HomeMy WebLinkAbout3586ORDINANCE NO. 3 5 8 6
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, ADOPTING BY REFERENCE
R.C.W. CHAPTER 46.63 - DISPOSITION OF TRAFFIC INFRACTIONS
(EFFECTIVE JANUARY 1, 1981).
THE CITY COUNCIL OF THE CITY-OF AUBURN, WASHINGTON, DO ORDAIN
AS FOLLOWS:
S
Section 1. There is herewith adopted by reference R.C.W. Chapter
46.63 - Disposition of Traffic Infractions (effective January 1, 1981).
Under the provisions of R.C.W. 35A.12.140 this Ordinance shall be published
as required by law, but the aforementioned State Statute adopted by reference
need not be published but shall be authenticated and recorded by the Auburn
City Clerk and not less than three (3) copies of said statute in the form in
which it was adopted shall forthwith be filed in the office of the Auburn City
Clerk for use and examination by the public.
Section 2. If any provision of this Ordinance or the State law adopted
by reference herein, or its application to any person or circumstance is held
invalid, the remainder of this Ordinance or the application of the provisions
to other persons or circumstances is not affected.
Section 3. This Ordinance shall take effect and be in force five (5) days from
and after its passage, approval and publication, as provided by law and as of
January 1, 1981.
INTRODUCED: DECEMBER 15, 1980
PASSED: DECEMBER. 15, 1980
APPROVED: DECEMBER 15, 1980
ATTEST:
/-?l MAYOR
PUBLISHED: DECEMBER 22, 1980
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Ordinance No. 3586
12-9-80
DISPOSITION OF TRAFFIC INFRACTIONS
(Effective January 1, 1981.)
Legislative intent.
Violations as lraffi: infractions-Exceptions.
Notiu of lrefftc inffactiun-laananot.
Jurisdiction of count.
Training of judicial officers.
Non" c.` trr1`5^
unless contested-Form.
Response to notice of traffic infraction Milan.
ing determination-Hearing-Failure to re.
spond or appear.
Hearings-Rules or procedure--Counsel.
Hearings-Contesting determination that infrao-
lion committed-Appeal.
Hearings-Explanation of mitigating
circumstances.
Monetary penalties.
Order of court-Civil nature-Waiver, reduc-
tion, suspension of penalty-Community service
in lieu of penalty.
Issue of process by court of limited jurisdiction.
Presumption regarding stopped, standing, or parked
vehicles.
Costs and attorney's fees.
Traffic infraction uses involving juveniles under age sixteen:
13.40.250.
46.63.010 Legislative intent. It is the legislative in-
tent in the adoption of this chapter in decriminalizing
certain traffic offenses to promote the public safety and
welfare on public highways and to facilitate the imple-
mentation of a uniform and expeditious system for the
disposition of traffic infractions. [1979 ex.s. c 136 § 1.]
Effective date-1979 ex.s. a 136: 'The provisions of chapter 136.
Iywa of 1979 ex. sess. and this 1980 act shall take effect on January 1,
1981, and shall apply to violations of the traffic laws committed on or
after January I, 1981.' 11980 c 128 J 9; 1979 ex.s. a 136 1111.1
Severability-1979 ex.s. c 136: 'If any provision of this act or its
application to any person or circumstance is held invalid, the remain-
der of the act or the application of the provision to other persons or
circumstances is not affected.' [1979 ex.s. c 136 1 110.1
46.63.020 Violations as traffic infractions-Ex-
ceptions. Failure to perform any act required or the per-
formance of any act prohibited by this title or an
equivalent administrative regulation or local law, ordi-
nance, regulation, or resolution relating to traffic in-
cluding parking, standing, stopping, and pedestrian
offenses, is designated as a traffic infraction and may
not be c!assified as a criminal offense, except for an of-
fense contained in the following provisions of this title or
a violation of an equivalent administrative regulation or
local law, ordinance, regulation, or resolution:
(1) RCW 46.09.120(2) relating to the operation of a
nonhighway vehicle while under the influence of intoxi-
cating liquor or a controlled substance;
(2) RCW 46.09.130 relating to operation of nonhigh-
way vehicles;
(3) RCW 46.10.090(2) relating to the operation of a
snowmobile while under the influence of intoxicating li-
quor or narcotics or habit-forming drugs or in a manner
endangering the person of another;
(4) RCW 46.10.130 relating to the operation of
snowmobiles;
(5) Chapter 46.12 RCW relating to certificates of
ownership and registration;
(6) RCW 46.20.021 relating to driving without a valid
driver's license;
trl rl,. -dim.Lu.llo relating to thq unlawful posses-
sion and use of a driver's license;
(8) RCW 46.20.341 relaying to driving with a sus-
pended or revoked license;
(9) RCW 46.20.410 relating to the violation of re-
strictions of an occupational driver's license;
(10) RCW 46.20.420 relating to the operation of a
nw(ut vehicle with a suspended or revoked license;
(11) Chapter 46.29 RCW relating to financial
responsibility;
02) kCv; 4o.48.175 relating to the. transporta:ion of
dangerous articles;
(13) RCW 46.52.010 relating to duty on striking an
unattended car or other property;
(14) RCW 46.52.020 relating to duty in case of injury
to or death of a person or damage to an attended
vehicle;
(15) RCW 46.52.090 relating to reports by repair-
men, storagemcn, and appraisers;
(16) RCW 46.52. 100 relating to driving under the in-
fluence of liquor or drugs;
(17) RCW 46.52.130 relating to confidentiality of the
driving record to be furnished to an insurance company
and an employer;
(18) RCW 46.61.015 relating to obedience to police
officers, ragmen, or firefighters;
(19) RCW 46.61.020 relating to refusal to give infor-
mation to or cooperate with an officer;
(20) RCW 46.61.022 relating to failure to stop and
give identification to an officer;
(21) RCW'.46.61.500 relating to reckless driving;
(22) RCW 46.61.502 and 46.61.504 relating to per-
sons under the influence of intoxicating liquor or drugs;
(23) RCW 46.61.520 relating to negligent homicide
by motor vehicle;
(24) RCW 46.61.525 relating to negligent driving;
(25) RCW 46.61.530 relating to racing of vehicles on
highways;
(26) RCW 46.61.685 relating to leaving children in
an unattended vehicle with the motor running;
(27) RCW 46.64.020 relating to nonappearance after
a written promise;
(28) RC\V 46.64.048 relating to attempting, aiding,
abetting, coercing, and committing crimes;
(29) Chapter 46.65 RCW relating to habitual traffic
offenders;
(30) Chapter 46.70 RCW relating to unfair motor ve-
hicle business practices, except where that chapter pro-
vides for the assessment of monetary penalties of a civil
nature;
(3I) Chapter 46.72 RCW relating to the transporta-
tion of passengers in for hire vehicles;
(32) Chapter 46.80 RCW relating to motor vehicle
wreckers;
(33) Chapter 46.83 RCW relating to driver's training
schools. [ 1980 c .148 § 7; 1979 ex.s. c 136 § 2.1
ERectbe 4a(e 3980 c 149: See note following RCW 46.10.090.
Effectve date-&,trablliry-1979 exA. c 136: See notes fol.
)owing RCW 46.63.010.
46.63.030 Notice of traffic infraction-Issuance.
(1) A law enforcement officer has the authority to issue
a notice of traffic infraction when the infraction is com-
mitted in the officer's presence or if an officer investi-
gating at the scene of a motor vehicle accident has
reasonable cause to believe that the driver of a motor
vehicle involved in IN, accident has committed a traffic
-r.-
(2) A court may, issue a notice of traffic infraction
::,-an receipt of a written statement of the officer that.
i? rc?sor,a Y. causes to bchc.? that an infractio:.
was committed.
(3) If any motor vehicle without a driver is found
parked, standing, or stopped in violation of this title or
an equivalent administrative regulation or local law, or-
dinance, regulation, or resolution, the officer finding the
vehicle shall take its registration number and may lake
any other information displayed on the vehicle which
may identify its user, and shall conspicuously affix to the
vehicle a notice of traffic infraction. [1980 c 128 § 10;
1979 ex.s. c 136 § 3.1
Effective elateverabitity-1980 c 128: See neatcs following
kCw' 46.63.060.
Effectl,r date-S"crability-1979 txs. a 1}6: See notes fol.
lowing RCW 46.63.010.
46.63.040 Jurisdiction of courts. (1) All violations of
state law, local law, ordinance, regulation, or resolution
designated as traffic infractions in RCA 46.63.020 may
be heard and det,:rmined by a district court, except as
otherwise provided in this section.
(2) Any municipal or police court has the authority to
hear and determine traffic infractions pursuant to this
chapter.
(3) Any city or town with a municipal or police court
may contract with the county to have traffic infractions
committed within the city or town adjudicated by a dis-
trict court.
(4) District court commissioners have the authority to
hear and determine traffic infractions pursuant to this
chapter. [1979 ex.s. c 136 § 6.]
Effective date--6erembiliry-1979 exs, a 136: See notes fol-
lowing RCW 46.63.010.
46.63.050 Training of judicial officers. All judges
and court commissioners adjudicating traffic infractions
shall complete such training requirements as are pro-
mulgated by the supreme court. [1979 ex.s. c 136 § 7.1
Effective date Seeerabilit)-1979 exs. t 136: See notes fol-
lowing RCW 46.63.010.
46.63.060 Notice of traffic infraction-Determi-
nation final unless contested-Form. (1) A notice of
traffic infraction represents a determination that an in-
fraction has been committed. The determination will be
final unless contested as provided in this chapter.
(2) The form for the notice of traffic infraction shall
be prescribed by rule of the supreme court and shall in-
clude the following:
(a) A statement that the notice represents a determi-
nation that a traffic infraction has been committed by
the person named in the notice and that the determina-
tion shall be final unless contested as provided in this
chapter,
(b) A statement that a traffic infraction is a noncri-
minal offense for which imprisonment may not be im-
posed as a sanction; that the penalty for a traffic
infraction may include sanctions against the person's
driver's license including suspension, revocation, or
denial;
(c) A statement of the specific traffic infraction for
which the notice was issued;
(d) A statement of the monetary penalty established
for the traffic infraction;
(e) A statement of the options provided in this chapter
for responding to the notice and the procedures neces-
sary to exercise these options;
(f) A statement that at any hearing to contest the de-
termination the state has the burden of proving, by a
preponderance of the evidence, that the infraction was
committed; and that the person may subpoena witnesses
including the officer who issued the notice of infraction;
(g) A statement that at any hearing requested for the
purpose of explaining mitigating circumstances sur-
rounding the commission of the infraction the person
will be deemed to have committed the infraction and
may not subpoena witnesses;
(h) A statement that the person must respond to the
notice as provided in this chapter within seven days or
the person's driver's license will not be renewed by the
department until any penalties imposed pursuant to this
chapter have been satisfied;
(i) A statement that failure to appear at a hearing re-
quested for the purpose of contesting the determination
or for the purpose of explaining mitigating circum-
stances will result in the refusal of the department to re-
new the person's driver's license until any penalties
imposed pursuant to this chapter have been satisfied;
0) A statement, which the person shall sign, that the
person promises to respond to the notice of infraction in
one of the ways provided in this chapter;
(k) A statement that failure to respond to a notice of
infraction as promised is a misdemeanor and may be
punished by a fine or imprisonment in jail. [1980 c 128
§ 1; 1979 ex.s. c 136 § 8.)
Effective date 1980 c 128: 'Sections I through 8 and 10 through
16 of this act shall take effect on January I, 1981, and shall app!) to
violations of the traffic laws committed on or after January 1, 1981.
Section 9 of this act is necessary for the immediate prescrvatien of the
public peace, health, and safety, the support of the state government
¦nd its existing public institutions, and shall lake effect immediately.'
11980 c 128 1 18.1
Severabllity-1980 a 128: 'If any provision of this act or its sp?
plication to any person or circumstance is held invalid, the remainder
of the act or the appllcauon of the provision to other persons or cir-
cumstances is not affected.' 11980 c 128 r 17.)
Effective date-?Sevembility-1979 ex.a. a 136: See notes fol.
kwing RCW 46.63.010.
46.63.070 Response to notice of traffic infrac-
tion--Contesting determination-Hearing-Fail-
ure to respond or appear. (I) Any person who receives a
notice of traffic infraction shall respond to such notice as
provided in this section within seven days of the date of
the notice.
(2) If the person determined to have co m illyd the
infraction does not contest the determination the person
-2-
shall respond by-completing the appropriate portion of
the notice of infraction and submitting it, either by mail
or in person, to the court specified on the notice. A
check or money order in the amount of the penalty pre-
scribed for the infraction must be submitted with the re-
sponse. When a response which does not contest the
determination is received, an appropriate order shall be
entered in the court's records, and a' record of the re-
sponse and order shall be furnished to the department in
accordance with RCW 46.20.270.
(3) If the person determined to have committed the
infraction wishes to contest the determination the person
shall respond by completing the portion of the notice of
infraction requesting a hearing and submitting it, either
by mail or in person, to the court specified on the notice.
The court shall notify the person in writing of the time,
place, and date of the hearing, and that date shall not be
sooner than seven days from the date of the notice, ex-
cept by agreement.
(4) If the person determined to have committed the
infraction does not contest the determination but wishes
to explain mitigating circumstances surrounding the in-
fraction the person shall respond by completing the por-
tion of the notice of infraction requesting a hearing for
that purpose and submitting it, either by mail or in per-
son, to the court specified on the notice. The court shall
notify the person in writing of the time, place, and date
of the hearing.
(5) (a) If any person issued a notice of traffic
infraction:
(i) Fails to respond to the notice of traffic infraction
as provided in subsection (2) of this section; or
(ii) Fails to appear at a hearing requested pursuant to
subsection (3) or (4) of this section;
the court shall enter an appropriate order assessing the
monetary penalty prescribed for the traffic infraction
and an), other penalty authorized by this chapter and
shall notify the department in accordance with RCW
46.20.270, of the failure to respond to the notice of in-
fraction or to appear at a requested hearing.
(b) The department may not renew the drivels license
of any person for whom the court has entered an order
pursuant to (a) of this subsection until any penalties im-
posed pursuant to this chapter have been satisfied. 11980
c 128 § 2; 1979 ex.s. c 136 § 9.]
Effective dale----,Sevenbility-1980 a 128: See notes following
RCW 46.63.060.
Effectht date Sevenbitity-1979 ex.s. a 136: See notes rol-
lowing RCW 46.63.010.
46.63.080 Hearings-Rules of procedure
Counsel. (1) Procedures for the conduct of all hearings
provided for in this chapter may be established by rule
of the supreme court.
(2) Any person subject to proceedings under this
chapter may be represented by counsel.
(3) The attorney representing the state, county, city,
or town may appear in any proceedings under this chap.
ter. 11979 ex.s. c 136 § 10.1
46.63.090 ilearings-----Contesting determination
that infraction committed-Appeal. (1) A hearing held
for the purpose of contesting the determination that an
infraction has been committed shall be without a jury.
(2) The court may consider the notice of traffic in-
fraction and any other written report made under oath
submitted by the officer who issued the notice or whose
written statement was the basis for the issuance of the
notice in iieu of the officer's personal appearance at the
hearing. The person named in the notice may subpoena
witnesses, including the officer, and has the right to
present evidence and examine witnesses present in court.
(3) The burden of proof is upon the state to establish
the commission of the infraction by a preponderance of
the evidence.
(4) After consideration of the evidence and argument
the court shall determine whether the infraction was
committed. Where it has not been established that the
infraction was committed an order dismissing the notice
shall be entered in the court's records. Where it has been
established that the infraction was committed an appro-
priate order shall be entered in the court's rccoids. A
record of the court's determination and order shall be
furnished to the department in accordance with RCW
46.20.270 as now or hereafter amended.
(5) An appeal from the court's determination or order
shall be to the superior court. The decision of the supe-
rior court is subject only to discretionary review pursu-
ant to Rule 2.3 of the Rules of Appellate Procedure.
[1980 c 128 § 3; 1979 ex.s. c 136 § 11.1
Effective date-.Sevenbility-1980 a 128: See notes following
RCW 46.63.060.
Effective date Sevenbility-1979 ex.s. a 136: See notes fol-
lowing RCW 46.63.010.
46.63.100 Hearings-Explanatlon of mitigating
circumstances. (1) A hearing held for the purpose of al-
lowing a person to explain mitigating circumstances sur-
rounding the commission of an infraction shall be an
inforlne.l proceeding. The person may not subpoena wit-
nesses. The determination that an infraction has been
committed may not be contested at a hearing held for
the purpose of explaining mitigating circumstances.
(2) After the court has heard the explanation of the
circumstances surrounding the commission of the inf,:,.-
tion an appropriate order shall be entered in the court's
records. A record of the court's determination and order
shall be furnished to the department in accordance with
RCW 46.20.270 as now or hereafter amended.
(3) There may be no appeal from the court's determi-
nation or order. [1979 ex.s. c 136 § 12.]
Effectivt date-Sevembility-1979 txs. t 136: Sec notes fol.
lowing RCW 46.63.010.
46.63.110 Monetary penalties. (1) A person found to
have.committcd a traffic infraction shall be assessed a
monetary penalty. No penalty may exceed two hundred
and fifty dollars for each offense unless authorized by
this chapter or title.
-3-
(2) The supreme court may prescribe by rule a sched-
ule of monetary penalties for designated traffic
';,fraclione,
(3).There shall be a penalty of twenty-five dollars for
f,;lore to re;pond to a notice of traffic infraction or
this chapter.
(4) Monetary penalties provided for in chapter 46.70
RCW which are civil in nature and penalties which may
be assessed for violations of chapter 46.44 RCW relating
to size, weight, and load of motor vehicles are not sub-
;cct to the limitation on the amount of monetary penal-
ties which may be imposed pursuant to this chapter.
(5) Whenever a monetary penalty is imposed by a
court under this chapter it is immediately payable. If the
r-crson is unable to pay at that time the court may, in its
scretion. grant an extension of the period in which the,
;.:malty may be paid. If the penalty is not_paid on or be-
fa
e the time es;ablishcd for payment the court shall no-
ify the department of the failure to pay the penalty, and
the department may not renew the person's driver's li-
.cnsc until the penalty has been paid and the penalty
provided in subsection (3) of this section has been paid.
;1980 c 128 § 4; 1979 ex.s. c 136 § 13.]
ERecti a dste----Se.tnbi1ity-1980 a 128: See notes following
t:CW 46.63.060.
Effecti,e date- Se.enbility-1979 t" a 136: See notes [of.
'o,xing RCN' 46.63.010.
46.63.120 Order of court-Civil nature
Walter, reduction, suspension of penalty-Community
service in lieu of penalty. (1) An order entered after the
receipt of a response which does not contest the deter.
ruination, or after it has been established at a hearing
iat the infraction was committed, or after a hearing for
:he purpose of explaining mitigating circumstances is
civil in nature.
(2) The court may include in the order the imposition
nr any penalty authorized by the provisions of this chap-
'er for the commission of an infraction. The court may,
o its discretion, waive, reduce, or suspend the monetary
f;n3lty prescribed for the infraction. At the person's re-
eat the court may order performance of a number of
`ours of community service in lieu of a monetary pen-
alty, at the rate of the then state minimum wage per
hour. 11979 cx.s. c 136 § 14.]
Effecti.e date Settrability-1979 exec t 136: See notes fol-
1o.ing RCN' 46.63.010.
46.63.130 Issue of process by court of limited juris-
t1;c1ion. Notwithstanding any other provisions of law
governing service of process in civil cases, a court of
I mited jurisdiction having jurisdiction over an alleged
Traffic infraction may issue process anywhere within the
:fete. (1980 c 128 15.)
E.ffr, in dstt?St,enbility-1980 a 128: See notu rollowing
c CW 4663.060.
46.63.140 Presumption regarding stopped, standing,
or parked vehicles. (1) In any traffic infraction case in-
v0!9:,-,L a 0. t6u title or equivalent administra-
tive regulation or local law, ordinance, regulation, or
resolution relating to the stopping, standing, or parking
of a vx6i?l?, p,wf that the particular vehicle ocscnbed
in the notice of traffic infraction was stopping, standing,
or parking in violation of any such provision of this title
or an equivalent administrative regulation or local law,
ordinance, regulation, or resolution, toecther with proof
that the person named in the notice of traffic infraction
was at the time of the violation the registered owner of
the vehicle, shall constitute in evidence a prima facie
presumption that the registered owner of the vehicle was
the person who parked or placed the vehicle at the. point
where, and for the time during which, the violation
occurred.
(2) The foregoing stated presumption shall apply only
when the procedure prescribed in RCW 46.63.030(3)
has been followed. 11960 c 128 § 11.1
Effectbt date--Seversbility-1980 a 128: See notes following
RCW 46.63.060.
46.63.150 Costs and attorney's fees. (1) Notwith-
standing any other provision of law, the court may sus-
pcnd either a portion or all of the costs of the action.
(2) The court may not award attorney's fees or costs
to the defendant in a traffic infraction case. (1980 c 128
§ 13.1
Effective date ?Serembility-1980 0 128: See notes following
RCW 46.63.060.
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STATE OF WASHINGTON)
ss
COUNTY OF KING )
I, Coralee A. McConnehey, the duly appointed, qualified City Clerk
of the City of Auburn, a Municipal Corporation and Code City, situate in
the County of King, State of Washington, do hereby certify that the fore-
going is a full, true and correct copy of Ordinance No. 3586 of the
ordinances of the City of Auburn, entitled
"AN ORDINANCE OF THE CITY OF AUBURN, WASIlINGR.'ON, ADOPTING BY REFERENCE
R.C.W. CHAPTER 46.63 - DISPOSITION OF TRAFFIC INFRACTIONS (EFFECTIVE
JANUARY 1, 1981).
I certify that said Ordinance No. 3586 was duly passed by the
Council and approved by the Mayor of the said City of Auburn, on the 15th
day of DECEMBER , A.D., 19__aj?-.
I further certify that said Ordinance No. 19RA was published as
provided by law in the Daily Globe News, a daily newspaper published in the
City of Auburn, and of general circulation therein, on the 15th day of
DECEd?IIt, A.D., 1981 1
WITNESS my hand and the official seal of the City of Auburn, this 2nd
day of APRIL , A. D., 19__81_.
CITY CLERK OF THE CITY OF AUBUR