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Skokomish Tribal Code

[Includes amendments through 2001.]

TITLE EIGHT -- CIVIL TRAFFIC ORDINANCE

Adopted by Resolution No. 95-80 (August 16, 1995)
Amended by Resolution No. 99-98 (November 4, 1999)

PURPOSE AND AUTHORITY

8.01.010 Purpose

The Skokomish Tribal Council establishes this ordinance relating to vehicles to ensure the economic security, health, and welfare of the Skokomish Tribe.

8.01.020 Authority

The Skokomish Department of Public Safety has full authority to enforce all chapters and sections within this title.

8.01.030 Forms

The Chief of Police shall prescribe and provide suitable forms as deemed necessary to carry out the provisions of this or any other Chapter the enforcement and administration of which are vested in the Public Safety Department.

DEFINITIONS

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

(c) is used for the purpose of carrying passengers and incidental baggage and freight on a regular schedule.

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.

GENERAL PROVISIONS

8.08.030 Uniformity of Application

The provisions of this Chapter relating to the operation of vehicles apply equally to all persons operating vehicles upon the public roads of this reservation, except as otherwise specifically provided.

8.08.190 Jurisdiction of Judges of Tribal Court

Every Tribal court judge designated by the Skokomish Tribal Council has jurisdiction for all violations of the provisions of this title and may impose any punishment provided for.

CERTIFICATES OF OWNERSHIP AND REGISTRATION

8.12.010 Certificates Required to Operate Vehicles

It is unlawful for any person to operate any vehicle on the Skokomish Reservation without having in effect a certificate of ownership that contains the name of the current registered owner. It is also unlawful for any person to sell or transfer any vehicle without complying with all the provisions of Chapter relating to certificates of ownership. Nothing in this title prevents any person from securing a certificate of ownership without obtaining a certificate of license registration and vehicle license plates, if the vehicle is not operated on a public road.

8.12.190 Legal Owner Not Liable for Acts of Registered Owner

The person, firm, copartnership, association or corporation to whom a certificate of ownership has been issued shall not incur liability or be responsible for damage resulting from any act or contract made by the registered owner or by any person acting for, by or under the authority of the registered owner.

8.12.220 Alteration or Forgery - Penalty

Any person who alters, forges, or causes to be altered or forged any certificate of title or registration, or any assignment thereof, or any release or notice of release of any encumbrance, or who holds or uses any certificate or assignment, or release or notice of release, knowing it to be altered or forged, is guilty of a Class B Criminal Offense.

8.12.310 Serial Numbers - Seizure and Impoundment of Vehicles, etc. - Notice to Interested Persons - Release to Owner, etc.

(a) Any vehicle, watercraft, camper, or any component part, from which the manufacturer's serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered, obliterated, or destroyed, may be impounded and held by the Skokomish Department of Public Safety for the purpose of conducting an investigation to determine the identity of the article or articles, and to determine whether it has been reported stolen.

(b) Within five days of the impounding of any vehicle, watercraft, camper, or component part thereof, the Department of Public Safety shall send written notice of the impoundment by certified mail to all persons known to the agency as claiming an interest in the article or articles. The notice shall advise the person of the seizure, the possible disposition of the article or articles, the requirement of filing a written claim requesting notification of potential disposition, and the right of the person to request a hearing to establish a claim of ownership. Within five days of receiving notice of other persons claiming an interest in the article or articles, the Department shall send a like notice to each.

(c) If reported as stolen, the Department shall promptly release the vehicle, watercraft, camper, or parts, to the person who is the lawful owner or the lawful successor in interest, upon receiving proof that the person presently owns or has a lawful right to the possession of the article or articles.

8.12.320 Serial Numbers - Disposition of Vehicles, etc., Authorized, When

Unless a claim of ownership to the article or articles is established according to 8.12.330, the Skokomish Department of Public Safety may dispose of the vehicle, watercraft, camper, or component part by destruction, by selling at public auction to the highest bidder, or by holding the article or articles for the official use of the Department, when:

(a) The true identity of the article or articles cannot be established by restoring the original manufacturer's serial number or other distinguishing numbers or identification marks or by any other means;

(b) After the true identity of the article or articles has been established, the Department cannot locate the person who is the lawful owner or if the lawful owner or his successor in interest fails to claim the article or articles within thirty (30) days after receiving notice from the Department that the article or articles is in its possession.

8.12.330 Serial Numbers - Hearing - Appeal - Removal to Court - Release

(a) Any person may submit a written request for a hearing to establish a claim of ownership or right to lawful possession of the vehicle, watercraft, camper, or component part seized pursuant to this section.

(b) Upon receipt of a request for hearing, one shall be held before the Tribal Court.

(c) The hearing shall be held within a reasonable time after receipt of a request. Reasonable investigative activities, including efforts to establish the identity of the article or articles and the identity of the person entitled to the lawful possession or custody of the article or articles, shall be considered in determining the reasonableness of the time within which a hearing must be held.

(d) The burden of producing evidence is on the person claiming to be the lawful owner or to have the lawful right of possession to the article or articles.

(e) The Department shall promptly release the article or articles to the claimant upon a determination by the Tribal Court that the claimant is the present lawful owner or is lawfully entitled to possession.

8.12.340 Serial Numbers-Release of Vehicle, etc.

The Department of Public Safety may release the article or articles impounded under this section without a hearing to the person claiming ownership when the Department is satisfied, after an appropriate investigation, about the claimant's right to lawful possession. Reasonable investigative activity, including efforts to establish the identity of the article or articles and the identity of the person entitled to lawful possession or custody of the article or articles shall be considered in determining the reasonableness of the time in which release must be made.

8.12.350 Assignment of New Serial Number

An identification number shall be assigned to any article impounded under 8.12.310 prior to:

(a) The release of the article; or

(b) The use of the article by the Department of Public Safety.

VEHICLE LICENSES

8.16.010 Licenses and Plates Required - Penalties - Exceptions

(a) It is unlawful for a person to operate any vehicle on a public road on the Skokomish Reservation without first obtaining and displaying vehicle license number plates properly registered to the vehicle and the current registered owner.

(a) Exceptions.

(1) These provisions do not apply to farm vehicle[s] if operated within a radius of fifteen miles of the farm where principally used or garaged and trailers used exclusively to transport farm implements from one farm to another during the daylight hours or at night when the equipment has lights that comply with the law.

(2) These provisions do not apply to equipment defined as follows:

"Special road construction equipment" which is designed and used primarily for grading of roads, paving of roads, earth moving, and other construction work on roads and which is only incidentally operated or moved over the road.

Exclusions.

"Special road construction equipment" does not include:

(A) Dump trucks originally designed to comply with legal size and weight provisions, operated on a public road;

(B) Trailers, truck-mounted transit mixers, cranes and shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.

8.16.011 Allowing Unauthorized Person to Drive - Penalty

It is unlawful for the registered owner of a vehicle to knowingly permit another person to drive the vehicle when the other person is not legally authorized to do so.

8.16.240 Attachment of Plates to Vehicles - Violations Enumerated

Vehicle license number plates shall be attached conspicuously at the front and rear of the vehicle for which they are issued in a way so they can be plainly seen and read at all times. If only one license number plate is legally issued for any vehicle the plate shall be conspicuously attached to the rear of the vehicle. Each vehicle license number plate shall be mounted horizontally not less than one foot nor more than four feet from the ground and shall be kept clean so as to be plainly seen and read at all times. If the body construction of the vehicle is such that compliance with this section is impossible, permission to deviate therefrom may be granted by the Chief of Police.

It is unlawful to display upon the front or rear of any vehicle, vehicle license number plate(s) not legally issued to the vehicle or plate(s) which have been in any manner changed, altered, disfigured or have become illegible.

License plate frames may not obscure identifying letters or numbers on the plates and the plates must be plainly seen and read at all times. It is unlawful to use any holders, frames, or any materials that in any manner change, alter, or make the vehicle license number plates illegible.

8.16.260 License Registration Certificate - Signature Required - Carried in Vehicle - Penalty - Inspection - Exception

A certificate of license registration must be signed and carried in the vehicle for which it is issued at all times. Any person in charge of a vehicle must, upon demand of any police officer, present the registration for inspection.

(a) Special parking privileges shall be granted to any person who has a disability that limits or impairs the ability to walk.

(b) Qualified people may have a removable windshield placard bearing the international symbol of access displayed when the vehicle is parked by hanging it on the rear view mirror, or on the dashboard of any vehicle used to transport the disabled person. Disabled persons may have special license plates bearing the international symbol of access instead of regular license plates. Authorized persons in a vehicle displaying the special license plates or placard may park in places reserved for mobility disabled persons.

(c) Any unauthorized use of the special placard or the special license plate is a violation.

(d) It is a violation to park a vehicle in a parking place provided on private property without charge or on public property reserved for physically disabled persons without a special license plate or placard. If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the special license plate or placard required under this section. The court may also impose an additional penalty sufficient to reimburse the Department of Public Safety for any costs it may have incurred in removal and storage of the improperly parked vehicle.

DRIVERS' LICENSE-IDENTICARDS

8.20.021 Driver's License Required - Penalty

(a) No person, except as expressly exempted by this Chapter, may drive any motor vehicle upon a road on the Skokomish Reservation unless the person has a valid driver's license. A violation of this subsection is a Class D Criminal Offense and is a lesser included offense within the offenses described in 8.20.420.

(b) Any person who operates a vehicle on a public road without having a valid driver's license in his immediate possession is guilty of a traffic infraction.

8.20.022 Unlicensed Drivers - Subject to All Provisions

Any person who operates a motor vehicle on the public roads without a driver's license or nonresident privilege to drive is subject to all the requirements of this Chapter the same as a person who is licensed.

8.20.025 Persons Exempt From Licensing Requirement

The following are exempt from licensing:

(a) Any person operating special road construction equipment;

(b) Any person while driving or operating any farm tractor or implement of husbandry which is only incidentally operated or moved over a road;

8.20.055 Instruction Permits and Temporary Licenses

(a) A valid driver's instruction permit allows a person, with the permit in immediate possession, to drive a motor vehicle upon the public roads when accompanied by a licensed driver with at least five years of driving experience and who is occupying a seat beside the driver.

(b) A motorcyclist's instruction permit allows the driver, with the permit in immediate possession, to drive a motorcycle upon the public roads while under the direct observation of a licensed driver with a valid motorcycle endorsement and five years of licensed motorcycle experience.

8.20.309 Driver Under Twenty-One - Alcohol in System - Implied Consent - Penalties

(a) A person under the age of twenty-one may not drive, operate, or be in physical control of a motor vehicle while having alcohol in his or her system in a concentration of 0.02 or above.

(b) A person under the age of twenty-one who drives or is in physical control of a motor vehicle on the Skokomish Reservation is deemed to have given consent to be detained long enough, and be transported if necessary, to take a test or tests of that person's blood or breath to determine the alcohol concentration in his or her system.

(c) A test or tests may be administered at the direction of a law enforcement officer, who after stopping or detaining the driver, has reasonable grounds to believe that the driver was driving or in actual physical control of a motor vehicle while having alcohol in his or her system.

(d) Violation of this section is a class D criminal offense.

8.20.338 Display or Possession of Canceled, Revoked, Suspended License or Identicard

It is a violation for any person to display or cause or permit to be displayed or have in his or her possession any canceled, revoked, or suspended driver's license or identicard.

8.20.343 Unlawful to Allow Unauthorized Minor Child or Ward to Drive

No person may allow a child under the age of eighteen years to drive a motor vehicle upon any road when the minor is not legally authorized, or in violation of any of the provisions of this Chapter.

8.20.344 Unlawful to Allow Unauthorized Person to Drive

No person shall authorize and knowingly permit a motor vehicle owned by him or under his control to be driven upon any road by a person who is not legally authorized, or in violation of any of the provisions of this Chapter.

8.20.394 Occupational Driver's License

An occupational driver's license is accompanied by a form describing the type of occupation permitted and setting forth in detail the specific hours of the day during which the person may drive to and from his place of work, the days of the week during which the license may be used, and the general routes over which the person may travel. This form shall be carried in the vehicle at all times and presented to a law enforcement officer under the same terms as the driver's license.

8.20.420 Operation of Motor Vehicle Under Other License or Permit Prohibited while License Is Suspended or Revoked - Penalty

Any resident or nonresident whose driver's license or right or privilege to operate a motor vehicle has been suspended or revoked by the Skokomish Tribal Court or Washington State shall not operate a motor vehicle under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during the suspension or after the revocation until a new license is obtained. A person who violates the provisions of this section is guilty of a Class D Criminal offense.

8.20.430 Stopping Vehicle Registered to Suspended or Revoked Driver - Display of License

Any police officer who has received notice of the suspension or revocation of a driver's license may, during the reported period of the suspension or revocation, stop any motor vehicle registered to the person whose driver's license has been suspended or revoked. The driver of the vehicle shall display his driver's license upon request of the police officer.

(a) Upon determining that a person is operating a motor vehicle without a valid driver's license or with a license that has been expired for ninety days or more, or with a suspended or revoked license, a law enforcement officer may immediately impound the vehicle the person is operating.

(b) If the driver of the vehicle is the owner of the vehicle, the officer shall not release the vehicle until the owner of the vehicle:

(1) Pays any penalties, fines, or forfeitures owed by the person when the vehicle was impounded; and

(2) Pays the reasonable costs of the impoundment and storage.

(c) If the driver of the vehicle is not the owner of the vehicle, the driver is responsible for any penalties, fines, or forfeitures owed or due and for the costs of impoundment and storage. The vehicle shall be released to the owner immediately upon proof of ownership.

(d) A certified transcript or abstract of the driving record of the driver, as maintained by the Washington Department of Licensing, is admissible in evidence in any hearing and is prima facie evidence of the status of the driving privilege of the person at the time of the impoundment and whether there were penalties, fines, or forfeitures due and owing by the person named in it at the time the impoundment occurred.

8.20.500 Motorcycle Endorsement - Moped Exception

(a) No person may drive a motorcycle or a motor-driven cycle unless the person has a valid driver's license specially endorsed to drive the vehicle. A person shall not drive a motorcycle of a larger engine displacement than that authorized by a special endorsement or by an instruction permit.

(b) Any person sixteen years of age or older, holding a valid driver's license of any class issued by the state of the person's residence, may operate a moped without taking any special examination for the operation of a moped.

8.20.550 Wheelchair Conveyances

Each operator of a wheelchair conveyance shall have an operator's license which may specify the route, area, time, or other restrictions necessary to ensure the safety of the operator as well as the general motoring public.

MANDATORY LIABILITY INSURANCE

8.30.010 Intent

Operating a motor vehicle upon the highways of the Skokomish Indian Reservation is a privilege granted by the Tribe. The Tribal Council recognizes the threat that uninsured drivers are to the people of the Tribe and to the public at large. In order to alleviate the threat posed by uninsured drivers it is the intent of the Tribal Council to require that all persons driving vehicles on the Skokomish Reservation satisfy the financial responsibility requirements of this Chapter. It is not the intent of the Council to modify, amend, or invalidate existing insurance contract terms, conditions, limitations, or exclusions or to preclude insurance companies from using similar terms, conditions, limitations, or exclusions in future contracts.

8.30.020 Liability Insurance or Other Financial Responsibility Required

8.30.030 Providing False Evidence of Financial Responsibility

Any person who knowingly provides false evidence of financial responsibility to a law enforcement officer or to a court, including an expired or canceled insurance policy, bond, or certificate of deposit is guilty of a traffic infraction.

VEHICLE LIGHTING AND OTHER EQUIPMENT

8.37.010 Scope and Effect of Regulations - General Penalty

(a) It is a traffic infraction for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with the lamps and other equipment in proper condition and adjustment as required in this Chapter or in regulations issued by the Chief of Police of the Skokomish Tribe, or which is equipped in any manner in violation of this Chapter or the Chief of Police's regulations, or for any person to do any act forbidden or fail to perform any act required under this Chapter or the Chief of Police's regulations.

(b) Nothing contained in this Chapter or the Chief of Police's regulations shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this Chapter or the Chief of Police's regulations.

(c) The provisions of this Chapter and the Chief of Police's regulations with respect to equipment on vehicles do not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as made applicable.

(d) No owner or operator of a farm tractor, self-propelled unit of farm equipment, or implement of husbandry is guilty of a crime or subject to penalty for violation of 8.37.160 unless the violation occurs on a public highway.

(e) The provisions of this Chapter with respect to equipment required on vehicles shall not apply to motorcycles or motor-driven cycles except as specifically made applicable.

(f) Whenever a traffic infraction is chargeable to the owner or lessee of a vehicle under subsection (a) of this section, the driver shall not be arrested or issued a notice of traffic infraction unless the vehicle is registered in a jurisdiction other than Washington state, or unless the infraction is for an offense that is clearly within the responsibility of the driver.

(g) Whenever the owner or lessee is issued a notice of traffic infraction under this section the court may, on the request of the owner or lessee, take appropriate steps to make the driver of the vehicle, or any other person who directs the loading, maintenance, or operation of the vehicle, a codefendant. If the codefendant is held solely responsible and is found to have committed the traffic infraction, the court may dismiss the notice against the owner or lessee.

8.37.020 When Lighted Lamps and Signaling Devices Are Required

Every vehicle upon a highway at any time from a half hour after sunset to a half hour before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of one thousand feet ahead shall display lighted head lights, other lights, and illuminating devices as required for different classes of vehicles, subject to exceptions with respect to parked vehicles. The stop lights, turn signals, and other signaling devices shall be lighted as prescribed for the use of the devices.

8.37.030 Visibility Distance and Mounted Height of Lamps

(a) Whenever a requirement is declared as to distance from which certain lamps and devices shall render objects visible or within which the lamps or devices shall be visible, these provisions shall apply during the times that lights are required in respect to a vehicle without load, on a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.

(b) The mounted height of lamps or devices means from the center of the lamp or device to the level ground when the vehicle is without a load.

(c) No additional lamp, reflective device, or other motor vehicle equipment shall be added which impairs the effectiveness of this standard.

8.37.040 Head Lamps on Motor Vehicles

(a) Every motor vehicle shall be equipped with at least two head lamps, with at least one on each side of the front of the motor vehicle, which comply with the requirements and limitations in this chapter.

(b) Every head lamp upon every motor vehicle shall be located at a height of not more than fifty-four inches nor less than twenty-four inches.

8.37.050 Tail Lamps

(a) Every motor vehicle, trailer, semitrailer, pole trailer, and any other vehicle being drawn at the end of a combination of vehicles, shall be equipped with at least two tail lamps mounted on the rear, which, when lighted during the time that lights are required, shall emit a red light plainly visible from a distance of one thousand feet to the rear, except that passenger cars manufactured or assembled prior to January 1, 1939, shall have at least one tail lamp. On a combination of vehicles only the tail lamps on the rearmost vehicle need actually be seen from the distance specified. On vehicles equipped with more than one tail lamp, the lamps shall be mounted on the same level and as widely spaced laterally as practicable.

(b) Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two inches nor less than fifteen inches.

(c) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear. Any tail lamp or tail lamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be lighted whenever the head lamps or auxiliary driving lamps are lighted.

8.37.060 Reflectors

(a) Every motor vehicle, trailer, semitrailer, and pole trailer shall carry on the rear, either as a part of the tail lamps or separately, two or more red reflectors.

(b) Every reflector shall be mounted on the vehicle at a height not less than fifteen inches nor more than seventy-two inches, and shall be of a size and characteristics and so mounted as to be visible at night from all distances within six hundred feet to one hundred feet from the vehicle when directly in front of lawful upper beams of head lamps, except that reflectors on vehicles manufactured or assembled prior to January 1, 1970, shall be visible at night from all distances within three hundred and fifty feet to one hundred feet when directly in front of lawful upper beams of head lamps.

8.37.070 Stop Lamps and Turn Signals Required

(a) Every motor vehicle, trailer, semitrailer, and pole trailer shall be equipped with two or more stop lamps, except that passenger cars manufactured or assembled prior to January 1, 1964, shall be equipped with at least one stop lamp. On a combination of vehicles, only the stop lamps on the rearmost vehicle need actually be seen from the distance required.

(b) Every motor vehicle, trailer, semitrailer and pole trailer shall be equipped with electric turn signal lamps, except that passenger cars, trailers, semitrailers, pole trailers, and trucks less than eighty inches in width, manufactured or assembled prior to January 1, 1953, need not be equipped with electric turn signal lamps.

8.37.080 Application of Succeeding Sections

The sections which immediately follow, relating to clearance lamps, marker lamps, and reflectors, apply as stated to vehicles of the types specified, namely buses, trucks, truck tractors, and trailers, semitrailers, and pole trailers, respectively, when operated upon any highway, and these vehicles shall be equipped as required and all required lamp equipment shall be lighted during the time that lights are required. For purposes of these sections, a camper, when mounted upon a motor vehicle, shall be considered part of the permanent structure of that motor vehicle.

8.37.090 Additional Equipment Required on Certain Vehicles

In addition to other equipment required, the following vehicles shall be equipped as follows:

(a) Buses, Trucks, Motor Homes, and Motor Vehicles with Mounted Campers Eighty Inches or More in Over-All Width.

(1) On the front, two clearance lamps, one at each side, and on vehicles manufactured or assembled after January 1, 1964, three identification lamps meeting the specifications of subsection (g) of this section;

(2) On the rear, two clearance lamps, one at each side, and after January 1, 1964, three identification lamps meeting the specifications of subsection (g) of this section;

(3) On each side, two side marker lamps, one at or near the front and one at or near the rear;

(4) On each side, two reflectors, one at or near the front and one at or near the rear.

(b) Trailers and Semitrailers Eighty Inches or More in Over-all Width.

(1) On the front, two clearance lamps, one at each side;

(2) On the rear, two clearance lamps, one at each side, and after January 1, 1964, three identification lamps meeting the specifications of subsection (g) of this section;

(3) On each side, two side marker lamps, one at or near the front and one at or near the rear;

(4) On each side, two reflectors, one at or near the front and one at or near the rear. A mobile home need not be equipped with side marker lamps or reflectors while operated under the terms of a special permit.

(c) Truck Tractors.

On the front, two cab clearance lamps, one at each side, and on vehicles manufactured or assembled after January 1, 1964, three identification lamps meeting the specifications of subsection (g) of this section.

(d) Trailers, Semitrailers, and Pole Trailers Thirty Feet or More in Over-all Length.

On each side, one amber side marker lamp and one amber reflector, centrally located with respect to the length of the vehicle. A mobile home need not be equipped with side marker lamps or reflectors while operated under the terms of a special permit.

(e) Pole Trailers.

(1) On each side, one amber side marker lamp at or near the front of the load;

(2) One amber reflector at or near the front of the load;

(3) On the rearmost support for the load, one combination marker lamp showing amber to the front and red to the rear and side, mounted to indicate maximum width of the pole trailer.

(f) Boat Trailers Eighty Inches or More in Overall Width.

(1) One on each side, at or near the midpoint, one clearance lamp performing the function of both a front and rear clearance lamp;

(2) On the rear, after June 1, 1978, three identification lamps meeting the specifications of subsection (g) of this section;

(3) One on each side, two side marker lamps, one at or near the front and one at or near the rear;

(4) On each side, two reflectors, one at or near the front and one at or near the rear.

(g) Identification lamps required or permitted by this chapter shall be grouped in a horizontal row, with lamp centers spaced not less than six nor more than twelve inches apart, and mounted on the permanent structure of the vehicle as close as practicable to the vertical centerline. When the cab of a vehicle is not more than forty-two inches wide at the front roof line, a single identification lamp at the center of the cab complies with the requirements for front identification lamps.

8.37.100 Color of Clearance Lamps, Side Marker Lamps, Back-Up Lamps, and Reflectors

(a) Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color.

(b) Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color.

(c) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop lamp or other signal device, which may be red, amber, or yellow, and except that on any vehicle forty or more years old, the taillight may also contain a blue or purple insert of not more than one inch in diameter, and except that the light illuminating the license plate shall be white and the light emitted by a back-up lamp shall be white or amber.

8.37.110 Mounting of Reflectors, Clearance Lamps, Identification Lamps, and Side Marker Lamps

(a) Required reflectors shall be mounted at a height not less than twenty-four inches and not higher than sixty inches, except that if the highest part of the permanent structure of the vehicle is less than twenty-four inches the reflector at that point shall be mounted as high as the permanent structure will permit. The rear reflectors on a pole trailer may be mounted on each side of the bolster or load. Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but the reflector shall meet all the other reflector requirements of this chapter.

(b) Clearance lamps shall be mounted on the permanent structure of the vehicle so as to indicate the extreme height and width of the vehicle. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required by both. No rear clearance lamp may be combined in any shell or housing with any tail lamp or identification lamp.

8.37.120 Visibility of Reflectors, Clearance Lamps, Identification Lamps, and Side Marker Lamps

(a) Every required reflector on any vehicle shall be of a size and characteristics and maintained so as to be readily visible at nighttime from all distances within six hundred feet to one hundred feet from the vehicle when directly in front of lawful lower beams of head lamps, except that the visibility for reflectors on vehicles manufactured or assembled prior to January 1, 1970, shall be measured in front of the lawful upper beams of headlamps.

(b) Front and rear clearance lamps and identification lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at all distances between five hundred feet and fifty feet from the front and rear, respectively, of the vehicle.

(c) Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required at all distances between five hundred feet and fifty feet from the side of the vehicle.

8.37.130 Obstructed Lights Not Required

Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except tail lamps) need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination. This does not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination be lighted.

8.37.140 Lamps, Reflectors, and Flags on Projecting Load

(a) When the load on any vehicle extends four feet or more beyond the rear of the bed or body of the vehicle during the time that lights are required, two red lamps, visible from a distance of at least five hundred feet to the rear; two red reflectors, visible at night from all distances within six hundred feet to one hundred feet to the rear when directly in front of lawful lower beams of headlamps and located so as to indicate maximum width; and, on each side, one red lamp, visible from a distance of at least five hundred feet to the side, located so as to indicate maximum overhang, shall be displayed at the extreme rear end of the load.

(b) At all other times, any vehicle having a load which extends beyond its sides or more than four feet beyond its rear, shall display red flags, not less than twelve inches square, marking the extremities of the loads at each point where a lamp would otherwise be required by this section when lights are required.

8.37.150 Lamps on Vehicles - Parked or Stopped Vehicles, Lighting Requirements

(a) Every parked or stopped vehicle shall be equipped with one or more lamps which, when lighted, shall display a white or amber light visible from a distance of one thousand feet to the front, and a red light visible from a distance of one thousand feet to the rear of the vehicle. The location of the lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic.

(b) Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise and there is sufficient light to reveal any person or object within a distance of one thousand feet upon the street or highway, no lights need be displayed on the parked vehicle.

(c) Whenever a vehicle is parked or stopped on a roadway or shoulder, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and there is insufficient light to reveal any person or object within a distance of one thousand feet upon the highway, the vehicle shall be equipped with and shall display lamps meeting the requirements of subsection (a) of this section.

(d) Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.

8.37.160 Hazard Warning Lights and Reflectors on Farm Equipment - Slow-Moving Vehicle Emblem

(a) Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry manufactured or assembled after January 1, 1970, shall be equipped with vehicular hazard warning lights of the type described in 8.37.215 visible from a distance of not less than one thousand feet to the front and rear in normal sunlight, which shall be displayed whenever any vehicle is operated upon a highway.

(b) Every self-propelled unit of farm equipment or implement of husbandry manufactured or assembled after January 1, 1970, shall at all times, and every other motor vehicle shall during the time that lights are required, be equipped with lamps and reflectors as follows:

(1) At least two headlamps;

(2) At least one red lamp visible when lighted from a distance of not less than one thousand feet to the rear mounted as far to the left of center of the vehicle as practicable;

(3) At least two red reflectors visible from all distances within six hundred to one hundred feet to the rear when directly in front of lawful lower beams of headlamps.

(c) Every combination of farm tractor and towed farm equipment or towed implement of husbandry shall, during the time that lights are required, be equipped with lamps and reflectors as follows:

(1) The farm tractor element of every combination shall be equipped as required in subsections (a) and (b) of this section;

(2) The towed unit of farm equipment or implement of husbandry element of the combination shall be equipped on the rear with two red lamps visible when lighted from a distance of not less than one thousand feet to the rear, and two red reflectors visible from all distances within six hundred feet to one hundred feet to the rear when directly in front of lawful upper beams of head lamps. One reflector shall be so positioned to indicate, as nearly as practicable, the extreme left projection of the towed unit;

(3) If the towed unit or its load obscures either of the vehicle hazard warning lights on the tractor, the towed unit shall be equipped with vehicle hazard warning lights described in subsection (a) of this section.

(d) The two red lamps and the two red reflectors required in the foregoing subsections of this section on a self-propelled unit of farm equipment or implement of husbandry or combination of farm tractor and towed farm equipment shall be so positioned as to show from the rear as nearly as practicable the extreme width of the vehicle or combination carrying them. If all other requirements are met, reflective tape or paint may be used in lieu of reflectors required by subsection (c) of this section.

(e) After January 1, 1970, every farm tractor and every self-propelled unit of farm equipment or implement of husbandry designed for operation at speeds not in excess of twenty-five miles per hour shall at all times be equipped with a slow moving vehicle emblem mounted on the rear except as provided in subsection (f) of this section.

(f) After January 1, 1970, every combination of farm tractor and towed farm equipment or towed implement of husbandry normally operating at speeds not in excess of twenty-five miles per hour shall at all times be equipped with a slow moving vehicle emblem as follows:

(1) Where the towed unit is sufficiently large to obscure the slow moving vehicle emblem on the farm tractor, the towed unit shall be equipped with a slow moving vehicle emblem. In these cases the towing vehicle need not display the emblem;

(2) Where the slow moving vehicle emblem on the farm tractor unit is not obscured in any way by the towed unit or its cargo, then either or both may be equipped with the required emblem but it shall be sufficient if either has it.

(g) The emblem required by subsections (e) and (f) of this section shall comply with current standards and specifications.

8.37.170 Lamps and Reflectors on Other Vehicles and Equipment - Slow-Moving Vehicle Emblem on Animal-Drawn Vehicles

(a) Every vehicle, including animal-drawn vehicles and vehicles referred to in 8.37.010(c), not specifically required by the provisions of 8.37.020 through 8.37.330 to be equipped with lamps or other lighting devices, shall, during the time that lights are required, be equipped with at least one lamp displaying a white light visible from a distance of not less than one thousand feet to the front, and shall also be equipped with two lamps displaying red light visible from a distance of not less than one thousand feet to the rear of the vehicle, or as an alternative, one lamp displaying a red light visible from a distance of not less than one thousand feet to the rear and two red reflectors visible from all distances of six hundred to one hundred feet to the rear when illuminated by the lawful lower beams of head lamps.

(b) Every animal-drawn vehicle shall at all times be equipped with a slow-moving vehicle emblem.

8.37.180 Spot Lamps and Auxiliary Lamps

(a) Spot Lamps.

Any motor vehicle may be equipped with not to exceed two spot lamps and every lighted spot lamp shall be so aimed and used that no part of the high intensity portion of the beam will strike the windshield, or any windows, mirror, or occupant of another vehicle in use.

(b) Fog Lamps.

Any motor vehicle may be equipped with not to exceed two fog lamps mounted on the front at a height of not less than twelve inches nor more than thirty inches and so aimed that when the vehicle is not loaded none of the high intensity portion of the light shall project to the left of the center of the vehicle at a distance of twenty-five feet ahead higher than a level of four inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above requirements may be used with lower head lamp beams.

(c) Auxiliary Passing Lamps.

Any motor vehicle may be equipped with not to exceed two auxiliary passing lamps mounted on the front at a height not less than twenty-four inches nor more than forty-two inches.

(d) Auxiliary Driving Lamps.

Any motor vehicle may be equipped with not to exceed two auxiliary driving lamps mounted on the front at a height not less than sixteen inches nor more than forty-two inches.

8.37.184 Red Flashing Lights on Fire Department Vehicles

All fire department vehicles in service may be identified by red lights of an intermittent flashing type, visible from both front and rear for a distance of five hundred feet under normal atmospheric conditions. The red flashing lights shall be well separated from the headlights so that they will not black out when headlights are on. The red flashing lights shall be in operation at all times when the vehicle is on emergency status.

8.37.185 Firemen's Private Cars

(a) Firemen, when approved by the chief of their respective service, are authorized to use a green light on the front of their private cars when on emergency duty only. The green light shall be visible for a distance of two hundred feet under normal atmospheric conditions. The use of the green light is only for the purpose of identification, and the operator of a vehicle so equipped is be entitled to any of the privileges provided the operators of authorized emergency vehicles.

(b) Any sign or plate indicating fire department connection on a private car of any member of a fire department shall include the name of the municipality or fire department organization to which the owner belongs.

(c) No private vehicle bearing a sign or plate indicating a fire department connection, shall be driven or operated on any public highway, except when the owner is a bona fide member of a fire department.

(d) Any individual displaying a green light, or a sign or plate, shall also carry attached to a convenient location on the private vehicle to which the green light or sign or plate is attached, an identification card showing the name of the owner of the vehicle, the organization to which he or she belongs and bearing the signature of the chief of the service involved.

8.37.190 Warning Devices on Vehicles - Other Drivers Yield and Stop

(a) Every authorized emergency vehicle shall, in addition to any other equipment and distinctive marking required by this chapter, be equipped with at least one lamp capable of displaying a red light visible from at least five hundred feet in normal sunlight and a siren capable of giving an audible signal.

(b) Every school bus and private carrier bus shall, in addition to any other equipment and distinctive markings required by this chapter, be equipped with a "stop" signal upon a background not less than fourteen by eighteen inches displaying the word "stop" in letters of distinctly contrasting colors not less than eight inches high, and shall further be equipped with signal lamps mounted as high and as widely spaced laterally as practicable, which shall be capable of displaying to the front two alternately flashing red lights located at the same level and to the rear two alternately flashing red lights located at the same level and these lights shall have sufficient intensity to be visible at five hundred feet in normal sunlight.

(c) Vehicles operated by public agencies whose law enforcement duties include the authority to stop and detain motor vehicles on the public highways may be equipped with a siren and either red or blue lights of a type designated for that purpose.

(d) The lights described in this section shall not be mounted nor used on any vehicle other than a school bus, a private carrier bus, or an authorized emergency or law enforcement vehicle. Optical strobe light devices shall not be installed or used on any vehicle other than an emergency vehicle authorized by the Chief of Police.

(e) The use of the signal equipment described herein, used in conjunction with emergency equipment, shall impose upon drivers of other vehicles the obligation to yield right of way and stop.

8.37.193 Signs on Buses

Every school bus and private carrier bus, in addition to any other equipment or distinctive markings required by this chapter, shall bear upon the front and rear, above the windows, plainly visible signs containing only the words "school bus" on a school bus and only the words "private carrier bus" on a private carrier bus, in letters not less than eight inches in height.

8.37.196 Red Lights on Emergency Tow Trucks

All emergency tow trucks shall be identified by an intermittent or revolving red light capable of 360° visibility at a distance of five hundred feet under normal atmospheric conditions. This intermittent or revolving red light shall be used only at the scene of an emergency or accident, and it is unlawful to use the light while traveling to or from an emergency or accident, or for any other purposes.

8.37.200 Stop Lamps and Electric Turn Signals

(a) Any vehicle may be equipped and when required under this chapter shall be equipped with a stop lamp or lamps on the rear of the vehicle which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred feet and on any vehicle manufactured or assembled after January 1, 1964, three hundred feet to the rear in normal sunlight, and which shall be actuated upon application of a service brake, and which may but need not be incorporated with one or more other rear lamps.

(b) Any vehicle may be equipped and when required, shall be equipped, with electric turn signals mounted on the same level and as widely spaced laterally as practicable, which indicate an intention to turn by flashing lights showing to the front and rear of a vehicle or on a combination of vehicles on the side of the vehicle or combination toward which the turn is to be made. The lamps showing to the front shall, when signaling, emit amber light. On any vehicle manufactured prior to January 1, 1969, the lamps showing to the front may emit white or amber light, or any shade of light between white and amber. The lamp showing to the rear shall, when signaling, emit a red or amber light, or any shade of color between red and amber. Turn signal lamps shall be visible from a distance of not less than five hundred feet to the front and rear in normal sunlight. Turn signal lamps may, but need not, be incorporated in other lamps on the vehicle.

8.37.210 Additional Lighting Equipment

(a) Any motor vehicle may be equipped with:

(1) Not more than two side cowl or fender lamps which shall emit an amber or white light without glare.

(2) Not more than one running-board courtesy lamp on each side which shall emit a white or amber light without glare.

(3) One or more back-up lamps either separately or in combination with other lamps, but any back-up lamp or lamps shall not be lighted when the motor vehicle is in forward motion.

(4) One or more side marker lamps, and any such lamp may be flashed in conjunction with turn or vehicular hazard warning signals. Side marker lamps located toward the front of a vehicle shall be amber, and side marker lamps located toward the rear shall be red.

(b) Any vehicle eighty inches or more in over-all width, if not otherwise required, may be equipped with not more than three identification lamps showing to the front which shall emit an amber light without glare and not more than three identification lamps showing to the rear which shall emit a red light without glare.

8.37.215 Hazard Warning Lamps

(a) Any vehicle may be equipped with lamps for the purpose of warning operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking, or passing.

(b) After June 1, 1978, every motor home, bus, truck, truck tractor, trailer, semitrailer, or pole trailer eighty inches or more in overall width or thirty feet or more in overall length shall be equipped with lamps meeting the requirements of this section.

(c) Vehicular hazard warning signal lamps used to display the warning to the front shall be mounted at the same level and as widely spaced laterally as practicable, and shall display simultaneously flashing white or amber lights. On any vehicle manufactured prior to January 1, 1969, the lamps showing to the front may display simultaneously flashing white or amber lights, or any shade of color between white and amber. The lamps used to display the warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color between amber and red. These warning lights shall be visible from a distance of not less than five hundred feet in normal sunlight.

8.37.220 Multiple-Beam Road-Lighting Equipment

Except as provided, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles shall be so arranged that the driver may select at will between distributions of light projected to different elevations, and the lamps may be arranged so the selection can be made automatically subject to the following limitations:

(a) There shall be an upper distribution of light so aimed and of such intensity as to reveal persons and vehicles at a distance of four hundred fifty feet ahead for all conditions of loading;

(b) There shall be a lower distribution of light so aimed and of sufficient intensity to reveal persons and vehicles at a distance of one hundred fifty feet ahead; and on a straight level road under any conditions of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver;

(c) Every motor vehicle which has multiple-beam road-lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the upper distribution of light from the head lamps is in use, and shall not otherwise be lighted. This indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.

8.37.230 Use of Multiple-Beam Road-Lighting Equipment

(a) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the time that lights are required, the driver shall use a distribution of light directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:

(b) Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred feet, the driver shall use a distribution of light aimed so that the glaring rays are not projected into the eyes of the oncoming driver. The lower distribution of light shall be deemed to avoid glare at all times, regardless of road contour and loading.

(c) Whenever the driver of a vehicle approaches another vehicle from the rear within three hundred feet the driver shall use a distribution of light permissible under this chapter other than the upper distribution of light.

8.37.240 Single-Beam Road-Lighting Equipment

Head lamp systems which provide only a single distribution of light are permitted on all farm tractors regardless of date of manufacture, and on all other motor vehicles manufactured and sold prior to one year after March 18, 1955, in lieu of multiple-beam road-lighting equipment if the single distribution of light complies with the following requirements and limitations:

(a) The head lamps shall be aimed so that when the vehicle is not loaded none of the high intensity portion of the light shall at a distance of twenty-five feet ahead project higher than a level of five inches below the level of the center of the lamp from which it comes, and in no case higher than forty-two inches above the level on which the vehicle stands at a distance of seventy-five feet ahead;

(b) The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred feet.

8.37.260 Alternate Road Lighting Equipment

Any motor vehicle may be operated during the time that lights are required when equipped with two lighted lamps upon the front capable of revealing persons and objects one hundred feet ahead in lieu of lamps required in 8.37.220 or 8.37.240. At no time shall it be operated at a speed in excess of twenty miles per hour.

8.37.270 Number of Lamps Required - Number of Additional Lamps Permitted

(a) During the time that lights are required, at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle, except when the vehicle is parked subject to the regulations governing lights on parked vehicles.

(b) Whenever a motor vehicle equipped with head lamps as herein required is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of intensity greater than three hundred candlepower, not more than a total of two of any such additional lamps on the front of a vehicle shall be lighted at any one time when upon a highway.

8.37.280 Special Restrictions on Lamps

(a) During the times lights are required, any lighted lamp or illuminating device upon a motor vehicle, other than head lamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps, warning lamps authorized by the Chief of Police, and school bus warning lamps, which projects a beam of light of an intensity greater than three hundred candlepower shall be so directed that no part of the high intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle.

(b) Except as required by this Ordinance, no person shall drive or move any vehicle or equipment upon any highway with any lamp or device displaying a red light visible from directly in front of the center of the vehicle.

(c) Flashing lights are prohibited except those required by this Ordinance.

8.37.310 Selling or Using Lamps or Equipment

(a) No person may have for sale, sell, or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, or semitrailer, or use upon any such vehicle any head lamp, auxiliary or fog lamp, rear lamp, signal lamp, or reflector, which reflector is required under this chapter, or parts of any of the foregoing which tend to change the original performance.

(b) No person may have for sale, sell, or offer for sale for use upon or as a part of the equipment of a motor vehicle, trailer, or semitrailer any lamp or device mentioned in this section unless the lamp or device bears the trademark or name so as to be legible when installed.

(c) No person may use upon any motor vehicle, trailer, or semitrailer any lamps mentioned in this section unless the lamps are mounted, adjusted, and aimed in accordance with this Ordinance.

8.37.340 Braking Equipment Required

Every motor vehicle, trailer, semitrailer, and pole trailer, and any combination of such vehicles operating upon a highway within this state shall be equipped with brakes in compliance with the requirements of this chapter .

(a) Service Brakes - Adequacy.

Every vehicle and combination of vehicles, except special mobile equipment as defined in 8.04.552, shall be equipped with service brakes adequate to control the movement of and to stop and hold the vehicle under all conditions of loading, and on any grade incident to its operation.

(b) Parking Brakes - Adequacy.

Every vehicle and combination of vehicles shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice, or loose material.

8.37.360 Maintenance of Brakes - Brake System Failure Indicator

(a) All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the front and back wheels and to wheels on opposite sides of the vehicle.

(b) All passenger cars manufactured on or after January 1, 1968, and other types of vehicles manufactured on or after September 1, 1975, shall be equipped with brake system failure indicator lamps which shall be maintained in good working order. The brake system shall demonstrate good working order and integrity by the application of a force of one hundred twenty-five pounds to the brake pedal for ten seconds without the occurrence of any of the following:

(1) Illumination of the brake system failure indicator lamp;

(2) A decrease of more than eighty percent of service brake pedal height as measured from its free position to the floorboard or any other object which restricts service brake pedal travel;

(3) Failure of any hydraulic line or other part.

(c) Brake hoses shall not be mounted so as to contact the vehicle body or chassis. In addition, brake hoses shall not be cracked, chafed, flattened, abraded, or visibly leaking. Protection devices such as "rub rings" shall not be considered part of the hose or tubing.

8.37.369 Wheels and Front Suspension

(a) No vehicle shall be equipped with wheel nuts, hub caps, or wheel discs extending outside the body of the vehicle when viewed from directly above which:

(1) Incorporate winged projections; or

(2) Constitute a hazard to pedestrians and cyclists.

For the purposes of this section, a wheel nut is defined as an exposed nut which is mounted at the center or hub of a wheel, and is not one of the ordinary hexagonal nuts which secure a wheel to an axle and are normally covered by a hub cap or wheel disc.

(b) Tire rims and wheel discs shall have no visible cracks, elongated bolt holes, or indications of repair by welding. In addition, the lateral and radial runout of each rim bead area shall not exceed one-eighth of an inch of total indicated runout.

(c) King pins or ball joints shall not be worn to the extent that front wheels tip in or out more than one-quarter of an inch at the lower edge of the tire.

8.37.375 Steering and Suspension Systems

(a) Construction of Steering Control System.

The steering control system shall be constructed and maintained so that no components or attachments, including horn activating mechanism and trim hardware, can catch the driver's clothing or jewelry during normal driving maneuvers.

(b) Maintenance of Steering Control System.

System play, lash, or free play in the steering system shall not exceed the values tabulated herein.

Steering wheel diameter (inches)	Lash (inches)
16 or less . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	2
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	2 1/4
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	2 1/2
22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	2 3/4

 

(c) Linkage Play.

Free play in the steering linkage shall not exceed one-quarter of an inch.

(d) Other Components.

Other components of the steering system such as the power steering belt, tie rods, or idler arms or Pitman arms shall not be broken, worn out, or show signs of breakage.

(e) Suspension condition.

Ball joint seals shall not be cut or cracked. Structural parts shall not be bent or damaged. Stabilizer bars shall be connected. Springs shall not be broken, or extended by spacers. Shock absorber mountings, shackles, and U-bolts shall be securely attached. Rubber bushings shall not be cracked, or extruded out or missing from suspension joints. Radius rods shall not be missing or damaged.

(f) Shock absorber system. Shock absorbers shall not be loose from mountings, leak, or be inoperative.

8.37.380 Horns, Warning Devices, and Theft Alarms

(a) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order, capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet. No horn or other warning device may emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall when reasonably necessary to insure safe operation give audible warning with the horn but shall not otherwise use the horn.

(b) No vehicle may be equipped with nor may any person use upon a vehicle any siren, whistle, or bell, except as otherwise permitted in this section.

(c) A vehicle may be equipped with a theft alarm signal device so long as it is arranged so that it cannot be used by the driver as an ordinary warning signal. Such a theft alarm signal device may use a whistle, bell, horn, or other audible signal but not a siren.

(d) Any authorized emergency vehicle may be equipped with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than five hundred feet, but the siren shall not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which case the driver of the vehicle shall sound the siren when reasonably necessary to warn pedestrians and other drivers of its approach.

8.37.390 Mufflers

(a) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cut-out, bypass, or similar device upon a motor vehicle on a highway.

(b) No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the engine above that emitted by the muffler originally installed on the vehicle. It is unlawful for any person to operate a motor vehicle not equipped as required by this subsection, or which has been amplified as prohibited by this subsection.

8.37.400 Mirrors

(a) Every motor vehicle shall be equipped with a mirror mounted on the left side and located so as to reflect to the driver a view of the highway for a distance of at least two hundred feet to the rear of the vehicle.

(b) Every motor vehicle shall be equipped with an additional mirror mounted either inside the vehicle approximately in the center or outside the vehicle on the right side and located so as to reflect to the driver a view of the highway for a distance of at least two hundred feet to the rear of the vehicle.

(c) All mirrors required by this section shall be maintained in good condition.

8.37.410 Windshields Required, Unobstructed and Equipped with Wipers

(a) All motor vehicles operated on a public roadway shall be equipped with a front windshield manufactured of safety glazing materials for use in motor vehicles, except, however, on vehicles not so equipped or where windshields are not in use, the operators of the vehicles shall wear approved safety glasses, goggles, or face shields.

(b) No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side wings, or side or rear windows which obstructs the driver's clear view of the highway or any intersecting highway.

(c) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle. It is unlawful for any person to operate a motor vehicle first sold or delivered after January 1, 1938, which is not equipped with such device or devices in good working order capable of cleaning the windshield thereof over two separate arcs, one each on the left and right side of the windshield, each capable of cleaning a surface of not less than one hundred twenty square inches, or other device or devices capable of accomplishing substantially the same result.

(d) Every windshield wiper upon a motor vehicle shall be maintained in good working order.

8.37.420 Tires - Restrictions

(a) It is unlawful to operate a vehicle upon the public highways unless it is completely equipped with pneumatic rubber tires except vehicles equipped with temporary-use spare tires that meet federal standards that are installed and used in accordance with the manufacturer's instructions.

(b) No tire on a vehicle moved on a highway may have on its periphery any block, flange, cleat, or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it is permissible to use farm machinery with tires having protuberances that will not injure the highway, and except also that it is permissible to use tire chains or metal studs imbedded within the tire of reasonable proportions upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid. It is unlawful to use metal studs imbedded within the tire between April 1st and November 1st. The Chief of Police may, from time to time, determine additional periods in which the use of tires with metal studs imbedded therein is lawful.

(c) The Chief of Police may issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this section.

8.37.423 Pneumatic Tires

It is a traffic infraction for any person, firm, or corporation to sell or offer for sale any new pneumatic passenger car tire which does not meet the standards of federal motor vehicle safety standard No. 109, as promulgated by the United States Department of Transportation under authority of the National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 719, 728; 15 U.S.C. 1392, 1407) unless the tires are sold for off-highway use, as evidenced by a statement signed by the purchaser at the time of sale certifying that he is not purchasing the tires for use on the public highways.

8.37.424 Regrooved Tires (Retreads)

It is a traffic infraction for any person, firm, or corporation to sell or offer for sale any regrooved tire which does not meet the standard established by federal motor vehicle standard part 569 - regrooved tires, as promulgated by the United States Department of Transportation under authority of the National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 719, 728; 15 U.S.C. 1392, 1407) unless the tires are sold or regrooved for off-highway use, as evidenced by a statement signed by the purchaser or regroover at the time of sale or regrooving certifying that he is not purchasing or regrooving the tires for use on the public highways.

8.37.425 Tires - Unsafe

No person shall drive or move or cause to be driven or moved any vehicle, the tires of which have contact with the driving surface of the road, unless the vehicle is equipped with tires in safe operating condition in accordance with requirements established by this section.

A tire shall be considered unsafe if it has:

(a) Any ply or cord exposed either to the naked eye or when cuts or abrasions on the tire are probed; or

(b) Any bump, bulge, or knot, affecting the tire structure; or

(c) Any break repaired with a boot; or

(d) A tread depth of less than 2/32 of an inch measured in any two major tread grooves at three locations equally spaced around the circumference of the tire, or for those tires with tread wear indicators, a tire shall be considered unsafe if it is worn to the point that the tread wear indicators contact the road in any two major tread grooves at three locations equally spaced around the circumference of the tire; or

(e) A legend which indicates the tire is not intended for use on public highways such as, "not for highway use" or "for racing purposes only"; or

(f) Such condition as may b