Chapter 8.60
ABANDONED VEHICLES
Sections:
8.60.030 Parking time limitation.
8.60.040 Keeping abandoned vehicle unlawful—Criteria—Exceptions.
8.60.060 Storage of impounded vehicles—Notice—Redemption.
8.60.010 Intent.
This chapter shall be deemed an exercise of the police powers of the town for the protection and preservation of the health, safety and welfare of its citizens, and shall be liberally construed to accomplish such purposes. (Ord. 677 § 1, 1970)
8.60.020 Vehicle defined.
For the purposes of this chapter, the term “vehicle” means and includes an automobile, truck, trailer and any other mechanical device intended for the transportation of persons or property on streets and highways. (Ord. 677 § 2, 1970)
8.60.030 Parking time limitation.
It is unlawful for any person, firm or corporation to park or leave any vehicle standing upon or in any public street or alley within the town for a continuous period of time of more than seventy-two hours. (Ord. 677 § 3, 1970)
8.60.040 Keeping abandoned vehicle unlawful—Criteria—Exceptions.
It is unlawful for any person, firm or corporation to place or keep an abandoned, discarded or junked vehicle, or portion thereof, upon any public or private property within the town or, as owner, occupier or party in control of any real property within the town, to permit or allow any such vehicle or portion thereof to be placed or kept upon said property. Each day that a violation of this chapter continues shall constitute a separate offense and be punishable as such. An abandoned, discarded or junked vehicle includes apparently inoperable, immobile, disassembled or extensively damaged vehicles. Evidence of inoperability and damage includes, but is not limited to, a buildup of debris or vegetation that obstructs use, a broken window or windshield, a missing wheel, a flat tire, a nonfunctional motor or transmission, missing bumpers, missing seats, missing license plates, or vehicles unlicensed for current operation on public streets. It shall be prima facie evidence that a vehicle or portion thereof is abandoned, junked and/or discarded if the same is:
(a) Inoperable by reason of damage, neglect or the removal of parts therefrom and has been substantially in the same condition and location for more than thirty days;
(b) Unlicensed for current operation on a public street and has been substantially in the same condition and location for more than thirty days; and
The provisions of this section shall not apply to commercial establishments which are regularly licensed to handle junk automobiles and otherwise are complying with state and local laws and regulations. (Ord. 1369 § 1, 2003: Ord. 677 § 4, 1970)
8.60.050 Impoundment.
The police chief is authorized to remove and impound vehicles from any public street, alley or other public place in any of the following circumstances:
(a) When any vehicle is left unattended upon any bridge, viaduct, or street in the town;
(b) When a vehicle is obstructing traffic on any public street or alley and the person in charge of the vehicle is unable or refuses to remove it or provide for its removal;
(c) When any vehicle is left unattended upon any street or alley and is so parked illegally as to constitute a definite hazard or abandoned to the normal movement of traffic;
(d) When any vehicle has been abandoned, discarded or junked and is placed or kept upon any public or private property or upon any public street or alley in violation of this chapter;
(e) When any vehicle has been parked or left standing in any public street or alley for a continuous period of time of more than seventy-two hours. (Ord. 677 § 5, 1970)
8.60.060 Storage of impounded vehicles—Notice—Redemption.
(a) Vehicles impounded shall be removed to a place of storage designated or maintained by the police department or to such other place of safety as the chief of police may direct. In the event private towage and storage services are used, the police department shall provide the private firm with a written order to tow and store the vehicle.
(b) When any vehicle is impounded, the police department shall report the same to the Washington State Patrol and shall give notice to the registered and/or legal owner thereof, if the name and address of the owner can be ascertained.
(c) Notice of the impoundment of all abandoned vehicles shall be given to the sheriff of Whatcom County and such vehicles shall be delivered to the custody of the sheriff. Any vehicle which has been impounded and is not redeemed by its owner within fifteen days, shall be deemed abandoned. Abandoned vehicles shall be handled in the manner provided in RCW 46.52.110.
(d) All costs incurred by the town in the removal and storage of an impounded vehicle shall be a lien upon the vehicle. The owner of an impounded vehicle may redeem the same, prior to its sale or other disposal as an abandoned vehicle, by the payment of all of such costs. In the case of abandoned vehicles, all costs of removal and storage shall be recovered from the proceeds of the sale of the vehicle by the sheriff. (Ord. 677 § 6, 1970)
8.60.070 Exceptions.
This chapter shall not apply to:
(a) A vehicle or part thereof which is completely enclosed within a building where it is not visible from the street or other public or private property; or
(b) A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business as a licensed dismantler or licensed dealer fenced according to the provisions of RCW 46.80.130. (Ord. 677 § 8, 1970)
8.60.080 Violation—Penalty.
Violation of any of the provisions of this chapter is a traffic offense, whether or not the act at issue occurred upon a roadway, and shall be punished as follows:
(a) First Offense. The first offense shall be punished by a penalty of not more than two hundred fifty dollars, including all costs and assessments, and not less than one hundred fifty dollars, which minimum amount shall not be suspended or deferred.
(b) Second Offense. The second offense within a five-year period shall be punished by a penalty of not more than five hundred dollars, including all costs and assessments, and not less than two hundred dollars, which minimum amount shall not be suspended or deferred.
(c) Third or Subsequent Offense. A person committing a third or subsequent offense within a five-year period shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one thousand dollars or imprisonment in jail not exceed ninety days or by both such fine and imprisonment. The minimum sentence shall be two hundred fifty dollars, which amount shall not be suspended or deferred.
Law enforcement officers commissioned by the city are authorized to issue a notice of infraction upon certification that the officer has probable cause to believe, and does believe, that a person has committed an infraction contrary to the provisions of this chapter. The infraction need not have been committed in the issuing officer’s presence except as otherwise provided by law. (Ord. 1369 § 2, 2003: Ord. 677 § 7, 1970)