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Home My WebLink AboutResolution 99-071-CC.. }. ' a GRANT COUNTY BOARD OF COMMISSIONERS Grant County, Washington ORDINANCE NO. 99-71-CC RESOLUTION NO. 99 71 =CC - - - AN ORDINANCE REPEALING RESOLUTION NUIVIBERS 777, 95-89-CC AND 96-6-CC, AND ENACTING A NEW SECTION TO THE GRANT COUNTY CODE, PROVIDING FOR "NO PARKING" 1LREAS AND OTHER MATTERS PROPERLY RELATING THERETO. RECITALS: WI3E12�AS, certain unincorporated areas within Grant County have Luldergone rapid population growth and have acquired higher urban-type densities than is normal in rural settings; and WHEREAS, the increased popularity of the Gorge Amphitheater for concerts and events has rasulted in traffic congestion in certain areas of Grant County; and WHEREAS, the Board of Coinmissioners desire to prohibit stopping, standing and parking of vehicles in specified areas of Grant County; and WHEREAS, RCW 46.61.570 empowers the legislative authority of a county to place official signs prohibiting parking; and WHEREAS, increased growth and usage of vehicles has resulting in traffic congestion, necassitating the restriction of vehicles in specified areas; and WHEREAS, the Board oFCommissioners desire to continue to protect the safety, health and welfare of those persons affected by concerts and events at the Gorge Amphitheater; and WHEREAS, the Grant County Road Engineer has determined that a safety concern exists caused by vehicles stopping, standing and parlcing on certain Grant County roadways or portions of Grant County roadways; and WHEREAS, the Board of Cominissioners desire to regulate the ability of drivers to stop, -1- CI V IL8\ORDINANCE\NO-PARK stand or parlc a vehicle in specified areas, to protect the traveling puUlic and other users of public highways. NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF GRANT COUNTY, STATE OF WASHINGTON, DO HEREBY ORDAIN AND ESTABLISH, THAT NO PARKING AREAS BE ESTASLISHED WITHIN THE UNINCORPORATED AREAS --- WITHIN GRANT COUNTY AND PARI�ING -BE -REGULATED PURSUANT -TO THE - FOLLOWING ORDINANCE, CODIFIED IN THE GRANT COUNTY CODE AS A NEW CHAPTER TO TITLE 11, AS FOLLOWS: Section 1: Resolution No. 777 adopted on August 14, 1972, Resolution No. 95-89-CC adopted on July 11, 1995, and Resolution No. 96-6-CC adopted on January 16, 1996, are hereby repealed in their entirety. Section 2: The Board of Grant County Commissioners hereby ordain and establish "No Parlcing" areas in designated unincorporated areas of Grant County, to be codified in chapter 11.32 of the Grant County Code, as follows: Sections• 11.32.010 Definitions 11.32,020 Violations - Stopping, Standing And Parking Prohibited In A"No Parking" Area 11.32.030 Responsibility Of Registered Owner 11.32.040 Exemptions 11.32.050 Defense 11.32.060 Violations As Traffic Infractions 11.32.070 Citation Procedure 11.32.080 Penalties 11.32.090 Impoundment Conditions Of Release 11.32.010 Definitions. For the purpose of this chapter, the following words and phrases used herein shall have the designated meaning unless a different meaning is e�pressly provided: (1). "Vehicle" includes every device capable ofbeing moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles, (2). "No Parking Area" ineans the following unincorporated areas within Grant County in which standing, parlcing and stopping of a vehicle on any portion ot'the roadway -2- CI V IL 8\ORDINANCE\NO-PARIC or Grant County right of way is prohibited, except as provided herein: A. Airway Drive, Grant County Road Log Number 41690, Milepost 2.0 beginning at Hillcrest Drive and thence in a southeasterly direction for one-half mile, along Airway Drive, to Milepost 1.5; B. Crescent Bar Road, Grant County Road Log Number 31790, Milepost 2.35 -- t oltg Nlile�ost 2:60 inclusive, from the Orchards I=Iousirig Area to the Crescerit Bar Bridge; C. Silica Road, Grant County Road Log Number 30990, Milepost 5.08 through Milepost 6.07 inclusive, from Baseline West Road to 1 NW Road; D. Rd. 1 NW, Grant County Road Log Number 30990, Milepost 6.07 through Milepost 6.57 inclusive, from Silica Road eastward'/2 mile. (3). All other words and phrases used herein will have their commonly accepted meanings. 11.32.020 Violations - Stopping, Standing And Parking Prohibited In A"No Parking Area". No driver shall stop, park or leave standing, any vehicle, whether attended or unattended, upon the roadway or within the right of way, of a"No Parking Area." 11.32.030 Responsibility Of Registered Owner. (1) The parking of any vehicle in a"No Parking Area" creates a prima facie presumption that the registered owner of record is responsible and is liable for costs incurred in removing and storing. (2) If an unauthorized vehicle is found in a"No Parlcing Area" under this chapter and the driver cannot be located and cited, the registered owner is guilty of a traffic infi action as provided in 11.32.020 of the Grant County Code. (3) Properly filing a report of sale or transfer regarding the vehicle involved in accordance with RCW 46.12.101(1) relieves the last registered owner of liability under this chapter. 11.32.040 Defense. In any civil enforcement action talcen pursuant to this chapter, it is a defense that: The vehicle was disabled in such inanner and to such extent that it was impossible to avoid stopping and temporarily leaving the vehicle in such positioi�, PROVIDED: the driver arranged for the prompt removal of the vehicle. -3- CI VIL8\ORDINANC�\NO-PARIC 11,32.050 Exemptions. This chapter shall not apply to or affect the following: (1) The driver of a public trailsit vehicle who temporarily stops the vehicle upon the roadway for the purpose of and while actually engaged in receiving or discharging passengers at a marlced transit stop zone approved by the County Road Engineer; (2) The driver of a solid waste collection company or recycling company vehicle who -- - - tem orari sto s the vehicle as close as ractical to the ri -ht ed- e of the ri ht=hand shoulder p Y p p g S- g- of the roadway or right edge of the roadway if no shoulder exists for the purpose of and while actually engaged in the collection of solid waste or recycles, or both, under chapters 81,77, 35.21 and 35A.21 RCW or by contract under RCW 36.58.030,.040; (3) A driver of a vehicle when operating a vehicle in a manner necessary to avoid a collision with other traffic, or in compliance with law or the directions of a 1aw enforcement officer or official traffic control device. 11.32.060 Viol�tions As Traffic Infractions. The performance of any act prohibited by this chapter is designated as a traffic infraction. 11.32.070 Citation Procedure. The procedures for issuance of a Notice of Infraction, hearings, assessments and payment of monetary penalties, shall be in accordance with the provisions of chapter 7.08 RCW. Hearings on Notices of Infractions issued pursuant to chapter 11.32 of the Grant County Code shall be held in Grant County District Court. 11.32.080 Penalties. Failure to comply with the provisions of this chapter of the Grant County Code shall subject the violator to the following penalties: (1) First offense $ 47.00 (2) Second offense $ 95.00 (3) Each subsequent offense $190,00 11.32.090 Impoundment Conditions For Release. It shall be lawful for the Grant County Sheriff, his/her deputies or designated law enforcement officers, or troopers from the Washington State Patrol, to authorize the impounding of any vehicle parked in violation of chapter 11.32 of the Grant County Code, and that said vehicle shall not be released to the owner or his/her representative until the cost of towing and impounding said vehicle has been paid. Section 3: The County Road Engineer will place and maintain proper traffic control devices as may be daemed necessary to indicate a"No Parl�ing Area." -4- CI V IL 8\ORDINANC E�NO-P ARK Section 4: The provisions of chapter 11.32 of the Grant County Code shall be supplementary to chapter 46.61 RCW. Section 5: If any provision of chapter 11.32 of the Grant County Code, or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provisions to other persons or circumstances shall not be affected. Section G: This ordinanca shali talce effect the _/� day of - ; 1999. -- - A public hearing was held on the above ordinance/resolution at 1:30 o'clock p.m., on the llt'' day of May, 1999. NOW THEREFORE, BE IT HEREBY RESOLVED THAT THE GRANT COUNTY BOARD OF COMMISSIONERS adopt this ordinance. PASSED AND ADOPTED this � day of May, 1999. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON ....._.M......�.,�...�. w�AN.,.�.�^.'"""W�m f✓.o/ � , �i,t �a . Tim Snead, Cl��,ir �.._w.,� LeRoy C. Allison, Member �.�-- Deborah Kay Moor , ember AT EST: Clerk o Board PUBLISHED: 04/�/99; � � /99 -5- CI VIL 8\ORDINANCE\NO-PARK