Chapter 10.16
NONOPERATING VEHICLES
Sections:
10.16.020 Abandonment of vehicles.
10.16.030 Leaving of wrecked, nonoperating vehicles on street.
10.16.040 Disposition of wrecked or discarded vehicles.
10.16.060 Nonoperating vehicles – Violations – Penalty.
10.16.010 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
A. “Person” means any person, firm, partnership, association, corporation, company, or organization of any kind.
B. “Vehicle” means a machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners, or slides and transport persons or property or pull machinery and shall include, without limitations, automobiles, trucks, trailers, motorcycles, tractors, buggy, wagon, or any part of the aforementioned vehicles.
C. “Street” or “highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
D. “Property” means any real property within the City, whether it be public or private property which is not a street or highway.
E. “Chief of Police” means the Chief of Police of the City of Everson, or his representative, or a Deputy from the Department of the Whatcom County Sheriff. [Ord. 135 § 1, 1972.]
10.16.020 Abandonment of vehicles.
No person shall abandon any vehicle within the City of Everson or on City property, and no person shall leave any vehicle at any place within the City or on City property, and no person shall leave any vehicle at any place within the City or on City property within the corporate limits for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned. [Ord. 135 § 2, 1972.]
10.16.030 Leaving of wrecked, nonoperating vehicles on street.
No person shall leave any partially dismantled, nonoperating, wrecked, or junked vehicle on any-street or highway within the City, or on City property within or without the corporate limits of the City. [Ord. 135 § 3, 1972.]
10.16.040 Disposition of wrecked or discarded vehicles.
No person in charge or control of any property other than City property within the City, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any partially dismantled, nonoperating, wrecked, junked, or discarded vehicle, or any part thereof, to remain on such property longer than 30 days, and no person shall leave such a vehicle on City property within or without the corporate limits for a period of not more than 48 hours, except that this chapter shall not apply with regard to a vehicle in an enclosed building, or a vehicle on the premises of a business licensed to do business as a junk yard. All licensed junk yards shall adhere to the rules and regulations set down by the State of Washington regarding enclosing the premises operated as a junk yard. [Ord. 135 § 4, 1972.]
10.16.050 Impounding.
The Chief of Police is hereby authorized to remove or have removed any vehicle left at any place within the City of or on any City property within or without the corporate limits which reasonable appears to be in violation of this chapter or lost, stolen, or unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with ordinance of this City; provided, however, that any vehicle left at any place, other than City property shall not be removed and impounded as provided herein until the Chief of Police shall have given written notice to remove the vehicle within 10 days of the mailing of such notice and of the intention of the Chief of Police to remove and impound such vehicle if it has not been removed at the end of such time. Such notice shall be given by (1) affixing notice on such vehicle, or part thereof, (2) sending notice by mail to the owner of such vehicle at his last known address if owner is reasonably ascertainable, and (3) by sending notice by mail to person owning or controlling the property on which such vehicle is located. The Chief of Police may enter upon private property at all reasonable hours for the purpose of inspecting such vehicle or parts thereof, posting notice thereon, and removing and impounding such vehicle, or part thereof, and it shall be unlawful for any person to prevent the Chief of Police from entering upon private property for the purpose of carrying out his duties under the provisions of this chapter.
If, after the expiration of fifteen (15) days from the date of mailing of notice to the registered and legal owner, the vehicle or automobile hulk or parts thereof remains unclaimed and has not been listed as a stolen or recovered vehicle, then the City or firm having custody of such vehicle or hulk or part thereof shall conduct a sale of the same at public auction after having first published a notice of the date, place and time of such auction in any newspaper of general circulation in the county in which the vehicle is located not less than three days before the date of such auction. Such auction and the disposition of such abandoned vehicles or automobile hulks, or parts thereof shall be governed by the provisions of Chapter 46.52 RCW (Chapter 42 of the First Extraordinary Session Laws of 1969.) [Ord. 135 § 5, 1972.]
10.16.060 Nonoperating vehicles – Violations – Penalty.
Each day such violation is committed or permitted to continue shall constitute a separate infraction and shall be punishable by a penalty of $10.00 per day. [Ord. 302 § 29, 1984; Ord. 135 § 6, 1972.]