Title 10
VEHICLES AND TRAFFIC
Chapters:
10.04 Vehicle Code
10.06 Supplementary Traffic Provisions
10.08 Parking Control--Load Restrictions
10.12 Junk Vehicles and Automobile Hulks
10.14 Impounding Vehicles After Arrest for Driving Without a Valid Driver's License and Under the Influence
VEHICLE CODE
Sections:
10.04.010 State model traffic ordinance adopted.
10.04.020 Model traffic ordinance amendments.
10.04.030 Authority to regulate speed.
10.04.040 Operators to exercise due care--Speed limits designated.
10.04.050 Speed limit near schools and playgrounds.
10.04.055 Traffic fines doubled.
10.04.070 License required for for-hire vehicles.
10.04.090 Traffic fines to be paid into current expense fund.
10.04.100 Applicability of provisions to bicyclists.
10.04.110 Riding on sidewalks.
10.04.120 Violation of Sections 10.04.100 or 10.04.110--Penalty.
10.04.130 Violation of Sections 10.04.100 or 10.04.110--Infraction notice.
10.04.010 State model traffic ordinance adopted.
The Washington Model Traffic Ordinance, Chapters 308--330 except as specifically modified by Section 10.04.020, is adopted by reference as the traffic ordinance of the city, as if set forth in full.
(Ord. 869 § 1, 1994).
10.04.020 Model traffic ordinance amendments.
The following sections of the model traffic ordinance are amended as follows:
Any reference to traffic division in WAC 308-330-210, 215, et seq. shall be amended to mean the officer within the city of Kalama police department appointed to maintain traffic records and criminal records.
(Ord. 869 § 2, 1994).
10.04.030 Authority to regulate speed.
The city council may, by resolution entered upon its minutes, regulate speed within the city.
(Ord. 514 § 3, 1969).
10.04.040 Operators to exercise due care--Speed limits designated.
A. Every person operating or driving a vehicle of any character upon the public streets of the city shall operate the same in a careful and prudent manner and at a rate of speed no greater than is reasonable and proper under the conditions existing at the time and place of operation, taking into account the amount and character of the traffic, weight of vehicle, grade and width of highway, condition of surface and freedom of obstruction to view ahead and consistent with any and all conditions existing at the point of operation so as not to unduly or unreasonably endanger the life, limb, property or other rights of any person entitled to use of such public highways.
B. Subject to the greater limitation required by subsection A of this section, it is unlawful for the operator of any motor vehicle to operate the same at a speed in excess of twenty-five miles per hour upon the streets of the city, other than school zones. It is further unlawful for the operator of any motor vehicle to operate the same upon the state highways and state frontage roads within the city limits at a speed in excess of that established and fixed by the Washington State Highway Commission. Provided, further subject to the provisions of RCW 10.04.040(A) and 10.04.050, it is unlawful for the operator of any motor vehicle to operate the same at a speed in excess of thirty-five miles per hour in the following locations:
1. Along China Garden Road as follows: from the point where China Garden Road is crossed by the west line of the southeast one-quarter of the northeast one-quarter of section 17, Township 6 North, Range 1 West of the Willamette Meridian to the point where China Garden Road is crossed by the south line of the southwest one-quarter of the northwest one-quarter of Section 16, Township 6 North, Range 1 West of the Willamette Meridian;
2. Along Old Pacific Highway South (AKA South First Street) as follows: from a point where a line running north 57°00'004" east from the northeast corner of Tax Lot T-4-D of the Jacob Ahles DLC crosses Old Pacific Highway South to a point where the east line of the Jacob Ahles DLC crosses Old Pacific Highway South;
3. Along Cloverdale Road within city limits;
4. Along East Frontage Road from Kingwood Street, North to Oak Street; a 35 mph speed limit on China Garden Road from Tenth Street, East to the city limits; and 50 mph on West Frontage Road from Elm Street, North to the intersection with Oak Street;
5. That portion of Meeker Drive north from the southwest corner of parcel no. 61378 across Meeker Drive to the southwest corner of parcel no. 613530200 in Section 8, Township 6 North, Range 1 West of the Willamette Meridian to the north city limits line.
C. Compliance with the foregoing speed limits shall not relieve the operator of any vehicle from the further exercise of due care and caution as further circumstances may require.
(Ord. 1209 § 1, 2007; Ord. 1092 § 1, 2002; Ord. 1100 § 1, 2002; Ord. 937 § 2, 1995; Ord. 514 § 4, 1969).
10.04.050 Speed limit near schools and playgrounds.
Subject to the provisions of Section 10.04.040, it is unlawful for the operator of any vehicle to operate the same within the city at a speed in excess of twenty miles per hour when passing any school or through any marked school zone, or when passing any playground, school crossing, or school playground crosswalk marked by standard speed control. Such speed zone shall extend three hundred feet in either direction from any such marked crosswalk. The school zone speed signs will contain a bottom panel with the following information "when children are present."
(Ord. 1184 § 2 (part), 2006: Ord. 1052 § 3 (part), 2000).
10.04.055 Traffic fines doubled.
All traffic fines in designated school zones shall be doubled.
(Ord. 1184 § 2 (part), 2006: Ord. 1052 § 3 (part), 2000).
10.04.070 License required for for-hire vehicles.
No person shall operate within the city any for-hire vehicles as defined in RCW 81.72.010, who has not been duly licensed to do so or whose vehicle has not been duly licensed as such by the state under the provisions of RCW 81.72.
(Ord. 514 § 7, 1969).
10.04.090 Traffic fines to be paid into current expense fund.
All fines collected as a result of convictions for violation of this chapter, and all forfeited bail, shall be paid into the current expense fund of the city.
(Ord. 514 § 9, 1969).
10.04.100 Applicability of provisions to bicyclists.
Every person riding or operating a bicycle, push scooter, roller skates, rollerblades, in-line skates, skateboards or similar human-powered transportation devices in any street, alley or public place within the city shall be subject to applicable provisions of the model traffic ordinance, the rules of the road and the ordinances of the city governing operators of motor vehicles.
(Ord. 955 § 2, 1996: Ord. 514 § 11, 1969).
10.04.110 Riding on sidewalks.
No person shall ride or operate a bicycle, push scooter, roller skates, rollerblades, in-line skates, skateboards or other human-powered transport devices on the sidewalks on both sides of North First Street between Elm Street and Kingwood Street in such a manner as to obstruct or interfere with pedestrians. Nor shall any parent or legal guardian allow, permit or cause any child under the age of sixteen years to ride or operate a bicycle, push scooter, roller skates, rollerblades, in-line skates, skateboards or other human-powered transport devices on the sidewalks, on both sides of North First Street between Elm Street and Kingwood Street except when such child is under direct supervision and control of the parent or guardian in which event such child shall, when approaching any pedestrian or animal on the referenced sidewalks, either ride off the sidewalk or dismount and walk past such pedestrian or animal.
(Ord. 1005 § 3(A), 1998: Ord. 960 § 1, 1996: Ord. 955 § 3, 1996: Ord. 514 § 12, 1969).
10.04.120 Violation of Sections 10.04.100 or 10.04.110--Penalty.
The parent or person in loco parenti to any child who violates Sections 10.04.100 or 10.04.110 shall be guilty of an infraction punishable by not less than one hundred dollar nor more than five hundred dollar fine if the following conditions exist:
A. The child has received a notification of a violation of Section 10.04.100 or 10.04.110; and
B. The parent or person in loco parenti has received actual notice of the citation and a warning from the Kalama police department that they will be fined if another violation occurs within a one-year period.
(Ord. 1005 § 3 (B (part)), 1998).
10.04.130 Violation of Sections 10.04.100 or 10.04.110--Infraction notice.
All infraction notices given to parents or persons in loco parenti shall state the date that a warning was issued regarding the child's previous violation of Kalama Municipal Code Sections 10.04.100 or 10.04.110.
(Ord. 1005 § 3 (B (part)), 1998).
SUPPLEMENTARY TRAFFIC PROVISIONS
Sections:
10.06.010 Adoption by reference.
10.06.020 Off-road motor vehicles.
10.06.030 Unnecessary noises prohibited.
10.06.010 Adoption by reference.
Sections 4, 5, 6, 7, 10, 11, 12 and 23 of Chapter 275 Laws of 1994 are adopted by reference as part of the traffic ordinance by the city as if set forth in full and RCW 46.61.400 (1996) and RCW 46.20.730, as amended by Section 23 of Chapter 275, are also adopted by reference as part of the traffic ordinance of the city as if set forth in full.
(Ord. 955 § 1, 1996; Ord. 870 § 1, 1994).
10.06.020 Off-road motor vehicles.
A. Definitions.
1. "Circular track" means any dirt, gravel, mud or other composition track used for riding and/or racing motor vehicles.
2. "Cross-country track" means a track used for off-road and other vehicles through unimproved land.
3. "Off-road motor vehicle" means any two-wheel, three-wheel and four-wheel motor vehicle used for riding and/or racing on dirt, gravel, mud or other composition for recreational purposes.
B. Prohibition.
1. The operation of any off-road motor vehicle shall not be allowed closer than one-quarter mile from the nearest residence in the R-1 and R-2 districts.
2. The operation of any motor vehicle on a circular or cross-country recreational track shall not be allowed closer than one-quarter mile from the nearest residence in the R-1 and R-2 districts.
C. Enforcement.
1. A violation of this section shall constitute a misdemeanor. Any person convicted of a misdemeanor under this section shall be punished by a fine of not more than one thousand dollars, or by imprisonment not to exceed ninety days, or both such fine and imprisonment. Each day this chapter is violated shall constitute a separate offence.
2. A continuing violation of this section shall constitute a nuisance and may be enjoined by the Superior Court of Cowlitz County.
(Ord. 1025 §§ 2--3, 1999).
10.06.030 Unnecessary noises prohibited.
The creation of any unreasonably loud, disturbing and unnecessary noise in the city is prohibited and shall be considered a public nuisance under Chapter 7.04. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual is prohibited.
(Ord. 1007 § 3(2), 1998).
PARKING CONTROL--LOAD RESTRICTIONS
Sections:
10.08.010 Reserved.
10.08.030 Prohibited parking.
10.08.035 Restricted parking.
10.08.050 Parking limits.
10.08.060 Truck travel prohibited where--Exception.
10.08.070 Violation--Penalty.
10.08.080 Amendment of parking and traffic regulations.
10.08.090 Reserved.
10.08.010 Reserved.
Editors Note: Ord. No. 1254, § 1, adopted Apr. 7, 2010, deleted § 10.08.010 in its entirety. Former § 10.08.010 pertained to stop intersections and derived from Ord. No. 471, § 1, adopted 1964; Ord. No. 791, § 1, adopted 1991; Ord. No. 818, § 1, adopted 1992; Ord. No. 929, § 1, adopted 1995; Ord. No. 964, § 1, adopted 1996; Ord. No. 1034, § 1, adopted 2000; Ord. No. 1061, § 1, adopted 2001; and Ord. No. 1107, § 1, adopted 2002.
10.08.030 Prohibited parking.
Parking shall be prohibited and signs prohibiting parking at any time shall be erected, affixed or in such other manner applied as shall give reasonable notice and warning, and thereafter maintained, on the east side of Second Street between Elm and Geranium Streets; on both sides of First Place; along the northeast side of China Garden Road and South Third Street along the curve at the intersection of South Third Street, China Garden Road and Military Road also described as an area one hundred forty-five feet long, beginning at a point on the pavement closest to the southwest corner of Parcel Number 40082 and running southeast along the curb to the driveway to 320 China Garden Road. Signs prohibiting truck parking at any time shall be erected on both sides of N. First Street between Juniper and Kingwood Streets.
The mayor, public works director or their agents or contractors shall have authority to designate the area in which parking is prohibited in a manner which meets acceptable engineering standards in the community.
(Ord. 1213 § 1, 2008: Res. 416 § 2, 2001: Ord. 588 § 1, 1976: Ord. 471 § 3, 1964).
(Ord. No. 1254, § 1, 4-7-2010)
10.08.035 Restricted parking.
A. Parking on the south side of Holly Street between Frontage and First Streets shall be restricted to fire trucks and the vehicles of on-duty firemen. Signs restricting parking to such vehicles shall be posted accordingly.
B. Parking shall be prohibited and signs prohibiting parking at any time and designating the area as a public bus stop shall be erected, affixed or in such other manner which meets acceptable engineering standards in the community along the south side of Elm Street from the corner of Elm and South First Street west to a point mid block between South First and the I-5 off Ramp.
(Ord. 849 § 1, 1993; Ord. 672 § 1, 1982).
(Ord. No. 1239, § 1, 5-6-2009; Ord. No. 1254, § 1, 4-7-2010)
10.08.050 Parking limits.
A. The following street areas have four-hour parking limits between the hours of nine a.m. to six p.m.:
N. First Street from Elm to Geranium -- both sides
Fir Street from N. First Street to E. Frontage -- both sides
Geranium Street from N. First to E. Frontage on south side
Ivy Street between E. Frontage and N. First Street on the north side
Elm Street between E. Frontage and First Street on the south side
B. Parking on N. First Street from Kingwood Street to Ivy Street on both sides is limited to twelve continuous hours for vehicles requiring more than one twenty-foot parking space.
(Res. 416 § 4, 2001; Ord. 686 § 1, 1983; Res. 206, 1982; Ord. 471 § 5, 1964).
(Ord. No. 1254, § 1, 4-7-2010)
10.08.060 Truck travel prohibited where--Exception.
Travel of all trucks having a gross tonnage permit in excess of fourteen thousand pounds is prohibited on First Street between Elm and Ivy, save and except only trucks making bona fide deliveries of goods and merchandise to business establishments, moving vans actually engaged in picking up or delivering goods to business establishments along said street, public utility vehicles and fire fighting equipment.
(Res. 416 § 5, 2001: Res. 207, 1982: Ord. 471 § 6, 1964).
(Ord. No. 1254, § 1, 4-7-2010)
10.08.070 Violation--Penalty.
Any person violating any provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of an infraction. Any person convicted of an infraction under this chapter shall be punished by a fine of not more than two hundred fifty dollars, which fine amount shall be in accordance with the schedule of monetary penalties for traffic infractions found in the Infraction Rules for Courts of Limited Jurisdiction, Rule 6.2, JT1R.
Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by any such person, and he shall be punished accordingly.
(Ord. 909 § 1, 1995; Ord. 535 § 1, 1972)
(Ord. No. 1254, § 1, 4-7-2010)
10.08.080 Amendment of parking and traffic regulations.
The Kalama City Council may, from time to time, by resolution, provide for different or additional parking restrictions, traffic regulations, or the installation of different or additional traffic control devices, other than as hereinabove in this chapter specifically provided, subject always to the provision that any such restriction or regulation be properly posted in the area affected.
(Ord. 555 § 1, 1974).
(Ord. No. 1254, § 1, 4-7-2010)
10.08.090 Reserved.
Editors Note: Ord. No. 1254, § 1, adopted Apr. 7, 2010, deleted § 10.08.090. Former § 10.08.090 pertained to one-way streets and derived from Ord. No. 956, § 1, 1996.
JUNK VEHICLES AND AUTOMOBILE HULKS
Sections:
10.12.010 Purpose and intent.
10.12.020 Definitions.
10.12.030 Nuisance.
10.12.040 Summary removal procedures.
10.12.050 Nuisance abatement procedures.
10.12.060 Exceptions.
10.12.070 General duty.
10.12.100 Certain provisions superseded.
10.12.010 Purpose and intent.
The purpose and intent of this chapter is to provide for and implement the greatest powers possible for facilitating the removal of junk vehicles, parts thereof, and automobile hulks from public and private property as authorized in accordance with any amendments that may hereafter been made.
(Ord. 1165 § 2 (part), 2005).
10.12.020 Definitions.
The following words and terms used in this chapter shall have the following meanings except where otherwise defined in this chapter, and unless where used the context thereof clearly indicates to the contrary:
"Automobile hulk" means an automobile hulk, whether abandoned or not and further as defined in RCW 46.79.010(2) as now enacted or hereafter amended.
"Junk vehicle" means a junk vehicle as defined in RCW 46.55.010(4) as now enacted or hereafter amended.
"Landowner" means a landowner as now defined in RCW 46. 55.230(7) as now enacted or hereafter amended.
(Ord. 1165 § 2 (part), 2005).
10.12.030 Nuisance.
The storing or keeping of junk vehicles, parts thereof, or automobile hulks on public or private property is declared to be a public nuisance, except as provided for in Section 10.12.060 of this chapter. Such public nuisance may be abated as provided for in Sections 10.12.040 and 10.12.050 of this chapter.
(Ord. 1165 § 2 (part), 2005).
10.12.040 Summary removal procedures.
A. The department of buildings and codes and/or the police department (administrative authority) is empowered to inspect and investigate complaints about the storing or keeping of junk vehicles, parts thereof, and automobile hulks on public and private property. Upon discovery of an alleged junk vehicle, parts thereof, or automobile hulk, the administrative authority may contact the landowner of the property where the junk vehicle, parts thereof, or automobile hulk is located, and determine if the landowner claims any ownership interest in or bailment responsibility for the junk vehicle, parts thereof, or automobile hulk. If the landowner claims no ownership interest or bailment responsibility, the administrative authority shall request the landowner to execute a statement to that effect under penalty of perjury.
B. If the landowner claims an ownership interest or bailment responsibility for the junk vehicle, parts thereof, or automobile hulk located on his or her property, and the landowner does not within fifteen calendar days after notification by the administrative authority voluntarily abate the nuisance either by removing it from the property or enclosing it as provided for in Section 10.12.060(A) of this chapter, the administration authority may proceed to deal with the junk vehicle, parts thereof, or automobile hulk as provided for in Section 10.12.050 of this chapter.
C. Upon execution by the landowner of the statement of no ownership interest in or bailment responsibility for the junk vehicle, parts thereof, or automobile hulk, the administrative authority shall cause a junk vehicle notification form to be mailed to the vehicle's registered legal owner of record by certified mail, return receipt requested. Additionally, this notification shall inform the owner of the city's intent to dispose of the junk vehicle, parts thereof, or automobile hulk. If the junk vehicle, parts thereof, or automobile hulk remains unclaimed for more than fifteen calendar days after the junk vehicle notification form has been received, the administrative authority may have the junk vehicle, parts thereof, or automobile hulk removed with notice to the Washington State Patrol and the Department of Licensing that the junk vehicle has been wrecked.
D. If no information identifying the owner of the junk vehicle, parts thereof, or automobile hulk is available after the landowner has executed the statement of no ownership interest or bailment responsibility, the administrative authority may place a legal notice of custody and sale in the official newspaper of the city. This notice shall comply with the provision of RCW 46.55.230(5), as now enacted or hereafter amended, and shall additionally inform the owner of the city's intent to dispose of the junk vehicle, parts thereof, or automobile hulk. If the junk vehicle, parts thereof, or automobile hulk remains unclaimed more than twenty days after publication of the notice, the administrative authority may have the junk vehicle, parts thereof, or automobile hulk removed with notice to the Washington State Patrol and Department of Licensing that the junk vehicle has been wrecked.
(Ord. 1165 § 2 (part), 2005).
10.12.050 Nuisance abatement procedures.
A. If the landowner claims an ownership interest in or bailment responsibility for a junk vehicle, parts thereof, or automobile hulk located on his property upon contact by the administrative authority as provided for in Section 10.12.040(B) of this chapter, then the matter shall be referred to the nuisance and housing enforcement officer for possible further action.
B. After referral to the nuisance and housing enforcement officer as provided for in subsection A of this section, the nuisance and housing enforcement officer may give notice to any landowner storing or keeping a junk vehicle, parts thereof, or automobile hulk within any zone in the city that such junk vehicle, parts thereof, or automobile hulk is a public nuisance which must be abated by the landowner within fifteen calendar days or the city will proceed to abate the nuisance by removal of the junk vehicle, parts thereof, or automobile hulk from the landowner's property; and, that the costs of such removal, including administrative costs, shall be assessed against the registered owner of the junk vehicle, parts thereof, or automobile hulk if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle or automobile hulk has complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the junk vehicle, parts thereof, or automobile hulk is stored. This notice shall also inform the registered owner and the landowner of the right to request a hearing to contest the city's proposed removal of the junk vehicle, parts thereof, or automobile hulk. This notice shall be delivered to the last registered owner of the junk vehicle, parts thereof, or automobile hulk and to the landowner and the property owner of record if different from the landowner by certified mail, return receipt requested.
C. Notice. The notice required by subsection B of this section shall be substantially the following form:
"JUNK VEHICLE, PARTS THEREOF, OR
AUTOMOBILE HULK REMOVAL NOTICE"
A junk vehicle(s), parts thereof, or automobile hulk(s) described as:
____ has been discovered by the City of Kalama located at
(Street Address) ____ described as
____
(legal) within the City of Kalama which is shown by public record to be the real property of
____ the last registered owner of such junk vehicle(s), parts thereof, or automobile hulk is listed of record as:
____
All of you are informed that such junk vehicle, parts thereof, or automobile hulk(s) (is) (are) a public nuisance and unless such nuisance is abated within fifteen (15) calendar days of your receipt of this notice by removal from the property hereinbefore described or enclosed on said property as set forth in Kalama City Code 10.12.060 (A), the City of Kalama will proceed to abate such public nuisance by removal of the listed junk vehicle(s), parts thereof, or automobile hulk(s) fifteen days after you or your representative receives this notice as shown on the return receipt for this certified mail. The costs of removal, including administrative costs, will be assessed against the registered owner, unless the owner can demonstrate compliance with RCW 46.12.101 at the time of transfer of ownership, and/or against the landowner.
You may request a hearing before the Kalama Municipal Court to contest: the City's determination that the above described junk vehicle(s), parts thereof, or automobile hulk(s) (is) (are) a public nuisance, the abatement thereof, or that you are legally responsible for these junk vehicle(s), parts thereof, or automobile hulk(s). To request this hearing, one of you must notify the undersigned in writing at the address below within ten (10) days of the date you or your representative received this notice as shown on the return receipt for this certified mail. If you do not request a hearing, the junk vehicle(s), parts thereof, or automobile hulk(s) will be removed by the City of Kalama and the costs thereof, including towing, storage, and other administrative costs, shall be assessed against all or any one of you.
DATED this ________ day of ________, 19________.
________
NUISANCE AND HOUSING
ENFORCEMENT OFFICER
City of Kalama
Kalama, Washington 98625
(360) 673-4562
D. After the expiration of the fifteen calendar days provided for in the notice to the registered owner and landowner if no hearing has been requested; or, after a hearing if requested and such action is authorized by the court, the enforcement officer may proceed to have the junk vehicle, parts thereof, or automobile hulk removed and the costs of such removal, including administrative costs, shall be taxed against the registered owner and/or landowner jointly and severally; and notice shall be given to the Washington State Patrol and the Department of Licensing that the junk vehicle, parts thereof, or automobile hulk has been wrecked.
E. If either the last known registered owner of the junk vehicle, parts thereof, or automobile hulk, or the landowner requests a hearing before the Kalama Municipal Court to contest either: (a) the city's determination that the junk vehicle, parts thereof, or automobile hulk constitutes a public nuisance, or (b) the abatement thereof, or (c) the legal responsibility of either or both the registered owner and/or landowner for the junk vehicle, parts thereof, or automobile hulk, the hearing shall be conducted after a written notice of the date, time, and place of such hearing is mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The hearing shall be held within thirty days of receipt of a written request for a hearing. No action shall be taken to remove the junk vehicle, parts thereof, or automobile hulk during the pendency of a hearing, except pursuant to court order.
The landowner may appear in person at said hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the junk vehicle, parts thereof, or automobile hulk on the real property, with his reasons for the denial. If it is determined at the hearing that the junk vehicle, parts thereof, or automobile hulk was or were placed on the land without the consent of the landowner and the landowner has not subsequently acquiesced in its presence, then the court shall not assess costs of administration or removal of the junk vehicle, parts thereof, or automobile hulk against the property upon which the junk vehicle, parts thereof, or automobile hulk is located or otherwise attempt to collect the costs from the owner.
(Ord. 1165 § 2 (part), 2005).
10.12.060 Exceptions.
The provisions of this chapter shall not apply under the following conditions:
A. If a junk vehicle, parts thereof, or automobile hulk is completely enclosed within a building in a lawful manner and is not visible from the street or other public or private property; or
B. If a junk vehicle, parts thereof, or automobile hulk is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130 as now enacted or hereafter amended.
(Ord. 1165 § 2 (part), 2005).
10.12.070 General duty.
None of the provisions of this chapter are intended to create a cause of action or provide the basis for a claim against the city, its officials, or employees for the performance or failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public.
(Ord. 1165 § 2 (part), 2005).
10.12.100 Certain provisions superseded.
With respect to the types of vehicles described herein, the procedures set forth in this chapter shall supersede those described in Chapter 7.04 of the Kalama Municipal Code.
(Ord. 1165 § 2 (part), 2005).
IMPOUNDING VEHICLES AFTER ARREST FOR DRIVING WITHOUT A VALID DRIVER'S LICENSE AND UNDER THE INFLUENCE
Sections:
10.14.010 Impoundment of vehicle where driver is arrested for a violation of RCW 46.20.005, 46.20.015, 46.20.342, 46.20.420, 46.61.502, 46.61.504--Period of impoundment.
10.14.020 Redemption of impounded vehicles.
10.14.030 Post-impoundment hearing procedure.
10.14.010 Impoundment of vehicle where driver is arrested for a violation of RCW 46.20.005, 46.20.015, 46.20.342, 46.20.420, 46.61.502, 46.61.504--Period of impoundment.
A. Whenever the driver of a vehicle is arrested for a violation of RCW 46.20.005, 46.20.015, 46.20.342, 46.20.420, 46.61.502, 46.61.504, the vehicle is subject to impoundment at the direction of a police officer.
B. Whenever the driver of a vehicle is arrested or cited for a violation of RCW 46.20.005, 46.20.015, 46.20.342, 46.20.420, 46.61.502, 46.61.504, then the vehicle may be released as soon as all the requirements of Section 10.14.020 are satisfied.
C. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(c) and the Washington Department of Licensing's records show that the driver has been convicted one time of a violation of RCW 46.20.342 or similar local ordinance within the past five years, the vehicle shall be impounded for fifteen days.
D. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.341(1)(c) and the Washington Department of Licensing's records show that the driver has been convicted two or more times of a violation of RCW 46.20.342 or similar local ordinance within the past five years, the vehicle shall be impounded for thirty days.
E. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of Licensing's records show that the driver has not been convicted of a violation of RCW 46.20.342(1)(a) or (b) or similar local ordinance once within the past five years, the vehicle shall be impounded for thirty days.
F. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of Licensing's records show that the driver has been convicted one time of a violation of RCW 46.20.342(1)(a) or (b) or similar local ordinance once within the past five years, the vehicle shall be impounded for sixty days.
G. If a vehicle is impounded because the driver is arrested for a violation of RCW 46.20.342(1)(a) or (b) and the Washington Department of Licensing's records show that the driver has been convicted of a violation of RCW 46.20.342(1)(a) or (b) or similar local ordinance two or more times within the past five years, the vehicle shall be impounded for ninety days.
(Ord. 1023 § 1, 1999).
10.14.020 Redemption of impounded vehicles.
Vehicles impounded by the city shall be redeemed only under the following circumstances:
A. Only the registered owner, a person authorized by the registered owner, or one who has purchased the vehicle from the registered owner, who produces proof of ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to Section 10.14.010 must, prior to the redemption, establish that he or she has a valid driver's license and is in compliance with RCW 46.30.020. A vehicle impounded pursuant to Section 10.14.010(C) through (G) can be released only pursuant to a written order from the court.
B. Any person so redeeming a vehicle impounded by the city shall pay the towing contractor for costs of impoundment removal, towing and storage prior to redeeming such vehicle, except as provided for by subsection C of this section. Such towing contractor shall accept payment as provided in RCW 46.55.120(1)(b) as now or hereafter amended. If the vehicle was impounded pursuant to Section 10.14.010 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.
C. The Municipal Court is authorized to release a vehicle impounded pursuant to Section 10.14.010(C) through (G) prior to the expiration of any period of impoundment upon petition of the spouse of the driver based on economic or personal hardship to such spouse resulting from the unavailability of the vehicle and after consideration of the threat to public safety that may result from release of the vehicle including, but not limited to, the driver'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 the requirements of Section 10.14.020(A) and (B).
D. Any person seeking to redeem a vehicle impounded as a result of a parking or traffic citation has a right to a Municipal Court hearing to contest the validity of an impoundment or the amount of removal, towing, and storage charges if such request for hearing is in writing, in a form approved by the Municipal Court and signed by such person, and is received by the Municipal Court within ten days (including Saturdays, Sundays and holidays) of the date the notice was given to such person by the registered tow truck operator pursuant to RCW 46.55.120(2)(a). Such hearing shall be provided as follows:
1. If all of the requirements to redeem the vehicle, including expiration of any period of impoundment under Section 10.14.010, have been satisfied, then the impounded vehicle shall be released immediately and a hearing as provided for in Section 10.14.030 shall be held within ninety days of the written request for hearing.
2. If not all of the requirements to redeem the vehicle, including expiration of any period of impoundment under Section 10.14.010, have been satisfied, then the impounded vehicle shall not be released until after the hearing provided pursuant to Section 10.14.030, which shall be held within five business days (excluding Saturdays, Sundays and holidays) of the written request to the court for hearing.
3. Any person seeking a hearing who has failed to request such hearing within the time specified in Section 10.14.020(D) may petition the Municipal Court for an extension of time to file a request for hearing. Such extension shall only be granted upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed. For the purposes of this section, "good cause" shall be defined as circumstances beyond the control of the person seeking the hearing that prevented such person from filing a timely request for hearing. In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with this chapter.
4. If a person fails to file a timely request for hearing and no extension to file such a request has been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment are deemed to be proper, and the city shall not be liable for removal, towing and storage charges arising from the impoundment.
(Ord. 1023 § 2, 1999).
10.14.030 Post-impoundment hearing procedure.
Hearings requested pursuant to Section 10.14.020 shall be held in the Municipal Court, which could shall determine whether the impoundment was proper and whether the associated removal, towing and/or storage fees were proper.
A. 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.
B. If the impoundment is found to be proper, the court shall enter an order so stating. In the event that the costs of impoundment, removal, towing and storage have not been paid or any other applicable requirements of Section 10.14.020(B) have not been satisfied or any period of impoundment under Section 10.14.010 has not expired, the court's order shall also provide that the impounded vehicle shall be released only after payment to the city of any fines imposed on any underlying traffic or parking infraction and satisfaction of any other applicable requirements of Section 10.14.020(B).
C. If the impoundment is found to be improper, the court shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment have already been paid, the court shall enter judgment against the city and in favor of the person who has paid the costs of impoundment in the amount of the costs of the impoundment.
D. In the event that the court finds that the impound was proper, but that the removal, towing and/or storage fees charged for the impoundment were improper, the court shall determine the correct fees to be charged. If the costs of impoundment have been paid, the court shall enter a judgment against the city and in favor of the person who has paid the costs of impoundment for the amount of the overpayment.
E. No determination of facts made at a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution and such determination shall not preclude litigation of those same facts in a subsequent criminal prosecution.
F. As to any impoundment arising from an alleged violation of RCW 46.20.342 or 46.20.420, if it is determined to be improper, then the law enforcement officer directing the impoundment and the government employing the officer are not liable for damages if the officer relied in good faith and without gross negligence on the records of the department in ascertaining that the operator of the vehicle had a suspended or revoked driver's license.
(Ord. 1023 § 3, 1999).