Ordinance 29870006.160.056(C)
DLF/nkr
06/02/94
R:06/08/94srf
ORDINANCE NO. 2987
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING SECTIONS 8.06.010, 8.06.020,
8.06.030, AND 8.06.040 OF THE EDMONDS MUNICIPAL
CODE, ADDING SECTION 8.06.050 TO THE EDMONDS
MUNICIPAL CODE, IN ORDER TO READOPT THE
WASHINGTON MODEL TRAFFIC ORDINANCE AS
CONTAINED IN THE WASHINGTON ADMINISTRATIVE
CODE, CHAPTER 308-330 WAC, AND INCORPORATING
AND ADDING NEW SECTIONS AFFECTING THE TRAFFIC
CODE THAT HAD BEEN ADOPTED BY THE 1994 STATE
LEGISLATURE.
WHEREAS, the state legislature has determined that RCW Chapter 46.90, which
contained the Washington Model Traffic Ordinance (MTO), will be repealed as of July 1, 1994,
and
WHEREAS, the state legislature has also determined that the provisions of the
Washington MTO shall be transferred and readopted into the Washington Administrative Code
(WAC), Chapter 308-330, which will become effective on July 1, 1994, and
WHEREAS, in order for the City to continue to have a valid traffic code, the City
must also readopt those provisions that have been transferred into the WAC, and
WHEREAS, the 1994 state legislature has additionally amended and created new
traffic provisions, and in order for the City to incorporate the new changes that have been made
to the traffic provisions by the 1994 state legislature, the City must adopt and incorporate those
changes into its own traffic code for the health, safety and welfare of its citizens, NOW, THEREFORE,
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THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Model Traffic Ordinance Adopted by Reference. Section 8.06.010
of the Edmonds Municipal Code is hereby amended to read as follows:
8.06.010 Model Traffic Ordinance Adopted. The Washington
Model Traffic Ordinance, Chapter 308-330 WAC, referred to in
this title as the "Model Traffic Ordinance (MTO)," and including
any future amendments, additions or repeals thereto, and all other
statutes adopted by reference therein, is adopted by this reference
as if set forth in full herein except as provided in Sections
8.06.020 and 8.06.030 of the Edmonds City Code.
Section 2. Section 8.06.020 of the Edmonds Municipal Code is hereby amended
to read as follows:
8.06.020 Sections of model traffic ordinance not adopted. The
following sections of the MTO are not adopted by this reference
and are expressly deleted:
A.
WAC 308-330-327
Abandoned vehicles (that part
which adopts RCW 46.79.010(1)
B.
WAC 308-330-327
Automobile hulk (that part which
adopts RCW 46.79.010(2)
C.
WAC 308-330-275
Establishment of traffic safety
commission
D.
WAC 308-330-360
Owner presumed liable for
abandoned vehicle
E.
WAC 308-330-365
May contract to dispose of
abandoned vehicles and hulk
vehicles
F.
WAC 308-330-370
Stolen --abandoned vehicles,
reports of
G.
WAC 308-330-375
Disposition of abandoned junk
vehicles
H.
WAC 308-330-472
Interference with a procession
I.
WAC 308-330.710
General penalty
J.
WAC 308-330-720
Citation on an illegally parked
vehicle --on windshield
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K. WAC 308-330-730 If citation is placed on vehicle,
FTA requires to send letter
L. WAC 308-330-740 Presumption of illegally parked
vehicles
Section 3. Section 8.06.030 of the Edmonds Municipal Code is hereby amended
to read as follows:
8.06.030 Statutes not adopted. The following sections in the
Revised Code of Washington which were adopted by reference in
the Model Traffic Ordinance are not adopted by this reference, and
are expressly deleted:
A. RCW 46.04.431 Definition of highway
B. RCW 46.48.170 State patrol has authority on
transportation of hazardous
material
C. RCW 46.80.010 Definition wreckers
Section 4. Section 8.06.040 of the Edmonds Municipal Code is hereby amended
to read as follow:
8.06.040 State Traffic Statutes Adopted by Reference. The
following state traffic statute including all future amendments, are
specifically adopted by reference as part of this Code as if set forth
in full:
A. RCW 46.70.140 Handling "hot" vehicles --Unreported
motor "switches" --Unauthorized use of dealer plates --
penalty.
B. RCW 46.01.230 and 46.12.160 and the Laws of 1994,
Chapter 262, Sections 1, 5.
C. RCW 46.20.710, .720, .730, .740, 46.55.113, 46.61.51511
46.61.5152 and the Laws of 1994, Chapter 275, Sections
1, 14, 10, 21, 22, 23, 24, 32, 4-9, 39, 40.
D. RCW 46.16.381 and the Laws of 1994, Chapter 194,
Sections 1, 6.
E. RCW 46.12.270 and the Laws of 1994, Chapter 139,
Sections 2, 1.
F. The Laws of 1994, Chapter 141, Section 1.
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Section 5. Section 8.06.050 of the Edmonds Municipal Code entitled "Garage
Keeper," is hereby added to read as follows:
Section 8.06.050 Garayper. A garage keeper means a
person, firm, partnership, association or corporation whose busi-
ness it is to store vehicles for compensation.
Section 6. Savings Clause. The amendment of Sections 8.06.01, .020, .030,
.040 and .050 of the Edmonds Municipal Code, as provided, shall not affect the prosecution for
any violation of any provision of said chapter prior to the effective date of this ordinance.
Section 7. Copies of Statutes Adopted. All state statutes comprising the Model
Traffic Ordinance, WAC Chapter 308-330, as adopted and modified by this ordinance and all
state statutes incorporated in the City's traffic ordinance and by this ordinance are attached
hereto as Exhibit A and incorporated herein by this reference as if set forth in full. The statutes
so attached are in the form in which they were adopted by this ordinance.
Section 8. Filing. Incident to the adoption of the MTO by reference, by this
ordinance, one copy of the text of the adopted MTO and of other adopted statutes shall be filed
as required by RCW 35A.12.140 for use and examination by the public. The City Clerk shall
authenticate the statutes adopted by reference herein by signing the adopting ordinance and
recording the adopting ordinance and statutes adopted by reference in full in the official
ordinance book of the City of Edmonds.
Section 9. Severability Clause. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
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Section 10. This ordinance shall take effect and be in full force five (5) days after
publication of the attached approved summary thereof consisting of the title, or July 1, 1994,
whichever is later.
APPROVED:
ATTEST/AUTHENTICATED:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
w
i l
FILED WITH THE CITY CLERK: 06 / 13 / 94
PASSED BY THE CITY COUNCIL: 06/21 /94
PUBLISHED: 06 /2 6 / 94
EFFECTIVE DATE: 07/01 /94
ORDINANCE NO. 2987
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