part thereof,and shall be paid into the city treasury upon filing of the applica- tion.Upon receipt of the application the police department shall 29 provide,at the expense of the city,a license which shall be 'attached to the frame of the bicycle in a substantial manner.The removal thereof,except by proper authority,shall be a violation of this chapter.The type of license for each,calendar year shall he determined by the Chief of Police.Serial nuñoers may be re- quired to be placed upon the frame of the bicycle, Section 272.46.61.823 Inspection.of bicycles.The Chief of Police,or an officer assigned such responsibiiity,shall inspedt each bicycle before licensing the same and shall refuse a license for any bicycle which he determines in an unsafe mechanical condi- tion. Section 273.46.61.827 Renewal of licenses.Licenses shall expire at the end of each calendar year and may.be renewed upon application and payment of the -same fee as upon the original application. Section 275.46.61.837 Records of registration.The Chief of PETTËi¯ißiÍ1keep or cause to be kept,complete records of the registrations and licenses of bicycles issued in the City of Moses Lake and shall,at the time of licensing and inspecting of Licycle, provide the owner of the bicycle with a copy of the Bicycle Laws of the City of Moses Lake. Section 276.46.61.843 Rental agencies.A rental agency shall not rent or offer any bicyTe nless the bicycle is licensed and a license plate is attached thereto as provided herein and such bicycle is equipped with the lamps and other equipment required in this chapter. Section 278,-46.61.863 Parents responsibility.It shall be unlawful for any parent of any child and any guardian of any ward to permit any child or ward to violate any of the provisions of sections 46.61.755 through 46.61.868. Section 279.48.61.857 Scope.Scope of all the provis.ions as, set forth in Sections 46.6f¯T55 through 46.61.868 shall be ap- plicable to bicycles operating upon any street or upon any public patH or upon any public property.' Section 280.46.61.863 Violation of sections-46.61.755 to 46.51.868.,Penalty.Every person convicted of a violation of any provision of Sections 46.61.755 to 46,61.868 shall be punished by a fine of not more than $100.00 or imprisonment of not more than fifteen (15)days or by the removal and the detention of the license plates of such person's bicycle for a period not to ex- ceed 100 days,or by any combination thereof. Section 281.46.61.868 Impounding of bicycles.In event the person charged with the violation of any of the provisions of Sections 46.61.755 to 46.61.868 shall be a juvenile,then and in that event the Chief of Police shall have the authority to im- pound the bicycle belonging to or being used by the person charged with the violation of Sections 46.61.755 to 46.61.868 until such time as the Juvenile Court shall either remand the case for prosecution or shall otherwise dispose of the case. PARKING METERS Section 282.46.61.903 Parking meter zones.When parking meter zones are established by resolution as provided in section 46.14 . 133(3),it is unlawful to park a vehicle in such a parking meter zone for a longer period of time than is established by such a resolution,or otherwise provided herein. Section 283.46.61,907 Installation of parking meters.In said parking meter mones parking meters shall be installed upon the curb or sidewalk immediately adjacent to the parking spaces pro- vided.Each device shall be so set as to display a signal showing legal parking upon the deposit of the appropriate coin or coins, lawful money of the United States of America,for the period of time prescribed by this ordinance.Each device shall be so arranged that upon the expiration of the lawful time limit it will indicate by a proper visible signal that the lawful parking period has expired and in such cases the right of such vehicle to occupy such space shall cease,and the owner,operator,possessor or manager thereof shall he subject to the penalties hereinafter provided. Section 284.46.61.913 Service zones.The Chief of Police is a to issue a permTfoi,Ei¯vice parking,"which term means use of parking.meter space while rendering service in clean- ing,painting,adjusting or making minor repairs or rep3acements in or to buildings or building equipment or to public utilities upon the following conditions: 30 1.Application shall be made to the Chief of Police onsuchformsastheChiefofPoliceshallprescribe.The applicantshallsetforththeapplicant's business and the necessity forsuchpermit.The Chief of Police shall investig4te the facts asnecessary. 2.If it appears that.a necessity exists said-Chief mayauthorizetheissuanceofsuchpermituponpaymentofthefeesandundertheconditionshereinafter-pres.cribed. 3.Upon issuance of the permite the permittee shall beIissuedahoodtouseincoveringanyparkingmeter.As manyhoodsmaybeissueduponpaymentoftheprescribedfeeastheChiefof.Police deems necessary or convenient for the appiicant. The hood shall be-provided with a padlock and a key and .also with an identification card attached with a blank space thereon. 4.Upon entering any space available,the permittee shall place the hood over the parking meter and look same and shallindicateinsuchblankspacetheexactplacewheretheservice work is being rendered. 5.The permittee shall not place the hood over any meterwhenthespaceisoccupiedbyanothervehicle;and shall beforevacatingthespaceattheconclusionoftheworkremove_thehood.The hood shall not be allowed to remain in place for over one hour when the space is.not occupied by an authorized vehicle; nor shall it be allowed to remain in place after 8 -p.m.on any.day or on Sunday or a holiday.It shall not be used during hourswhenparkingor.stopping in the parking meter space is prohibited. No passenger type vehicle shall be parked in the space covered by the hooded parking meter. 6.The Chief of Police may revoke any permit if the service zone hood is used for any purpose other than that authorizedhereinorforanyviolationofthertermsandconditionsof thisordinance.Upon revocation,the hood shall be immediately re-turned to the Police Department and all fees paid shall be for-feited.Police officers finding sych hood in use shall investi- gate the use being made thereof and if it is found in violation ofthisordinanceshallreportthefactstotheChiefofPolice. I 7.Any such permit issued hereunder shall unless revoked be valid-for a period of one year from the first of July or for any portion of the year from.the date of issuance to the following June. 8.The fee for a permit shall be $25.00 per year,or $5,00foreachmonthorportionthereofforperiodslessthansuchyear.The permittee ebàll also pay a deposit of $5.00 at the time ofissuanceofthehood,padlock and keys which shall remain the property of the City of Moses Lake.In case hoods,padlocks andkeysbecomelostordestroyedorsodefacedthattheyarenolonger .usable,the permittee shall pay the city $5.00. Section 285.46.81.917 Operation of parking meters.Except in aperiodofemergencydeterminedbyanofžicerofthefireorpolice department,or in compliance with the directions of a police officer or traffic control sign or signal,when any vehicle shall be parkedinanyparkingspacealongsideornexttowhichaparkingmeterislocated,the operator of such vehicle may and shall,upon enter-ing the said parking meter space,immediately deposit or cause tobedepositedinsaidmetersuchpropercoinoftheUnitedStatesasisrequiredforsuchparkingmeterandattherateasisdesig-nated by proper directions on the meter;and when required by thedirectionsonthemeter,the operator of such vehicle,after thedepositofthepropercoinorcoins,shall also set in operationthetimingmechanismonsuchmeterinaccordancewiththedirec-tions properly appearing thereony and failure to deposit suchpropercoinandtosetthetimingmechanisminoperationwhen sorequiredshallconstituteaviolationofthisordinance.Upon thedepositofsuchcoin(and the setting of the timing mechanism in I operation when so required)the parking space may .be lawfully oa-cupied by such vehicle during the period of time which has beenprescribedforthepartofthestreetinwhichsaidparkingspaceislocated,provided:That any person placing a vehicle in aparkingmeterspaceadjacenttoameterwhichindicatesthat unusedtimehasbeenleftinthemeterbythepreviousoccupantofthespaceshallnotberequiredtodepositacoinsolongashisoccupancyofsaidspacedoesnotexceedtheindicatedunusedpark-ing time.If said vehicle shall remain parke.d.in any .such parkingspacebeyondtheparkingtimelimitsetforsuchparkingspade,andafthemetershallindicatesuchillegalparking,then,and in thatevent,such vehicle shall be .consîdered as parking overtime andbeyondthelegalperiodoflegalparkingtime,and such parkingshallbedeemedaviolationofthisordinance. 31 Section 286.46.61.923 Parking time limits. A.Parking or standing a vehicle in a designated space in a parking meter zone shall be lawful for a maximum period of time as established by resolution and as designated by proper directions on the meter or on signs posted in each block of said parking meter zone. ß.Said parking meters shall he operated in said parking meter zones every day between the hours of nine o'clock a.m.and six O'clock p.m.,except Sundays and holidays;provided,however,that the term "holiday"shall include all the days specified in Section 46,61,582. Section 287.46.61.927 Violations.It shall be unlawful and a violation of this provision of this ordinance for any person: A.To cause,allow,permit or suffer any vehicle registered in the name of,or operated by such person to be parked overtime, or beyond the period of legal parking time established for any park- ing meter zone as described on the meter or on appropriate signs, or to deposit in any parking meter any coin for the purpose-of parking beyond the maximum legal parking time for the particular parking meter zone.Upon a vehicle being parked for the maximum legal parking time,the vehicle must be moved and it shall be un- lawful to deposit more coins in the parking meter to park over the maximum legal parking time. El To permit any vehicle to remain or he placed in any parking space adjacent to any parking meter while said meter is displaying a signal indicating that the vehicle occupying such parking space has already been parked beyond the period prescribed for such parking space. C.To park any vehicle across any line or marking of a park- ing meter space or in such position that the vehicle shall not be entirely within the area designate&by such lines or markings. b.To deface,injure,tamper with,open or willfully break, destroy,or impair the usefulness og any parking meter installed under the provisions of this ordinance. E.To deposit or cause to be deposited in any parking meter any slugs,device or metal substance,or other substitute concerning lawful ooins. Section 288.46,61.933 Collections.It shall be the duty of the City Finance Director to designate some member or members of his office or some member or members of the police department,to make legal collections of the money deposited in said meters,and it shall be the dúty of such person so designated,to remove from the parking meters all the coins deposited therein and to deliver said coins to the Office of the City Finance Director of the City of Moses Lake. Section 289.46.81.937 Removal of meters to facilitate construc- tion.No parking meters shall be removed for the purpose of facili- Tifing construction on private.property except by the City of Moses Lake and then only after permit has been obtained for its removal by the applicant.Any person desiring a parking meter to be removed during a period of construction shall make application to the Chief of Police.The Chief of Police shall refer the matter to the Director of Public Works who shall approve or disapprove its removal.If approved,a permit shall be granted and the parking meter shall be removed for such time as the Engineering Department shall deem reasonable and necessary.Thereafter,the parking meter shall be reinstalled by the City.All costs for removal and rein- stallation shall be paid to the city immediately upon billing to the applicant for such permit. Section 290.46,61.943 Notice of violation.The notice of viola- Re in a form thm location and nature of the offense,the vehicle license number of the vehicle,the state of the license number,the vehicle make,the time and date of violation and the penalty for said violation,and may be placed conspicuously on such vehicle. Section 291.46.81.947 Penalties for parking and parking meter violations.Except as expróssly provided,penalties for parking meier¯viplations shall be one-half dollar Ï$0.50)when,paid within one (1)hour of the time of violation,or one dollar ($1.00)if not paid within one (1)hour,or three dollars ($3.00)if not paid within five (5)days.All other parking violations except as expressly provided shall be subject to minimum penalty of three dollars ($3.00). 32 Section 292..46.61.953 Administrative appeal of parking nytices,Any person,who upon receipt of a notice of violation feels hehasbeenunjustly.accused of violating a parking ordinance of theCityofMosesLakemaystatehisdisagreementandreasonstherefortotheChiefofPolice.If the Chief of Police determines that theallegedviolatorwasimproperly.accused the notice shall be dis-missed. Section 293.46.61.957 Failure to post or appear.Any person having been notified of a parking or parking meter viola-tion in the manner hereinbefore provided who shall fail to pay saidIpenaltywithinfive(5)days or in the alternative to appear beforetheChiefofPolicetoappealthenoticeofviolationofthe.park-ing ordinance within five (5)days shall be guilty of a misdemeanoranduponconvictionthereofshallhepunishedbyafineintheamountofnotmorethanonehundreddollars($100.00). Section 294.46.61.963 Registered owner responsible.Every personinwhosenameavehicle.is licensed shall be prima.facie respon-sible for.any parking of such vehicle and for all offenses otherthanmovingviolationsinviolationofthis.title.It shall-be nodefensetosuchóhargesthatsuchvehiclewasillegallyparkedorusedbyanother,whether with or without the consent of the regis-tered owner thereoft Provided:that in the event the vehicle is .reported as stolen,the registered owner or lessee shall not beresponsibleforparkingsuchvehicleinviolationofthisordinance.In case of a leased car,the lessee shall he prima facie respon-sible in the same manner as a registered owner of a vehicle underthissection.It shall be unlawful for the registered owner of aleasedvehicletofailtodiscloseonrequestbyanofficeroftheCityofMosesLakethenameandaddressofsaidlessee.Failuretogivesuchinformationshallbe.a misdemeanor punishable by afineofnotmorethan$250.00. CKAPTER 46.84 ENFORCEMENT I Section 302.48,64.010 to 46,64.048 Statutes ado ted.The follow-ing statutes are hereby adopted by reference. RCW46.64.010 Traffic citations--Record of--Cancellationprohibited--Penalty--Citation auditRCW46.64.015 Citation and notice to appear in court--Issuance--Contents--Written promise--ArrestRCW46.64.020 Nonappearance after written promise,mis-demeanor.RCW 46.64.025 Nonappearance after written promise--Notice to departmentRCW46.64.030 Procedure governing arrest and prosecution.RCW 46.84.048 Attempting,aiding,abetting,coercing,com-mitting violations,punishable Section 303.46.64.053 GeneraT Penalty.Any person who shallViiiiteorfailtocomplywithanyoftheprovisionsofthistitle,or who shall counsel,aid,or abet any such violations or failuretocomply,except parking and parking meter violations,shall bedeemedguiltyofamisdemeanor,and upon conviction thereof,wherenootherpenaltyorpunishmentisprovidedherein,shall be punishedbyafineinanysumnotexceedingfivehundreddollars(4500.00)or by imprisonment in the City or County Jail for a term notexceedingsix(6)months,or both such fine and imprisonment. Section 304.46.64.063 When warrant to be issued. A.Residents.The court shall issue a warrant for thearrestofanydefendantwhoisaresidentofthisstateandwhohasfailedtoappearbeforethecourtorthetrafficviolationsIbureaueitherinpersonorbycounselinanswertoatrafficcomplaintandcitationuponwhichhehasgivenhiswrittenpromisetoappear.If the warrant is not executed within.30 days after issue,thecourtshallmakeanentryofthenotificationonthedocket,andmayaddachargeagainstthedefendantforfailuretoappearafterawrittenpromisetodoso.and mark the case closed subject to beingreopenedwhentheappearanceofthedefendantisthereafterobtained. B.Nonresidents.Ïf a nonresident defendant fails to appearbeforethecourtortheTrafficViolationsBureaueitherinpersonorbycounselinanswertoatrafficcomplaintandcitationuponwhichhehasgivenhiswrittenpromisetoappear,the court shallmailanoticetothedefendantattheaddressstatedinthecom-plaint and citation requesting him to abide by his promise and appearinpersonorbycounselonadaycertain,and notifying him thathisfailuretoappearafterawrittenpromisetodosoisamis-demeanor for which he may also be charged.If the nonresident de- 33 eet in tre notice,the court shall issue a warrant for his arrest and shall make an entry of the notification on the docket,and may add a charge against the defendant for failure to appear after awrittenpromisetodoso,and mark the case closed,subject tobeingreopenedwhentheappearanceofthedefendattisthereafterobtained, CHAPTER 46.68 DISPOSITION OF REVENUE Section 305.46.68.013 Refunds of erroneous license or permit fees--Proof--Time limitation on filing claims..Whenever anylicenseorpermitfee,paid under the provisions of this title,shall have been erroneously paid,wholly or in parts the personpayingthesame,upon satisfactory proof to the Chief of Police, shall be entitled to have refunded the.amount so erroneously paid. Upon such refund being cettified to the City Finance Director by the Chief of Police as correct and being claimed in the time re-quired by law the City Finance Director shall mail or deliver the amount of each refund to the person entitled.thereto:Provided, That no claim for refund shall be allowed for such erroneous pay-ments unless filed with the Chief of Police within thirteenmonthsaftersuchclaimederroneouspaymentwasmade. Section 306.46.68.053 Disposition of fines and forfeitures forviolations.All fines and foffeitures collected for the viola-tion of any of the.provisions of this ordinance shall be paid intothegeneralfundofthecity. CHAPTER 46.98 CONSTRUCTION Bection 307.46.98.020 to 46.98.040 Statutes adopted.The follow-ing statutes are hereby adopted by reference. RCW 46.98.020 Provisions to be construed in pari materia.ROW 46.98.030 Title,chapter,section headings.not part or law.RCW 46.98.040 Invalidity of part of title not to affectremainder. CHAPTER 47.36 TRAFFIC CONTROL DEVICES Section 308.47.36.113 Stop and yield right-of-way signs.Inordertoprovidesafetyatintersectionson.the city street.system,the Traffic Engineer may require persons traveling uponanyportionofsuchstreettostopbeforeenteringtheintersec-tion.For this purpose therè may be erected a standard stop sign as prescribed in the State of Washington Department of Kighways"Manual for Signing".All persons traveling upon the street shall come to a complete stop at such a sign and the appearance of anysignsolocatedshallbesufficientwarningtoapersonthatheisrequiredtostop.A person stopping at such a sign shall pro-ceed through such portion of the street in a careful manner andatareasonablerateofspeednottoexceedtwentymilesperhour.It shall be unlawful to fail to comply with the directionsofanysuchastopsign:Provided,That when the findings of a ,traffic engineering study show that the condition of an intersectionissuchthatvehiclesmaysafelyenterthemajorarterywithout stopping,the Traffic Engineer shall cause to be installed and main-tained a "Yield"sign. The driver of a .vehicle approaching a "Yield"sign shall reduce speed or stop if necessary in order to yield the right of way to all traffic on the intersection street which is so close astoconstituteanimmediatehazard.A motorist proceeding past such 34 I a sign with a resultant collision or other interferences withtrafficontheintersectionstreetshallbeprimafacieevidencethatthemotoristhgsnotobeyedthesignandyieldedtheright ofwayprovidedbythissection, Section 309.47.36.130 and 47.36.180 Statutes adoþted..Thefollowingstatutesareherebyadoptedbyreference. RCW 47.36.130 Meddling with signs prohibitedRCW47.36.180 Forbidden devices--Penalty. That this ordinance shell take effect and be in force five (5)days after its passageandpublicationaspunridedbylaw. PASSEDby the City Council of the City of Moses Lake,Washington,andAPPROVEDbyttsMayorthis24thdayofAugust,1971. MAYO,Otto M ty Clerk,Chaßes avenport AP AS TOFOR y Attorney,John E.Calbom 35