Chapter 9.12
PARKING
Sections:
9.12.010 Definitions.
9.12.020 Abandoning vehicles on public property.
9.12.030 Impoundment of vehicles in violation.
9.12.040 Notice of infraction.
9.12.050 Presumption of violation.
9.12.010 Definitions.
As used in this chapter:
A. "Animal trailers" means any trailer or semi-trailer constructed and/or designed primarily to transport or carry animals.
B. "Boat trailer" means any trailer or semitrailer constructed and/or designed primarily to transport or carry boats.
C. "Cargo trailer" means any trailer or semitrailer constructed and/or designed to transport cargo.
D. "Commercial vehicles" means any vehicle designed and/or used for commercial purposes.
E. "House trailer" means all trailers of the type designed to be used upon the public streets and highways which are capable of being used as facilities for human habitation and which are ten feet or more in overall length and six feet or more in height from floor to ceiling, except as specifically included in this chapter.
F. "Mobile home" means any vehicle used, or so constructed that it could be used as a vehicle upon the public streets or highways and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place.
G. "Motor vehicle" means a vehicle capable of supplying its own motor power.
H. "Motorized homes" means any self-propelled vehicle designed or constructed so as to permit occupancy thereof as dwelling or sleeping unit.
I. "Pick-up coach" means a structure designed in such manner so as to be mounted on a pick-up or truck chassis or other vehicle capable of being used for travel and recreational purposes, and/or for temporary occupancy. This includes, but is not limited to items commonly termed a "camper."
J. "Recreational vehicle" means any vehicle which is in itself a motor vehicle or is moved by a motor vehicle, designed or used primarily for recreational purposes. This includes any item capable of movement along roadways, paths or ways or any kind by means of air, wheels, runners, skids or tracks or any kind specifically including but not limited to all forms of recreational automotive vehicles (buses, trucks, cars, vans), all forms of trailers, camping vehicles, snowmobiles, boats, motorcycles, trail bikes, hovercraft, dune and swamp buggies.
K. "Semitrailer" means any vehicle without motor power designed for being drawn or used in connection with a motor vehicle and construed so that an appreciable portion of its weight rests upon or is carried by such motor vehicle.
L. "Trailer" is defined as any vehicle without motor power designed for being drawn by or used in connection with a motor vehicle and constructed so that no appreciable portion of its weight rests upon or is carried by such motor vehicle.
M. "Vehicle" means all items capable of movement by means of wheels, skids, tracks or runners of any kind or by air, along roadways or paths of any kind, specifically including, but not limited to any forms of motor vehicles, buses, cars, vans, trailers, mobile homes and boats even though they may at any time be immobilized in any way and for any period of time of whatever duration. (Ord. 173 § 1, 1986)
9.12.020 Abandoning vehicles on public property.
A. It is unlawful for any items defined in Section 9.12.010 of this chapter to be parked in the following manner on any street or street right-of-way, roadway, path or other way of any kind within the limits of the town. Such unlawful parking is as follows:
1. To continuously park for a period in excess of seventy-two hours;
2. To park for the purpose of displaying the item for sale;
3. To park for the purpose of advertising; or
4. To park for the purpose of making repairs, provided however, this sections does not apply to emergency repair situations.
B. It is unlawful for any person to abandon any items defined in Section 9.12.010 of this chapter on public priority within the corporate boundaries of the town.
C. It is not necessary that restricted parking or other traffic signs to be erected for the purpose of enforcing this chapter. (Ord. 173 § 2, 1986)
9.12.030 Impoundment of vehicles in violation.
The chief of police or his designee of the town shall be authorized to impound items or vehicles which are in violation of this chapter pursuant to the following procedure:
A. The chief of police or his designee shall post a notice on the item or vehicle and send a notice to the registered owner of the item or vehicle, if known, seven calendar days prior to the date of the proposed impound. Such notice shall specify that the item or vehicle is in violation of this chapter and that if it is not removed by the date specified in the notice, the chief of police or his designee shall impound such item or vehicle, unless the time period is otherwise extended by the chief of police or his designee. The notice shall also provide a opportunity for the possessor of such item or vehicle to have a hearing regarding the proposed impound. The possessor of such item or vehicle must provide the chief of police or his designee a request for such hearing no later than five p.m. two days before the date scheduled for the impound. The hearing shall be held by the mayor or his or her designee.
B. If the chief of police or his designee has not been requested to have a hearing or if after the hearing the mayor or his or her designee finds that the vehicle it still in violation of this chapter, the chief of police or his designee shall be authorized to impound the item or vehicle.
C. The owner, the registered owner and/or the possessor of the item or vehicle shall be responsible for all cost to the town for such impound and all cost related thereto. (Ord. 173 § 4, 1986)
9.12.040 Notice of infraction.
A. Any person who violates the provisions of this chapter shall be assessed a civil penalty of ten dollars for each day of violation if such person responds to the notice of infraction within seven days after issuance.
B. Any persons who have committed the infraction mentioned in Section 9.12.030 of this chapter and who fails to respond to the notice of that infraction within seven days of its issuance shall be assessed twice the civil penalty for such infraction as set forth in subsection A of this section. Such penalty shall be in addition to any other penalties or fines imposed for failure to respond to a notice of infraction.
C. In the event there is a failure to respond to the notice of infraction, the provisions of RCW 46.64.020 are adopted by reference as if fully set forth in this chapter. Pursuant to such statute and this chapter, any person who has been issued a notice of infraction and who wilfully fails to respond as provided in this chapter shall be guilty of a misdemeanor regardless of the disposition of the notice of the parking infraction. (Ord. 173 § 3, 1986)
9.12.050 Presumption of violation.
In any prosecution of infractions or impound procedures relating to the violations of this chapter, proof that the particular item or vehicle described in the infraction or notice was in violation of this chapter, together with proof that the person named in the infraction or notice was at the time of such violation 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 such item or vehicle at the point where, and for the time during which, such violation occurred. (Ord. 173 § 5, 1986)