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ORDINANCE NO. .2 //$
AN ORDINANCE of the City of Port Angeles,
amending Ordinance No. 2016, decriminal-
izing certain offenses relating to the
stopping, standing, and parking of motor
vehicles on city streets and in city park-
ing lots, providing a penalty for violation,
and declaring a public emergency, thereby
being effective immediately.
WHEREAS the Washington legislature has mandated that all
minor traffic traffic offenses, including those offenses included
in ordinances of cities and towns relating to the stopping, stand-
ing and parking of motor vehicles, be decriminalized as of
January 1, 1981; and
WHEREAS the continued regulation of the stopping, stand-
ing and parking of motor vehicles on city streets and parking lots
is necessary for the protection of the public health, safety and
welfare; and
WHEREAS the ordinance of the City of Port Angeles regula-
ting the parking, standing, and stopping of vehicles on city
streets must be made to conform to the revision in state law; and
WHEREAS the immediate effectiveness of this ordinance is
necessary for the preservation of the public health, safety, and
welfare, through the enforcement of this ordinance; now therefore,
Section 1. Section 2 of Ordinance 2016 is hereby amended to
read as follows:
Section 2.. Purpose - Exercise of Police Power - Decriminal-
ization of Offenses. This ordinance is an exercise of the
police power of the City of Port Angeles and is necessary
for the protection of the public health, safety, and wel-
fare through the regulation and control of parking in the
City of Port Angeles on city streets and parking lots.
All violations of this ordinance are subject to the de- '.
criminalization provisions of Chapter 46.63 RCW, as now
existing or hereafter amended.
Section 2. Section 6 of Ordinance 2016 is hereby amended to
read as follows:
Section 6. Registered Owner Prima Facie Liable for Unlawful
Act. In any prosecution charging a violation of this
ordinance, proof that the particular vehicle described in
the Notice of Infraction was parked in violation of this
ordinance, together with proof that the defendant named in
the Notice of Infraction was at the time of the violation
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.t:
January 6, 1981
MEMORANDUM
TO: City Council /Manager
FROM: City Attorney
RE: Amendment to Parking Ordinance
The 1980 Session of the Legislature changed a large number of
violations of the motor vehicle law from crimes to "infractions ".
This legislative action included a direction to citys adminis-
tering parking ordinances to amend their ordinances so they
also, were not criminal in nature. The attached ordinance
amends those portions of our existing parking ordinance, to
comply with this legislative mandate.
At the request of the Police Department, the ordinance also
amends the bail schedule established in the existing parking
ordinance. That schedule presently goes from $2.00 to $10.00,
if the ticket remains unpaid for seven days. The proposal is
that the fine go from $2.00 to $4.00. The Police Department
has found that the exagerated escalation has made collection
more difficult than otherwise. Persons who have a ticket that
has gone to $10.00 have proven to be less likely to pay the fine
in a timely fashion, due to the size. It is the Police Department's
belief that, if the escalation is not so exagerated in nature,
persons with tickets more than seven days old would nonetheless
be willing to come in and pay them.
Finally, the emergency nature of the ordinance is necessary, so
that it will go into effect immediately, thus bringing our
ordinance into conformance with the Washington State statute.
Craig L. Mill
CLM:pr
attach.
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the registered owner of the vehicle, shall constitute
in evidence a prima facie presumption that the reg-
istered owner of the vehicle was the person who parked
or placed the vehicle at the point where, and for the
time during which, the violation occurred.
Section 3. Section 10 of Ordinance 2016 is hereby amended
to read as follows:
Section 10. Violations - Penalty - General. Any person
who violates or fails to comply with any of the provisions
of this ordinance, or who counsels, aids, or abets any
such violation or failure to comply, is guilty of an
infraction and shall be assessed a penalty in any sum
not to exceed Five Hunred ($500.00) Dollars.
Section 4. Section 11 of Ordinancd 2016 is hereby amended to
read as follows:
Section 11. Violations - Penalty - Overtime Parking.
Any person who violates or fails to comply with the
requirements of Section 5 of this ordinance is guilty
of an infraction, and upon conviction thereof, shall
be punished in accordance with the following schedule:
(A). Penalty for violation shall be Two ($2.00)
Dollars.
(B). If the penalty is not paid within seven (7)
days of the date of the violation, excluding the day
of the violation, the penalty shall be doubled.
(C). If the penalty is not paid within thirty (30)
days of the date of the violation, excluding the day
of the violation, the penalty shall be Twenty ($20.00)
Dollars.
Section 5. The immediate effectiveness of this ordinance is
necessary for the preservation of the public health, safety and
welfare, and this ordinance shall therefore take effect upon execu-
tion.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of the Council held on the 6th day of January,
ATTEST:
APPRO
/2 /98i