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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 12.
For Meeting of:August 20, 2019
ITEM TITLE: Review of unauthorized vehicles, Chapter 9.47 of the Yakima
Municipal Code
SUBMITTED BY: Brooke Goosman, Senior Assistant City Attorney
SUMMARY EXPLANATION:
As requested by the City Council, the attached memo dated August 7, 2019, provides Council
members with a brief review of Yakima Municipal Code Chapter 9.47-Vehicle Impounds. The
memo includes a comparison chart of the City of Yakima's municipal code with other Washington
State cities regarding unauthorized parking on a roadway for a period of time.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
ir
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Memo re reme of Y 9.47 Vehicle Impun s / I2019 r Mery a
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CITY OF YAIQMA
LEGAL
DEPARTMENT
200 South Third Street,2nd Fl. I Yakima,WA 98901 P: 509.575.6030 I F: 509575.6160
MEMORANDUM
August 7, 2019
TO: Honorable Mayor and Members of the City Council
Cliff Moore, City Manager
FROM: Brooke Goosman, Senior Assistant City Attorney
SUBJECT: Review of Unauthorized Vehicles, Chapter 9.47 of the Yakima Municipal Code
Yakima Municipal Code 9.47.010(J) defines Unauthorized Vehicles. An Unauthorized Vehicle is
a vehicle, motor home, camper, or trailer which is parked or left standing for the indicated period
of time in the ordinance. Chapter 9.47.040 of the Yakima Municipal Code allows for Unauthorized
Vehicles to be impounded.
There are two types of unauthorized vehicles: public and private. The type of unauthorized vehicle
determines when the vehicle can be impounded. For example, if a driver is being arrested and
taken into custody, or if there is a vehicle in a public location that is impeding the flow of traffic,
the vehicle may be immediately impounded.
A vehicle that has been parked on a highway in a public location for more than 24 hours is also
an unauthorized vehicle. (YMC 9.47.010(J)(1)(b)). That vehicle may be impounded when the
vehicle has remained substantially in that location for an additional 48 hours after notice has been
given. (YMC 9.47.040(B)).
This "24 hour rule" has caused concern for citizens and parking enforcement officers. Some
issues with the 24 hour rule are:
• What is "substantial"? That term is not defined. If a vehicle owner receives the required
notice and moves their vehicle 10 feet, is that sufficient to overcome "substantial in that
location"?
• Is 24 hours too short of a time period? For example, currently a citizen who parks their
vehicle on the roadway and leaves for one week could be in violation of the rule (24 hour
prohibition plus the 48 hour notice period), and thus have their vehicle impounded.
• Should RVs, campers, and recreational vehicles have separate requirements?
Another issue to consider is whether unlicensed vehicles should be allowed to park on the
roadway for more than 24 hours. This too is a complaint parking enforcement has received from
citizens. Currently there is no ordinance prohibiting this.
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Memo re Unauthorized Vehicles, YMC 9.47
August 7, 2019
Page 2
Potential changes to the 24 hour parking limit could be to extend the time limit and to more
thoroughly define how far a vehicle must be moved in order comply with the ordinance.
Attached to this memorandum is a chart comparing City of Yakima's "24 hour rule"to other cities'
parking ordinances in Washington, and the relevant YMC sections.
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Memo re Unauthorized Vehicles, YMC 9.47
August 7, 2019
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Unauthorized Parking on a Roadway for a Period of Time —
Comparing City of Yakima to other Washington State cities
Length of time Movement required Includes
allowed after time period recreational
expires vehicles, campers,
RVs
City of Yakima 24 hours ; Can be impounded Yes, but also; No
YMC 9.47.040 (after required notice) vehicle exceeding 20
if remains feet may be parked
"substantially" in for more than 1 hour
same location after YMC 9.50.100
48 hours
City of Olympia Must be moved every Not specified No. Recreational
OMC 10.16.055(D) 5 days vehicles cannot park
more than 24 hours.
City of Spokane 72 hours One block face 's No. Recreational
SMC 16A.61.561 vehicles cannot park
more than 24 hours.
City of Tacoma 7 days Not specified Yes
TMC 11.05.230
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Memo re Unauthorized Vehicles, YMC 9.47
August 7, 2019
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Relevant Yakima Municipal Code Ordinance sections
9.47.010 Definitions.
J "Unauthorized vehicle" means a vehicle, motor home as defined in ROW 46..04.305, camper
as defined in RCW 46.04.085 or trailer as defined in RCW 46.04.620 which is parked or left
standing for the indicated period of time. There are two types of unauthorized vehicles, public
and private.
(1) Public Locations.
a. A vehicle is an unauthorized vehicle immediately when:
(i) The vehicle is impeding the flow of traffic or entry or exit into any driveway, including
access to city of Yakima property; or
(ii) A vehicle poses an immediate danger to public safety including but not limited to danger
arising from a mechanical defect(s); or
(iii) A law enforcement officer has probable cause to believe that the vehicle is stolen; or
(iv) A law enforcement officer has contact with a vehicle operator on public property or
highway for purposes of arrest, placement into custody, investigatory stop, accident scene
investigation, or voluntary contact by the operator, and the officer observes that the operator is
physically or mentally incapable of deciding or refuses to decide upon steps to be taken to
protect the vehicle and its contents; or
(v) A vehicle is left unattended on a highway and it is impeding construction, maintenance or
repair of the highway, in violation of a temporary sign or barricade prohibiting parking on or entry
into the highway, or a portion thereof, when the sign or barricade has been placed under the
direction of the city of Yakima director of public works, or his designee, to facilitate construction,
repair or maintenance of the public highway and when the sign or barricade notifies that
vehicles parked or left unattended in violation thereof are subject to impound by inclusion of the
words "subject to impound," "tow away zone," or words of similar import; or
(vi) A vehicle is left unattended in violation of YMC 9.50.060 and the vehicle is impeding street
cleaning; or
(vii) A vehicle is left unattended in a marked loading zone posted with a sign notifying that
vehicles parked in violation thereof are subject to impound by the inclusion on the sign of the
words "subject to impound," "tow away zone," or words of similar import; or
(viii) A vehicle must be removed from a fire zone established in YMC 9.50.240, as determined
by a commanding officer; or
(ix) A vehicle without a special license plate, card, or decal indicating that the vehicle is being
used to transport a disabled person under ROW 46.16.381 is parked in a stall or space clearly
and conspicuously marked under RCW 46.61.581 which space is provided on private property
without charge or on public property; or
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Memo re Unauthorized Vehicles, YMC 9.47
August 7, 2019
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(x) The driver of a vehicle is arrested for a violation of RCW 46.20.342, 46.20.345, 46.61.502
or 46.61.504; or
(xi) A law enforcement officer finds a vehicle standing upon the roadway in violation of any of
the provisions of RCW 46.61.560, the officer may provide for the removal of vehicle or may
require the driver or other person in charge of the vehicle to move the vehicle to a position of
safety off the roadway; or
(xii) A law enforcement officer finds a vehicle unattended upon a highway where the vehicle
jeopardizes public safety; or
(xiii) A law enforcement officer finds a vehicle unattended at the scene of an accident; or
(xiv) The driver of a vehicle is arrested and taken into custody by a law enforcement officer; or
(xv) Upon determining that a person is operating a motor vehicle without a valid driver's
license in violation of RCW 46.20.005 or with a license that has been expired for ninety days or
more; or
(xvi) A law enforcement officer finds an unauthorized vehicle parked in violation of YMC
9.50.060(C) and/or YMC 9.50.050(55), provided the location is posted with a sign notifying that
vehicles parked during the dates and times specified therein are subject to immediate impound
by the inclusion on the sign of the words "subject to impound," "tow away zone," or words of
similar import; or
(xvii) If in a publicly owned or controlled parking facility, properly posted under
YMC 9.47.040(D); or
(xviii) Constituting an accident or a traffic hazard.
b. After twenty-four hours if on a highway not subject to subsection (1)(a) of this section.
(2) Private Locations.
a. Immediately if on residential property.
b. After twenty-four hours if on private, nonresidential property.
9A7940 Unauthorized vehicle.
A. Immediate Public Impound. Unauthorized vehicles pursuant to YMC 9.47.010(J)(1)(a) may
be immediately impounded by a registered tow truck operator at the direction of a law
enforcement officer. A public works department employee under written designation by the
public works director may authorize impoundment of vehicles pursuant to
YMC 9.47.010(J)(1)(a)(i), (v) or (vi) in accord with procedures of this chapter or other applicable
code sections.
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Memo re Unauthorized Vehicles, YMC 9.47
August 7, 2019
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B. Public Impound After Forty-Eight Hours. Unauthorized vehicles pursuant to
YMC 9.47.01O(J)(1)(b)',may be impounded when the vehicle has remained substantially in that
same location for an additional forty-eight hours after notice is given by a law enforcement
officer pursuant to subsections (B)(1) and (2) of this section as follows:
(1) The law enforcement officer shall securely attach to and conspicuously display on the
vehicle a notification sticker. The chief of police or an authorized designee shall design the
sticker in compliance with RCW 46.55.085.
(2) If the vehicle has current registration plates, the officer shall check the records to learn the
identity of the last owner of record and the officer or the agency shall make a reasonable effort
to contact the owner by telephone in order to give the owner the information on the notification
sticker.