Chapter 10.40
STATE HIGHWAY RIGHT-OF-WAY REGULATIONS
Sections:
10.40.050 Right-of-way regulation in general.
10.40.060 Advertising device placement.
10.40.070 Advertising device placement – Maintenance and damage liability.
10.40.080 Limited use for ingress and egress.
10.40.090 Obstructions prohibited.
10.40.110 Enforcement officers and procedures.
10.40.120 Violation – Penalty.
10.40.010 Short title.
This chapter shall be known and may be commonly referred to as the “state right-of-way regulation” chapter. (Ord. 645 § 1, 2006)
10.40.020 Purpose.
The purpose of this chapter is to provide for the orderly regulation of the state highway right-of-way which is a strip of 18 feet in width and borders State Highway 97A as it passes through the corporate city limits of the city. (Ord. 645 § 1, 2006)
10.40.030 Authority.
The regulation of the Washington State highway right-of-way along Highway 97A as it passes through the corporate limits of the city is set out in RCW 47.24.020, granting the authority for such regulations to the city. (Ord. 645 § 1, 2006)
10.40.040 Definitions.
As used in this chapter, unless the context clearly indicates otherwise, the following terms have the following meaning. All words used in the present tense have the following future and past tense; all words used in the plural number include the singular number, and all words in the singular number include the plural number. The word “shall” is mandatory and not merely directory.
(1) “City” means the city of Entiat, Washington.
(2) “Highway 97A” means that portion of Washington State Highway 97A as it passes through the corporate limits of the city of Entiat.
(3) “Highway 97A right-of-way” means that 18-foot strip of land commencing at the easterly curb of Highway 97A and proceeding 18 feet outward therefrom in an easterly direction.
(4) “Authority to regulate” means RCW 47.24.020.
(5) “Walkway” means the initial six-foot section of the right-of-way area commencing at the curb of Highway 97A and proceeding six feet outward or away from the curb line which shall be reserved as a pedestrian walkway.
(6) “Allowable use” means any use which is authorized by this chapter or any amendments hereto.
(7) “State regulations” means the regulations duly promulgated and adopted by the State Department of Highways and/or as set forth in the Revised Code of Washington.
(8) “Vehicle” includes every device capable of being moved upon a public street or in, upon, or by which any person or property is or may be transported or drawn upon a public street, excepting devices moved by human or animal power.
(9) “Person” is any individual, industry, public or private corporation, co-partnership, association, firm or other entity, whatsoever.
(10) “Obstruction” means any structure, material (manmade or natural), vehicle, or any other object whatsoever which shall block, restrict passage, encroach upon, be attacked, placed or fixed upon, in or over said right-of-way. (Ord. 645 § 1, 2006)
10.40.050 Right-of-way regulation in general.
It shall be unlawful for any person to obstruct passage along the six-foot walkway, as defined in EMC 10.40.040(5). Parking shall be prohibited on State Highway 97A along the east and west rights-of-way between the north and south entrances to the city park. The city shall purchase appropriate “No Parking” signs and post them at the locations designated above. (Ord. 645 § 1, 2006)
10.40.060 Advertising device placement.
Upon obtaining an advertising license, any person shall have the right to locate an advertising device on said right-of-way except for the walkway portion thereof. Any person who shall place an advertising device on said right-of-way shall be required to comply with the sign provisions found in Chapter 18.50 EMC. (Ord. 645 § 1, 2006)
10.40.070 Advertising device placement – Maintenance and damage liability.
Any person who shall establish an advertising device upon the right-of-way shall be solely responsible for the maintenance, installation, and liability for damage to persons or property associated therewith. (Ord. 645 § 1, 2006)
10.40.080 Limited use for ingress and egress.
No person shall use said right-of-way as a means for vehicular traffic other than the limited use for ingress and egress from Highway 97A to and from the local businesses bordering said right-of-way. (Ord. 645 § 1, 2006)
10.40.090 Obstructions prohibited.
No person shall cause any permanent or semi-permanent obstruction to be located on said right-of-way. (Ord. 645 § 1, 2006)
10.40.100 Allowable uses.
The following shall be a list of allowable uses of said right-of-way, excepting therefrom the six-foot walkway area:
(1) Customer parking for local businesses;
(2) Advertising devices;
(3) Fire hydrants;
(4) Utilities. (Ord. 645 § 1, 2006)
10.40.110 Enforcement officers and procedures.
Enforcement of this chapter shall be by the contract law enforcement agency of the city, and said agency is empowered to issue citations and/or arrest without warrant persons violating the provisions of this chapter. Said enforcement agency shall serve and execute all warrants, citations, and other process issued by the courts. In addition, mailing by registered mail of such warrant, citation, or other process to the last known place of residence of the offender shall be deemed as personal service upon the person charged. (Ord. 645 § 1, 2006)
10.40.120 Violation – Penalty.
Any person who violates any of the provisions of this chapter shall be guilty of an infraction and shall be punished by a fine of $20.00 for the first offense, $30.00 for the second offense, and not to exceed $250.00 for the third or subsequent offense. (Ord. 645 § 1, 2006)