609_00001AMENDEDBYOMaca ;;a
ORDINANCE NO.609
AN ORDINANCE ESTABLISHING THE RIGHT OP THE CITY OF MOSES LAKE
TO DECLARE ABANDONED VEHICLES A PUBLIC NUISANCE AND PROVIDINGFORTHEIMPOUNDINGOFSAIDABANDONEDVEHICLESUNDERTHEPRO-VISIONS OF THE STATE OF WASHINGTON,FIRST EXTRAORDINARY SESSION,
SECTION 43,CHAPTER 281,SECTION 11,CHAPTER 42,LAWS OF 1969,
AND SECTION 1,CHAPTER 12,LAWS OF 1961 AND CHAPTER 46.52 RCW.
REPEALING ALL ORDINANCES IN CONFLICT HEREBY.
I THE CITY OF MOSES LAKE DOES ORDAIN:
Section 1:Title,this ordinance shall be known as "The Abandoned
Vehicle Ordinance"of the City of Moses Lake.
Section 2:Purpose,this ordinarc e is adopted for the purpose of
promoting the safety,convenience,comfort,health and general
welfare of the City of Moses Lake and to establish a procedure for
the removal of abandoned vehicles as authorized by Section 43,
Chapter 281,Section 11,Chapter 42,Laws of 1969,First Extraordi-
nary session of the State of Washington,and Section 1,Chapter 12,
Laws of 1961 and Chapter 46.52 RCW.
Section 3:Definitions;1.Por the purpose of this ordinance,cer-
tain words and terms are herewith defined.
A.Abandoned Vehicle shall mean any vehicle left within
the limits of any public right of way or upon the property
of another without the consent of the property owner,for
a period of 24 hours or longer,except a vehicle shall not
be considered abaondoned if its owner or operator is unable
i to remove it from the.place where it is located and so noti-
fies law enforcement officials and requests assistance;how-
ever such vehicle shall not remain upon the property of an-other for a period exceeding fifteen (15)days;and a properly
licensed operable vehicle shall not be considered abandoned
if said vehicle is parked in a legal manner within a designated
parking space.
B.Abandoned Automobile Hulk shall mean the abandoned rem-
nant or remains of a motor vehicle which is inoperative and
cannot be made mechanically operative without the additionofvitalpartsormechanismsandtheapplicationofasub-
stantial amount of labor to effect repairs .
C.Tow Truck Operator shall mean any tow truck operator
who is duly licensed with the State of Washington and had
been appointed by the/Director of the Department of Motor
Vehicles to engage in removing,storing and disposing of
abandoned motor vehicles.
Section 4:Scope,the City of Moses Lake may impound any aban-
I doned vehicle pursuant to this ordinance or any other ordinance
or resolution of the city and if said vehicle is left unclaimed
for a period of fifteen (15)days,the vehicle shall be declared
to be an abandoned vehicle and at the expiration of such period
said-perie&said vehicle shall be delivered to the Sheriff of
Grant County,and the Sheriff of Grant County shall deliver the
vehicle to a tow truck operator who shall dispose d such vehicle
in the manner provided by Sections 7 and 8 of Chapter 42,Laws of1969,First Extraordinary Session of the State of Washington.
Ordinance No.609:2
Costs of removal may be assessed against the last registered ownerofthevehicleorhulkiftheidentityofsuchownercanbedeter-mined,unless such owner has complied with Section 39 of Chapter281,Laws of 1969,First Extraordinary Session of the State of
Washington,or the costs may be assessed against the owner of therealpropertyonwhichthevehicleisstored.
Section 5:Procedure,The City of Moses Lake shall:
l'A.Give notice to the last registered vehicle owner of
record and the real property owner of record that a public
hearing may be requested before the City Council of theCityofMosesLakeandthatifnohearingisrequestedthevehicleorautomobilehulkwillberemovedasapublic
nuisance.
B.If a hearing is requested,a notice giving the time,location,and date of such hearing on the question of
abatement and removal of the vehicle or part thereof as
a public nuisance shall be mailed,by certified or regis-
tered mail,with a five (5)day return requested to the
owner of record of the vehicle unless the vehicle is in
such condition that identification numbers are not avail-able to determine ownership.The owner of the land onwhichthevehicleislocatedmayappearinpersonatthehearingorpresentawrittenstatementintimeforcon-sideration at the hearing,and deny responsibility forthepresenceofthevehicleontheland,with his
reasons for such denial.If it is determined at thehearingthatthevehiclewasplacedonthelandwithout
the consentofthe landownerandthathe has not sub-i sequently acquisced in its presence,then the City of
Moses Lake shall not assess costs of administration of
removal of the vehicle against the property upon which
the vehicle is located or otherwise attempt to collect
such cost from the real property owner.After notice
has been given of the intent of the City of Moses Laketodisposeofthevehicleandafterahearing,if re-quested,has been held,the vehicle or part thereof,shall be removed,at the request of a law enforcement
officer,and disposed of to a licensed auto wreckerwithnoticetotheWashingtonStatePatrolandtheDepartmentofMotorVehiclesthatthevehiclehas beenwrecked.The City may operate such a disposal site
when its governing body determines that commercialchannelsofdispostionarenotavailableorarein-adequate,and it may make final disposition of suchvehicles,or parts,or may transfer such vehicle orpartstoanothergovernmentalbodyprovidedsuchdis-posal shall be only as scrap.
Section 6:Exemption,this ordinance shall not apply to (1)aivehicleorpartthereofwhichiscompletelyenclosedwithin
a building or parked in a lawful manner on private property,with the owner's permission or (2)a vehicle or part thereofwhichisstoredorparkedinalawfulmanneronprivateprop-erty in connection with the business of a licensed dismantler,licensed vehicle dealer,fenced according to the provisions ofRCW46.80.130.
Ordinance No.609:3
Section 7:Parking Without Landowners Permission:If any owner
or person having possession or control of real property finds
a vehicle standing upon such property without his consent,he
is authorized to have such vehicle removed from such property
and stored or held for its owner.Any towing firm providing
such removal service shall promptly report the fact of a vehi-
cle impound together with the license number,make,year and
place of impound of such vehicle to the appropriate law en-forcement agency,and shall post the authorized charges therefor
prominently at its place of business,and the charges and costs
incurred in the removal of any such vehicle as aforementioned
shall be paid by such vehicle's owner,and shall be a lien upon
said vehicle until paid,and said lien may be enforced as other-
wise provided by law for the enforcement of towing or storage
liens or liens generally,all as provided by Chapter 208,Laws
of 1969,First Extraordinary Session of the State aEWashington.
Section 8:Any person,firm or corporation violating any of the
provisions of this ordinance upon conviction thereof shall be
punished by a fine in any sum not exceeding three hundred dollars
($300.00)or by imprisonment in the City Ïail for a period not
exceeding ninety (90)days or by both such fine and imprisonment.
Section 9:That this ordinance shall take effect and be in force
five (5)days after its passage and publication as provided by law.
PASSED BY THE CITY COUNCIL of the City of Moses Lake,Washington
and approved by its Mayor this 9th day of June,1970.
MAYOR
ATTE
Cy Clerk
APPROVED AS TO FORM:
y Attorney
I