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HomeMy WebLinkAboutO-0940 - Adopts Washington Model Traffic Ordinance and other statutes regulating traffic on highways·'""'.",.~. CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.~ An Ordinance of the City of Marysville adopting the Washington Model Traffic Ordinance and other traffic statutes to regulate traffic on the highways of the City of Marysville;repealing all sections of Title 11 of the Marysville Municipal Code which are in conflict therewith;and amending Sections 11.24.020 (speed for trains),11.62.010 (logging truck route)and 11.64.010 (penalties). THE CITY COUNCIL OF THE CITY OF ~~RYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.Adoption by Reference.The "Washington Model Traffic Ordinance",Chapter 46.90 RCW,hereinafter referred to as the "MTO",and RCW 46.29.625,46.52.088, 46.61.072,46.61.202, 46.61.215,46.61.261,46.61.264,46.61.266,46.61.269, 46.61.520, 46.61.540, 46.61.606,46.61.608,46.61.614,and 46.64.017 are hereby adopted by reference as and for the traffic ordinance of this City as if set forth in full herein,except as provided in Section 2 hereof. Section 2.Sections Not Adopted.The following sections of the MTO are not adopted by reference and are expressly deleted: RCW 46.90.210,46.90.215,46.90.250, 46.90.255,46.90.260,46.90.265, 46.90.270, 46.90.275, 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, 46.90.600,46. 90.610,46.90.620,46.90.630,46.90.640, 46.90.650,46.90.660,46.90. 710 and 46.61.295. Section 3.Definition of "Highwa~"Amended.RCW 46.04.431, as adopted herein,is hereby amended to rea as follows: "Highway means the entire width between the boundary lines of every road,street,alley,lane, boulevard,parking lot and every way or place in the City of Marysville,whether publicly or privately maintained,when any part thereof is open at any time to the use of the public for pur- poses of vehicular travel." Section 4.Penalties.Any person who is convicted of violating or failing to comply with any of the provisions of this ordinance shall be punished by a fine of not more than $250,except as otherwise provided therein.Provided that offenses described in the following sections of RCW shall be punishable by a fine of not more than $500,or by imprisonment for a maximum term of not more than 90 days,or by both such fine and imprisonment: RCW 46.20.342 RCW 46.52.010 Relating to driving while license suspended or revoked Relating to duty on striking unattended car or other property -1- ••••.'. RCW 46.52.020 RCW 46.61.500 RCW 46.61.506 RCW 46.61.520 RCW 46.61.530 RCW 46.61.535 Relating to duty in case of injury to or death of person or damage to attended vehicle Relating to reckless driving Relating to persons under influence of intoxicating liquor or drugs Relating to negligent homicide by a motor vehicle Relating to racing of vehicles on highways -reckless driving Relating to advertising of unlawful speed attained -reckless driving Section 5.Disposition of Traffic Fines and Forfeitures. All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this ordinance shall be paid into the General Fund of the City. Section 6.Official Misconduct.Failure,refusal or neglect on the part of any judicial or other officer or employee receiving or having custody of any such fine or forfeiture of bail, either before or after deposit in said General Fund,to comply with the provisions of Section 5 shall constitute misconduct in office and shall be grounds for removal therefrom,provided appropriate removal action is taken pursuant to state law relating to removal of public officials. Section 7.Filing of Ordinance.Incident to the adoption of the MTO by reference,by this ordinance,copies of the text of the adopted MTO and of other adopted statutes shall be filed as required by RCW 35A.12.l40 for use and examination by the public. Section 8.Repealer.The following sections of the Marysville Municipal Code are hereby repealed as being in conflict with or superceded by the Model Traffic Ordinance: Chapter Chapter Chapter Chapter Chapter Chapter Chapter 11.04 11.08 11.20 11.28 11.38 11.68 6.96 Section 9.Section 11.24 .02,0 ~mended.That portion of Section 11.24.020 of th~Marysville Munlclpal Code,heretofore reading as follows: "It shall beunlawful'to operate a stearn or electric railway train or car at a rate of speed greater than 25 mph within the corporate limits of the City of Marysville." BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS: "It shall be unlawful to operate a stearn, -2- ..''J .'.........~.'-\~~ electric or diesel railway train or car at a rate of speed greater than 25 mph within the corporate limits of the City of Marysville." Section 10.Section 11.46.010 Repealed.Section 11.46.010 of the Marysville Munic1pal Code,heretofore providing as follows: "No parking shall hereafter be allowed on the south side of 4th Street from Delta to State Avenue. One parallel parking stall shall be removed east of State Avenue on the south side of 4th Street." BE AND THE SAME IS HEREBY REPEALED. Section 11.Section 11.62.010 Amended.Section 11.62.010, designating the logging truck routes through the City of Marysville, is hereby amended to read as follows: "Logging trucks utilizing public roads in the City shall be restricted to the following streets and avenues,or portions thereof,as designated below: State Avenue from north corporate limits to Grove Street; Grove Street from east corporate limits to Ash Avenue; Ash Avenue from Grove Street to 5th Street; 5th Street from Ash Avenue to Beach Avenue; Beach Avenue from 5th Street to 1st Street; 1st Street from Beach Avenue to State Avenue; 3rd Street from each corporate limits to Liberty Avenue; Liberty Avenue from 3rd Street to 2nd Street; 2nd Street from Liberty Avenue to State Avenue; State Avenue from 2nd Street to south corpprate limits." Section 12.Section 11.64.010 Amended.Section 11.64.010 of the Marysville Municipal Code,heretofore providing as follows: "Any person who shall violate or fail to comply with any of the provisions of this title or who shall counsel ,'aid or abet any such violation or failure to comply shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be punished by a fine not to exceed $300,or by imprisonment; and in addition thereto,the police judge shall carry out all provisions of the State Code as hereinabove adopted involving disposition and penalties respecting -3- •~.',.,,;;.1'.. ..l'•-\. ~~'~.........,..1... operator's licenses when applicable." BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS: "Any person who is convicted of violating or failing to comply with any of the provisions of this title which are not included within or punished pursuant to the Model Traffic Ordinance, or who shall aid or abet any such violation or failure to comply,shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $250." Section 13.Inconsistent Penalt The following sections 0 t e Marysville Munlclpal Co e ereto ore providing penalties for parking and traffic violations which are incon- sistent with the penalties imposed by this ordinance,are hereby repealed: Section 11.40.032(c) Section 11.40.034(b) Section 11.40.038(b) Section 11.40.050 Section 11.40.055 Section 11.40.070 Section 11.62.050 Section 11.72.020 Section 11.76.~30 Section 14..Severabi1ity Clause.I f any provision of this ordinance or its application to any person or circumstance is held invalid,the remainder of the ordinance,or the application of the provision to other persons or circumstances is not affected. £ection 15.Effective Date.,This ordinance shall take effect from and after the date ~t its passage and five (5)days after its publication as required by law. PASSED by the City Council and APPROVED by the Mayor this \~day of ~",,""e.,1977. THE.CITY OF MARYSVILLE ATTEST: APPROVED AS TO FORM: -4-