Title 10 VEHICLES AND TRAFFIC

Chapters:

10.04 Weight Limits

10.08 Parking

10.12 Junk Vehicles

Chapter 10.04 – WEIGHT LIMITS

Sections:

10.04.010 Declaration of purpose.

10.04.020 Scope and construction of terms–Definitions.

10.04.030 Emergency load limitations.

10.04.040 Special permits for authorized vehicles.

10.04.050 Maximum speed permitted on posted roads.

10.04.060 Action for damage.

10.04.070 Violation–Penalty.

10.04.010 Declaration of purpose.

It is declared that the policy of the board of county commissioners is to:

1. Establish general emergency load limitations upon county roads during load sensitive periods;
2. Establish special load limitations for school buses, motor trucks transporting perishable commodities or commodities necessary to the health and welfare of county residents, and motor vehicles providing services necessary for health and welfare, when such emergency load limitations are in effect;
3. Request the Washington State Patrol’s assistance with weight control enforcement. (Ord. 89-02 § 1)

10.04.020 Scope and construction of terms–Definitions.

The definitions in this chapter shall control the meaning of terms used herein. Where no definition is expressly stated herein, a term shall have the meaning clearly indicated by, or reasonably implied from the context in which such term is used.

• “Authorized emergency vehicle” means any vehicle of any fire department, police department, sheriff’s office, coroner, prosecuting attorney, Washington State Patrol, ambulance service, public or private, which need not be classified, registered, or authorized by the State Patrol.
• “Commodity necessary for health and welfare” means anything provided to the public which is necessary to provide essential shelter, food or fuel to people and animals.
• “County engineer” means the county engineer, the county director of public works, or his/her designee.
• “County road” means every public highway or part thereof, outside the limits of cities and towns, and which has not been designated as a state highway.
• “Gross weight” means the total vehicle weight including load.
• “Perishable commodity” means a produce of agriculture, aquaculture or manufacture which by its nature is subject to destruction, decay, deterioration or spoilage except under proper conditions.
• “Person” includes every natural person, firm, copartnership, corporation, association or organization.
• “Pneumatic tire” includes every tire of rubber or other resilient material designed to be inflated with compressed air to support the load thereon.
• “School bus” means every motor vehicle used regularly to transport children to and from school or in connection with school activities, which is subject to the requirements set forth in the most recent edition of “Specifications for School Buses” published by the State Superintendent of Public Instruction, but does not include buses operated by common carriers in urban transportation of school children.
• “Service necessary for health and welfare” means any service provided to the public which is necessary to maintain essential power, gas, communications, garbage, sewer and water services for the public.
• “Tire width,” in the case of pneumatic tires, means the maximum overall normal inflated width, as stipulated by the manufacturer, when inflated to the pressure specified and without load thereon.
• “Truck” means any motor vehicle designed or used for the transportation of commodities, merchandise, produce, freight, animals or other things.
• “Vehicle” includes every device capable of being moved upon a public highway and in, upon or by which any person or property is or may be transported or drawn upon a public highway. (Ord. 89-02 §§ 2, 3)

10.04.030 Emergency load limitations.

1. When the county engineer determines that, during load sensitive periods, vehicles whose gross tire loads exceed those described in this section will seriously damage or destroy a county road, the county engineer may impose the following limits on vehicle weights, except for authorized emergency vehicles:

Tubeless or Special PneumaticConventional Pneumatic Tires Tires With .5 MarkingTire Width Each TireGross LoadTire Width Each TireGross Load7.00*1,800 lbs.8-22.5*1,800 lbs.7.501,800 lbs.9-22.51,900 lbs.8.251,900 lbs.10-22.52,250 lbs.9.002,250 lbs.11-22.52,750 lbs.10.002,750 lbs.11-24.52,750 lbs.11.00**3,000 lbs.12-22.5**3,000 lbs.

*And under

**And over

2. The emergency load limitations imposed by this section shall become effective upon the erection and maintenance by the county engineer of signs designating the load limitations (visible to the operator of a vehicle as he/she enters the restricted area), and shall remain in effect until the load sensitive period ends and such signs are removed by the county engineer. (Ord. 89-02 § 4)

10.04.040 Special permits for authorized vehicles.

1. In accordance with RCW 46.44.092 and RCW 46.44.093, the county of Lincoln is authorized, during load sensitive periods, to issue special permits for the operation (upon any county road within the county) of a vehicle or combination of vehicles exceeding the maximum loads specified in Section 10.04.030, to the following classes of vehicles:
1. School buses (no extracurricular activities);
2. Milk trucks with dual tires on rear axles and on trailers;
3. Trucks hauling perishable commodities. To obtain a permit, drivers must show proof that at least fifty (50) percent of their load is fresh produce and/or perishables;
4. Garbage vehicles making pickups required for health, e.g., schools, hospitals and institutions;
5. Dead animal services required for health reasons;
6. Vehicles or emergency equipment vendors hauling medical supplies (gases, drugs, etc.);
7. Feed trucks: one trip basis only;
8. Fuel trucks: one trip basis only, allowed to haul one-half loads on emergency basis;
9. Vehicles engages in septic tank pumping: emergency basis, one trip only;
10. Public transportation vehicles;
11. Vehicles providing service necessary for health and welfare;
12. Authorized emergency vehicles.
2. A permit issued to a vehicle in one of the classes of vehicles listed in subsection A of this section shall be subject to the following conditions.
1. The gross weight of such vehicle shall not exceed that amount determined by multiplying the total number of tires concentrated upon the surface of the road times the maximum allowable gross weight per tire;
2. No allowance shall be made for any second gear axle suspended from the frame of the vehicle independent of the regular driving axle, otherwise known as “rigid tail-axles”;
3. No allowance will be made for more than single tires on the front axle of a vehicle;
4. The load distribution on any axle of a vehicle shall be such that it will not load the tires on such axle in excess of the prescribed load, as set forth in this section, and any loading in excess of the specified maximum will be considered a violation of this chapter;
5. In an attempt to comply with requirements of this section, the power unit of any combination shall be sufficiently designed to lawfully handle the designated weight;
6. The special permit shall be clearly displayed in the lower right hand corner of the vehicle’s windshield while moving on any restricted county road.
3. The following limits on vehicles weights shall apply to vehicles receiving permits under Section 10.04.040:

Tubeless or Special PneumaticConventional Pneumatic Tires Tires With .5 MarkingTire Width Each TireGross LoadTire Width Each TireGross Load7.00*1,800 lbs.8-22.5*1,800 lbs.7.502,000 lbs.9-22.52,200 lbs.8.252,200 lbs.10-22.52,600 lbs.9.002,600 lbs.11-22.53,200 lbs.10.003,200 lbs.11-24.53,200 lbs.11.003,600 lbs.12-22.53,600 lbs.*And under

1. If a vehicle has ten (10) inch or wider tires on the front axle and otherwise qualifies for a permit, the vehicle may be allowed to have ten thousand (10,000) pounds gross weight on said front axle under emergency load limitations, but said condition must be stated on the special permit.
2. Tires over eleven (11) inches in width may be issued a special permit for loads of three thousand (3,000) pounds plus four hundred (400) pounds per inch of tire in excess of eleven (11) inches, up to five thousand two hundred fifty (5,250) pounds per tire.
4. Any vehicle requiring a special permit under Section 10.04.040 shall not exceed forty (40) miles per hour on any county road subject to emergency load limitations.
5. Where a specific hardship occurs, variances from these special permit weight limitations may, in the discretion of the county engineer, be issued on a case-by-case basis. Such variance permits may allow a vehicle to exceed the gross weight limits of this section, subject to specified times and routes of movement needed to protect the county roads from serious damage. (Ord. 89-02 § 5)

10.04.050 Maximum speed permitted on posted roads.

Except where applicable law specifies a lower speed, the county engineer may post a reduced speed limit as low as twenty (20) miles per hour upon any county road under emergency load limitations. (Ord. 89-02 § 6)

10.04.060 Action for damage.

Any person operating a motor vehicle upon any county road in violation of any provision of this chapter shall be liable under RCW 46.44.110 and RCW 46.44.120 for any damage caused to such county road as the result of such violation. (Ord. 89-02 § 8)

10.04.070 Violation–Penalty.

Any person violating any emergency load limitations on a county road during a load sensitive period shall be in violation of this chapter. A violation of this chapter shall constitute a traffic infraction under the provisions of RCW 46.44.105, 46.44.100 and 46.44.080, subjecting the violator to the monetary penalties provided in RCW 46.44 and 46.61. (Ord. 89-02 § 7)

Chapter 10.08 – PARKING

Sections:

10.08.010 Parking on county fair grounds.

10.08.010 Parking on county fair grounds.

1. The Lincoln County fair board is authorized to place traffic control signs on the Lincoln County fair grounds for the purpose of providing traffic and safety control.
2. The driver of any vehicle shall obey the instructions of any traffic control sign or poster placed on the fair grounds and such devices shall be presumed to have been placed by lawful authority.
3. Any person found guilty of violating the provisions of this section shall be punished by a fine of not more than two hundred fifty dollars (§ 250.00) or by not more than thirty (30) days imprisonment in the county jail or both such fine and imprisonment; provided further that the officer enforcing the section may have such vehicle impounded. (Ord. dated 6-17-1977 §§ 1–3)

Chapter 10.12 – JUNK VEHICLES

Sections:

10.12.010 Definitions.

10.12.020 Junk vehicle on public property.

10.12.030 Junk vehicles on private property.

10.12.040 Exceptions.

10.12.050 Landowner’s lack of consent.

10.12.060 Notice.

10.12.070 Costs assessed to owner.

10.12.080 Hearing.

10.12.010 Definitions.

1. As used in this chapter, the following terms are defined in this section:
• “Abandoned vehicle” means a vehicle that a registered tow truck operator has impounded and held in the operator’s possession for ninety-six (96) consecutive hours.
• “County sheriff” means any commissioned law enforcement officer who is employed by or under contract with the Lincoln County sheriff to provide law enforcement services, and shall mean a commissioned member of the Lincoln County sheriff’s office.
• “Impound” means to take and hold a vehicle in legal custody. There are two types of impounds– public and private.
1. “Public impound” means that the vehicle has been impounded at the direction of a law enforcement officer or by a public official having jurisdiction over the public property upon which the vehicle was located.
2. “Private impound” means that the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located.
• “Junk vehicles” means a motor vehicle certified by the proper public official as having met at least three of the following requirements:
1. Is three years old or older;
2. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield or missing wheels, tires, motor, or transmission;
3. Is apparently inoperable;
4. Has an approximate fair market value equal only to the approximate value of the scrap in it.
• “Public property” means any publicly owned property; including the dedicated portions of highways, streets and alleys, whether developed or not; public parts and public lots and any other property owned by Lincoln County.
• “Residential property” means property that has no more than four living units located on it.
• “Unauthorized vehicle” means a vehicle that is subject to impoundment after being left unattended in one of the following public or private locations for the indicated period of time:
1. Public Locations.
1. Constituting an accident or a traffic hazard as defined in RCW 46.555.113, immediately;
2. On a highway or town street and tagged as described in RCW 46.55.085, twenty-four (24) hours;
3. In a publicly owned or controlled parking area properly posted under RCW 46.55.070, immediately.
2. Private Locations;
1. On residential property, immediately;
2. On private, nonresidential property, properly posted under RCW 46.55.070, immediately;
3. On private, nonresidential property, not properly posted under RCW 46.55.070, twenty-four (24) hours.
2. All other words shall have their normal ordinary meaning unless the context or subject matter clearly requires otherwise. (Ord. 98-01 § 1)

10.12.020 Junk vehicle on public property.

Junk vehicles as defined in this chapter found parked or stored on public property are declared a public nuisance and may be abated as follows:

1. The county sheriff shall be notified and shall determine whether a vehicle parked on public property is a junk vehicle or an unauthorized vehicle as defined in this chapter. Upon such determination the sheriff shall post a notice of intention to impound in a prominent place on such vehicle, such notice citing this chapter as authority to impound, shall give the time and date of posting, and shall provide that if such vehicle is not removed from the public property within four days of the posting, in the case of a junk vehicle, or in the case of an unauthorized vehicle the notice as defined in Section 10.12.010; that the vehicle shall be impounded. If the vehicle is parked along a right-of-way, the sheriff shall also notify the owner of the property in front of which the vehicle is parked.
2. If, after the expiration of the notice period described in Section 10.12.020(A) the vehicle remains on public property, the county sheriff shall arrange for the removal of the vehicle to a safe place, and shall see that the notice provisions of RCW 46.55.110 are complied with, which notice provisions shall contain written notice of right of redemption and the opportunity to request a hearing as to the validity of the impoundment. Costs of the impoundment shall be considered part of the redemption price unless it is determined at such hearing that the impoundment was invalid. (Ord. 98-01 § 2)

10.12.030 Junk vehicles on private property.

Junk vehicles as defined in this chapter, or parts of such vehicle, found parked or stored on private property are declared a public nuisance and may be abated as follows:

1. Upon notice that a vehicle parked or stored on private property may be a junk vehicle as herein defined, the county sheriff shall be notified and shall investigate and inspect the vehicle, and shall make an initial determination as to whether or not the vehicle is a junk vehicle as herein defined. If the vehicle is determined to be a junk vehicle, the county sheriff shall record the make and vehicle identification number or license number if available, and shall also verify that the vehicle meets the qualifications of a junk vehicle as described herein and shall so note in writing which portions of the definition exist.
2. If the vehicle is determined to be a junk vehicle, the county sheriff shall notify the last registered owner of record and the property owner of record of the determination and advising them that a hearing may be requested in writing to the county sheriff within fifteen (15) days of the date of the notice, and if no hearing is requested, after such fifteen (15) days the vehicle may be removed by the county sheriff and the costs of removal may be assessed against the last registered owner of the vehicle or the owner of the property on which the vehicle is stored. (Ord. 98-01 § 3)

10.12.040 Exceptions.

This chapter shall not apply to: (1) a vehicle or part thereof completely enclosed within a building, garage or carport, or (2) a vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with a business of a licensed dismantler or licensed vehicle dealer. (Ord. 98-01 § 4)

10.12.050 Landowner’s lack of consent.

The owner of the land which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land with his/her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he/she has not subsequently acquiesced in its presence, the county shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect from the owner. (Ord. 98-01 § 5)

10.12.060 Notice.

After the notice has been given of the intent of the county do dispose of the vehicle and after a hearing, if requested, has been held, and the period of appeal therefor elapsed, the vehicle shall be removed at the request of the county sheriff with notice to the Washington State Patrol and Department of Licensing that the vehicle has been wrecked, and may dispose of such vehicle as scrap. (Ord. 98-01 § 6)

10.12.070 Costs assessed to owner.

Costs of the removal of junk vehicles or parts thereof may be assessed against the registered owner of the vehicle if the ownership of the vehicle can be ascertained, or the costs of removal may be assessed against the owner of the property on which the vehicle is stored. Such costs shall be considered to be an indebtedness to the county, and may be collected in the same manner as any other debt. (Ord. 98-01 § 7)

10.12.080 Hearing.

1. If a request for hearing is received by the sheriff, the same shall be forwarded to the administrative hearing officer appointed pursuant to this chapter, who shall set a time for hearing.
2. Not less than five days notice, sent by return receipt requested mail (certified) shall give the time, location and date thereof, shall be sent to the last registered and legal owner of the vehicle in the case of impounded vehicles, and to the owner of the land as shown on the last equalized assessment roll and to the last registered owner of the vehicle (unless the vehicle is in such condition that identification numbers are not available to determine ownership) in the case of junk vehicles on private property. (Ord. 98-01 § 8)