Town ponders beefing-up right-of-way rules

The Coupeville Town Council might look into upgrading the town code.

The Coupeville Town Council might look into upgrading the town code to address what Mayor Molly Hughes described as the “questionable” use of the public right-of-way.

The town has codes to regulate the use of the right-of-way, and each violation is a Class 3 Civil Infraction punishable with fines up to $50. However, as emerged from the meeting and a memo from the mayor, these rules are not specific nor strict enough for police officers to enforce.

“It’s pretty light,” Hughes said. “There’s not really any enforcement that we can do.”

According to the town code, motor vehicles can’t be parked in the right-of-way if the vehicle is not completely off the traveled portion of the roadway in order to avoid traffic hazards.

Hughes said she has increasingly been noticing a variety of unauthorized objects obstructing the right of way. These include storage pods, containers, sheds, cars, trailers and boats that could be hard to remove in case of an emergency and obstruct views of neighbors.

The code doesn’t allow for any recreational vehicle — such as boat trailers, travel trailers, campers, motor homes — or commercial vehicles to be parked in the town right-of-way.

Cars and tools occupying the right-of-way during repairs could also pose a safety hazard, Hughes said. Parking or keeping a motor vehicle in the right-of-way is unlawful when it’s “in a state of major disassembly, disrepair or in the process of being stripped, dismantled, repaired or overhauled,” the code says.

Hughes said she has seen some residents place temporary signs, sheds, shrubs, trees and fences in the right-of-way, with some being there for decades. If there ever is an emergency, they will be pulled out in a messy fashion and the town is not responsible for putting them back, Hughes said, adding that the town wants nothing in the area but grass, gravel and asphalt.

According to the mayor, the town has received an unspecified number of complaints about unhoused people sleeping in their cars and trucks parked in the right-of-way. These individuals are starting to be people from outside of Coupeville, she said.

Under the code, any regulated vehicle can stay on a private residential property for no longer than seven consecutive days if the owner or user of the vehicle does not reside in Coupeville and is just visiting the resident of the property.

In June, the Supreme Court issued an opinion empowering municipalities to fine, ticket or arrest people who sleep outdoors, even when there are no adequate shelters available, and that these bans are allowed under the Eighth Amendment.

Some right-of-ways are obstructed by junk vehicles that Hughes said have been parked for long enough that the grass has grown underneath.

At the meeting, the mayor also addressed the issue of hoarding junk vehicles and trash on private property and what the town can do about it.

Hughes said she learned that junk can represent a health risk as old tires can accumulate water and attract mosquitoes, while trash attracts rats and raccoons.

Councilmember Rick Walti pointed out the town has ordinances regulating trees, dogs barking and other private property matters. Just because the trash is on a residential private property shouldn’t mean residents can fill it with junk, he said. Without a homeowners association in town, Coupeville could ensure residents are being neighborly and not negatively affecting the value of their neighbors’ homes, he said.

Councilmember Michael Moore said the town has the legal authority to remove trash from private property, but questioned if the town is prepared to enforce it.

Walti said criminal cases are more likely to get addressed than civil cases, and Hughes said the town could look into changing the classification.

Councilmember Jackie Henderson said the town needs to remind people about right-of-way rules. When talking about junk, she said the town should enforce the rules consistently across Coupeville and figure out a way to pay for trash removal when residents are financially unable to.