Subtitle II
Miscellaneous Provisions

Chapter 11.90
TRAFFIC VIOLATIONS BUREAU

Sections:

11.90.010 Duties and responsibilities.

11.90.010 Duties and responsibilities.

The judges of the Seattle Municipal Court are authorized to provide by rule pursuant to RCW 35.20.140 that the Traffic Violations Bureau1 shall be the appropriate office for the acceptance bail, issuance of court appearance dates and notices thereof, preparation of subpoenas and notification of officers in connection with court appearances, and the performance of duties and responsibilities related thereto, all in connection with violations of those municipal ordinances under the jurisdiction of Department I of the court as may be designated by such rule. All functions of the Traffic Violations Bureau performed pursuant to court rules herein provided for shall be construed as a delegation of duties of Department I of the Seattle Municipal Court, and in the performance thereof the Traffic Violations Bureau shall be responsible to the judge of Department I.

(Ord. 94893 § 1, 1966: Ord. 94730 § 1, 1966.)

1. Editor's Note: The judges of the municipal court have denominated the Traffic Violations Bureau as the "Ordinance Violation Bureau" subject to administration by the Presiding Judge rather than by the judge of Department No. I only.

Chapter 11.92
ABANDONED VEHICLES

Sections:

11.92.010 Definitions.

11.92.020 Nuisance abatement.

11.92.030 Enforcement authority.

11.92.040 Public hearing– Notices.

11.92.050 Public hearing– Property owner's rights.

11.92.060 Removal and disposal of vehicle.

11.92.070 Costs of abatement and removal.

11.92.010 Definitions.

For the purposes of this chapter, an "abandoned vehicle" means any vehicle left upon the private property of another without the consent of the owner of such property for a period of twenty-four (24) hours or longer, except that a vehicle shall not be considered abandoned if its owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance. A "wrecked, dismantled, or inoperative vehicle or automobile hulk" means the remnant or remains of a motor vehicle which is inoperative and cannot be made mechanically operative without the addition of vital parts or mechanisms and the application of a substantial amount of labor to effect repairs.

(Ord. 98223 § 1, 1969.)

11.92.020 Nuisance abatement.

Abandoned, wrecked, dismantled, or inoperative vehicles or automobile hulks or parts thereof on private property are declared to be public nuisances which shall be abated and removed as provided in this chapter; provided, that this chapter shall not apply to: (A) any vehicle or hulk or part thereof which is completely enclosed within a building in a lawful manner and not visible from the street or other public or private property, or (B) any vehicle or hulk or part thereof stored or parked in a lawful manner in connection with the business of a licensed dismantler or licensed vehicle dealer, on private property fenced in accordance with the provisions of RCW 46.80.130, or (C) any vehicle or hulk or part thereof stored or parked on private property in connection with the business of an auto-wrecking yard or junkyard fenced in accordance with provisions of the Comprehensive Zoning Ordinance of the City.1

(Ord. 98223 § 2, 1969.)

1. Editor's Note: The Zoning Ordinance is codified in Title 24 of this Code.

11.92.030 Enforcement authority.

The Director of Engineering shall enforce this chapter and shall be responsible for the abatement and removal of any vehicle or hulk or part thereof declared in Section 11.92.020 to be a public nuisance.

(Ord. 98223 § 3, 1969.)

11.92.040 Public hearing– Notices.

A. Before abatement and removal of any such vehicle or hulk or part thereof from private property, the Director of Engineering shall give notice that a public hearing may be requested before the City Council and that if no such hearing is requested within ten (10) days of the date of such notice, the vehicle or hulk or part thereof described in the notice will be abated and removed by the City and the costs of such abatement and removal collected from the registered owner of such vehicle or hulk or part thereof or from the owner of the property upon which such vehicle or hulk or part thereof is located.

B. Upon receipt of any such request for public hearing, the City Council may by resolution set a date for public hearing on the question of abatement and removal of the vehicle or hulk or part thereof as a public nuisance and shall cause to be given notice of the time, location and date of such hearing.

C. The notices provided for in this section shall be mailed by certified or registered mail, with a five (5) day return requested, to the owner of the property on which such vehicle or hulk or part thereof is located, as shown on the last equalized assessment roll and, if identification numbers are available to determine ownership, to the last registered and legal owner of record of such vehicle or hulk or part thereof.

(Ord. 98223 § 4, 1969.)

11.92.050 Public hearing– Property owner's rights.

The owner of the property upon which any such vehicle or hulk or part thereof is located may appear at such hearing in person or may timely present a written statement for consideration at such hearing, and may deny responsibility for the presence of such vehicle or hulk or part thereof on such property, giving reasons for such denial. If it is determined at such hearing that the vehicle or hulk or part thereof was placed on such property without the consent of the property owner, and that he has not subsequently acquiesced in its presence, then the City shall not attempt to collect the cost of abatement and removal or any part thereof from the property owner.

(Ord. 98223 § 5, 1969.)

11.92.060 Removal and disposal of vehicle.

After notice has been given of the City's intent to abate and remove any such nuisance, and after public hearing if such is requested all as provided in Section 11.92.040, the Director of Engineering shall cause such vehicle or hulk or part thereof to be removed and disposed of to a licensed auto wrecker and shall give notice to the Washington State Patrol and the Washington State Department of Motor Vehicles that such vehicle or hulk or part thereof has been wrecked, and the proceeds of any such disposition shall be used to defray the costs of abatement and removal of any such vehicle, hulk or part thereof, including costs of administration.

(Ord. 98223 § 6, 1969.)

11.92.070 Costs of abatement and removal.

The costs of abatement and removal of any such vehicle, hulk or part thereof, including costs of administration, shall be collected from the last registered owner thereof if the identity of such owner can be determined and unless such owner in the transfer of ownership thereof has complied with RCW 46.12.101 as amended; or, except as provided in Section 11.92.050, the costs shall be collected from the owner of the property on which such vehicle, hulk or part thereof is located.

(Ord. 98223 § 7, 1969.)

Chapter 11.94
RAILROAD BARRIERS REQUIRED

Sections:

11.94.040 Exceptions.

11.94.050 Prohibited uses along portion of Railroad Avenue.

11.94.060 Movements across improved streets or highways.

11.94.070 Liability of owner or operator– Trespassing.

11.94.080 Violation– Penalty.

11.94.040 Exceptions.

In consideration of the acceptance of the further provisions of this chapter with reference to railroad tracks upon Railroad Avenue and Railroad Way in the City by all railroad companies possessing franchises for the operation of railroads thereon, the provisions of the foregoing sections with reference to fences and barriers, and the provisions thereof with reference to gates and flagmen shall not be required upon Railroad Avenue or Railroad Way in the City for the period of twelve (12) months from the date when this ordinance codified in this chapter takes effect.1

(Ord. 21593 § 4, 1909.)

1. Editor's Note: Ord. 21593 became effective on September 5, 1909.

11.94.050 Prohibited uses along portion of Railroad Avenue.

A. No railroad company shall run any locomotive, train or cars along any tracks owned or controlled by such railroad company, or which it shall be entitled to use, situated upon that part of Railroad Avenue lying between Bell Street and King Street, nor make any use of such tracks other than to furnish cars and railroad service in switching to and from local wharves or warehouses; provided, however, that this section shall not be construed as prohibiting the running and operating of passenger trains south of Washington Street to and from passenger stations or depots which may be located on said street or south thereof; and provided, further, that in connection with such switching service no such railroad company shall allow its locomotives or cars to stand upon the tracks within Railroad Avenue except long enough to do necessary switching, make up trains, or to receive and land passengers or load and unload freight, unless in case of accident or other unavoidable delay. All trains or cars switched between the hours of seven a.m. (7:00 a.m.) and ten p.m. (10:00 p.m.) shall be accompanied by an extra flagman for the protection of the public using said avenue, and no switching shall be done at a greater rate of speed than six (6) miles per hour.

B. The City reserves the right under its police power to hereafter, if public safety or necessity requires, by ordinance, designate closed hours for switching within that portion of Railroad Avenue described in subsection A.

(Ord. 35932 § 1, 1916: Ord. 21593 § 5, 1909.)

11.94.060 Movements across improved streets or highways.

It shall be unlawful to switch or move any railroad car or cars across any improved street or highway within the City limits unless either there is a locomotive coupled to such car or cars or a man is stationed at such crossing to flag and give warning of the movement over the crossing.

(Ord. 68093 § 1, 1938: Ord. 21593 § 8, 1909.)

11.94.070 Liability of owner or operator– Trespassing.

Nothing in this chapter contained shall be taken to release the owner, agent, lessee or operator of any railroad or street railway from any liability for any injury or damage which may be suffered by any person upon any such railroad or street railway property, but the safeguards and protection to the public prescribed in this chapter shall be provided and maintained in addition to all other care and protection required by law; provided, however, that nothing herein contained shall authorize or be considered as authorizing the use by the public for purposes of travel, of any railroad, street railway, trestle or other property, and such use of any trestle or bridge erected for the sole purpose of carrying railroad or street railway tracks by any person, except by express permission of the company or person whose tracks are carried by any such trestle or bridge is prohibited, and any person using any such trestle or bridge, except as aforesaid, is declared to be a trespasser. The company or person whose tracks are carried by any such bridge or trestle shall keep at each end thereof a white sign bearing in black letters the words "Danger: Walking or driving on this bridge (or trestle) is prohibited by ordinance of The City of Seattle."

(Ord. 21593 § 6, 1909.)

11.94.080 Violation– Penalty.

Any person, company or corporation, violating the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in any sum not exceeding One Hundred Dollars ($100.00), or may be imprisoned in the City Jail for a term not exceeding thirty (30) days, or may be both fined and imprisoned.

(Ord. 21593 § 7, 1909.)