CIVIL TRAFFIC ORDINANCE

CIVIL TRAFFIC ORDINANCE

DEFINITIONS

8.04.010 Scope and Construction of Terms

8.04.015 Alcohol Concentration

8.04.020 Alley

8.04.030 Arterial Road

8.04.040 Authorized Emergency Vehicle

8.04.050 Auto Stage

8.04.060 Axle

8.04.071 Bicycle

8.04.080 Business District

8.04.085 Camper

8.04.090 Cancel

8.04.100 Center Line

8.04.110 Center of Intersection

8.04.130 Combination of Vehicles

8.04.140 Commercial Vehicle

8.04.145 Council

8.04.160 Crosswalk

8.04.170 Explosives

8.04.180 Farm Tractor

8.04.181 Farm Vehicle

8.04.182 Farmer

8.04.183 Farming

8.04.190 For hire Vehicle

8.04.194 Garbage Truck

8.04.200 Hours of Darkness

8.04.210 Flammable Liquid

8.04.220 Intersection Area

8.04.240 Intersection Control Area

8.04.260 Laned Road

8.04.270 Legal Owner

8.04.280 Local Authorities

8.04.290 Marked Crosswalk

8.04.300 Metal Tire

8.04.302 Mobile Home, Manufactured Home

8.04.304 Moped

8.04.305 Motor Homes

8.04.310 Motor Truck

8.04.320 Motor Vehicle

8.04.330 Motorcycle

8.04.340 Muffler

8.04.350 Multiple Lane Road

8.04.355 Municipal Transit Vehicle

8.04.360 Nonresident

8.04.370 Operator or Driver

8.04.380 Owner

8.04.381 Park or Parking

8.04.382 Passenger Car

8.04.391 Police Officer

8.04.400 Pedestrian

8.04.405 Person

8.04.408 Photograph, Picture, Negative

8.04.410 Pneumatic Tires

8.04.414 Pole Trailer

8.04.416 Private Carrier Bus

8.04.420 Private Road or Driveway

8.04.460 Registered Owner

8.04.465 Rental Car

8.04.466 Rental Car Business

8.04.467 Reservation

8.04.470 Residence District.

8.04.480 Revoke

8.04.485 Road

8.04.490 Road Tractor

8.04.500 Roadway

8.04.510 Safety Zone

8.04.521 School Bus

8.04.530 Semitrailer

8.04.540 Sidewalk

8.04.550 Solid Tire

8.04.552 Special Mobile Equipment

8.04.555 Stand or Standing

8.04.560 State Road

8.04.565 Stop

8.04.566 Stop or Stopping

8.04.580 Suspend

8.04.582 Tandem Axle

8.04.585 Temporarily Sojourning

8.04.590 Traffic

8.04.611 Traffic-Control Devices

8.04.620 Trailer

8.04.621 Tribe

8.04.622 Park Trailer

8.04.623 Travel Trailer

8.04.650 Tractor

8.04.653 Truck

8.04.655 Truck Tractor

8.04.660 Used Vehicle

8.04.670 Vehicle

8.04.672 Vehicle or Pedestrian Right of Way

8.04.710 Wheelchair Conveyance

8.04.010 Scope and construction of terms

Terms used in this title shall have the meaning given to them in this chapter except where otherwise defined, and unless the context clearly indicates otherwise.

Words and phrases used in the past, present or future tense shall include the past, present and future tenses; words and phrases used in the masculine, feminine or neuter gender shall include the masculine, feminine and neuter genders; and words and phrases used in the singular or plural shall include the singular and plural; unless the context indicates otherwise.

8.04.015 Alcohol concentration

"Alcohol concentration" means:

(a) grams of alcohol per two hundred ten liters of a person's breath, or

(b) the percent by weight of alcohol in a person's blood.

8.04.020 Alley

"Alley" means a public road not designed for general travel and used primarily as a means of access to the rear of residences and business establishments.

8.04.030 Arterial Road

"Arterial road" means every public road, or portion thereof, designated as such by proper authority.

8.04.040 Authorized Emergency Vehicle

"Authorized emergency vehicle" means any vehicle of any fire department, police department, sheriff's office, coroner, prosecuting attorney, Washington state patrol, ambulance service, public or private, or any other vehicle authorized in writing by the Chief of Police.

8.04.050 Auto Stage

"Auto stage" means any motor vehicle used for the purpose of carrying passengers and incidental baggage and freight, or either, on a regular schedule of time and rates.

8.04.060 Axle

"Axle" means structure or structures on a vehicle supported by wheels and on which or with which the wheels revolve.

8.04.071 Bicycle

"Bicycle" means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels either of which is sixteen inches or more in diameter, or three wheels, any one of which is more than twenty inches in diameter.

8.04.080 Business District

"Business district" means the area next to and including a road when, within any six hundred feet along the road, there are buildings in use for business or industrial purposes, and/or public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the road.

8.04.085 Camper

"Camper" means a structure designed to be mounted upon a motor vehicle which provides facilities for human habitation or for temporary outdoor or recreational lodging and which is five feet or more in overall length and five feet or more in height from its floor to its ceiling when fully extended, but does not include motor homes.

8.04.090 Cancel

"Cancel" in all its forms, means invalidation indefinitely.

8.04.100 Center Line

"Center line" means the line, marked or unmarked, parallel to and equal distance from the sides of a two-way traffic road except where otherwise indicated by painted lines or markers.

8.04.110 Center of Intersection

"Center of intersection" means the point of intersection of the center lines of intersecting public roads.

8.04.130 Combination of Vehicles

"Combination of vehicles" means every combination of motor vehicle and motor vehicle, motor vehicle and trailer or motor vehicle and semitrailer.

8.04.140 Commercial Vehicle

"Commercial vehicle" means any vehicle whose principal use is transporting commodities, merchandise, produce, freight, animals, or passengers for hire.

8.04.145 Council

"Council" means the Skokomish Tribal Council.

8.04.160 Crosswalk

"Crosswalk" means the portion of the roadway between the intersection area and a line ten feet therefrom, unless modified by a marked crosswalk.

8.04.170 Explosives

"Explosives" means any chemical compound or mechanical mixture commonly used or intended for the purpose of producing an explosion, and which contains any oxidizing or combustible units or other ingredients such that an ignition by fire, friction, concussion, percussion or detonation of any part of the compound mixture may generate such highly heated gases that the resultant pressures are capable of damaging nearby objects or of destroying life or limb.

8.04.180 Farm Tractor

"Farm tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.

8.04.181 Farm Vehicle

"Farm vehicle" means any vehicle other than a farm tractor or farm implement which is designed and/or used primarily in agricultural pursuits on farms for the purpose of transporting machinery, equipment, implements, farm products, supplies and/or farm labor and is only incidentally operated on or moved along public roads for the purpose of going from one farm to another.

8.04.182 Farmer

"Farmer" means any person, firm, partnership or corporation engaged in farming. If a person, firm, partnership or corporation is engaged in activities in addition to farming, the definition only applies to that portion of the activity defined as farming.

8.04.183 Farming

"Farming" means the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (except forestry or forestry operations), the raising of livestock, bees, fur-bearing animals, or poultry, and any practices performed on a farm incident to or in conjunction with farming operations.

8.04.190 For Hire Vehicle

"For hire vehicle" means any motor vehicle used for the transportation of persons for compensation, except auto stages and ride-sharing vehicles.

8.04.194 Garbage Truck

"Garbage truck" means a truck specially designed and used exclusively for garbage or refuse operations.

8.04.200 Hours of Darkness

"Hours of darkness" means the hours from one-half hour after sunset to one-half hour before sunrise, and any other time when persons or objects may not be clearly seen from five hundred feet.

8.04.210 Flammable Liquid

"Flammable liquid" means any liquid which has a flash point of 70° Fahrenheit, or less.

8.04.220 Intersection Area

(1) "Intersection area" means the area included within the area in which vehicles traveling upon different roads joining at any angle may come in conflict.

(2) The junction of an alley with a street or road is not an intersection.

8.04.240 Intersection Control Area

"Intersection control area" means intersection area, together with any modification of the adjacent roadway area resulting from the arc of curb corners and any marked or unmarked crosswalks adjacent to the intersection.

8.04.260 Laned Road

"Laned road" means a road divided into clearly marked lanes for vehicular traffic.

8.04.270 Legal Owner

"Legal owner" means a person having a security interest in a vehicle according to applicable state or federal laws, or the registered owner of a vehicle without a security interest or the lessor of a vehicle without a security interest.

8.04.280 Local Authorities

"Local authorities" includes every Tribe, county, municipal, or other local public board or body having authority to adopt local police regulations.

8.04.290 Marked Crosswalk

"Marked crosswalk" means any portion of a roadway identified for pedestrian crossing by lines or other markings.

8.04.300 Metal Tire

"Metal tire" includes every tire, the bearing surface of which in contact with the road is wholly or partly of metal or other hard, nonresilient material.

8.04.302 Mobile Home, Manufactured Home

"Mobile home, manufactured home" means a structure, designed and constructed to be transportable in one or more sections, built on a permanent chassis, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, including plumbing, heating, and electrical systems. Manufactured home does not include a modular home. A structure which met the definition of a "manufactured home" at the time of manufacture is still considered to meet this definition even if it is no longer transportable.

8.04.304 Moped

"Moped" means a motorized device designed to travel with not more than three sixteen-inch or larger diameter wheels in contact with the ground, having fully operative pedals, and a motor that is capable of propelling the device at not more than thirty miles per hour on level ground. Any other vehicle properly licensed by an authorized state or federal authority may also be considered a moped.

8.04.305 Motor Homes

"Motor homes" means motor vehicles originally designed, reconstructed, or permanently altered to provide facilities for lodging and cooking or sewage disposal, and is enclosed within a solid body shell with the vehicle. A camper or like unit constructed separately and attached to a motor vehicle is not a motor home.

8.04.310 Motor Truck

"Motor truck" means any motor vehicle designed or used for the transportation of commodities, merchandise, produce, freight, or animals.

8.04.320 Motor Vehicle

"Motor vehicle" means every vehicle which is self-propelled.

8.04.330 Motorcycle

(a) "Motorcycle" means a motor vehicle designed to travel on not more than three wheels in contact with the ground, on which the driver rides astride the motor unit or power train and is designed to be steered with a handle bar. Farm tractors and mopeds are excluded.

(b) Any authorized state or federal agency may approve of and define as a "motorcycle" a vehicle that fails to meet these specific criteria.

8.04.340 Muffler

"Muffler" means a device consisting of a series of chambers, or other mechanical designs which receives exhaust gas from an internal combustion engine and is effective in reducing noise.

8.04.350 Multiple Lane Road

"Multiple lane road" means any road wide enough to reasonably accommodate two or more separate lanes of traffic in the same direction, each lane not less than the maximum legal vehicle width, whether or not the lanes are marked.

8.04.355 Municipal Transit Vehicle

"Municipal transit vehicle" includes every motor vehicle which:

(a) is capable of being moved upon a public road,

(b) is owned or operated by a city, county, county transportation authority, public transportation benefit area, or metropolitan municipal corporation, and

8.04.360 Nonresident

"Nonresident" means any person whose residence is outside the Skokomish Indian Reservation and who is temporarily sojourning within the Reservation.

8.04.370 Operator or Driver

"Operator or Driver" means every person who drives or is in actual physical control of a vehicle.

8.04.380 Owner

"Owner" means a person who has a lawful right of possession of a vehicle by reason of obtaining it by purchase, exchange, gift, lease, inheritance or legal action whether or not the vehicle is subject to a security interest. It means registered owner where the reference to owner may be construed as either to registered or legal owner.

8.04.381 Park or Parking

"Park or Parking" means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.

8.04.382 Passenger Car

"Passenger car" means every motor vehicle, except motorcycles, designed for carrying ten passengers or less and used for the transportation of persons.

8.04.391 Police Officer

"Police officer" means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

8.04.400 Pedestrian

"Pedestrian" means any person who is afoot or who is using a wheelchair or a means of conveyance propelled by human power other than a bicycle.

8.04.405 Person

"Person" includes every natural person, firm, copartnership, corporation, association, or organization.

8.04.408 Photograph, Picture, Negative

"Photograph, picture, negative" along with the terms "picture" and "negative," means a pictorial representation, whether produced through photographic or other means, including, but not limited to, digital data imaging.

8.04.410 Pneumatic tires

"Pneumatic tires" includes every tire of rubber or other resilient material designed to be inflated with compressed air to support the load.

8.04.414 Pole Trailer

"Pole trailer" means every vehicle without power, designed to be attached to a towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregular shaped loads capable of sustaining themselves as beams between the supporting connections.

8.04.416 Private Carrier Bus

"Private carrier bus" means every motor vehicle having a seating capacity for eleven or more people, used regularly to transport people for any organized agricultural, religious or charitable purpose. This term does not include buses operated by common carriers.

8.04.420 Private Road or Driveway

"Private road or driveway" includes every place in private ownership used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons.

8.04.460 Registered Owner

"Registered owner" means the person whose lawful right of possession of a vehicle has most recently been recorded with a licensing department.

8.04.465 Rental Car

(a) "Rental car" means a passenger car that is used solely by a rental car business for rental to others, without a driver provided by the rental car business, for periods of not more than thirty consecutive days.

(b) "Rental car" does not include:

(1) Vehicles rented or loaned to customers by automotive repair businesses while the customer's vehicle is under repair;

(2) Vehicles licensed and operated as taxicabs.

8.04.466 Rental Car Business

"Rental car business" means a person engaging in the business of renting rental cars.

8.04.467 Reservation

"Reservation" means the Skokomish Indian Nation's Reservation.

8.04.470 Residence District

"Residence district" means the area next to and including a public road not comprising a business district, when the property on the public road for a continuous distance of three hundred feet or more on either side is mostly improved with residences or residences and building in use for business.

8.04.480 Revoke

"Revoke," in all its forms, means the invalidation for a period of one calendar year and thereafter until reissued.

8.04.485 Road

"Road" means the entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular travel.

8.04.490 Road Tractor

"Road tractor" includes every motor vehicle designed and used primarily as a road building vehicle in drawing road building machinery and devices.

8.04.500 Roadway

"Roadway" means that portion of a road improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder even though the sidewalk or shoulder is used by persons riding bicycles.

8.04.510 Safety Zone

"Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is marked or indicated by painted marks, signs, buttons, standards, or otherwise.

8.04.521 School Bus

"School bus" means every motor vehicle used regularly to transport children to and from school or in connection with school activities.

8.04.530 Semitrailer

"Semitrailer" includes every vehicle without power designed and constructed so that an appreciable part of its weight and that of its load rests on and is carried by a towing vehicle, motor vehicle, or truck tractor.

8.04.540 Sidewalk

"Sidewalk" means that property between the curb lines or the edge of a roadway and the adjacent property, set aside and intended for the use of pedestrians or the portion of private property parallel and next to a public road and dedicated to use by pedestrians.

8.04.550 Solid Tire

"Solid tire" includes every tire of rubber or other resilient material which does not depend upon inflation with compressed air for the support of the load.

8.04.552 Special Mobile Equipment

"Special mobile equipment" means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a road, including but not limited to: road construction and maintenance machinery, tractors other than truck-tractors, ditchers, self-propelled cranes and earth moving equipment. It does not include house trailers, dump trucks, truck mounted transit mixers, cranes, shovels or other vehicles designed for the transportation of persons or property to which machinery has been attached.

8.04.555 Stand or Standing

"Stand or standing" means the stopping of a vehicle, occupied or not, other than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.

8.04.560 State Road

"State road" includes every road or part thereof, which has been designated as a state road by legislative enactment.

8.04.565 Stop

"Stop," when required, means complete cessation from movement.

8.04.566 Stop or Stopping

"Stop or stopping," when prohibited, means any halting even momentarily of a vehicle, occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.

8.04.580 Suspend

"Suspend" in all its forms and unless a different period is specified, means invalidation for any period less than one calendar year and thereafter until reinstatement.

8.04.582 Tandem Axle

"Tandem axle" means any two or more consecutive axles whose centers are less than seven feet apart.

8.04.585 Temporarily Sojourning

"Temporarily sojourning" includes any nonresident within this reservation for a period of not to exceed six months in any one year.

8.04.590 Traffic

"Traffic" includes pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together, while using any public roads for purposes of travel.

8.04.611 Traffic-Control Devices

"Traffic-control devices" means all signs, signals, markings and devices not inconsistent with this Chapter, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.

8.04.620 Trailer

"Trailer" includes every vehicle without power designed for being drawn by or used in conjunction with a motor vehicle constructed so that no appreciable part of its weight rests on or is carried by the motor vehicle.

8.04.621 Tribe

"Tribe" means the Skokomish Indian Tribe.

8.04.622 Park Trailer

"Park trailer" means a travel trailer designed to be used with temporary connections to utilities necessary for operation of installed fixtures and appliances. The trailer's gross area shall not exceed four hundred square feet when in the setup mode. "Park trailer" excludes a mobile home.

8.04.623 Travel trailer

"Travel trailer" means a trailer built on a single chassis, transportable upon the public roads, designed to be used as a temporary dwelling without a permanent foundation, and may be used without being connected to utilities.

8.04.650 Tractor

"Tractor" means every motor vehicle designed and used primarily for pulling other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so towed.

8.04.653 Truck

"Truck" means every motor vehicle designed, used, or maintained primarily for the transportation of property.

8.04.655 Truck Tractor

"Truck tractor" means every motor vehicle designed and used primarily for towing other vehicles but so constructed as to permit carrying a load in addition to part of the weight of the vehicle and load so towed.

8.04.660 Used Vehicle

"Used vehicle" means a vehicle which has been sold, bargained, exchanged, given away, or title transferred from the person who first took title to it from the manufacturer or first importer, dealer, or agent of the manufacturer or importer, and so used as to have become what is commonly known as "second-hand" within the ordinary meaning.

8.04.670 Vehicle

"Vehicle" includes every device capable of being moved upon a public road and in, upon, or by which any persons or property may be transported, including bicycles. The term does not include devices other than bicycles moved by human or animal power.

8.04.672 Vehicle or Pedestrian Right of Way

"Vehicle or pedestrian right of way" means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to be in danger of a collision unless one gives way to the other.

8.04.710 Wheelchair Conveyance

"Wheelchair conveyance" means any vehicle specially manufactured or designed for the transportation of a physically or medically impaired wheelchair-bound person. The vehicle may be a separate vehicle used in lieu of a wheelchair or a separate vehicle used for transporting the impaired person while occupying a wheelchair. The vehicle shall be equipped with a propulsion device capable of propelling the vehicle. The Chief of Police may approve and define as a wheelchair conveyance, a vehicle that fails to meet these specific criteria but is essentially similar in performance and application to vehicles that do meet these specific criteria.