Chapters:
10.04 Model Traffic Ordinance
10.20 Weight Limits
10.44 Stopping, Standing and Parking
10.52 Railroad Crossings
10.64 Vehicle Speed
10.68 Motor Vehicle Brake Restriction
10.88 Abandoned Vehicles
10.92 Toy Vehicles
10.96 On or Off Road Vehicles
Sections:
10.04.010Adoption by reference of WAC Chapter 308-330.
10.04.030Filing of Model Traffic Ordinance.
10.04.040Adoption by reference of RCW Chapter 47.50.
10.04.050Impoundment of vehicle where driver is arrested—Period of impoundment.
The “Washington Model Traffic Ordinance,” Chapter 308-330 Washington Administrative Code, including amendments subsequent hereto, is adopted by reference as and for the traffic ordinance of this city as though set forth in full in this chapter. (Ord. 1205 § 2, 1994)
Incident to the adoption of the Model Traffic Ordinance by reference, by the ordinance codified in this chapter, copies of the text of the adopted Model Traffic Ordinance and of other adopted statutes shall be filed as required by RCW 35.21.180 for use and examination by the public. (Ord. 1205 § 4, 1994)
A. RCW Chapter 47.50 is adopted by reference to
provide for the regulation and control of vehicular access and connection
points of ingress to, and egress from, the state highway system within the
incorporated area of the city of
B. Pursuant to the requirements and authority of RCW 47.50, the provisions of Chapter 468-51 and Chapter 468-52 of the Washington Administrative Code, together with all future amendments, are adopted by reference in order to implement the requirements of Chapter 47.50 RCW. (Ord. 1229-95 §§ 1, 2, 1995)
A. Impoundment Authorized When.
1. Whenever the driver of a vehicle is arrested for a violation of RCW 46.20.005, 46.20.015, 46.20.342(1), 46.20.420, 46.61.502 or 46.61.504, the vehicle is subject to impoundment at the direction of a police officer.
2. Whenever the driver of a vehicle is arrested or cited for a violation of RCW 46.20.005, 46.20.015, 46.20.342(1), 46.20.420, 46.61.502 or 46.61.504, then the vehicle may be released as soon as all the requirements of subsection (B)(1) of this section are satisfied.
3. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(c) and the Washington Department of Licensing’s records show that the driver has been convicted one time of a violation of RCW 46.20.342 or similar local ordinance within the past five years, the vehicle shall be impounded for fifteen days.
4. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(c) and the Washington Department of Licensing’s records show that the driver has been convicted two or more times of a violation of RCW 46.20.342 or similar local ordinance within the past five years, the vehicle shall be impounded for thirty days.
5. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of Licensing’s records show that the driver has not been convicted of a violation of RCW 46.20.342(1)(a) or (b) or similar local ordinance within the past five years, the vehicle shall be impounded for thirty days.
6. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of Licensing’s records show that the driver has been convicted one time of a violation of RCW 46.20.342(1)(a) or (b) or similar local ordinance once within the past five years, the vehicle shall be impounded for sixty days.
7. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of Licensing’s records show that the driver has been convicted of a violation of RCW 46.20.342(1)(a) or (b) or similar local ordinance two or more times within the past five years, the vehicle shall be impounded for ninety days.
B. Redemption of Impounded Vehicles. Vehicles impounded by the city shall be redeemed only under the following circumstances:
1. Only the registered owner, a person authorized by the registered owner, or one who has purchased the vehicle from the registered owner, who produces proof of ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to subsection A of this section must prior to redemption establish that he or she has a valid driver’s license and is in compliance with RCW 46.30.020. A vehicle impounded pursuant to subsections (A)(3) to (A)(7) of this section can be released only pursuant to a written order from the court.
2. Any person so redeeming a vehicle impounded by the city shall pay the towing contractor for costs of impoundment removal, towing and storage prior to redeeming such vehicle, except as provided for by subsection (B)(3) of this section. Such towing contractor shall accept payment as provided in RCW 46.55.120(1)(b) as now or hereafter amended. If the vehicle was impounded pursuant to subsection A of this section and was being operated by the registered owner when it was impounded, it may not be released to any person until all penalties, fines or forfeitures owed by the registered owner have been satisfied.
3. The Municipal Court is authorized to release a vehicle impounded pursuant to subsections (A)(3) through (A)(7) of this section prior to the expiration of any period of impoundment upon petition of the spouse of the driver based on economic or personal hardship to such spouse resulting from the unavailability of the vehicle and after consideration of the threat to public safety that may result from release of the vehicle including, but not limited to, the driver’s criminal history, driving record, license status, and access to the vehicle. If such release is authorized, the person redeeming the vehicle still must satisfy the requirements of subsections (A)(1) and (A)(2) of this section.
4. Any person seeking to redeem a vehicle impounded as a result of a parking or traffic citation has a right to a Municipal Court hearing to contest the validity of an impoundment or the amount of removal, towing and storage charges if such request for hearing is in writing, in a form approved by the Municipal Court and signed by such person, and is received by the Municipal Court within ten days (including Saturdays, Sundays and holidays) of the date the notice was given to such person by the registered tow truck operator pursuant to RCW 46.55.120(2)(a). Such hearing shall be provided as follows:
a. If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under subsection A of this section, have been satisfied, then the impounded vehicle shall be released immediately and a hearing as provided for in subsection C of this section shall be held within ninety days of the written request for hearing.
b. If not all of the requirements to redeem the vehicle, including expiration of any period of impoundment under subsection A of this section, have been satisfied, then the impounded vehicle shall not be released until after the hearing provided pursuant to subsection C of this section, which shall be held within two business days (excluding Saturdays, Sundays and holidays) of the written request to the court for hearing.
c. Any person seeking a hearing who has failed to request such hearing within the time specified in subsection (A)(4) of this section may petition the Municipal Court for an extension of time to file a request for hearing. Such extension shall only be granted upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed. For the purposes of this section, good cause shall be defined as circumstances beyond the control of the person seeking the hearing that prevented such person from filing a timely request for hearing. In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with this chapter.
d. If a person fails to file a timely request for hearing and no extension to file such a request has been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment are deemed to be proper, and the city shall not be liable for removal, towing and storage charges arising from the impoundment.
C. Post-Impoundment Hearing Procedure. Hearings requested pursuant to subsection B of this section shall be held in the Municipal Court, which court shall determine whether the impoundment was proper and whether the associated removal, towing, and/or storage fees were proper.
1. At the hearing, an abstract of the driver’s driving record is admissible without further evidentiary foundation and is prima facie evidence of the status of the driver’s license, permit or privilege to drive, and that the driver was convicted of each offense shown on the abstract. In addition, a certified vehicle registration of the impounded vehicle is admissible without further evidentiary foundation and is prima facie evidence of the identity of the registered owner of the vehicle.
2. If the impoundment is found to be proper, the court shall enter an order so stating. In the event that the costs of impoundment, removal, towing and storage have not been paid or any other applicable requirements of subsection (A)(2) of this section have not been satisfied or any period of impoundment under subsection A of this section has not expired, the court’s order shall also provide that the impounded vehicle shall be released only after payment to the city of any fines imposed on any underlying traffic or parking infraction and satisfaction of any other applicable requirements of subsection (A)(2) of this section.
3. If the impoundment is found to be improper, the court shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment have already been paid, the court shall enter judgment against the city and in favor of the person who has paid the costs of impoundment in the amount of the costs of the impoundment.
4. In the event that the court finds that the impound was proper, but that the removal, towing and/or storage fees charged for the impoundment were improper, the court shall determine the correct fees to be charged. If the costs of impoundment have been paid, the court shall enter a judgment against the city and in favor of the person who has paid the costs of impoundment for the amount of the overpayment.
5. No determination of facts made at a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution and such determination shall not preclude litigation of those same facts in a subsequent criminal prosecution.
6. As to any impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.420, if it is determined to be improper, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records of the department in ascertaining that the operator of the vehicle had a suspended or revoked driver’s license. (Ord. 1332-99 §§ 1—3, 1999)
Sections:
10.20.010Purpose.
10.20.020Investigation of street conditions.
10.20.030Truck routes designated.
10.20.040Truck access routes designated.
10.20.050Penalty for violations.
10.20.060Enforcement.
This chapter is deemed necessary for the safety, convenience and welfare of the general public of the city. (Ord. 735 § 1, 1973)
The superintendent of public works is hereby directed to make investigations from time to time of the conditions of city streets and roads and to consult with city officers responsible for maintenance of the streets and roads, to determine the necessity for temporary closure or the limiting of vehicle weights traversing the streets or roads during periods of freezing, thawing, or water saturation. (Ord. 735 § 2, 1973)
City streets forming a part of the city truck route are designated as follows (and illustrated on the attached diagram):
A. All of Highway 20 within city limits:
1.
3.
B. All of
C. All of
D. All of Highway 9 within city limits;
E.
F. All of
G.
H. All of
I. All of
K. All of
M. Metcalf Street, north of
N. All of
O.
All trucks exceeding twenty-five thousand pounds gross weight originating within or without the city limits and terminating within the city limits, traveling to or from a recognized truck service center, or making local deliveries, shall use the most direct route possible to utilize the designated truck routes. The following streets (and illustrated on the attached diagram) designated as “truck access routes” may be specifically used in gaining access to truck routes:
A. All of Highway 20 within city limits:
3.
B. All of
C. All of
D. All of Highway 9 within city limits;
E.
F. All of
G.
H. All of
I. All of
K. All of
M. Metcalf Street, north of
N. All of
O.
Any person who violates any regulation of the superintendent of public works made pursuant to this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment for not more than ninety days or by a fine of not more than three hundred dollars, or by both such fine and imprisonment. (Ord. 735 § 5, 1973)
Enforcement of this chapter shall be under the jurisdiction of the police department. (Ord. 735 § 6, 1973)
Sections:
10.44.010 Parking prohibited during certain hours on
certain streets.
10.44.020 Parking prohibited on portions of
10.44.030 Residential parking zones—Authority.
10.44.040 Residential parking zones—Violation.
10.44.050 Residential parking zones—Abuse of
privileges.
10.44.060 Residential parking zone—Exclusive use by
residents—Designation of zones.
10.44.080 Making business deliveries on
10.44.090 Painting parking areas.
10.44.100 Parking on
10.44.110 Division into parking stalls.
10.44.120 No parking on north side of certain
streets.
10.44.130 No parking signs on north side of certain
streets.
10.44.150 Parking while street is posted or
barricaded against parking.
10.44.160 Parking on
10.44.170 Parking on certain streets during certain
hours.
10.44.175 No parking on SR 9, SR 20, and
10.44.180 Loitering prohibited in city-owned parking
lots.
10.44.190 City-owned parking lots to post hours.
10.44.200 Presumption
as to illegal parking.
10.44.210 Infractions, penalty and procedure.
* Prior history: Ords.
365, 459, 601, 804 and 861.
When signs are erected giving notice thereof, no person shall park a vehicle between the hours and/or days specified on such signs. Any vehicle parked in violation of this section shall be subject to immediate impoundment of the vehicle at the owner’s expense in addition to any other penalty provided by this chapter. (Ord. 1581-07 § 1 (part), 2007)
No person shall park a vehicle at any time on:
|
Street |
Extent of Restriction |
Side of Street |
|
Northern Street |
Monday to Thursday |
Both sides between Metcalf and Puget as identified on Exhibit A* attached to the ordinance codified in this chapter |
|
|
Monday to Thursday |
West side, 50 feet from NW corner of Puget and Northern Streets |
|
|
All days, all hours |
South side from |
* Approximate location
of restricted parking shown on Exhibit A; placement of restricted parking signs
or other markings will control the actual location of restricted parking areas
for enforcement.
(Ord. 1581-07 § 1 (part), 2007)
The city may, at its discretion, establish a restricted parking zone in an area where any of the following instances occur:
A. On-street parking is reserved for the exclusive use of residents in prescribed vicinity, their visitors, and service vehicles serving such residents.
B. On-street parking is reserved during certain posted hours for such exclusive use and available at all other times without restrictions.
C. Time limits are established for on-street parking which apply to all vehicles owned or used by such residents, their visitors, or service vehicles serving such residents.
In any restricted parking zone, the city may issue permits or other means of identification, maintain lists of vehicles used by residents, or adopt any other reasonable means of distinguishing vehicles that may validly be parked in any restricted parking zone from other vehicles. The establishment of restricted parking zones shall not limit parking of vehicles displaying special license plates or placard pursuant to RCW 46.16.381. Restricted parking zones shall be appropriately signed and/or marked. The city clerk-treasurer is authorized to promulgate rules regarding the issuance of permits. (Ord. 1581-07 § 1 (part), 2007)
No person shall stop, stand, or park a vehicle in violation of the posted or marked restrictions or when a permit or other authorization issued by the city is required as a condition for parking, unless the same permit or other authorization or special license plates or placard issued pursuant to RCW 46.16.381 is displayed in a prominent place on the vehicle. (Ord. 1581-07 § 1 (part), 2007)
No person shall, for any valuable consideration, offer or agree to authorize or permit any person to park a vehicle in any residential parking zone. No person shall for any valuable consideration transfer or authorize to the use of any permit or other identification issued by the city authorizing a vehicle to park in any residential parking zone.
Any person to whom a permit or other authorization is granted to park in a residential parking zone shall be strictly liable for the compliance with its terms and conditions and complying with all applicable ordinances. In any of the following instances, such permit or other authorization issued shall be revoked if any person to whom such permit is issued or granted:
A. Offers or agrees to authorize or permit any person to park a vehicle in any restricted parking zone for any monetary consideration; or
B. Transfers for money the use of any permit or other identification issued by the city authorizing a vehicle to park in any restricted parking zone; or
C. Allows any person under their control to perform the acts contained in subsection A or B of this section; or
D. Allows a permit or other authorization issued to them to be used.
No new permit will be issued or other authorization granted to such person for a period of one year. (Ord. 1581-07 § 1 (part), 2007)
Upon the following streets, no vehicle shall be parked at any time except those vehicles with a permit or other authorization issued by the city as required as a condition for parking or a special license plate or placard issued pursuant to RCW 46.16.381 is displayed in a prominent place on the vehicle.
|
Street |
Extent of Restriction |
Side of Street |
|
Metcalf |
Monday to Friday |
Both sides from Nelson to Talcott |
|
|
Monday to Friday |
Both sides from Fidalgo to Jameson and east side from Jameson to Bennett and east side from Talcott to alley between Talcott and Nelson and west side from Talcott to Nelson |
|
|
Monday to Friday |
Both sides from Fidalgo to Bennet and east side from Bennett to Talcott and west side from Talcott to the alley between Talcott and Nelson |
|
|
Monday to Friday |
West side from Jameson to Talcott |
|
|
Monday to Friday |
Both sides from Walley to |
|
|
Monday to Friday |
North side from Walley to |
|
|
Monday to Friday |
Both sides from |
|
|
Monday to Friday |
Both sides from |
(Ord. 1583-07 § 1, 2007: Ord. 1581-07 § 1 (part), 2007)
It is unlawful for the owner or operator of
any motor vehicle to make deliveries of goods, wares and merchandise therefrom
to the front entrance of any business establishment on
The street superintendent shall keep parking
areas painted on either side of Metcalf and Murdock Streets between
It is unlawful for the owner or operator of any vehicle to park or stand such vehicle within any of the parking areas on Metcalf Street within the city, if such vehicle is of such length or if it is parked in such manner that it extends more than two feet beyond the limits of the parking area into the traffic area. (Ord. 1243-95 § 1 (part), 1995)
The street superintendent shall divide with painted parallel lines the parking area on all of the streets except State Street into parking stalls of sufficient width to accommodate an automobile parked at an angle of forty-five degrees with the curb, and it shall be the duty of the owner and/or operator of every motor vehicle parked on the streets above designated upon which parking stalls have been painted under the direction of the street superintendent, to so park such motor vehicle that it shall be parallel with the marginal lines of such parking stalls, and wholly within the limits of a single parking stall, and with the right front when of such motor vehicle touching the curb. (Ord. 1243-95 § 1 (part), 1995)
Hereafter no person shall park any automobile, truck, wagon, trailer or other vehicle at any time on the north side any street or highway running east and west, or generally east and west, in the city, where there are curbstones on both sides of the street, and the distance between curbstones is twenty-four feet, or less, measured at right angles. (Ord. 1243-95 § 1 (part), 1995)
The police chief shall erect at least one sign suitably worded on the north side of all streets where parking is forbidden hereby, or in the alternative, or at the same time, cause the curbstone on the north side of such streets to be painted or otherwise marked to indicate that parking is not permitted. (Ord. 1243-95 § 1 (part), 1995)
It is unlawful for any person to park or leave any automobile, motorcycle, bicycle, wagon, team or other vehicle, on any part or portion of any street, alley, sidewalk or other public place in the city, for any period during the time the same may have been blocked off and posted or barricaded against parking by the police, street, fire or other departments of the city, for the purpose of aiding in the cleaning and repairing of, and in aid of the safety of the public on any such street or public place. (Ord. 1243-95 § 1 (part), 1995)
It is unlawful for any person to park or leave any automobile or other vehicle on any part of Metcalf Street in the city, between State Street and Northern Avenue, for any period of time whatsoever on any day between the hours of two a.m. and six a.m. (Ord. 1243-95 § 1 (part), 1995)
It is unlawful for any person to park any motor or other vehicle continuously for longer periods of time, between the following hours, on any of the following streets or portions of streets, except on Sundays and legal holidays:
A. Metcalf Street between
B.
C. West side of Murdock Street between State and Ferry Streets, between nine a.m. and six p.m., except such portion as may be designated by the city council as open for unlimited parking, three hours;
E. Woodworth Street between
G. North Reed Street between John Liner Road and Sapp Road, between nine a.m. and six p.m., three hours;
H. In the four or other number of parking stalls designated by the city council on the south side of Woodworth Street in front of the post office, between nine a.m. and six p.m., fifteen minutes;
No person shall park any automobile, truck, wagon, trailer or other vehicle at any time on State Route 9 (SR 9) and State Route 20 (SR 20) (including those portions of SR 9 and SR 20 which are also known as North Township Street and Moore Street, respectively), and Sapp Road, within the corporate limits of the city of Sedro-Woolley, except in approved parking spaces which are designated by signage or striping as such. (Ord. 1480-04 § 2, 2004)
It is unlawful for any person to loiter, gather or otherwise remain in a parking lot owned and/or operated or leased by the city, between the hours of ten p.m. and six a.m. unless otherwise authorized by resolution of the city council. (Ord. 1243-95 § 1 (part), 1995)
Each parking lot owned, operated or leased by the city for parking of the public shall have posted the hours of use as designated by resolution of the city council. (Ord. 1243-95 § 1 (part), 1995)
A. In any prosecution charging a violation of any law, regulation or ordinance governing the stopping, standing or parking of a vehicle, proof that the particular vehicle described in the citation or complaint was stopping, standing or parking in violation of any such law, regulation or ordinance, together with proof that the defendant named in the citation or complaint was at the time of the citation or complaint the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed the vehicle at the point where, and for the duration which, such violation occurred.
B. The foregoing presumption shall only apply when the procedure as prescribed in WAC 308-330-720 and 308-330-730, adopted by Chapter 10.04 (Model Traffic Ordinance) has been followed. (Ord. 1243-95 § 2, 1995)
Violation of this chapter shall constitute a civil infraction pursuant to RCW Chapter 46.63. The provisions RCW Title 46.63, the applicable Washington Court Rules as established by the Washington Supreme Court, and any applicable local court rules, shall govern the disposition of infractions. The penalty shall be as set forth by local court rule and the Infraction Rules for Courts of Limited Jurisdiction. Washington Court Rules, as adopted by the Washington State Supreme Court, and amendments thereto. (Ord. 1243-95 § 3, 1995)
Sections:
10.52.070 Trains at street intersections.
It
is unlawful for any person, company, or corporation owning or operating any
line of railroad within, through or across the city limits, or the territory
embraced therein, or any agent or employee of any such person, company, or
corporation, to place, cause or permit to be placed, any locomotive, car or cars,
or any railway coach in his or its possession or control at or upon any of the
street crossings, or points where any such railroad intersects, or crosses any
of the streets of the city, so as to obstruct, or in any manner interfere with
public travel upon any such street or streets at any such crossings, for a period
of ten minutes at any one time; provided that, this section shall apply only to
such streets as are in actual use as public highways.
Any
person, company, corporation or any of the agents or employees thereof who
violates any of the provisions of this section shall be guilty of a misdemeanor,
and upon conviction thereof shall be fined in any sum not less than five
dollars, nor more than one hundred dollars, and shall be adjudged to pay all costs
of prosecution. (Town Ord. 14, §§ 1, 2, 1899)
Sections:
10.64.110
10.64.120
10.64.130
On
Washington State Route Twenty (SR-20) from the westerly city limits (SR-20 mile
post 63.73), to the easterly city limits of Sedro-Woolley along such highway
(SR-20 mile post 66.29), the speed limit shall be thirty-five miles per hour.
(Ord. 1455-03 § 4, 2003: Ord. 784 § 2, 1975)
On
On
Washington State Route Nine (SR-9) from the intersection
of Washington State Route Twenty (SR-20), and Washington State Route
Nine (SR-9) at Township Street and Moore Street, north along SR-9 to the
intersection with McGarigle Road (SR-9 mile post 57.43), the speed limit shall
be twenty-five miles per hour, except when otherwise posted as a school zone.
On
Washington State Route Nine (SR-9) from the intersection with McGarigle Road,
(SR-9 mile post 57.43) to the north city limits (SR-9 mile post 58.24) along
Highway SR-9, the speed limit shall be thirty-five miles per hour. (Ord.
1455-03 § 5, 2003: Ord. 936 § 2, 1980; Ord. 784 § 3, 1975)
No
person shall drive a vehicle at a speed in excess of twenty miles per hour on
Sections:
10.68.010 Definitions.
10.68.020 Nuisance
declared.
10.68.030 Prohibited
brakes.
10.68.040 Violation—Penalty.
For use in this chapter:
A. “Brake” is defined to mean any device used for slowing, halting, or stopping the movement of any vehicle.
B. “Motor vehicle” is defined to mean and include automobiles, tractors, trucks, trailers and transportation equipment of all kinds and sizes or any combinations of the foregoing. (Ord. 941 § 1, 1980)
The use within the corporate limits of the city of motor vehicle brakes which are activated or worked by the compression of the engine of the motor vehicle disturbs and disrupts the public peace and quiet and disturbs the residents of the town in their rest and in the enjoyment of their property, and by reason thereof, the city council finds that the use of such brakes within the corporate limits of the city is a public nuisance. (Ord. 941 § 2, 1980)
The use within the corporate limits of the city of a motor vehicle which brake is in any way activated or worked by the compression of the engine of any such motor vehicle of any unit or part thereof. (Ord. 941 § 3, 1980)
Any person who violates any of the provisions of this chapter and any person, firm, or corporation who allows or permits any motor vehicle owned and/or operated by it in violation of any of the provisions hereof shall have committed a civil infraction. Procedure for issuance of a notice of infraction and the processing thereof in the courts shall be as set forth for traffic infractions pursuant to the justice court traffic infraction rules as now or hereafter promulgated by the Washington State Supreme Court or local court rules. The penalty for violation shall be a fine of not more than three hundred dollars. (Ord. 1534-05 § 1, 2005: Ord. 941 § 5, 1980)
Sections:
10.88.010Purpose.
10.88.020Definitions.
10.88.030Enforcement authority.
10.88.040Abatement of junk vehicles.
10.88.050Determination of responsibility.
10.88.060Abatement.
10.88.070Costs of abatement.
10.88.080Exceptions.
10.88.090Temporary permit.
10.88.100Violation—Penalty.
* Prior ordinance history: Ords. 703, 749 and 803.
It is the purpose of this chapter to:
A. Establish procedures for the abatement and removal of junk vehicles and parts thereof as public nuisance pursuant to RCW 46.55.240;
B. Decrease the likelihood of criminal conduct associated with junk vehicles;
C. Enhance the aesthetic qualities of Sedro-Woolley;
D. Conserve and stabilize property values;
E. Reduce the inherent public health and safety problems associated with junk vehicles. (Ord. 1286-97 § 1 (part), 1997)
For purposes of this chapter, the following definitions shall be applicable:
A. “Junk vehicle” means a motor vehicle certified under RCW 46.55.230 as meeting at least three of the following requirements:
1. Is three years old or older;
2. Is extensively damaged, such damage including, but not limited to any of the following: a broken window or windshield or missing wheels, tires, motor, or transmission;
3. Is apparently inoperable; and
4. Has a fair market value equal only to the value of the scrap in it.
B. “Vehicle” means every device capable of being moved upon a roadway and in, upon, or by which any person or property is or may be transported or drawn upon a roadway, and includes, without limitation, automobiles, trucks, trailers, motorcycles and tractors, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. “Vehicle” shall include part or parts thereof. (Ord. 1286-97 § 1 (part), 1997)
The Sedro-Woolley police chief or his designee shall enforce this chapter and shall be responsible for the abatement and removal of any junk vehicle or part thereof as a public nuisance. (Ord. 1286-97 § 1 (part), 1997)
A. The storage or retention of junk vehicles on public or private property, including public right-of-way, is declared to constitute a public nuisance subject to abatement and disposal. The Sedro-Woolley police chief or his designee may inspect and certify that a vehicle meets the requirements of a junk vehicle. The officer making the certification shall record the make and vehicle identification number or license number of the vehicle if available, and shall also describe in detail the damage or missing equipment to verify that the value of the vehicle is equivalent only to the value of scrap in it.
B. If the officer determines that a vehicle is a junk vehicle, the officer shall provide notice to the last registered owner of record of the vehicle shown on the records of the Washington State Department of Licensing and the property owner of record of the property upon which the vehicle is located, by certified mail, with a five-day return receipt requested, that a hearing on the abatement of the junk vehicle as a public nuisance may be requested and that if no hearing is requested within fifteen days of the date of the mailing the notice, the vehicle will be removed.
C. If a written request for a hearing is received within fifteen days, a notice, giving the time, location, and date of the hearing on the question of abatement and removal of the vehicle or part thereof, as a public nuisance shall be mailed, by certified mail, with a five-day return receipt requested: to the owner of the land as shown on the last equalized assessment roll and the last registered and legal owner of record unless a vehicle is in such condition that identification number are not available to determine ownership.
D. The hearing shall be conducted before the city council, or before a hearing examiner appointed by the city council, at least two weeks after the date of mailing the notice of hearing. (Ord. 1286-97 § 1 (part), 1997)
The owner of the property on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his or her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, the cost of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located, nor can the costs be collected from the property owner. (Ord. 1286-97 § 1 (part), 1997)
After notice has been given of the city’s intent to abate, remove, or dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of the Sedro-Woolley chief of police or his departmental designee and disposed of by a licensed vehicle wrecker, hulk hauler, or scrap processor with notice to the Washington State Patrol and the Washington State Department of Licensing that the vehicle has been wrecked. (Ord. 1286-97 § 1 (part), 1997)
Subject to the provisions of Section 10.88.050 of this chapter, the cost of abatement and removal of the vehicle or part thereof under this chapter including the costs of administration and hearing shall be assessed against the last registered owner of the vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle had complied with RCW 46.12.101, or the cost may be assessed against the owner of the property on which the vehicle is stored. (Ord. 1286-97 § 1 (part), 1997)
This chapter shall not apply to:
A. Any vehicle or hulk or part thereof stored or parked in a lawful manner on private property, which is completely enclosed within a building or sight-obscuring fence, and is not visible from the street or other public or private property; or
B. Any vehicle or hulk or part thereof stored or parked in the lawful manner on private property in connection with the legal business of a licensed dismantler, motor vehicle wrecker, junk salvage/wrecking yard or licensed vehicle dealer, located on appropriately zoned property and fenced in accordance with the provisions of RCW 46.80.130; or
C. Any vehicle or hulk or part thereof stored or parked in a lawful manner on private property, for which the Sedro-Woolley police chief or his designee has issued a permit as provided in Section 10.88.090 of this chapter. (Ord. 1286-97 § 1 (part), 1997)
The owner of a single-family residence may obtain a temporary permit from the Sedro-Woolley police chief or his designee to store or park in a lawful manner on private property a vehicle or hulk or part thereof, for the purpose of restoration, repair, or disassembly for parts, for noncommercial purposes. A permit shall be valid for not more than sixty days, and shall not be renewed. No more than one permit may be issued for each single-family residence in any calendar year. No fee shall be charged for this permit. A permit shall not be issued for any junk vehicle for which a notice has been issued pursuant to Section 10.88.040 of this chapter. (Ord. 1286-97 § 1 (part), 1997)
Any person
committing or permitting a public nuisance pursuant to Section 10.88.040 of
this chapter shall be guilty of an infraction and shall be punished by the
imposition of a monetary penalty of not more than two hundred fifty dollars.
This civil penalty is in addition to any other abatement action, and not in
lieu thereof. (Ord. 1286-97 § 1
(part), 1997)
Chapter 10.92
Sections:
10.92.010 Definitions.
10.92.020 Bicycles prohibited on central business districts sidewalks.
10.92.030 Traffic regulations.
10.92.040 Speed.
10.92.045 Motorized foot scooters—General requirements and operation.
10.92.050 Prohibited areas.
10.92.055 Helmet required—Defined.
10.92.060 Exception.
10.92.065 Traffic laws apply to persons operating motorized foot scooters.
10.92.070 Violation—Penalty.
* Prior ordinance history: Ord. 1042.
The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section:
A. “Skateboard” means a foot board mounted upon wheels and is usually propelled by the user who sometimes stands, sits, kneels or lays upon the device while it is in motion.
B. “Roller skate” means a pair of shoes, mounted upon wheels and is most often propelled by the user in an upright, standing position or kneeling.
C. “Coaster” means a foot board mounted upon two or more wheels and controlled by an upright steering handle. This device is propelled by the user in usually an upright position.
D. “Bicycle” means a two-wheeled cycle pro-pelled by pedals.
E. “Tricycle” means a three-wheeled cycle pro-pelled by pedals.
F. “To operate in a negligent manner” means the operation of one or more of the above-described devices in such a manner as to endanger or be likely to endanger any person or property. Examples of operating in a negligent manner include, but are not limited to, failure to obey all traffic control devices and failure to yield right-of-way to