Answers to more common Seattle law questions | Seattle 911 ? A ...

Ever wonder if a police officer can legally check your glove box during a traffic stop? What about the street under the Monorail, can you change lanes under there? What about the neighbor?s cat that keeps coming into my yard ? is that technically illegal?

These and more common Seattle law questions are answered below by people who enforce them. The questions and answers are pulled from previous posts in our Answers for Readers series.

To see the full list of questions, scroll through the question menu below. And if you?re an attorney, don?t get uptight. These questions were asked of the people who write tickets. If a reader is seriously worried about a legal question, consult a lawyer ? obviously.

Common law questions

Why don't police stop jaywalkers around Pike Place Market?

Many of those people aren't likely jaywalking. The Seattle Municipal code prohibits pedestrians from crossing an arterial street other than in a crosswalk except upon the following portions of streets within the Pike Place Market Historical District: Pike, Pine, Stewart and Virginia streets west of First Avenue Pike Place between Pike Street and Virginia Street. (seattlepi.,com file photo)

Is it legal to change lanes under the Monorail tracks?

"A motorist can change lanes under the elevated monorail guideway along Fifth Avenue, but that said, it must be done with extra caution making sure that there are no vehicles approaching in the lane to which the driver is moving," Department of Transportation spokeswoman Peg Nielsen said. "It's not impossible," Seattle Police Sgt. Sean Whitcomb said of making the lane change safely. "You just have to be incredibly cautious." (seattlepi.com file)

Is it true cop radar guns don't work in rain or darkness?

No. "Our radar and LIDAR units do work in the dark, rain and even fog," State Patrol Trooper Dan McDonald said. "It?\'s concerning that you were asked that question because those are three major conditions of limited visibility and poor driving conditions. In these conditions motorists shouldn't worry about getting caught speeding, they should naturally slow down for their safety and the safety of other motorists and pedestrians around them." LIDAR stands for light detection and ranging, and is used in place of a radar gun. (DOD/Wikimedia Commons)

Should I call 911 for disabled parking violators?

"It's probably best to use the non-emergency number if it's not an emergency," Seattle police spokesman Mark Jamieson said. That number is (206) 625-5011. Calls to police are prioritized on a numerical scale based on importance. An armed robbery in progress is a high priority, for example. A noise complaint is lower on the scale. Police can take calls for disabled parking violations through the 911 line. The call volume at a given time also affects response times. (Tdmalone/Wikimedia Commons)

What's the penalty for drinking in a movie theater?

Police say what will likely happen is the theater will ask you to leave. "If the person didn't leave, that's trespassing," Det. Jeff Kappel said. Someone is guilty of trespassing of if he or she "knowingly enters or remains unlawfully in or upon premises of another," according to the Seattle Municipal Code. Second-degree trespassing is a misdemeanor, which could lead to an arrest. Police say a theater staff also could have an officer issue a trespass warning, notifying the person that he would be arrested if he returns. Another option is that Seattle police could give a ticket for violating the city's open container law. That's a $27 fine. (seattlepi.com file)

Who pays for cops at construction sites?

"Typically it's an off-duty job," Seattle Police Officer Mark Jamieson said. "Usually a construction company or other businesses will pay to have an officer work there directing traffic and things like that." Seattle police work with Seattle Security Inc., a company that specializes in providing state-certified, off-duty Seattle officers to private citizens and businesses in the greater Seattle area. Established in 1997, SSI also has officers work other events, such as concerts and private gatherings. (seattlepi.com file)

Can police search my trunk or locked glove box?

If someone is arrested, deputies need a search warrant to look into a locked trunk or glove box, King County Sheriff's Office spokesman Sgt. John Urquhart said in 2009. "The police cannot search a locked compartment or a glove box in a car without a search warrant," he said. "If you just pull somebody over on a traffic stop, you can't search the car at all," Urquhart said. "In fact, the most recent case law says you can't search the interior of a car after an arrest on a criminal charge unless you have a reasonable belief that evidence of the crime for which the person was just arrested is in the car. But you can't search the trunk or any locked areas without a warrant." (Q4RadioGuy/Wikimedia Commons)

When are kids required to be in booster seats?

"Age 4 to 8, unless they're 4-feet-9 inches tall," State Patrol Trooper Cliff Pratt said. "Anything 4-feet 9 inches or taller should be in a safety belt." That?' also detailed in the Revised Code of Washington. In a booster seat, the "shoulder belt should cross the shoulder and the chest," Pratt said. "It should never be under the child or behind the back. The lap belt should rest low across the lap or upper thigh area, not across the stomach." (Cschirp/Wikimedia Commons)

Do cats and small pets have to stay on the owner's property?

There is not a leash law for cats, Seattle Animal Shelter Enforcement Director Don Baxter said. If the cat is just walking through a neighbor's yard there is no violation. If the cat defecates, digs up plants, scratches cars, etc. on the neighbor's property, these would be violations for which the cat could be trapped and impounded. If the upset neighbor lives in Seattle, he would need to call the shelter and request to be put on the trapping list. There is no fee for the traps, but with that there is also a waiting list that is about a month long and at times can be longer. (seattlepi.,com file)

How do I get a weapons permit here if I'm from out of state?

Washington accepts concealed pistol licenses issued by some other states, as long as the handgun is carried in accordance with Washington law, according to the state Department of Licensing. The state Attorney General's office lists those states as Arkansas, Louisiana, Michigan, Mississippi, Missouri, North Carolina, Ohio, Oklahoma and Utah. Some people can also get a non-resident concealed weapons permit in Washington. The process typically takes 60 days, and the request can be made through any law enforcement agency in the state. (seattlepi.com file)

How long can storage units legally stay on city streets?

A storage unit can stay in the street up to 120 days if the person to whom the unit belongs has a street use permit. That permit can be renewed for more time beyond the 120 days, but the cost does go up. The same permit requirement and time frame apply to a storage unit on a sidewalk. The only difference is that a permit for the sidewalk will require a five-foot clearance on the sidewalk for other users, such as pedestrians and bicyclists. Street use permits can be obtained on the 23rd floor of the Seattle Municipal Tower. (seattlepi.com file)

Like these questions and answers? Here are some commonly asked bike law questions.

Bike law questions

Can someone riding a bike receive a ticket for speeding?

Yes. Police point to section 46.61.755 of the Revised Code of Washington. That states in part: ?Every person riding a bicycle upon a roadway??shall be subject to the same duties applicable to a driver of a vehicle by this chapter [46.61]?except as to those provisions in this chapter which by their nature can have no application.? There is no specific speed violation for bicycles like there is for cars, so the speeding fine would be $103 for violating RCW 46.61.755, police say. (seattlepi.com file)

What is the fine for riding a bike without a helmet in Seattle?

Seattle police give a $103 fine. Sgt. Sean Whitcomb said officers do write tickets for that offense, but the numbers weren?t immediately available. The helmet requirement is outlined in the King County Board of Health Code, Title 9. Click here to read a PDF of that title. Seattle police and other agencies in King County can enforce the code. That authority is outlined in section 10.93 of the Revised Code of Washington. (seattlepi.com file)

Does a teen have to be licensed to bike on an arterial?

No. There aren?t age requirements for someone to ride a bike, ?and they certainly don?t have to have a permit to ride a bike,? Seattle police spokesman Mark Jamieson said. State Patrol spokesman Dan Coon also noted there is not specific age limits on bicycle riders, however there are some interstate and state routes were bicycle riders where cyclists are not allowed. People riding on those roads can get a $124 ticket. (seattlepi.com file)

What is the fine if a car is too close to a green bike box?

$124 or $194 if there?s an accident, according to Seattle police. The penalty is the same as when cars go too close to a sidewalk. Drivers are supposed to stop on the leading edge of the green bike box ? the edge closest to a car ? Seattle Department of Transportation spokesman Rick Sheridan said. This is covered in section 11.50.320 of the Seattle Municipal Code. (seattlepi.com file)

Is there a speed limit for bikes on the Burke Gilman Trail?

There is no speed limit on the trail in Seattle ? that?s why there aren?t bike speed limit signs on the trail here ? according to Parks and Recreation spokeswoman Joelle Hammerstad. But there are signs for a 15 mph speed limit on some sections of the Burke Gilman Trial. That?s regulated by section 7.12.295 of the King County Code, which Hammerstad said doesn?t apply in Seattle, according to the City Attorney?s Office. (seattlepi.com file)

Can bicyclists legally ride two in a lane?

It depends on the lane. Doubling up in a lane, defined as riding two abreast in the Seattle Municipal Code, is outlined in section 11.44.060: ?Persons operating bicycles upon a roadway or sidewalk shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. (RCW 46.61.770(2))? Section 46.61.770(2) of the Revised Code of Washington states: ?Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.? The fine is $103, police spokesman Jeff Kappel said. (seattlepi.com file)

Do bikes or people have the legal Burke-Gilman right-of-way?

Bicyclists should yield to pedestrians, according to city spokespeople. Section 11.44.120 of the Seattle Municipal Code ? as well as the county code and state code ? states bicyclists are responsible for the safe operation of their vehicle, according to the city Department of Transportation Web site. (seattlepi.com file)

Aren?t bicyclists required to walk at crosswalks?

The law doesn?t require that. Section 46.61.235 of the Revised Code of Washington states only that, ?No pedestrian or bicycle shall suddenly leave a curb or other place of safety and walk, run, or otherwise move into the path of a vehicle which is so close that it is impossible for the driver to stop.? (seattlepi.com file)

Why don?t police arrest more Critical Mass cyclists?

Seattle police don?t exactly have a hands-off policy, but they?re not going to devote significant resources to the regular act of civil disobedience, spokesman Mark Jamieson said. A few officers are often at the protests to make sure they stay peaceful. Most annoy drivers, but don?t have major disruptions. Police can step in when needed. (seattlepi.com file)

Is it legal for bikers ?riding the line? of bike lanes?

?There is no specification for where to ride in a bike lane,? Bellevue Police spokesman Greg Grannis said. ?Common sense and safety should dictate that the bicyclist would want to stay actually in the bike lane.? He recommended bike riders ride as close to the right side of the right lane as safely possible on regular lanes. They can also ride on the left side of the far left lane, if desired, on a one-way street, he said. Grannis pointed readers to RCW 46.61.770 for further information. (seattlepi.com file)

Who has the right of way on sidewalks, bikes or people?

Every person riding a bike on a sidewalk or public path shall yield the right of way to a pedestrian and must give an audible signal before overtaking and passing any pedestrian, Seattle police spokesman Jeff Kappel said. Riders who don?t violate a city ordinance, though statistics on how often riders were ticketed were not immediately available. Kappel pointed out the right-of-way issue on sidewalks is specified in Seattle Municipal Code 11.44.120. (seattlepi.com file)

Is it illegal to drive in bicycle lanes?

Yes, it is illegal, Seattle police spokesman Mark Jamieson said. His answer is spelled out in Seattle Municipal Code 11.53.190 regarding driving in a bicycle lane: ?The operator of a motor vehicle shall not drive in a bicycle lane except to execute a turning maneuver, yielding to all persons riding bicycles thereon.? Police did not have immediately have statistics on how often people are cited for violating this law, but said drivers who don?t could face a $124 ticket. (seattlepi.com)

Is car-to-sidewalk switch on bikes legal?

Bicyclists in the street have to stop at stop signs and obey traffic laws just as motor vehicles would. But it?s legal for bicyclists to ride on the sidewalk. They must, however, yield to pedestrians and make a sound signal before passing someone on foot. So in the case with the red light mentioned above, the cyclist is not doing anything illegal. Police point out that if there is a red light, there also likely is a well-marked crosswalk for the bicyclist. (seattlepi.com)

Can Vespas legally travel in bike lanes?

Only for turning, Seattle police said. Department spokesman Mark Jamieson referred to Seattle Municipal Code 11.53.190, regarding driving in a bicycle lane: ?The operator of a motor vehicle shall not drive in a bicycle lane except to execute a turning maneuver, yielding to all persons riding bicycles thereon,? the code states. If drivers get busted for traveling in the bike lane, they could face a $124 fine. Police say it doesn?t matter how small the motor on the scooter may be. If it has one, police don?t considered it a bike. (seattlepi.com file)

Are bicyclists allowed on Aurora Avenue North?

Bicyclists are allowed to ride on Aurora Avenue North and the bridge. ?It?s not very smart,? Seattle police spokeswoman Renee Witt said, ?but it?s not against the law.? Some bicyclists, however, don?t share that view. A bike map designed by the Seattle Department of Transportation does not list the bridge or Aurora Avenue North as a commonly used street. Lane width on the bridge from west to east is 10 feet, 9 feet, 9.5 feet, 9.5 feet, 9 feet and 10 feet. The speed limit is 40 miles per hour, though drivers often break that. (seattlepi.com file)

Are electric bikes allowed on Burke-Gilman Trail?

No, city officials say. They?re not allowed because the Burke-Gilman Trail is intended for people-powered transportation, Seattle Parks and Recreation Department spokeswoman Dewey Potter said. ?It is a rule and not a law, and there is some expectation that people will respect their fellow pedestrians and cyclists,? she said. Motorized foot scooters also are not allowed in bicycle lanes or on park pathways intended for recreation, according to the Seattle Department of Transportation. That includes the Burke-Gilman Trail. Someone busted for riding an electric-powered scooter on some public trails would likely get a $124 ticket for violating a Washington Administrative Code. (seattlepi.com file)

For more Seattle police and crime news visit the front page of the Seattle 911 blog.

Casey McNerthney can be reached at 206-448-8220 or caseymcnerthney@seattlepi.com. Follow Casey on Twitter at twitter.com/mcnerthney.

Source: http://blog.seattlepi.com/seattle911/2012/07/22/answers-to-more-common-seattle-law-questions/

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