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Home My WebLink AboutO-1989 - Amends Sec. 11.36.010; repeals and replaces Sec. 11.04.010 and 11.04.020; repeals Sec. 11.04.040, 11.46.050, 11.46.110 and Chs. 11.56, 11.60 and 11.72, traffic (11.04, 11.36)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.n~1 AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON ADOPTING THE WASHINGTON MODEL TRAFFIC CODE AS CONTAINED IN THE WASHINGTON ADMINISTRATIVE CODE, CHAPTER 308-330 WAC AND REPEALING SECTIONS OF MARYSVILLE MUNICIPAL CODE WHICH ARE SUPERSEDED BY MODEL TRAFFIC ORDINANCE PROVISIONS. WHEREAS,the State Legislature has provided that RCW 46.90, et seq.,which contained the Washington model traffic ordinance, will expire on July 1,1994;and WHEREAS,the provisions of the Washington model traffic ordinance have been readopted in the Washington Administrative Code in Chapter 308-330 WAC,which will become effective on July 1,1994; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.Section 11.04.010 of the Marysville Municipal Code,which reads as follows: 11.04.010 Model Traffic Ordinance and Other State Statutes Adopted by Reference.The "Washington Model Traffic Ordinance,"RCW Chapter 46.90,hereinafter referred to as the "MTO,"and RCW 46.30.020 (driving without mandatory liability insurance),RCW 46.30.040 (display of insurance identification card),and RCW 46.64.020(2)and (3) (failure to comply)are adopted by reference as and for the traffic code for the City,as if set forth in full in this section,except as provided in section 11.04.020 of this chapter. is hereby REPEALED. Section 2.A new section 11.04.010 of the Marysville Municipal Code is hereby adopted which shall read as follows: 11.040.010 Model Traffic Ordinance Adopted by Reference.The "Washington Model Traffic Ordinance,"WAC 308-330,hereinafter referred to as the "MTO,"is adopted by reference as the traffic code for the City,along with §§4, 5,6,7,10, 11,12 and 23 of Chapter 275,Laws of 1994 as it now reads or is hereafter amended,as if set forth in full in this section,except as provided in section 11.04.025 of this chapter. ORDINANCE - 1 /rnv/rnto.ord Section 3.Section 11.04.020 of the Marysville Municipal Code,which reads as follows: 11.04.020 MTO Sections Not Adopted.The following sections in or of the MTO are not adopted by reference and are expressly deleted:RCW 46.04.431 (definition of "highway");RCW 56.52.020(1)and (4)(hit and run personal injury--felony);RCW 46.61.520 (negligent homicide--felony); RCW 46.90.210 (police administration);RCW 46.90.215 (traffic division);RCW 46.90.250 (bicycle licenses);RCW 46.90.255 (parking meters);RCW 46.90.260,46.90.265, 46.90.270,46.90.275 (traffic engineer and safety commission);RCW 46.90.500,46.90.505,46.90.510,46.90.515, 46.90.520,46.90.525,46.90.530, 46.90.535,46.90.540 (bicycle licensing);RCW 46.90.600,46.90.610,46.90.620, 46.90.630,46.90.640,46.90.650 (regulating parking meters); RCW 46.90.660 (service parking);RCW 46.61.295 ("U"turns). is hereby REPEALED. Section 4.A new section 11.04.020 of the Marysville Municipal Code is hereby adopted which shall read as follows: 11.04.020 MTO Sections Not Adopted.The following sections in or of the MTO are not adopted by reference and are expressly deleted:RCW 46.04.431 (definition of "highway");WAC 308-330-210 (police administration);WAC 308-330-215 (duty of traffic division);WAC 308-330-250 (bicycle licenses);WAC 308-330-255 (parking meters);WAC 308-330-260,308-330-265, 308-330-270,308-330-275 (traffic engineer and safety commission);WAC 308-330-500,308-330- 505,308-330-510,308-330-515,308-330-520,308-330-525, 308-330-530,308-330-535,308-330-540,308-330-560 (bicycle licensing);WAC 308-330-600, 308-330-610,308-330-620,308- 330-630,308-330-640,308-330-650 (parking meters);WAC 308- 330-660 (service parking). Section 5.Section 11.04.040 of the Marysville Municipal Code,which reads as follows: 11.04.040 U-Turn Restrictions.It is unlawful for a person operating to make a U-turn at any point other than an intersection or highway end,or to make such U-turn on any highway in a business district or where prohibited from doing so by the posting of official signs. is hereby REPEALED for the reason that it is already contained in the MTO. Section 6.Section 11.36.010 of the Marysville Municipal Code is hereby amended to read as follows: 11.36.010 Abandoned,Unauthorized and Junk Vehicles Regulated by MTO.All abandoned,unauthorized and junk ORDINANCE - 2 !rrr.v/mto.ord vehicles shall be controlled by the applicable provisions of the MTO as adopted by Section 11.04.010 of the Marysville Municipal Code,with the exception of those vehicles on private property which constitute a public nuisance which shall be regulated by this chapter. Section 7.Section 11.46.030 of the Marysville Municipal Code,which reads as follows: 11.46.030 Left Turns on Fourth Street.No left turn shall be permitted for 150 feet west of State Avenue on Fourth Street. is hereby REPEALED. Section 8.Section 11.46.050 of the Marysville Municipal Code is hereby amended to read as follows: 11.46.050 Left Turns on State Avenue.No left turn shall be permitted onto State Avenue from the north exit of the K-Mart Shopping Center parking lot located at 9623 State Avenue. Section 9.Section 11.46.110 of the Marysville Municipal Code,which reads as follows: 11.46.110 Left Turns from Post Office.Left turns out of the United States Post Office property located at 1010 State Avenue,for traffic intending to travel southbound on State Avenue,are prohibited during the hours of 4:00 p.m. and 6:00 p.m.on weekdays. is hereby REPEALED for the reason that access is no longer available from the Post Office to State Avenue. Section 10.Chapter 11.56 of the Marysville Municipal Code, which reads: Chapter 11.56 Fire Zones and Equipment Sections:11.56.010 Establishing Zones at Fire- Equipment. 11.56.010 Establishina Zones at Fire-Equipment.There is hereby established about the scene of every fire during its course,a fire zone which shall consist of all public streets within a radius of 300 feet or more from said fire, and in every case include the two nearest street intersections. Such fire zone shall remain in existence until such time as the Chief of the Fire Department or his ORDINANCE - 3 /mv/rnto.ord authorized agent shall declare the emergency passed. Commanding officers at fires shall have authority to remove from the fire zone obstructions to the extinguishing of fire. All traffic,pedestrian and vehicular,including locomotives and railroad cars,within a fire zone shall stop at a safe place,and it shall be unlawful for any person to move,operate or start to move or operate any vehicle except upon orders of the Chief of Police or the Chief of the Fire Department or their authorized agents. It shall be unlawful to enter a fire zone,or stop, stand or park in such a manner as to hinder the apparatus of the Fire Department in entering or leaving any fire zone. It shall be lawful for the Chief of the Fire Department and his authorized agents to require the aid of the operator of any vehicle,in drawing or conveying any apparatus,equipment or tools of the Fire Department to a fire. During any emergency requiring the services of the Fire Department,the Chief or his authorized agent is authorized to establish fire lines on a public street or private property,by roping off the same,or by stationing a fireman in uniform,or a police officer, to direct traffic,and it shall be unlawful for any person to disregard or fail to obey the orders of said fireman or police officer or to run over said rope or to operate any vehicle inside fire lines. The Chief of Police shall maintain in readiness for immediate use a sufficient quantity of rope for establishing fire lines and in case of fire,upon the request of the Fire Chief,shall dispatch thereto patrolmen in charge of an officer with said fire line ropes,which officer shall report for duty and be subject to the orders of the Chief of the Fire Department or his authorized agent,and shall establish fire lines and direct traffic in accordance with his orders. The Chief of the Fire Department or his authorized agent may,when the walls of a burned or burning building are unsafe or in such condition as to endanger traffic in public streets,or when any pole,chimney, spire,steeple,electric wire or other thing or object endangers human life or property in the public streets, rope,fence,or wall off parts of the public streets and private property adjacent thereto and place ORDINANCE -4 /mv/mto.ord suitable signs marked "Danger"about same,or red lights at night,and it shall be unlawful for any person to remove,mutilate,tear down or otherwise damage any sign,fence,wall or rope,or to walk,or to drive,operate,or move any vehicle inside said line, fence or walls. is hereby REPEALED for the reason that such regulations are governed by the MTO. Section 11.Chapter 11.60 of the Marysville Municipal Code, which reads: Chapter 11.60 Parades and Processions Sections:11.60.010 Parade and Procession Regulations. 11.60.010 Parade and Procession Regulations.It shall be unlawful for any pedestrian,equestrian,driver or operator of a vehicle to pass through,or drive between the vehicles comprising,or interrupt,any regularly ordered funeral procession or any procession authorized by the Chief of Police as herein provided,or passage of the military or naval forces of the United States or of the State or National Guard of the State of Washington.This provision shall not apply to operation of emergency vehicles,or at street intersections where traffic is controlled by traffic control signals or police officers. No person shall leave any vehicle upon any street which is being or has been cleared for parade purposes.All persons except those participating in parades shall keep off the streets temporarily closed for parades. It shall be unlawful to parade upon any street in the city of Marysville without first notifying the Chief of Police and the Street Superintendent,and obtaining a permit to do so from the Chief of Police.Such notification shall be made in writing and shall state the purpose of such parade,the place and hour of formation,the proposed line of march,and the names of the persons having charge or control of the parade.Such notification shall be delivered to the Chief of Police and the Street Superintendent 24 hours before such parade is to take place;provided, however,that this time limitation may be lessened or the notice entirely waived,in the discretion of the Chief of Police,for any unexpected occasion,or in case of a parade of visitors arriving in the city within less than the above- described period preceding the desired hour of parade.The Chief of Police in his discretion,may direct such modifications of the place of formation and of the line of march and other details of any such parades as traffic ORDINANCE - 5 /mv/mto.ord conditions and public safety may require,and with the approval or on the order of the Mayor,or in his absence, with the consent and approval of the Mayor Pro Tem,may forbid or stop any such parade,whenever deemed necessary for the preservation of the public peace. is hereby REPEALED for the reason that such regulations are governed by the MTO. Section 12.Chapter 11.72 of the Marysville Municipal Code, which reads: Chapter 11.72 Vehicles Carrying Loads Sections:11.72.010 Load Covering Required. 11.72.010 Load Covering Reguired.All trucks or other motor vehicles which are carrying or hauling chips, shavings,sawdust or hog fuel or any other similar matter, shall cover the entire load of the chips,shavings,sawdust or hog fuel or other similar substance with canvas or any adequate method to prevent the load from being blown from the motor vehicle while operating on any of the streets within the city of Marysville. is hereby REPEALED for the reason that such regulations are governed by the MTO. Section 13.Savinos Clause.The repeal of any section or chapter herein does not affect any pending or existing litigation and does not operate as an abatement or bar to any action or proceeding pending under or by virtue of the repealed sections or chapters. Section 14.Severability Clause.If any provision of this ordinance or its application to any person or circumstances is held invalid,the remainder of the ordinance,or the application of the provision to any other persons or circumstances is not affected. Section 15.Effective Date.This ordinance shall take effect from and after July 1,1994. ~PASSED by the City Council and APPROVED by the Mayor this 13 day of -.J~WC:-=!::-_---'1994. ORDINANCE - 6 /mv/mto.ord CITY OF MARYSVILLE fldUbi; MAYOR Attest: By~.k., ..CITY CLERK Approved as to form: By ~K.Cd 2.u-e-f' CITY ATTORNEY Date of Publication: ORDINANCE - 7 /mv/rnto.ord