HomeMy WebLinkAbout4501 Ordinance - Extended Unauthorized Parking Amending PMC 10.65.030ORDINANCE NO. 4501
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE SECTION 10.65.030 "EXTENDED
UNAUTHORIZED PARKING PROHIBITED"
WHEREAS, concern for health, safety and aesthetics surrounding abandoned and
unauthorized vehicles on City streets has increased in recent years; and
WHEREAS, the current municipal code provisions serve as an impediment to the ability
of City staff to timely address the presence of such vehicles within the City rights-of-way; and
WHEREAS, the aforementioned lack of ability to timely enforce current Code provisions
allows for compromised safety, health, and aesthetics of neighborhoods where such vehicles are
being left within the City rights-of-way, and are a continuing source of frustration to the Pasco
community at -large.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section 10.65.030, entitled "Extended unauthorized parking
prohibited" of the Pasco Municipal Code, shall be and hereby is amended to read as follows:
10.65.30 Extended unauthorized parking prohibited.
(1) Statement of Purpose. In an effort to maintain a quality of life and safety for those residing
in and visiting; the City of Pasco, residents shall make every effort to park within the property
boundaries of their residence, and/or owned property.
(2) Definitions for the purpose of this chapter:
"Abandoned vehicle" means any hulk, junk vehicle, or automobile hulk left within the right-of-
way
iT t -of -
way of any public street, highway, iway, alley or way open to the public for a period of twenty-four
hours. Indicators of an abandoned vehicle may be, but not limited to:
(a) Debris or wind-blown accumulations under or around vehicle suggesting: it has not
been moved recently.
(b) Inoperable as indicated by: flat tires, missing vehicle body parts, leaking; fluids,
broken windows or weeds growing around the vehicle, or other indicators.
"Automobile hulk" or "hulk" or "junk vehicle" means a remnant or remains there of which is
apparently inoperable and is extensively damaged or missingvital parts or mechanisms.
Ordinance Amending PMC 10.65.030 - 1
"Unauthorized vehicle" means any vehicle left within the right-of-way of any public street,
highway, alleyor open to the public under one of the following scenarios:
(a) For a period of 14 days. Subject to removal: seventy-two (72) hours after
attachment of tag.
(b) Constituting a traffic hazard (see RCW 46.55.113). Subiect to removal:
Immediately.
(c) Abandoned and tai=,ped (see RCW 46.55.085). Subject to removal: seventy-two
(72) hours after attachment of tag.
"Vehicle" means any motor vehicle, car, truck, vehicle, van, tractor, bus, trailer (including boat
trailer with or without a boat situated thereon), recreational vehicle, tractor or semi -trailer,
motorcycle or boat or vessel (trailered or non-trailered), whether licensed or unlicensed, or
motorized or non -motorized, unless otherwise defined.
(3) The provisions in this Code grant the Pasco Police Department and its Officers, the
authority to tow unauthorized vehicles, as defined in this section, on public property and/or public
roadways for criteria contained herein.
(44) No person shall park a vehicle on any street or other municipal property for a period longer
than 14 days, unless an official posted sign provides a shorter period of time, or otherwise provided
by law, or allow an abandoned vehicle to remain on a street or other municipal property for a
period longer than 24 hours, without said vehicle relocating in conformance with subsection (8) of
this section. This timeline begins when an Officer observes the vehicle in person.
(25) Authorized vehicles on municipal property are excluded from the provisions of this section,
as are vehicles displaying valid proof of payment when parked in spaces controlled by a parking
payment device.
(36) Penalties. Any vehicle found to be in violation of this section is declared to be a public
nuisance, and shall be subject to a class 1 civil penalty as set by PMC 10.20.080. Any vehicle
cited under this section two or more times in any 180 -day period or that remains in violation of
this section seventy-two (72) hours or more after citation and a tow notice is
affixed in a conspicuous place, may be impounded if no operator is present who will immediately
comply with this section.
(47) Notice to Owner. A law enforcement officer discovering a previously cited and
unauthorized vehicle as described in subsection (42a) and(c)) of this section left within a street
right-of-way or other municipal property, shall attach to the vehicle a readily visible notification
clearly labeled as an "Impound or Tow Notice". The notification shall contain the following
information:
(a) The date and time the notification was attached;
Ordinance Amending PMC 10.65.030 - 2
(b) The identity of the officer;
(c) A statement that if the vehicle is not removed within seventy-two (72) hours from
the time the notification is attached, the vehicle may be taken into custody and stored at
the owner's expense;
(d) A statement that if the vehicle is not redeemed as provided in RCW 46.55.120, the
vehicle may be declared an abandoned vehicle and sold according to the terms of RCW
46.55.130;
(e) The address and telephone number where additional information may be obtained.
(68) Relocation of a vehicle for purposes of avoiding impound or citation is prohibited unless
the vehicle is Vohteles fault b -e relocated a minimum of twenty (20) feet for a minimum duration
of forty -ems (48) hours from the location where the vehicle was noticed or the citation issued.
(9) It should be the general procedure that prior to removing; a vehicle for the sole reason of
being an unauthorized vehicle, an Officer will attempt to contact the registered owner using
reasonable means.
(610) Unauthorized storage of personal effects, in conjunction with use of a vehicle or not, on
any public street or municipal property is prohibited.
(11) Nothing in this section prohibits an Officer from immediately towing a vehicle under
authority granted to them by the Revised Code of Washington (RCW) or the Washington
Administrative Code (WAC). [Ord. 4295, 2016; Ord. 4282, 2016; Code 1970 § 10.52.035.]
Section 2. This Ordinance shall take effect and be in force five days from and after its
passage, approval and publication as provided by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this 2nd day of November, 2020.
Saul Martinez
Mayor
ATTEST: J
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Debra Barham, CMC
City Clerk
Published: a b Qh. tr S 2�Zt�
Ordinance Amending PMC 10.65.030 - 3
APPROVED AS TO FORM:
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Ke erguson Law, PLLC
rty Attorney