Title 10 VEHICLES AND TRAFFIC

Transcription

1 Title 10 VEHICLES AND TRAFFIC Chapters: Motorized Scooters Speed Regulations One-Way Streets and Alleys Special Stops Required Stopping, Standing or Parking Prohibited Street Use Regulations Stopping for Loading or Unloading Only Junk Vehicles Impounds on Publicly Owned or Controlled Property Impounds after driving without a valid driver=s license and under the Influence arrests. EPHRATA MUNICIPAL CODE 10-1

2 Chapter MOTORIZED SCOOTERS Sections: Statutory authority Definition Rules of operation Responsibility Violation - penalty Confiscation Statutory authority. The provisions of this chapter shall be deemed an exercise of the authority and power of the city to regulate the use of motorized scooters as allowed by RCW , for the purposes of enhancing the health, safety, and welfare of its citizens and to promote the orderly flow of traffic in the City of Ephrata Definition of motorized foot scooter. A device with no more than two ten-inch or smaller diameter wheels that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. Definition of Pocket Bike/Pocket Rocket/Mini-Motorcycle. Any motor driven device that meets the definition of motorcycle set forth in RCW as a motor vehicle designed to travel on not more than three wheels in contact with the ground, on which the driver rides astride the motor unit or power train and is designed to be steered with a handle bar, but does not meet one or more of the requirements for operation on roadways set forth in RCW , RCW , and RCW Rules of operation. A. Motorized foot scooters shall not be operated on public roadways with a speed limit of greater than 25 miles per hour. B. Operators of motorized foot scooters shall adhere to all rules of the road applicable to motorized vehicles, pedestrians and bicycles, as well as instructions of official traffic control signals, signs, and other control devices applicable to vehicles, unless otherwise directed by a police officer. C. Motorized foot scooters shall not be operated on City owned property, City parks, walkways, paths, trails, sidewalks or any other place where other motorized vehicles are expressly prohibited. EPHRATA MUNICIPAL CODE 10-2

3 D. Motorized foot scooters shall not be operated on publicly owned parking lots, and privately owned parking lots without the permission of the owner. E. Motorized foot scooters shall not be operated at any time during one half hour after sunset to one half hour before sunrise unless equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the state patrol which shall be visible from all distances up to six hundred feet to the rear when directly in front of lawful low beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector. A light emitting diode flashing taillight visible from a distance of five hundred feet to the rear may also be used in addition to the red reflector. F. No person shall transport or tow another person on, in or with a motorized foot scooter within the City of Ephrata. G. Motorized foot scooters shall not be ridden in a negligent or unsafe manner, but shall be operated with reasonable regard for the safety of the operator, and other persons, and in a manner to avoid damage to real or personal property. For purposes of this section, to operate in a negligent or unsafe manner means operation of a vehicle in such a manner as to endanger or be likely to endanger any person or property. H. Motorized foot scooters shall not be operated without an approved helmet designed for safety which shall have either the neck or chin strap fastened securely while the motorized foot scooter is in motion. Helmet means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell and a neck or chin strap type retention system, with a label required by the Federal Consumer Product Safety Committee as adopted by the Code of Federal Regulations 16 CFR 12.03, or an approved safety design that meets or exceeds the requirements of standard Z.90.4 set by American National Standard Institute, or a subsequently nationally recognized standard for helmet performance as the city may adopt. I. Motorized foot scooters must be equipped with a braking device which forces a wheel to skid on clean, dry, level pavement. J. Operation of a motorized foot scooter is subject to the provisions of the City of Ephrata noise ordinance. Operation of a gas motorized foot scooter without a muffling device, or operation with a modified muffling device is unlawful. K. Operation of Pocket Bikes/Pocket Rockets/Mini-Motorcycles are banned from operation on any public right of way, City owned property, City parks, walkways, paths, trails, sidewalks or any other place where other motorized vehicles are expressly prohibited, or on publicly owned parking lots, and privately owned parking lots without the permission of the owner. EPHRATA MUNICIPAL CODE 10-3

4 Responsibility. No person shall do any act forbidden by this chapter or fail to perform any act required by this chapter. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter Violation-penalty. Any person violating this chapter shall be guilty of a civil infraction and shall be punished by imposition of a monetary penalty as follows: Operation in a negligent manner or in a restricted area: C-12 First violation of any other provision: C-9 Second violation of any provision: C-6 Third or subsequent violation of any provision: C-6 and confiscation Confiscation. In the event of a third or subsequent offense, the motorized foot scooter may be seized and held for a 90-day period by the Ephrata Police Department. After 90 days, the scooter may be released to the owner, upon verification of ownership satisfactory to the Police Department, and upon payment of a $50.00 administrative processing fee to the City of Ephrata. Any unclaimed motorized foot scooters may be disposed of in accordance with state law. (Ord , 2005) EPHRATA MUNICIPAL CODE 10-4

5 Chapter SPEED REGULATIONS Sections: State speed laws applicable Decrease of state speed limit at certain intersections Increasing speed limit in certain zones Decrease of state law maximum speed State speed laws applicable. The state traffic laws regulating the speed of vehicles shall be applicable upon all streets within this city, except as this title, as authorized by state law, declares and determines upon the basis of engineering and traffic investigation that certain speed regulations shall be applicable upon specified streets or in certain areas, in which event it shall be unlawful for any person to drive a vehicle at a speed in excess of any speed so declared in this title when signs are in place giving notice thereof. (Ord. 781 Art. IV 22, 1969) Decrease of state speed limit at certain intersections. It is determined upon the basis of an engineering and traffic investigation that the speed permitted by state law at the following street intersections is greater than is reasonable or safe under the conditions found to exist at such intersections and it is declared that a reasonable and safe speed limit thereat, which shall be effective at all times or during hours of daylight or darkness or at the times specified in this chapter and within those intersections designated in this chapter shall be as stated in this chapter, which speeds so declared shall be effective at the times specified in this chapter when appropriate signs are erected at such intersections or upon approaches thereto giving notice of the speed limit so declared thereat: All streets and intersections within the central business district as defined in this chapter: 25 mph at all times. (Ord. 781 Art, IV 23, 1969) Increasing speed limit in certain zones. It is determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets is less than is necessary for safe operation of vehicles thereon by reason of the designation and sign posting of said streets as arterial highways and by reason of widely spaced intersections and it is declared that the speed limit shall be as hereinafter set forth on those streets or parts of streets designated in this chapter, at the times specified when signs are erected giving notice thereof: EPHRATA MUNICIPAL CODE 10-5

6 Name of Street Speed Limit Times Alder Street N.W: from 400 feet north of 7th Avenue NW to the intersection of Alder Street NW and SR mph At all times Nat Washington Way: from 9 th Avenue SE to SR mph At all times E Division Street: from 600 feet east of Summitview Drive to Airport Street 35 mph At all times Dodson Road: from Road 14 NW to Road 13 NW 55 mph At all times Railroad Avenue: from Road 14 NW to Road 13 NW 35 mph At all times SR-282: from SR-28 to A Street SE 35 mph At all times Basin Street/SR-28: from Burlington Northern Railroad Bridge (MP 44.30) to 19th Avenue SW (MP 46.06) 50 mph At all times Basin Street/SR-28: from 19th Avenue SW to 4th Ave SW 35 mph At all times Basin Street/SR-28: from 4th Avenue NW to 1000 feet north of 8th Ave NW 35 mph At all times Basin Street/SR-28: from 1000 feet north of 8 th Avenue NW to the intersection of Alder Street NW and SR-28 (MP 49.13) 50 mph At all times (Ord , 1996, Ord , Ord , 2010) Decrease of state law maximum speed. It is determined upon the basis of an engineering and traffic investigation that the speed permitted by state law outside of business and residence districts as applicable upon the following streets is greater than is reasonable or safe under the conditions found to exist upon such streets and it is declared that the speed limit shall be twenty miles per hour as set forth in this section on those streets or parts of streets herein designated at the times herein specified when signs are erected giving notice thereof: Name of Street Speed Limit Times Parkway Boulevard SW 20 mph At all times All alleyways within the corporate limits of Ephrata 20 mph At all times (Ord , 1991, Ord , 2010). EPHRATA MUNICIPAL CODE 10-6

7 Any altered limit established as hereinbefore authorized shall be effective when appropriate signs giving notice thereof are erected. Such maximum speed limit may be declared to be effective at all times or at such times as are indicated upon such signs; and differing limits may be established for different times of day, different types of vehicles, varying weather conditions, and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs. (Ord ) EPHRATA MUNICIPAL CODE 10-7

8 Chapter ONE-WAY STREETS AND ALLEYS Sections: One-way streets and alleys--regulations. Upon those streets and parts of streets and in those alleys described in vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited, and a vehicle passing around a rotary traffic island shall be driven only to the right of such island. (Ord , 1990). (a) The vehicular traffic shall travel westerly from Basin Streets Northwest onto this alley. Block 3, Cyrus First Addition to Ephrata (b) The vehicular traffic shall travel easterly from Basin Street Northwest onto these alleys. Block 1, Cyrus First Addition to Ephrata Block 1, Original Town Plat of Ephrata (c) The vehicular traffic shall travel easterly from Basin Street Southwest onto these alleys: Block 2, Original Town Plan of Ephrata (d) The vehicular traffic shall travel westerly on these alleys to Basin Street S.W. Block 3, Original Town Plat of Ephrata (Ord , 1990) EPHRATA MUNICIPAL CODE 10-8

9 Chapter SPECIAL STOPS REQUIRED Sections: Arterial highways designated. Those streets and parts of streets described are declared to be arterial highways for the purpose of this section. (Ord , 1990) State Highways State Secondary Highway 282, from Basin S.W. to East City Limit Primary Secondary Highway 28, from South City Limit to North City Limit City Major Arterials S.E. Boulevard from Railroad to East City Limit Division Street E. from Railroad to Airport Street A Street S.E. from S.E. Boulevard to South City Limit 11th Avenue S.W. from C Street S.W. to Basin Street S.W. 5th Avenue S.W. from Basin Street S.W. to Alder Street S.W. 3rd Avenue S.W. from Railroad to C Street S.W. Division Street West from Railroad to E Street N.W. A Street S.W. from 5th Avenue S.W. to Division C Street S.W. from 11th Avenue S.W. to Division 1st Avenue N.W. from Alder Street N.W. to West City Limits 4th Avenue N.W. from Basin Street N.W. to C Street N.W. Alder Street N.W. from Division Street to North City Limits C Street N.W. from Division Street to 4th Avenue N.W. City Secondary Arterials 5th Avenue S.E. from S.E. Boulevard to Division Avenue E. D Street S.E. from S.E. Boulevard to Division Street D Street N.E. from Division to 3rd Avenue N.E. 16th Avenue S.W. from Basin Street S.W. to C Street S.W. 3rd Avenue S.W. from C Street to E Street S.W. C Street S.W. from Division Street to 18th Avenue S.W. 8th Avenue N.W. from Basin Street N.W. to Frey Road Frey Road from 5th Avenue N.W. to 8th Avenue N.W. C Street N.W. from 4th Avenue N.W. to 5th Avenue N.W. F Street N.W. from W. Division Street to 3rd Avenue N.W. A Street S.E. from E. Division to S.E. Boulevard EPHRATA MUNICIPAL CODE 10-9

10 2nd Avenue S.E. from D Street S.E. to Ivy Street S.E. H Street S.E. from E. Division Street to 2nd Avenue S.E. Mocliff Road from 1st Avenue N.W. to Statter Road 3rd Avenue N.W. from E Street N.W. to F Street N.W. E Street N.W. from 3rd Avenue N.W. to 4th Avenue N.W. 4th Avenue N.W. from C Street N.W. to E Street N.W. Statter Road from 1st Avenue N.W. to Mocliff Road 3rd Avenue N.E. from D Street N.E. to J Street N.E. 5th Avenue N.W. from Frey Road to Alder Street N.W. H Street N.E. from Division to 3rd Avenue N.E. 18th Avenue S.W. from Basin Street S.W. to C Street S.W. (Ord , 1990) EPHRATA MUNICIPAL CODE 10-10

11 Chapter STOPPING, STANDING OR PARKING Sections: Definitions Statutes Adopted by Reference Officers Authorized to mark vehicles Parking Regulations Established Parking Signs Required Designation of Parking Spaces Parking in alleys, parks, playgrounds and city property Parking - License & Bonded Automobile Dealer Parking for certain purposed prohibited Parking of disabled vehicles Violations Enforcement Handicapped parking -- penalty Parking in a Fire Lane Parking adjacent to schools Parking prohibited on narrow streets No stopping, standing or parking near hazardous or congested places Parking prohibited at all times on certain streets Parking prohibited during certain hours on certain streets Parking time limited on certain streets Designated streets Punishment for violations Reservation of powers Definitions. For the purpose of this chapter the following words are defined as follows: (1) "Parking space" means any space adjacent to a curb or located in a parking lot which is duly designated for the parking of a single vehicle by lines painted or otherwise durably noted on a curb or on the surface of the street or lot as the case may be. (2) "Person' or "Responsible Person" as that term refers to a person parking a vehicle or being responsible for a vehicle subject to this chapter means the registered owner of that vehicle. Infractions or noticed delivered as that person's name and address appears in the records of the Washington State Department of Licensing as accessed by the police department shall be sufficient notice. It is not a defense to an infraction issued pursuant to this chapter that the registered owner was not operating the vehicle EPHRATA MUNICIPAL CODE 10-11

12 or that the registered owner has sold the vehicle without insuring the records of the Department of Licensing were updated as required by law Statutes Adopted by Reference: RCW entitled "Stopping, standing, or parking prohibited in specified places - Reserving portion of highway prohibited" and RCW entitled "Additional parking regulations" as now enacted or hereafter amended are adopted by reference as the law of the City Officers Authorized to Mark Vehicles. Police officers or persons designated by the Chief of Police are authorized to mark vehicles parked from time to time to aid in the enforcement of the parking ordinances. Such mark shall be by chalk upon the tires of the vehicles or by some other convenient method, but on which will not be injurious to or damage such vehicle. The marks placed upon any such vehicle shall not be interfered with, concealed, obliterated or erased by any person other than a police officer or an enforcement officer of the City while the same shall remain parked or standing at the place where marked. The standing or parking under the provisions of this chapter shall be deemed continuous despite any movement of the vehicle unless the vehicle is moved sufficiently to pass through or across a street intersection. Such movement is deemed to be the termination of any parking or standing period Parking Regulations Established. The Public Works Director shall establish no parking zones, time limitation parking zones, loading zones and all regulations concerning parking of vehicles within the City Parking Signs Required. Whenever by this chapter or any other ordinance or resolution, or order of the Public Works Department any parking time limit is imposed or parking is prohibited or restricted on designated streets, appropriate signs shall be erected giving notice thereof, and no such regulations shall be effective unless signs are erected and in place at the time of any alleged violation Designation of Parking Spaces. The Public Works Director is authorized and directed to mark off individual parking spaces in the areas designated and described in Section and in such other zones, areas or lots as the Public Works Director may establish, the parking spaces to be suitably designated by lines or other markers. At each space so designated or marked off, it is unlawful to park any vehicle in such a way that the vehicle is not entirely within the limits of the space so designated Parking in Alleys, Parks, Playgrounds and City Property. (a) No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than eight feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property, except that within the area defined by Second Avenue NW to Alder Street to Second Avenue SW to C Street stopping and standing which blocks EPHRATA MUNICIPAL CODE 10-12

13 traffic is allowed in the alleys for the purpose of pickups and deliveries to businesses located adjacent to those alleys. (b) No person shall stop, stand or park any motor vehicle upon any public park, playground, or other city property except on streets, alleys, thoroughfares or parking lots and areas provided for such purposes nor shall vehicles be parked in such manner as to block, obstruct or impede free access to and from said park or playground or city property. (c) No person who owns or has possession, custody or control of any vehicle shall park such vehicles upon any street or alley in the City for more than a consecutive period of one hundred twenty hours. (d) Any person violating subsections (a)-(c) of this section shall be deemed to have committed a non-traffic infraction which shall pay a C-18 penalty if paid within the fifteen days of the date of the violation and a C-16 penalty if paid within thirty days of the violation and a C-13 penalty if paid more than thirty days after the violation Parking - License & Bonded Automobile Dealer. Notwithstanding RCW , any licensed and bonded automobile dealer duly licensed by the State of Washington and having an established place of business within the City of Ephrata may display during said dealer's established place of business one motor vehicle with advertising indicating said vehicle is for sale so long as said vehicle is lawfully parked and does not constitute a traffic hazard Parking For Certain Purposes Prohibited. No person shall park a vehicle upon any roadway for the principal purpose of: (a) Displaying such vehicle for sale or for advertising services for vehicles (except as designated in Section ). (b) Washing, greasing, or repairing such vehicle except repairs necessitated by an emergency. (c) Selling, distributing, or displaying for sale any good, wares, foods and/or merchandise located on said vehicle without first obtaining a permit from the Chief of Police Parking of Disabled Vehicles. (a) It is a traffic infraction for a person to park or leave parked a disabled motor vehicle upon the rights-of-way of the City of Ephrata. However, if the motor vehicle is removed from the public right-of-way within twenty-four hours of being disabled, the person shall not be cited with an infraction. (b) For the purpose of this Section, a motor vehicle is disabled if it is incapable of being moved or operated under its own power and bears current license. EPHRATA MUNICIPAL CODE 10-13

14 Violations. It is unlawful and a violation of the provisions of this chapter for any person: (1) To cause, allow, permit or suffer any vehicle registered in the name of, or operated by, such person to be parked in violation of the limitations set forth in this chapter. (2) To park any vehicle across any line and/or marking of a parking space in a controlled parking zone or in such position that the vehicle shall not be entirely within the area designated by such line or markings Enforcement. It shall be the duty of the Chief of Police, or his designee, to enforce the provisions of this chapter Handicapped Parking -- Penalty. (a) It is unlawful for any person to park a motor vehicle in a parking space indicated to be for use by disabled or handicapped persons as indicated by signage in compliance with RCW , or by signage displaying the international symbol of access described under RCW upon the parking surface of upon a sign between forty-eight inches and sixty inches off the ground unless such person shall display, as provided by the laws of the State of Washington, a special card, decal, or license plate issued under RCW (b) Any person violating subsection (a) of this Section shall be deemed to have committed a non-traffic infraction which shall be liable to pay a C-13 penalty Parking in a Fire Lane (a) It shall be unlawful to park a motor vehicle in any area designated a fire lane by the Fire Chief or so designated by a red curb or signage except in compliance with the directions of a police or fire officer in a period of emergency. (b) Any person violating subsection (a) of this Section shall be deemed to have committed a non-traffic infraction, which shall be liable to pay a C-13 penalty. (Ord , 2001) Parking Adjacent to Schools. (a) The Public Works Director is authorized to erect signs indicating no parking upon either or both sides of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation. (b) When official signs are erected indicating no parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place. EPHRATA MUNICIPAL CODE 10-14

15 Parking Prohibited on Narrow Streets (a) The Public Works Director is authorized to erect signs indicating no parking upon both sides of a street when the width of the improved roadway does not exceed twenty feet, or upon one side of a street as indicated by such signs when the width of the improved roadway is between twenty and twenty-eight feet. (b) When official signs prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign No Stopping, Standing or Parking Near Hazardous or Congested Places. (a) The Public Works Director is authorized to determine and designate by proper signs, places not exceeding one hundred feet in length in which the stopping, standing or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic. (b) When official signs are erected at hazardous or congested places as authorized herein, no person shall stop, stand, or park a vehicle in any such designated place Parking Prohibited at All Times on Certain Streets. When signs are erected giving notice thereof, no person shall park any vehicle at any time upon any of the streets designated by the Public Works Director Parking Prohibited During Certain Hours on Certain Streets. When signs are erected in each block giving notice thereof, no person shall park a vehicle between the hours of two o'clock a.m. and six o'clock a.m. of any day within the district or upon any of the streets described in Section Parking Time Limited on Certain Streets. (a) When signs are erected giving notice thereof, no person shall park a vehicle for longer than fifteen (15) minutes at any time within the district or upon any of the streets described in Section (b) When signs are erected giving notice thereof, no person shall park a vehicle for longer than thirty (30) minutes at any time within the district or upon any of the streets described in Section (c) When signs are erected giving notice thereof, no person shall park a vehicle for longer than one (1) hour. In the district or upon any of the streets described in Section (d) When signs are erected giving notice thereof, no person shall park a vehicle for longer than two (2) hours. In the district or upon any of the streets described in Section EPHRATA MUNICIPAL CODE 10-15

16 (e) Except in a period of emergency determined by an officer of the fire or police department or in compliance with the directions of the police officer or traffic control sign or signal, every vehicle using any parking space subject to a restriction described in this section shall completely leave such parking space at the end of each designated time period which regulates parking in such space and shall not return to a parking space on the same side of the city block or in the same lot until after the end of the succeeding regulated parking period applicable to such block or lot unless the period of regulation of the parking in the block from which the vehicle is moved at the end of the designated parking period has expired as indicated by the posted signage for that block. Any vehicle having remained in the same parking space for a period exceeding two hours shall receive additional parking infractions for each twohour period the vehicle remains in the space. (Ord , 2001). (f) No person shall park any vehicle upon any public street, alley or way or leave such vehicle in the same public place for a period exceeding one hundred twenty hours Designated Streets and Lots. 1) On the easterly side of Parkway Boulevard from 5th Street SW to 9th Street SW 2) Alder Street - 1st Avenue SW to 1st Avenue NW 3) Basin Street - 6th Avenue SW to 6th Avenue NW 4) C Street - 2nd Avenue SW to 2nd Ave NW 5) 2nd Avenue NW - Alder Street NW to C Street NW 6) 1st Avenue NW - Alder Street NW to D Street NW 7) The parking lot owned by the city lying west of Basin Street NW between Division Street and 1st Avenue NW. 8) The parking lot owned by the Samis Foundation, developed under the agreement dated March 20, 1998 lying east of Basin Street between 1st Ave. NW and 2nd Ave NW. (Ord. 98-3, 1998) Punishment for Violations (a) Any person who violates, permits, allows, counsels, aids or abets the violation of the provisions of this chapter has committed a civil traffic infraction and shall be liable to the City of Ephrata for any infractions committed and for payment of the penalties proscribed. (b) A person found to have committed an infraction shall be assessed a monetary penalty, which may not exceed two hundred fifty dollars ($250.00) for each violation not otherwise provided for in this chapter; provided, however: (1) That the penalty for overtime parking in any zone shall be a C-19 penalty for the first overtime parking infraction committed during any twelve hour period. The second overtime parking infraction within any twelve hour period shall subject the responsible person to a C-18 penalty. A third EPHRATA MUNICIPAL CODE 10-16

17 infraction and any subsequent overtime violations within any twelve hour period shall result in a C-15 penalty. If any parking infraction remains unpaid after fifteen days from the date of the violation, the penalty shall double, and if any parking infraction remains unpaid for a period of more than thirty days from the date of the violation, the original penalty shall be increased to four times the original amount. (2) That the penalty for parking longer than one hundred twenty hours shall be a C-18 penalty if paid within the next fifteen day period from the time the violation occurred; and a C-16 penalty if paid within thirty days of the violation and a C-13 penalty if paid more than thirty days after the violation; (3) That the penalty of any violations of Sections and shall be a C-18 penalty if paid within fifteen days of the date of the violation occurred and a C-17 penalty if paid within thirty days of the violation and a C-16 penalty if paid more than thirty days after the violation. (4) That the penalty for a violation of section shall be a C-19 penalty. (c) If the responsible person fails to respond to a notice of infraction issued for a violation of this chapter, a penalty of $25 shall be imposed by the Municipal Court for the failure to respond. Such penalty shall not be suspended or excused by the court. (d) All other violations of this chapter not otherwise provided for herein shall be subject the responsible person to a C-18 penalty. (e) The Municipal court or the violations bureau, as the case may be, shall determine in all cases where no response is made to the notice of infraction issued pursuant to this chapter that the infraction was committed and that the responsible person has failed to appear and is subject to the penalty provided for in sub-section (c), above. This determination shall be made more than 31 days after the issuance of the infraction and shall result in a judgment being entered against the responsible person for all penalties imposed by this chapter and all assessments imposed by state law. The municipal court or violations bureau shall report the determination of the court or violations bureau to the State of Washington as required by law Reservation of Powers. Nothing in this chapter shall be construed as prohibiting the City from providing for bus stops, for taxicab stands and other matters of similar nature, including the loading and unloading of trucks, vans, or other commercial vehicles. EPHRATA MUNICIPAL CODE 10-17

18 Chapter STREET USE RESTRICTIONS Sections: Vehicles using cleats, lugs prohibited Vehicle weight limits Vehicle violating weight limit prohibited Penalties U Turns Certain vehicles to be kept off street Self propelled recreational vehicles Restricted Parking Vehicular Access Restrictions Vehicles using cleats, lugs prohibited. It is unlawful for any person to drive, propel, move, convey or transport, or cause to be driven, propelled, drawn, moved, conveyed or transported upon, over, along or across any public street or alley in the city limits, any vehicle, animal or object which shall have any wheels or tires, or shoes or cleats, so made, constructed, formed or shaped or equipped with spikes, cleats, lugs or other attachments or projections or shall be constructed of such materials as to destroy or injure streets or alleys or the surface, foundation or part thereof. (Ord , 1990) Vehicle weight limits. The city engineer, or any other person authorized by the city council, may prohibit the operation on city streets and alleys of motor trucks or other vehicles or may impose limits as to the weight thereof, or any other restrictions as may be deemed necessary, whenever any street or alley by reason of rain, snow, climatic or other conditions, will be seriously damaged or destroyed unless the operation of vehicles thereon be prohibited or restricted on the permissible weights thereof reduced. Signs designating the provisions of the limitation or restriction shall be erected in each end of the portion of public highway or alley affected thereby and the signs shall be maintained during the term of the restriction. (Ord , 1990) Vehicle violating weight limit prohibited. It is unlawful for any person to operate any motor truck or other vehicle in violation of restrictions and limitations set in accordance with Section (Ord , 1990) Penalties. Any person violating Section shall be subject to a C-12 penalty and any person violating Section shall be subject to a C-6 penalty. (Ord , 1990). EPHRATA MUNICIPAL CODE 10-18

19 U Turns. No person operating a motor vehicle shall make a U turn at any point other than within a street intersection or street end. No person operating a motor vehicle shall make a U turn in any street intersection controlled by an electronic traffic control device. No person shall make a U turn unless such movement can be made in safety and without interfering with the normal flow of traffic. Any person violating any of these restrictions relative to the making of a U turn shall be deemed to have committed a traffic infraction and shall be punished by a C-12 penalty as provided herein. (Ord 93-35, 1993) Certain Vehicles to be kept off street when not in use. No person having charge of any truck or other motor vehicle exceeding ten thousand pounds (10,000 lbs) gross vehicle weight (GVW) as established by the manufacturer, excluding pickups; any commercial, industrial, or agricultural equipment and/or machinery; or any trailer, unless attached to a motor vehicle by which it may be propelled or drawn shall permit or allow the same to remain or park the same in any street or public right-of-way for a continuous period exceeding seventy-two (72) hours; provided, that in case of accident such vehicle, equipment, or trailer may be moved to the side of the street, alley, or public right-of-way, and if good and sufficient red signal be displayed at both ends thereof during the hours of darkness, may be permitted or allowed to remain for a period of not exceeding eighty-four (84) hours pending removal provided that the provisions of RCW or any other parking regulation of this code are not violated. Trailers are not allowed to park in City alleys. City provided or arranged dumpsters may be placed along the curb of the property affected, provided that they do not impede traffic in the opinion of the City Public Works Director, for a period not exceeding thirty-one (31) days, as long as relevant work is proceeding that necessitates the dumpster. Violation of this section is punishable by a C-8 penalty. (Ord 96-35, 1996 Ord , 2006) Self-propelled recreational vehicles or motor homes. No person having charge of any self-propelled recreational vehicle or motor home shall permit or allow the same to remain or park the same in any street or public right-of-way for a continuous period exceeding seventy-two (72) hours. Recreational Vehicles are not allowed to park in City alleys. Violation of this section is punishable by a C-8 penalty. (Ord 96-35, 1996) (Ord 03-10, 2003)(Ord , 2006) Restricted Parking. On those streets which in the opinion of the Public Works Director are too narrow to permit the safe passage of vehicles while other vehicles are parked on those streets, the Public Works Director shall have the authority to recommend the adoption by the City Council of a resolution prohibiting parking on one or both sides of those streets. Upon approval of a resolution prohibiting such parking by the City Council, the Public Works Director shall post appropriate signs and the police department shall begin enforcement of the parking restriction. EPHRATA MUNICIPAL CODE 10-19

20 Vehicular Access Restrictions. The City Council has determined that a portion of the alley right of way identified as the East-West alley within Block 1 of the Town Plat of Ephrata and the East-West alley within Block 3 of Jesse Cyrus First Addition present a pedestrian/vehicle safety issue which is best resolved by closing the following described portion to all vehicular traffic: That portion adjacent to Lots 17, 18 & 19, Block 1 of the Town Plat of Ephrata and that portion adjacent to Lots 17, 18 & 19, Block 3 of Jesse Cyrus First Addition. The Public Works Director shall cause appropriate signage and any barriers to be installed to effectuate the closure of said alley right of way to vehicular traffic. (Ord 03-11, 2003) EPHRATA MUNICIPAL CODE 10-20

21 Chapter STOPPING FOR LOADING OR UNLOADING ONLY Sections: Loading Zones or Unloading Zones. (a) In addition to any areas designated by the city engineer the following are designated as loading or unloading zones in the city of Ephrata: (1) A twenty-two-foot portion of Basin Street S.W. lying along the west side of Block 2, of the Town Plat of the city of Ephrata, on Basin Street S.W., commencing approximately one hundred twelve feet north of the south-west corner of said block and thence in a northerly direction along Basin Street for a distance of twenty-two feet and having a width of nine feet. (2) A twenty-two-foot portion of Basin N.W. lying along the west side of Block 1, of the Town plat of the city of Ephrata on Basin Street S.W., from the established alley way running east and west in said Block 1 and running in a southerly direction twenty-two feet and having a width of nine feet. (3) A twenty-two-foot portion of Basin Street N.W. lying along the west side of Block 1, of the Jesse Cyrus lst addition to the city of Ephrata on Basin Street S.W., commencing at the established alley way running east and west in said block and running in a southerly direction along Basin Street. N.W. for a distance of twenty-two feet and having a width of nine feet. (4) A twenty-two-foot portion of Basin Street N.W. lying along the east side of Block 2, of the Jesse Cyrus lst addition to the city of Ephrata on Basin Street S.W., commencing one hundred seventy-five feet from the southeast corner of said block and thence in a northerly direction along Basin Street for a distance of twenty-two feet and having a width of nine feet. (5) A twenty-two-foot portion of Basin Street N.W. lying along the east side of Block 3, of the Jesse Cyrus lst addition to the city of Ephrata on Basin Street S.W., from the existing east and west alley way on said block running in a northerly direction a distance of twenty-two feet and having a width of nine feet. EPHRATA MUNICIPAL CODE 10-21

22 (6) A twenty-two-foot portion of Basin Street S.W. lying along the east side of Block 4, of the Jesse Cyrus lst addition to the city of Ephrata on Basin Street S.W., commencing approximately one hundred twelve feet north of the southeast corner of said block thence in a northerly direction along Basin Street for a distance of twenty-two feet and having a width of nine feet. (7) A twenty-two-foot portion of West Division Street lying on the north side of Lot 1, Block 4, Jesse Cyrus lst addition to the city of Ephrata on West Division Street, commencing at the established alley and running in a westerly direction for a distance of twenty-two feet and having a width of nine feet. (8) A forty-four-foot portion of lst Avenue N.W. lying on the north side of Lot 21 and 22, Block 3, Jesse Cyrus lst Addition to the city of Ephrata on lst Avenue N.W., commencing at Basin Street N.W. and running in a westerly direction for a distance of forty-four feet and having a width of nine feet. (9) A twenty-two-foot portion of lst Avenue N.W. lying on the North side of Lot 1, Block 1 Town plat of Ephrata to the city of Ephrata on lst Avenue N.W., commencing sixty-five feet from the Northeasterly corner of said block thence in a westerly direction along lst Avenue N.W. a distance of twenty-two feet and having a width of nine feet. (b) The loading or unloading zones mentioned in subsection (a) above, shall be used by vehicles loading or unloading from nine a.m. to twelve noon. (Ord , 1983). EPHRATA MUNICIPAL CODE 10-22

23 Chapter JUNK VEHICLES Sections: Authority and purpose Summary removal procedures Nuisance abatement procedures Authority and Purpose. (a) RCW Chapter and RCW , as now enacted or hereafter amended, provide the authority for the city to adopt laws relating to the removal of junk vehicles, parts thereof and automobile hulk. It is the intent of the city that the greatest possible powers be granted to the city and its police officers and building official to facilitate the removal of junk vehicles from private property within the city. (b) The keeping of junk vehicles or parts thereof or automobile hulks on public or private property within the corporate limits of the city is declared to be a public nuisance, except as provided for herein. Such public nuisance may be abated as provided for in this chapter. (Ord l(part), 1986) Summary removal procedures. (a) Upon discovery of a junk vehicle, parts thereof, or automobile hulk as defined in RCW Chapter 46.55, as now enacted or hereafter amended, the police department may contact the landowner, as defined in RCW 46.55, as now enacted or hereafter amended, 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 or bailment interest, officer shall have the landowner execute a statement to that effect under penalty of perjury. (b) If the landowner claims any ownership interest or bailment responsibility for the junk vehicle, parts thereof, or automobile hulk located upon his property, the officer may proceed to deal with the junk vehicle, parts thereof, or automobile hulk as provided in Section (c) Upon execution by the landowner of the statement of no ownership or bailment interest in the junk vehicle, parts thereof, or automobile hulk, officer shall cause a notification (junk vehicle) form to be mailed to the vehicle's registered legal owner of record by certified mail. Additionally, the notification shall inform the owner of the city's intent to dispose of the junk vehicle, parts thereof, or automobile hulk. If the EPHRATA MUNICIPAL CODE 10-23

24 junk vehicle, parts thereof or automobile hulk remains unclaimed more than fifteen days after the junk vehicle notification form was mailed, the officer may have the junk vehicle, parts thereof, or auto- mobile 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 on the owner of the junk vehicle, parts thereof, or automobile hulk is available after the landowner has executed the statement of no ownership or bailment interest, the officer may place a legal notice of custody and sale in the official newspaper of the city. This notice shall comply with RCW (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 officer 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 l(part), 1986) Nuisance abatement procedures. (a) If a landowner claims an ownership interest or bailment responsibility for a junk vehicle, parts thereof, or automobile hulk, located on his property, upon contact by the police department as provided in subsection (b) of Section , the police department may inform the landowner keeping a junk vehicle, parts thereof, or automobile hulk within the city, in any zone, that such vehicle is a public nuisance and said nuisance must be abated by the landowner within fifteen 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 the costs of such removal including administration costs shall be charged against the landowner and/or the last registered owner of the automobile hulk, junk vehicle, or parts thereof, unless the owner, in the transfer of ownership of the vehicle or automobile hulk, has complied with RCW This notice and warning shall be delivered to the last registered owner of the junk vehicle, parts thereof, or automobile hulk and to the property owner of record by certified mail, within a five day return receipt requested. Such 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. EPHRATA MUNICIPAL CODE 10-24

25 (b) (1) Such notice shall be in 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 Ephrata located at (street address), described as (legal) within the City of Ephrata which is shown by public record to be the property of the last registered owner of such junk vehicle(s), parts thereof, or automobile hulk(s) is listed of record as All of you are informed such junk vehicle(s), parts thereof, or automobile hulk(s) is a public nuisance and unless such nuisance is abated as provided by Ephrata Municipal Code Chapter 10.70, the City of Ephrata will proceed to abate such public nuisance by removal of the listed junk vehicle(s), parts thereof, or automobile hulk(s) fifteen (15) days after the date of this notice. Cost of such removal, including administrative costs, will be charged against the registered owner, unless the owner can demonstrate compliance with RCW at the time of transfer of ownership, and or against the landowner. You may request a hearing before the Judge of the Municipal Department of the District Court to contest the City's determination that your junk vehicle(s), parts thereof, or automobile hulk(s) is a public nuisance and the abatement thereof, or that you are legally responsible for the junk vehicle(s), parts thereof, or automobile hulk(s) described above. To request this hearing, one of you must notify the City of Ephrata Police Department, in writing at the address below, within ten (10) days of the date of this notice. If you do not request a hearing, the junk vehicle(s), parts thereof, or automobile hulk(s) will be removed by the City of Ephrata and the costs thereof, including administrative costs, shall be assessed against all or any one of you. Chief of Police City of Ephrata 121 South Alder Ephrata, Washington (2) If either the last known registered owner of the junk vehicle, parts thereof, or automobile hulk or the landowner requests a hearing to contest the city's discrimination that the junk vehicle, parts thereof, or automobile hulk constitutes a public nuisance and the abatement thereof, or that either or both the registered owner and landowner is legally responsible for the junk vehicle, parts thereof, or automobile EPHRATA MUNICIPAL CODE 10-25

26 hulk, such 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. Such 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 a court order. The landowner may appear in person at said hearing or present a written statement in time for consideration at said hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for the denial. (c) After the expiration of the fifteen days provided for in the notice to the registered owner and landowner above, if no hearing has been requested, or after a hearing, if requested, the city may proceed to have the junk vehicle, parts thereof, or automobile hulk removed and the costs of such removal, including administrative costs, shall be assessed against the registered owner and/or landowner jointly and severally. (d) The provisions of this chapter shall not apply under the following conditions: (1) If a vehicle or part thereof is completely enclosed in a lawful manner where it is not visible from the street or other public or private property, or; (2) If a vehicle or part thereof 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 (Ord l(part) 1986). EPHRATA MUNICIPAL CODE 10-26