Title 12
VEHICLES AND TRAFFIC*

Chapters:

12.04 General Provisions

12.08 Definitions

12.12 Enforcement and Obedience to Traffic Regulations

12.16 Speed Regulations

12.28 Miscellaneous Rules

12.29 Cruising

12.40 Abandoned and Unauthorized Vehicles

12.44 Repealed

12.45 Parking

12.48 Loading and Unloading

12.60 Repealed

12.61 Model Traffic Ordinance

12.64 All-Terrain Vehicles—Snowmobiles

* For the statutory provisions regarding the city’s authority over the use of its streets, see RCW 35A.47.020. For the provisions regarding the city’s authority to regulate motor vehicles, see RCW 35A.46.010.

Chapter 12.04
GENERAL PROVISIONS

Sections:

12.04.010 Short title.

12.04.020 Purpose and policy.

12.04.030 Serious crimes designated.

12.04.040 Responsibility for vehicle.

12.04.050 Parking payment device, municipal permit and garage parking revenue.

12.04.010 Short title.

This title constitutes the traffic code of the city and may be cited as such. (Ord. 2136 § 1, 1970)

12.04.020 Purpose and policy.

It is declared to be the purpose and public policy of the city to cooperate with state authorities in every way that is reasonably possible in the enforcement of the Washington Highway License Act, the Washington Motor Vehicle Act, and all other laws and regulations of the state relating to the equipment and operation of vehicles on the public highways of the city, and this title is enacted in furtherance of the purpose, and in the exercise of the police power of the city to protect and preserve the public peace, health, safety and economic welfare, and all of its provisions shall be liberally construed for the accomplishment of these purposes. (Ord. 2136 § 2, 1970)

12.04.030 Serious crimes designated.

RCW 46.20.021

46.20.336

46.20.342

46.20.410

46.20.420

46.29.625

46.52.010

46.52.020

46.52.090

46.61.015

46.61.020

46.61.022

46.61.500

46.61.502

46.61.504

46.61.530

46.64.020

46.64.048

46.65.090.

(Ord. 2879 § 6, 1985: Ord. 2762 § 4, 1983)

12.04.040 Responsibility for vehicle.

In any traffic infraction case under this chapter, a showing that the particular vehicle described in the notice of traffic infraction was in violation of a provision of this chapter relating to stopping, standing or parking of a vehicle, together with a showing of registered ownership of the vehicle at the time of the violation, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred. (Ord. 3377 § 4, 1993)

12.04.050 Parking payment device, municipal permit and garage parking revenue.

The fee required to be paid for municipal garage parking and the payments required to be deposited in parking payment devices as provided by this code are levied and assessed as fees to cover the costs of installations, inspections, supervision, regulation and maintenance involved in the control of traffic and parking upon the streets and municipal property and the duly authorized agents of the director of finance and administration shall, from time to time, collect and deposit the same in a special fund for parking revenue, as directed by the director of finance and administration. (Ord. 3952 § 1, 2004: Ord. 3626 § 3, 1998: Ord. 3573 § 63, 1997: Ord. 3416 § 1, 1994: Ord. 3414 § 1, 1994)

Chapter 12.08
DEFINITIONS

Sections:

12.08.010 Generally.

12.08.020 Stop.

12.08.030 Street.

12.08.040 Way open to the public.

12.08.050 Traffic engineer.

12.08.010 Generally.

Words and phrases defined for the purposes of this title shall have the meanings respectively ascribed to them in this chapter as set forth below, unless normal construction in context shall clearly indicate to the contrary. (Ord. 2136 § 3, 1970)

12.08.020 Stop.

“Stop” means complete cessation of movement. (Ord. 2136 § 4, 1970)

12.08.030 Street.

“Street” means and includes every arterial highway, public highway, alley, or portion thereof, and ways open to the public. (Ord. 2136 § 5, 1970)

12.08.040 Way open to the public.

As used in this title, “way open to the public” shall include any road, alley, lane, parking area, or any place, private or otherwise, adapted to and fitted for travel, that is in common use by the public with the consent, expressed or implied, of the owner or owners, and further any public playground, school grounds, recreation ground, parkways, park drives, park paths and wharves, station grounds, and right-of-way open to public use. (Ord. 2136 § 6, 1970)

12.08.050 Traffic engineer.

“Traffic engineer” means the person or persons designated by the city manager to perform the duties herein required to be performed by the traffic engineer. (Ord. 2136 Art. III, 1970)

Chapter 12.12
ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS*

Sections:

12.12.010 Definitions.

12.12.020 Use of coasters, roller skates, and similar devices restricted.

12.12.030 Skateboarding prohibited in certain areas.

12.12.040 Seizure and forfeiture.

12.12.050 Negligent skateboarding.

12.12.055 Motorized foot scooters.

12.12.060 Penalty.

* For the statutory provisions, see Chapter 46.61 RCW, Obedience to and Effect of Traffic Laws.

12.12.010 Definitions.

Words and phrases defined for the purposes of this chapter shall have the meanings set forth in this section, unless normal construction in context shall clearly indicate to the contrary:

(1) “Skateboard” has its ordinary meaning and includes a board of any material with wheels affixed to the underside, designed to be ridden by a person. For the purposes of this chapter the term “skateboard” shall include the terms “scooter” and “coaster.”

(2) “Riding a skateboard” means standing with one or both feet touching the skateboard, crouching, sitting or lying upon the skateboard while it is in motion.

(3) “Scooter” shall have its ordinary meaning and includes a footboard mounted upon or between two or more small wheels and controlled by an upright steering handle.

(4) “Kirkland City Hall” is located at 123 Fifth Avenue, and includes the sidewalks and parking lots that are at the boundaries of the City Hall site.

(5) “Kirkland Plaza of Champions” means that portion of the Lake Plaza parking lot in which recognition plaques are installed and members of the public may view such plaques.

(6) “Motorized foot scooter” means a device with no more than two ten-inch or smaller diameter wheels that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. (Ord. 3948 § 1, 2004: Ord. 3200 § 1 (part), 1990)

12.12.020 Use of coasters, roller skates, and similar devices restricted.

No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device shall go upon any roadway except while crossing a street on a crosswalk and when so crossing, such person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This section shall not apply upon any street while set aside as a play street as authorized by ordinance of the city. (Ord. 2136 § 8, 1970)

12.12.030 Skateboarding prohibited in certain areas.

No person shall ride a skateboard within Peter Kirk Park, upon the Kirkland City Hall grounds, or at the Plaza of Champions. A person in violation of this section may be cited for an infraction and the skateboard he or she was riding may be seized as evidence and held until the disposition of the charge. (Ord. 3200 § 1 (part), 1990)

12.12.040 Seizure and forfeiture.

Whenever a law enforcement officer has probable cause to believe that a skateboard was used or is intended to be used in violation of this chapter, such skateboard is subject to seizure and forfeiture. In the event of seizure pursuant to this section, proceedings for forfeiture shall be deemed commenced by the seizure and shall be conducted as outlined in Chapter 69.50 RCW. An observation by a law enforcement officer that a skateboard is in motion upon the ground or pavement at Peter Kirk Park, the City Hall site, or the Plaza of Champions, whether or not such skateboard is accompanied by a person, shall be sufficient to establish probable cause of a violation of this chapter. (Ord. 3200 § 1 (part), 1990)

12.12.050 Negligent skateboarding.

It is a violation of this chapter for any person to operate a skateboard in a negligent manner upon any publicly owned property or way open to the public throughout the city of Kirkland. For purposes of this section, “to operate in a negligent manner” means the riding or propelling of a skateboard in such a manner as to endanger or be likely to endanger any person or property. (Ord. 3200 § 1 (part), 1990)

12.12.055 Motorized foot scooters.

In addition to any regulations or restrictions imposed under state law, the use of motorized foot scooters within the city of Kirkland must comply with the following regulations and restrictions:

(1) Motorized foot scooters may not be used on sidewalks or within city parks.

(2) Motorized foot scooters may not be used on public rights-of-way with speed limits greater than twenty-five miles per hour.

(3) Motorized foot scooters in use at any time from a half hour after sunset to a half hour before sunrise shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the state patrol which shall be visible from all distances up to six hundred feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector. A light-emitting diode flashing taillight visible from a distance of five hundred feet to the rear may also be used in addition to the red reflector.

(4) The operator of a motorized foot scooter must be at least fifteen years old to use a motorized foot scooter upon allowed public rights-of-way.

(5) The operator of a motorized foot scooter must wear a helmet that meets or exceeds safety standards for bicycle helmets as currently adopted, or as subsequently revised, by the Consumer Product Safety Commission.

(6) No person shall transport another person on or in tow of a motorized scooter. (Ord. 3948 § 2, 2004)

12.12.060 Penalty.

A violation of this chapter is a traffic infraction, whether or not the act at issue occurred upon a roadway. The penalty for any infraction established by this chapter shall be fifty dollars. (Ord. 3960 § 1, 2004: Ord. 3200 § 1 (part), 1990)

Chapter 12.16
SPEED REGULATIONS*

Sections:

12.16.010 Decrease of state speed limit on state highways—Establishment of uniform arterial speeds.

* For the statutory provisions see Chapter 46.61 RCW, Speed Restrictions.

12.16.010 Decrease of state speed limit on state highways—Establishment of uniform arterial speeds.

It is determined upon the basis of engineer and traffic investigation that the speed permitted by state law on the following state highways within the corporate limits of the city is greater than is reasonable under the conditions found to exist on such highways, and it is hereby declared that a reasonable and safe speed limit is:

(1) State Highway Sign Route 908 (Central Way) between easterly city limits and Sixth Street: Speed limit thirty-five miles per hour;

(2) State Highway Sign Route 908 (Central Way) between Sixth Street and Third Street: Speed limit thirty miles per hour;

(3) State Highway Sign Route 908 (Central Way) between Third Street and Lake Street: Speed limit twenty-five miles per hour;

(4) State Highway Sign Route 908 (Lake Street) between Central Way and Seventh Avenue South: Speed limit twenty-five miles per hour;

(5) State Highway Sign Route 908 (Lake Street South—Lake Washington Boulevard) between Seventh Avenue South and Lakeview Drive: Speed limit thirty miles per hour;

(6) State Highway Sign Route 908 (Lake Street South—Lake Washington Boulevard) between Lakeview Drive and the southerly city limits: Speed limit thirty-five miles per hour;

(7) City arterial streets where so posted and signed by the traffic engineer: Speed limit thirty miles per hour; or, where the traffic engineer, on the basis of traffic investigation and engineering studies, determines that thirty-five miles per hour is a safe and reasonable speed, then thirty-five miles per hour where so posted and signed by the traffic engineer;

(8) All other streets including arterials where unsigned: Speed limit twenty-five miles per hour. (Ord. 3254 § 1, 1991: Ord. 2783 § 1, 1983: Ord. 2381 § 1, 1978: Ord. 2185 § 1, 1972: Ord. 2151 § 1, 1971: Ord. 2136 § 9, 1970)

Chapter 12.28
MISCELLANEOUS RULES*

Sections:

12.28.010 Negligent driving.

12.28.020 Inattention.

12.28.040 Embracing driver of motor vehicle.

12.28.060 Left turns prohibited on certain streets.

* For the statutory provisions, see RCW 46.61.500 et seq. and RCW 46.61.600 et seq., Miscellaneous Rules.

12.28.010 Negligent driving.

The following statute is hereby adopted by reference as part of this code:

Washington Laws of 1996, Chapter 307, Section 1. (Ord. 3541 § 2, 1996)

12.28.020 Inattention.

It is a traffic infraction as provided in Section 1.04.010 for any person to operate a vehicle in an inattentive manner on the streets of the city. For the purpose of this section, “inattentive” means lax or slack or that the driver is not maintaining watchfulness or that control of the vehicle is imprudent. (Ord. 2879 § 8, 1985: Ord. 2335 § 5, 1977)

12.28.040 Embracing driver of motor vehicle.

It is unlawful for any passenger to embrace the driver of a motor vehicle upon the streets of the city or ways open to the public so as to prevent the free and unhampered operation of the vehicle. Any person doing so shall be prima facie, guilty of aiding and abetting reckless driving. (Ord. 2136 § 24, 1970)

12.28.060 Left turns prohibited on certain streets.

Pursuant to the authority of RCW Title 47, it is unlawful for any person operating a motor vehicle, except a Metro Transit vehicle, to make a left turn at the following intersections between the hours indicated:

	Intersection	Hours Prohibited
(1)	Lake Street and Commercial
	Avenue	4:00 to 6:00 p.m.
(2)	Lake Street and Kirkland
	Avenue	4:00 to 6:00 p.m.

(Ord. 2237 § 1, 1973: Ord. 1023 § 1, 1966)

Chapter 12.29
CRUISING

Sections:

12.29.010 Definitions.

12.29.020 Designation of traffic congestion area.

12.29.030 Cruising prohibited in traffic congestion area.

12.29.040 Penalties.

12.29.050 Exemptions.

12.29.010 Definitions.

(a) “Cruising” is the repeated passage of a motor vehicle on or across a portion of a street or way open to the public.

(b) “Traffic congestion area” is any portion of a street or way open to the public affected by traffic congestion caused in whole or in part by cruising, and declared to be a “traffic congestion area” by the chief of police or his or her designee.

(c) The “chief of police” means the chief of the city police department or his or her designee. (Ord. 3251 § 1 (part), 1991)

12.29.020 Designation of traffic congestion area.

(a) The chief of police may declare all or a portion of a street or way open to the public to be a “traffic congestion area” when:

(1) Traffic congestion has slowed average vehicle speed to less than one-half the posted speed limit; and

(2) The congestion significantly interferes with passage of vehicles being driven to and from locations within the area; and

(3) The congestion is likely to prevent or substantially delay emergency vehicles from responding to locations within the area, or from passing through the area; and

(4) The congestion is caused in whole or in substantial part by cruising.

(b) When a street or way open to the public is designated a traffic congestion area, officers of the police department shall post signs identifying it as a traffic congestion area and notifying drivers that passage of a motor vehicle more than one time in the same direction within a two-hour period is a violation of law.

(c) The designation of a street or way open to the public as a traffic congestion area shall remain in effect for a period of four hours, unless withdrawn earlier or extended for additional four-hour periods by the chief of police. (Ord. 3251 § 1 (part), 1991)

12.29.030 Cruising prohibited in traffic congestion area.

No person shall drive or permit a motor vehicle under his or her control to be driven within a posted traffic congestion area in the same direction more than one time within a two-hour period. (Ord. 3251 § 1 (part), 1991)

12.29.040 Penalties.

Violations of Section 12.29.030 are punishable by a fine of not more than one thousand dollars or by imprisonment in jail for not more than ninety days, or both such fine and imprisonment. (Ord. 3251 § 1 (part), 1991)

12.29.050 Exemptions.

This chapter shall not apply to:

(1) Any publicly owned vehicle of any city, county, public district, state, or federal agency.

(2) Any vehicle licensed for public transportation, including but not limited to buses and taxi cabs.

(3) Any in-service emergency vehicle.

(4) Any vehicle being driven by a resident of the traffic congestion area, or any vehicle being driven within the traffic congestion area for necessary commercial or medical reasons. (Ord. 3251 § 1 (part), 1991)

Chapter 12.40
ABANDONED AND UNAUTHORIZED VEHICLES*

Sections:

12.40.010 Definitions.

12.40.020 Procedure for impoundment.

12.40.030 Impoundment for license violations.

12.40.040 Private remedies.

* For provisions relating to the city’s authority to impound junk vehicles from private property see Chapter 11.76.

12.40.010 Definitions.

For the purpose of this chapter:

(1) “Abandoned vehicle” means any vehicle or hulk left within the right-of-way of any public street, highway, alley or way open to the public for a period of twenty-four hours.

(2) “Automobile hulk” or “hulk” or “junk vehicle” means a motor vehicle or remnant or remains thereof which is apparently inoperable and is extensively damaged or missing vital parts or mechanisms.

(3) “Registered tow truck operator” or “operator” means any person who engages in the impounding, transporting, disposal or storage of unauthorized or abandoned vehicles and who is properly registered or licensed pursuant to RCW Chapter 46.55.

(4) “Unauthorized vehicle” means a vehicle that is subject to impoundment at the direction of the city after being left unattended in one of the following locations for the indicated period of time:

		Subject to
		removal after:
(a)	Constituting a traffic hazard
	(see RCW 46.55.113)	Immediately
(b)	Abandoned and tagged (see
	RCW 46.55.085) (for instance)	24 hours after
		attachment of tag
(c)	Coming within a provision of
	Chapter 12.44 or 12.48 which
	authorizes impoundment	Immediately

(Ord. 3385 § 1, 1993: Ord. 2975 § 1 (part), 1986)

12.40.020 Procedure for impoundment.

An unauthorized vehicle may be impounded by a registered tow truck operator at the direction of a police officer, parking enforcement person, or other public official authorized by the chief of police. Removal and storage of a vehicle impounded under this section shall be at the registered and legal owners’ expense as provided in RCW Title 46. Within twenty-four hours after an unauthorized vehicle is impounded, the police department shall send notification by first class mail to the last known registered and legal owners of the vehicle, unless the vehicle is redeemed prior to the mailing of the notice. The notification shall include the name, address, and phone number of the impounding tow firm and the location and time of impound. Further, the notification will inform any owner of an opportunity for a hearing to contest the basis of the impoundment which shall contain a certificate of mailing and which shall be accompanied by a form to be directed to the Northeast District Court for requesting a hearing. Unless otherwise specified, any impoundment pursuant to this code or other ordinances of the city shall follow the procedure set forth in this section. (Ord. 2975 § 1 (part), 1986)

12.40.030 Impoundment for license violations.

A vehicle which is being operated by a person committing a driver’s license violation for which immediate impoundment is authorized (see RCW 46.20.435) may be impounded according to the procedure set forth in Section 12.40.020; provided, that if possible, the notification described therein will be immediately served upon the driver. (Ord. 2975 § 1 (part), 1986)

12.40.040 Private remedies.

Nothing in this code or other ordinances of the city shall restrict a private landowner’s authority to have vehicles removed under the common law or pursuant to state statutes, such as RCW 46.55.230 or 46.55.080. Upon request of a landowner, the police department shall provide information as described in RCW Chapter 46.55 relating to removal of a junk vehicle. (Ord. 2975 § 1 (part), 1986)

Chapter 12.44
STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES

(Repealed by Ord. 3534)

Chapter 12.45
PARKING

Sections:

Part I. General Provisions

12.45.010 Definitions.

12.45.020 Parking restrictions—Designation.

12.45.030 Penalty schedule.

12.45.040 Failure to respond—Unlawful.

Part II. Miscellaneous Rules

12.45.110 Illegal use—Parking payment devices.

12.45.120 Illegal use—Parking permits.

12.45.130 Meter—Hooded.

12.45.140 Erasing chalk marks.

12.45.150 Repealed.

12.45.160 No parking for certain purposes.

Part III. Prohibited Parking

12.45.200 Parking in alleys.

12.45.210 Parking and storage of trailers, truck tractors and large vehicles prohibited.

12.45.220 Parking prohibited on certain streets at certain times.

12.45.230 Restricted parking.

12.45.240 Off-street parking areas.

12.45.250 Downtown employee parking prohibited.

12.45.260 Reporting of employee vehicles.

Part IV. Overtime Parking

12.45.300 Time restrictions.

12.45.310 Prohibitions apply.

12.45.320 Overtime parking penalties.

Part I. General Provisions

12.45.010 Definitions.

For the purpose of this chapter:

(1) “Municipal permit or garage parking” is parking or standing of motor vehicles on property owned, leased or operated by the city requiring the obtaining of permits, depositing of currency in a coin-box, or compliance with pavement designations for the privilege to park at that location and is subject to restrictions as enacted by the city.

(2) “Operator” means every person who is in actual physical control of a vehicle as herein defined, upon a public street or highway of the city.

(3) “Overnight parking” means the parking of a vehicle in one spot continuously for a period exceeding six hours at any time during the hours from ten p.m. of the day designated to eight a.m. of the following day.

(4) “Parking meter” means a coin-operated timing device placed or erected adjacent to a parking space, which after deposit of specified coinage and activation of the timer, where required, measures the period of time that occupancy of such parking space is allowed.

(5) “Parking payment device” means any device used to aid in management and control of the parking of vehicles on city streets or other rights-of-way, including parking meters and pay stations.

(6) “Parking pay station” means any electronic device, except a parking meter, placed or erected adjacent to a parking space which, after deposit of money or use of a credit or other payment card, dispenses a proof of payment receipt to be displayed on the vehicle.

(7) “Person” means every natural person, firm, partnership, corporation, association or organization.

(8) “Service parking meter hood” means a device to cover a parking meter while the parking space is being utilized for service parking.

(9) “Street” or “public street” includes all public ways, streets, highways and off-street parking facilities owned or maintained by the city.

(10) “To park (or stand) a vehicle.” There is a prima facie presumption that the registered owner of a violator vehicle was the person who parked such vehicle.

(11) “Vehicle” means every device capable of being moved upon a public highway and in, upon, or by which any person, or property, shall or may be transported or drawn upon any public highway excepting devices moved by human power. (Ord. 3952 § 2, 2004; Ord. 3534 § 1 (part), 1996)

12.45.020 Parking restrictions—Designation.

The chief of police or delegate, the director of public works or delegate, or the traffic engineer may from time to time designate portions of streets of the city and property of the city as prohibited parking areas, restricted parking zones, municipal permit or garage parking, and/or parking payment device spaces. Such designation shall be shown by signage or other appropriate indicators. The same procedure may be followed in altering or abandoning a designation relating to parking. (Ord. 3952 § 3, 2004: Ord. 3534 § 1 (part), 1996)

12.45.030 Penalty schedule.

The court of competent jurisdiction for the city shall establish a schedule for monetary penalties for violations of this chapter which are traffic infractions. The schedule shall incorporate any penalty amount which has been specified in this chapter. If no other penalty amount for a traffic infraction under this chapter is specified on the penalty schedule or in this chapter, then the amount of the penalty shall be twenty-five dollars. (Ord. 3534 § 1 (part), 1996)

12.45.040 Failure to respond—Unlawful.

It is unlawful for a person who has been issued a traffic infraction relating to parking, standing, stopping, or pedestrian infractions, defined by city ordinance, to fail to respond in the manner directed on the notice of infraction. Unless otherwise specified by state law or city ordinance, the penalty for such failure to respond shall be twenty-five dollars. This penalty is in addition to penalties imposed for the underlying infraction. (Ord. 3534 § 1 (part), 1996)

Part II. Miscellaneous Rules

12.45.110 Illegal use—Parking payment devices.

It is a traffic infraction for any person to tamper with or open any parking payment device, deposit or cause to be deposited in any parking payment device, any slug, button, or any other device or substance as substitution for legal tender of the United States or city of Kirkland parking tokens, or counterfeit or alter any parking pay station receipt. (Ord. 3952 § 4, 2004: Ord. 3534 § 1 (part), 1996)

12.45.120 Illegal use—Parking permits.

It is a traffic infraction to display upon any vehicle a parking permit at a time or place in a manner not consistent with the terms of such permit, and in addition to any other penalty prescribed by the provisions of this chapter, such unlawful display shall be sufficient cause for revocation of such permit. (Ord. 3534 § 1 (part), 1996)

12.45.130 Meter—Hooded.

It is a traffic infraction for any person, without proper authority, to stop, stand or park a vehicle where the parking meter is covered by a service parking meter hood. (Ord. 3534 § 1 (part), 1996)

12.45.140 Erasing chalk marks.

(a) It is a traffic infraction for any person to park a vehicle or permit a vehicle to remain parked on the streets knowing that time marks had been erased from such vehicle within the preceding ten hours. A registered owner and/or last operator of a vehicle shall be presumed to know when and whether time marks had been erased from such vehicle.

(b) For the purpose of this section, the phrase “time marks had been erased” means that a city officer, agent or employee had placed chalk marks or other reference indicators of the time at which a vehicle was parked on the tires or other portion of a vehicle and, because of their meaning in parking enforcement, such marks were erased, removed or obscured, or an attempt was made to erase, remove or obscure them. There shall be a prima facie presumption that time marks which are missing were erased because of their meaning in parking enforcement. (Ord. 3534 § 1 (part), 1996)

12.45.150 Parking places reserved for physically disabled persons.

Repealed by Ord. 3934. (Ord. 3534 § 1 (part), 1996)

12.45.160 No parking for certain purposes.

It is a traffic infraction to park a vehicle upon any roadway, public right-of-way, publicly owned and operated parking facility, or other public property for the principal purpose of:

(1) Displaying such vehicle for sale or for advertising services for vehicles;

(2) Greasing or repairing such vehicle except repairs necessitated by an emergency;

(3) Displaying advertising without a city permit;

(4) Displaying or selling merchandise from such vehicle without a city permit.

In addition to other remedies which the city may pursue, a motor vehicle which is in violation of this section for the second time within one week, after an interval of at least four hours, may be impounded according to the procedure set forth in Section 12.40.020. (Ord. 3534 § 1 (part), 1996)

Part III. Prohibited Parking

12.45.200 Parking in alleys.

It is a traffic infraction to park a vehicle within an alley in such a manner or under such conditions as to leave available less than eight feet of the width of the roadway for the free movement of vehicular traffic, and to stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property.

Any motor vehicle parked or standing in violation of this section may be impounded immediately in the manner provided for in Section 12.40.020. (Ord. 3534 § 1 (part), 1996)

12.45.210 Parking and storage of trailers, truck tractors and large vehicles prohibited.

(a) It is a traffic infraction for any person to park or store a trailer upon any street, highway, off-street public parking facility, or way open to the public within the city, except as provided in this subsection.

(1) For the purpose of this subsection, the word “trailer” includes boat trailer, camping trailer, house trailer, utility trailer, or any other vehicle or conveyance designed to be connected to or drawn by a motor vehicle or dray animal;

(2) The traffic engineer is authorized to designate by proper signs off-street parking facilities adjacent to public parks, recreational areas, and boat launching sites where recreational trailers may be parked.

(b) It is a traffic infraction for any person to park or store a truck tractor or a vehicle of twenty-five thousand pounds gross weight or more upon any street, highway, off-street public parking facility, or way open to the public except as provided in this subsection.

(1) For the purpose of this subsection, the words “truck tractor” include any vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn;

(2) The planning director is authorized to designate areas which do not include or abut residential uses where vehicles regulated by this subsection may be parked or stored. A map indicating any such designated areas will be kept on file with the police department and will be available for public inspection.

(c) A vehicle, trailer, or truck tractor which is in violation of this section may be impounded, according to the procedure set forth in Section 12.40.020, if the impoundment occurs at least twenty-four hours after tagging with notification of intent to impound for violation of this section. (Ord. 3534 § 1 (part), 1996)

12.45.220 Parking prohibited on certain streets at certain times.

It is a traffic infraction to park or stand a motor vehicle in violation of the following parking prohibitions:

Prohibited Parking Areas

(a) No Parking At Any Time (in effect at all times):

(1) South side of Northeast 85th Street between Sixth Street and 120th Avenue Northeast;

(2) North side of Northeast 85th Street between 122nd Avenue Northeast and Sixth Street;

(b) On streets or in a designated municipal permit or garage parking area where signs or pavement marking prohibit parking or standing. Violations of this subsection include, but are not limited to, parking or standing a motor vehicle where:

(1) Curb is red, which shall mean no parking at any time;

(2) Curb is yellow, which shall mean no parking due to use such as fire lane or delivery lane;

(3) Bus stop is designated. A bus stop may be designated by red and yellow curb paint or by a sign. If a bus stop is designated only by a sign, then parking is prohibited within seventy-five feet of such sign.

(c) In a no parking area designated per Section 12.45.020.

Furthermore, a motor vehicle left standing or parked in violation of this section constitutes an immediate safety hazard to the users of the public right-of-way and the general public. Such vehicle may be impounded and removed from the area under the supervision and authority of any city police officer. (Ord. 4049 § 1, 2006: Ord. 3626 § 1, 1998; Ord. 3534 § 1 (part), 1996)

12.45.230 Restricted parking.

It is a traffic infraction to park or stand a motor vehicle in a street zone where a sign or pavement markings restrict parking, in violation of the applicable restrictions, which include the following:

May be referred to as the following categories:		Restriction
(a)	No parking—7:00 a.m. to 9:00 a.m. (except on Saturdays, Sundays and legal holidays)
(b)	No overnight parking
(c)	No overnight parking on Sunday, Tuesday or Thursday
(d)	No overnight parking on Monday, Wednesday or Friday
(e)	Loading zone only—No parking allowed between the hours of 9:00 a.m. and 8:00 p.m., except that bona fide delivery vehicles may be allowed to stand in this zone for such time as may be reasonably necessary for the making of delivery or pickup of goods at a destination within eighty feet of that portion of the street occupied by the delivery vehicle
(f)	No parking permitted except that vehicles with boat trailer attached may stand for a period not to exceed twenty minutes for the purpose of rigging and securing boat to trailer
(g)	No parking—8:00 a.m. to 2:00 p.m. (except on Saturdays, Sundays and legal holidays)
(h)	No parking—10:00 p.m. to 6:00 a.m.
(i)	No parking—8:00 a.m. to 2:00 p.m. on school days, except by city of Kirkland permit, on both sides of the specified portion of the following streets: 111th Avenue NE between NE 128th Street and NE 132nd Street; NE 131st Street between 110th Avenue NE and 111th Avenue NE; 110th Avenue NE between NE 128th Street and NE 131st Street; NE 128th Street between 110th Avenue NE and 112th Place NE; and NE 128th Street west of 110th Avenue NE to a line which is the southerly extension of the western boundary of the power line easement which lies west of and parallel to 110th Avenue NE
(j)	No parking at any time, except by city of Kirkland permit, on both sides of Lake Avenue West, beginning immediately northwest of 115 Lake Avenue West and continuing just past 295 Lake Avenue West

In addition to the other remedies which the city may pursue, a motor vehicle which is in violation of this section for the second time within one week after an interval of at least four hours may be impounded according to the procedure set forth in Section 12.40.020. (Ord. 4095 § 1, 2007: Ord. 3648 §§ 1, 2, 1998; Ord. 3626 § 2, 1998: Ord. 3534 § 1 (part), 1996)

12.45.240 Off-street parking areas.

It is a traffic infraction to park or stand a motor vehicle as follows:

(a) In a portion of a designated municipal garage or off-street parking area which is not marked as a parking space;

(b) In a parking space in a municipal garage or off-street parking area which requires a permit unless a parking permit allowing for such parking is displayed in a conspicuous place able to be seen from outside the vehicle.

In addition to other remedies which the city may pursue, a motor vehicle which is in violation of this section for the second time within one week, after an interval of at least four hours, may be impounded according to the procedure set forth in Section 12.40.020. (Ord. 3534 § 1 (part), 1996)

12.45.250 Downtown employee parking prohibited.

(a) It is a traffic infraction for an employee to park a vehicle within the hereinafter defined area where employee parking is prohibited from the hours of eleven a.m. to five a.m. the following day, except as authorized by the city manager or designee pursuant to written policies which shall be consistently applied.

(1) Subject to the foregoing authority of the city manager or designee and subject to the prohibition of subsection (d) of this section, employees may request a permit which allows them to park within the hereinafter defined prohibited parking area on their days off, which permit must match the license plate of the vehicle on which it is displayed and be visibly displayed in a window of the vehicle but shall only be used on such days off.

(2) In addition to any other fines incurred under this section, displaying this permit while the employee is at their place of employment or is at the premises within the central business district as to which they are an employer or an owner, whether the employee is working or not, will result in the imposition of a one-hundred-dollar fine; second and all subsequent violations within a consecutive twelve-month period will result in the imposition of a two-hundred-dollar fine.

(b) For purposes of this section and Section 12.45.260, “central business district” means the combination of areas which the city of Kirkland Zoning Code designates as CBD-1, CBD-2, CBD-3 or CBD-8.

(c) For purposes of this section and Section 12.45.260, “employee” includes being: (1) engaged for wages, credit or other consideration, or as a volunteer, for a business or nonprofit entity within the central business district; or (2) an employer of persons who work at a location within the central business district; or (3) an owner of a business premises within the central business district.

(d) The prohibition of this section shall apply whenever the employee is at their place of employment or is at the premises within the central business district as to which they are an employer or an owner between the hours of eleven a.m. and five a.m. the following day.

(e) The area where employee parking is prohibited includes any portion of the following:

(1) Lake Street parking lot;

(2) Marina Park parking lot;

(3) Central Way from its western end (the 10 block) easterly to its intersection with Third Street;

(4) Lake Street from its northern end southerly to its intersection with Fifth Avenue South;

(5) Kirkland Avenue from its western end (the 10 block) easterly through its 400 block to the point where Kirkland Way branches off from Kirkland Avenue;

(6) Main Street in its entirety;

(7) Park Lane in its entirety;

(8) First Street between Central Way and Fourth Avenue;

(9) Third Street between Central Way and Kirkland Avenue;

(10) State Street between Kirkland Avenue and Second Avenue South and any other portion of State Street where parking is restricted to either two hours or four hours;

(11) Second Avenue South, from Lake Street to Second Street South;

(12) Lake Avenue West in its entirety;

(13) CBD-1 and CBD-2. Employee parking is prohibited along all public alleys, streets, or other public parking spaces within the area which the city of Kirkland Zoning Code designates as CBD-1 or CBD-2;

(14) The upper level of the parking garage located at the corner of Kirkland Avenue and Third Street.

(f) For imposition of the penalties provided in this section, there is a prima facie presumption that the registered owner of the violator vehicle at the time of the violation was the person who parked such vehicle. In addition, there is also a prima facie presumption that the employee who has been reported to the city as having control of a certain vehicle is the person who parked such vehicle in violation of this section.

(g) For any violation of this section, the following penalties shall be imposed:

(1) First violation within any twelve consecutive months: twenty-five dollars;

(2) Second violation within any twelve consecutive months: fifty dollars;

(3) Third violation within any twelve consecutive months: seventy-five dollars;

(4) Fourth violation and each succeeding violation within any twelve consecutive months: one hundred twenty-five dollars. (Ord. 3997 § 1, 2005: Ord. 3860 § 1, 2002: Ord. 3845 § 1, 2002: Ord. 3634 § 1, 1998)

12.45.260 Reporting of employee vehicles.

(a) Every employer or owner with premises located within the central business district shall provide to the city their own and their employees’ names and vehicle license numbers of vehicles owned, operated, or controlled by each employee, employer or owner who comes to such premises.

(b) The information required by this section shall be sworn to and submitted at the same time as registration and application for a new business license occurs under Chapter 7.02 and updated within thrity days of hiring/termination of an employee, and each year thereafter at the same time as the business license is renewed in the manner prescribed and on forms provided by the city. Those partially exempt from the provisions of Chapter 7.02 shall report this information at the same time as required to file an application form as required in Chapter 7.02 and updated within thirty days of new hire/termination of an employee and annually thereafter as requested by the city.

(c) It is a traffic infraction for any person to be in violation of the reporting requirements of this section. For any violation of this section, penalties shall be imposed as provided in Section 12.45.250. (Ord. 3997 § 2, 2005: Ord. 3702 § 1, 1999: Ord. 3634 § 2, 1998)

Part IV. Overtime Parking

12.45.300 Time restrictions.

It is a traffic infraction called “overtime parking” for a person to park a vehicle or permit a vehicle under his or her control to be or remain parked on the street (including all public ways and off-street parking facilities owned or maintained by the city) in violation of the following:

(a) Parking time restrictions including zones in which parking is restricted to: thirty minutes; one hour; two hours; three hours; four hours; or six hours.

(b) In any space upon a street alongside of or next to a parking meter in any of the following circumstances; provided, this subsection shall not apply to the act of parking or time necessary to activate the time on the parking meter:

(1) Unless a coin or coins of United States currency of the appropriate denomination or city of Kirkland parking meter token, as indicated in the legend on the meter, shall have been deposited therein, or shall have been previously deposited therein for an unexpired interval of time, and the meter has been placed in operation; or

(2) While the parking meter for such spaces displays the words “Violation” or “Expired”; or

(3) For a consecutive period of time longer than that limited period of time for which parking is lawfully permitted, as indicated on the legend on the parking meter, irrespective of the number of amounts of the coins deposited in such meter.

(c) In any space regulated by a parking pay station in any of the following circumstances; provided, this subsection shall not apply to the act of parking or time necessary to obtain a proof of payment receipt from the parking pay station:

(1) Unless an unexpired proof of payment receipt is properly displayed, in accordance with the directions on the receipt, in such a manner that the expiration time and date are readily visible from the exterior. For motorcycles, receipts shall be affixed where clearly visible.

(2) For a consecutive period of time longer than that limited period of time for which parking is lawfully permitted, as indicated on the legend on the parking pay station, irrespective of the amount paid.

(d) In any municipal off-street parking facility space where payment into a coin-box is required:

(1) Unless the required amount of currency or tokens have been deposited in the coin-box as provided for such parking; or

(2) For a consecutive period of time longer than that limited period of time for which parking is lawfully permitted as in such space, irrespective of the currency deposited in the coin-box. (Ord. 3952 § 5, 2004; Ord. 3534 § 1 (part), 1996)

12.45.310 Prohibitions apply.

The provisions of “Part IV—Overtime Parking” of this chapter shall not relieve any person from the duty to observe other provisions of this code regulating the stopping or parking of vehicles. (Ord. 3534 § 1 (part), 1996)

12.45.320 Overtime parking penalties.

(a) For any violation of Section 12.45.300 the following penalties shall be imposed:

(1) First violation within any sixty consecutive calendar days: twenty dollars;

(2) Second violation within any sixty consecutive calendar days: twenty-five dollars;

(3) Third violation within any sixty consecutive calendar days: fifty dollars;

(4) Fourth violation and each succeeding violation within any sixty consecutive calendar days: one hundred dollars.

(b) For imposition of the penalties provided in this section, there is a prima facie presumption that the registered owner of the violator vehicle at the time of the violation was the person who parked such vehicle.

(c) The Kirkland police department, including the “parking enforcement person,” is authorized to impound any vehicle determined to be in violation pursuant to Section 12.45.200; provided, that such violation is the second violation within any nine-hour period. This provision is in addition to and an alternative to subsection (a) of this section. Such impoundment shall be according to the procedure set forth in Section 12.40.020. (Ord. 3822 § 1, 2001; Ord. 3725 § 1, 1999; Ord. 3534 § 1 (part), 1996)

Chapter 12.48
LOADING AND UNLOADING

Sections:

12.48.010 Buses and taxicabs regulated.

12.48.020 Unlawful to park in bus stop.

12.48.030 Bus stops to be designated and signed.

12.48.040 Authority to impound.

12.48.050 Definition—Metro Transit.

12.48.010 Buses and taxicabs regulated.

(a) The operator of a bus shall not stand or park such vehicle upon any street at any place other than a bus stand so designated as provided herein.

(b) The operator of a bus shall not stop such vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop, bus stand or passenger loading zone so designated as provided herein, except in case of an emergency.

(c) The operator of a bus (other than school bus) shall enter a bus stop, bus stand or passenger loading zone on a public street in such a manner that the bus when stopped to load or unload passengers or baggage shall be in a position with the right front wheel of such vehicle not further than eighteen inches from the curb and the bus approximately parallel to the curb so as not to impede unduly the movement of other vehicular traffic.

(d) The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand so designated as provided herein. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers. (Ord. 2139 § 1, 1971; Ord. 2136 § 35, 1970)

12.48.020 Unlawful to park in bus stop.

It is unlawful for the operator to park or stand any vehicle within any area of any public street designated a “bus stop”; provided that this section shall not apply to the operator of a Metro Transit vehicle. (Ord. 2220 § 1 (part), 1973)

12.48.030 Bus stops to be designated and signed.

Bus stops shall be designated in accordance with the procedures for designating restricted parking zones set forth in Section 12.44.090 of the Kirkland Municipal Code. Any area so designated shall be signed: “Bus Stop —Tow Away Violator Vehicles.” (Ord. 2220 § 1 (part), 1973)

12.48.040 Authority to impound.

Any vehicle left unattended within a bus stop zone is declared to be an obstruction to traffic and immediate danger to the safety of the general public and a public nuisance. Such public nuisance shall be summarily abated by the removal and impoundment of such vehicle in accordance with the procedures established for removal and impounding of vehicles set forth in Section 12.40.020. (Ord. 2975 § 4, 1986: Ord. 2396 § 3, 1978: Ord. 2220 § 1 (part), 1973)

12.48.050 Definition—Metro Transit.

For the purposes of Sections 12.48.020 through 12.48.050, inclusive, “Metro Transit” means the metropolitan transit service operated by the metropolitan municipality of the city of Seattle or its successor. (Ord. 2220 § 1 (part), 1973)

Chapter 12.60
MODEL TRAFFIC ORDINANCE

(Repealed by Ord. 3415)

Chapter 12.61
MODEL TRAFFIC ORDINANCE

Sections:

12.61.010 Model Traffic Ordinance—Sections not adopted.

12.61.020 Statutes not adopted.

12.61.030 Other laws adopted.

12.61.040 1995 laws adopted.

12.61.010 Model Traffic Ordinance—Sections not adopted.

Except as otherwise provided, Chapter 308-330 WAC (Washington Model Traffic Ordinance), hereinafter referred to as MTO, is adopted as part of the Kirkland Municipal Code, providing that the following sections of Chapter 308-330 WAC are not adopted:

	308-330-127	308-330-530
	308-330-142	308-330-535
	308-330-145	308-330-540
	308-330-148	308-330-560
	308-330-200	308-330-600
	308-330-250	308-330-610
	308-330-500	308-330-620
	308-330-505	308-330-630
	308-330-510	308-330-640
	308-330-515	308-330-650
	308-330-520	308-330-660
	308-330-525	308-330-710

(Ord. 3415 § 1 (part), 1994)

12.61.020 Statutes not adopted.

The following Revised Code of Washington statutes adopted by the MTO are not adopted as part of this code:

	46.16.145	46.37.590
	46.20.410	46.48.170
	46.37.188	46.61.525
	46.37.520

(Ord. 3934 § 2, 2004: Ord. 3415 § 1 (part), 1994)

12.61.030 Other laws adopted.

The following statutes which were part of the “1994 Omnibus Drunk Driving Act” are hereby adopted by reference as part of this code:

Washington Laws of 1994, Chapter 275, Sections 1, 7, 8, 9, 10, 11, 23, 43, 44, 45, 46. (Ord. 3488 § 2, 1995)

12.61.040 1995 laws adopted.

The following statutes are hereby adopted by reference as part of this code:

Washington Laws of 1995, Chapter 332, Sections 5, 6, 19, 20. (Ord. 3488 § 3, 1995)

Chapter 12.64
ALL-TERRAIN VEHICLES—SNOWMOBILES

Sections:

12.64.010 All-terrain vehicles—Registration—Defined.

12.64.020 Snowmobile—Registration—Defined.

12.64.030 Regulations—Generally.

12.64.040 Danger to wildlife—Weapons—Prohibited.

12.64.050 Accident—Report required.

12.64.060 Use on public streets—Requirements.

12.64.070 Exceptions.

12.64.080 Use by minor.

12.64.010 All-terrain vehicles—Registration—Defined.

It is unlawful for any person to own, operate, rent, demonstrate or sell any all-terrain vehicle within the city without a valid all-terrain vehicle registration as required by RCW Chapter 67.32.

For the purposes of this chapter, “all-terrain vehicle” means any self-propelled vehicle capable of cross-county travel on or immediately over any one of the following or a combination thereof: land, water, snow, ice, marsh, swampland and other natural terrain. Such vehicles shall include, but are not limited to, four-wheeled vehicles, motorcycles, amphibious vehicles, ground effects or air-cushion vehicles, and any other means of land transportation deriving motive power from any sources other than muscle or wind except any vehicle designated primarily for travel on, over or in the water, farm vehicles, logging vehicles, or any military or law enforcement vehicles. (Ord. 2171 § 1, 1971)

12.64.020 Snowmobile—Registration—Defined.

It is unlawful for any person to own, operate, demonstrate or sell any snowmobile within the city without a valid snowmobile registration as required by RCW Chapter 46.10.

For the purpose of this chapter, “snowmobile” means any self-propelled vehicle capable of traveling over snow or ice which utilizes as its means of propulsion an endless belt tread, or cleats, or any combination of these or other similar means of contact with the surface upon which it is operated, and which is steered wholly or in part by skis or sled type runners, and which is not otherwise registered as, or subject to the motor vehicle excise tax in the state. (Ord. 2171 § 2, 1971)

12.64.030 Regulations—Generally.

It is unlawful for any person to operate any all-terrain vehicle or any snowmobile:

(1) At a rate of speed greater than reasonable and prudent under the existing circumstances;

(2) While under the influence of intoxicating liquor and/or dangerous or habit-forming drugs or narcotics;

(3) In a manner so as to endanger the person or property of another;

(4) Without a lighted headlight and taillight between the hours of dusk and dawn, or when otherwise required for the safety of others;

(5) Without an adequate braking device;

(6) Without a spark arrester approved by the Department of Natural Resources;

(7) Without an adequate and operating muffler device which shall effectively blend the exhaust and motor noise in such a manner as to preclude excessive or unusual noise. All-terrain vehicles, including snowmobiles, manufactured after January 4, 1973, shall effectively maintain such noise at a level of eighty-two decibels or below on the “A” scale, at one hundred feet under testing procedures as established by the Washington State Patrol; provided, however, that all-terrain vehicles, including snowmobiles, used in organized competition may use a bypass, expansion chamber or cutout device if the area has been designated as fire-safe by the appropriate agency;

(8) Upon the paved portion or upon the shoulder or inside bank or slope of any public roadway or highway, or upon the median of any divided highway, except as hereinafter provided;

(9) In any area or in such a manner as to expose the underlying soil or vegetation, or to injure, damage or destroy trees or growing crops, or to create an erosion condition. (Ord. 2171 § 3, 1971)

12.64.040 Danger to wildlife—Weapons—Prohibited.

No person shall operate an all-terrain vehicle or a snowmobile in such a way as to endanger human life or to run down or harass deer, elk, or other wildlife, or any domestic animal, nor shall he carry, transport or convey any loaded weapon in or upon, nor hunt from, any all-terrain vehicle or snowmobile. (Ord. 2171 § 4, 1971)

12.64.050 Accident—Report required.

The operator of any all-terrain vehicle or snowmobile involved in any accident resulting in injury to or death of any person or property damage to another in the estimated amount of two hundred dollars or more, or a person acting for the operator, shall submit such reports as are required under RCW Chapter 46.52 as now enacted or as hereafter amended. It is unlawful for any person required to submit such accident report to fail to do so. (Ord. 2171 § 5, 1971)

12.64.060 Use on public streets—Requirements.

It is lawful to drive or operate an all-terrain vehicle or snowmobile across public roadways, highways, streets and alleys other than limited access highways when:

(1) Traveling along a designated “snowmobile” or “all terrain vehicle” trail; or

(2) The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; and

(3) The vehicle is brought to a complete stop before entering the public roadway or highway; and

(4) The operator of the vehicle yields the right-of-way to motor vehicles using the public roadway or highway; and

(5) The crossing is made at a place which is greater than one hundred feet from any public roadway or highway intersection. (Ord. 2171 § 6, 1971)

12.64.070 Exceptions.

Notwithstanding the provisions of Section 12.64.060, it is unlawful to operate a snowmobile upon a public road or street except:

(1) When such road or street is completely covered with snow or ice, and has been closed to motor vehicular traffic during the winter months; or

(2) Where such street, road, alley, trail or way open to the public is posted to permit snowmobile use;

(3) In an emergency during the period of time when and at locations where snow upon the street or road renders travel by automobile impractical. (Ord. 2171 § 7, 1971)

12.64.080 Use by minor.

No person under twelve years of age shall operate a snowmobile or all-terrain vehicle on or across a public road, street, alley, trail or way open to the public. No person between the ages of twelve and eighteen years of age shall operate a snowmobile on or across a public road, street, trail, or way open to the public unless he has taken a snowmobile safety education course and been certified as qualified to operate a snowmobile by an instructor designated by the State Highway Commission as qualified to conduct such course and issue such a certificate, and he has on his person at the time he is operating a snowmobile evidence of such certification. (Ord. 2171 § 8, 1971)