Title 10
VEHICLES AND TRAFFIC
Chapters:
10.04
Washington Model Traffic Ordinance Adopted
10.76
Parking Regulations
10.81
Abatement of Junk Vehicles
10.84
Unattended Vehicles
10.88
Winter Parking Regulations
10.90
Failure to Respond to Notice
10.96
Bicycles – Skateboards – Roller Skates – Scooters –
Coasters
Chapter 10.04
WASHINGTON MODEL TRAFFIC ORDINANCE ADOPTED
Sections:
10.04.010 Adoption by reference.
10.04.010 Adoption by reference.
The “Washington
Model Traffic Ordinance,” Chapter 308-330 WAC, hereinafter
referred to as “MTO,” is hereby adopted by reference as
the traffic ordinance of this city as if set forth in
full. (Ord. 1058 § 1, 2005; Ord. 832 § 1, 1994).
Chapter 10.76
PARKING REGULATIONS
Sections:
10.76.010 Compliance with chapter provisions.
10.76.020 Corner cutting.
10.76.030 Parking time limits.
10.76.040 Parking near fire hydrant or in
intersection.
10.76.050 Parking regulations generally.
10.76.060 Truck parking restrictions.
10.76.070 Parking on sidewalks.
10.76.080 Parking unlicensed or mechanically
inoperable vehicles and trailers.
10.76.090 Removal of unlicensed vehicles and
trailers.
10.76.100 Parking for certain purposes – Prohibited.
10.76.110 Violation – Penalty.
10.76.010 Compliance with chapter provisions.
It is unlawful for
the owner, operator, or driver or person in charge of any
vehicle upon the streets of the city to fail, neglect, or
refuse to conform to or observe any of the rules and
regulations provided in this chapter. Ignorance of the
provisions of this chapter shall furnish no excuse for
disregarding them. (Ord. 1071 § 1, 2005; Ord. 1058 § 1,
2005; Ord. 139 § 30, 1921).
10.76.020 Corner cutting.
It is unlawful for
the driver of a vehicle intending to turn onto another
street at an intersection, or at any other point in the
city of Cashmere, to make or attempt to make a right-hand
or left-hand turn by crossing over private property,
except in compliance with law or the direction of a law
enforcement official or traffic control device. (Ord. 1071
§ 1, 2005; Ord. 1058 § 1, 2005; Ord. 882 § 1, 1996).
10.76.030 Parking time limits.
A. On all days except Sundays and holidays between the
hours of 8:00 a.m. and 6:00 p.m., no vehicles shall be
stopped or parked for more than two hours on the following
streets: Cottage Avenue on both sides between Aplets Way
and Woodring Street; Aplets Way between Elberta Avenue and
Cottage Avenue on the east side and Perry Street to
Mission Avenue on the west side; the east side of Woodring
Street from the alley between Cottage and Mission to
Mission Avenue.
B. On all days except Sundays and holidays between the
hours of 8:00 a.m. and 6:00 p.m., no vehicles shall be
stopped or parked for more than 15 minutes on the
following streets: Aplets Way on the west side between
River Street and Independence Way; Woodring Street on the
west side between Mission Avenue and the alley; Elberta
Avenue on the north side from Woodring Street extending
west in front of the United States Post Office. (Ord. 1071
§ 1, 2005; Ord. 1058 § 1, 2005; Ord. 815 § 1, 1993; Ord.
614 § 1, 1980; Ord. 186 § 1, 1929; Ord. 139 § 8, 1921).
10.76.040 Parking near fire hydrant or in
intersection.
No vehicle shall stop or be left standing, or parked,
within 15 feet of any fire hydrant or the intersection of
any street, streets or alleys. (Ord. 1071 § 1, 2005; Ord.
1058 § 1, 2005; Ord. 186 § 2, 1929; Ord. 139 § 17, 1921).
10.76.050 Parking regulations generally.
It is unlawful for any person to allow or permit their
vehicle to be parked at any time on the following
described streets, alleys and avenues in the city:
A. Woodring Street from Cottage Avenue south to the alley.
B. On the north side of Elberta Street from Woodring
Street to Vine Street.
C. On the south side of Elberta Street from Aplets Way to
Woodring Street.
D. On the south side of River Street.
E. On the south side of Perry Street.
F. Phillips Road.
G. Cascade Place.
H. Chase Avenue from Olive Street to Cedar Street on both
sides.
I. On the south side of Riverside from Woodring 200 feet
to the east.
J. On the east side of Mission Creek.
K. North side of Angier.
L. On both sides of Tigner from the tennis courts to Glen
Street.
M. On the east side of Tigner from Pioneer Avenue to the
tennis courts.
N. On any alley. (Ord. 1071 § 1, 2005; Ord. 1058 § 1,
2005).
10.76.060 Truck parking restrictions.
A. No person shall park a truck of 10,000 pounds or over
gross tare weight capacity for any purpose or length of
time other than for the expeditious unloading and delivery
or pickup and loading of materials or for emergency
repairs thereto on any portion of a public street or
alley.
B. No person shall park a truck of 10,000 pounds or over
gross tare weight capacity in the city parking facilities
located on, Elberta Avenue or the city library. (Ord. 1071
§ 1, 2005; Ord. 1058 § 1, 2005).
10.76.070 Parking on sidewalks.
It is unlawful for any person to drive over, or to park or
stand any vehicle on any sidewalks within the city; except
that it is not unlawful to cross any sidewalk where a
driveway exists and the curb and sidewalk is contoured
accordingly. (Ord. 1071 § 1, 2005; Ord. 1058 § 1, 2005).
10.76.080 Parking unlicensed or mechanically
inoperable vehicles and trailers.
A. It shall be unlawful for any person to stand or park
any vehicle or trailer that is unlicensed or not currently
licensed or in full compliance with the requirements of
Chapter 46.29 RCW, Financial Responsibility, on any city
street, city parking facility, alley, city right-of-way,
or public property.
B. It shall be unlawful for any person to stand or park
any vehicle or trailer that is damaged to the extent that
it has a broken window or windshield, or missing wheels,
or tires, or motor or transmission or is not equipped with
any equipment required for operation on public highways as
contained in Chapter 46.37 RCW and pertinent sections of
the WAC on any highway, city street, city parking lot,
alley, city right-of-way, or public property.
C. Undefined terms or words in this section shall have the
definition as provided in the RCW as adopted and amended.
(Ord. 1071 § 1, 2005; Ord. 1058 § 1, 2005).
10.76.090 Removal of unlicensed vehicles and
trailers.
Twenty-four hours
subsequent to the issuance of a parking warning notice for
a violation of CMC 10.76.080 if the vehicle or trailer
continues to be parked in violation of this chapter, it
shall be impounded. The owner of the vehicle or trailer
shall be responsible for all costs associated with the
removal and storage as provided in RCW Title 46. (Ord.
1071 § 1, 2005; Ord. 1058 § 1, 2005).
10.76.100 Parking for certain purposes – Prohibited.
No person shall
park a vehicle in a public parking lot for the purpose of:
A. Displaying
commercial or noncommercial signs; or
B. Displaying a
vehicle for sale.
C. No person shall
park any vehicle on city property for the purpose of
washing, greasing, or repairing such vehicle except
repairs necessitated by an emergency. (Ord. 1071 § 1,
2005).
10.76.110 Violation – Penalty.
Any person
violating any of the provisions of this chapter shall be
guilty of a civil infraction and shall be punished by a
civil penalty of not more than $100.00 for the first
offense and not more than $250.00 for each subsequent
offense. If the violation is related to illegal parking,
each day the violation continues to exist shall be treated
as a separate offense. (Ord. 1071 § 1, 2005; Ord. 1058
§ 1, 2005).
Chapter 10.81
ABATEMENT OF JUNK VEHICLES
Sections:
10.81.010 Purpose.
10.81.020 Definitions.
10.81.030 Exemptions.
10.81.040 Abatement and removal of junk vehicles on
private property.
10.81.050 Violation – Penalty.
10.81.010 Purpose.
The purpose of this
chapter is to preserve the character and safety of the
city’s neighborhoods by eliminating as nuisances junk
vehicles from private property, and to provide procedures
for the removal of junk vehicles as authorized by RCW
46.55.240. (Ord. 1058 § 1, 2005; Ord. 925 § 1, 1998).
10.81.020 Definitions.
For the purpose of
this chapter, the following words shall have the following
meanings:
A. “Junk vehicle”
means any vehicle certified under RCW 46.55.230 as
meeting at least three of the following requirements (RCW
46.55.010(4)):
1. Is three years
old or older;
2. Is extensively
damaged, such damage including, but not limited to, any of
the following: a broken window or windshield or missing
wheels, tires, motor or transmission;
3. Is apparently
inoperable;
4. Has an
approximate fair market value equal only to the
approximate value of the scrap in it.
B .“Enforcement
officer” means the city administrator or any city official
or employee designated by the administrator.
C. “Landowner”
means an owner of private property or a person in
possession or control of private property. (Ord. 1058 § 1,
2005; Ord. 925 § 1, 1998).
10.81.030 Exemptions.
The provisions of this chapter shall not apply to:
A. A vehicle or part thereof which is completely enclosed
within a building in a lawful manner, or 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 of a licensed vehicle or dismantled vehicle
dealer and is fenced according to the provisions of RCW
46.80.130. (Ord. 1058 § 1, 2005; Ord. 925 § 1, 1998).
10.81.040 Abatement and removal of junk
vehicles on private property.
A. The storage or retention of junk vehicles on private
property is declared to constitute a public nuisance
subject to abatement by removal and disposal. The
enforcement officer shall inspect and investigate
complaints relative to junk vehicles, or parts thereof, on
private property. Upon discovery of such nuisance, the
enforcement officer shall cause the Chelan County
sheriff’s department to inspect said vehicle to determine
if the same meets the requirements of RCW 46.55.010(4). If
the inspection by the Chelan County sheriff’s department
confirms that the vehicle in question meets the criteria
of RCW 46.55.010(4), then the enforcement officer shall
give notice in writing to the last registered owner of
record of the junk vehicle and also to the property owner
of record that a public hearing may be requested before
the city council or other administrative hearings officer
as shall be designated by the city council, and that if no
hearing is requested within 10 days, the junk automobile
will be removed. Costs of removal may be assessed against
the last registered owner of the junk vehicle if the
identity of such owner can be determined, or the costs may
be assessed against the landowner of the property on which
the junk vehicle is stored.
B. If a request for a hearing is received, a notice giving
the time, location and date of such hearing on the
question of the abatement of junk vehicle or part thereof
as a public nuisance shall be mailed, by certified or
registered mail with a return receipt requested, to the
owner of the land as shown on the last equalized
assessment roll of the county assessor and to the last
registered and legal owner of record of the junk vehicle
unless the junk vehicle is in such condition that the
identification numbers are not available to determine
ownership.
C. The owner of the land on which the junk vehicle is
located may appear in person at the hearing or present a
written statement in time for consideration at the
hearing, and deny responsibility for the presence of the
junk vehicle on the land, with his reasons for such
denial. If it is determined at the hearing that the junk
automobile was placed on the land without the consent of
the landowner and that he has not subsequently acquiesced
in its presence, then the city council shall not assess
costs of administration or removal of the junk vehicle
against the property upon which the junk vehicle is
located or otherwise move to collect such costs from the
property owner.
D. After notice has been given of the intent of the city
to dispose of the junk vehicle, and after a hearing, if
requested, has been held, the junk vehicle, or part
thereof, shall be removed, at the request of the
enforcement officer, and disposed of by a registered tow
truck operator with notice to the Washington State Patrol
and the Department of Licensing that the vehicle has been
wrecked.
E. The city shall, within 30 days after removal of the
junk vehicle from private property, file or record with
the county auditor a claim for lien for the costs of
removal and disposal, which shall be in substance in
accordance with the provisions covering mechanics’ liens
in Chapter 60.04 RCW, and said lien shall be foreclosed in
the same manner as such liens. (Ord. 1058 § 1, 2005; Ord.
925 § 1, 1998).
10.81.050 Violation – Penalty.
In addition to the costs of abatement, any person
violating any portion of this chapter shall be deemed to
have committed a civil infraction commencing upon the date
that the enforcement officer or city council had specified
for completion of abatement and shall be fined not less
than $250.00 per violation, the first $250.00 of which
shall not be suspended or deferred. A separate offense
shall be deemed committed on each day during which a
violation occurs or continues. (Ord. 1058 § 1, 2005; Ord.
925 § 1, 1998).
10.88.010 Hours prohibited.
10.96.010 Prohibited on sidewalk – Central
business district.
10.96.020 Conditions of use.
10.96.030 Violation – Penalty.
10.96.010 Prohibited on sidewalk – Central
business district.
It
is unlawful for any person to ride any bicycle, skateboard,
roller skates, scooter, coaster, or any other similar
wheeled device upon any sidewalk, and it is unlawful for any
person to ride any skateboard, roller skates, scooter,
coaster, or any other similar wheeled device upon any street
in the following described area of the central business
district of the city of Cashmere:
Cottage Avenue from
the intersection with Aplets Way to the intersection with
Woodring Street, and Aplets Way from the intersection with
Mission Avenue to the intersection with Elberta Avenue.
(Ord. 1058 § 1, 2005; Ord. 1016 § 2, 2002; Ord. 921 § 2,
1998).
10.96.020 Conditions of use.
A person may ride a
bicycle, skateboard, roller skates, scooter, coaster, or any
other similar wheeled device upon any other sidewalk in the
city of Cashmere unless restricted or prohibited by traffic
control devices or any other state or municipal law and
provided such person on such device shall yield the
right-of-way to pedestrians and traffic. (Ord. 1058 § 1,
2005; Ord. 1016 § 3, 2002; Ord. 921 § 3, 1998).
10.96.030 Violation – Penalty.
Any person violating
any of the provisions of this chapter shall be guilty of a
civil infraction and shall be punished by a civil penalty of
not less than $5.00 and not more than $100.00. (Ord. 1058
§ 1, 2005; Ord. 1016 § 4, 2002; Ord. 921 § 4, 1998).