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HomeMy WebLinkAbout1969-1111 ORDINANCE NO, 11// AN ORDINANCE relating to traffic control; regulating motor vehicles, traffic, travel and transportation and their incidents upon the streets, sidewalks, roadways, highways, public highways and other ways open to the public; prescribing 410 powers and duties of officers and others in relation thereto; defining offenses; adopting by reference cer- tain sections of Title 46, Motor Vehicles, of the Revised Code of the State of Washington; providing penalties for violations thereof; amending Sections 9.52.030, 9.56.005, 9.56.010 and 9.60.010, and repeal- ing Chapters 9.04, 9.08, 9.12, 9.16, 9.20, 9.24, 9.28, 9.32, 9.36, 9.40, 9.48. 9.68, 9.72 and 9.76 and Sections 9.34.040 and 9.52.060, all of the City of Yakima Municipal Code. WHEREAS, R.C.W. 35.21.180 authorizes cities and towns within the State of Washington to pass ordinances adopting by reference Washington State Statutes and Codes, or portions thereof, relating to motor vehicles, and WHEREAS, the City Council of the City of Yakima has heretofore examined and understands the scope and purpose of Title 46 of the Revised Code of the State of Washington, Motor Vehicles, and deems it in the best interests of the City of Yakima that sections of such title be adopted as the law of the City of Yakima, and ill WHEREAS, three copies of such Title 46 of the Revised Code of the State of Washington, Motor Vehicles, have heretofore been filed in the office of the City Clerk of the City of Yakima for use and examination by the public, as required by law, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The following listed chapters and sections of chap- ters of the City of Yakima Municipal Code are hereby repealed in their entirety: Chapters 9.04, 9.08, 9.12, 9.16, 9.20, 9.24, 9.28, 9.32, 9.36, 9.40, 9.48, 9.68, 9.72, and 9.76 and Sections 9.34.040 and 9.52.060. Section 2. There are hereby enacted new Chapters and Sections to Title 9, "Traffic Code" of the City of Yakima Municipal Code, which new Chapters and Sections shall be numbered and entitled and shall read as follows: 410 CHAPTER 9.01 WORDS AND PHRASES 9.01.001 Definition of words and phrases. The following words and phrases when used in this Code shall for the purpose of this Code have the meanings respectively ascribed to them in this Chapter, unless where used the context thereof shall clearly indicate to the contrary. 9.01.003 Bicycle. The term bicycle shall mean and include a light vehicle with two or more tandem wheels, with solid or pneumatic tires, having a steering device and a saddle or seat or seats, and propelled by human power. 9.01.005 Central Business District. The Central Business District is defined as the area within the following boundaries: The west curb line of 6th Avenue, the south curb line of Walnut Street, the east curb line of 6th Street, and the north curb line of Lincoln Avenue. 9.01.006 Core Business District. The Core Business District is defined as the area within the following boundaries: The east curb line of 1st Street, the north curb line of Walnut Street, the west curb line of 6th Street, and the south curb line of Lincoln Avenue. • 9.01.007 Curb. The boundary of that portion of the street open to the public for the use of vehicles or motor- driven cycles. 9.01.009 Curb loading zone. A space adjacent to a curb reserved fot the exclusive use of vehicles during the loading or unloading of passengers or materials. 9.01.011 Danger Zone. That portion of a highway, the use of which is prohibited or specially regulated or restricted on account of dangerous conditions, and which is marked by signs or buttons. 9.01.113 Freight curb loading zone. A space adjacent to a curb for the exclusive use of vehicles during the loading or un- loading of freight. 9.01.115 Highway. Highway means the entire width between the boundary lines of every way, alley, lane, road, street, boulevard, parking area, bicycle path, and every other way or place in the city, 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 or bicycle travel. - 2 - 9.01.117 Licensee. Any person who procures from the City of Yakima a license plate or decal for a bicycle together with a registration card accompanying the plate or decal. 9.01.119 Official time standard. Whenever certain hours are named herein, they shall mean standard time of daylight - saving time as may be in current use in this city. 9.01.121 Operator. "Operator" means every person who is in ac- S tual physical control of a motor vehicle upon a highway. 9.01.123 Park or Parking. Means the standing of a vehicle, whether occupied or not, otherwise than temporarily: (a) for the purpose of and while actually engaged in loading or unloading merchandise or passengers; or, (b) to avoid traffic conflict; or, (c) in obedience to traffic regulations. 9.01.125 Passenger curb loading zone. A place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. 9.01.127 Police Officer. Every officer of this municipal police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. 9.01.129 Public Highway. Means the entire width between the boundary lines of every way publicly maintained when any part there a of is open to the use of the public for purposes of vehicular travel. 9.01.131 Railroad. A carrier of persons or property upon or in vehicles, other than street cars, operated upon stationary rails, the route of which is principally outside the City of Yakima. 9.01.133 Rental Agency. Any person engaged in the business of offering for rental or renting vehicles, motorcycles, motor - driven cycles, or bicycles for use by the public. 9.01.135 Right -of -way. The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other. 9.01.137 Residence District. The territory contiguous to and including a highway, not comprising a business district as herein defined. 9.01.139 Stand. That portion of a street set aside and proper- ly marked as a place where vehicles used for the carriage of freight baggage, merchandise or passengers for hire may lawfully park while awaiting employment. 9.01.141 Stop. When required, means complete cessation of movement. 9.01.143 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 com- pliance with the directions of a police officer or traffic - control sign or signal. - 3 - 9.01.145 Tank Trucks. Any automobile, truck, semitrailer or other vehicle used for the transportation of flammable liquids through the public streets, and which for such purpose is provided with a tank maintained on the frame or chassis of such vehicle. 9.01.147 Taxicab. A taxicab is a for hire vehicle. 9.01.149 Towing. The drawing or pulling of any vehicle by another vehicle by means of cable, rope, wire, chain, or other attachment, tow -bars excepted. • 9.01.151 Traffic division. The traffic division of the police department of this city, or in the event a traffic division is not established, then said term, whenever used herein, shall be deemed to refer to the police department of this city. 9.01.153 Unicycle. A unicycle shall be considered, for the purposes of this code, to be a bicycle. - 4 - CHAPTER 9.02 ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS 9.02.010 Authority of police and fire department officials. (a) It shall be the duty of the Chief of Police and such officers of the Police Department or such officers as are assigned by the Chief of Police to enforce this Traffic Code. • (b) Officers of the police department or such officers as are assigned by the Chief of Police 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 emergency or to expedite traffic or to safeguard pedes- trians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of this code. (c) Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. 9.02.015 Required obedience to traffic code. It is unlawful for any person to do any act forbidden or fail to perform any act required in this Code. 9.02.020 Obedience to police and fire department officials. No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer or fire department official. . 9.02.025 Use of coasters, roller skates, and similar devices r estricted. No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway except while crossing a street on a crosswalk and when so crossing, such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This section shall not apply upon any street while set aside as a play street as authorized by this code. Ilr q. off. 030 9.'' -.030 Persons working on highways — exceptions. Unless specifically made applicable, the provisions of this title except Reckless Driving, 9.50.060; Persons under the influence of intoxi- cating liquor, 9.50.040; Persons under the influence of drugs, 9.50.045; shall not apply to persons, trains, motor vehicles and other equipment while actually engaged in work upon the surface of a highway, but shall apply to such persons and vehicles when traveling to or from such work. 9.02.035 Procedure governing arrest and prosecution. The pro - vIsions of the Traffic Rules for Justice Court shall govern the issuance and prosecution of offenses committed in violation of this Code. • 9.02.040 Statutes adopted. The following statutes are hereby adopted by reference. R.C.W. 46.64.020 Nonappearance after written promise, misdemeanor. 46.64.025 Nonappearance after written promise -- Notice to department. 46.64.048 Attempting, aiding, abetting, coerc- ing, committing violations, punish- able. - 5 - 9.02.045 Establishment of fire zones -- Duties of public. (a) 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 three hundred (300) feet or more from said fire, and in every case shall include the two nearest street intersections. Such "Fire Zone" shall remain in existence until such time • as the Chief of Fire Department or his authorized agent shall declare the emergency past. Commanding officers at fires shall have authority to remove from the "Fire Zone" obstructions to the extinguishing of fires. All traffic, including locomotives, railroad cars, vehicular and pedestrian, within a "Fire Zone" shall stop in 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 Depart- ment or their authorized agents. It shall be unlawful to enter a "Fire Zone" or to stop, stand or park in such a manner as to hinder the apparatus of the Fire Department in entering or leaving any "Fire Zone." (b) It shall be lawful for the Chief of the Fire Depart- ment 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. • (c) During an 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 proper- ty, by roping off same, or by stationing a fireman in uniform, or a police officer, to direct traffic, and it shall be unlaw- ful 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. (d) The Chief of the. Fire Department or his authorized agent may, when the walls of a burned building are unsafe or in such condition as to endanger traffic on 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 public streets and private property in and adjacent thereto and place suit - able 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 lines, fences or walls. - 6 - CHAPTER 9.03 TRAFFIC - CONTROL DEVICES AND SIGNALS 9.03.010 Authority to install traffic - control devices. The City Traffic Engineer shall place and maintain traffic - control signs, signals, and devices when and as required under the Traffic Code of this City to make effective the provisions of said code, and may place and maintain such additional traffic - control devices as he may deem necessary to regulate traffic under the Traffic Code of this City or under state law, or to guide or warn traffic. 9.03.020 When traffic devices required for enforcement pur- poses. No provision of this code for which official traffic - control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a parti- cular section does not state that signs are required, such section shall be effective even though no devices are erected or in place. 9.03.025 Official traffic - control devices -- presumption of legality. (a) Whenever official traffic - control devices are placed in position approximately conforming to the requirements of this code, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence. (b) Any official traffic - control device placed pursuant to the provisions of this code, and purporting to conform to the lawful requirements pertaining to such devices shall be pre- sumed to comply with the requirements of this code, unless the contrary shall be established by competent evidence. 9.03.030 Authority to establish play streets. The City Coun- cil shall have authority to declare any street or part thereof a play street by resolution, and the City Traffic Engineer shall then place appropriate signs or devices in the roadway indicating and helping to protect the same. 9.03.035 Play streets. Whenever authorized signs are erected indicating any street or part thereof as a play street, no person, shall drive a vehicle upon any such street or portion thereof ex- cept operators of vehicles having business or whose residences are within such closed area. - 7 - 9.03.040 City traffic engineer to designate crosswalks, establish safety zones. The city traffic engineer is hereby authorized: • (a) To designate and maintain, by appropriate devices, marks, or lines upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary. (b) To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians. 9.03.045 Traffic lanes4 (a) The city traffic engineer is hereby authorized to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary. (b) Where such traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement. 9.03.050 Closed or restricted streets. Whenever the condition . of any street or alley, either newly constructed, repaired or improved, or of prior construction, or any part thereof, is such that its use or continued use by vehicles will greatly damage such street or alley, the City Traffic Engineer or the Chief of Police may close such street or alley to travel by all vehicles, or to any class of vehicles, for such period as he may determine. Upon the closing of any such street or alley, the City Traffic Engineer shall immediately cause to have erected barriers or suitable signs indicating that the street or alley is closed to all vehicles or to such classes of vehicles, and thereafter it shall be unlawful for the operator of any vehicle excluded from the use of such street or alley, or portion thereof, to operate such vehicle thereon. -8- CHAPTER 9.10 SPEED REGULATIONS 9.10.010 State speed laws applicable. The state traffic laws regulating the speed of vehicles shall be applicable upon all streets within this city, except as this code, as authorized by state law, hereby declares and determines upon the basis of engineering and traffic investigation that certain speed regula- tions shall be applicable upon specified streets or in certain areas, in which event it shall be unlawful for any person to drive a vehicle at a speed in excess of any speed so declared in this code when signs are in place giving notice thereof. 9.10.020 Speed regulations. (a) It is hereby determined upon the basis of an engineer- ing and traffic investigation that the speed permitted by state law on the highways described in Section 9.75.010 attached hereto and made a part hereof, all in the City of Yakima, varies from that which is deemed reasonable or safe under the condi- tions found to exist upon such highways and it is hereby declared that the speed limits shall be as hereinafter set forth in Section 9.75.010 on those highways designated therein at the time specified therein when signs are erected giving notice thereof. No person shall operate a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions, and having regard to the actual and potential hazards then existing, or in any event, greater than that speed limit set forth in Section 9.75.010, except as allowed for by law. (b) No operator of any vehicle shall enter any street at any point other than a street intersection at a rate of speed exceeding five (5) miles an hour, nor operate a vehicle in excess of fifteen (15) miles per hour in any alley. 9.10.030 Regulations of speed by traffic signals. The city traffic engineer is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner. 9.10.040 Speed limit Yakima Airport. It shall be unlawful for the operator of any motor vehicle to operate the same at the Yakima Municipal Airport in excess of a speed of twenty -five (25) miles per hour; provided, however, that this section shall not apply to any type of aircraft and shall not apply to any emergency vehicle while the same is being used in an emergency. 9.10.050 Maximum speed limit when passing school or playground crosswalks. Subject to R.C.W. 46.61.400 (1), and except in those instances where a lower maximum lawful speed is provided by this chapter or otherwise, it shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of twenty (20) miles per hour when operating any vehicle upon a public highway of the City of Yakima when passing any marked . school or play- ground crosswalk when such marked crosswalk is fully posted with standard portable school and speed control signs. The speed zone at the crosswalk shall extend three hundred feet in either direc- tion from the marked crosswalk.9 CHAPTER 9.15 TURNING MOVEMENTS 9.15.010 Authority to place and obedience to turning markers. (a) The city traffic engineer is authorized to place and maintain markers, buttons, or signs within or adjacent to inter- sections indicating the course to be travelled by vehicles turn- ing at such intersections in accordance with the provisions of this code and R.C.W. 47.36.060. (b) When authorized markers, buttons, or other indications are placed within an intersection indicating the course to be travelled by vehicles turning thereat, no operator of a vehicle shall disobey the directions of such indications. 9.15.020 Authority to place restricted turn signs. The city traffic engineer is hereby authorized to determine those intersec- tions at which operators of vehicies shall not make a right, left or "U" turn, and shall place proper sighs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event, the same shall be plainly indicated on the signs, or the signs may be removed when such turns are permitted. 9.15.030 Obedience to no -turn signs. Whenever authorized signs are erected indicating that no right or left or "U" turn is permitted, no operator of a vehicle shall disobey the directions of any such sign. 9.15.040 Left turns on two -way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the centerline thereof and by passing to the right of such centerline where it enters the intersection and after enter- ing the intersection the left turn shall be made so as to leave the intersection to the right of, but as nearly as practicable to, the centerline of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection. 9.15.050 "U" Turns. No operator of a vehicle shall make a "U" turn in a business district or in the Core Business District. No operator of a vehicle shall make a "U" turn in any point in the city other than a street intersection or a street end. - 10 - CHAPTER 9.20 ONE -WAY STREETS AND ALLEYS 9.20.010 Authority to sign one -way streets and alleys. When- ever any ordinance of this city designates any one -way street or alley, the city traffic engineer shall place and maintain signs giving notice thereof, and no such regulation shall be effective • unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. 9.20.020 One -way streets and alleys. Upon those streets and parts of streets and in those alleys described in Section.. 9.75.020 attached hereto and made a part hereof, vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersec- tion where movement in the opposite direction is prohibited.. 9.20.030 Authority to restrict direction of movement on streets during cettain periods. (a) The city traffic engineer may, as authorized by ordi- nance, designate streets, parts of streets, or specific lanes thereon upon which vehicular traffic shall proceed in one direc- tion during one period and the opposite direction during another period of the day and shall place and maintain appropriate markings, signs, barriers or other devices to give notice there- ., of. The city traffic engineer may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the roadway. (b) It shall be unlawful for any person to operate any vehicle in violation of such markings, signs, barriers, or other devices so placed in accordance with this code. - 11 - CHAPTER 9.25 SPECIAL STOPS REQUIRED 9.25.005 Emerging from alley or private driveway. r (a) It shall be unlawful for the operator of a vehicle to emerge from an alley, driveway, building exit, private way, or private property onto the roadway of any public highway or across a Sidewalk or into the sidewalk area extending across • any such alley, driveway, building exit, private way or private property without bringing such vehicle to a full stop and yield- ing the right"of' way to all pedestrians or bicycles upon such sidewalk and all vehicles upon such highway. (b) It shall be unlawful for the operator of a vehicle to back such vehicle into or out of an alley, except when the alley is obstructed. 9.25.010 Arterial highways designated. Those streets and parts of streets described in Section 9.75.025, attached hereto and made a part hereof are hereby declared to be arterial highways for the purpose of this code. 9.25.020 Authority to erect stop signs or yield signs- - Intersections where required. Except on such streets that form a part of the route of a primary or secondary state highway upon which the state law requires the State Highway Commission to install, operate, maintain and control traffic - control devices, it shall be the duty of the City Traffic Engineer to: (a) Place and maintain a stop sign on each and every non - arterial public highway intersecting the arterial highways designated in Section '9.25.010; (b) Determine and designate intersections where particular hazard exists upon other than arterial highways designated in Section 9.25.010 and to determine whether vehicles shall (1) stop and yield the right of-way as prescribed in Section 9.25.030 or (2) yield the right of -way as prescribed in Sec- tion 9.25.040, and to place and maintain appropriate signs as prescribed in Section 9.25.050; (c) Determine which entrances to intersections of arterial highways designated in Section 9.25.010 shall be controlled by traffic- control devices and place and maintain appropriate traffic- control devices as prescribed by this Traffic Code. 9.25.025 Stop signs and yield signs. (a) The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the cross walk on the near side of the intersection or, in the event there is no cross walk, at a clearly marked stop line, but if • none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersect- ing roadway. (b) Except when directed to proceed by a police officer or traffic- control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the cross walk on the near side of the intersection or, in the event there is no cross walk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching - 12 - traffic on the intersecting roadway before entering the inter- . section. 9.25.030 Vehicle entering stop intersection. Except when directed to proceed by a police officer or traffic - control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop as required by Section 9.25.025 (b) and after having stopped shall yield the right of way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection. 9.25.040 Vehicle entering yield intersection. The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and shall yield the right of way to any vehicle in the intersection or approaching on another highway so closely as to constitute an im- mediate hazard during the time such driver is moving across or with- in the intersection; provided, however, that if such a driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign, such collision shall be deemed prima facie evidence of his failure to yield right of way. 9.25.050 Design of "stop" and "yield" signs. Every stop sign and yield sign shall be of the standard design adopted by the State Highway Commission. 9.25.060 Stop when traffic obstructed. No operator shall enter an intersection or a marked crosswalk unless there is suf- ficient 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 i traffic - control signal indication to proceed. 9.25.070 Obedience to signal indicating approach of railroad train: (a) Whenever a person driving any vehicle approaches a railroad grade crossing or a street or interurban railroad grade crossing under any of the circumstances herein stated, such person shall stop such vehicle in a safe place and keep the same stationary until such circumstances shall have ceased before traversing such grade crossing. (b) Whenever any pedestrian approaches a railroad grade crossing or a street or interurban railroad grade crossing under any of the circumstances herein stated, such pedestrian shall stop and not pass such crossing but shall remain at a safe place until such circumstances shall have ceased. (c) The foregoing requirements shall apply when: (1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train • proceeding through the crossing; or, (2) A crossing gate or barrier is lowered or being lowered or raised or when a human flagman gives or continues to give a signal of the approach or passage of a train; or, (3) An approaching train is plainly visible and is in hazardous proximity to such crossing; or, (4) An approaching train emits a signal which is audible at such grade crossing and such train by reason of its speed or nearness to such crossing, is is an immediate hazard. CHAPTER 9.30 PEDESTRIANS' DUTIES 9.30.010 Pedestrians to use right half of crosswalk. Pedes- trians shall move, whenever practicable, within the right half . of crosswalks. 9.30.020 Pedestrians' duties. Pedestrians shall not step into that portion of the street open to moving traffic at any point between intersections in the Central Business District, in any business district, on any arterial highway, or between adjacent intersections of streets protected by traffic signal devices or stop signs, except at marked crosswalks or other places specially provided. - 14 - CHAPTER 9.32 REGULATIONS FOR BICYCLES 9.32.001 Effect of regulations. The parent of any child and the guardian of any ward shall not authorize or permit any such child or ward to violate any of the provisions of this article. 9.32.005 License required. No person who resides within this city shall ride or propel a bicycle on any highway unless such • bicycle has been licensed and a license plate or decal is attached thereto as provided herein. 9.32.010 License application. Application for a bicycle license and license plate or decal shall be made to the Chief of Police or authorized bicycle dealer. A license fee of fifty cents ($0.50) shall be paid to the city before each license is issued. In case of theft or loss of a license plate or decal, a duplicate license plate or decal shall be issued upon payment of a fee of twenty -five cents ($0.25). Payments made under this section will be paid into - the General Fund of the City of Yakima. 9.32.015 Issuance of license. (a) The Chief of Police or authorized bicycle dealer upon receiving proper application therefor is authorized to issue a bicycle license which shall be effective from and after the date issued, unless revoked or the bicycle is sold or trans- ferred as hereinafter set forth. (b) The Chief of Police shall not issue a license for any bicycle when he knows or has reasonable ground to believe that the applicant is not owner of, or entitled to the possession • of, such bicycle. (c) The Chief of Police shall keep a record of the number of each license, the date issued, the name and address of the person to whom issued, the number on the frame of the bicycle for which issued, and a record of all bicycle license fees collected by him. 9.32.020 Attachment of license plate. (a) The Chief of Police or authorized bicycle dealer upon issuing a bicycle license, shall also issue a license plate or decal bearing the license number assigned to the bicycle and the name of the city of Yakima. (b) The Chief of Police or authorized bicycle dealer shall cause such license plate or decal to be attached firmly to the rear mudguard or frame of the bicycle for which issued in such position as to be plainly visible from the rear. (c) No person shall remove a license plate or decal from a bicycle during the period for which issued except in the event • the bicycle is dismantled or no longer operated upon any high- way in this city. 9.32.025 Transfer of ownership of licensed bicycle. Every person not a dealer in bicycles who sells or transfers ownership of a licensed bicycle shall report such sale or transfer to the Chief of Police together with the name and address of the person to whom said bicycle was sold or transferred within five (5) days - 15 - from the date of such sale or transfer. Every person to whom such a bicycle is sold or transferred shall apply for a transfer of the registration thereof within five (5) days from such sale or trans- fer. No charge for such transfer of ownership will be made if said bicycle has attached to the rear mudguard or frame thereof a license plate or decal issued under this chapter. 9.32.030 Rental agencies. A rental agency shall not rent or offer any bicycle for rent unless 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 by R.C.W. 46.61.780. 9.32.035 Bicycle dealers. (a) Every person engaged in the business of buying or sell- ing new or second -hand bicycles shall make a monthly report to the Chief of Police of every bicycle or bicycle frame purchased or sold by such dealer, giving the name and address of the per- son from whom purchased or to whom sold, a description of such bicycle by name or make, the frame number thereof, and the num- ber of license plate or decal, if any, found thereon. (b) No bicycle dealer shall purchase, trade or exchange any second -hand bicycle or bicycle part from a minor under the age of eighteen (18) years of age without the consent of parent or guardian of such minor. (c) The Chief of Police may presell to any bicycle dealer in the city of Yakima bicycle licenses or decals together with appropriate registration cards. Such dealers are authorized to resell such licenses and shall complete the registration card which shall be returned to the Chief of Police within five (5) business days. Such dealer shall attach such license or decal to the frame of the bicycle for which issued in such position as to be plainly visible from the rear. 9.32.040 Removal of numbers. No person shall willfully or maliciously remove, destroy, mutilate or alter the serial number of any bicycle licensed pursuant to this code, provided that, the Chief of Police may stamp serial numbers on the frames of bicycles on which no serial number can be found, or which number is illegible or which number is insufficient for identification purposes. 9.32.045 Obedience to traffic regulations. (a) Any person operating a bicycle shall obey the instruc- tions of official traffic - control signals, signs, other control devices and rules of the road applicable to the operator of a motor vehicle, except as to special regulations of this chapter, and except as to those provisions of the Traffic Code which by their nature can have no application. (b) Whenever authorized signs are erected indicating that no right or left or "U" turn is permitted, no person operating a bicycle shall disobey the direction of any such sign, exe(Ipt where such person dismounts from the bicycle to make any synch turn, in which event, such person shall then obey the regula- tions applicable to pedestrians. - 16 - (c) Parking. No bicycle owner or operator shall park or allow his bicycle to be parked, in any business district in such a manner as will hinder free pedestrian or motor vehicle passage, except in those bicycle parking lots or areas desig- nated by the City Traffic Engineer and except on private property with the permission of the owner of such private property. (d) Speed. No bicycle operator shall operate his bicycle faster than twenty (20) miles per hour or faster than that which is reasonable and proper for the location and conditions or operate his bicycle without reasonable regard for the safety of other persons or property. (e) Control. No bicycle operator shall operate his bicycle on any highway in any manner except through the use of at least one hand upon the handlebars thereof, or otherwise indulge in any kind of trick or unsafe riding. (f) Parks. No person shall operate a bicycle within the parks of the City of Yakima or on the paths or sidewalks of such parks, except on paths or parts of paths therein which are set aside for the use of bicycles and are so posted as such. (g) Riding on sidewalk. No person shall operate a bicycle on the sidewalk in the Central Business District. No person shall operate a bicycle on sidewalks in other areas when, on the basis of an engineering and traffic investigation, it is determined to be unsafe or unreasonable and signs giving notice thereof are erected. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right -of -way to • any pedestrian and shall give audible signal before overtaking and passing such pedestrian. (h) Riding on bicycles. A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto. No bicycle shall be used to carry more per- sons at one time than the number for which it is designed and equipped. (i) Riding on roadway and bicycle paths. (1) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. (2) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. (3) Wherever a usable path for bicycles has been pro- vided adjacent to a roadway, bicycle riders shall use 'such • path and shall not use the roadway. (j) Lamps and other equipment on bicycles. (1) Every bicycle when used during the hours of dark- ness as defined in R.C.W. 46.37.020 shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred (500) feet to the front and with a red reflector on the rear of a type approved by the state commission on equipment, which shall be visible from all distances from fifty (50) feet to three - 17 - hundred (300) feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred (500) feet to the rear may be used in addition to the red reflector. (2) Every bicycle shall be equipped with a brake which will enable the operator to make the brake wheels skid on • dry, level, clean pavement. 9.32.050 Penalties. Every person convicted of a violation of any provision of this chapter shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment in the city jail for not more than six (6) months, or both such fine and imprisonment. In addition to any such fine or imprisonment, or both, the courts may suspend for a period not to exceed thirty (30) days any license issued under this chapter, or impound for a period not to exceed thirty (30) days, any bicycle used in violation of the provisions of this chapter. - 18 - CHAPTER 9.35 METHOD OF PARKING 9.35.010 Standing or parking close to curb. No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic move- ment and with the wheels of the vehicle on that side which is con- sistent with the lawful movement of traffic within twelve (12) • inches of the curb or edge of the roadway except as otherwise pro- vided in this Traffic Code. 9.35.020 Markings indicating angle parking. The City Traffic Engineer shall determine upon what streets other than those form- ing a part of the primary or secondary state highways angle park- ing shall be permitted, and sign or mark same for angle parking. 9.35.030 Angle parking. The front wheel of a vehicle angle parked shall touch the curb immediately in front of such vehicle. Such a vehicle shall be parked in such a manner that the entire width of such vehicle is located within the stall or parking space designated by such lines; provided, however, that no vehicle the overall length of which exceeds twenty feet shall angle park. 9.35.040 Obedience to angle parking signs or markings. Upon those streets which have been signed or marked for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. 9.35.050 Permit for loading or unloading at an angle to the curb. The City Traffic Engineer is authorized to issue special a permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit. Such permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such person the privilege as therein stated and authorized herein, and it shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit. Provided, however, that no permit issued hereunder shall be exclusive. CHAPTER 9.36 PARKING METER PARKING • 9.36.010 Type of parking meters -- Installation and control. (a) The City Traffic Engineer is hereby authorized and directed to install or place parking meters in the parking meter zones designated by this Traffic Code. Such parking meters - 19 - shall be placed upon the curb alongside of, or next to, indi- vidual parking places to be designated as hereinafter provided. Each parking meter shall be placed or set in such manner as to show or display by a signal that the parking meter space adjacent to such meter is, or is not, legally in use. Each parking meter shall be so installed and so adjusted and set to display a signal showing legal parking, as follows: 411 (1) The automatically controlled parking meter shall b e adjusted and set to display a signal showing legal park- ing during the legal time that it is actuated by the proper legal coin of the United States. (2) The legal time and the coin required shall be indi- cated by an instruction plate attached to the parking meter. (b) Meters providing fifteen minutes of parking time shall be activated by a one cent coin. , Meters providing thirty minutes or more of parking time shall be activated by the proper number or combination of nickels or dimes as indicated on the instruction plate. Each said meter shall also be set, and adjusted and arranged so that upon expiration of said legal parking time, it will indicate by a mechanical operation that the lawful parking period has expired. 9.36.020 Parking meter spaces -- Establishment and use. The city traffic engineer shall place lines or marks on the curb or on the street or alongside each parking meter to designate the parking space for which said meter is to be used, and each vehicle parked alongside of any parking meter shall park within the lines or markings so established. It shall be unlawful to park any 0 vehicle across any such line or mark or to .park said vehicle in such a way that the same shall not be within the area so desig- nated by such lines or markings 9.36.030 Use of parking meters. (a) Between the hours of 9:00'a.m., and 6:00 p.m., on all days except Sunday, New Year's Day, Lincoln's Birthday, Washing- ton's Birthday, Memorial Day, Fourth of July, Labor Day, Colum- bus Day, Veteran's Day, Thanksgiving Day, General Election Days and Christmas Day when any vehicle shall be parked in any space alongside of or next to which a parking meter is located, in accordance with the provisions of this title, the operator of said vehicle or the person in whose name the vehicle is regis- tered, shall, upon entering such space with said vehicle, immediately deposit in said meter a proper coin or combination of coins for a legal parking time in an amount designated on said meter, and put the meter in operation, unless said parking meter is covered by a locked meter hood by the rentor thereof, as hereinafter provided. (b) If said vehicle shall remain parked in said parking 0 space beyond the legal parking time, or if the operator of said vehicle does not deposit in said meter a proper coin or combina- tion of coins for legal parking time, either of which shall be designated by a sign or signal of said parking meter showing illegal parking, such vehicle shall be considered as parked - 20 - overtime; and the parking of a vehicle overtime, or failure to put said meter in operation, shall be a violation of this code. 9.36.180 Violation -- Extending parking time. (1) It shall be unlawful and a violation of the provisions of this code for any person to deposit or cause to be deposited in a parking meter a coin for the purpose of increasing or extending the parking time of any vehicle beyond the legal maximum parking time which has been established for the park- ing space adjacent to which said parking meter is placed. (2) It shall be unlawful and a violation of the provisions of this code for any person to permit a vehicle to remain in any parking space adjacent to any parking meter while said parking meter is displaying a signal indicating violation. 9.36.190 Prosecutions -- Reports and notices. It shall be the duty of the Chief of Police, or such other official of the City of Yakima as may be delegated authority over standing violations, to keep an account of all such violations; and, (a) Report the number of each parking meter which indicates that the vehicle occupying the adjacent parking space is or has been parked in violation of any of the provisions of this title. (b) Report the license number of such vehicle. (c) Report other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending such violation. (d) Attach to such vehicle a notice that it has been parked in violation of this title and instructing the owner or opera- tor to report at the perking violation bureau of the City of Yakima, or such other place in the city where such violations may be reported, in regard to such violation within five days. 9.36.200 Unlawful use of parking meters. It shall be unlawful to deposit or cause to be deposited in any parking meter any slug, device or substitute for a legal coin of the United States. 9.36.210 Revenue from parking meters -- Current Expense Fund- - Bond. (a) The coins required to be deposited in parking meters as provided herein are hereby levied and assessed as fees to provide for the proper regulation and control of traffic upon the public streets and to cover the cost of the supervision, inspections, installation, operation, maintenance, control and use of the parking space and parking meter described herein, • and also the cost of supervision and regulating the parking of vehicles in the parking meter zones created hereby. - 21 - (b) The Director of Finance, or his duly authorized agents, shall collect, from time to time, all revenues from parking meters installed pursuant to this chapter and place the same in the Current Expense Fund. The person collecting said revenues from said meters shall first enter into a bond to the city, with good and sufficient surety, in the amount of one thousand dollars to guarantee the faithful performance of his duties and a faithful accounting of all monies so received or collected by him. 9.36.220 Parking meter zones - -Time restrictions. Those high- ways and parts of highways described in Section 9.75.030 are hereby designated parking meter zones with such legal parking time restrictions and coin requirements as may appear in Section 9.75.030. 9.36.230 Short term parking meter zones. Thirty minutes, one nickel; and fifteen or twelve minutes, one penny; parking meter zones or locations shall be interspersed among the meter zones as herein established. Short term parking meters will be placed adjacent to public buildings or near business district intersections as directed by the city traffic engineer. Such short term parking meters shall be painted red, 9.36.240 Use of meter hoods -- Violations - -Fees. (a) A meter hood may be obtained by filing a written application therefor with the City Manager of the City of Yakima; which application shall state the name and address of the applicant, a statement as to the business in which applicant is engaged, and a description of applicant's trucks or automobiles used in the conduct and operation of applicant's business. The City Manager shall refer said application to the Chief of Police of the City of Yakima. (b) It shall be the duty of the Chief of Police of the City of Yakima to investigate the facts stated in the applica- tion, and to determine the necessity for the use of the meter hood in conducting or operating the business of the applicant. (c) Upon the approval of the application by the Chief of Police of the City of Yakima, said approved application shall be presented by the applicant to the city treasurer of the City of Yakima, and he shall pay the said city treasurer a deposit of five dollars, together with one month's rental of said meter hood, in the sum of three dollars. (d) The rental charge for the use of said meter hoods is hereby established at three dollars per month for a period of thirty days from date of issuance of hood, or thirty dollars per year; all rental fees payable in advance. • (e) It shall be unlawful for any person, firm or corpora- tion to use a meter hood in any fifteen - minute or thirty - minute parking meter zone. (f) It shall be unlawful to use any meter hood, when the rental on said hood remains unpaid. - 22 - (g) It shall be unlawful to use a meter hood, or to allow the same to remain upon a parking meter, unless the parking space adjacent to said parking meter is occupied by a motor vehicle.described in the application for such meter hood. (h) In the event of the surrender of a meter hood by the renter or the repossession thereof by the Police Department, there shall be deducted from the five dollars deposit for each meter hood the following amounts for parts lost, damaged or destroyed: padlock, one dollar; key, fifty cents; meter hood, • three dollars and fifty cents. In the event said meter hood padlock and key are surrendered or repossessed in good condi- tion, and all rentals thereon have been paid, the deposit of five dollars on each hood shall be returned to the depositor. - 23 - CHAPTER 9.37 STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED PLACES 9.37.010 Parking not to obstruct traffic. No person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than 8 feet of the width of the roadway for free movement of vehicular traffic. 111 9.37.020 Parking in alleys. No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than 8 feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property. 9.37.030 Parking prohibited in specific areas. It shall be unlawful for the operator of a vehicle to stop, stand or park such vehicle as follows, except when necessary to avoid conflict with other traffic or to comply with other provisions of this code, or with the directions of a police officer or traffic - control signal or device: (a) In front of, or within six feet of, a United States mail box. (b) In an alley, except that trucks or properly marked vehicles may park or stand in alleys for such time, not in excess of 30 minutes, as may be necessary for the expeditious loading or unloading of such vehicles or the delivery or pick- ing up of articles or materials. (c) On that portion of any street contiguous to and opposite any outside court, corridor, passage, fire escape, exit or entrance door or any other place adjacent to, or any door open- ing in an outer wall of any building contaning, in whole or in part, any theatre, public auditorium, church, dance hall or other place of public assembly through which the public must pass to leave such building. And it shall be incumbent upon, and the duty of the owner or agent of the property used for the purpose herein specified to designate such prohibited areas by marking curb lines adjacent thereto with red lines not less than four feet in width or by placing stanchions or signs satisfactory to the Traffic Engineer of the City of Yakima. (d) Less than three feet from the front or rear of any law- fully parked vehicle or less than one foot from any vehicle lawfully parked at an angle; provided, that the provisions hereof shall not apply to those parking spaces designated as bumper - to - bumper parking. (e) So that the left side of such vehicle, if parked parallel, or the front left wheel, if angle parked, shall be next to the curb; provided, that the provisions hereof shall • not apply to vehicles parked on the left side of any street designated as a one -way street. (f) In any officially designated public carrier stand, except for a public carrier of the class for which the stand is designated, except further that the operator of any vehicle may temporarily stop in such stand for the purpose of and while actually engaged in the loading or unloading of passengers. - 24 - 9.37.040 Parking for certain purposes prohibited. No person shall park a vehicle upon any roadway for the principal purpose of: (a) Displaying such vehicle for sale or for advertising services for vehicles. (b) Washing, greasing, servicing, or repairing such vehicle, except repairs necessitated by an emergency. 9.37.050 Parking adjacent to schools. (a) The City Traffic Engineer is hereby authorized to erect signs indicating no parking upon either or both sides of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation. (b) When official signs are erected indicating no parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place. 9.37.060 Restricted parking zones - -City Hall. It shall be unlawful for the operator of any vehicle except a publicly -owned vehicle to park on East "B" Street between North Second Street and North Third Street in the zone marked "City Cars Only" and further designated by yellow painted curb. 9.37.070 Parking prohibited on narrow streets. • (a) The City Traffic Engineer is hereby authorized to erect signs indicating no parking upon both sides of a street when the width of an improved roadway does not exceed twenty (20) feet, or upon one side of a street as indicated by such signs when the width of the improved roadway is between twenty (20) and twenty -eight (28) feet. (b) When official signs prohibiting parking are erected upon any narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of such sign. 9.37.080 No stopping, standing, or parking near hazardous or congested places. (a) The City Traffic Engineer is hereby authorized to determine and designate by proper signs, places in which the stopping, standing, or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic. (b) When official signs are erected at hazardous or con- gested places as authorized herein, no person shall stop, • stand, or park a vehicle in any such designated place. - 25 - CHAPTER 9.38 STOPPING, STANDING, OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS 9.38.010 Application of Chapter. The provisions of this chapter prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic - control device. 9.38.020 Regulations not exclusive. The provisions of this chapter imposing a time limit on parking shall not relieve any person from the -duty to observe other and more restrictive provi- sions prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at specified times. 9.38.030 Parking prohibited at all times on certain streets. When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets described in Section 9.75.040. 9.38.040 Parking prohibited during certain hours on certain streets. When signs are erected in each block giving notice there- of, no person shall park a vehicle between the hours specified in Section 9.75.050 of any day except Sundays and public holidays • within the district or upon any of the streets described in said Section 9.75.050. "Public holidays" within the meaning of this section embrace only the days for the observance of the birth of Abraham Lincoln; the birth of George Washington; for Memorial (Decoration) Day; for the anniversary of the Declaration of Independence; for Labor Day; for Columbus Day; for Veterans' Day; for General Election Day; for Thanksgiving Day; for Christmas Day; and for New Year's Day. If any of these public holidays falls upon a Sunday, the day next following such holiday shall be the holiday therefor. 9.38.050 Parking time limited on certain streets. When signs are erected in each block giving notice thereof, no person shall park a vehicle for longer than the times specified in Section 9.75.060 at any time between the hours of nine o'clock a.m. and six o'clock p.m. of any day except Sundays and public holidays specified in Section 9.38.040 above within the district or upon any of the streets described in Section 9.75.060. 9.38.060 Parking signs required. Whenever by this or any other ordinance of this city any parking time limit is imposed or parking is prohibited on designated streets, it shall be the duty of the City Traffic Engineer to erect appropriate signs giving notice thereof, and no such regulations shall be effective unless said signs are erected and in place at the time of any alleged offense. - 26 - CHAPTER 9.39 STOPPING FOR LOADING OR UNLOADING ONLY 9.39.010 City Traffic Engineer to designate curb loading zones. The City Traffic Engineer is hereby authorized to determine the location of passenger and freight curb loading zones and shall place and maintain appropriate signs indicating the same and stating the hours during which the provisions of this section are applicable. • 9.39.030 Standing in passenger curb loading zone. No persons shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of pas- sengers in any place marked as a passenger curb loading zone during hours when the regulations applicable to such curb loading zone are effective, and then only for a period not to exceed three (3) minutes. 9.39.040 Standing in freight curb loading zone. (a) No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious un- loading and delivery or picking up and loading of materials in any place marked as a freight curb loading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of materials exceed thirty (30) minutes. (b) The operator of a passenger vehicle may stop temporarily at a place marked as a freight curb loading zone for the purpose of, and while actually engaged in, loading or unloading passengers when such stopping does not interfere with any motor vehicle used for the transportation of materials which is waiting to enter, or about to enter, such zone. 9.39.050 City Traffic Engineer to designate public carrier stands. The City Traffic Engineer is hereby authorized and required to establish bus stops and bus zones, and to designate and set aside taxicab stands according to the provisions of Section 5.78.120 of the City of Yakima Municipal Code, on public streets in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand and taxicab stand shall be designated by appropriate signs. - 27 - • 9.39.060 Stopping, standing, and parking of busses and taxi- cabs regulated. (a) The operator 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. (b) The operator 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. (c) The operator 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 be in a position with the right front wheel of such vehicle not further than 18 inches from the curb and the bus approximately parallel to the curb so as not to impede unduly the movement of other vehicular traffic. (d) The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand so designated as provided herein. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parkin3 regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers. - 28 - CHAPTER 9.42 VEHICLES 9.42.010 Boarding or alighting from vehicles. No person shall board or alight from any vehicle while such vehicle is in motion. 9.42.020 Opening and closing vehicle doors. No person shall open the door of a motor vehicle on the side available to moving • traffic unless and until it is reasonably safe to do so, nor shall any person leave a door open on the side of a motor vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. 9.42.030 Unlawful riding. No person shall ride on any vehicle upon any portion thereof not designated or intended for the use of passengers. This provision shall not apply to a person engaged in the necessary discharge of a duty, or to a person riding within truck bodies intended for merchandise. - 29 - CHAPTER 9.50 MISCELLANEOUS RULES 9.50.010 Driving through funeral or other procession. No operator of a vehicle, except authorized emergency vehicles, shall drive between or interrupt the vehicles comprising a funeral 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 National Guard of the State of Washington, while they are in motion and when such vehicles are conspicuously designated as required in this code. This provision shall not apply at intersec- tions where traffic is controlled by traffic - control signals unless a police officer is present at such intersections to direct traffic so as to preserve the continuity of the procession. 9.50.015 Operators in a procession. Each operator in a funeral or other procession shall drive as near to the right -hand edge of the roadway as practical and shall follow the vehicle ahead as close as is practical and safe. 9.50.020 Funeral processions to be identified. A funeral com- posed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant, or marker, or designated by illuminated headlights, or by such other method as may be determined and designated by the Chief of Police. 9.50.025 When permits required for parades and processions. (a) With the exception of a religious or a funeral procession, no processions or parades shall be conducted on the city streets without first notifying the Chief of Police and the City Manager, and obtaining a permit to do so from said 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 said parade. Such notification shall be delivered to the Chief of Police and the City Manager twenty -four 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 parade as traffic conditions and public safety may require, and with the approval or on the order of the City Manager, or in his absence, with the consent and approval of any member of the City Council, may forbid or stop any such parade, whenever deemed necessary for the preservation of the public peace. No parade shall be held in the City of Yakima on any week day starting during the hours of three p.m. • to six p.m., and no parade shall be held on any Saturday starting later than ten-thirty a.m. during the forenoon nor starting before six p.m. in the afternoon, without previous written con- sent of the City Council at its discretion. (b) It shall be unlawful to march in any parade upon any street unless there is carried unfurled at the head of such parade a flag of the United States of America, not less than fifty -two inches by sixty -six inches; provided, however, that this requirement shall not apply in the case of a parade of any military or naval force of a friendly nation, who, as visitors or guests, may be permitted to parade with their own national flag, colors or ensigns. - 30 - (c) It shall be unlawful to march in any parade upon any street carrying any flag or banner, except the flag, colors, or ensigns of the United States of America, or any of its mili- tary or naval organizations, including the National Guard or the recognized flag or emblems of any friendly foreign nation or country unless such flag or banner bears some distinct name in letters clearly legible at a distance of at least one hundred feet, or legend, design or insignia, clearly designating or • descriptive of, or identifying it as the emblem of the persons, society, association or organization marching in such parade; provided, however, that this requirement shall not apply to any flag, banner, pennants, or other devices used for purely decorative or spectacular effects in any parade having no direct or indirect political purpose or object. In no case shall any American flag be carried which shall bear any lettering, adver- tisement or other defacement. (d) The provisions of this section shall not apply to a religious or funeral procession; Provided, that in case any flag or banner is carried in such procession, it shall be the flag of the United States of America or that of some recognized patriotic, fraternal or secret society. 9.50.030 Vehicles shall not be driven on a sidewalk. The operator of a vehicle shall not drive within any sidewalk area except at a driveway. 9.50.035 Clinging to moving vehicles. Any person riding upon any bicycle, motorcycle, coaster, sled, roller skates, or any toy vehicle shall not attach the same or himself to any moving vehicle • upon any highway or to any train. 9.50.040 Persons under the influence of intoxicating liquor. (a) It is unlawful for any person who is under the influence of or affected by the use of intoxicating liquor or of any nar- cotic drug to drive or be in actual physical control of a vehicle within this city. (b) 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 presumptions: (1) If there was at that time 0.05 per cent 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. (2) If there was at that time in excess of 0.05 per cent • but less than 0.10 per cent by weight of alcohol in the per- son's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of intoxi- cating liquor, but such fact may be considered with other competent evidence in detertnining whether 'the person was under the influence of intoxicating liquor. (3) If there was at that time 0.10 per cent or more by weight of alcohol in the person's blood, it shall be presumed that he was under the influence of intoxicating liquor. (4) Per cent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred cubic centi- meters of blood. - 31 - (5) The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was un- der the influence of intoxicating liquor. (c) 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. The state toxicolo- gist is directed to approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to issue permits which shall be subject to termination or revoca- tion at the discretion of the state toxicologist. (d) When a blood test is administered under the provisions of section 9.50.041 of this code, the withdrawal of blood for the purpose of determining its alcoholic content may be per- formed only by a physician, a registered nurse, or a qualified technician. This limitation shall not apply to the taking of breath specimens. (e) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified per- son of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforce- ment 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. (f) Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney. 9.50.041 Implied Consent. (a) Any person who operates a motor vehicle upon the public highways of this city shall be deemed to have given consent, subject to the provisions of Section 9.50.040, to a chemical test or tests of his breath or blood for the purpose of deter- mining the alcoholic content of his blood if arrested for any offense where, at the time of the arrest, the arresting officer 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 reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle upon the public highways of this city while under the influence of intoxicating liquor. Such officer shall inform the person of . his right to refuse the test, and of his right to have addi- tional tests administered by any qualified person of his choos- ing as provided in Section 9.50.040. The officer shall warn the driver that his privilege to drive will be revoked or denied if he refuses to submit to the test. Unless the person to be tested is unconscious, the chemical test administered shall be of his breath only. (b) Any person who is dead, unconscious or who is otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection - 32 - (a) of this section and the test or tests may be administered, subject to the provisions of section 9.50.040. (c) If, following his arrest, the person arrested refuses upon the request of a law enforcement officer to submit to a chemical test of his breath, after being informed that his refusal will result in the revocation or denial of his privi- lege to drive, no test shall be given. Whenever the request of the law enforcement officer is refused, such officer shall make or cause to be reported a sworn report to the Department • of Motor Vehicles that he had reasonable grounds to believe the arrested person had been driving or was in actual physical con- trol of a motor vehicle upon the public highways of this city while under the influence of or affected by intoxicating liquor and that the person had refused to submit to the test upon the request of the law enforcement officer after being informed that such refusal would result in the revocation or denial of such person's privilege to drive. 9.50.045 Persons under the influence of drugs. It is unlawful for any person who is an habitual user of, or under the influence of, or affected by, any exhilarating, stupifying or narcotic drug, or who is under the influence of any other drug to a degree which renders him incapable of safely operating a vehicle, to operate a vehicle within this city. The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of the State of Washington shall not consti- tute a defense against any charge of violating this section. 0 9.50.050 Driving while under the influence of intoxicating liquor or drugs - Penalty. • (a) Every person who is convicted of a violation of Sec- tion 9.50.040 or Section 9.50.045 shall be punished by imprison- ment 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. (b) On a second or subsequent conviction of either offense 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 subsequent conviction is without a license or permit to drive because of a previous suspension or revocation, the minimum mandatory sentence shall be ninety days in jail and a Two Hundred Dollars fine, which minimum mandatory sentence shall not be suspended. (c) Convictions under the laws of either a state or of any municipal corporation within a state for either a similar or like offense shall be deemed a prior conviction for the pur- poses of this section. - 33 - 9.50.055 Negligent driving. (a) Any person who drives any vehicle in such a manner as to endanger or be likely to endanger any person or property is guilty of negligent driving, which is a misdemeanor. (b) The offense of operating a vehicle in a negligent manner shall be considered to be a lesser offense than, but included in, the offense of operating a vehicle in a reckless • manner, and any person charged with operating a vehicle in a reckless manner may be convicted of the lesser offense of operating a vehicle in a negligent manner. 9.50.060 Reckless driving. Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving, which is a misdemeanor. 9.50.065 Drivin: while license su_- •ended or revoked - Penalt . Any person who drives a motor vehicle on any highway within the City of Yakima at a time when his privilege so to do is suspended or revoked or when his policy of insurance or bond, when required under the laws of the State of Washington, shall have been can- celled or terminated, shall be guilty of a misdemeanor. Upon the first conviction therefor, he shall be punished by imprison- ment for not less than 10 days nor more than six months. Upon the second such conviction therefor, he shall be punished by im- prisonment for not less than ninety days nor more than six months. Upon the third or subsequent such conviction therefor, he shall be punished by imprisonment for six months. There may also be imposed in connection with each such conviction a fine of not more than Five Hundred Dollars ($500). 9.50.070 Cruising. It shall be unlawful to cruise, drive or operate any motor vehicle, other than an official police vehicle, repeatedly or persistently to and fro upon Yakima Avenue or any other public street for an excessive, unnecessary or unreasonable length of time. - 34 - 9.50.075 Right of way of emergency vehicles. In the order named and when responding to emergency calls, the following vehicles shall have the right of way over all other traffic: Vehicles and apparatus of the Fire Department; vehicles and motorcycles of the Police Department; ambulances and repair vehicles of public service companies and the City of Yakima. • 9.50.080 Speedometer required. No person shall operate any motor vehicle, motorcycle, or motor driven cycle without having attached to such vehicle in a place conspicuous to the operator thereof a speedometer which accurately indicates at all times the speed at which such vehicle is being operated. 9.50.090 Crossing wet paint lines. It shall be unlawful to operate a vehicle or bicycle upon or across a freshly painted line or marker on any street or crosswalk where there is a warn- ing sign as to such wet paint. - 35 - • CHAPTER 9.70 STATUTES OF THE STATE OF WASHINGTON ADOPTED BY REFERENCE 9.70.010 Interpretation. For the purposes of interpreting the meaning of the statutes adopted by reference, references therein to the State of Washington or to the highways of the state shall refer to the City of Yakima or the highways of the city. •, 9.70.020 Definition and Words and Phrases. The following statutes are hereby adopted by reference: R.C.W. 46.04.010 Scope. 46.04.020 Alley. 46.04.030 Arterial Highway. 46.04.040 Authorized emergency vehicle. 46.04.050 Auto Stage. 46.04.060 Axle. 46.04.080 Business District. 46.04.090 Cancel. 46.04.100 Center line. 46.04.110 Center of intersection. 46.04.120 City street. 46.04.130 Combination of vehicles. 46.04.140 Commercial vehicle. 46.04.150 County road. 46.04.160 Crosswalk. 46.04.165 Driveway - towaway operation. 46.04.170 Explosives. 46.04.180 Farm tractor. 46.04.190 Forhire vehicle. 46.04.200 Hours of darkness. 46.04.210 Flammable liquid. 46.04.220 Intersection area. 46.04.230 Intersection center marker. 46.04.240 Intersection control area. 46.04.250 Intersection entrance marker. 46.04.260 Laned highway. 46.04.270 Legal owner. 46.04.280 Local authorities. 46.04.290 Marked crosswalk. 46.04.300 Metal tire. 46.04.310 Motor truck. 46.04.320 Motor vehicle. 46.04.330 Motorcycle. 46.04.332 Motor - driven cycle. 46.04.340 Muffler. 46.04.350 Multiple lane highway. 46.04.360 Non resident. 46.04.380 Owner. 46.04.382 Passenger car. 46.04.400 Pedestrian. 46.04.405 Person. 46.04.410 Pneumatic tires. 46.04.414 Pole trailer. 46.04.420 Private road or driveway. 46.04.435 Public scale. 46.04.450 Railroad sign or signal. 46.04.460 Registered owner. 46.04.470 Residence district. 46.04.480 Revoke. 46.04.490 Road tractor. 46.04.500 Roadway. 46.04.510 Safety zone. - 36 - R.C.W.46.04.521 School bus. 46.04.530 Semi trailer. 46.04.540 Sidewalk. 46.04.550 Solid tire. 46.04.552 Special mobile equipment. 46.04.560 State highway. 46.04.570 Street car. 46.04.580 Suspend. 46.04.585 Temporarily sojourning. 46.04.590 Traffic. • 46.04.600 Traffic control signal 46.04.611 Traffic control devices. 46.04.630 Trailer. 46.04.640 Train. 46.04.650 Truck tractor. 46.04.660 Used vehicle. 46.04.670 Vehicle. 46.04.680 Director -- Department. 46.08.060 Classification as emergency vehicles. 9.70.030 Vehicle License. The following statutes are hereby adopted by reference: R.C.W.46.16.010 Licenses and plates required. 46.16.180 Unlawful to carry passengers for hire without license. 46.16.230 License plates to be furnished. 46.16.240 Attachment of plates to vehicles -- Violations enumerated. 46.16.260 License registration certificate-- Endorse- ment -- Attachment to vehicle. 9.70.040 Operators' license. The following statutes are hereby adopted by reference: R.C.W.46.20.021 Driver's license required -- Surrender of license held from another jurisdiction - -Other license not required. 46.20.041 Physically or mentally disabled persons- - Procedure-- Restrictions -- Violations -- Penalty. 46.20.190 License to be in immediate possession and displayed on demand. 46.20.205 Change of address or name - -Duty to notify department. 46.20.336 Violations -- Penalty. 46.20.343 Unlawful to allow unauthorized minor child or ward to drive. 46.20.344 Unlawful to allow unauthorized person to drive. 46.20.410 Penalty. 46.20.420 Operation of motor vehicle prohibited while license is suspended or revoked. 46.20.430 Stopping of vehicle registered to person • whose driver's license has been suspended or revoked authorized -- Display of license. 46.20.440 Operation of vehicles requiring special skills -- Additional examination and special license endorsement required -- Exemption. 9.70.050 Vehicle lighting and other equipment. The following statutes are hereby adopted by reference: R.C.W.46.37.010 Scope and effect of regulations -- General penalty. 46.37.020 When lighted lamps and signaling devices are required. - 37 - R.C.W. 46.37.030 Visibility distance and mounted height of lamps. 46.37.040 Head lamps on motor vehicles. 46.37.050 Tail lamps. 46.37.060 Reflectors. 46.37.070 Stop lamps and turn signals required. 46.37.080 Application of succeeding sections. 46.37.090 Additional equipment required on certain vehicles. • 46.37.100 Color of clearance lamps, side marker lamps, back -up lamps and reflectors. 46.37.110 Mounting of reflectors, clearance lamps and side marker lamps. 46.37.120 Visibility of reflectors, clearance lamps, identification lamps and side marker lamps. 46.37.130 Obstructed lights not required. 46.37.140 Lamps, reflectors, and flags on projecting load. 46.37.150 Lamps on vehicles Parked or stopped vehicles, lighting requirements. 46.37.160 Lamps and reflectors on farm tractors, farm equipment and implements of husbandry. 46.37.170 Lamps and reflectors on other vehicles and equipment. 46.37.180 Spot lamps and auxiliary lamps. 46.37.185 Blue light on firemen's private cars. 46.37.186 Fire department sign or plate on private car. 46.37.187 Blue light, sign or plate -- Identification card required -- Funeral coach may display blue light. 46.37.188 Penalty for violation of RCW 46.37.184 through 411 46.37.188. 4 6.37.190 Red lights on emergency vehicles, school buses, police vehicles -- Sirens on emergency vehicles -- Driver's duty to yield and stop. 46.37.200 Stop lamps and electric turn signals. 46.37.210 Additional lighting equipment. 46.37.220 Multiple -beam road - lighting equipment. 46.37.230 Use of multiple -beam road - lighting equipment. 46.37.240 Single -beam road - lighting equipment. 46.37.250 Lighting equipment on motor- driven cycles. 46.37.260 Alternate road lighting equipment. 46.37.270 Number of driving lamps required or permitted. 46.37.280 Special restrictions on lamps. 46.37.290 Special lighting equipment on school buses. 46.37.300 Standards for lights on snow - removal or high- way maintenance and service equipment. 46.37.310 Selling or using lamps or equipment. 46.37.340 Braking equipment required. 46.37.351 Performance ability of brakes. 46.37.360 Maintenance of brakes. 46.37.365 Hydraulic brake fluid -- Defined -- Standards and specifications. • 46.37.370 Brakes on motor - driven cycles. 46.37.380 Horns and warning devices. 46.37.390 Mufflers, prevention of noise and smoke. 46.37.400 Mirrors. 46.37.410 Windshields must be unobstructed and equipped with wipers. 46.37.420 Restrictions as to tire equipment. 46.37.430 Safety glazing materials in motor vehicles. 46.37.460 Vehicles transporting explosives. 46.37.470 Air - conditioning equipment. 46.37.480 Television viewers. - 38 - R.C.W. 46.37.490 Safety load chains and devices required. 46.37.500 Splash guards. 46.37.510 Seat belts. 9.70.060 Size, Weight, Load. The following statutes are hereby adopted by reference. R.C.W. 46.44.010 Outside width limit. 46.44.020 Maximum height -- Impaired clearance signs. 46.44.030 Maximum lengths. 46.44.034 Front and rear protrusions. 46.44.036 Combination of units. Limitation. 46.44.037 Lawful operations -- Special permits. 46.44.038 Width, height, length and combinations restrictions -- Special permits to exceed authorized. 46.44.040 Maximum gross weights. Axle factor. 46.44.042 Tire factor. 46.44.044 Wheelbase factor. 46.44.046 Excess weight. Discretion of arresting officer. 46.44.047 Logging trucks -- Special permits- - County permits -- Fees -- Discretion of arresting officer. 46.44.050 Minimum length of wheelbase. 46.44.060 Outside load limits for passenger vehicles. 46.44.070 Drawbar requirements -- Trailer whipping or weaving -- Towing flag. 46.44.098 Special permits for oversize or overweight, movements -- Misrepresentations and viola- tions-- Penalty -- Display of permit- -Hear- ing. • 46.44.100 Enforcement -- Weighing and lightening. 9.70.070 Accidents and Reports. The following statutes are hereby adopted by reference. R.C.W. 46.52.010 Duty on striking unattended car or other property. 46.52.020 Duty in case of injury to or death of person or damage to attended vehicle. 46.52.030 Accident reports. 46.52.040 Report when operator disabled. 46.52.070 Police officer's report. 46.52.080 Confidentiality of reports -- Information required to be disclosed -- Evidence. 46.52.083 Availability of factual data to interested parties. 46.52.085 Fee for written information. 46.52.090 Reports by repairmen, storage men and appraisers -- Violations, penalties. 46.52.110 Stolen and abandoned vehicles -- Reports of -- Notice -- Sale -- Violations -- Penalties. • 9.70.080 Obedience to and effect of traffic laws. The follow- ing statutes are hereby adopted by reference. R.C.W. 46.61.005 Provisions of chapter refer to vehicles upon the highways -- Exceptions. 46.61.010 Required obedience to traffic laws. 46.61.015 Obedience to police officers and flagmen. 46.61.020 Refusal to give information to or cooperate with officer. 46.61.025 Persons riding animals or driving animal - drawn vehicles. 46.61.035 Authorized emergency vehicles. - 39 - 9.70.090 Traffic signs, signals and markings. The following statutes are hereby adopted by reference. R.C.W. 46.61.050 Obedience to and required traffic - control devices. 46.61.055 Traffic - control signal legend. 46.61.060 Pedestrian - control signals. 46.61.065 Flashing signals. 46.61.070 Land - direction- control signals. 46.61.075 Display of unauthorized signs, signals or markings. 46.61.080 Interference with official traffic - control devices or railroad signs or signals. 46.61.085 Traffic - control signals or devices upon city streets forming part of state highways- - Approval by commission required. 47.36.030 Traffic control devices - Specifications to be furnished to counties and cities. 47.36.060 Traffic devices on county roads and city streets. 47.36.130 Meddling with signs prohibited. 47.36.180 Forbidden devices -- Penalty. 47.36.200 Signs or flagmen at thoroughfare work sites. 47.36.220 --- Drivers of vehicles engaged in work must obey signs or flagmen. 9.70.100 Driving on right side of roadway -- Overtaking and Passing- -Use of Roadway. The following statutes are hereby adopted by reference. R.C.W. 46.61.100 Drive on right side of roadway -- Exceptions. 46.61.105 Passing vehicles proceeding in opposite directions. • 46.61.110 Overtaking a vehicle on the left. 46.61.115 When overtaking on the right is permitted. 46.61.120 Limitations on overtaking on the left. 46.61.125 Further limitations on driving to left of center of roadway. 46.61.130 No- passing Zones. 46.61.140 Driving on roadways laned for traffic. 46.61.145 Following too closely. 46.61.150 Driving on divided highways. 46.61.155 Restricted access. 46.61.160 Restrictions on use of controlled- access roadway. 9.70.110 Right of Way. The following statutes are hereby adopted by reference. R.C.W. 46.61.180 Vehicle approaching intersection. 46.61.185 Vehicle turning left. 46.61.190 Vehicle entering stop or yield intersection. 46.61.195 Arterial highways designated -- Stopping on entering. 46.61.200 Stop intersections other than arterial may be designated. 46.61.210 Operation•of vehicles on approach �f authorized emergency vehicles. 9.70.120 Pedestrians' rights and duties. The following statutes are hereby adopted by reference. R.C.W. 46.61.230 Pedestrians subject to traffic regulations. 46.61.235 Pedestrians' right of way in crosswalks. 46.61.240 Crossing at other than crosswalks. 46.61.245 Drivers to exercise care. 46.61.250 Pedestrians on roadways. 46.61.255 Pedestrians soliciting rides or business. 46.61.260 Driving through safety zone prohibited. - 40 - R.C.W. 46.61.265 Blind pedestrians. 46.61.210 - -- Use of device for blind by others pro - hibited. 9.70.130 Turning and starting and signals on stopping and turning. The following statutes are hereby adopted by reference. R.C.W. 46.61.290 Required position and method of turning at intersedtions . (Except (2) thereof.) 46.61.295 "U" turns on curve or crest of grade pro- s hibited. 46.61.300 Starting parked vehicle. 46.61.305 Turning movements and required signals. 46.61.310 Signals by hand and arm or signal lamps. 46.61.315 Method of giving hand and arm signals. 9.70.140 Special stops required. The following statutes are hereby adopted by reference. R.C.W. 46.61.345 All vehicles must stop at certain railroad grade crossings. 46.61.350 Certain vehicles must stop at all railroad grade crossings. 46.61.355 Moving heavy equipment at railroad grade crossings. 46.61.360 Stop signs and yield signs. 46.61.370 Overtaking and passing school bus. 46.61.385 School patrol-- Appointment -- Authority -- Finance -- Insurance. 9.70.150 Speed restrictions. The following statutes are hereby adopted by reference. • R.C.W. 46.61.400 Basic rule and maximum limits. 46.61.425 Minimum speed regulation. 46.61.450 Maximum speed, weight or size in traversing bridges, elevated structures, tunnels, underpasses -- Posting limits. 46.61.455 Vehicles with solid or hollow cushion tires. 46.61.465 Exceeding speed limit evidence of reckless driving. 46.61.475 Charging violations of speed regulations. 9.70.160 Reckless drivin: Racing. Advertising unlawful speed. The following statutes are hereby adopted by reference. R.C.W. 46.61.530 Racing of vehicles on highways, reckless driving. 46.61.535 Advertising of unlawful speed attained, reckless driving. . 9.70.170 Stopping, standing and parking. The following statutes are hereby adopted by reference. R.C.W. 46.61.570 Stopping, standing or parking prohibited in specified places. 46.61.575 Additional parking regulations. 46.61.580 Special parking privileges for certain dis- abled persons -- Display of decal -- Prohibited areas. - 41 - 9.70.180 Miscellaneous rules. The following statutes are hereby adopted by reference. R.C.W. 46.61.600 Unattended motor vehicle. 46.61.605 Limitations on backing. 46.61.615 Obstructions to driver's view or driving mechanism. 46.61.620 Opening and closing vehicle doors. 46.61.625 Riding in trailers. • 46.61.630 Coasting prohibited. 46.61.635 Following fire apparatus prohibited. 46.61.640 Crossing fire hose. 46.61.645 Throwing or depositing glass, etc., on highway prohibited -- Removal. 46.61.650 Throwing or dropping glass or debris, etc., upon or along highways, parks, beaches or waters -- Penalty -- Suspension of penalty con- ditioned upon removal of debris. 46.61.655 Permitting escape of load materials. 46.61.660 Carrying persons or animals on outside part of vehicles. 46.61.665 Embracing another while driving. 46.61.670 Driving with wheels off roadway. 46.61.675 Causing or permitting vehicle to be unlaw- fully operated. 46.61.680 Lowering passenger motor vehicle below legal clearance -- Penalty. 46.61.685 Leaving children unattended in standing vehicle with motor running -- Penalty. 46.61.700 Parent or guardian shall not authorize or permit violation by a child or ward. - 42 - CHAPTER 9.75 SCHEDULE OF DESIGNATED STREETS REFERRED TO IN TRAFFIC CODE 9.75.010 Speed Limits. In accordance with Section 9.10.020 and when properly signposted, speed limits durLng the times speci- fied over and along the streets designated are: (a) Twenty miles per hour. None. (b) Twenty -five miles per hour. (1) On all city streets at all times not otherwise designated or officially signposted. (c) Thirty miles per hour. (1) North and South First Street from "D" Street to Lenox Avenue. (2) Nob Hill Boulevard from 10th Street to 48th Ave. (3) Tieton Drive from 5th Ave. to the west city limits. (4) Summitview Avenue from 7th Ave. to the west city limits. (5) Lincoln Avenue from 8th Street to the west city limits. (6) 5th Avenue from "I" Street to Tieton Drive. (7) 3rd Avenue from Walnut Street to the south city limits. (8) "I" Street from 6th Avenue to N. First Street. • (9) West Yakima Avenue from 7th Avenue to 36th Avenue. (10) Mead Avenue from 16th Avenue to east city limits. (11) South 16th Avenue from Nob Hill Boulevard to Mead Avenue. (12) South 24th Avenue from Nob Hill Boulevard to Washington Avenue. (13) Fair Avenue from Terrace Heights Way to South 10th Street. (14) South 10th Street from Fair Avenue to Nob Hill Boulevard. (15) 16th Avenue from Nob Hill Boulevard to Fruitvale Boulevard. (16) 6th Street from Nob Hill Boulevard to Lincoln Ave. (17) South 3rd Street from South First Street to Walnut Street. (18) South 2nd Street from South 3rd Street to Walnut Street. (19) 40th Avenue from Nob Hill Boulevard to north city limits. (20) East Yakima Avenue from 6th Street to 9th Street. (21) 8th Street from "E" Street to Yakima Avenue. (22) Pacific Street from 3rd Street to 10th Street. (d) Thirty -five miles per hour. (1) Englewood Avenue. (2) 32nd Avenue from Lincoln Avenue to Englewood Avenue. (3) Summitview Avenue where the same constitutes a boundary between the city of Yakima and Yakima County. (4) Washington Avenue. (5) South 16th Avenue from Mead Avenue to south city limits. - 43 - (6) North 1st Street from north city limits to "D" Street. (7) Terrace Heights Way from east city limits to 9th Street. (e) Forty miles per hour. (1) South 1st Street from Lenox Avenue to south city limits. • 9.75.020 One -Way Streets and Alleys. In accordance with Section 9.20.020 and when properly signposted, traffic shall move only in the direction indicated upon the following streets and alleys, or portions thereof: Name of Street or Alley or Portion Direction of thereof Traffic Movement (a) 'T Street from North Front Street to Naches Avenue Eastbound. (b) , Chestnut Avenue from South Front Street to Naches Avenue - Westbound. (c) 12th Avenue from Nob Hill Boulevard to Hamm Avenue - Northbound. (d) Henry Avenue from Laban Avenue to Stanley Boulevard - Southbound. (e) Terrace Street from South 14th Avenue to South 12th Avenue - Eastbound. (f) Frontage Road from 9th Street to 10th Street - Eastbound. (g) 10th Street from Frontage Road to Pitcher • Street - Southbound. (h) The alleys between West Spruce Street and West Chestnut Avenue between llth Avenue and 12th Avenue - Northbound. (i) The first alley west of Chicago Avenue and north of Yakima Avenue from Yakima Avenue to a point 165 feet north thereof - Northbound. (j) The North -south tee alleys in Blocks 30, 31 and 70, Plat of The Town of North Yakima (now Yakima) - Southbound. (k) The east -west alley between Yakima Avenue and "A" Street from Front Street to Naches Avenue - Eastbound. (1) The east -west alley between Yakima Avenue and Chestnut Avenue from Front Street to 4th Street - Westbound. 9.75.025 Arterial Highways. In accordance with Section 9.25.010, the following streets and portions of streets are hereby designated Arterial Highways: (a) 1st Street from north city limits to south city limits. • (b) "G" Street from North 1st Street to North 8th Street. (c) 8th Street from Walnut to "G" Street. (d) 6th Street from Nob Hill Boulevard to "G" Street. (e) Pacific Street from South 1st Street to South 10th Street. (f) 10th Street from Mead Avenue to Fair Avenue. (g) Fair Avenue from 10th Street to Chestnut Avenue. (h) Chestnut Avenue from Fair Avenue to 8th Street. (i) Washington Avenue from South 1st Street to west city limits. (j) Mead Avenue from 10th Street to 16th Avenue. - 44 - (k) Nob Hill Boulevard from east city limits to west city limits. (1) Tieton Drive from 5th Avenue to west city limits. (m) Walnut Street from 8th Street to llth Avenue. (n) Chestnut Avenue from 32nd Avenue to west city limits. (o) Yakima Avenue from 1st Street to 32nd Avenue. (p) Sumrnitview Avenue from Yakima Avenue to west city limits. (q) "B" Street from 8th Street to 5th Avenue. . (r) Lincoln Avenue from 8th Street to west city limits. (s) Cherry Avenue from 5th Avenue to 16th Avenue. (t) Englewood Avenue from 16th Avenue to west city limits. (u) Fruitvale Boulevard from 5th Avenue to west city limits. (v) Fechter Road from east city limits to west city limits. (w) 10th Avenue (Custer) from north city limits to south city limits. (x) 3rd Avenue from Walnut Street to south city limits. (y) 5th Avenue from "I" Street to Division Street. (z) 16th Avenue from north city limits to south city limits. (aa) 24th Avenue from Lincoln Avenue to Washington Avenue. (bb) 32nd Avenue from Englewood Avenue to Nob Hill Boulevard. (cc) 40th Avenue from north city limits to south city limits (dd) 48th Avenue from north city limits to south city limits (ee) 56th Avenue from Englewood Avenue to south city limits. (ff) Powerhouse Road from Englewood Avenue to Lincoln Avenue. (gg) Yakima Avenue from 8th Street to east city limits. (hh) "I" Street from 1st Street to 5th Avenue. (ii) 53rd Avenue from Englewood Avenue to Scenic Drive. (jj) Scenic Drive from east city limits to west city limits. (kk) North Nob Hill Road (48th Avenue) from Englewood Avenue to Fechter Road. 9.75.030 Parking Meter Zones. In accordance with Section 9.36.220, the following parking meter zones are hereby established: (a) Two hour, ten centsper hour, nickle -dime combination: (1) Both sides of Yakima Avenue from 6th Avenue to Naches Avenue. (2) Both sides of East "A" Street from Front Street to Naches Avenue. (3) Both sides of East Chestnut Street from Front Street to Naches Avenue. (4) Both sides of South 3rd Avenue from Yakima Avenue to Chestnut Street. (5) Both sides of South 2nd Avenue from Yakima Avenue to Chestnut Street. (6) The west side of North 2nd Avenue from Yakima Ave- nue to the first alley north of Yakima Avenue. (7) Both sides of 1st Street from Walnut Street to "B" Street. (8) Both sides of 2nd Street from Walnut Street to "B" Street. • (9) Both sides of 3rd Street from Walnut Street to "B" Street. (10) Both sides of 4th Street from Walnut Street to "B" Street. (11) Both sides of Front Street from Yakima Avenue to "A" Street. (b) Four hour, five cents per hour, nickle -dime: (1) Both sides of North 1st Street from "B" Street to Lincoln Avenue. - 45 - (2) Both sides of South 1st Street from Walnut Street to Spruce Street. (3) Both sides of North 2nd Street from "B" Street to Lincoln Avenue. (4) The west side of North 3rd Street from "B" Street to Lincoln Avenue. (5) Both sides of East Yakima Avenue from Naches Ave- nue to 6th Street. • (6) Both sides of East "B" Street from Front Street to North 3rd Street. (7) south side of East "B" Street from North 3rd Street to North 4th Street. (8) The east side of Front Street from Yakima Avenue to Chestnut Street. (9) The east side of Front Street from "A" Street to "B" Street. (10) Both sides of East Walnut Street from the first alley east of South 1st Street to South 4th Street. (11) Both sides of North Naches Avenue from Yakima Ave- nue to "A" Street. (12) The west side of South Naches Avenue from Yakima Avenue to Chestnut Street. (13) Both sides of South 2nd Street from Walnut to a point 250 feet south thereof. (14) Both sides of South 3rd Street from Walnut to a point 275 feet south thereof. 9.75.040 Prohibited •arkin• at all times on certain streets. In accordance with Section 9.38.030, the following no parking zones are established: • (a) Both sides of East Lincoln Avenue from North Front Street to North 4th Street. (b) The south side of West Yakima Avenue from 12th Avenue to 16th Avenue. (c) The north side of West Yakima Avenue from Chicago Ave- nue to 16th Avenue. (d) Both sides of West Yakima Avenue from 16th Avenue to 22nd Avenue. (e) Both sides of West Chestnut Avenue from South 16th Ave- nue to South 20th Avenue. (f) The south side of West Chestnut Avenue from South 20th Avenue to South 22nd Avenue. (g) The south side of West Chestnut Avenue from South .6th Avenue to South 7th Avenue. (h) Both sides of West Chestnut Avenue from South 12th Ave - nut to South 15th Avenue. (i) Both sides of East Yakima Avenue from Front Street west to the railroad tracks. (j) Both sides of East Yakima Avenue from 8th Street to 9th Street. (k) The east side of South 7th Avenue from West Yakima Ave- nue to West Chestnut Avenue. • (1) Both sides of West Walnut Street from South 6th Avenue to South llth Avenue. (m) Both sides of West Walnut Street from 1st Avenue to the first alley west of 3rd Avenue. (n) Both sides of Walnut Street from South 1st Avenue to the alley east of South 1st Street. (o) Both sides of South 3rd Street from its intersection with South 2nd Street to the intersection of South 3rd Street with East Washington Street. (p) The north side of West Spruce Street from Holton Avenue to South 12th Avenue. - 46 - (q) Both sides of Wet Lincoln Avenue from North 2nd Avenue to North 16th Avenue. (r) The south side o West Lincoln Avenue from North 16th Avenue to North 24th Ave ue. (s) Both sides of We.t Lincoln Avenue from 24th Avenue to 40th Avenue. (t) The north side o West Lincoln Avenue from 44th Avenue to 46th Avenue. (u) The south side o Lincoln Avenue from 46th Avenue to • Bitterroot Way. (v) Both sides of Ti ton Drive from South 5th Avenue to South 16th Avenue, provised that stopping, standing and parking is not prohibited on the north side of Tieton Drive between South 8th Avenue and Sou h 9th Avenue. (w) Both sides of Ti-tbn Drive from 16th Avenue to 44th Avenue. (x) Both sides of "I' Street from North 1st Street to North 5th Avenue. (y) Both sides of North 5th Avenue from West "B" Street to West Lincoln Avenue. (z) Both sides of So th 5th Avenue from Division Street to Queen Anne Boulevard. (aa) The west side of South 5th Avenue from Queen Anne Boule- vard to Stewart Street. (bb) Both sides of Ea.t "F" Street from North 8th Street one -half block east to alley. (cc) The west side of South llth Avenue from West Spruce Street to West Walnut St eet. (dd) The west side of South 1st Street from Race Street to a point 300 feet south of enox Avenue. (ee) The east side of South 1st Street from a point 133 feet • south of the centerline .f Pacific Street to a point 416 feet south of Pacific Street. (ff) The east side o South 1st Street from a point 599 feet south of the centerline of Pacific Street to a point 300 feet south of Lenox Aven e. (gg) The west side of North 1st Street from Tamarack Street to a point 255 feet Bout: of "I" Street. (hh) The south side o Summitview Avenue from North 7th Ave- nue to North 32nd Avenue except: (1) From a poin 39 feet west of the centerline of Hall Avenue to a point 174 feet west of the center- line of Hall Avenue, and (2) From a poin 454 feet west of the centerline of Hall Avenue to North 15th Avenue. (ii) The north side o Summitview Avenue from North 32nd Avenue to North 40th Ave ue. (jj) The north side oi Summitview Avenue from Pierce Avenue to North 7th Avenue. (kk) The south side o Summitview Avenue from North 39th Avenue to a point 350 fe-t east thereof. (11) Both sides of Su itview Avenue from North 40th Avenue to North 42nd Avenue. • (mrn) The west side of South 3rd Avenue from a point 692 feet north of the centerline «f Division Street south to Mead Avenue. (nn) The east side of South 3rd Avenue from a point 373 feet north of the centerline .f West Prasch Avenue north to a point 714 feet north of the centerline of Division Street. (oo) The south side o West Nob Hill Boulevard from Rock Avenue to South 3rd Aven e. (pp) The south side o East Nob Hill Boulevard from South 6th Street to South 1st '.treet. (qq) Both sides of No Hill Boulevard from,Soith1st Street to Rock Avenue. - 47 - (rr) The north side of West Nob Hill Boulevard from South 3rd Avenue to South 16th Avenue. (ss) The north side of Nob Hill Boulevard from South 16th Avenue to South 24th Avenue. (tt) The south side of Nob Hill Boulevard from'S 14th Avenue to South 26th Avenue. • (uu) The south side of Nob Hill Boulevard from South 3rd to South 4th Avenue. (vv) The north side of West "A" Street from Hall Avenue to North 16th Avenue. (ww) The west side of South llth Avenue from Tieton Drive north to the Yakima Valley Transportation Company railroad tracks. (xx) The east side of South 5th Avenue from a point 262 feet south . of the centerline of Spruce Street north to Walnut Street. (yy) The west side of South 5th Avenue south from Walnut Street to Pine Street. (zz) The west side of South 5th Avenue from a point 255 feet north of Tieton Drive to a point 230 feet south of Tieton Drive. (aaa) The east side of South 5th Avenue from Division Street to Pine Street. (bbb) The west side of South 5th Avenue from Stewart Street to Nob Hill Boulevard. (ccc) The east side of South 7th Avenue from Spruce Street to Tieton Drive. (ddd) Both sides of 16th Avenue from Nob Hill Boulevard to Fruitvale Boulevard. • (eee) Both sides of South 16th Avenue from Mead Avenue to Washington Avenue. (fff) The west side of South 16th Avenue from Nob Hill Boule- vard to Mead Avenue. 9.75.050 Prohibited paring during certain hours on certain streets. In accordance with Section 9.38.040, the following no parking zones are established for the hours designated: (a) The following between 3:00 a.m. and 4:00 a.m.: Both sides of 4th Street between East Chestnut and East "A" Street. Both sides of 3rd Street between East Walnut and East "A'" Street. Both sides of 2n4 Street between East Walnut and East "A" Street. Both sides of lsg Street between East Walnut and East "A'' Street. (b) The following between 4:00 a.m. and 5:00 a.m.: Both sides of Yakima Avenue between Naches Avenue and • 7th Avenue. Both sides of 2n4 Avenue between Yakima Avenue and Chestnut Avenue. Both sides of Fr t Street between East Chestnut Avenue and East "A" Street Both sides of Ea t Chestnut Avenue between South 4th and South Front Streets. Both sides of EaOt "A" Street between Naches Avenue and Front Street. - 48 - 9.75.060 Parking time limited on certain streets. In accordance with Section 9.38.050, the following parking time limits are established on the designated streets: (a) One hour parking: (1) Both sides of Smith 5th Avenue from Yakima Avenue to Walnut Street. (2) Both sides of North 4th Avenue from Yakima Avenue • to "A" Street. (3) Both sides of North 5th Avenue from Yakima Avenue to "A" Street. (4) The east side of North 6th Avenue from "A" Street to "B" Street. (5) The west side of North 6th Avenue from Yakima Avenue to "A" Street. (6) Both sides of North 7th Avenue from Yakima Avenue to "A" Street. (7) The north side of "A" Street between 6th Avenue and the first alley east of 6th Avenue. (8) Both sides of Yakima Avenue from 6th Avenue to 7th Avenue. (9) Both sides of North 7th Avenue from "A" Street to Summitview Avenue. (10) The west side of Pierce Avenue between Browne Avenue and the first alley south of Browne Avenue. (11) The west side of South 2nd Street from Spruce Street to Pine Street, unless otherwise prohibited. (12) Both sides of Walnut Street from 5th Avenue to the first alley east of 4th Avenue. (13) The west side of North Front Street from "A" Streetato "B" Street. (14) The west side of South Front Street from Yakima Avenue to Walnut Street. (15) The east side of South Front Street from Chestnut Avenue to Walnut Street. (b) Two hour parking: (1) Both sides of South 1st Street from Spruce Street to Pine Street. (2) Both sides of East Spruce Street from 1st Street to 2nd Street. (3) The south side of Pine Street between 1st Street and the first alley east of 1st Street. (4) Both sides of East Chestnut Street from Naches Avenue to 6th Street. (5) Both sides of South 6th Street from Yakima Avenue to Chestnut Street. (6) The east side of South Naches Avenue from Yakima Avenue to Chestnut Street. (7) The north side of Yakima Avenue from 7th Avenue to 8th Avenue. • (8) Both sides of West Chestnut Avenue from 2nd Avenue to 6th Avenue. (9) The east side of North 3rd Street from "B" Street to Lincoln Avenue, unless otherwise prohibited. (10) The west side of South 7th Avenue from Chestnut Avenue to Walnut Street, unless otherwise prohibited. (11) The west side of North 8th Avenue from Yakima Avenue to Summitview Avenue. (12) Both sides of South 3rd Avenue from Chestnut Ave- nue to Walnut Street. (13) Both sides of South 4th Avenue from Yakima Avenue to Walnut Street. - 49 - (14) The north side of West "A" Street from 7th Avenue to Pierce Avenue. (15) Both sides of South 2nd Street from Spruce Street to a point 190 feet north thereof. . (16) Both sides of South 3rd Street from Spruce Street to a point 165 feet north thereof. (17) Both sides of Browne Avenue from 7th Avenue to Pierce Avenue. (18) The south se of Yakima Avenue between 6th Street and the first alley east of 6th Street. - 50 - CHAPTER 9.80 PENALTIES AND PROCEDURE ON NOTICE 9.80.010 Penalties. Unless another penalty is expressly pro- vided by law, every person convicted of a misdemeanor defined by this Traffic Code or a violation of any provision of this Traffic Code shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the city jail for not more than six (6) months, or by both such fine and imprisonment. 411 9.80.020 Notice on illegally parked vehicle. Whenever any motor vehicle without operator is found parked, angle parked, or stopped in violation of any of the restrictions imposed by ordi- nance of this city, the officer finding such vehicle shall take its license number and may take any other information displayed on the vehicle which may identify its user or registered owner, and shall conspicuously affix to such vehicle a notice in writing, on a form provided by the city, for the operator to answer to the charge against him within five days at a place specified in the notice. 9.80.030 Failure to comply with notice attached to parked vehicle. If a violator of the restrictions on stopping, standing, or parking under the traffic laws or ordinances does not appear in response to a notice affixed to such motor vehicle within a period of five (5) days, the parking violations bureau shall send to the registered owner of the motor vehicle to which the notice was a affixed a letter informing him of the violations and warning him that in the event such letter is disregarded for a period of twenty -five (25) days, a warrant of arrest will be issued. 9.80.040 Refusal to answer parking notice. No person shall willfully neglect or refuse to answer the charges set forth in a notice affixed to an illegally parked vehicle nor shall a regis- tered owner willfully neglect or refuse to answer the letter sent pursuant to Section 9.80.030. 9.80.050 Prosecution in reference to illegal parking or un- attended vehicle. (a) In any prosecution charging a violation of any law or regulation governing the standing or parking or leaving un- attended of a vehicle, proof that the defendant named in the complaint was at the time of the alleged violation the regis- tered owner of record of such vehicle shall constitute prima facie evidence that such registered owner was the person who parked or stood or left unattended such vehicle at the point where, and for the time during which, such violation occurred. (b) The foregoing stated presumption shall apply only when the procedure as prescribed in Sections 9.80.020 and 9.80.030 has been followed. 9.80.060 When warrant to be issued for traffic violations. (a) Residents. The court shall issue a warrant for the • arrest of any defendant who is a resident of this state and who has failed to appear before the court or the traffic violations bureau either in person or by counsel in answer to a traffic complaint and citation upon which he has given his written promise to appear. If the warrant is not executed within 30 days after issue, the court shall make an entry of the notifi- cation on the docket, and may add a charge against the defendant for failure to appear after a written promise to do so and mark the case closed, subject to being reopened when the appearance of the defendant is thereafter obtained. - 51 - (b) Nonresidents. If a nonresident defendant fails to appear before the court or the traffic violations bureau either in person or by counsel in answer to a traffic com- plaint and citation upon which he has given his written promise to appear, the court shall mail a notice to the defendant at the address stated in the complaint and citation requesting him to abide by his promise and appear in person or by counsel on a day certain, and notifying him that his failure to appear after a written promise to do so is a . misdemeanor for which he may also be charged. If the non- resident defendant fails to respond within 30 days after the date set in the notice, the court shall issue a warrant for his arrest and:. shall make an entry of the notification on the docket, and shall add a charge against the defendant for failure to appear after a written promise to do so, and mark the case closed, subject to being reopened when the appearance of the defendant is thereafter obtained. 9.80.070 Disposition of traffic fines and forfeitures. All fines collected upon conviction or forfeiture of bail of any person charged with a violation of any of the provisions of this Code shall be paid into the General Fund of the City. 9.80.080 Authority to impound vehicles. (a) Any vehicle under the circumstances hereinafter enumerated is hereby declared to be a nuisance. Members of the Police Department are hereby authorized to impound or cause to be impounded such a vehicle from any highway. (1) When any vehicle is left unattended upon any bridge, viaduct, or causeway, or in any tunnel where such • vehicle constitutes an obstruction to traffic. (2) When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic, or when the person or persons in charge of the vehicle are by reason of physical injury, use of intoxicating liquor, ex- hilarating, stupefying, narcotic or other drug, incapacitated to such an extent as to be unable to pro- vide for its custody or removal. (3) When any vehicle is left unattended upon a highway and is parked illegally as to constitute a hazard or obstruction to the normal movement of traffic. (b) Whenever an officer removes a vehicle from a highway as authorized in this section, he shall report or cause to be reported, the abandoned vehicle to the Chief of the Washington State Patrol, and if the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the registered or legal owner thereof, such officer - 52 - shall immediately give or cause personal notice to be given in writing to such owner, if any record exists of the regis- tered or legal owner in the state of Washington, of the fact of such removal and the reasons therefor and of the place to which such vehicle has been removed. The abandoned vehicle shall be taken into the custody of the sheriff of the county where it has been abandoned, and stored. In the event any such vehicle is stored in a public garage, a copy of such • notice shall be given to the proprietor of such garage. (c) Whenever an officer removes a vehicle from a highway under this section and does not know and is not able to ascer- tain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbe£ure provided, and in the event the vehicle is not returned to the owner within a period of three (3) days, then and in that event, the officer shall immediately send or cause to be sent written report of such removal by mail to the State Department whose duty it is to register motor vehicles, and shall file a copy of such notice with the proprietor of any public garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time, and place from which removed, the reasons for such removal, and name of the garage or place where the vehicle is stored. 9.80.090 Redemption of impounded vehicles. (a) Before the owner or his agent shall be permitted to remove a vehicle from impound, he shall: (1) Furnish satisfactory evidence to the Chief of Police and the operator of t�e arage in which the vehicle nt is impounded of his ic�c t a ownership or agency. (2) Pay to the said operator of said garage, who shall issue a receipt therefor, for the towing or hauling charges, not exceeding in any event the sum of Ten Dollars ($10.00) and the storage charges not exceeding One Dollar ($1.00) per day for each day impounded. (3) Sign a written receipt for said vehicle. (b) Whenever a vehicle impounded under any provision of the City of Yakima Municipal Code is sold or otherwise dis- posed of by the owner or operator of the garage in which such vehicle is impounded, such owner or operator shall notify the Chief of Police of such disposition before allow- ing the vehicle to be removed from such pound. - 53 - CHAPTER 9.90 EFFECT OF, AND SHORT TITLE OF, ORDINANCE 9.90.010 Effect of partial invalidity. If any provision of this ordinance or its application to any person or circumstance is for any reason held to be invalid, the remainder of this ordi- nance, or the application of the provisions to other persons or • circumstances is not affected. 9.90.020 Short title. This ordinance may be known and cited as the Traffic Code. 9.90.030 Exercise of police power. This code shall be deemed an exercise of the police power of the City of Yakima and of the State of Washington for the preservation and protection of the public health, safety, morals and economic welfare, and all of its provisions shall be liberally construed for the accomplishment of that purpose. 9.90.040 Existing permits. Except as otherwise provided here- in, all permits lawfully issued under the provisions of any ordi- nances repealed by this code shall remain in force and effect until the expiration thereof unless sooner surrendered or revoked, subject, however, to all other provisions of this code. 9.90.050 Savings. The enactment of this Traffic Code shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall be in existence at the date this Traffic Code becomes effective. - 54 - Section 3. Section 9.56.005 of the City of Yakima Municipal Code is hereby amended to read as follows: 9.56.005 Exemption - Flammable Liquid Carriers. The pro- visions of this chapter shall not be applicable to tank trucks engaged in transporting flammable liquids within the City of Yakima. Such tank trucks shall be regulated by the provisions • of the Fire Code of the City of Yakima. Section 4. Section 9.56.010 of the City of Yakima Municipal Code is hereby amended to read as follows: 9.56.010 Statutes adopted. The following statutes are hereby adopted by reference. R.C.W. 46.44.010 Outside width limit. 46.44.020 Maximum height -- Impaired clearance signs. 46.44.030 Maximum lengths, 46.44.034 - - -- Front and rear protrusions. 46.44.036 Combination of units. Limitation. 46.44.037 - - -- Lawful operations -- Special permits. 46.44.040 Maximum gross weights. Axle factor. 46.44.042 - - -- Tire factor. 46.44.044 - - -- wheelbase factor. 46.44.046 Excess weight. Discretion of arresting officer. 46.44.047 - - -- Logging trucks -- Special permits- - County permits -- Fees -- Discretion of arresting officer. 46.44.050 Minimum length of wheelbase. 46.44.060 Outside load limits for passenger veht- cles. 46.44.070 Drawbar requirements -- Trailer whipping or weaving -- Towing flag. 46.44.100 Enforcement -- Weighing and lightening. Section 5. Section 9.60.010 of the City of Yakima Municipal Code is hereby amended to read as follows: 9.60.010 Auto Stage Permits and Schedules. (a) The City Traffic Engineer shall designate the route or routes to be followed by all auto stages entering or passing through the City of Yakima, and the location upon such routes where passengers or freight may be taken on or discharged. (b) It shall be unlawful for the owner or operator of any auto stage to operate the same upon the streets of the city without having first held and filed with the City Traffic Engineer a schedule of the route to be followed and the passenger or freight stops to be made upon such route • and without first having obtained approval of such route and stops by, and a permit therefor from, the City Traffic Engineer, provided, in case of emergency the City Traffic Engineer, with the approval of the City Manager, may permit the owner or operator of any such stage to operate the same over a different route during such emergency. (c) It shall be unlawful for any owner or operator of any such stage entering into or passing through the city to operate the same over any route or to make passenger or freight stops at any place which has not been authorized as herein provided. Section 6. Section 9.52.030 of the City of Yakima Municipal Code: is hereby amended to read as follows: 9.52.030 Locomotive Crew as Safety Measure. It shall be unlawful for any person to move, operate or propel, or to authorize to move, operate or propel, any locomotive or railroad • cars unattached to any locomotive, on, along, over or across any public place without having actually stationed on such locomotive or railroad cars at least two men for the operation thereof, and for giving the proper warning for the safety of persons upon such public place. Section 7. Section 9.52.060, Penalty for Violation, of the City of Yakima Municipal Code is hereby repealed. Section 8. This Ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this /0 day of '27 a J„,, , 1969.. _Ada, _ter Mayor ATTEST: • 7,e.> City Clerk • - 56 -