Chapter 10.04
STOPPING, STANDING AND PARKING

Sections:

10.04.010    Restriction on designated portions of state highway between two a.m. and six a.m.

10.04.011    Illegal parking for vehicles, trailers, or items attached to vehicles.

10.04.012    Fifteen-minute parking restriction.

10.04.014    Thirty-minute parking restriction.

10.04.020    Two-hour restriction on designated portions of state highway between seven a.m. and six p.m.

10.04.030    Two-hour restriction on designated streets between nine a.m. and six p.m.

10.04.040    Truck parking restriction on designated streets.

10.04.050    Truck parking restricted on designated portions of state highway.

10.04.060    Parking restrictions—Sunset Avenue and Seventh Street.

10.04.065    Parking spaces for mobility disabled persons.

10.04.070    Violation—Penalty.

10.04.080    Impoundment of vehicles.

10.04.085    Notice to legal and registered owners.

10.04.090    Redemption of impounded vehicles.

10.04.095    Post-impoundment hearing procedure.

10.04.010 Restriction on designated portions of state highway between two a.m. and six a.m.

It is unlawful for any person to stand or park a vehicle at any time on any day, between the hours of two a.m. and six a.m., on the following described city streets:

A. State Route 173 (Bridge Street), from the intersection with Indian Avenue to the intersection with Jay Avenue;

B. Third Street, from the intersection with Indian Avenue to the intersection with Jay Avenue;

C. Fourth Street, from the intersection with Indian Avenue to the intersection with Jay Avenue;

D. Fifth Street, from the intersection with Indian Avenue to the intersection with Jay Avenue;

E. Main Avenue, from the intersection with Third Street to the intersection with Seventh Street. (Ord. 710 § 1, 2000: Ord. 498 § 1, 1988: Ord. 305 § 4, 1971)

10.04.011 Illegal parking for vehicles, trailers, or items attached to vehicles.

It is illegal for any vehicle, trailer, or item attached to a vehicle or trailer to stand, stop, or park where prohibited by signs, painted markings, red or yellow painted curbing, and within thirty feet of any intersection. Exceptions will be commercial delivery vehicles making deliveries, emergency vehicles and government vehicles performing official duties. (Ord. 783 § 1, 2006)

10.04.012 Fifteen-minute parking restriction.

It is unlawful for any person to stand or park a vehicle on the following described avenue for more than fifteen consecutive minutes:

A. On the north side of Main Avenue between Fourth Street and Fifth Street, directly in front of the Brewster post office consisting of sixty-seven feet;

B. On Main Avenue between Bridge Street and Fourth Street beginning at the intersection of Bridge Street going westerly toward Fourth Street, consisting of thirty feet. (Ord. 919 § 1, 2019; Ord. 753 § 1, 2004; Ord. 654 § 1, 1997; Ord. 587 § 1, 1994)

10.04.014 Thirty-minute parking restriction.

It is unlawful for any person to stand or park a vehicle on the following described avenues or streets within the city for more than thirty consecutive minutes:

A. In the easternmost parking space on the north side of Bridge Street at the corner of Bridge Street and Indian Avenue. (Ord. 919 § 2, 2019)

10.04.020 Two-hour restriction on designated portions of state highway between seven a.m. and six p.m.

It is unlawful for any person to stand or park a vehicle at any time on any day, between the hours of seven a.m. and six p.m. for a longer continuous time than two hours on the following described section of state highway:

State Route 173 (Bridge Street) from First Avenue Southeast and Southwest on South Bridge Street northerly to First Avenue Northeast and Northwest on North Bridge Street. (Ord. 305 § 5, 1971)

10.04.030 Two-hour restriction on designated streets between nine a.m. and six p.m.

Between the hours of nine a.m. and six p.m., Sundays and holidays excluded, there shall be a limit of two hours for motor vehicle parking on the following streets: Main Avenue between Second Street West and First Street East, and on Bridge Street between Main Avenue and First Street South. (Ord. 250 § 2 (part), 1964)

10.04.040 Truck parking restriction on designated streets.

A. There shall be no parking at any time of motor vehicles classified as trucks on the following streets: Main Avenue between Second Street West and First Street East.

B. All deliveries of merchandise to business houses must be made at their rear entrances. (Ord. 250 § 2 (part), 1964)

10.04.050 Truck parking restricted on designated portions of state highway.

It is unlawful for any person to stand or park a truck at any time on any day except in loading zones, on the following described section of state highway:

State Route 173 (Bridge Street) from First Avenue Southeast and Southwest on South Bridge Street northerly to First Avenue Northeast and Northwest on North Bridge Street. (Ord. 305 § 6, 1971)

10.04.060 Parking restrictions—Sunset Avenue and Seventh Street.

It is unlawful for any person to allow or permit their vehicle to be parked on the following described streets and avenues in the city at any time:

A. On both sides of Sunset Avenue from the westerly city limits to Seventh Street;

B. On both sides of Seventh Street for five hundred feet south of the intersection of Sunset Avenue and Seventh Street;

C. On both sides of Seventh Street North from Sunset Avenue to Main Street (upon completion of the parking lot located at the high school site). (Ord. 551 § 1, 1992)

10.04.065 Parking spaces for mobility disabled persons.

A. The following parking spaces shall be designated and marked as spaces for mobility disabled persons pursuant to RCW 46.16.381 which is adopted by this reference as if fully set forth, as now exists or as may be hereafter amended:

1. Two, two-hour parking spaces abutting the Brewster Senior Center located at 109 S. Bridge Street, one of which shall also be designated as van accessible.

B. The parking spaces shall be designated pursuant to those standards set forth in WAC 51-30-1100, as now exists or as may be hereafter amended.

C. The penalty for violation of subsection (A)(1) of this section shall be as set forth in RCW 46.16.381(7) as now exists or as may be hereafter amended. Said penalty shall be the exclusive penalty used for law enforcement purposes, provided however that the court may impose an additional penalty sufficient to reimburse the city for any costs incurred for removal and storage of the improperly parked vehicle. (Ord. 655 § 1, 1997)

10.04.070 Violation—Penalty.

Any violation of this chapter shall be declared an infraction, and punishment for violation of this chapter shall be in accordance with Brewster Municipal Code Section 1.16.010(B).

Any violation of Section 10.04.011 shall be punishable by a fine of a minimum of twenty dollars per violation at each location per vehicle or trailer within a single twenty-four-hour period. If fine is not paid within fifteen days of issuance, the fine will increase to forty dollars. These fines will go into effect as of May 1, 2006. (Ord. 783 § 2, 2006; Ord. 553 § 8, 1992)

10.04.080 Impoundment of vehicles.

The chief of police or any police officer may take custody of a vehicle and provide for its prompt removal to a place of safety under the following circumstances:

A. Whenever the chief of police or any police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, as presently enacted or hereafter amended, the chief or police officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway;

B. Whenever the chief of police or any police officer finds a vehicle stalled, disabled, or unattended upon a roadway where the vehicle constitutes an obstruction to traffic or jeopardizes the public safety;

C. Whenever the chief of police or any police officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mental incapable of deciding upon steps to be taken to protect his or her property;

D. Whenever the chief of police or any police officer finds a vehicle stopped, parked or standing in violation of any city ordinance or such vehicle constitutes a menace, danger obstruction to traffic or to the safety of the general public;

E. Whenever the driver of a vehicle is arrested and taken into custody by the chief of police or any police officer;

F. Whenever the chief of police or any police officer discovers a vehicle that the chief of police or police officer determines to be a stolen vehicle;

G. Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person under RCW 46.16.381, as presently enacted or hereafter amended, is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581, as presented enacted or amended, which space is provided on private property without charge or on public property;

H. Upon determining that a person is operating a motor vehicle without a valid driver’s license in violation of RCW 46.20.005, as presently enacted or hereafter amended, or with a license that has been expired for ninety days or more; or

I. Whenever the chief of police or a police officer arrests a driver of a vehicle for a violation of RCW 46.61.502, 46.61.504, 46.20.342 or 46.20.420, as presently enacted or hereafter amended, the vehicle may be impounded as follows:

1. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(c), as presently enacted or hereafter amended, and the Washington State Department of Licensing records show that the driver has been convicted one time of a violation of RCW 46.20.342, as presently enacted or hereafter amended, within the past five years, the vehicle may be held for up to fifteen days, at the written direction of the police department;

2. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(c), as presently enacted or hereafter amended, and the Washington State Department of Licensing records show that the driver has been convicted two or more times of a violation of RCW 46.20.342, as presently enacted or hereafter amended, in the past five years, the vehicle may be held for up to thirty days, at the written direction of the police department;

3. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b), as presently enacted or hereafter amended, and the Washington State Department of Licensing records show that the driver has not been convicted of a violation of RCW 46.20.342(1)(a) or (b), as presently enacted or hereafter amended, within the past five years, the vehicle may be held for up to thirty days, at the written direction of the police department;

4. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b), as presently enacted or hereafter amended, and the Washington State Department of Licensing records show that the driver has been convicted one time of a violation of RCW 46.20.342(1)(a) or (b), as presently enacted or hereafter amended, within the past five years, the vehicle may be held for up to sixty days, at the written direction of the police department;

5. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b), as presently enacted or hereafter amended, and the Washington State Department of Licensing records show that the driver has been convicted of a violation of RCW 46.20.342(1)(a) or (b), as presently enacted or hereafter amended, two or more times within the past five years, the vehicle may be held for up to ninety days, at the written direction of the police department;

J. Nothing within this section may derogate from the powers of police officers under the common law;

K. For the purposes of this section, a place of safety may include the business location of a registered tow track operator. (Ord. 783 § 3, 2006; Ord. 691 § 1 (part), 1999)

10.04.085 Notice to legal and registered owners.

A. When a vehicle is impounded, the impounding towing operator shall notify the legal and registered owners of the impoundment of the vehicle. The notification shall be sent by first class mail within twenty-four hours after the impoundment to the last known registered and legal owners of the vehicle reflected as indicated by the Washington State Department of Licensing records, and shall inform the owners that the police department authorized the impound. The notification shall include:

1. The name of the impounding tow firm, its address, and telephone number;

2. The location, time of the impound, and by whose authority the vehicle was impounded; and

3. A notice of the owner’s right of redemption and opportunity for a hearing to contest the validity of the impoundment pursuant to Brewster Municipal Code Section 10.04.095, as presently enacted or hereafter amended. The notice shall be accompanied by a form to be used for requesting a hearing, the name of the person authorizing the impound, and a copy of the towing and storage invoice. If redeemed, the registered tow truck operator shall maintain a record evidenced by the redeeming person’s signature that such notification was provided.

B. No notices need to be sent to the legal or registered owners of an impounded vehicle if the vehicle has been redeemed. (Ord. 691 § 1 (part), 1999)

10.04.090 Redemption of impounded vehicles.

Vehicles impounded by the city may be redeemed and released only pursuant to a written direction from the police department or court under the following circumstances;

A. Only the legal owner, the registered owner, a person authorized in writing by the registered owner, the vehicle’s insurer, or one who has purchased the vehicle from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor, may redeem an impounded vehicle. In addition, a vehicle impounded because the operator is in violation of RCW 46.20.342, as presently enacted or hereafter amended, shall not be released until a person eligible to redeem it under this subsection satisfies the requirements of subsection B of this section, including paying all towing, removal, storage fees, and administrative fees, notwithstanding the fact that the hold was ordered by the city. A person redeeming an impounded vehicle must, prior to redemption, establish that he or she has a valid driver’s license.

If the Washington State Department of Licensing records show that the operator has been convicted of a violation of RCW 46.20.342, as presently enacted or hereafter amended, within the past five years, the vehicle may be held, at the written direction of the city, for the applicable time period specified in the Brewster Municipal Code Section 10.04.080(1), as presently enacted or hereafter amended.

B. A vehicle may be redeemed and released upon payment to the city, prior to the redemption, of an administrative fee of one hundred dollars, along with payment in full to any person having custody of the vehicle all costs of impoundment (towing, removal, storage fees, etc.). The administrative fee shall be for the purpose of offsetting, to the extent practical, the cost to the city of implementing, enforcing and administering the provisions of this chapter.

C. The towing company shall accept payment as provided in RCW 45.55.120(1)(b), as presently enacted or hereafter amended. In addition, if the vehicle was impounded because the operator was arrested for a violation of RCW 46.20.342 or 46.20.420, as presently enacted or hereafter amended, 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.

D. The police department may release an impounded vehicle prior to the expiration of any period of impoundment upon petition of the spouse of the operator, based on economic or personal hardship to such spouse resulting from the unavailability of the vehicle and after consideration by the police department of the threat to public safety that may result from release of the vehicle, including, but not limited to, the operator’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 all the requirements of this section. (Ord. 691 § 1 (part), 1999)

10.04.095 Post-impoundment hearing procedure.

A. Any person seeking to redeem a vehicle impounded pursuant to Brewster Municipal Code Section 10.04.080 as presently enacted or hereafter amended, has a right to a hearing in municipal court to contest the validity of the impoundment or the amount of the removal, towing, and storage charges, and the administrative fee paid to the city. Such request for a hearing shall be made in writing, on a form provided by the court for that purpose, and such person shall pay an administrative fee of twenty-five dollars to the court within ten calendar days of the date the opportunity for a hearing was mailed as specified in Brewster Municipal Code Section 10.04.085. If the hearing request is not received by the court within the ten-calendar-day period, the right to a hearing is waived and the registered owner is liable for any towing, removal, storage or other impoundment charges, along with the administrative fee due the city.

B. Upon receipt of a timely hearing request, the court shall proceed to hear and determine the validity of the impoundment. Upon receipt of a timely hearing request, the court, within five days after the request for a hearing, shall notify, in writing, the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle, and the police department of the hearing date and time.

C. At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, removal or storage fees charged were not proper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer’s personal appearance at the hearing.

D. At the conclusion of the hearing, the court shall determine whether the impoundment was proper, whether the towing, removal or storage fees charged were in compliance with the posted rates, and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates.

E. 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.

F. If the impoundment is found proper, the impoundment, towing, removal, storage and administrative fees as permitted under this chapter, together with court costs, shall be assessed against the person or persons requesting the hearing, unless the operator did not have a signed and valid impoundment authorization from a private property owner or an authorized agent.

G. If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle shall bear no impoundment, towing, or storage fees, or the administrative fee set forth in Brewster Municipal Code Section 10.04.090, and the police department may be liable for any towing, removal, storage, or other impoundment fees permitted under this chapter. The court may enter judgment in favor of the registered and legal owners of the vehicle for the amount of the administrative fee paid the police department, as well as reasonable damages for the loss of the use of the vehicle during the time the same was impounded, for not more than twenty-five dollars per day, against the city. However, if an impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.420 is determined to be in violation this chapter, then the police officer directing the impoundment and the city will not be liable for any damages if the officer relied in good faith and without gross negligence on the records of the Washington State Department of Licensing in ascertaining that the operator of the vehicle had a suspended or revoked driver’s license. If any judgment entered is not paid within fifteen calendar days of notice, in writing, of its entry, the court shall award reasonable attorneys’ fees and costs against the defendant in any action to enforce the judgment. Notice of entry of judgment may be made by registered or certified mail, and proof of mailing may be made by affidavit of the party mailing the notice. Notice of the entry of the judgment shall read essentially as follows:

TO: __________________

YOU ARE HEREBY NOTIFIED JUDGMENT was entered against you in the __________________ Court located at __________________ in the sum of $____________ in an action entitled Case No. _____________.

YOU ARE FURTHER NOTIFIED that attorneys’ fees and costs will be awarded against you under BMC §___________ if the judgment is not paid within fifteen calendar days of the date of this notice.

DATED this _____ day of _______(year)

_________________________Signature

Typed name and address of party mailing notice

H. Any impounded abandoned vehicle that is not redeemed within fifteen calendar days of mailing of the notice of custody and sale as required by RCW 46.55.110(2) shall be sold at public auction in accordance with all the provisions and subject to all the conditions of RCW 46.55.130. A vehicle may be redeemed at any time before the start of the auction upon payment of the applicable towing, removal and storage fees.

I. No determination of facts made at a hearing under this section shall have any collateral estoppel effect on subsequent criminal prosecution and such determination shall not preclude litigation of those same facts in a subsequent criminal prosecution. (Ord. 691 § 1 (part), 1999)