Chapter 9.42
PARKS AND PUBLIC TRAILS

Sections:

9.42.010    Motor vehicles on the Cascade Trail.

9.42.020    Impoundment of motor vehicles operated on the Cascade Trail.

9.42.010 Motor vehicles on the Cascade Trail.

It shall be unlawful to move or operate a motor vehicle on or over the trail corridor of the railbanked Burlington Northern right-of-way now known as the Cascade Trail.

For purposes of this section, “motor vehicle” means any self-propelled device capable of being moved upon a road or trail and transporting persons or property, and includes, but is not limited to: automobiles, mopeds, motorbikes, motorcycles, off-road vehicles, snowmobiles, and any motor vehicle as defined by RCW 46.04.320.

This section shall not apply to wheelchairs powered by electric motor, law enforcement vehicles, and maintenance and emergency vehicles and equipment (including tow trucks) authorized by Skagit County. It shall also not apply to vehicles and equipment operated by persons who have a private roadway and utility crossing easement recorded with the Skagit County Auditor’s office when such vehicles and equipment are being transported onto or crossing the trail in order to access or depart the person’s property and/or residence. This section shall also not apply to vehicles or equipment operated by persons in the course of evacuating their property and/or residences adjacent to the trail due to flood waters or other government-declared emergencies when no other reasonable means of evacuation exists and there is prior authorization by Skagit County.

Operating a motor vehicle in violation of this section shall be an infraction, punishable by a $60 fine. (Ord. 17100 (part), 1998)

9.42.020 Impoundment of motor vehicles operated on the Cascade Trail.

All motor vehicles operated or used in a manner in violation of Section 9.42.010 may be impounded without giving prior notice to its owner or operator under the following circumstances:

(1) If the vehicle poses an immediate danger to persons on the trail; or

(2) If the vehicle cannot be removed off the trail in a legal, safe and expeditious manner.

Motor vehicles impounded pursuant to this section may be sold or disposed of only after notice and an opportunity for a hearing, if requested, and after being deemed abandoned. A motor vehicle under this section shall constitute a “vehicle” for purposes of Chapter 10.20. The notice, hearing and disposition provisions in Sections 10.20.130, 10.20.140, 10.20.150, 10.20.160 and 10.20.170 shall apply to all motor vehicles impounded pursuant to this section. A motor vehicle impounded pursuant to this section shall be deemed abandoned for the purpose of the Sheriff authorizing its release from his custody for sale or other disposition if it remains unclaimed for fifteen (15) days from the day of impoundment. (Ord. 17100 (part), 1998)