Chapter 10.31
TRESPASS ON PARKING LOTS – CIVIL INFRACTION
Sections:
10.31.010 Purpose – Congestion relief – Conditions of use.
10.31.020 Violation of parking lot terms and conditions – Civil infraction.
10.31.030 Posting of terms and conditions for parking lot use.
10.31.040 Written request to Longview police department.
10.31.010 Purpose – Congestion relief – Conditions of use.
(1) Land which is set aside or used for the parking of motor vehicles, hereinafter referred to as “parking lots,” reduces congestion in the public streets and avenues, and provides a convenience to operators of motor vehicles who desire to park their motor vehicles and leave them unattended while engaging in business or pleasure. Land provided for parking lot purposes must be maintained and kept clean; litter and garbage must be removed. Certain parking lots are available for use only by the payment of a fee, some parking lots are available for use only by patrons of a business adjacent or nearby to such facilities, and other parking lots are publicly owned and provided either for a limited time per vehicle, or on a leased parking space basis, or in connection with the use of a particular public park, public building or other facility.
(2) The use of parking lots by persons who are not the owners or lawful occupiers thereof is subject to the terms and conditions of use as imposed by the owners or lawful occupiers thereof. Use of parking lots contrary to such conditions may constitute a violation of the rights of the owners or lawful occupiers thereof and the parking of motor vehicles thereon contrary to such terms and conditions may justify the removal and impoundment of offending motor vehicles. Failure of a person to remove themselves or their occupied motor vehicles from the land of an owner or lawful occupant after having been requested to do so may constitute the offense of trespass under the laws of the state of Washington and the city. (Ord. 2592 § 1, 1995).
10.31.020 Violation of parking lot terms and conditions – Civil infraction.
It is a Class III civil infraction for any person or the operator or occupant of any motor vehicle to remain on a parking lot contrary to the posted terms and conditions of such parking lot, after having been instructed by a police officer of the city of Longview to remove themselves and/or remove their motor vehicle from such parking lot, or to return to such parking lot during the posted times of closure thereof after having removed themselves therefrom pursuant to the instructions of such a police officer.
It is a Class II civil infraction for any person or the operator or occupant of any motor vehicle to return to a parking lot for a period of 90 days contrary to the posted terms and conditions of such parking lot, after having removed themselves and/or removed their motor vehicle from such parking lot, pursuant to the instructions of such a police officer. (Ord. 2824 § 1, 2002; Ord. 2592 § 1, 1995).
10.31.030 Posting of terms and conditions for parking lot use.
(1) The owner or lawful occupant of any parking lot in the city desiring the enforcement of this chapter with reference to such parking lot, or any portion thereof, shall post signs at all entrances to such parking lot, or clearly designated portions thereof, setting forth the terms and conditions relative to the use of such parking lots, including the times of closure thereof. Such signs shall be not less than 18 inches by 24 inches in size and shall state the terms and conditions in black block letters not less than one inch in size on a white background.
(2) A typical example of such a sign is as follows:
HOURS OF PARKING LOT OPERATION
THIS PARKING LOT IS
CLOSED
TO ALL PERSONS AND OCCUPIED MOTOR VEHICLES FROM 7:00 P.M. UNTIL 6:00 A.M.
FAILURE TO VACATE THIS PARKING LOT OR TO REMOVE AN OCCUPIED MOTOR VEHICLE AT THE REQUEST OF A LONGVIEW POLICE OFFICER CONSTITUTES A CIVIL INFRACTION AND IS SUBJECT TO A CIVIL PENALTY.
(Ord. 2592 § 1, 1995).
10.31.040 Written request to Longview police department.
Any owner or lawful occupant of a parking lot in the city desiring the Longview police department to enforce the provisions of this chapter shall request the chief of the Longview police department to do so, and shall state that the parking lot for which such enforcement is requested is and shall remain posted with appropriate signs stating the terms and conditions of parking lot use; particularly the times when the parking lot is closed. Such request shall be in writing and shall remain in full force and effect until revoked or canceled. Such request shall state that it is the owner’s or lawful occupant’s desire that persons and occupied vehicles present on the parking lot during times of closure be requested to remove themselves and/or the motor vehicle operated by them and, if they should neglect or refuse to do so, that they be issued a notice of civil infraction. (Ord. 2592 § 1, 1995).