11.74.160 - Driving a vehicle capable of dropping obstacles or debris prohibited
A. 1.
No vehicle shall be driven or moved on any street or alley unless such vehicle is so constructed or loaded as to prevent any of the load from dropping, sifting, leaking, or otherwise escaping, except that sand may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a roadway in the cleaning or maintaining of such roadway by the public authority having jurisdiction.
2. No person may operate on any street or alley any vehicle with any load unless the load and such covering as required thereon by subsection 11.74.160.A.3 is securely fastened to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the street or alley.
3. Any vehicle operating on a paved street or alley with a load of dirt, sand, or gravel susceptible to being dropped, spilled, leaked, or otherwise escaping therefrom shall be covered so as to prevent spillage. Covering of such loads is not required if 6 inches of freeboard is maintained within the bed.
B. 1.
A person is guilty of failure to secure load in the first degree if he or she negligently fails to secure a load or part of a load to his or her vehicle in compliance with subsection 11.74.160.A and causes substantial bodily harm to another.
2. "Negligently" has the same meaning as in subsection 12A.04.030.D.
3. "Substantial bodily harm" has the same meaning as in RCW 9A.04.110.
4. Failure to secure load in the first degree is a gross misdemeanor.
C. 1.
A person is guilty of failure to secure load in the second degree if he or she negligently fails to secure a load or part of a load to his or her vehicle in compliance with subsections 11.74.160.A.1 or 11.74.160.A.2 and causes damage to property of another.
2. "Negligently" has the same meaning as in subsection 12A.04.030.D.
3. "Damage" has the same meaning as in Section 12A.08.010.
4. "Property of another" has the same meaning as in Section 12A.08.010.
5. Failure to secure load in the second degree is a misdemeanor.
D. A person who fails to secure a load or part of a load to his or her vehicle in compliance with subsection 11.74.160.A is guilty of an infraction if such failure does not amount to a violation of subsection 11.74.160.B or 11.74.160.C.
(Ord. 122742, § 29, 2008; Ord. 116708, § 2, 1993; Ord. 108200, § 2(11.74.160), 1979.)