Ordinance 26020006.16056
RPB:sc
O1/13/87
ORDINANCE NO. 2602
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADDING A NEW SECTION 8.05.040
TO THE EDMONDS CITY CODE TO ADOPT RCW
46.61.688, ENTITLED "SAFETY BELTS, USE
REQUIRED - PENALTIES - EXEMPTIONS," BY
REFERENCE; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the Edmonds City Council finds that the
mandatory seat belt requirements contained in RCW 46.61.688
further the public's health, safety and welfare, now
therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. There is hereby added a new section
8.05.040 of the Edmonds City Code to read as follows:
8.05.040 State traffic statutes adopted by
The following state traffic statutes are adopted as
part of this code as if set forth in full:
A. RCW 46.61.688 Safety belts, use required -
penalties -exemptions.
Section 2. The City Clerk is hereby directed to
record an authenticated copy of RCW 46.61.688 with this
ordinance and to maintain not less than one (1) copy of RCW
46.61.688 on file in the office of the City Clerk for use and
examination by the public pursuant to RCW 35A.12.140.
Section 3. The City Council hereby declares that
an emergency exists necessitating that this ordinance take
effect immediately upon passage by unanimous vote of the
members of the City Council.
APPROVED:
MAYOR, LA 7 5. NAUGHTEN
ATTEST/AUTHENTICATED:
7'
TY LERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
v
FILED WITH THE CITY CLERK: January 15, 1987
PASSED BY THE CITY COUNCIL: February 10, 1987
PUBLISHED: February 16, 1987
EFFECTIVE DATE: February 10, 1987
ORDINANCE NO. _ 2602
-2-
Disposition of Traffic Infractions
dropped, spilled, leaked, or otherwise escaping therefrom
shall be covered so as to prevent spillage. Covering of
such loads is not required if six inches of freeboard is
maintained within the bed.
(4) Any vehicle with deposits of mud, rocks, or other
debris on the vehicle's body, fenders, frame, undercar-
riage, wheels, or tires shall be cleaned of such material
before the operation of the vehicle on a paved public
highway.
(5) The legislative transportation committee shall
monitor the effects of subsections (2) through (4) of this
section after June 11, 1986, until January 1, 1987, to
determine if modifications to this section are necessary.
(6) The commission on equipment may make neces-
sary rules to carry into effect the provisions of this sec-
tion, applying such provisions to specific conditions and
loads and prescribing means, methods, and practices to
effectuate such provisions.
(7) Nothing in this section may be construed to pro-
hibit a public maintenance vehicle from dropping sand
on a highway to enhance traction, or sprinkling water or
other substances to clean or maintain a highway. (1986
c 89 § 1; 1971 ex.s. c 307 § 22; 1965 ex.s. c 52 § 1; 1961
c 12'§ 46.56.135. Prior: 1947 c 200 § 3, part; 1937 c 189
§ 44, part; Rem. Supp. 1947 § 6360-44, part. Formerly
RCW 46.56.135.1
Ruks of c"H., Monetary penalty schedule—jTIR 6.2.
Sevenbility--1971 ex.s. a 307: See RCW 70.93.900.
46.61.688 Safety belts, use required —Penal-
ties —Exemptions. (1) For the purposes of this section,
the term "motor vehicle" includes:
(a) "Buses," meaning motor vehicles with motive
power, except trailers, designed to carry more than ten
passengers;
(b) "Multipurpose passenger vehicles," meaning mo-
tor vehicles with motive power, except trailers, designed
to carry ten persons or less that are constructed either on
a truck chassis or with special features for occasional
off -road operation;
(c) "Passenger cars," meaning motor vehicles with
motive power, except multipurpose passenger vehicles,
motorcycles, or trailers, designed for carrying ten pas-
sengers or less; and
(d) "Trucks," meaning motor vehicles with motive
power, except trailers, designed primarily for the trans-
portation of property.
(2) This section only applies to motor vehicles that
meet the manual seat belt safety standards as set forth
in federal motor vehicle safety standard 208. This sec-
tion does not apply to a vehicle occupant for whom no
safety belt is available when all designated seating posi-
tions as required by federal motor vehicle safety stand-
ard 208 are occupied.
(3) Every person sixteen years of age or older operat-
ing or riding in a motor vehicle shall wear the safety belt
assembly in a properly adjusted and securely fastened
manner.
(4) No person may operate a motor vehicle unless all
passengers under the age of sixteen years are either
46.63.020
wearing a safety belt assembly or are securely fastened
into an approved child restraint device.
(5) During the period from June 11, 1986, to January
1, 1987, a person violating this section may be issued a
written warning of the violation. After January 1, 1987,
a person violating this section shall be issued a notice of
traffic infraction under chapter 46.63 RCW. A finding
that a person has committed a traffic infraction under
this section shall be contained in the driver's abstract but
shall not be available to insurance companies or
employers.
(6) Failure to comply with the requirements of this
section does not constitute negligence, nor may failure to
wear a safety belt assembly be admissible as evidence of
negligence in any civil action.
(7) Enforcement of this section by law enforcement
officers may be accomplished only as a secondary action
when a driver of a motor vehicle has been detained for
suspected violation of Title 46 RCW or an equivalent
local ordinance or some other offense.
(8) This section does not apply to an operator or pas-
senger who possesses written verification from a licensed
physician that the operator or passenger is unable to
wear a safety belt for physical or medical reasons.
(9) The commission on equipment may adopt rules
exempting operators or occupants of farm vehicles, con-
struction equipment, and vehicles that are required to
make frequent stops from the requirement of wearing
safety belts. [1986 c 152 § 1.]
y of
1986 c 152: 'The traffic
sin shall undertake astudy of he effectiveness of section f It of this act
and shall report its finding to the legislative transportation committee
by January I, 1989." f 1986 c 152 § 3.1
Physicians —Immunity from liability regarding safety belts: RCW
4.24.235.
Seat belts and shoulder harnesses, required equipment: RCW
46.37.510.
Chapter 46.63
DISPOSITION OF TRAFFIC INFRACTIONS
Sections
46.63.020 Violations as traffic infractions —Exceptions.
46.63.110 Monetary penalties.
46.63.020 Violations as traffic infractions —Ex-
ceptions. Failure to perform any act required or the per-
formance of any act prohibited by this title or an
equivalent administrative regulation or local law, ordi-
nance, regulation, or resolution relating to traffic in-
cluding parking, standing, stopping, and pedestrian
offenses, is designated as a traffic infraction and may
not be classified as a criminal offense, except for an of-
fense contained in the following provisions of this title or
a violation of an equivalent administrative regulation or
local law, ordinance, regulation, or resolution:
(1) RCW 46.09.120(2) relating to the operation of a
nonhighway vehicle while under the influence of intoxi-
cating liquor or a controlled substance;
(2) RCW 46.09.130 relating to operation of nonhigh-
way vehicles;
11996 RCW Supp—page 3831
STATE OF WASHINGTON,
COUNTY OF SNOHOIVj'.ISH,
0
Adopts RCW
,ence.
aulres the City
In one copy of
on file in the
The full text of this ordinance
will be mailed without charge to
anyone who submits a Written
request to the City Clerk of; the
City of Edmonds for a copY'pt
the text.
Approved by the City Council
at their meeting of February.10,
1987.
JACQUELINE G. PARRETT,
City Clerk
Publishes d: Peb. 1¢ 1987. ___
ss.
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
.S.UMMARY... OF ... QFDI.NARGF..... Np ,. 2 603....................................................
......................................................................................................................................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
...................................................................................................................................
FEBRUARY 16th, 1987
and that said newspaper was regularly distributed to its subscribers
during all of/said period.
.�
Principal Clerk
Subscribed and sworn to before me this .... 4th
I
MARCH 87
day of.. ..... ........... 19 — _.
...............`�....... ............................ ..X.......... ........
N. ay Public;in and for the State of Washington,
r i ng at Everett, Snohomish County.
B-2-1