Chapter 8.38
UNAUTHORIZED USE OF COUNTY RIGHT-OF-WAY
Sections:
8.38.050 Violations and penalties.
8.38.060 Public safety emergencies.
8.38.070 Election of remedies.
8.38.080 Costs and expenses to prevent or abate a nuisance.
8.38.010 Short title.
This chapter, and amendments thereto, shall be known and may be cited as the “Unauthorized Use of County Right-of-Way resolution.” (Res. 2015-36 (Att. A) (part), 3/17/15).
8.38.020 Application.
(1) This chapter shall be operative outside of the incorporated cities and towns in Chelan County.
(2) This chapter shall not apply to the following:
(A) Construction or maintenance by the county public works department, its contractor, or a franchise or permit holder in compliance with the terms of the franchise or permit.
(B) Mailboxes and attached newspaper boxes installed and located in conformity with the county code.
(C) Events and activities authorized by a county permit or exemption from permit requirements. (Res. 2015-36 (Att. A) (part), 3/17/15).
8.38.030 Definitions.
“Camp” means to remain overnight, to erect a tent or other shelter, or to use sleeping equipment, a vehicle, boat, motor home, or trailer camper for the purpose of, or in such a way as will permit, remaining overnight, or the establishing, setting up, and use of a site or location for cooking and preparation of meals and other related activities.
“Person” means one or more natural persons, partnerships, firms, corporations, companies, associations, societies, or organizations.
“Right-of-way” means land, property, or property interest (e.g., an easement) acquired for or devoted to transportation purposes, including ditches and drainage facilities, and as a utility corridor.
“Unauthorized use of county right-of-way” means that, without lawful authority and within county right-of-way, a person deposits, places, stores, creates, constructs, installs, maintains, leaves, or abandons any structure, device, encroachment, or natural or artificial object, or places, dumps, spills, sprinkles, drains, diverts, collects and channels, deposits, or maintains any natural or artificial substance or material, including water, or conducts or engages in any such activity within county right-of-way.
“Within” means in or into, and includes inside, on, upon, above, over, under, beneath, through, across, along, touching, encroaching, or occupying. (Res. 2015-36 (Att. A) (part), 3/17/15).
8.38.040 Nuisances declared.
(1) The board of county commissioners deems unauthorized use of county right-of-way to be a public nuisance if the unauthorized use:
(A) Injures, endangers or tends to endanger vehicles or persons traveling on a county road; or
(B) Obstructs, tends to obstruct, or impedes passage on a county road; or
(C) Injures, erodes, or endangers a county road or any portion of the county right-of-way; or
(D) Interferes with, hinders, or obstructs construction, alteration, repair, improvement, or maintenance of a county road or any portion of the county right-of-way.
(2) Camping within the boundaries of any county right-of-way, except at designated camping or rest areas, is deemed to be a public nuisance. (Res. 2015-36 (Att. A) (part), 3/17/15).
8.38.050 Violations and penalties.
(1) A person who knowingly violates a provision of Section 8.38.040 is guilty of a misdemeanor.
(2) A person is guilty of a misdemeanor if he or she knowingly or negligently causes an innocent or irresponsible person to violate a provision of Section 8.38.040, or, if he or she, with knowledge that it will promote or facilitate commission of a violation of Section 8.38.040, solicits, commands, encourages, aids, agrees to aid, or requests another person to violate a provision of Section 8.38.040.
(3) Every person convicted of a violation of Section 8.38.040 shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, exclusive of statutory PSEA assessments, or both such imprisonment and fine. (Res. 2015-36 (Att. A) (part), 3/17/15).
8.38.060 Public safety emergencies.
(1) Violations of Section 8.38.040(1) that are deemed to be public safety emergencies for which the county engineer and the county sheriff are each independently empowered to determine the existence or imminence of the emergency and to take summary action, as either may determine reasonable, to prevent, remove or abate such nuisance. Summary abatement under this section shall not constitute a breach of the peace or a trespass.
(2) The county official implementing summary abatement of a public safety emergency shall promptly report the abatement action to the board of county commissioners. (Res. 2015-36 (Att. A) (part), 3/17/15).
8.38.070 Election of remedies.
(1) The county may use any or all lawful means to prevent or abate a nuisance described in this chapter and may elect to address violations by concurrent or alternative application of other county code or of state law.
(2) Nothing in this chapter shall preclude prosecution of any criminal offense or a county action for abatement or damages.
(3) This chapter is supplementary to federal and state laws, appellate court decisions, rules, and regulations and to other provisions of the county code. (Res. 2015-36 (Att. A) (part), 3/17/15).
8.38.080 Costs and expenses to prevent or abate a nuisance.
(1) The person creating, causing, or committing the nuisance shall be solely responsible for the costs and expenses to prevent or abate the nuisance.
(2) The county may recover its expenditures to prevent or abate a nuisance described in this chapter. (Res. 2015-36 (Att. A) (part), 3/17/15).
8.38.090 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of the chapter. (Res. 2015-36 (Att. A) (part), 3/17/15).