Title 10
TRAFFIC

Chapters:

10.04 Speed Limits

10.08 Parking Restrictions

10.12 Miscellaneous Regulations

10.16 Penalties

10.18 Emergency Load Limitations on County Roads

10.26 Pedestrian Facilities, Curbs, Sidewalks

10.28 Pedestrian, Bicycle and Off-Highway Motorbike Pathway– Horse Pathway

10.36 Parking– On Courthouse Grounds

10.50 Adoption of RCW 46.90– Washington Model Traffic Ordinance

10.54 Impoundment of Vehicles Driven by Suspended/Revoked Drivers

Chapter 10.04
SPEED LIMITS*

Sections:

10.04.010 Designated– Road Area 1000.

10.04.020 Designated– Road Area 2000.

10.04.030 Designated– Road Area 3000.

10.04.040 Speed limits on county roads– General.

* For speed limits on roads within the national forest, see § 10.12.020 of this code.

10.04.010 Designated– Road Area 1000.

Speed limits in Road Area 1000 are as follows:

Road Name Road Number Speed Limits

Alder Spur 10130 20 mph

Abderdeen 10320 35 mph

Alder 12230 35 mph M.P. 0.00-1.00 20 mph M.P. 1.00-End

Beacon Rock Moorage 12380 25 mph

Bear Prairie 11460 35 mph

Belle Center 10040 35 mph

Bob's 11510 20 mph

Bushlach 11040 20 mph

Canyon Creek Road 91140 35 mph M.P. 0.00-1.00 45 mph M.P. 1.00-4.10 25 mph M.P. 4.10-5.22 End

Cape Horn 10050 35

Cedar Swamps 10260 20 mph

County Quarry 13340 20 mph

Daniel 10710 20 mph

Daniel South 10720 20 mph

Davis 12960 20 mph

Dougan Falls Lane 10280 20 mph

Duncan Creek 10110 35 mph

Farnsworth 10660 25 mph

Fitzgerald 11200 20 mph

Franz 10100 35 mph

Guptil 10200 20 mph

Highland 10310 35 mph

Hillsberry 13000 25 mph

Hoffman 11110 20 mph

Huckins-Buhman 11070 35 mph

Hudson 11230 25 mph

Indian Mary 10800 25 mph

Jemtegaard 11210 20 mph

Krogstad 10070 20 mph

Krogstad Cut-off 13130 20 mph

Kueffler 10180 35 mph

LaBarre 11100 35 mph

Lakeshore Drive 11500 25 mph

Laurel Lane 12980 25 mph

Laurel Lane South 12990 25 mph

Leslie Lane 10560 20 mph

Little 10170 25 mph

Little Road Cut-Off 12950 25 mph

Mabee Mines 11120 35 mph M.P. 0.00-2.24 20 mph M.P. 2.24-End

Malfait Tracts 13240 25 mph

Marble 10030 35 mph

Marrin-Didier 11250 35 mph M.P. 0.00-0.19 20 mph M.P. 0.19-End

Martin 11240 35 mph

McCloskey Creek 11150 20 mph

McDonald 13120 20 mph

Miller 11270 20 mph

Moffett Springs 10220 35 mph M.P. 1.16-End

Mt. Pleasant 11030 35 mph

Newquist 13780 35 mph

Nielson 10120 20 mph

North 11090 35 mph M.P. 0.00-2.10 20 mph M.P. 2.10-End

Old Belle Center 13110 25 mph

Old Jemtegaard 13020 20 mph

Old State Highway #140 91140 25 mph M.P. 0.00-1.14 45 mph M.P. 1.14-4.26 End

Preachers Row 13010 20 mph

Pohl 11160 35 mph

Postal 10020 20 mph

Prindle 10080 35 mph

Prindle Park 13330 20 mph

Riverglen 10740 25 mph

Riverside Drive 10060 25 mph M.P. 0.00-0.86 35 mph M.P.

Ryan-Tavelli 11010 20 mph

Salmon Falls 12130 35 mph

Sams 11710 20 mph

Scott 10790 35 mph

Short Street 10190 20 mph

Skamania Landing 10160 35 mph M.P. 0.00-0.40 25 mph M.P. 0.40-End

Skamania Mines 11180 35 mph M.P. 0.00-1.39 20 mph M.P. 1.39-End

Skelton 10150 20 mph

Skye 11080 35 mph

Smith-Cripe 10090 35 mph M.P. 0.00-0.16 20 mph M.P. 0.16-End

Sneider-Barks 12140 20 mph

Strunk 11260 35 mph

Tote 12160 25 mph

Turk 11190 20 mph

Uran 11050 20 mph

Walnut Lane 11490 20 mph

Ward 11590 35 mph

West 11130 25 mph

Woodard Creek 10140 35 mph

Washougal River 11060 35 mph M.P. 8.87-11.26 25 mph M.P. 11.26-11.68 45 mph M.P. 11.68-13.01 25 mph M.P. 13.01-13.54 (slide area) 45 mph M.P. 13.54-15.45 25 mph M.P. 15.45-15.78 35 mph M.P. 15.78-17.28 End

(Ord. 1995-04; Ord. 1995-03; Ord. 1995-01; Ord. 1994-06 (part); Ord. 1989-03; Ord. 1982-02 (part): Ord. 1979-05 § 4 (part))

10.04.020 Designated– Road Area 2000.

Speed limits in Road Area 2000 are as follows:

Road Name Road Number Speed Limits

Aalvik 20710 35 mph M.P. 0.00-0.97 20 mph M.P. 0.97-End

Aldon Wachter 22880 25 mph

Allen Street 23880 25 mph

Alpine Lane 23910 25 mph

Ann 23400 25 mph

Ash 20260 25 mph

Attwell 22590 25 mph

Baker 20720 25 mph

Baker Spur 23940 20 mph

Barnes 20630 25 mph

Bear Creek 20530 25 mph

Bennett Street 24500 25 mph

Blackledge 23170 35 mph

Blaisdell 23190 20 mph

Blue Lake 20250 20 mph

Bone 20610 35 mph

Bonne Pine Camp 22660 20 mph

Boyd Street 22860 25 mph

Brooks 20510 25 mph

Bruning 23930 35 mph

Button 22890 20 mph

Cannavina 21610 25 mph

Cannavina Cut-Off 22690 25 mph

Canyon Creek 91140 35 mph M.P.

3.92-4.22

Carson Cemetery 20030 20 mph

Carson Creek 20450 25 mph M.P.

0.00-0.38

20 mph M.P.

0.38-End

Carson Depot No. 1 20330 20 mph

Carson Depot No. 2 22820 20 mph

Carson Frontage 23320 25 mph

Carson Landing 20140 20 mph

Cascade Terrace 21380 25 mph

Cedar Creek 21170 25 mph

Cloverdale Avenue 20470 25 mph

Columbia Drive 23790 25 mph

Columbia View 22930 25 mph

Crews 20690 20 mph

Curly Creek 20040 35 mph

Dalen Street 23880 25 mph

Dillingham Extension 21690 25 mph

Dillingham Loop 23810 25 mph

Dogwood Street 23770 25 mph

Downham 21440 20 mph

Edgewater Drive 23140 25 mph

Eldridge Monda 20760 20 mph

Estabrook Road 24700 25 mph

Evans Street 24300 25 mph

Evergreen Street 23900 25 mph

Eyman Cemetery 20500 25 mph

Fifth Street 23100-B 25 mph

First Street 22850 25 mph

First Falls View 21650 25 mph

Foster 21400 35 mph

Foster Creek 20270 35 mph

Fourth Street 20440 25 mph

Frank Johns Road 20290 25 mph

35 mph

Fredrickson Avenue 25 mph

Gale Street 22910 20 mph

Glur 23420 20 mph

Gropper 20640 25 mph M.P.

0.00-0.31

20 mph M.P.

0.31-End

Guide-Meridian 22280 20 mph

Hemlock 21410 35 mph M.P.

0.00-1.00

25 mph M.P.

1.00-End

Hemlock "Y" 22650 20 mph

Heslen 23160 25 mph

H.H. Avenue 21640 20 mph

High Bridge 21450 25 mph

Holcomb Lane 20030 25 mph

Hill Drive 23090 20 mph

Holly Drive 21630 20 mph

Hot Springs Avenue 20340 25 mph M.P.

0.00-0.51

35 mph M.P.

0.51-End

Iman Cemetery 20750 25 mph

Iman Loop 23860 35 mph

Jaksha 21330 25 mph

Johnson 20730 20 mph

Jordan 22900 20 mph

Juniper Street 23950 25 mph

Kanaka Creek 20620 25 mph M.P.

0.00-0.57

45 mph M.P.

0.57-End

Leete 22680 25 mph

Linde 23180 20 mph

Little Soda Springs 21370 45 mph M.P.

0.00-3.53

20 mph M.P.

3.53-End

Log Dump 22750 20 mph

Loop 20280 35 mph M.P.

0.10-6.90

25 mph M.P.

6.90-7.11

Louther 23410 20 mph

Lucas Street 23360 20 mph

Lutheran Church 23390 25 mph

Major Street 20460 20 mph

Mallicott 21430 25 mph

Manning 22610 20 mph

Maple Way 20600 25 mph M.P.

0.00-0.07

35 mph M.P.

0.07-0.69

25 mph M.P.

0.69-0.83

Marks 22310 20 mph

Martha Creek 21580 25 mph M.P.

0.00-0.31

35 mph M.P.

0.31-End

Mathany 21340 25 mph

McQueen 22780 20 mph

Metzger 20490 25 mph

Mineral Springs 21350 35 mph

Monaghan 20570 25 mph

Montell Terrace 22190 25 mph

Moore 20130 25 mph

Myers 22620 25 mph

Nelson Creek 20300 35 mph

Noble Fir Drive 20010 25 mph

Oak Street 22220 25 mph

Old Detour 23310 25 mph

Old School House 23060 20 mph

Old Smith Beckon 20480 25 mph

Old State 21480 35 mph M.P.

0.00-1.50

25 mph M.P.

1.50-End

Panther Creek 21390 25 mph

Panther Creek Cut-off 21360 25 mph

Peyrollaz 20560 25 mph

Pine Street 20020 25 mph

Piper 21550 25 mph

Re-Cycle 21470 25 mph

Rakestraw 20520 25 mph

Red Bluff 21680 35 mph

Redwood Street 24000 25 mph

Rockwood Drive 23830 25 mph

Rogers Street 24400 25 mph

Roley 23070 20 mph

Rosenbach Lane 24100 25 mph

Ryan-Allen 20380 35 mph

Schulze Street 24200 25 mph

Second Street 22800 25 mph

Second Street Extension 22770 35 mph

Shipherd Falls 22840 25 mph

Shipherd Springs 20550 25 mph

Short Run 21320 25 mph

Simmons 22920 35 mph

Skaar 23370 25 mph M.P.

0.00-0.62

20 mph M.P.

0.62-End

Smith-Beckon 20540 25 mph M.P.

0.00-0.25

35 mph M.P.

0.25-0.7.75

25 mph M.P.

0.75-1.33

Sprague Landing 20320 35 mph

Spruce Street 23960 25 mph

Spruce Street 20370 25 mph

Stewart 23250 25 mph

St. Martin's Hill 22760 20 mph

St. Martin's Springs 20580 25 mph

Tamarack Lane 21520 25 mph

Third Street (Carson) 22790 25 mph

Thomas Street 23380 20 mph

Trailer Dump Access 21530 20 mph

Trout Creek 22700 35 mph

Valley Drive 24600 25 mph

View Drive 23820 25 mph

Vine Maple Loop 23920 25 mph

Wachter 20700 20 mph

Wilkinson Street 22870 25 mph

Woods 23350 25 mph

Wind River (FAS 92135 50 mph M.P.

264) 0.00-0.65

35 mph M.P.

0.64-1.24

40 mph M.P.

1.24-2.10

50 mph M.P.

2.10-2.13

40 mph M.P.

2.13-2.73

55 mph M.P.

2.73-8.52

35 mph M.P.

8.52-8.94

55 mph M.P.

8.94-14.00

35 mph M.P.

14.00-14.38

50 mph M.P.

14.38-20.28

30 mph M.P.

20.28-25.89

50 mph M.P.

25.89-30.24-

End

(Ord. 2003-06; Ord. 2002-05; Ord. 1995-07; Ord. 1995-06; Ord. 1987-03 (part); Ord. 1982-02 (part): Ord. 1979-05 § 4 (part))

10.04.030 Designated– Road Area 3000.

Speed limits in Road Area 3000 are as follows:

Road Name Road Number Speed Limits

Alley 32460 20 mph

Ashley Drive 32250 35 mph

Ausplund 30910 35 mph

Berge 30360 35 mph M.P.

0.00-2.24

25 mph M.P.

2.24-End

Berge Cemetery 32730 25 mph

Bergen 30400 35 mph M.P.

0.00-0.56

20 mph M.P.

0.56-0.76

Big Buck Creek 33750 25 mph

Big Cedar Park 33650 20 mph

Bunker-Keys 30830 20 mph

Bush 30430 20 mph

Bylin 32740 25 mph

Carr 32570 20 mph

Chenowith 30880 35 mph

Chenowith Cemetery 33660 20 mph

Chenowith Cut-off 30890 25 mph

Circle Drive 33970 25 mph

Cook-Underwood 93041 25 mph

35 mph M.P.

0.00-1.00

45 mph M.P.

1.00-3.15

35 mph M.P.

3.15-6.00

50 mph M.P.

6.00-9.00

40 mph M.P.

9.00-14.30

Cooper Avenue 30980 25 mph

Cooper Avenue Spur 33570 25 mph

Cottonwood 30410 25 mph

Davison Street 31600-A 25 mph

Delp 31280 20 mph

Erickson 32260 35 mph

Erickson View Tracts 33680 25 mph

Furness 33600 20 mph

Galligan Springs 33760 20 mph

Girl Scout 32430 20 mph

Gosnell 33690 25 mph

Hale Drive 32440 25 mph

Hamilton Avenue 31600-B 25 mph

Harris 32560 20 mph

Highland Orchards 30900 25 mph

Home Valley Cut-off 32710 35 mph

Home Valley Park 30380 20 mph

Hood 30420 20 mph

Hood View Tracts 33220 25 mph

House Street 33510 25 mph

Indian Cabin 33520 20 mph

Jackson 32540 20 mph

Jessup 30850 25 mph

Kelly-Henke 30590 35 mph

King 33670 20 mph

Kollock-Knapp 31300 40 mph

Kramer 30940 25 mph

Lacock-Kelchner 30950 35 mph

Lakeview 32510 25 mph

Larson 30990 25 mph

Little Buck Creek 30970 35 mph M.P.

0.00-0.40

25 mph M.P.

0.40-1.32

20 mph M.P.

1.32-3.23

20 mph M.P.

3.23-7.33

Little Buck Creek Spur 31700 20 mph

Little Rock Creek 32240 35 mph M.P.

0.00-0.39

Love 30960 20 mph

Manzanola 33640 20 mph

McNichols 30840 25 mph

Mountain Glade 30810 20 mph

Nester Peak 32500 35 mph

Newell 33730 35 mph

Northwestern Dam 31000 20 mph

Oklahoma 30860 25 mph M.P.

0.00-0.32

35 mph M.P.

0.32-1.65

50 mph M.P.

1.65-End

Old Hatchery 30350 25 mph

Orchard Lane 33720 35 mph

Packard Street 31220 25 mph

Peach Lane 30240 20 mph

Post Office 32170 20 mph

Rike 31670 20 mph

School House 33710 35 mph

Scenic Heights 30650 25 mph

Scoggins 30920 35 mph

Sooter 32470 25 mph

Tate 33580 20 mph

Treiber 33500 20 mph

Trillium Trail 30780 25 mph

Tombleson 31310 25 mph

Waters 33620 20 mph

Wedrick 32720 25 mph

Wess 30930 25 mph

Willard 30870 50 mph M.P.

0.00-1.45

25 mph M.P.

1.45-1.50

50 mph M.P.

1.50-End

Wind Mountain 30390 35 mph

Young 31290 20 mph

(Ord. 1994-06; Ord. 1988-03 § 1; Ord. 1982-02 (part): Ord. 179-05 § 4 (part))

10.04.040 Speed limits on county roads– General.

Unless otherwise posted, the lawful maximum speed limit on any county road shall be thirty-five mph.

(Ord. 1982-02 (part))

Chapter 10.08
PARKING RESTRICTIONS

10.08.020 Turnarounds.

10.08.030 Driving lanes.

10.08.040 Intersections.

10.08.050 Glur Road.

10.08.060 Hot Springs Avenue.

10.08.065 Smith-Beckon Road.

10.08.070 Wind River Road.

10.08.075 Washougal River Road.

10.08.081 Old Hatchery Road.

10.08.082 Drano Lake Boat Launch.

10.08.090 Gropper Road.

10.08.095 Shipherd Falls Road.

10.08.100 Metzger Road.

10.08.110 County road right-of-way.

10.08.120 Snow parking permits.

10.08.020 Turnarounds.

No parking is permitted in all county road turnarounds as indicated by No Parking signs.

(Ord. 1982-02 (part): Ord. 1979-05 § 3 (2))

10.08.030 Driving lanes.

No parking is permitted within all designated driving lanes or within ten feet of the roadway centerline in the absence of the standard white stripe on the outside edge of the driving lanes.

(Ord. 1982-02 (part): Ord. 1979-05 § 3 (3))

10.08.040 Intersections.

Parking is prohibited within thirty feet of any intersection. "Intersection" is defined as the junction of the driving surface of any and all county and private roads.

(Ord. 1982-02 (part): Ord. 1979-05 § 3 (4))

10.08.050 Glur Road.

No parking is permitted on Glur Road from M.P. 0.00 to M.P. 0.02, both right and left sides.

(Ord. 1982-02 (part): Ord. 1979-05 § 3 (5))

10.08.060 Hot Springs Avenue.

No overnight parking (two-thirty a.m. to five-thirty a.m.) is permitted on Hot Springs Avenue from M.P. 0.00 to M.P. 1.00, November 1st to April 1st.

(Ord. 1982-02 (part): Ord. 1979-05 § 3 (6))

10.08.065 Smith-Beckon Road.

No parking is permitted on the right (east) side from M.P. 0.26 (intersection with Hot Springs Avenue) to M.P. 0.395 during ball games at the ball fields of Wind River Middle School.

(Ord. 2006-13 (part))

10.08.070 Wind River Road.

A. No parking is permitted on Wind River Road from M.P. 1.98 to M.P. 2.03, both right and left side.

B. No overnight parking (two-thirty a.m. to five-thirty a.m.) is permitted on Wind River Road within thirty feet of either side of the centerline from M.P. 0.00 to Wind River High Bridge, November 1st to April 1st.

C. Automobile parking only, both right and left side, from Carson Creek Road to Hot Springs Avenue.

(Ord. 1982-02 (part): Ord. 1979-05 § 3 (7))

10.08.075 Washougal River Road.

A. No parking is permitted on Washougal River Road at any time on the right (south) side from M.P. 9.484 (intersection with Malfait Tracts Road) to M.P. 9.871 (intersection with Canyon Creek Road).

B. No parking is permitted on Washougal River Road at any time on the left (north) side from M.P. 10.079 (southeast corner of Roger Malfait Community Park) to M.P. 10.376 (intersection with Skye Road).

(Ord. 2006-13 (part))

10.08.081 Old Hatchery Road.

Old Hatchery Road is intended for access for water recreation and sports fishing type activities.

A. No vehicle and/or boat trailer parking on the north or east side of Old Hatchery Road.

B. No vehicle and/or boat trailer parking on launch ramp or in the area within fifty feet east of said launch ramp, except for loading or unloading boats.

C. Any person, or persons, blocking the launch site for longer than fifteen minutes may be cited for a violation of this section.

D. Boats and trailers may be parked in areas designated for parking only.

E. No vehicles, trailer or tent shall be parked, placed, maintained or stored upon any area of the launch site, or along the Old Hatchery Road between the hours of one a.m. and three a.m.

F. No vehicles shall be left in the parking area for longer than twenty-four consecutive hours.

G. No person, or persons, shall cause any fires to be started in the parking area or along the roadway.

H. No fireworks will be allowed anywhere in the area or along said roadway.

I. No obstructions, either gear or equipment, shall be placed on Old Hatchery Road, the launch ramp, or in the parking area, except as provided above.

J. No boat shall be left at the boat storage site for longer than one hour.

K. No commercial activity shall take place at said site without obtaining a permit from the board of county commissioners for such commercial activity. Such permit shall not be issued unless, in the opinion of the county commissioners, the public will benefit therefrom.

(Ord. 2000-01 (part); Ord. 1986-05)

10.08.082 Drano Lake Boat Launch.

The Drano Lake Boat Launch site is intended for access for water recreation and sports fishing type activities.

A. No vehicle or trailer shall park on or block the boat launch, except for loading and unloading boats.

B. Any person, or persons, blocking the launch site for longer than fifteen minutes may be cited for a violation of this section.

C. Boats and trailers shall be parked in areas designated for parking.

D. No vehicle, trailer, or tent shall be parked, placed, maintained or stored upon any area of the launch site, or along the approach to the Drano Lake Boat Launch Site between the hours of one a.m. and three a.m., except Yakima Indians with tribal issued permits for the Yakima Indian Drano Lake Special Fishery from the hour of nine p.m. Tuesday through twelve noon the following Wednesday during the months of April and May.

E. No vehicles and trailers shall be left in the parking area for longer than fourteen hours during any twenty-four hour period.

F. No person, or persons, shall cause any fires to be started in the parking area or along the roadway.

G. No fireworks will be allowed anywhere in the area or along the roadway.

H. No obstructions, either gear or equipment, shall be placed on the launch ramp, or in the parking area, except as provided in this section.

I. All dogs must be kept on a leash or in vehicles.

J. No littering is permitted, including the cleaning of fish on site and no dumping of rubbish on site.

K. No commercial activity shall take place at such site without obtaining a permit from the board of county commissioners for such commercial activity. Such permit shall not be issued unless, in the opinion of the county commissioners, the public will benefit therefrom.

L. In addition to any other penalties provided elsewhere herein any person, or persons, not abiding by the above mentioned items may be cited for a violation of this section and shall be subject to a civil penalty not to exceed two hundred fifty dollars.

(Ord. 2003-05; Ord. 2000-01 (part); Ord. 1992-01)

10.08.090 Gropper Road.

A. No parking is permitted on Gropper Road at any time on the left side from M.P. 0.38 to M.P. 0.61.

B. No parking is permitted on Gropper Road between Maple Way and Kanaka Creek Road between the hours of eight a.m. and five p.m.

C. No parking is permitted on Kanaka Creek Road between Gropper Road and Kanaka Creek cut-off between the hours of eight a.m. and five p.m.

(Ord. 1991-07; Ord. 1982-02 (part): Ord. 1979-05 § 3(9))

10.08.095 Shipherd Falls Road.

No parking is permitted along Shipherd Falls Road between Milepost 0.11 and Milepost 0.19 from dusk until dawn.

10.08.100 Metzger Road.

A. No parking is permitted on Metzger Road during the hours of darkness from M.P. 0.00 to M.P. 0.90.

B. No parking is permitted on Metzger Road at any time on the left (south and west) side from M.P. 1.241 (southern intersection with Wind River Road) to M.P. 1.524 (intersection with Noble Fir Drive).

C. No parking is permitted on Metzger Road at any time on the right (east) side from M.P. 1.524 (intersection with Noble Fir Drive) to M.P. 2.080 (northern intersection with Wind River Road).

(Ord. 2006-13 (part): Ord. 2003-01 (part); Ord. 1982-02 (part))

10.08.105 Wind River Road.

No parking is permitted along Wind River Road Number 92135 between Milepost 6.73 and Milepost 7.80.

10.08.110 County road right-of-way.

It is unlawful to park or store any vehicle, equipment or materials within the county road right-of-way for a period in excess of twenty-four hours except as authorized by special use permit from the board of county commissioners or their designated appointee.

(Ord. 1982-02 (part))

10.08.120 Snow parking permits.

A permit shall be required to park during snow plowing season, December 15 through March 15 in all signed and designated snow park areas posted in Skamania County.

(Ord. 1993-03 (part): Ord. 1989-01: Ord. 1982-02 (part); Ord. 2011-01, 3-1-11)

Chapter 10.12
MISCELLANEOUS REGULATIONS

10.12.010 Road bridges– Fishing prohibited when.

10.12.020 Roads within the national forest– Speed limits.

10.12.030 Engine brake restrictions.

10.12.040 No diving.

10.12.042 Washougal River Bridge.

10.12.050 Traction devices required.

10.12.060 Materials on roadway.

10.12.070 Load, height and weight restrictions on bridges.

10.12.010 Road bridges– Fishing prohibited when.

No fishing is permitted from Skamania County roadway bridges unless a pedestrian walkway exists. (The normal walkway is three feet in width.) Edge curbs shall not be considered to be pedestrian walkways. Fishing shall only be permitted from the pedestrian walkway.

(Ord. 2000-10 § 1: Ord. 1982-02 (part): Ord. 1979-05 § 2 (1))

10.12.020 Roads within the national forest– Speed limits.

The speed limit is thirty-five miles per hour on all roads within the national forest unless otherwise posted, and as noted below:

N-90: Twenty-five miles per hour from one-half mile west of Swift Forest Camp entrance to one-half mile south of Jim's Store, including the Eagle Cliff Bridge and Camp Area.

(Ord. 1982-02 (part): Ord. 1979-05 § 2 (2))

10.12.030 Engine brake restrictions.

Use of engine brakes is prohibited in the following areas, except in an emergency:

A. Carson: On all roads within the bounds of Williams Gas pipe line crossing Hot Springs Avenue at M.P. 1.06 on the east side, the Williams Gas pipe line crossing Wind River Road at M.P. 0.65 on the south side, and the Conrad Lundy, Jr. Bridge at M.P. 3.51 Wind River Road on the north side; Carson Creek Road at M.P. 0.15 on the west side.

B. Mill-A: On the Cook-Underwood Road from the Willard Road intersection at M.P. 5.08, south to M.P. 3.00;

C. Cook: On the Cook-Underwood Road from (State Route 14) M.P. 0.00 to M.P. 1.00;

1. On Wind River Road from M.P. 7.00 to M.P. 9.00,

2. On Hemlock Road from (Wind River Road) M.P. 0.00 to end of road M.P. 1.39,

3. On Little Soda Springs Road from (Hemlock Road) M.P. 0.00 to M.P. 0.25.

(Ord. 2003-01 (part); Ord. 1993-02; Ord. 1982-02 (part): Ord. 1980-01 (part); Ord. 1979-05 § 2 (3))

10.12.040 No diving.

No diving or jumping (including but not limited to rope swings, parachuting, hang-gliding, and/or bungie jumping) is permitted from any of the county bridges, including any portion of the bridge.

(Ord. 2000-10 § 2: Ord. 1982-02 (part): Ord. 1980-01 (part))

10.12.042 Washougal River Bridge.

Pedestrians shall only cross the Washougal River Bridge (Bridge No. 101) by remaining on the pedestrian sidewalk. Pedestrians shall also not loiter on the Washougal River Bridge. For purposes of this section, the term "loiter" means, in addition to its regular meaning, to stand around or move slowly about, to stand idly by, to spend time idly, to linger.

(Ord. 2000-10 § 3)

10.12.050 Traction devices required.

Snow tires, approved traction devices and tire chains shall be required when posted on county roads.

(Ord. 1982-02 (part))

10.12.060 Materials on roadway.

It is unlawful to track, deposit or cause any mud, rock, gravel or other materials to be tracked or otherwise deposited onto any county road in such quantities that present any obstruction to vehicular traffic or that decrease the tractive properties of roadway surface.

(Ord. 1982-02 (part))

10.12.070 Load, height and weight restrictions on bridges.

The height, width and weight of loads to be hauled across county bridges shall be determined from time to time by the county engineer whose findings shall be made available to the board of county commissioners who, by resolution, shall set said limitations. The county engineer shall promptly thereafter clearly sign and post such bridges accordingly.

Chapter 10.16
PENALTIES

10.16.010 Violation– Civil– Penalty.

10.16.011 Violation– Parking– Penalty.

10.16.012 Violation– Materials on roadway– Additional penalty.

10.16.020 Violation– Right of trial.

10.16.021 Violation– No penalty provided.

10.16.010 Violation– Civil– Penalty.

Any person found to be in violation of any provisions of Chapters 10.04 through 10.12 shall, upon conviction thereof, be subject to a fine of not less than ten dollars nor more than two hundred fifty dollars, and in no event shall such person be subject to incarceration or loss of liberty as a result of conviction for violation of any provision of Chapters 10.04 through 10.12.

(Ord. 1998-02 (part); Ord. 1982-02 (part): Ord. 1979-05 § 5)

10.16.011 Violation– Parking– Penalty.

In addition to the penalty provided for in Section 10.16.010, when any police officer finds a vehicle parked in violation of any of the provisions of Sections 10.80.020 through 10.08.110 or 10.08.120, such officer is authorized to provide for the removal of such vehicle to a place of safety or require the driver or other person in charge of the vehicle to move the same, to a position off of the restricted area as indicated by Sections 10.80.020 through 10.08.110 or 10.08.120 for the purpose of this section. A place of safety may include the business location of a towing service, and the registered owner of the vehicle in violation will be responsible for all costs involved in the towing service.

(Ord. 2006-13 (part): Ord. 1982-02 (part))

10.16.012 Violation– Materials on roadway– Additional penalty.

In addition to the penalties provided in Section 10.12.010, violators convicted under Section 10.12.060 shall be assessed damages for costs incurred by Skamania County in removing or otherwise cleaning up such materials from the roadway.

(Ord. 1998-02 (part); Ord. 1982-02 (part))

10.16.020 Violation– Right of trial.

Any person charged with the violation of any provision of Chapters 10.04 through 10.12 shall not be entitled to trial by jury nor shall he/she be entitled to appointed counsel.

(Ord. 1982-02 (part): Ord. 1979-05 § 6)

10.16.021 Violation– No penalty provided.

The violation of any section of Title 10 for which no penalty is specifically set out shall be subject to Section 10.16.010.

(Ord. 1982-02 (part))

Chapter 10.18
EMERGENCY LOAD LIMITATIONS ON COUNTY ROADS

10.18.010 Declaration of purpose.

10.18.020 Scope and construction of terms.

10.18.030 Definitions.

10.18.040 Emergency load limitations.

10.18.050 Special permits for authorized vehicles.

10.18.060 Maximum speed permitted on posted roads.

10.18.070 Penalty.

10.18.080 Action for damage.

10.18.010 Declaration of purpose.

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

A. Establish and post load limitations upon county roads during load sensitive periods;

B. Request the Washington State Patrol's assistance with weight control enforcement.

(Ord. 1995-05 (part))

10.18.020 Scope and construction of terms.

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

(Ord. 1995-05 (part))

10.18.030 Definitions.

A. "Authorized emergency vehicle" means any vehicle of any fire department, sheriff's office, Skamania County road department, prosecuting attorney, Washington State Patrol, ambulance service, which need not be classified, registered or authorized by the State Patrol.

B. "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.

C. "County engineer" means the county engineer, the county director of public works, or his or her designee

D. "County road" means every public highway or road or part thereof in the county road log or part thereof, outside the limits of incorporated within Skamania County and is within a city or town and which has not been designated as a state highway.

E. "Gross weight" means the total vehicle weight including load.

F. "Load sensitive periods" means any period designated by the county engineer.

G. "Perishable commodity" means a product of agriculture, aquaculture, or manufacture which by its nature is subject to destruction, decay, deterioration or spoilage except under proper conditions.

H. "Person" means and includes every natural person, firm, partnership, corporation, association or organization.

I. "Pneumatic tire" includes every tire of rubber or other resilient material designed to be inflated with compressed air to support the load thereon.

J. "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.

K. "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.

L. "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.

M. "Truck" means any motor vehicle designed or used for the transportation of commodities, merchandise, produce, freight, animals or other things.

N. "Vehicle" means and 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. 1995-05 (part))

10.18.040 Emergency load limitations.

A. When the county engineer determines that vehicles whose gross tire loads will seriously damage or destroy a county road, the county engineer may impose limits on vehicles weights, except for authorized emergency vehicles.

B. The emergency load limitations imposed by this section shall become effective upon the county engineer erecting signs designating the load limitations (visible to the operator of a vehicle as the operator enters the restricted area), and shall remain in effect until the county engineer removes the signs.

(Ord. 1995-05 (part))

10.18.050 Special permits for authorized vehicles.

A. In accordance with RCW 46.44.092 and RCW 46.44.093, the county engineer 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.

1. Emergency vehicles, operating for the purpose of conducting their official function, shall be exempt from obtaining a specially issued permit;

2. School buses operating in their official function shall be considered as emergency vehicles for permit purposes;

3. Trucks hauling perishable commodities. To obtain a permit, drivers must show proof that at least fifty percent of their load is fresh produce and/or perishables;

4. Feed trucks (on trip bases only): allowed to haul half loads on emergency basis;

5. Fuel trucks (on trip basis only): allowed to haul half loads on emergency basis;

6. Vehicles providing service necessary for health and welfare.

B. 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. Allowance will be made for single tires only on the front of a vehicle;

4. The load distribution on any axle of a vehicle shall be such that it will not load the tires on said axle in excess of the prescribed load, as set forth above, 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 following limits on vehicle weights are for determining allowable loads and shall apply to vehicles receiving permits under this section:

Conventional Pneumatic Tires Tubeless or Special Pneumatic Tires with .5 Marking

Gross Load Tire Gross Load

Tire Width Each Tire Width Each Tire

7.00* 1800 lbs. 8-22.5* 1800 lbs.

7.50 2000 lbs. 9-22.5 2200 lbs.

8.25 2200 lbs. 10-22.5 2600 lbs.

9.00 2600 lbs. 11-22.5 3200 lbs.

10.00 3200 lbs. 11-24.5 3200 lbs.

11.00 3600 lbs. 12-22.5 3600 lbs.

*And Under

If a vehicle has ten-inch or wider tires on the front axle and otherwise qualifies for a permit, the vehicle may be allowed to have ten thousand pounds gross weight on such front axle under emergency load limitations.

C. Tires over eleven inches in width may be issued a special permit for loads of three thousand pounds plus four hundred pounds per inch of tire in excess of eleven inches, up to five thousand two hundred fifty pounds per tire.

D. Any vehicle requiring a special permit under this section shall not exceed twenty-five miles per hour on any county road subject to emergency load limitations.

(Ord. 1998-02 (part); Ord. 1995-05 (part))

10.18.060 Maximum speed permitted on posted roads.

Except where applicable law specifies a lower speed, the county engineer may post a reduced speed limit upon any county road under emergency load limitations.

(Ord. 1995-05 (part))

10.18.070 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 ordinance shall constitute a traffic infraction subjecting the violator to the monetary penalties provided in RCW 46.44 and 46.61, as hereinafter amended.

(Ord. 1998-02 (part); Ord. 1995-05 (part))

10.18.080 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. 1995-05 (part))

Chapter 10.26
PEDESTRIAN FACILITIES, CURBS, SIDEWALKS

10.26.010 Driving on.

10.26.010 Driving on.

It is unlawful to intentionally drive any motorized vehicle on or across any curb, sidewalk or public pathway except at authorized crossings or as authorized by special use permit from the board of county commissioners or their designated appointee.

(Ord. 1982-02 (part))

Chapter 10.28
PEDESTRIAN, BICYCLE AND OFF-HIGHWAY MOTORBIKE PATHWAY– HORSE PATHWAY

10.28.010 Created.

10.28.020 Uses reserved.

10.28.030 Use of horse pathway by pedestrians and bicycles– Conditions.

10.28.040 Motorbikes to yield right-of-way.

10.28.050 Highway crossing.

10.28.060 Use of certain section of highway restricted.

10.28.070 Closure of Northwestern Dam Road from M.P. 0.19 to end.

10.28.010 Created.

There is created within the area outlined on the document marked "Attachment B"* and incorporated in this chapter by reference, a pedestrian, bicycle and off-highway motorbike pathway, and a horse pathway.

(Ord. 1982-02 (part): Ord. 1975-11 (1))

* Editor's Note: A copy of Attachment B is on file in the office of the county auditor.

10.28.020 Uses reserved.

A. That area designated as a pedestrian, bicycle and off-highway motorbike pathway is reserved for pedestrians, bicycles and off-highway motorbike use only.

B. That area designated as a horse pathway is reserved for horse use only.

(Ord. 1982-02 (part): Ord. 1975-11 (2), (3))

10.28.030 Use of horse pathway by pedestrians and bicycles– Conditions.

Pedestrians and pedal bicycles may use the horse pathway provided that at all times they shall yield the right-of-way to oncoming horse traffic by moving to the path edge to permit the safe passage of horse users. (1982-02 (part): Ord. 1975-11 (part))

10.28.040 Motorbikes to yield right-of-way.

All motor-bike traffic shall at all times yield the right-of-way to oncoming pedestrians and pedal-bike traffic by moving to the edge of the path.

(Ord. 1982-02 (part): Ord. 1975-11 (part))

10.28.050 Highway crossing.

All crossings of the highway by pedestrians, bicycles and off-highway motorbikes and horses shall be at designated crossing zones only.

(Ord. 1982-02 (part): Ord. 1975-11 (part))

10.28.060 Use of certain section of highway restricted.

Horses, bicycles and off-highway motorbikes and pedestrians shall not use the surfaced area of the Wind River Highway between the points described on Attachment B, as that section of highway is reserved for motor vehicle use only.

(Ord. 1982-02 (part): Ord. 1975-11 (part))

10.28.070 Closure of Northwestern Dam Road from M.P. 0.19 to end.

Northwestern Dam Road from M.P. 0.19 to its termination at M.P. 1.10 shall be closed to vehicular travel. The aforesaid section of roadway shall be reserved for trail purposes and for emergency access only.

(Ord. 1982-02 (part))

Chapter 10.36
PARKING– ON COURTHOUSE GROUNDS

10.36.010 Findings.

10.36.020 Attachment A adopted by reference– Violation.

10.36.030 Implementation– Enforcement.

10.36.040 Scope– Recommendation.

10.36.050 Elected officials– Space designation.

10.36.060 Signs to be posted.

10.36.010 Findings.

Because of the congested and limited parking facilities available to both the county employees and the general public through and around the courthouse grounds and buildings, the board of county commissioners, in order to ensure that business is conducted in an orderly manner at the courthouse and attendant buildings and that the public is afforded an opportunity to conduct its business therein, deems it necessary to establish and assign parking spaces for the different purposes and uses.

(Ord. 1982-02 (part): Ord. 1977-06 (part))

10.36.020 Attachment A adopted by reference– Violation.

The document entitled Attachment A, which is on file in the office of the county clerk, is incorporated by reference in this chapter and shall become the official allocated parking for all courthouse grounds and buildings. Any vehicles parked contrary to this document and chapter shall be towed away at the owner's expense after the first warning.

(Ord. 1982-02 (part): Ord. 1977-06 (part))

10.36.030 Implementation– Enforcement.

The county engineer is instructed to do all things necessary, including, but not limited to, striking, marking and lettering, to accomplish and implement this chapter, and the county sheriff is directed to cause any unauthorized vehicle or vehicles to be towed away at the owner's expense, either through the use of proper county equipment or through the use of private towing agencies licensed to conduct this activity.

(Ord. 1982-02 (part): Ord. 1977-06 (part))

10.36.040 Scope– Recommendation.

Any areas shown on Attachment A which are not county property but are adjacent to county property shall not be affected by this chapter, but this chapter shall be a recommendation and a request to the town of Stevenson to provide, by ordinance, for such parking as is indicated.

(Ord. 1982-02 (part): Ord. 1977-06 (part))

10.36.050 Elected Officials– Space designation.

In those areas set aside for elected county officials, the county engineer is directed to provide a name plate or some other type of identification for each office.

(Ord. 1982-02 (part): Ord. 1977-06 (part))

10.36.060 Signs to be posted.

The county engineer is directed to post all necessary signs as required by law in order to implement this chapter and, in addition thereto, to post such signs as he deems reasonable to inform the general public of the proper parking facilities for their use and to apprise them of the risk of parking in unauthorized areas.

(Ord. 1982-02 (part): Ord. 1977-06 (part))

Chapter 10.50
ADOPTION OF RCW 46.90– WASHINGTON MODEL TRAFFIC ORDINANCE

10.50.010 Adoption by reference.

10.50.010 Adoption by reference.

The Washington Model Traffic Ordinance, Ch. 308– 330 WAC, is adopted by reference as the traffic ordinance of Skamania County as set forth herein.

(Ord. 2002-05; Ord. 1994-10 § 1)

Chapter 10.54
IMPOUNDMENT OF VEHICLES DRIVEN BY SUSPENDED/REVOKED DRIVERS

10.54.010 Adoption of legislative findings.

10.54.020 Impoundment of vehicles driven by suspended/revoked drivers.

10.54.030 Holding vehicles impounded.

10.54.040 Redemption of Impounded Vehicles.

10.54.050 Notice of impoundment and right to hearing in district court.

10.54.060 Petition for judicial review.

10.54.070 Hearing before county district court.

10.54.080 Towing and storage of impounded vehicle.

10.54.010 Adoption of legislative findings.

In 1998, the Washington State Legislature passed ESHB 1221 to allow for the impoundment and forfeiture of vehicles being operated by persons who have a suspended and/or revoked driver's license. The board of county commissioners hereby adopts the legislative findings of Washington Laws of 1998, Chapter 203, Section 1, and intends this ordinance to be a civil in rem action against the vehicle in order to remove it from the public highways and reduce the risk posed to traffic safety by a vehicle accessible to a driver who is reasonably believed to have violated the traffic laws.

10.54.020 Impoundment of vehicles driven by suspended/revoked drivers.

Pursuant to the authority of RCW 46.55.113, whenever the driver of a vehicle is arrested for violation of RCW 46.20.342 (driving while license is suspended and/or revoked (DWLS/DWLR)), or RCW 46.20.420 (operation of vehicle under other license or permit prohibited while license is suspended or revoked), the vehicle is subject to impoundment at the business location of a registered tow truck operator at the direction of the county sheriff or one of his deputies. The county sheriff's office, with the approval of the board of county commissioners, shall negotiate and contract with one or more properly licensed and authorized tow truck operators to tow, store and release vehicles impounded under this chapter. At minimum, this contract for services shall include a provision that indemnifies the county, and its officials, from liability for any damages caused to the impounded vehicle during its tow or storage.

10.54.030 Holding vehicles impounded.

A. DWLS/DWLR first degree or second degree. When a vehicle is impounded because the operator is in violation of RCW 46.20.342 (1) (a) or (b), (DWLS/DWLR first or second degree), the vehicle will be held, at the written direction of the county sheriff, one of his/her deputies, or any Washington State patrol officer, in impound before it may be redeemed for:

1. Up to thirty days when the department of licensing's records show that the operator has no prior conviction of RCW 46.20.342 (1) (a) or (b) or a similar local ordinance within the past five years;

2. Up to sixty days when the department of licensing's records show that the operator has been convicted once of RCW 46.20.342 (1) (a) or (b) or a similar local ordinance within the past five years; and

3. Up to ninety days when the department of licensing's records show that the operator has been convicted two or more times of RCW 46.20.342(1)(a) or (b) or a similar local ordinance within the past five years.

B. DWLS/DWLR Third Degree. When a vehicle is impounded because the operator is in violation of RCW 46.20.342 (1) (c) (DWLS/DWLR Third Degree), the vehicle will be held at the written direction of the county sheriff, one of his/her deputies or any Washington State patrol officer, in impound before it may be redeemed as follows:

1. The sheriff shall issue an immediate written order of release of the vehicle from impound upon the owner's compliance with the provisions of Section 4 when the department of licensing's records show that the operator has no prior conviction of RCW 46.20.342 or a similar local ordinance within the past five years; and

2. Thirty days when the department of licensing's records show that the operator has one or more convictions of RCW 46.20.341 (1) (a), (b) or (c) or a similar local ordinance within the past five years.

C. Hardship Release. The law enforcement agency which has impounded the vehicle may issue a written order to immediately release the vehicle from impound before the expiration of the impound period on the basis of economic or personal hardship to the owner of the impounded vehicle, or if impoundment would be unfair under the circumstances, (provided the owner is not the offender), taking into consideration public safety factors, including but not limited to, the operator's relationship to the owner, the operator's criminal history and driving record, and whether the owner knew about the operator's driving record or license status.

10.54.040 Redemption of impounded vehicles.

Vehicles impounded pursuant to Section 3, may be redeemed, after being held for the requisite number of days in impound under Section 3, upon the following conditions:

A. The person redeeming the vehicle is an eligible person to redeem vehicles under RCW 46.55.120(1) (a) and pays all towing, removal, and storage fees in commercially reasonable tender as provided in RCW 46.55.120(1)(b); and

B. When the vehicle was impounded because the operator was in violation of RCW 46.20.342 and the operator is the registered owner, such registered owner must establish with the county sheriff's office that all penalties, fines, and/or forfeitures owed by him or her for traffic violations have been paid in full; and

C. Issuance of a written order from the county sheriff or one of his deputies directing release of the impounded vehicle.

10.54.050 Notice of impoundment and right to hearing in district court.

A. The law enforcement agency which has impounded a vehicle under this chapter shall immediately provide the registered tow truck operator a written order of impound on forms prepared by the county Sheriff's Office. The form shall provide, at minimum, the following:

1. A description of the vehicle (including license plate number);

2. Date and time of impound;

3. The reason for the impound;

4. The name of the operator of the vehicle;

5. The name and address of the last registered and legal owner(s) of the vehicle as provided by the Department of Motor Vehicle records; and

6. Duration that the vehicle is to be impounded as provided by this chapter and RCW Chapter 46.55.

B. The registered tow truck operator towing or receiving an impounded vehicle under this chapter shall, within twenty-four hours of the impoundment, notify in writing the last known registered and legal owner (s) of the impounded vehicle of the order of impoundment. The registered tow truck operator may use the information provided by the law enforcement agency ordering the impound of the vehicle. The notice of impoundment notification shall be made and deemed completed by first class mail to the last known address of the registered and legal owner(s) of the vehicle.

1. The notice of impoundment shall be provided on forms developed and prepared by the county sheriff's office, and provide, at minimum, the following information:

a. The name of the agency ordering the impound;

b. The date of the impoundment;

c. The reason for the impoundment;

d. The duration of the impoundment;

e. The tow truck operator who is in possession of the vehicle; and

f. Notice of right to seek a hearing before the county district court to challenge the impound, provided a written request is filed with the court within ten days of the date of mailing.

2. The tow truck operator shall also enclose, along with the notice of impoundment to the last registered owner(s), the following:

a. A copy of the sheriff's order of impound as provided in subsection 5(A);

b. A request for hearing form as prepared by the county sheriff's office to be used to request a hearing before the county district court; and

c. An invoice of the towing and anticipated storage costs.

Failure to enclose any of the above information or items will not constitute a defense or affect the validity of the impoundment of the vehicle.

3. The registered tow truck operator which has towed or received an impounded vehicle shall also give to each person who seeks to redeem an impounded vehicle, written notice as provided in this subsection 5(B).

10.54.060 Petition for judicial review.

The last registered and/or legal owners of, or any person who claims a legal interest in, an impounded vehicle may petition the county district court in writing for a hearing to challenge the validity of the impound, or the appropriateness of the impoundment, towing or storage fee charges. The petitioner must pay to the court clerk a filing fee in the same amount required for the filing of a lawsuit in district court. If the district court does not receive a written hearing request, or if the civil filing fee is not paid within ten days of the registered tow truck operator's mailing of the notice of impoundment, then the right to a hearing is waived and the registered and/or legal owners are liable for any towing, storage, or other impoundment fees or other charges as permitted under this chapter and/or RCW Chapter 46.55.

10.54.070 Hearing before county district court.

A. Within five days of receiving a written request for hearing, the district court shall notify the registered tow truck operator, the person requesting a hearing (if not the owner), the last registered and/or legal owners of the vehicle as determined by the Department of Motor Vehicle records and the agency responsible for the impound, of the hearing date and time.

B. At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were not proper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer's personal appearance at the hearing.

C. At the conclusion of the hearing, the county district court shall determine whether the impoundment was proper, whether the towing or storage fees charged were in compliance with the posted rates, and determine who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the registered tow truck operator's posted or contracted rates.

D. If the impoundment is found proper, the impoundment, towing, and storage fees as permitted under this chapter, together with court costs, shall be assessed against the person or persons requesting the hearing, unless the operator did not have a written impoundment order from the appropriate law enforcement agency.

E. If the impoundment is determined to be in violation of this chapter, then the registered and legal owners of the vehicle shall bear no impoundment, towing, or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impoundment, shall be liable for any towing, storage, or other impoundment fees permitted under this chapter. The court shall enter judgment in favor of the registered tow truck operator against the person or agency authorizing the impoundment, for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owners of the vehicle or other item of personal property registered or titled with the Department of Motor Vehicles, for the amount of the filing fee required by law for the impound hearing petition as well as reasonable damages for loss of the use of the vehicle during the time the same was impounded, for not less than fifty dollars per day, against the person or agency authorizing the impoundment. However, if an impoundment arising from the alleged violation of RCW 46.20.342 or 46.20.420 is determined to be in violation of this chapter, then the law enforcement officer directing the impoundment, the government employing the officer, and the tow truck operator who towed or stored the vehicle are not liable for damages if the officer and tow truck operator relied in good faith and without gross negligence on the records of the Department of Motor Vehicles in ascertaining that the operator of the vehicle had a suspended or revoked driver's license at the time he or she was operating the vehicle.

10.54.080 Towing and storage of impounded vehicle.

A. Pursuant to RCW 46.55.120, any tow truck operator who has removed, received or stored a vehicle that has been impounded by a law enforcement officer, may comply with RCW 46.55.120 by providing written notice of the right of redemption and opportunity for a hearing to each person who seeks to redeem an impounded vehicle or is a registered owner of the vehicle. The tow truck operator is also responsible to only charge reasonable amounts for their services. To be recovered these amounts must be posted in accordance with RCW 46.55.120(3). If no one seeks to redeem the vehicle, the tow truck operator may exercise its rights as provided in RCW 46.55.110.

B. Tow truck operator's storage of vehicle. If the vehicle is directed to be held for a suspended license impound, a person who desires to redeem the vehicle at the end of the period of impound shall, within five days of the impound, and at the request of the tow truck operator, pay a security deposit to the tow truck operator of not more than one-half of the applicable and anticipated impound storage rate for each day of the proposed suspended license impound. The tow truck operator shall credit this amount against the final bill for removal, towing, and storage upon redemption. The tow truck operator may accept other sufficient security in lieu of the security deposit. If the person desiring to redeem the vehicle does not pay the security deposit, or provide other security acceptable to the tow truck operator, the tow truck operator may process and sell at auction the vehicle as an abandoned vehicle within the normal time limits and in accordance with the procedure set out in RCW 46.55.130(1). The security deposit required by this section may be paid and must be accepted at any time up to twenty-four hours before the beginning of the auction to sell the vehicle as abandoned. The registered owner(s) is not eligible to purchase the vehicle at the option, and the tow truck operator shall sell the vehicle to the highest bidder who is not the registered owner.

C. A rental car business may immediately redeem a rental vehicle it owns that has been impounded by paying the cost of removal, towing and storage, whereupon the tow truck operator may release the vehicle being held under this chapter.

D. A motor vehicle dealer or lender with a perfected security interest in the vehicle may redeem or lawfully repossess a vehicle immediately upon payment of the cost of removal, towing and storage, whereupon the vehicle will not be held for a suspended license impound. A motor vehicle dealer or lender with a perfected security interest in the vehicle may not knowingly and intentionally engage in collusion with a registered owner to repossess and then return or sell the vehicle to a registered owner in an attempt to avoid a suspended license impound. However, this provision does not preclude a vehicle dealer or lender with a perfected security interest in the vehicle from repossessing the vehicle and then selling, leasing, or otherwise disposing of it in accordance with Chapter 62A.9 RCW (UCC Security Interests), including providing redemption rights to the debtor under RCW 62A.9.506. If the debtor is the registered owner of the vehicle, the debtor's right to redeem the vehicle under Chapter 62A.9 RCW is conditioned upon the debtor obtaining and providing proof from the impounding authority or court having jurisdiction that any fines, penalties, and forfeitures owed by the registered owner, as a result of the suspended license impound, have been paid, and proof of the payment must be tendered to the vehicle dealer or lender at the time the debtor tenders all other obligations required to redeem the vehicle. Vehicle dealers or lenders are not liable for damages if they rely in good faith on an order from the impounding agency or a court in releasing a vehicle held under suspended license impound.