HomeMy WebLinkAboutOrdinance 10-069-CC0
GRANT COUNTY BOARD OF COMMISSIONERS
Grant County, Washington
ORDINANCE NO. 10- U ('0 / -CC
RESOLUTION NO. 10-� -CC
AN ORDINANCE AMENDING
CHAPTER 11.32 OF THE GRANT COUNTY CODE
RECITALS:
WHEREAS, the Grant County Road Engineer has determined that a safety concern exists
caused by vehicles stopping, standing and parking on Road L -NE; and
WHEREAS, the Board of County Commissioners desires to protect the safety, health and
welfare of those persons utilizing Road L -NE, by prohibiting stopping, standing and parking of
vehicles on Road L -NE; and
WHEREAS, RCW 46.61.570 empowers the legislative authority of a county to authorize
placement of official signs prohibiting parking on county roadways; and
WHEREAS, the Board of County Commissioners have determined that it is in the best
interests of the county to amend chapter 11.32 GCC pertaining to no parking areas.
NOW, THEREFORE, BE IT ORDAINED:
Section 1. Chapter 11.32 GCC adopted and/or otherwise amended by Grant County Ordinance
and Resolution 07 -161 -CC § 1, 2007; Ordinance and Resolution 99 -71 -CC § 2 (part), 1999); and
Ordinance No. 08 -064 -CC, § 2, 8-12-2008, is amended as follows:
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 expressly provided:
(1). "Vehicle" includes every device capable of being 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" means the following unincorporated areas within Grant County
in which standing, parking and stopping of a vehicle on any portion of the roadway
or Grant County right of way is prohibited, except as provided herein:
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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
through Milepost 2.60 inclusive, from the Orchards Housing Area to the Crescent
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 'h mile.
E. Crescent Bar Road, beginning at the ninety (90) degree turn located south of
Crescent Bar bridge and thence in a westerly direction along Crescent Bar Road a
distance of seven hundred and forty feet (740') to the Columbia River (Wanapum
Pool) and there terminating.
F Rd L NE Grant County Road Log Number 40050 Milepost 0.30 through
Milespost 0.50.
(3). All other words and phrases used herein will have their commonly accepted
meanings.
(Ord. and Res. 07 -161 -CC § 1, 2007: Res. and Ord. 99 -71 -CC § 2 (part), 1999).
(Ord. No. 08 -064 -CC, § 2, 8-12-2008)
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."
(Res. and Ord. 99 -71 -CC § 2 (part), 1999).
11.32.030 Responsibility of registered owner.
(a) 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.
(b) If an unauthorized vehicle is found in a "no parking area" under this chapter and the driver
cannot be located and cited, the registered owner is guilty of a traffic infraction as provided in
Section 11.32.020 of the Grant County Code.
(c) 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.
(Res. and Ord. 99 -71 -CC § 2 (part), 1999).
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11.32.040 Defense.
In any civil enforcement action taken pursuant to this chapter, it is a defense that:
The vehicle was disabled in such manner and to such extent that it was impossible to avoid
stopping and temporarily leaving the vehicle in such position, provided: the driver arranged for the
prompt removal of the vehicle.
(Res. and Ord. 99 -71 -CC § 2 (part), 1999).
11.32.050 Exemptions.
This chapter shall not apply to or affect the following:
(a) The driver of a public transit vehicle who temporarily stops the vehicle upon the roadway for
the purpose of and while actually engaged in receiving or discharging passengers at a marked
transit stop zone approved by the County Road Engineer;
(b) The driver of a solid waste collection company or recycling company vehicle who temporarily
stops the vehicle as close as practical to the right edge of the right-hand shoulder 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;
(c) 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 law enforcement officer or official
traffic control device.
(Res. and Ord. 99 -71 -CC § 2 (part), 1999).
11.32.060 Violations as traffic infractions.
The performance of any act prohibited by this chapter is designated as a traffic infraction.
(Res. and Ord. 99 -71 -CC § 2 (part), 1999).
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 shall be held in Grant County district court.
(Res. and Ord. 99 -71 -CC § 2 (part), 1999).
11.32.080 Penalties.
Failure to comply with the provisions of this chapter shall subject the violator to the following
penalties:
TABLE INSET:
(a) First offense
$ 47.00
(b) Second offense
S 95.00
(c) Each subsequent offense
5190.00
(Res. and Ord. 99 -71 -CC § 2 (part), 1999).
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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, 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.
(Res. and Ord. 99 -71 -CC § 2 (part), 1999).
Section 2: If any provision of this ordinance/resolution or its application to any person or
circumstance is held invalid, the remainder of the ordinance/resolution or the application of the
provisions to other persons or circumstances shall not be affected. .
Section 3: This ordinance/resolution, amending the existing text for chapter 11.32 GCC, shall be
effective when signed.
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A PUBLIC HEARING WAS HELD ON THE ABOVE
RESOLUTION/ORDINANCE AT 2:00 O'CLOCK P.M., ON THE 7TH DAY OF
SEPTEMBER, 2010.
NOW THEREFORE, BE IT RESOLVED AND ORDAINED THAT THE BOARD
OF COUNTY COMMISSIONERS adopt this ordinance/resolution.
PASSED AND ADOPTED this 7th day of September, 2010.
BOA COL70MMISSIONERS
Cindy arter, air
Carolann Swartz, Vice Cha
Richard B. Stevens, Member
ATTEST:
PUBLISHED: 8/23/10 and 8/30/10
Approved as to form
By
Dalton Lee Pence
Deputy Prosecuting Attorney
Date: (? — I — /0
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