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HomeMy WebLinkAbout2451ORDINANCE NO. N,rj AN ORDINANCE of the City of Port Angeles creating Chapter 10.20 of the Port Angeles Municipal Code as a parking enforcement code, defining specific offenses, prescribing penalties, and repealing ordinances 994, 1499, 1459, Section 7 of 1570, Section 2 of 1694, 1735, 2016, 2115, 2250. WHEREAS, the City of Port Angeles has, over the past 97 years, adopted numerous separate ordinances relating to and regu- lating parking which has caused overlap, conflict and some con- fusion; and WHEREAS, the City Council is desirous of creating an organized and updated codification of such ordinances and author- izing the creation or retention of such regulations as may be appropriate; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. There is hereby created a new Chapter of the Port Angeles Municipal Code to read as follows: Chapter 10.20 Parking 10.20.010 Purpose - Exercise of Police Power. This Chapter 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 welfare through the regulation and control of parking in the City of Port Angeles on City streets and parking lots. 10.20.020 Adoption. RCW 46.61.560 through 46.61.590, inclusive, Motor Vehicles; Stopping, Standing, and Parking, as now existing and all future amendments, additions, and new sec- tions, are adopted by reference as provided in RCW 35A.12.140. 10.20.030 Definitions. The following definitions shall apply to this Chapter, unless the context of the Chapter indicates otherwise: -1- PO0016[41 A. Chapter 46.04 RCW, Definitions, as now existing and all future amendments, additions, and new sections, are hereby adopted by reference. B. "Limited Time Zone" means those areas designated pur- suant to the terms of this chapter in which vehicles may be parked for a defined period of time. C. "Restricted Parking Zone" means those areas designated pursuant to the terms of this Chapter in which vehicles may be parked only in accordance with the requirements of the particular type of restricted parking zone. D. "City" - The City of Port Angeles. E. "City Council or Council" - The City Council of the City of Port Angeles. F. "Right -of -Way" - The entire width between the boundary lines of every piece of property designated as a public right -of- way, whether any portion of the right -of -way is used by the public for either pedestrian or vehicular traffic. G. "Planting Strip" - That portion of the right -of -way, if any, between a street and the adjacent sidewalk or sidewalk area. H. Parking Enforcement Officer /Parking Control Officer - An officer of the Port Angeles Police Department whose primary duty is to enforce the parking regulations of the City of Port Angeles. I. "Sidewalk" - That portion of the right -of -way, if any, which is designed for pedestrian use, adjacent and parallel to the street, whether improved or not, and including the area which would otherwise be a planting strip, if the area is either covered with cement, asphalt or similar material, or is otherwise used for pedestrian travel. J. "Street" - That portion of the right -of -way, if any which is used for vehicular travel, including alleys. K. "Unopened right -of -way" - A right -of -way which is not used for either pedestrian or vehicular travel. -2- PO0016[4] L. "Parking Lots or City Parking Lots" - Those parking lots owned or leased by the City and designated in PAMC 10.20.130. 10.20.040 Designation of Limited Time, Restricted and Handicap Zones. A. The Director of Public Works, after consultation with the Chief of Police, is hereby authorized and required to estab- lish limited time and /or restricted, parking zones on City streets and parking lots in accordance with the purposes set out in PAMC 10.20.010. He shall further designate the number of such zones and any applicable time limits. Such zones shall be de- fined and marked in accordance with the requirements of RCW 47.36.060. Upon designation, a description and listing of such zones shall be filed with the City Clerk. B. Handicap parking zones shall be located and designated as required by Chapter 70.92 RCW. 10.20.050 Local Handicap Permits. A. Any person who submits satisfactory proof to the Port Angeles Police Department that he or she has lost both of his or her lower extremities, or has lost the normal or full use there- of, or is so severely disabled as to be unable to move without the aid of crutches or a wheel chair, or has lost both hands, or who suffers from lung disease to such an extent that forced expiratory volume, when measured by spirometry, is less than one liter per second, shall be entitled to receive a special permit issued by the Port Angeles Police Department, which shall be left in the vehicle in a conspicuous place, bearing distinguishing marks, letters, or numerals, indicating that the vehicle is being used to transport such disabled person. B. Such permit shall allow the vehicle in which it is displayed to be parked in any handicap or limited time parking zone in the City of Port Angeles, so long as the vehicle is engaged in the transportation of the person designated on the permit. -3- P00016[4] C. Such permit shall be valid only within the City limits of the City of Port Angeles and shall so state upon the face thereof. D. Only one such permit shall be issued for any disability and shall be valid for the time period stated on the face of the permit, which shall be based upon an estimate of the duration of the disability, as evidenced by the proof submitted pursuant to subsection A, but not to exceed one year. 10.20.060 General Manner of Parking and Restrictions Thereon. A. It shall be unlawful for any person to stop, stand, or park a vehicle within the City in violation of any of the provi- sions of RCW 46.61.570, RCW 46.61.575, RCW 46.61.590, or RCW 46.61.600, which include, but are not limited to, the following: 1. No person shall stop, stand, or park a vehicle: a. On the roadway side of any vehicle stopped or parked at the edge or curb of a street, otherwise known as "double parking ", whether or not any person remains inside of the vehicle; b. On a sidewalk, sidewalk area, or street planting strip; c. Within an intersection; d. On a crosswalk; e. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; f. Upon any bridge or other elevated structure upon a highway or within a highway tunnel; g. On any railroad tracks, unless such right -of- way has been vacated or posted for legal parking; h. At any place where official signs prohibit stopping; -4- PO0016[4] i. Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless official signs or markings indicate a different no parking area opposite the ends of a safety zone. 2. No person shall stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: a. In front of a public or private driveway or within five feet of the end of the curb radius leading thereto; b. Within fifteen feet of a fire hydrant; c. Within twenty feet of a crosswalk; d. Within thirty feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway; e. Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy -five feet of said entrance when properly signposted; or f. At any place where official signs prohibit standing. 3. No person shall park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers: a. Within fifty feet of the nearest railroad crossing, unless such area has been posted for legal parking; or b. At any place where official signs prohibit parking. 4. No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as is unlawful. -5- P00016[4] B. In all other areas which are subject to the terms of this Chapter, parking shall be in accordance with lines drawn on the pavement or signs posted at the curb, pursuant to PAMC 10.20.040. C. 1. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key, and effectively setting the brake thereon and, when standing upon any perceptible grade, turning the front wheels to the curb or side of the street. 2. Any officer coming upon an unattended motor vehicle which has keys left in the ignition, shall lock the ignition, remove the keys, and promptly deliver them to the offices of the Port Angeles Police Department for safekeeping. parking ticket shall be issued and a notation made on the reverse side stating the location of the keys. D. No person shall park a vehicle on a City street or in a City parking lot in either of the circumstances listed below. Any police officer is hereby authorized to provide for the re- moval, at the owner's expense, of any vehicle parked in violation of the following provisions: 1. If the vehicle is inoperable and /or under repair; however, vehicles that have broken down while in normal use are allowed to remain for a period not to exceed 48 hours, if not on the traveled portion of the roadway, or; 2. If the vehicle is parked on a City street for an unreasonable period of time, which for the purposes of this subsection shall be more than fourteen consecutive days. E. The occupant(s) of any parked vehicle shall look out for and yield the right of way to oncoming vehicles before open- ing a door on the main traveled roadway side of the vehicle. F. It shall be unlawful for any person to stop, park, or leave standing any vehicle whether attended or unattended, upon the traveled portion of any city street. -6- P00016[4] G. It shall be unlawful for any person to stand or park any vehicle so that any portion of the vehicle or load thereon projects into a street for a distance of more than eight feet from the curb. H. It shall be unlawful for any person to stand or park any vehicle in any alley of the City, except for loading or unloading for a period not to exceed fifteen minutes. I. It shall be unlawful for any person to stand or park any vehicle that is unlicensed or not currently licensed on any City street, parking lot, or alley. J. It shall be unlawful for any person to stand or park a vehicle on any City street for the purpose of repair or lubrica- tion, unless the Director of Public Works is satisfied that the repair or lubrication will not foul City streets and a Right -of- Way Use Permit is obtained prior to commencing work. K. It shall be unlawful for any person to park or store any nonmotorized vehicle, trailer, or other conveyance on any City street in excess of twenty -four hours. L. It shall be unlawful for any person to stand or park a vehicle in such a manner that it prevents a legally parked vehicle from leaving an adjacent space. 10.20.070 Restricted Parking Zones. A. "No Parking Zone" - No vehicle, except an authorized emergency vehicle, shall park, stand, or stop in a no parking zone as delineated by red curb marking and /or appropriate signs. B. "Loading Zone" - No vehicle shall park, stop, or stand in a loading zone designated by yellow curb marking and /or appropriate signs, except for the purpose of, and only for such period of time necessary for, expeditious loading or unloading of a commercial or passenger vehicle. In no case shall the stop for loading or unloading of articles or materials or passengers exceed 15 minutes in time. -7- PO0016[41 C. "Taxi Zone" - No vehicle, other than a for -hire vehicle properly licensed by the City of Port Angeles shall stop, stand, or park in a taxi zone designated by yellow curb marking and /or appropriate signs. D. "Police Zone" - No vehicle, other than one upon official police business, shall stop, stand, or park in a police zone designated by green curb marking and /or appropriate signs. E. "Bus Stop" - No vehicle shall park, stop or stand in a bus stop, except a bus, either to lay over in an operating schedule, or while waiting for, loading, or unloading passengers; provided that such bus provides regularly scheduled service within the jurisdiction of the City authority. F. Handicap Parking Zone. 1. It is a traffic infraction for any person to park a vehicle in a handicap parking zone without a special license plate, card, or decal, as provided for in RCW 46.16.381 or with- out displaying a proper permit as provided for in PAMC 10.20.050. A person charged with a violation hereof shall not be determined to have committed an infraction if he or she produces in court or prior to the court appearance the special license plate, special card, special decal, or permit required hereunder or demonstrates he or she was entitled to the same at the time of being ticketed. 2. Any unauthorized use of the special card, special decal, special license plate, or permit provided for in RCW 46.16.381 or PAMC 10.20.050 is an infraction. 10.20.080 Registered Owner Prima Facie Liable for Unlawful Act. In any prosecution charging a violation of this Chapter, proof that the particular vehicle described in the Notice of Infraction was parked in violation of this Chapter, together with proof that the defendant named in the Notice of Infraction was at the time of the violation the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the -8- PO0016[4] person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred. 10.20.090 Limited Time Zones - Use & Violations. A. Between the hours of 9 A.M. and 6 P.M. on all days of the year except Sunday, New Year's Day, Lincoln's Birthday, President's Day, Memorial Day, 4th of July, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day, no vehicle shall be parked in a limited time zone in violation of the terms of this Chapter. B. It shall be unlawful for any person to park a vehicle in a limited time zone for a period exceeding the maximum time for parking. 10.20.100 Parking Sign Authorization. It shall be unlawful for any person or persons, firms or corporations to erect, paint, or provide any parking sign or markings on City property unless authorized by the Director of Public Works. 10.20.110 Trucks and Trailers - Parking on City Streets. It shall be unlawful to park any truck in excess of ten tons (twenty thousand pounds) or any loaded three or four axle tractor and semi - trailer combination or trailer upon any municipally improved and maintained public street in a residen- tial area within the City of Port Angeles in excess of two hours; PROVIDED that a vehicle having mechanical trouble may park off the traveled portion of the roadway for a period of time not to exceed 48 hours. 10.20.120 Vehicles Measuring More Than Eighteen Feet in Length - Restrictions. No motor or other vehicle measuring more than eighteen feet from the forward edge of the front wheel to the extreme rear point or projection of the vehicle chassis body, and /or its load, shall park on the following designated streets: A. Front Street between Oak and Lincoln Streets; B. First Street between Cherry and Peabody Streets; -9- PO0016[4] C. Oak Street between Railroad Avenue and First Street; D. Laurel Street between Railroad Avenue and First Street; E. Lincoln Street between Railroad Avenue and Third Street; PROVIDED, however, that such vehicles, for the purpose of loading or unloading, shall be allowed to park parallel to the curb on such portions of said streets for a period of time not to exceed fifteen minutes. 10.20.130 Designation of City Parking Lots. The following City Parking Lots located at the addresses listed below and the property contiguous thereto are designated as limited time zones; Lot No. Address A 216 West Front Street, South side of Front Street, between Oak and Cherry. B 117 East Front Street, North side of Front Street, between Lincoln and Laurel C 124 West Front Street, South side of Front Street between Laurel and Oak. D 121 West Front Street, North side of Front Street, between Oak and Laurel. E 132 East Railroad Avenue, South side of Railroad Avenue, between Lincoln and Laurel. F 115 East First Street, North side of First Street, between Lincoln and Laurel. G 105 North Lincoln Street at the corner of First and Lincoln Streets. 10.20.140 Violations - Penalties. A. Any person who violates or fails to comply with any of the requirements of PAMC 10.20.100, "Limited Time Zones ", is guilty of an infraction and shall be punished by a fine of two ($2) Dollars. -10- PO0016[4] B. Any person who violates or fails to comply with the requirements of PAMC 10.20.080(A), "No Parking Zones," is guilty of an infraction and upon conviction thereof, shall be punished by a fine of ten ($10) Dollars. C. Any person who violates or fails to comply with the provisions of PAMC 10.20.080(F), "Handicap Parking Zone ", is guilty of an infraction and upon conviction thereof shall be punished by a fine of fifty ($50) Dollars. D. Any person who violates or fails to comply with any other provision of this Chapter, or who counsels, aids, or abets any such violation or failure to comply, is guilty of an infraction and shall be assessed a penalty of ten ($10) Dollars. E. Any person who receives a Notice of Parking Infraction and fails to respond within fifteen (15) days to such Notice shall be assessed an additional penalty of twenty -five ($25) dollars. 10.20.150 Discretionary Authority - Chief of Police. A. Whenever it is determined that a parking ticket has been improperly issued, the Chief of Police or his designee may void such ticket. B. Whenever it is determined that the registered owner of a vehicle has not received actual notice of a parking violation, the Chief of Police or his designee may extend the time period for payment such that the registered owner has an opportunity to pay the original penalty within forty -eight hours. 10.20.160 Administration. The Chief of Police or his designee(s) shall administer the collection of fees established pursuant to this Chapter through a Parking Violation Bureau as authorized by the District Court Judge for Clallam County, with which the City has contracted for filing violations of the Port Angeles Municipal Code. -11- PO0016[4] Section 2. Repealer. Ordinances 994, 1499, 1459, Section 7 of 1570, Section 2 of 1694, 1735, 2016, 2115, and 2250 are hereby repealed. Section 3. Severability. If any provision of this title, or its application to any person or circumstance is held invalid, the remainder of the title, or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this title are declared to be severable. Section 4. Effective Date. This Ordinance shall take effect as provided by law. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the Mot day of July, 1987. ATTEST: M A Y O R erri L. Anderson, City Clerk APPROVED AS TO FORM: Craig D. PUBLISHED: utson, City Attorney -12- PO0016[4] MEMO: July 17, 1987 TO: Mayor and City Council FROM: City Attorney SUBJECT: Revision of Parking Ordinances ISSTUE: Should the City Council pass the proposed ordinance which repeals out -of -date, duplicative, and conflicting provisions relating to parking and unites, supplements and codifies State law and exist- ing ordinances in the Port Angeles Municipal Code? BACKGROUND: This ordinance was drafted as the result of a perceived need to revise and bring together the many conflicting, overlapping and out of date ordinances which presently regulate parking in the City, as well as address the recent elimination of parking meters. Much of the ordinance tracks or clarifies existing law. Changes the Council should particularly note occur in the sections relating to handicap permits, weight limitations on trucks on city streets, penalties, and the creation of a Parking Violations Bureau. The provisions on handicap parking have been amended to make them more consistent with the intent behind the original adoption of handicap parking regulations. The intent was to provide immediate but temporary permits for those who need handicap parking access during the fairly lengthy processing period for a state license and those whose disabilities are of a temporary nature. Consistent with this intent, the ordinance provides that after a maximum period of one year, the handicap parking permit will expire since by then most temporary disabilities will have ended and ample time will have been provided to get the state license. The permit is made non- renewable unless a new disability occurs to encourage those with lengthy or permanent disability to get the state license which is valid everywhere in the state. The ordinance also eliminates our permit fee and enables the individual with our permit to park overtime without penalty in limited time zones as well as the handi- cap spaces. The weight limitations contained in Section 10.20.110 have the effect of prohibiting most, if not all, unloaded log trucks from parking over two hours on residential streets and alleys. This provision has been added in response to continuing citizen complaint Penalties for violation of the parking regulations have been raised from two to five dollars on overtime parking, from five to ten dollars for safety -type and other miscellaneous violations and from twenty -five to fifty dollars on handicap parking violations. The ordinance refrains a defense for handicapped individuals who are cited for parking without a permit but obtain one prior to their court date. Finally, the ordinance formalizes the operation of our Parking Violations Bureau under the authority of the Clallam County District Court and places its administration under the Chief of Police. Page two July 17, 1987 Mayor and Council Pursuant to our contractual agreement with the County, this Bureau will only handle parking violations. RECOMMENDATION: It is recommended that the City Council enact the proposed ordinance. Deborah S. Kelly Assistant City Attorney DSK /jg Attachment