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HomeMy WebLinkAbout1983-2735 WASHINGTON MODEL TRAFFIC ORDINANCE ORDINANCE NO. 2735 AN ORDINANCE relating to traffic control; adopting the • Washington Model Traffic Ordinance together with amendments, deletions and additions thereto; repealing Title 9 of the City of Yakima Municipal Code in its entirety; and enacting a new Title 9 "Traffic", and chap- ters thereof as a new title and chapters, and enacting Chapter 1.92 "Traffic Safety Commis- sion" as a new chapter, all of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Title 9 "Traffic" and each and every chap- ter and section thereof, of the City of Yakima Municipal Code, are hereby repealed. Section 2. Simultaneously with the repeal of Title 9 of the City of Yakima Municipal Code as effected by Section 1 of this Ordinance, Title 9, "Traffic" of the City of Yakima Municipal Code is hereby reenacted, and shall consist of the following chapters and sections, which are hereby enacted as new chapters and sections of the City of Yakima Municipal Code: "Title 9 Traffic 411) Chapter 9.05 GENERAL PROVISIONS 9.05.010 Short title and adoption by reference. This title, "Traffic", of the City of Yakima Municipal Code con- stitutes the "Traffic Code" of the city of Yakima and may be cited as such. Those sections of the Revised Code of Wash- ington which are adopted by reference shall constitute part of this title as though set forth fully herein. 9.05.020 Purpose and interpretation. This traffic title is enacted in the exercise of the police power of the city of Yakima, to protect and preserve the public peace, health, safety and economic welfare, and all of its provi- sions shall be liberally construed for the accomplishment of that purpose. STLIII Al , . 9.05.030 Effect of partial invalidity. If any provi- sion or part thereof of this title or its application to any persons or circumstance is for any reason held to be in- valid, the remainder of that provision and this title or the application of the provisions or part thereof to other persons or circumstances is not affected. SIP 9.05.040 Effect on existing rights. The repeal by this traffic title of any existing ordinance shall not revive any former ordinances heretofore repealed, nor affect any right existing or accrued, or any action or proceeding already taken, except as provided in this title. 9.05.050 Savings. The enactment of this traffic title 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 title becomes effec- tive. 9.05.060 Effect of headings and references. Chapter headings, tables of contents, and section titles as used in this traffic title do not constitute any part of the law. 9.05.070 Existing permits to remain in force. Except as otherwise provided herein, all permits lawfully issued under the provisions of any ordinance repealed by this traffic title shall remain in force and effect until the expiration thereof, unless sooner surrendered or revoked; subject, however, to all other provisions of this traffic title. 9.05.080 Vehicle owner to act in person - Agents: Every act or statement required to be made by the owner or operator of any vehicle shall be made or done by the owner or operator of any vehicle and shall be made or done by the owner or operator in person, unless such owner is a company or corporation or such owner or operator is incapable of acting in person, and if the same is made or done by an • agent, the necessity thereof shall be stated and shown. 9.05.090 False representation prohibited. No person shall make a false statement or representation in any appli- cation, statement or report required by this traffic title to be made. 9.05.100 Advertising - Printing code. It is unlawful for any person, firm or corporation to print, publish or distribute any advertising matter whatsoever in connection STLIII A2 with this traffic title unless the applicable traffic code section in its entirety be printed therein. 9.05.110 Uniformity of application. The provisions of this traffic title relating to the operation of vehicles 1110 shall be applicable and uniform upon all persons operating vehicles upon the highways of this city, except as otherwise specifically provided. Chapter 9.10 DEFINITIONS 9.10.010 Central business district. "Central business district" is defined as the area within the following boun- daries: 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. 9.10.020 City. "City" means the City of Yakima. 9.10.030 Core business district. "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 "B" Street. 9.10.040 Divided highway. "Divided highway" means any highway that has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section or by a median island not less than eighteen inches wide formed either by solid yellow pavement markings or by a yellow crosshatching between two solid yellow lines so installed as to control vehicular traffic. 9.10.050 Pedestrian mall. "Pedestrian mall" means an area officially designated as such by the City Council pursuant to the provisions of Chapter 35.71 of the Revised Code of Washington. STLIII A3 9.10.060 Public holiday. "Public holiday" means the first day of January (New Year's Day), twelfth day of February (Lincoln's Birthday), third Monday of February (Washington's Birthday), last Monday of May (Memorial Day), fourth day of July (Independence Day), first Monday of September (Labor Day), eleventh day of November (Veteran's Day), fourth Thursday of November (Thanksgiving Day), the day immediately following Thanksgiving Day, and the twenty- fifth day of December (Christmas). CHAPTER 9.15 TRAFFIC ADMINISTRATION 9.15.010 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 title. B. Officers of the police department or such officers as are assigned by the chief of police are 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 pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provi- sions of this title. • 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. 9.15.015 Police to support fire department at fires. The chief of police shall, in case of fire, upon the request of the fire chief, dispatch thereto patrolmen in charge of an officer which officer shall report for duty and be sub- ject 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. STLIII A4 9.15.020 Records of traffic violations. The police department shall keep a record of all violations of the traffic ordinances of this city, with the exception of illegal parking or standing violations, and of the state motor vehicle laws of which any person has been charged, S O together with a record of the final disposition of all such alleged offenses. Such record shall be so maintained as to show all types of violations and the total of each. Said record shall accumulate during at last a five-year period, and from that time on the record shall be maintained com- plete for at least the most recent five-year period. 9.15.030 Police department to investigate accidents. It shall be the duty of the police department to investigate traffic accidents, to arrest and to assist in the prosecu- tion of those persons charged with violations of this title causing or contributing to such accidents. 9.15.040 Traffic accident reports. The police depart- ment shall maintain a suitable system of filing traffic accident reports. Such reports shall be available for the use and information of the city traffic engineer. 9.15.050 Police department to designate method of identifying funeral processions. The police department shall designate a type of pennant or identifying insignia to be displayed upon, or other method to be employed to identi- fy, the vehicles in funeral processions. 9.15.060 School patrol authority. The chief of police 1111 is authorized and directed to cooperate with the superinten- dent of schools, the school board and other school officials in supervising the establishment, organization, training and operation of the school patrol in the city as authorized by RCW 46.61.385. 9.15.090 Police chief to report stolen, recovered, or abandoned vehicles. The police chief shall report all stolen, recovered, or abandoned vehicles to the Chief of 411/1" Washington State Patrol in accordance with RCW 46.52.110. 9.15.110 Traffic engineer - Authority. The city traffic engineer is authorized: 1. To place and maintain official traffic con- trol devices as required under the traffic code or resolu- tions of the city council and to make effective the provi- sions of said code or resolutions, and he may place and STLIII A5 maintain such additional official traffic control devices as he may deem necessary to regulate, warn, or guide traffic under the traffic code or resolutions of the city council; 2. To place and maintain official traffic con- trol devices as he may deem necessary to regulate, warn, or guide traffic for construction, detours, emergencies, and Oil special conditions; 3. 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 in such other places as he may deem necessary; 4. To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians; 5. To mark traffic lanes upon the roadway of any highway where a regular alignment of traffic is necessary; 6. To regulate the timing of traffic signals so 1111 as to permit the movement of traffic in an orderly and safe manner; 7. To place official traffic control devices within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, in accordance with the provisions of this title, and such course to be traveled as so indicated may conform to or be other than as prescribed by law; 8. To determine those intersections at which drivers of vehicles shall not make a right, left, or U turn, and shall place proper signs 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 they may be removed when such turns are permitted; 9. To erect and maintain stop signs, yield signs, or other official traffic control devices to desig- nate arterial highways or to designate intersections or other roadway junctions at which vehicular traffic on one or more of the roadways shall yield or stop and yield before entering the intersection or junction, except as provided in RCW 46.61.195; 411 10. To erect signs indicating no parking upon both sides of a highway when the width of the improved roadway does not exceed twenty feet, or upon one side of a highway as indicated by such signs when the width of the improved roadway is between twenty and twenty-eight feet; 11. To determine when standing or parking may be permitted upon the left-hand side of any roadway when the STLIII A6 highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway and to erect signs giving notice thereof; 12. To determine and designate by proper signs places not exceeding one hundred feet in length in which the stopping, standing, or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic; 13. To determine the location of loading zones, passenger loading zones, and tow -away zones and shall place and maintain appropriate signs or curb markings supplemented with the appropriate words stenciled on the curb indicating the same and stating the hours during which the provisions of this chapter are applicable; 14. To establish bus stops, and bus stands on such highways in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public, and every bus stop and bus stand or taxicab stand, or other stand shall be designated by appropriate signs or by curb markings supplemented with the appropriate words stenciled on the curb; 15. To designate and set aside taxicab stands and stands for other for hire vehicles on the public streets where taxicabs and for -hire vehicles may stand while await- ing employment, which stands shall consist of parking spaces for two or more taxicabs or for -hire vehicles; provided, no such stand shall be designated by the traffic engineer without the written consent, filed in the office of the traffic engineer, from the abutting lessee or property owner to establish such stand; provided, further, the city council may authorize the traffic engineer to designate and set aside a taxicab stand in the absence of such written con- sent, or in the event the lessee or owner of abutting pro- perty refuses to give such consent; 16. To erect and maintain official traffic con- trol devices on any highway or part thereof to impose gross weight limits on the basis of an engineering and traffic investigation; 17. To erect and maintain official traffic con- trol devices on any highway or part thereof to prohibit the operation of trucks exceeding ten thousand pounds gross weight on the basis of an engineering and traffic investi- gation: provided, that such devices shall not prohibit necessary local operation on such highways for the purpose of making a pickup or delivery; STLIII A7 18. To erect and maintain official traffic con- trol devices on any highway or part thereof to impose ve- hicle size restrictions on the basis of an engineering and traffic investigation; 19. To determine and designate those heavily traveled highways upon which shall be prohibited any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic on the basis of an engineering and traffic investigation and shall erect ap- propriate official traffic control devices giving notice thereof; 20. To install parking meters in the established parking meter zones upon the curb adjacent to each desig- nated parking space; 21. To designate the parking space adjacent to each parking meter for which such meter is to be used by 411 appropriate markings upon the curb and/or the pavement of the highway; 22. To post appropriate signs making it unlawful for pedestrians to cross highways in certain crosswalks when such crossing would endanger either pedestrian or vehicular traffic using the highway; 23. To test new or proposed traffic control devices under actual conditions of traffic; 24. To determine upon what streets, other than state highways, center street parking shall be permitted or required, and shall sign or mark the same for center street parking; 25. To establish along the curb on any street near any City buildings and installations and at such other places as may be reasonably necessary, restricted parking 111/ zones for the purpose of facilitating the work of the police, fire, and other departments of the city; 26. To erect signs indicating no parking or stopping upon either or both sides of any street adjacent to any .school property when such parking would interfere with traffic or create a hazardous situation; 27. To determine upon what streets angle parking shall be permitted and sign or mark same for angle parking: provided, that on those streets forming a part of any fed- eral aid or state highway the traffic engineer may recommend action by the city council in accordance with RCW 46.61.575(3); 28. To establish short term parking meter zones and install short term parking meters either within or outside of •parking meter zones established by this title as deemed necessary for traffic and parking control; STLIII A8 29. To consider when establishing a loading zone, passenger loading zone, or tow away zone, the presence of alley entrances or other similar means of approach to build- ings or property, and congested traffic conditions within the block and to fix the hours during which such zones shall ID be in effect; 30. To authorize funeral zones along the curbs on any street adjacent to funeral parlors or churches for the purpose of relieving congestion of traffic attendant to funeral services; 31. To establish school crossings at locations in the vicinity of schools where routes to be followed by school children have been selected; 32. To establish no passing zones; 33. To authorize the installation and removal of temporary traffic control devices necessary for special ID events, including parades which have been issued a parade permit in accordance with Chapter 9.50 of this Code; 34. To close or' 'authorize closure of any street or portion thereof to any and all traffic pursuant to the provisions of this title; 35. To authorize the installation of those traf- fic control measures described in this title which are not specifically the responsibility of the city council; 36. To authorize the painting and stenciling of curbs in lieu of or in addition to posting signs, to convey parking restrictions in accord with the following color scheme: yellow-loading zones and no parking zones; blue- handicapped parking; • 37. To authorize the establishment of left turn lanes, right-turn lanes, and two-way left turn lanes. 9.15.120 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 director of public works or the director of engineering and utilities may close such street or alley to travel by all vehicles, or to any class of vehicles, for such period as he determines. 9.15.130 Finance officer to collect parking meter revenues. The director of finance and budget, or his duly authorized agents, shall collect, from time to time, all revenues from parking meters installed pursuant to this title and place the same in the current expense fund. The STLIII A9 person collecting the revenues from the 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 ac- counting of all monies so received or collected by him. 9.15.140 Parking meter violations. It is the duty of the director of finance and budget to keep an account of all stopping, standing and parking violations; and: 1. 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; 2. Report the license number of such vehicle; 3. Report other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending such violation; 4. Attach to such vehicle a notice that it has been parked in violation of this title and instructing the owner or operator to report at the parking violation bureau of the city, or such other place in the city where such violations may be reported, in regard to such violation within five days. 9.15.150 Department of finance and budget to regulate parking meters. The director of finance and budget shall be responsible for the regulation, control, operation, and use of parking meters installed in the parking meter zones established by this code. 9.15.170 City Council - Authority. A. The City Council may, by ordinance after study and report by the city traffic engineer and other appropriate staff members and recommendation by the city manager: 1. Designate any city streets or alleys for one-way traffic; 2. Designate a street as an arterial street; 3. Establish parking meter zones, and prescribe the maximum lengths of time for which vehicles may park in the parking meter zone; 411 4. Designate street areas where stopping, stand- ing, or parking shall be regulated, restricted, or prohib- ited. 5. Alter the speed limit on any street from the limits established in RCW 46.61.400 and RCW 46.61.425 as adopted by this code, provided, that any altered speed limit STLIII Al0 on a street that forms a part of a state highway route shall not become effective until approved by the Washington State Highway Commission; 6. Assign preferential right-of-way to an arter- ial street over an arterial street designated by the Wash- 411 ington State Highway Commission as forming a part of a state highway route: provided, that said assignment of prefer- ential right-of-way shall not become effective until ap- proved by the Washington State Highway Commission; 7. Designate a street that forms a part of any federal-aid or state highway for angle parking: provided, that said designation for angle parking shall not become effective until approved by the Washington State Highway Commission; 8. Prohibit the use of any limited access road- way under its jurisdiction by funeral processions, parades, pedestrians, motor-driven cycles, bicycles, or other non- motorized traffic; and B. The city council may, by resolution, close any street or part thereof for special events, and attach such conditions to the closure as the council may deem desirable. CHAPTER 9.45 HIT AND RUN DRIVING 9.45.010 Duty in case of injury to or death of person or damage to attended vehicle or other property -- Penalty. A. The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person or damage to other property shall immediately stop such vehicle at the scene of such accident or as close thereto as possible and shall forthwith return to, and in any event shall remain at, the scene of such accident until he has fulfilled the requirements of sub- section B of this section; every such stop shall be made without obstructing traffic more than is necessary. B. Unless otherwise provided in subsection D of this section, the driver of any vehicle involved in an accident resulting in damage to any vehicle which is driven or at- tended by any person or damage to other property shall give his name, address, and vehicle license number and shall STLIII All exhibit his vehicle driver's license to the driver or occu- pant of, or any person attending any such vehicle collided with. C. Any driver covered by the provisions of subsection A of this section failing to stop or to comply with any of the requirements of subsection B of this section under said circumstances shall be guilty of a gross misdemeanor and, upon conviction, be punished by imprisonment for not less than thirty days nor more than one year or by a fine of not less than one hundred dollars nor more than five hundred dollars, or by both such fine and imprisonment: Provided, that this provision shall not apply to any person injured or incapacitated by such accident to the extent of being physically incapable of complying herewith. D. If none of the persons specified are in condition 4 10 to receive information to which they otherwise would be entitled under subsection C of this section, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections A and C of this section insofar as possible on his part to be performed, shall forthwith report such ac- cident to the nearest office of the duly authorized policy authority and submit thereto the information specified in subsection C of this section. Chapter 9.46 MODEL TRAFFIC ORDINANCE 9.46.010 Model Traffic Ordinance. The Washington Model Traffic Ordinance, R.C.W Chapter 46.90, which shall be referred to as the "Model Traffic Ordinance" or "MTO", is hereby adopted by reference as if set forth in full in this Chapter subject to the deletions and modifications set out in the following sections. 9.46.020 Deletions and Modifications to the Model Traf- 4116 fic Ordinance. A. Deletions. The following sections of the Model Traffic Ordinance are not adopted as part of the City of Yakima Municipal Code: RCW 46.90.115, 46.90.250, 46.90.255, 46.90.260, 46.90.265, 46.90.275, 46.90.335, STLIII Al2 46.90.340, 46.90.375, 46.90.469, 46.90.610, 46.90.620, 46.90.630, 46.90.640, 46.90.650, 46.90.660, 46.90.910, 46.90.920, 46.90.940, 46.90.950. B. Modifications. (1) RCW 46.90.300 as adopted by to the city of Yakima is hereby modified to read as follows: "The following sections of the Revised Code of Washington as now or hereafter amended are hereby adopted by references as a part of this chapter in all respects as though such sections were set forth herein in full: 46.12.300, 46.16.010, 46.16.025, 46.16.030, 46.16.135, 46.16.140, 46.16.145, 46.16.170, 46.16.180, 46.16.240, 46.16.260, 46.16.290, 46.16.380, 46.16.500, 46.16.505, 46.20.011, 46.20.021, 46.20.022, 46.20.025, 46.20.027, 46.20.041, 46.20.045, 46.20.190, 46.20.220, 46.20.336, 46.20.342, 46.20.343, 46.20.344, 46.20.410, 46.20.420, 46.20.500, 46.20.510, 46.29.605, 46.32.060, 46.32.070, 46.37.010, 46.37.020, 46.37.030, 46.37.040, 46.37.050, 46.37.060, 46.37.070, 46.37.080, 46.37.090, 46.37.100, 46.37.110, 46.37.120, 46.37.130, 46.37.140, 46.37.150, 46.37.160, 46.37.170, 46.37.180, 46.37.184, 46.37.185, 46.37.186, 46.37.187, 46.37.188, 46.37.190, 46.37.196, 46.37.200, 46.37.210, 46.37.215, 46.37.220, 46.37.230, 46.37.240, 46.37.260, 46.37.270, 46.37.280, 46.37.290, 46.37.300, 46.37.310, 46.37.340, 46.37.351, 46.37.360, 46.37.365, 46.37.369, 46.37.375, 46.37.380, 46.37.390, 46.37.400, 46.37.410, 46.37.420, 46.37.425, 46.37.430, 46.37.440, 46.37.450, 46.37.460, 46.37.465, 46.37.480, 46.37.490, 46.37.500, 46.37.510, 46.37.513, 46.37.517. 46.37.520, 46.37.522, 46.37.523, 46.37.524, 46.37.525, 46.37.527, 46.37.528, 46.37.529, 46.37.530, 46.37.535, 46.37.537, 46.37.539, 46.37.600, 46.44.010, 46.44.020, 46.44.030, 46.44.034, 46.44.036, 46.44.037, 46.44.041, 46.44.042, 46.44.047, 46.44.050, 46.44.060, 46.44.070, 46.44.120, and 46.52.200." (2) RCW 46.90.427 as adopted by the city of Yakima is hereby modified to read as follows: "46.90.427 Certain RCW sections adopted by refer- ence. The following sections of the Revised Code of Wash- ington as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.61.300, 46.61.305, 46.61.310, 46.61.315, 46.61.340, STLIII A13 46.61.345, 46.61.350, 46.61.355, 46.61.365, 46.61.370, 46.61.375, 46.61.385, 46.61.400, 46.61.425, 46.61.440, 46.61.445, 46.61.450, 46.61.455, 46.61.460, 46.61.465, 46.61.500, 46.61.502, 46.61.504, 46.61.525, 46.61.530, 46.61.540 and subsection 4 of 46.61.575." OP (3) RCW 46.90.900 as adopted by the city of Yakima is hereby modified to read as follows: "46.90.900 Certain RCW sections adopted by refer- ence. The following sections of the Revised Code of Wash- ington as now or hereafter amended are hereby adopted by reference as a part of this chapter in all respects as though such sections were set forth herein in full: RCW 46.98.020, 46.98.030, 46.98.040, 47.36.110, 47.36.180, 47.36.200, 47.36.220, 47.52.010, 47.52.011, 47.52.120, 70.84.020, 70.84.040, and 70.93.060." CHAPTER 9.48 DRIVING WHILE INTOXICATED AND RELATED OFFENSES 9.48.010 Driving while under the influence of intox- icating liquor or any drug. A. It is unlawful for any person to drive a vehicle while under the influence of intoxicating liquor or any drug. B. A person is guilty of driving while under the influence of intoxicating liquor or any drug if he drives a vehicle within this city while: 1. He has 0.10 percent or more by weight of alcohol in his blood as shown by a chemical analysis of his breath, blood, or other bodily substance made under RCW 46.61.506 as now or hereafter amended; or 2. He is under the influence of or affected by 4116 intoxicating liquor or any drug; or 3. He is under the combined influence of or affected by intoxicating liquor and any drug. C. 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 this state shall not constitute a defense against any charge of violating this section. STLIII A14 9.48.020 Being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug. A. It is unlawful for any person to be in actual ID physical control of a motor vehicle while under the influ- ence of intoxicating liquor or any drug. B. A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if he has actual physical control of a vehicle within this city while 1. He has 0.10 percent or more by weight of alcohol in his blood as shown by a chemical analysis of his breath, blood, or other bodily substance made under RCW 111 46.61.506 as now or hereafter amended; or 2. He is under the influence of or affected by intoxicating liquor or any drug; or 3. He is under the combined influence of or affected by intoxicating liquor and any drug. C. 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 this state shall not constitute a defense against any charge of violating this section. No person may be convicted under this section if, prior to being pursued by a law enforcement officer, he has moved the vehicle 1110 safely off the roadway. 9.48.030 Driving while under the influence and physi- cal control while under the influence -- Penalties. A. Commencing July 1, 1983, every person who is convicted of a violation of 9.48.010 or 9.48.020 of the City of Yakima Municipal Code shall be punished by imprisonment for not less than twenty-four consecutive hours nor more 0111 than one year, and by a fine of not more than seven hundred fifty dollars. Twenty-four consecutive hours of the jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being. Whenever the mandatory jail sentence is suspended or de- ferred, the judge must state, in writing, the reason for STLIII A15 • granting the suspension or deferral and the facts upon which the suspension or deferral is based. The court may impose conditions of probation that may include no repetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The convicted person shall, in addition, be required to complete a course in an SIP alcohol information school approved by the department of social and health services or more intensive treatment in a program approved by the department of social and health services, as determined by the court. A diagnostic evalua- tion and treatment recommendation shall be prepared under the direction of the court by an alcoholism agency approved by the department of social and health services or a quali- fied probation department approved by the department of social and health services. A copy of the report shall be forwarded to the department of licensing. Based on the diagnostic evaluation, the court shall determine whether the convicted person shall be required to complete a course in an alcohol information school approved by the department of social and health services or more intensive treatment in a program approved by the department of social and health services. The courts shall periodically review the costs of alcohol information schools and treatment programs within their jurisdictions. B. On a second or subsequent conviction for driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs within a five-year period a person shall be punished by imprisonment for not less than seven days nor more than one year and by a fine of not more than one thousand five hundred dollars. • The jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being. Whenever the mandatory jail sentence is sus- pended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. If, at the time of a second or subsequent conviction, the driver is without a license or permit because of a previous suspension or revocation, the minimum mandatory sentence shall be 411 ninety days in jail and a two hundred dollar fine. The penalty so imposed shall not be suspended or deferred. The person shall, in addition, be required to complete a diag- nostic evaluation by an alcoholism agency approved by the department of social and health services or a qualified STLIII Al6 probation department approved by the deaprtment of social and health services. The report shall be forwarded to the department of licensing. If the person is found to have an alcohol or drug problem requiring treatment, the person shall complete treatment at an approved alcoholism treatment OD facility or approved drug treatment center. In addition to any nonsuspendable and nondefer- rable jail sentence required by this subsection, the court shall sentence a person to a term of imprisonment not ex- ceeding one hundred eighty days and shall suspend but shall not defer the sentence for a period not exceeding two years. The suspension of the sentence may be conditioned upon nonrepetition, alcohol or drug treatment, supervised proba- tion, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation 0 of a condition of suspension during the suspension period. C. A sentencing court may allow persons convicted of violating section 9.48.010 or 9.48.020 of the City of Yakima Municipal Code to fulfill the terms of the sentence (as provided in subsections A or B of this section 9.48.030) in non-consecutive or intermittent time periods. However, the first twenty-four hours of any sentence under subsection A of this section and the first fourty-eight hours of any sentence under subsection B of this section shall be serve& consecutively unless suspended or deferred as otherwise provided by law. 9.48.040 Alcoholic Beverages -- Traffic Infraction. 1 10 A. Commencing July 1, 1983, it is a traffic infrac- tion: (1) To drink any alcoholic beverage in a motor vehicle when the vehicle is upon a highway; or (2) For a person to have in his possession while in a motor vehicle upon a highway, a bottle, can, or other 4P receptacle containing an alcoholic beverage if the container has been opened or a seal broken or the contents partially removed; or (3) For the registered owner of a motor vehicle or the driver if the registered owner is not then present in the vehicle, to keep in a motor vehicle when the vehicle is upon a highway, a bottle, can, or other receptacle contain- ing an alcoholic beverage which has been opened or a seal STLIII A17 • broken or the contents partially removed, unless the con- tainer is kept in the trunk of the vehicle or in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle does not have a trunk. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers. elP B. This section does not apply to a public conveyance that has been commercially chartered for group use or to the living quarters of a motor home or camper or, except as otherwise provided. by RCW 66.44.250, or local law, to any passenger for compensation in a for-hire vehicle licensed under city, county or state law. 9.48.050 Alcoholic beverages -- Consumption or per- mitting consumption in public conveyance -- Misdemeanor. A. Commencing July 1, 1983, every person wholly or in 1 110 part in the business of carrying passengers for hire, and every agent, servant, or employee of such person, who know- ingly permits any person to drink any intoxicating liquor in any public conveyance, except in the compartment where such liquor is sold or served under the authority of a license lawfully issued, is guilty of a misdemeanor. This sub- section does not apply to a public conveyance that is com- mercially chartered for group use or a for-hire vehicle licensed under city, county or state law. B. Commencing July 1, 1983, every person who drinks any intoxicating liquor in any public conveyance, except in a compartment or place where sold or served under the 1110 authority of a license lawfully issued, is guilty of a misdemeanor. With respect to a public conveyance that is commercially chartered for a group use and with respect to a for-hire vehicle licensed under city, county or state law, this section applies only to the driver of the vehicle. CHAPTER 9.50 PARKING AND RULES OF THE ROAD 11 10 9.50.010 Stopping, standing or parking prohibited in specified places. A. Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a STLIII A18 police officer or official traffic control device, no person shall: (1) Stop, stand or park a vehicle: (a) On the roadway side of any vehicle stopped or parked at the edge or curb of a street, (b) On a sidewalk or planting strip except as authorized by permit issued in accordance with Chapter 8.66 of this code, (c) Within an intersection, (d) On a crosswalk, (e) Alongside or opposite any street excava- tion or obstruction when stopping, standing, or parking would obstruct traffic, (f) Upon any bridge or other elevated struc- ture upon a highway or within a highway tunnel, 411/ (g) On any railroad tracks, (h) Within a taxi zone, (i) In the area between roadways of a divided highway, or (j) At any place where official signs pro- hibit stopping; (2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: (a) In front of a public or private driveway or within five feet of the end of the curb radius leading thereto, (b) Within fifteen feet of a fire hydrant, (c) Within twenty feet of a crosswalk, 1111 (d) Within thirty feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway, (e) Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy- five feet of said entrance, when properly signposted, (f) In any officially designated bus zone, except for a bus, (g) In a taxi stand area or for hire vehicle stand, except for taxis or for hire vehicles as the case may be, (h) In a passenger loading zone for a period not to exceed three minutes, or (i) At any place where official signs pro- hibit standing; STLIII A19 (3) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers: (a) Within fifty feet of the nearest rail of a railroad crossing, (b) Within an alley in a residence district 11 110 in such a manner or under such conditions as to leave avail- able less than ten 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: provided, that it is lawful for the operator of a vehicle to park so as to leave available less than ten feet of width, or so as to block the alley in a residence dis- trict if necessary, only while the vehicle is actually engaged in construction, repair, service functions or ex- peditious loading or unloading which could not otherwise be performed, 1 11/ (c) In front of, or within six feet of, a United States mail box, (d) In an alley, in a business district: provided, that a properly marked truck or vehicle may park or stand in alleys in a business district for such time, not in excess of thirty minutes, as may be necessary for the expeditious loading or unloading of such vehicles, or • utilized in construction, repair, or service functions, or the delivery or picking up of property: provided, further, that such vehicle shall not be parked in an alley in a business district so as to leave available less than ten feet of width unless such functions could not otherwise be performed, 4 10 (e) In a zone marked "City Cars Only", except a publicly owned vehicle, (f) In a loading zone, except for the ex- peditious unloading and delivery or picking up and loading of property during hours when provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of property exceed thirty minutes, or (g) At any place where official signs pro- hibit parking. I R" B. For the purposes of Section 9.50.010 A.(3)(d), the term "properly marked truck or vehicle" means either a vehicle regularly used in performance of a function therein described and clearly identified as such with its firm name , painted thereon, or a vehicle being used in performance of a function therein described and displaying a sign of at least STLIII A20 fifteen inches by four inches in size in both the front and back windows conspicuously identifying its function and indicating the name of the firm where the function is being performed. 4111 C. Parking or standing shall be permitted in the manner provided by law at all other places except as pro- vided by Sections 9.50.050, 9.50.060 and 9.50.070. D. No person shall move a vehicle not lawfully under his control into any prohibited area or away from a curb such a distance as is unlawful. 9.50.020 Motorcycle parking. It is unlawful to park any vehicle other than a motorcycle in a parking stall designated by markings on the pavement within that stall as 41/1 one for motorcycle parking only. 9.50.030 Parking for certain purposes prohibited. No person shall park a vehicle upon any roadway for the princi- pal purpose of: (1) Displaying such vehicle for sale or for advertising services for vehicles; (2) Washing, greasing, servicing or repair- ing such vehicle, except repairs necessitated by an emer- gency. 9.50.040 Parking of certain vehicles prohibited on certain streets. When signs are erected giving notice thereof, no person shall park a vehicle as herein specified 4111 and as specified on such sign at any time upon any street where such sign is erected and herein specified as follows: 1. Motor trucks bearing a licensed gross weight, in accordance with RCW 46.16.170 in excess of ten thousand pounds: a. Both sides of North 1st Street between "B" Street and "I" Street; b. The east side of North 1st Street from a /11111 point one hundred fifteen feet south of Sycamore Street to a point one hundred sixty feet north of Sycamore Street; c. The north and south sides of "E" Street between 1st Street and Front Street; d. The east side of Front Street two hundred feet south and two hundred feet north of "E" Street. STLIII A21 9.50.050 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 following streets: (1) Both sides of 3rd Street from its intersection 411 with Arlington Street north to its intersection with South 2nd Street and the west side of South 3rd Street from the intersection of South 2nd Street northerly to the intersec- tion oT Pacific Avenue. (2) The east side of 1st Street from a point one hundred thirty feet south of Pacific Street to a point four hundred twenty feet south of Pacific Street, and from a point six hundred feet south of Pacific Street to Washington Avenue, and from Sycamore Street to Tamarack Street; and the west side of 1st Street from Tamarack Street to a point two III/ hundred fifty-five feet south of "I" Street and from Race Street to the south city limits; and both sides of North 1st Street from Tamarack Street to Interstate 82. - (3) The east side of 3rd Avenue from a point seven hundred fourteen feet north of Division Street south to a point three hundred seventy-three feet north of Prasch Avenue, and from King Street to Washington Avenue; and the west side of 3rd Avenue from a point six hundred ninety-two ' feet north of Division Street south to the south city limits. (4) Both sides of 5th Avenue from "B" Street to Lin- coln Avenue and the east side of 5th Avenue from Walnut 4110 Street south to a point three hundred feet south of Spruce Street, and from Pine Street to Queen Anne Boulevard; and the west side of 5th Avenue from Walnut Street to a point two hundred thirty feet south of Tieton Drive, and from Division Street to Nob Hill Boulevard; and the east side of 5th Avenue from 100 feet north of Fruitvale Boulevard to Quince Street. (5) The east side of 7th Avenue from Yakima Avenue to 411 110 Chestnut Avenue, and from Spruce Street to Tieton Drive. (6) Both sides of llth Avenue from Walnut Street to Spruce Street and the west side of llth Avenue from Tieton Drive north to the Yakima Valley Transportation Company railroad tracks. STLIII A22 (7) Both sides of 16th Avenue from Lincoln Avenue to Nob Hill Boulevard; and the east side of 16th Avenue from Hathaway Road to Lincoln Avenue, and from King Street to a point one hundred feet south of Pierce Street, and from Spokane Street to the south city limits; and the west side of 16th Avenue from Fruitvale Boulevard to a point four hundred feet south of Jerome Avenue, and from Nob Hill Boulevard to the south city limits. (8) The east side of 24th Avenue from Nob Hill Boule- vard to Viola Avenue, and from a point one hundred fifty feet south of Logan Avenue to Washington Avenue; and the west side of 24th Avenue from Nob Hill Boulevard to a point one hundred feet south of Clinton Way, and from a point twelve hundred feet north of Washington Avenue to Washington Avenue. (9) Both sides of "I" Street from 1st Street to 5th Avenue. (10) Both sides of "F" Street from 8th Street one -half block east to alley. (11) Both sides of Lincoln Avenue from 4th Street to 1st Street, and from 5th Avenue to 40th Avenue, and from 24th Avenue to 40th Avenue; and the north side of Lincoln ' Avenue from 44th Avenue to 46th Avenue; and the south side of Lincoln Avenue from 16th Avenue to 24th Avenue and from 46th Avenue to Bitterroot Way. 1110 (12) Both sides of "B" Street from 4th Street to Naches Avenue; the north side of "B" Street from Naches Avenue to 8th Street; and both sides of "B" Street from Pierce Avenue to 6th Avenue. (13) The north side of "A" Street from 16th Avenue to Hall Avenue, and from 4th Street to the alley one -half block west thereof; and the south side of "A" Street from Naches Avenue to 3rd Street. AP° (14) The north side of Summitview Avenue from 7th Avenue to Pierce Avenue, and from 16th Avenue to 31st Ave- nue, and from 32nd Avenue to 46th Avenue and from a point one hundred twenty feet east of 52nd Avenue to a point fifty feet east of the westerly intersection of Shamrock Drive; and the south side of Summitview Avenue from 7th Avenue to Hall Avenue, from a point one hundred seventy -four feet west STLIII A23 of Hall Avenue to a point four hundred fifty -four feet west of Hall Avenue, and from 15th Avenue to 32nd Avenue, and from 39th Avenue to a point three hundred fifty feet east of 39th Avenue, and from 40th Avenue to the west city limits. (15) Both sides of Yakima Avenue from 8th Street to 9th Street, and from Front Street west to the railroad tracks, and from Chicago Avenue to 22nd Avenue; and the south side of Yakima Avenue from 1st Street to a point one hundred fifty feet east of 1st Street, and from 12th Avenue to Chicago Avenue. (16) Both sides of Chestnut Avenue from 12th Avenue to 15th Avenue, and from 16th Avenue to 20th Avenue; and the south side of Chestnut Avenue from 6th Avenue to 7th Avenue, and from 20th Avenue to Stanley Boulevard. 4 11/ (17) The east side of Stanley Boulevard from Chestnut Avenue to 23rd Avenue; and the west side of Stanley Boule- vard from Laban Avenue to a point six hundred ten feet south. (18) Both sides of Walnut Street from the alley east of 1st Street to 3rd Avenue, and from 6th Avenue to llth Avenue; and the north side of Walnut Street from 3rd Avenue to the alley west of 4th Avenue, and the south side of Walnut Street from the alley east of 4th Avenue to the alley west of 4th Avenue. (19) The north side of West Spruce Street from Holton Avenue to 12th Avenue. 410 (20) Both sides of Tieton Drive from 5th Avenue to 44th Avenue except the north side from 8th Avenue to 9th Avenue. (21) Both sides of Nob Hill Boulevard from the east city limits to the west city limits. (22) Both sides of Mead Avenue from 10th Street to Voelker Avenue and from 1st Avenue to 2nd Avenue; and the north side of Mead Avenue from Voelker Avenue to 1st Avenue, and from 2nd Avenue to 3rd Avenue. (23) Both sides of Washington Avenue from a point four hundred feet east of 1st Street to 3rd Avenue; and both sides of Washington Avenue from 16th Avenue to 28th Avenue. STLIII A24 (24) The east side of 7th Street from "G" Street to "H" Street. (25) The east side of Pierce Avenue from Summitview Avenue to West Lincoln Avenue; and the west side of Pierce Avenue from Lincoln Avenue to Folsom Avenue. (26) Both sides of North 40th Avenue from Summitview Avenue to Englewood Avenue, and both sides of South 40th Avenue from Nob Hill Boulevard to Washington Avenue. (27) The north side of LaSalle Street from 9th Street to 10th Street (Fair. Avenue). (28) The south side of Belmont Avenue from 15th Avenue to 16th Avenue. 4 11 0 (29) The south side of Knobel Avenue from 40th Avenue to a point 380 feet east thereof. (30) The east side of North 4th Avenue from Cherry Avenue to a point 350 feet south thereof. (31) The east side of 8th Street from "A" Street to Yakima Avenue. (32) The west side of 10th Street from Pacific Street to Nob Hill Boulevard. (33) The north side of Prasch Avenue from 13th Avenue 411 to 16th Avenue. (34) The west side of South 29th Avenue from West Chestnut Avenue to West Walnut Street. (35) The north side of Pitcher Street between 10th Street and Fair Avenue. (36) The south side of Terrace Street from 14th Avenue 410 to a point 160 feet east thereof. (37) North side of "I" Street from North 4th Street westerly to the north -south alley between North 4th Street and North 3rd Street. (38) South side of Arlington Street from South 40th Avenue to South 41st Avenue. STLIII A25 . . • (39) East side of North 31st Avenue between Summitview Avenue and Barge Street. • (40) South side of Haynes Street between Pleasant Avenue and Queen Avenue. (41) Both sides of South 15th Avenue from its inter- 111 1111) section with Nob Hill Boulevard southerly a distance of 260 feet. . , . . (42) The north side of Arlington from 9th Street to 10th Street (Fair Avenue). (43) The south side of Central Avenue from 8th Street to 10th Street (Fair Avenue). 9.50.060 Parkin. prohibited during certain hours on I I I certain streets. When signs are erected in each block giving notice thereof, no person ' shall park a vehicle between the hours specified herein of any day except Sundays and public holidays within the district or upon any of the streets described herein: ' • (1) Parking is prohibited between the hours of three a.m. and five a.m. on all blocks where parking meters are installed on any portion of the block. • . 9.50.070 Two-hour parking time limit on certain streets. When signs are erected in each block giving notice thereof, no person shall park a vehicle for longer than two hours at any . time between the hours of nine a.m. and six 4111 p.m. of any day except Sundays and public holidays within the district or upon any of the streets described herein: (1) Both sides of 6th Street from Yakima Avenue to Chestnut Avenue. (2) Both sides of Front Street from Chestnut Avenue to Walnut Street. (3) Both sides of 4th Avenue from "A" Street to Yakima IL II, • Avenue and from a point 250 feet south of Yakima Avenue to Chestnut Avenue. , . . (4) Both sides of 5th Avenue from "A" Street to Walnut Street. . . . . . • STLIII A26 (5) East side of 6th Avenue from "B" Street to "A" Street. (6) West side of 6th Avenue from "A" Street to Yakima Avenue. 410 (7) Both sides of 7th Avenue from "A" Street to Yakima Avenue. 18) West side of 7th Avenue from Chestnut Avenue to Walnut Street. (9) West side of Pierce Avenue from Browne Avenue to the first alley south of Browne Avenue. (10) West side of 8th Avenue from Summitview Avenue to 411/ Yakima Avenue. (11) South side of "B" Street from 1st Avenue east to the railroad tracks. (12) Both .__s_ ides of_ _fir czwne__AvE.nue - f ram_ - _.7th Averru to °� Pierce Avenue. (13) North side of "A" Street from 6th Avenue east to the alley and from 7th Avenue to Pierce Avenue. (14) Both sides of Yakima Avenue from 6th Avenue to 7th Avenue. S (15) North side of Yakima Avenue from 7th Avenue to 8th Avenue. (16) South side of Yakima Avenue from 6th Street east to the alley and from 10th Avenue to llth Avenue. (17) North side of Yakima Avenue from 6th Street to 7th Street. • (18) Both sides of Chestnut Avenue from 6th Street to Naches Avenue and from 2nd Avenue to 6th Avenue. • (19) North side of Walnut Street from the alley west of 3rd Avenue west to 5th Avenue. (20) South side of Walnut Street from 3rd Avenue to 5th Avenue. STLIII A27 (21) South side of Pine Street from 1st Street east to the alley. (22) East side of North 3rd Avenue from Yakima Avenue northerly to the alley. 111 9.50.080 Parking time limited in core business dis- trict. When signs are erected in each block giving notice thereof, no person shall park a vehicle for longer than two consecutive hours between the hours of eight a.m. and six p.m. of any day except Sundays and public holidays on any street within the area bounded on the west by the centerline of 1st Street, on the south by the centerline of Walnut Street, on the east by the centerline of Naches Avenue, and on the north by the centerline of "B" Street; and for the purpose of this section, it is unlawful for any person to move a vehicle from any public parking location on any 1 11/ street within the above-described area and to park that vehicle at any other public parking location on any street within that area in such a manner so that the accumulated parking time exceeds two consecutive hours. 9.50.090 One-half-hour parking limit on certain streets. When signs are erected in each block giving notice thereof, no person shall park a vehicle for longer than thirty minutes at any time between the hours of nine a.m. and six p.m. of any day except Sundays and public holidays within the district or upon any of the streets described herein: (1) Both sides of 2nd Street from "B" Street south one 1 10 hundred feet. 9.50.095 Fifteen minute parking time limit on certain streets. When signs are erected in each block giving notice thereof, no person shall park a vehicle for longer than fifteen minutes at any time between the hours of nine a.m. and six p.m. of any day except Sundays and public holidays within the district or upon any of the streets described herein: (1) South side of Yakima Avenue from 4th Street east ninety feet; (2) A parking space on one end of each block in the district bounded by and including the west side of Naches Avenue between Walnut and "B" Streets, the east side of 1st Street between Walnut and "B" Streets, the north side of STLIII A28 Walnut Street between Naches Avenue and 1st Street, and the south side of "B" Street between Naches Avenue and 1st Street. 9.50.100 Truck parking in residence districts res- t. tricted. No vehicle exceeding in length twenty feet shall be parked on any street in any residential district for a period exceeding one hour continuous time, except for the expeditious loading or unloading or articles or materials. 9.50.110 Stopping, standing and parking of buses and taxicabs regulated. A. The operator of a bus shall not park such vehicle upon any street at any place other than a bus stand so designated as provided herein except in case of an emer- gency. B. 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 pas- sengers or baggage shall be in a position with the right front wheel of such vehicle not further than eighteen inches from the curb and the bus approximately parallel to the curb so as not to impede unduly the movement of other vehicular traffic. C. The operator of a taxicab shall not stand or park such vehicle upon any street other than in the 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 parking regu- lations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of pas- sengers. METHOD OF PARKING AA° 9.50.130 Angle parking. The front wheel of a vehicle angled parked at a curb 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. All angle STLIII A29 parking, including center-street angle parking, shall be head in parking unless otherwise signed, or marked or authorized by permit. 9.50.140 Other parked vehicles. It is unlawful for the operator of a vehicle to stop, stand or park such ve- hicle less than three feet from the front or rear of any lawfully parked vehicle or less than one foot from any vehicle lawfully parked at an angle, 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 sign or device; provided, the provisions of this section shall not apply to those parking spaces designated as bumper-to-bumper parking. 9.50.150 Blocking traffic. No person shall stop or leave any vehicle, either attended or unattended, in any public highway in such a manner so as to unreasonably block or obstruct vehicles lawfully traveling on such public highway. Said vehicles are subject to impoundment as authorized by Section 6.84.030 of this code. PARKING METER PARKING • 9.50.160 Use of parking meters. A. Between the hours of nine a.m. and six p.m., on all days except Sunday, and public holidays when any vehicle shall be parked in any space alongside of or next to which a 410 parking meter is located, in accordance with the provisions of this title, the operator of the vehicle or the person in whose name the vehicle is registered shall, upon entering such space with the vehicle, immediately deposit in the 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 the parking meter is covered by a locked meter hood by the renter thereof, as hereinafter provided. B. If the vehicle shall remain parked in the parking space beyond the legal parking time, or if the operator of the vehicle does not deposit in the meter a proper coin or combination of coins for legal parking time, either of which shall be designated by a sign or signal of the parking meter showing illegal parking, such vehicle shall be considered as STLIII A30 parked overtime; and the parking of a vehicle overtime, or failure to put the meter in operation, shall be a violation of this code. 9.50.170 Violation -- Extending parking time. 4 111 A. It is unlawful and a violation of the provisions of this title for any person to deposit or cause to be deposited in a parking meter a coin for the purpose of increasing or extending parking time of any vehicle beyond the legal maximum parking time which has been established for the parking space adjacent to which the parking meter is placed. B. It is unlawful and a violation of the provisions of this title for any person to permit a vehicle to remain 1110 in any p gP ace YP g arkin space ad acent to any parking meter while the J parking meter is displaying a signal indicating a violation. 9.50.180 Unlawful use of parking meters. It is un- lawful to deposit or cause to be deposited in any parking meter any slug, device or substitute for a legal coin of the United States. 9.50.190 Parking meter zones -- Time restrictions. Those highways and parts of highways described below are designated parking meter zones with such legal parking time restrictions and coin requirements for activating parking meters as follows: 410 A. Two-hour 10 cents per hour, nickle-dime combina- tion: 1. East side of Naches Avenue from "B" Street from Chestnut Avenue, 2. East side of 4th Street from Lincoln Avenue to "B" Street, 3. West side of 3rd Street from Lincoln Avenue to "B" Street, AA° 4. Spruce Str:oettil, sides of 3rd Street from Walnut Street to IIP 5. Both sides of 2nd Street from Lincoln Avenue to "B" Street and from Walnut Street to Spruce Street, 6. West side of 2nd Street from Spruce Street to Pine Street, 7. Both sides of 1st Street from Lincoln Avenue to "B" Street and from Walnut Street to Pine Street, STLIII A31 8. West side of 1st Street from "B" Street to Walnut Street, 9. Both sides of Front Street from "A" Street to Chestnut Avenue, 10. Both sides of 2nd Avenue from Yakima Avenue to Chestnut Avenue, 11. West side of 2nd Avenue from "A" Street to Yakima Avenue, 12. Both sides of 3rd Avenue from Yakima Avenue to Chestnut Avenue, 13. Both sides of 4th Avenue from Yakima Avenue to a point two hundred fifty feet south, 14. Both sides of "B" Street from 1st Street to Front Street, 15. North side of "B" Street from 3rd Street to 1st Street, 16. Both sides of "A" Street from 6th Street to Naches Avenue and from 1st Street to Front Street, 17. Both sides of Yakima Avenue from 6th Street to Naches Avenue and from 1st Street to 6th Avenue, 18. Both sides of Chestnut Avenue from 1st Street to Front Street, 19. South side of Walnut from 4th Street to 1st Street, 20. Both sides of Spruce Street from 2nd Street to 1st Street. 9.50.200 Short -term parking meter zones. Parking meters located in short -term parking meter zones shall be painted red and such parking meters shall be lawfully oper- ated by depositing the proper coin as indicated on the • meter. 9.50.210 Special parking permit -- Fees -- Regula- tions. A. Effective January 1, 1977, a special parking permit may be obtained by filing a written application therefore with the customer services 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. Special parking permits are to be issued and used only for vehicles used in building mainten- ance, building construction, or equipment service or instal- lation. STLIII A32 B. It is the duty of the customer services manager to investigate the facts stated in the application and deter- mine the necessity for the use of the special parking permit in conducting or operating the business of the applicant. C. Upon the approval of the application by the cus- tomer services manager, the approved application shall be presented by the applicant to the director of finance and budget, and applicant shall pay the said director one month's permit fee in the sum of ten dollars. D.' The fee for a special parking permit is estab- lished at ten dollars per month for a period of thirty days from date of issuance of the permit, or one hundred dollars per year, with all fees being payable in advance. E. It is unlawful for any person, firm or corporation to use a special parking permit in violation of the rules and regulations set out in the approved application. F. It is unlawful for any person, firm or corporation 410 to use a special parking permit in any fifteen-minute or thirty-minute parking meter zone. G. It is unlawful to use a special parking permit '-unless the parking space is occupied by a motor vehicle described in the application for such permit. 9.50.220 Long-term parking permits. A. Issuance of Permits. The issuance of permit to authorize long-term vehicular parking in parking lots owned • by the city, but operated by private parties, shall be administered by the city department of finance and budget according to the following rules and regulations: 1. The number of long-term permits to be issued 411 for parking in any lot shall not exceed fifty percent of the parking spaces in each respective lot; provided the total number of such permits issued shall not exceed twenty per- cent of the total parking spaces in all lots. The Yakima city director of finance and budget is authorized to deter- mine the number of permits to be applicable to various lots from time to time, within the limitations and according to the authority, rules and regulations of this section. When quotas are filled, subsequent applications will be placed on file, a waiting list will be established, and permits will be issued as openings occur. 2. Permits shall be issued only upon the written application of an owner or manager of a business located within the area bounded by the following streets: "B" Street on the north; Naches Avenue on the east; Walnut Street on the south; and First Street on the west. STLIII A33 Application shall be made on forms furnished by the office of the Yakima city director of finance and budget. 3. Permits shall be issued only for vehicles regularly used in business operations. 4. The issuance of a permit does not reserve a parking space in the parking lot, and each applicant for a 41111, permit shall acknowledge in writing that no such space is reserved and that the issuance of a permit by the city does not guarantee the availability of a parking space at all times or at any particular time. 5. Each permit shall have designated thereon the parking lot for which the permit is valid, and the attempted use of a permit for parking in a lot other than designated on the permit shall not afford the parking privileges which otherwise may be enjoyed by the permit holder. 6. Permits will be issued on a quarterly calen- dar basis only, to expire on the last day of the months of 1 11 1 March, June, September and December of each year. 7. The fee for a long-term parking permit shall = be sixty dollars per calendar quarter to be paid to the Yakima city director of finance and budget at the time a new permit is issued, or at the time of making application for a renewal. The fee for a new permit to expire in less than three calendar months will be prorated at the rate of twenty dollars for any full or partial calendar month remaining in • that calendar quarter. No fee will be prorated for less than one full calendar month. 8. Permits may be renewed on or after the twenty-fifth day of the month of expiration; applications for renewals will not be accepted prior to the twenty-fifth 1 11 1 day of the month of expiration. 9. No new permits will be issued during the periods of time between March 25th and April 5th; June 25th and July 5th; August 25th and September 5th; and December 25th and January 5th of each year. Renewal permits only will be issued during those time periods. 10. Applications by mail for renewal will not be accepted unless applicant has made prior arrangement there- fore with the office of the Yakima city director of finance and budget. 111 11. Failure of a permit holder to apply for renewal within the renewal period specified by these rules may result in the loss of that permit to the next applicant therefore on the waiting list. 12. Permits will be cancelled on the application by the permit holder for such cancellation, and the unused STLIII A34 permit fee will be refunded as prorated at the rate of twenty dollars per month for each full calendar month re- maining in the period for which the permit was issued. No refund will be made for a partial calendar month. 13. The Yakima city director of finance and 410111 budget is authorized to adopt such further rules and regu- lations, not inconsistent with rules and regulations of this subsection, as the director deems necessary or advisable to administer the permit system authorized and adopted by this subsection. A vehicle displaying a valid parking permit issued pursuant to this section may remain parked in any parking space in the parking designated on the permit, without paying a parking fee, for a period of time not to exceed twenty-four consecutive hours. The permit must be displayed within the parked vehicle in such a manner so as to be plainly visible and legible from a point outside the 4111 vehicle near the driver's position. 9.50.230 City Hall parking lot -- Parking regulated -- Parking permit -- Enforcement. A. The parking lots owned by the city consisting of Lots 4 and 5, Block 48, and Lots 13, 14, 15 and 16, Block 49, of the town of North Yakima (now Yakima), Washington, according to the plat thereof recorded in Volume A of Plats, • page 10, and rerecorded in Volume E, page 1, records of Yakima County, Washington, are designated as the City Hall parking lot. 4111 B. Signs shall be conspicuously posted warning against parking of unauthorized vehicles at the City Hall parking lots designated in subsection A of Section 9.50.240, which sign shall also warn that unauthorized parked vehicles are subject to impoundment, and when such signs are so posted, it is unlawful for any person to park a vehicle in that City Hall parking lot unless the parking vehicle is a marked city-owned vehicle, or unless there is displayed within the parked vehicle a valid parking permit issued /1■11 pursuant to subsection C of Section 9.50.240,so as to be plainly visible and legible from a point outside the vehicle near the driver's position. C. The issuing of parking permits referred to in subsection B of this section shall be administered by the customer services manager of the city. The permits shall be issued to such members of the management group of the city STLIII A35 as designated by a policy or rules and regulations, as adopted or amended from time to time, of the customer ser- vices manager, subject to approval by the city manager. D. The procedures for enforcing the parking prohi- bitions of this section shall be those procedures provided by Chapter 9.60 of the city code as applicable to parking 4111) violations; provided, that the chief of police or his agent is authorized to immediately impound or cause to be im- pounded any unauthorized vehicle parked in City Hall parking lots described in subsection A of this section. The ap- plicable provisions of Chapter 6.84 of the city code shall govern towing, storage, redemption, or other disposition of any vehicle impounded pursuant to this section. MISCELLANEOUS RULES III/ 9.50.240 Establishment of fire zone -- Duties of public. A. There is 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 feet or more from the fire, and in every case shall include the two nearest street intersections. The "fire zone" shall remain in existence until such time as the chief of the fire department or his authorized agent shall declare the emergency past. 111/ Commanding officers at fires shall have authority to remove from the "fire zone" obstructions to the extinguish- ing 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 deparment or their authorized agents. It is 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 is lawful for the chief of the fire department and his authorized agents to require the aid of the operator STLIII A36 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 1101" authorized to establish fire lines on a public street or private property, by roping off same, or by stationing a fireman in uniform, or a police officer, to direct traffic, and it is unlawful for any person to disregard or fail to obey the orders of the fireman or police officer or to run over the rope or to operate any vehicle inside fire lines. 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 walled off parts of public streets and private property in and adjacent thereto and place suitable signs marked "danger" about same, or caution 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 the lines, fences, or walls. 9.50.250 Boarding or alighting from vehicle. No person shall board or alight from any vehicle while such vehicle is in motion. 110 9.50.260 Unnecessary noise. It is unlawful to operate any vehicle in such a manner as to cause any unnecessary or unreasonable loud noise, whether due to sudden starting, sudden stopping, exhaust explosion, lack of proper muffler, or by any other means. 9.50.270 Use of coasters, roller skates, and similar devices restricted. No person upon roller skates or riding in or by means of any coaster, toy vehicle, or similar AA) device, shall go upon any roadway except while crossing a street 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. 9.50.280 Clinging to moving vehicles. Any person riding upon any bicycle, motorcycle, coaster, sled, roller skates, or any toy vehicles shall not attach the same or himself to any moving vehicle upon any highway or to any train. STLIII A37 9.50.290 One -way streets and alleys. Upon those streets and parts of streets and in those alleys herein described, vehicular traffic shall move only in the indi- cated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited. No e ll such regulation shall be effective unless such signs are in place. Direction of Traffic Name of Street or Alley or Portion Thereof Movement (1) "A" Street from North Front Street to North 6th Street Westbound (2) Chestnut Avenue from South Front Street to South 6th Street Eastbound (3) 12th Avenue from Nob Hill Boulevard to Hamm Avenue Northbound (4) Henry Avenue from Laban Avenue to Stanley Boulevard Southbound (5) Terrace Street from South 14th Avenue to South 12th Avenue Eastbound (6) Frontage Road from 9th Street to 10th Street Eastbound (7) 10th Street from Frontage Road to Pitcher Street Southbound (8) The alleys between West Spruce Street and West Chestnut Avenue between llth Avenue and 12th Avenue Northbound (9) The first alley west of Chicago Avenue and north of Yakima • Avenue from Yakima Avenue to a point 165 feet north thereof Northbound (10) The north -south tee alleys in Blocks 30 and 31, Plat of the town of North Yakima (now Yakima) Southbound (11) The east -west alley between Yakima Avenue and "A" • Street from Front Street to Naches Avenue Eastbound (12) The east -west alley between Yakima Avenue and Chestnut Avenue from Front Street to 4th Street Westbound (13) The north -south alley between South llth Avenue and Pleasant Avenue from Tieton Drive to Haynes Street Southbound (14) Lincoln Avenue from Pierce Avenue to North 8th Street Westbound (15) "B" Street from Pierce Avenue to North 8th Street Eastbound (16) Pierce Avenue from Lincoln Avenue to "B" Street Southbound (17) South 34th Avenue from • Yakima Avenue to Chestnut Avenue Southbound (18) Arlington Street from 16th Avenue to 19th Avenue Westbound STLIII A38 RIGHT-OF-WAY 9.50.300 State highways designated as arterial high- ways. All state highways are declared to be arterial high- ways as respects all other public highways or private ways except those city streets that the Washington ton State Hi hwa PY ggY 4110111 Commission has designated as an arterial having preference over the traffic on the state highway. Those city streets designated by the Washington State Transportation Commission as forming a part of the routes of state highways through the city are declared to be arterial highways as respects all other city streets or private ways. 9.50.310 Arterial highways. The following streets and portions of streets are designated arterial highways for the purpose of this title: 110 (1) 1st Street from north city limits to south city limits. (2) 3rd Street from "I" Street to South 1st Street. (3) 6th Street from Lincoln Avenue to Nob Hill Boulevard. (4) 8th Street from "G" Street to Yakima Avenue. (5) Fair Avenue from Spruce Street to 10th Street. (6) 10th Street from Fair Avenue to Mead Avenue. (7) 3rd Avenue from "D" Street to south city limits. (8) 5th Avenue from "I" Street to Division 11/1 Street. (9) ,6th Avenue from north city limits to Fruit- vale Boulevard. (10) 7th Avenue from Yakima Avenue to Walnut Street. (11) Pierce Avenue from Lincoln Avenue to Summit- view Avenue. (12) 10th Avenue from Nob Hill Boulevard to Mead Avenue. AA) Drive (13) llth Avenue from Yakima Avenue to Tieton 111 (14) 16th Avenue from north city limits to south city limits. (15) 24th Avenue from Nob Hill Boulevard to Wash- ington Avenue. (16) 32nd Avenue from Nob Hill Boulevard to south city limits. STLIII A39 (17) 40th Avenue from north city limits to south city limits. (18) 48th Avenue from Fechter Road to Englewood Avenue. (19) 48th Avenue from Summitview Avenue to south city limits. (20) 56th Avenue from Englewood Avenue to Tieton Drive. (21) Reservoir Road from west city limits to east ,city limits. (22) Fechter Road from west city limits to east city limits. (23) Scenic Drive from west city limits to east city limits. (24) "I" Street from 5th Avenue to 3rd Street. (25) Fruitvale Boulevard from 5th Avenue to west city limits. (26) "G" Street from North 1st Street to North 8th 11111 Street. (27) Powerhouse Road from Englewood Avenue to Lincoln Avenue. (28) Englewood Avenue from Powerhouse Road to west city limits. (29) Cherry Avenue from 5th Avenue to 3rd Avenue. (30) Lincoln Avenue from 40th Avenue to 8th Street. (31) Summitview Avenue from west city limits to Yakima Avenue. (32) "B" Street from Pierce Avenue to North 8th Street. (33) Yakima Avenue from 16th Avenue to 1st Street. (34) Yakima Avenue from 6th Street to east city 1 11 1 limits. (35) Walnut Street from llth Avenue to 9th Street. (36) Tieton Drive from west city limits to 5th Avenue. (37) Division Street from 5th Avenue to 3rd Avenue. (38) Pacific Street from South 1st Street to 10th Street. (39) Nob Hill Boulevard from west city limits to east city limits. 411 (40) Mead Avenue from 16th Avenue to east city limits. (41) Washington Avenue from west city limits to South 1st Street. STLIII A40 PEDESTRIANS' RIGHTS AND DUTIES 9.50.320 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. 9.50.330 Pedestrian duties at railroad crossings. 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. 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 an immediate hazard. 11111 "U" TURNS AND TURNS ACROSS TRAFFIC 9.50.340 "U" turns. No operator of a vehicle shall make a "U" turn in a business district; provided, that "U" turns are permitted in designated "U" turn lanes within a pedestrian mall as defined by Section 9.10.313. No operator of a vehicle shall make a "U" turn at a point in the city • outside a business district or a pedestrian mall except at a street intersection or a street end. 9.50.350 Turning vehicle across opposing traffic to park. No person shall turn a vehicle across opposing traf- fic lanes for the purpose of parallel or angle parking. STLIII A41 SPEED REGULATIONS 9.50.360 Speed regulations. (A) It is determined upon the basis of an engineering and traffic investigation that the speed permitted by state law on the highways described in Section 9.50.370, all in the city of Yakima, varies from that which is deemed reasonable or safe under the conditions found to exist upon such highways and it is declared that the speed limits shall be as hereinafter set forth in Sec- tion 9.50.370 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 9.50.370, except as allowed for by law. • 9.50.370 Speed limits. In accordance with Section 9.50.360, and when properly signposted, speed limits during -- the time specified over and along the streets designated are: A. Twenty miles per hour: (1) 6th Avenue from Spruce Street to Division Street, (2) Cornell Avenue from Division Street to Nob Hill Boulevard, (3) 12th Avenue from Arlington Street to Nob Hill Boulevard, (4) 15th Avenue from Nob Hill Boulevard to Prasch Avenue, (5) 37th Avenue from Richey Road to Summitview Avenue, (6) 37th Avenue from Summitview Avenue to Tieton Drive, (7) 38th Avenue from Tieton Drive to Nob Hill Boulevard, (8) 44th Avenue from Walnut Street to south city limits, (9) Chestnut Avenue from 6th Avenue to 48th • Avenue, (10) Beech Street from 7th Street to 8th Street, (11) Arlington Street from 12th Avenue to 16th Avenue, (12) Arlington Street from 40th Avenue to 45th Avenue, STLIII A42 (13) Prasch Avenue from 12th Avenue to 16th Ave- nue, B. Twenty-five miles per hour: (1) On all city, streets at all times not other- 41/111 wise designated or officially signposted; C. Thirty miles per hour: (1) "B" Street from 8th Street to 6th Avenue, (2) Englewood Avenue from North 23rd Avenue to west City limits, (3) Fair Avenue from Chestnut Street to High Street, (4) Front Street from Beech Street to "I" Street, (5) Fruitvale Boulevard from 5th Avenue to 6th Avenue, (6) Hathaway Avenue from 15th Avenue to 16th 4111 Avenue, (7) "I" Street from 6th Avenue to 1st Street, (8) Lincoln Avenue from 8th Street to west city • limits, (9) Mead Avenue from South llth Avenue to South 16th Avenue, (10) Nob Hill Boulevard from 6th Street to 40th Avenue, (11) Pacific Street from 10th Street to 3rd Street, (12) Summitview Avenue from 7th Avenue to 40th Avenue, (13) Tieton Drive from 5th Avenue to 50th Avenue, (14) Walnut Street from South 8th Street to South 5th Avenue, (15) Yakima Avenue from 9th Street to 6th Street and from 7th Avenue to 16th Avenue, (16) 1st Street from Pine Street to "D" Street, (17) 2nd Street from Walnut Street to 3rd Street, (18) 3rd Street from Walnut Street to 1st Street, (19) 3rd Avenue from Mead Avenue to Lincoln Avenue, • (20) 5th Avenue from "I" Street to Tieton Drive, (21) 6th Street from Yakima Avenue to Nob Hill Boulevard, (22) 6th Avenue from Hathaway to Fruitvale Boule- vard, (23) 8th Street from Walnut. Street to "G" Street, (24) 10th Street from High Street to Pacific Street, STLIII A43 (25) 20th Avenue from Fruitvale Boulevard to Willow Street and from McKinley Avenue to Lincoln Avenue, (26) 24th Avenue from Nob Hill Boulevard to Lila Avenue, (27) 56th Avenue from Arlington Avenue to Engle- wood Avenue; D. Thirty-five miles per hour: (1) Fruitvale Boulevard from North 16th Avenue to west city limits, (2) Mead Avenue from South 10th Street to South llth Avenue, (3) Nob Hill Boulevard from South 10th Street to South 6th Street and from South 40th Avenue to west city limits, (4) Scenic Drive from a point seven hundred thirty-five feet east of 58th Avenue to a point four • hundred twenty feet west of 58th Avenue, (5) Summitview Avenue from North 40th Avenue to west city limits, (6) Terrace Heights Way from east city limits to 9th Street, (7) Tieton Drive from South 50th Avenue to west city limits, (8) West Washington Avenue from South 1st Street to South 16th Avenue, (9) South 1st Street from south city limits to East Pine Street, (10) North 1st Street from "D" Street to north city limits, • (11) South 3rd Avenue from West Washington Avenue to Mead Avenue, (12) South 10th Street from Nob Hill Boulevard to Pacific Street and from Lindy Lane to Mead Avenue, (13) 10th Avenue from Spokane Street to Fremont Street, (14) 16th Avenue from south city limits to north city limits, (15) 20th Avenue from north city limits to Fruit- vale Boulevard, 40, (16) 40th Avenue from West Washington Avenue to IIP Englewood Avenue, (17) South 48th Avenue from south city limits to Nob Hill Boulevard and from Tieton Drive to Summitview Avenue, STLIII A44 (18) 64th Avenue from Midvale Road to Tieton Drive, (19) West Washington Avenue from South 16th Avenue to west city limits; -111111 E. Forty miles per hour: (1) 24th Avenue from Lila Avenue to West Wash- ington Avenue, (2) -40th Avenue from Englewood Avenue to north city limits. 9.50.380 Maximum speed limit when passing school or playground crosswalks. Subject to RCW 46.61.400(1), and except in those instances where a lower maximum lawful speed is provided by this chapter or otherwise, it is unlawful for the operator of any vehicle to operate the same at a speed in excess of twenty miles per hour when operating any ve- hicle upon a highway when passing any marked school or play- ground crosswalk when such marked crosswalk is fully posted with standard school or playground speed limit signs. The speed zone at the crosswalk shall extend three hundred feet in either direction from the marked crosswalk. INATTENTION • 9.50.390 Inattention. It is a traffic infraction for any person to drive a vehicle within the City in an in- attentive manner. For the purpose of this section, "in- attentive manner" means to drive in such a manner so as to fail to maintain a careful lookout in the direction of travel or to otherwise drive without due vigilance for persons or property in or near the path of such vehicle. CHAPTER 9.55 AUTO STAGES AND RAILWAY TRAINS 9.55.010 Auto stage permits, routes and schedules. - 4111, A. It is 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 routes and STLIII A45 stops by, and a permit therefore 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. B. It is unlawful for any owner or operator of any 11, 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. 9.55.020 Blocking streets prohibited. It is unlawful for the directing officer or the operator of any railway train to direct the operation of or to operate the same in such a manner as to prevent or interfere with the use of any street for the purposes of travel for a period of time longer than five consecutive minutes, except that this 4111 provision shall not apply to trains or cars in motion other than those engaged in switching. 9.55.030 Locomotive crew as safety measure. It is 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 to actually sta- tioned 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. 9.55.040 Use of whistle or bell. It is unlawful for • any person operating any locomotive to blow or sound the whistle or bell of such locomotive at the grade crossing of the Moxee branch of the Burlington Northern Railway Company on North First Street at "G" Street and the Boise Cascade Lumber Company spur grade crossing on North First Street at "H" Street, in the city except to prevent an accident not otherwise avoidable. 9.55.050 Flagman or gate required. No railroad train shall be operated across North First Street in the city at 1111„ either the Moxee branch grade crossing of the Burlington Northern Railway Company at "G" Street or the Boise Cascade Lumber Company spur grade crossing at "H" Street unless there is installed at such grade crossings a flagman, gates or other appropriate signal device. STLIII A46 9.55.060 Trains and equipment of electric railway systems -- Maximum speed. It is unlawful to operate any trains or on -track equipment of electric railway systems within the city at a greater rate of speed than twelve miles per hour: provided, however, it is unlawful to operate any 410 electric railway systems trains or on -track equipment on 6th Avenue between Pine Street and Walnut Street at a greater rate of speed than five miles per hour. 9.55.070 Trains and on -track equipment of electric railway systems -- Obedience to traffic signals, flagmen required. All trains and on -track equipment of electric railway systems operated on or along the streets of the city shall obey traffic signals at intersecting streets, and shall be preceded by a flagman at intersections bearing a stop for the direction of travel of such trains or equip- ment. 9.55.080 Hours of operation -- Restrictions -- Trains of electric railway systems. No person shall operate trains of electric railway systems within the city, except as may be otherwise specifically authorized from time to time by the city council, in the following locations during the following time periods Mondays through Fridays: Location Hours Trains Prohibited West of 6th Avenue 1:00 A.M. to 1:00 P.M. 4:30 P.M. to 6:00 P.M. On 6th Avenue 1:00 A.M. to 12:00 Noon 4:30 P.M. to 6:00 P.M. 9.55.090 Lamps on trains of electric railway systems. It is unlawful to operate a train of electric railway sys- tems during nondaylight hours unless the engine thereof is lighted on all sides and the last car of each train has . affixed to each side of the trailing end a flashing red light visible from the rear and the respective sides of the train. STLIII A47 CHAPTER 9.60 ENFORCEMENT 9.60.030 Penalties. Unless another penalty is pro- vided by ordinance of the city, every person convicted of a misdemeanor defined by this title or a violation of any 411 provision of this title shall be punished by a fine of not more than five hundred dollars or by imprisonment in the city jail facility for not more than 90 days, or by both such fine and imprisonment. Further, for all violations of traffic infractions as defined by RCW 46.63.020, and pro- hibited by this chapter the monetary penalty for the com- mission thereof shall be as made and provided for under the provisions of RCW 46.63.110. 9.60.040 Parking infraction -- Notice -- Monetary penalty for failure to respond. A. Notice. If any motor vehicle without a driver is found parked, angle-parked, standing or stopped in violation of any of the restrictions imposed by the ordinances of this city, the officer finding the vehicle shall take its regis- tration number and may take any other information displayed on the vehicle which may identify its user, and shall con- spicuously affix to the vehicle a notice of parking infrac- tion. B. Monetary Penalty For Failure To Respond. If no response is made to a notice of parking infraction within seven days from the date it is issued there shall be a monetary penalty of five dollars added to the monetary • penalty for committing the parking infraction; and further, such monetary penalty for failure to respond shall be in- creased to fifteen dollars if the notice of parking in- fraction remains unpaid for a period of thirty days. • 9.60.090 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. 9.60.100 Revenue from parking meters -- Current ex- pense fund -- Bond. The coins required to be deposited in parking meters as provided herein are 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 STLIII A48 supervision, inspections, installation, operation, mainten- ance, 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. Chapter 9.70 PARADE AND MOTORCADE PERMITS 9.70.010 Parade and motorcade permits - Definitions. Wherever used in this Chapter, the following words shall have the following meanings ascribed to them: 1. "Parade" means any march or procession consisting of people, animals or vehicles, or combinations thereof, except funeral processions, upon any public street, 1111 sidewalk or alley, which does not comply with the normal and usual traffic regulations or controls. 2. "Motorcade" means an organized proces- '-sion containing twenty-five or more vehicles, except funeral processions, upon any public street, sidewalk or alley. 3. "Permittee" means the natural person to whom a parade or motorcade permit is granted pursuant to this section. 9.70.020 Permits Required. It is unlawful for any person to conduct a parade or motorcade in or upon any public street, sidewalk or alley, or to knowingly parti- cipate in any such parade or motorcade, unless a permit to 110 conduct the parade or motorcade has been obtained from the chief of police or by appeal to the city manager as provided in this section. 9.70.030 Offenses. A. It is unlawful for any person to knowingly join or participate in any parade or motorcade conducted in viola- tion of any term of any permit issued pursuant to this section. B. It is unlawful for any person to join or parti- • • cipate in any parade or motorcade conducted by virtue of a permit issued pursuant to this section over the objection of the permittee or person in charge of such parade or motor- cade. C. It is unlawful for any person to intentionally obstruct or interfere with the orderly progress or conduct of a parade or motorcade conducted by virtue of a permit issued pursuant to this section. STLIII A49 9.70.040 Permit Application. Applications for a parade or motorcade permit shall be made in writing to the chief of police at least thirty days in advance of the date of such parade or motor- cade; provided, however, the chief of police, in his dis- cretion, may reduce or waive such time limitation for any 410 unexpected occasion or in the case of a parade of visitors arriving in the city within less than the thirty-day period preceding the date of such parade or motorcade. Application for such parade or motorcade permit shall be made in writing on a form approved by the chief of police and shall contain: 1. The name, address and telephone number of the applicant; name and address and telephone number of the sponsoring organization; name, address and telephone number of any persons having charge or control of •such parade or motorcade; and 2. The purpose of such parade or motorcade, the date when it is proposed to be conducted, the expected number of participants, the location of assembly and dis- assembly, route to be traveled and the approximate time when the proposed parade or motorcade will assemble, start and terminate; and 3. A description of the type and number of indi- vidual floats, marching units, vehicles, animals and bands, including description of any sound amplification equipment . to be used; and 4. Such other information as the chief of police may deem necessary to provide for the safe and free flow of traffic. 9.70.050 Standards for Issuance or Denial of Permit. A. Standards for Issuance of Permit. Subject to the provisions of subsections B and C of this section, the chief of police shall issue a parade or motorcade permit to any applicant who complies with the requirements of section 9.70.040 of this chapter, the issuance of which permit shall be conditioned upon the applicant's written agreement to comply with the terms of the permit and all other applicable laws. B. Variances. Pursuant to a proper application being made for a parade permit, the chief of police may issue a 11 6 permit which varies from the terms of the application per- taining to the time, place, line of march, duration, manner of using streets, alleys and sidewalks, and assembly and disassembly, all as the chief may deem necessary because of traffic conditions, the physical condition of the proposed route of the parade, or the prior issuance of a permit for a parade which may conflict with that for which application is made. STLIII A50 C. Standards for Denial. The chief of police shall deny an application for a parade or motorcade permit if: 1. Any applicant.fails or refuses to comply with any provisions of this section, or refuses to agree to abide by or comply with all the terms or conditions of the permit; or 2. The information in the application is found to be false or nonexistent in any material detail; or 3. The chief of police finds that there exists a clear and present danger of riot or civil disorder in con- nection with the parade or motorcade for which the permit is sought. 9.70.060 Notice of Granting, Denial or Variance. Within seven days after an application has been made for a parade or motorcade permit, the chief of police shall notify III/ the applicant in writing by certified mail with return PP g Y receipt requested, or by personal delivery, of the granting of the permit or of any terms of the permit which may vary from the request of the application, or of the denial of such permit and the reasons therefore. The notification given pursuant to this section shall include a statement of the applicant's right of appeal and an explanation of the appeal procedure provided by sections 9.70.070 and 9.70.080 of this chapter. 9.70.070 Appeal Procedure. Upon denial by the chief of police of a parade or motorcade permit application, or upon the issuance of a permit which varies in its terms from the application, the applicant may appeal the action of the 1110 chief of police to the city manager by filing with the chief of police or his agent a written notice of appeal within five days after personal delivery or mailing of the notice by the chief of police, as provided in section 9.70.060 of this chapter. The notice of appeal shall contain the name and address of the applicant, together with a short written statement of the grounds for appeal. The city manager or his designate shall conduct a hearing and, based upon the standards contained in section 9.70.050 of this chapter, may /11110 reverse, affirm or modify the action of the chief of police from which the appeal was taken. Such hearing shall be held no later than five days prior to the date requested for the parade or motorcade. Notice of the date, time and place of such hearing at which the appeal will be heard shall be given in writing by personal delivery or certified mail with return receipt requested to the applicant no less than five days prior to the time of that hearing. In the event the chief of police lessens or waives the thirty-day period STLIII A51 mentioned in section 9.70.040 of this chapter, notices and hearing provided in this section shall be given as quickly as possible. 9.70.080 Judicial Review. After the denial or modi- fication of the terms of a parade or motorcade permit by the chief of police, or after a hearing on appeal by the city manager or his designate which affirms the action of the chief of police, if it appears to the city manager, chief of police or other city offical that such a parade or motorcade nevertheless may occur if the application is denied, or may be conducted contrary to the modified terms of a permit, as the case may be, the city manager, chief of police or other city official shall notify the city attorney to immediately commence proceedings for a judicial review of the action of the chief of police or the decision of the city manager or his designate, as the case may be, and seek an injunction or other appropriate judicial relief against the applicant. 1110 9.70.090 Modification or Revocation of Permit - Emer- - gency. Any permit for a parade or motorcade issued pursuant to this section may be summarily revoked, or the terms thereof modified, by the chief of police at any time when by reason of disaster, public calamity, riot or other emer- gency, the chief of police determines that the safety of the general public or parade or motorcade participants requires such modification or revocation. Prompt notice of such action modifying or revoking a permit shall be delivered in writing to the permittee by personal service or by certified mail with return receipt requested." Section 3. Chapter 1.92 "Traffic Safety Commission" • and Sections 1.92.010, 1.92.020, 1.92.030, 1.92.040 and 1.92.050 thereof, are hereby enacted as a new chapter and sections of the city of Yakima Municipal Code which shall read as follows: "Chapter 1.92 Traffic Safety Advisory Commission I RO 1.92.010 Traffic Safety Advisory Commission created - purpose. There is created within the city of Yakima a traffic safety advisory commission to consist of members appointed STLIII A52 by city council. The purpose of the commission shall be to act in an advisory capacity to the city council on matters of traffic safety. 1.92.020 Membership. Ile The commission shall be composed of seven residents of the city of Yakima. For the initial term of office, one member shall serve for one year, three members shall serve for two years, and three members for three years. There- after, members shall be appointed for a term of three years. At the first ,regular meeting following the appointment the members shall determine by lot those members who are to serve for the initial one, two and three year terms. No member shall serve for more than 2 consecutive 3 year terms. 111/ The members of the board shall be selected without regard to political affiliation and shall serve without compensation. 1.92.030 Duties of the Commission. The commission shall perform the following duties: 1. Coordinate traffic safety activities; and 2. Receive and consider citizen complaints related to traffic safety matters; and 3. Make recommendations to the city council' related to the improvement of traffic safety and the en- forcement of traffic laws and regulations. 1.92.040 Removal - vacancies. 1110 The city council may remove any member of the com- mission, Vacancies occurring otherwise than by expiration of a term shall be filled for an unexpired term in the manner as for regular appointments to the commission. 1.92.050 Meetings, officers, records and quorum. The commission shall elect its own chairperson and vice-chair- person. The commission secretary shall be the city traffic 110° engineer or his designee who shall not be entitled to vote on matters considered by the Commission. The commission shall hold regular monthly meetings. It shall adopt rules for transaction of business to the extent deemed necessary by the commission members, and it shall keep a record of its meetings, findings and determinations." STLIII A53 Section 4. This ordinance shall be in full force and effect thirty days after its passage, approval and publica- tion as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 13th day of December 1983. /s/ LYNN CARMICHAEL MAYOR ATTEST: /s/ KAREN S. ROBERTS CITY CLERK Publication Date 12/15/83 Effective Date 1/15/84 111/ 411 STLIII A54 Section 4. This ordinance shall be in full force and effect thirty days after its passage, approval and publica- tion as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 13th day of December 1983. r MAYOR ATTEST: CITY CLERK Publication Date 12/15/83 Effective Date 1/15/84 4 0110 STLIII A54