Chapter 9.10
PARKING*
Sections:
9.10.025 Restricted street end parking.
9.10.030 Towing and impounding.
9.10.040 Violation – Civil penalty.
9.10.050 General parking infraction penalties.
9.10.060 Reduction in fine for timely payment.
*Code reviser’s note: Ord. 554 was passed 10-26-87 but no copy was available for codification. Ord. 506A having to do with overnight parking is not being codified since it may have been superseded by Ord. 554.
9.10.010 First Street.
Repealed by Ord. 1189. [Ord. 243 § 1, 1940.]
9.10.020 Restrictions.
(1) No automobile, truck or other vehicle shall be parked, stopped, or allowed to stand in violation of any traffic control device erected or placed by the public works director.
(2) Barrier-free parking shall be made available and enforced as per RCW 46.16.381.
(3) No automobile, truck or other vehicle shall be parked or shall stand for more than 15 minutes in the parking area beginning on the north side of Morris Street 128 feet west of the intersection of North Sixth Street and Morris Street and ending 151 feet west.
(4) Recreational vehicles, travel trailers, boats, or commercial vehicles shall not be parked on any public right-of-way at any single location or any combination of locations longer than 72 hours in any six-month period, and shall be subject to the following:
(a) Boats stored on land shall not be used for dwelling purposes.
(b) Recreational vehicles shall be used only for supplemental dwelling purposes. Dwelling use shall be limited to 30 days per year except as listed in subsection (4)(c) of this section.
(c) Recreational vehicles may be used as a dwelling, if a permanent dwelling is under construction on the lot, provided:
(i) A building permit for construction of a permanent dwelling has been issued.
(ii) Electrical connections have been inspected and approved by the State Electrical Inspector.
(iii) Use as a dwelling is discontinued when construction is completed, or within one year of issuance of the original building permit, whichever comes first. [Ord. 1189 § 3, 2020; Ord. 1172 § 1, 2018; Ord. 1117 § 1, 2014; Ord. 864 § 2, 2002; Ord. 243 § 2, 1940.]
9.10.025 Restricted street end parking.
No automobile, truck or other vehicle shall be parked for more than four hours within any 24-hour period of time, at the Washington Street end, west of First Street; Benton Street, east of First Street to the Benton stairs; and Commercial Street end, west of First Street. No parking shall be allowed at the west Caledonia Street end, fire lane; Morris Street end west of First Street; Benton Street end west of First Street, fire lane; Calhoun Street end west of First Street, fire lane; and the Calhoun Street end west of Second Street in front of the Garden Club, which is reserved for Garden Club use parking only. [Ord. 1081 § 1, 2012; Ord. 874 § 1, 2003; Ord. 824 § 2(A), 2001.]
9.10.030 Towing and impounding.
(1) Definitions.
(a) Abandoned Junk Vehicle, Vessel or Trailer. To be a junk vehicle, vessel or trailer, the vehicle, vessel or trailer must meet at least three of the following criteria:
(i) Is three years old or older.
(ii) Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield; missing wheels, tires, motor or transmission. For vessels, it would include taking on water or being in danger of sinking.
(iii) Is apparently inoperable.
(iv) Has an approximate fair market value equal only to the approximate value of the scrap in it.
(v) Does not display a current registration.
(b) An “abandoned vehicle” is a vehicle, vessel or trailer left on town rights-of-way or town property for a period of 48 hours without notice and consent of the code enforcement officer or public works director.
(2) A junk vehicle, vessel or trailer as defined above and in RCW 46.55.010 may be towed and impounded if it is abandoned on the public right-of-way of a street or alley, public dock, or on municipal public property.
(3) Presumption of Abandonment. An abandoned junk vehicle, vessel or trailer as defined by this section shall be presumed abandoned if it remains as such for a period of 48 hours or more after being considered abandoned. This presumption is for impoundment purposes only.
(4) Authority to Impound Abandoned and Junk Vehicles, Vessels and Trailers. The public works director or code enforcement officer shall have the authority to impound an abandoned vehicle, vessel or trailer under the following circumstances:
(a) The owner is not identifiable; or
(b) Notice has been given, the time for a request for a hearing has passed, and no request for a hearing has been made; or
(c) Notice has been given, the time for a request for a hearing has passed, and an untimely request has been received, but said request was not received one full town business day before the order of impoundment; or
(d) The registered owner has waived the right to a hearing.
(5) Authority to Process Abandoned and Junk Vehicles, Vessels and Trailers in the Town’s Public Rights-of-Way and Property. An abandoned or junk vehicle, vessel or trailer may be processed for impoundment and eventual disposal pursuant to this section by the code enforcement officer or public works director.
A person may inform the code enforcement officer or public works director that he or she is leaving their vehicle in a location for an extended period of time and will be unable to move it or receive notice. If the vehicle is lawfully parked and does not otherwise constitute a nuisance, the code enforcement officer and public works director may designate that the vehicle will not be considered abandoned for a reasonable time under the circumstances.
(6) Exigent Circumstances When Immediate Impoundment Is Authorized. A vehicle, vessel or trailer (nuisance vehicle) on the town right-of-way or property may be impounded immediately and without notice under the following circumstances:
(a) When it is parked in such a position that it constitutes an obstruction to traffic;
(b) When it blocks a driveway;
(c) When it blocks access and egress to town property;
(d) When it is located in such a place as to or otherwise appears to endanger or be likely to endanger persons or property.
(7) Use of a Tow Truck Operator Appointed by the Public Works Director to Dispose of Abandoned Vehicles, Vessels and Trailers. When ordering the towing or removing of a vehicle, vessel or trailer per this section and Chapter 46.55 RCW, the code enforcement officer shall engage the services of a tow truck operator that is currently appointed by the public works director to dispose of abandoned or junk vehicles, vessels or trailers pursuant to subsection (9) of this section.
If no tow truck operator so appointed by the public works director is available, the code enforcement officer may engage the services of others to tow or remove abandoned or junk vehicles, vessels or trailers.
(8) Notice and Hearing for Regular Impoundment.
(a) Notice.
(i) Before towing or impounding vehicles, vessels or trailers pursuant to subsections (4) and (5) of this section, notice that it is considered abandoned and will be impounded and disposed of shall be given. When a vehicle, vessel or trailer contains proper current registration or license information, or when the owner can be ascertained from other information available, notice shall be given by certified or registered mail.
(ii) Notice shall be affixed to the vehicle.
(iii) When a vehicle, vessel or trailer does not contain the proper registration or license information or the owner cannot be ascertained by other means, notice affixed to the vehicle, vessel or trailer shall be sufficient by itself for an abandoned junk vehicle.
(b) Hearing.
(i) Right to Hearing. A hearing before the town council shall be held when requested by the legal or registered owner before a vehicle or vessel is impounded under subsections (4) and (5) of this section. The hearing date shall be set by the town council.
The right to a hearing may be waived orally, in writing, or by action indicating no desire for a hearing after receiving notice.
(ii) A hearing must be requested within 10 days of the notice being mailed or published. The 10-day period will begin the day after the notice is issued or mailed, and will end on a Town Hall working day. If the 10-day period ends on a weekend or holiday, the period will end on the next town working day.
(iii) Nature of Hearing. The hearing before impoundment may also constitute the hearing to authorize disposal and to determine liability for towing and storage costs, or a separate such hearing may be held.
(9) Disposal of Vehicles and Penalty.
(a) Statutory Disposal.
(i) Every vehicle or automobile hulk which are stored or abandoned junk vehicles shall be disposed of by a registered disposer pursuant to Chapter 46.79 RCW.
(ii) In addition to the requirements of the aforesaid statutes, the disposer shall give notice to the public works director of the date, method and result of the sale.
(iii) Whoever shall sell a vehicle or automobile hulk pursuant to this code shall remit to the town of La Conner the proceeds of the sale that are in excess of the towing, handling, storage and costs of sale, if any. Costs must be documented and verified by the public works director prior to submittal.
(b) Penalty. The penalty fee to a nuisance or abandoned vehicle owner for towing and impounding an abandoned vehicle, vessel or trailer shall be $100.00 plus expenses for towing, storing and handling. [Ord. 1072 § 1, 2011; Ord. 243 § 3, 1940.]
9.10.040 Violation – Civil penalty.
Any person violating the provisions of this chapter shall be guilty of a civil infraction for which a civil penalty shall be imposed pursuant to the provisions of Chapter 1.15 LCMC. [Ord. 839 § 18, 2001; Ord. 824 § 2(B), 2001; Ord. 243 § 4, 1940.]
9.10.050 General parking infraction penalties.
The following actions are infractions of the La Conner parking standards, and penalties for the infractions:
|
Infraction |
Fine |
|---|---|
|
Alley parking |
$10.00 |
|
Failure to pay |
$25.00 |
|
Overtime parking |
$15.00 |
|
Parking in no RV parking zones |
$25.00 |
|
Parking in a loading zone |
$10.00 |
|
Parking in a crosswalk |
$10.00 |
|
Parking in a fire lane |
$250.00 |
|
Double parking |
$10.00 |
|
Blocking a private drive |
$25.00 |
|
Other |
$10.00 |
|
Parking in a handicap zone |
$450.00* |
|
Parking across the fog line |
$25.00 |
|
Parking in a police parking only zone |
$25.00 |
|
Prohibited areas |
$25.00 |
|
Restricted area |
$25.00 |
|
Parking too close to a fire hydrant |
$25.00 |
|
Parking too close to an intersection |
$25.00 |
|
Parking too close to a stop sign |
$25.00 |
|
Parking too far from the curb |
$25.00 |
|
Parking in the wrong direction |
$25.00 |
|
Parking in a permit only area without a valid permit |
$25.00 |
|
Overparking in car charging station |
$12.50 |
|
Failure to pay required moorage fees |
$25.00 |
|
Failure to pay launch fees |
$25.00 |
* As per RCW 46.19.050, $250.00 fine plus Washington State assessment amount of $200.00
[Ord. 1142 § 2, 2016; Ord. 1141 § 2, 2016; Ord. 1117 § 2, 2014; Ord. 1085 § 1, 2012; Ord. 1083 § 1, 2012; Ord. 1015 § 2, 2008; Ord. 864 § 1, 2002; Ord. 824 § 2(C), 2001; Ord. 747 § 1, 1999.]
9.10.060 Reduction in fine for timely payment.
Except for “handicap zone” and “fire lane” infractions, should payment be made, or if sent by mail, postmarked, for any infraction listed in LCMC 9.10.050 by the next business day following the infraction issuance, a 50 percent deduction in the civil penalty shall be allowed. [Ord. 1117 § 3, 2014.]