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HomeMy WebLinkAbout2016• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 40 /6 AN ORDINANCE. relating to the parking of vehicles in the City of Port Angeles, providing that violation of the ordin- ance is a criminal act, establishing penalties therefor; providing for enforcement procedures, and repealing conflicting ordinances. BE IT ORDAINED BY THE CITY COUNCIL OF PORT ANGELES as follows: Section 1. Definitions (A). "Limited Time Zone" - an area designated pursuant to the terms of this ordinance in which vehicles may be parked for a defined period of time. (B). "Restricted Parking Zone" - an area designated pursuant to the terms of this ordinance in which vehicles may be parked only in accordance with the requirements of the particular type of restricted parking zone. (C). "Parking Meter Zone" - an area designated pursuant to the terms of this ordinance in which vehicles may be parked for a defined period of time, which area is regulated by the use of parking meters. (D). The following sections of Chapter 46.04 RCW are hereby adopted by reference: .020, .040, .120, .140, .160, .190, .320, .380, .381, .391, .405, .431, .460, .510, .540, .555, .565, .566, and .620. Section 2. Purpose - Exercise of Police Power This ordinance is an exercise of the police power of the City of Port Angeles and is necessary for the protection and pres- ervation 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. Section 3. General Manner of Parking (A). On all city streets or portions of city streets, vehicles shall be parked parallel to the curb, with the wheels of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 the vehicle located closest to the curb being not more than twelve inches from the curb; except where lines drawn on the pavement or curbs indicate that vehicles are to be parked in a different manner. (B). In all other areas which are subject to the terms of this ordinance, parking shall be in accordance with lines drawn on the pavement or signs posted at the curb. Section 4. Unlawful Acts Designated - General (A). It shall be unlawful for any person to stop, stand, or park a vehicle within the City in violation of any of the pro- visions of RCW 46.61.570, or RCW 46.61.575. (B). It shall be unlawful for a vehicle to be parked on a city street in any of the following circumstances: (1) If the vehicle is inoperable, unless it is in the process of repair sufficient to allow removal of the vehicle from the city street as rapidly as possible. (2) If the vehicle is parked on the city street for an unreasonable period of time, which for the purposes of this subsection shall be more than fourteen (14) days. Section 5. Unlawful Acts Designated -- Overtime Parking In Limited Time and Parking Meter Zones (A). 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. (B). It shall be unlawful for any person to permit a vehicle to remain or be placed in a parking space within a parking meter zone adjacent to any parking meter while the parking meter is displaying a signal indicating violation. 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 criminal -2- 1 2 3 • 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 complaint was parked in violation of this ordinance, together with proof that the defendant named in the complaint was at the time of the violation the registered owner of the vehicle shall constitute prima facie evidence that the registered owner of the vehicle was the person who committed the unlawful act. Section 7. Designation of Limited Time',' Re's'tricted/ and Parking Meter Zones. The Chief of Police and the Director of Public Works, or the City Manager if they cannot agree, are hereby authorized and reqired to establish limited time, restricted, and parking meter zones on city streets and parking lots. Such zones shall be defined and marked in accordance with the requirements of RCW 47.36.060. Section 8. Limited Time and Parking Meter Zones - Use (A). There shall be two limited time zones; two hour and 15 minute. (B). Between the hours of 9 AM and 6 PM 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 or parking meter zone in violation of the terms of this ordinance. ' Section 9. Restr'ict'ed' Parkin 'Zones Restricted parking zones designated pursuant to Section 7 of this ordinance, and the allowed use of each restricted zone are as follows: (A). No Parking Zone - no vehicle, except an authorized emergency vehicle, shall park, stand, or stop in a no- parking zone. (B). Loading Zone - no vehicle shall park, stop, or stand in a loading zone, except for the purpose of, and only for such period of time as necessary for, expeditious loading or -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. (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. (D). Police Zone - no vehicle, other than one upon official police business shall stop, stand, or park in a police zone. Section 10. Violations - Penalty - General Except as otherwise specifically provided in this ordinance, 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 a misde- meanor, and upon conviction thereof, shall be punished by a fine only in any sum not to exceed Five Hundred ($500) Dollars. Section 11. Violations - Penalty - Overtime Parking Any person who violates or fails to comply with require- ments of Section 5 of this ordinance is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine only in accordance with the following schedule: (A). Penalty for violation shall be Two ($2.00) Dollars. (B). If the peanity is not paid within seven (7) days of the date of the violation, excluding the day of the violation, the penalty shall be Ten ($10.00) Dollars. (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 Fifteen ($15.00) Dollars. (D). If the penalty is not paid within sixty (60) days of the date of the violation, excluding the day of the violation, the penalty shall be Twenty -five ($25.00) Dollars. -4- • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 12. Unlawfully Parked Vehicles May Be Removed Any police officer is hereby authorized to provide for the removal, at the owner's expense, of any vehicle parked in violation of any of the provisions of Section 4 of this ordinance. Section 13. Severability If any section or subsection of this ordinance shall be declared void or unconstitutional, each and every other section or subsection of this ordinance shall continue in full force and effect, as if enacted without the voided section or subsection. Section 14. Savings This ordinance shall not affect any prosecution for any violation of ordinances superseded or repealed by this ordinance begun prior to the effective date of this ordinance, and any such prosecution shall proceed as if this ordinance had not been enacted. Section 15. Repealer The following ordinances, or portions of ordinances, are hereby repealed: Sections 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, and 15 of No. 1169; No. 1209; No. 1231; Sections 1, 7, 9, 13, 14, 15, 16, 17, 18, 19, 20, 24, 28, 30 (4) of No. 1310; Sections 1, 2 and 5 of No. 1374; Section 1 of No. 1458; No. 1490; No. 1491; Sections 1, 2, 3 and 4, of No. 1499; No. 1514; No. 1556; No. 1761; No., 1875; No. 1993; and No. 2002. PASSED by the City Council of the City of Port Angeles at a regular meeting of the Council held on the 3 day of f,Q , 1979. -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ATTEST: Marian C. Parrish, City Clerk • APPROVED AS TO FORM: Craig Miller, City Attorney PUBLISHED: Q/o,_,, / lv /979 -6-