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HomeMy WebLinkAbout4260 ORDINANCE NO. AN ORDINANCE relating to parking control and amending ~__~ regulations establishing parking fees for on street parking, enforcement procedures and fines, and amending Chapters 10.04, 10.08, 10.11 and 11.10 of the Bremerton Municipal Code, and repealing 10.09 and 21.08. m ton SECTION 1. Amendment. Chapter 10.04.010 of the Bre er Municipal Code is amended to read as follows: .010 MTO - ADOPTION BY REFERENCE. The "Washington Model Traffic Ordinance," RCW Chapter 46.90, referred to in this chapter as the "MTO," is adopted by reference as and for the traffic ordinance of the city as if set forth in full in this chapter, except as provided in Section 10.04.020: Provided, Parking on street planting strips is allowed where the City Engineer, upon recommendation of the Parking Board, has determined an area does not pose an unaccessible hazard to motorists or pedestrians, the City Engineer has posted signs authorizing such parking and the vehicle is parked upon such planting strip facing the direction of traffic flow. SECTION 2. Repeal/New Chapter. Chapter 10.08 of the Bremerton Municipal Code is hereby repealed and a new Chapter 10.08, PARKING ZONES, is adopted to read as follows: .010 PARKING ZONES. The City Council, by resolution, shall establish and locate various parking fee and time limit zones within the city rights-of-way where required to regulate parking. By resolution, the Council shall establish appropriate parking fee 1 schedules and permit fees. Fees may be collected by the use of parking meters or other devices and through the issuance of parking permits authorized by this title. .020 PARKING ADMINISTRATION. (a) A Parking Board shall be established to advise the City in matters relating to parking, including the following specific functions: (1) Serve as a body to hear appeals of administrative decisions locating commercial or residential parking permit zones; (2) Advise the City Engineer in the approval of parking within street planting strips; (3) Review and recommend policies and ordinances regarding regulation and enforcement of public parking; and (4) Review and recommend development of facilities for public parking, including right-of-way improvements which affect parking. The Board shall include nine (9) members, two representing the Business District, and one representing commuter interests. These three need not be City residents. All board members shall be appointed or removed by the Mayor with the concurrence of the City Council. Three board members shall be appointed for an initial term of one year, three for a two year term, and three for a three year term. Subsequent appointments shall be for a three year term. The City Engineer shall coordinate administrative staff support for the Board as needed. (b) Collection of parking fees, maintenance of parking meters or other collection devices, and the issuance of parking permits, shall be administered by the department of Administrative Services. The Director of Administrative Services shall promulgate rules and regulations necessary to administer permits authorized by the City Council, including revocation of permits for misuse. (c) Any applicant who is denied a permit or any person whose permit is revoked may appeal such action to the Hearing Examiner pursuant to B.M.C. 2.84. .030 HOLIDAYS EXEMPTED. Christmas, New Years Day and Thanksgiving. SECTION 3. Repeal. Chapter 10.09, Parking Strips, is hereby repealed in its entirety and a new Chapter 10.09, RESIDENTIAL PARKING PERMITS, is adopted to read as follows: .010 PURPOSE. Residential parking permits are established as an exemption to posted parking time limits in those areas impacted by commuter parking to preserve the character of residential districts, preserve access to residences and reduce traffic. .020 DEFINITIONS. For the purpose of this chapter, the words and phrases set forth in this section are defined as follows: (a) "Motor vehicle" includes an automobile, truck, motorcycle or other motor-driven form of transportation not in excess of eight thousand pounds gross weight. (b) "Resident vehicle" means a motor vehicle parked in a residential area by a person who is a resident thereof. (c) "Visitor vehicle" means a motor vehicle parked by a 3 person who is visiting a resident within a residential parking permit area. (d) "Commuter vehicle" means a motor vehicle parked in a residential area by a person not a resident thereof. (e) "Residential area" means a contiguous area containing public streets and highways or parts thereof primarily abutted by residential property or residential and non- business property (including, but not limited to schools, parks, churches, hospitals, and nursing homes). (f) "Residential parking permit area" means a residential area designated as provided in this section wherein resident vehicles displaying a valid permit as described in this chapter shall be exempt from posted parking .040 DESIGNATION - PROCESS. (a) Creation, deletion or boundary changes of residential parking permit areas may be initiated by the Parking Board or upon verified petition of at least two-thirds of the residents of a residential area. The City Engineer and Chief of Police or their designee shall undertake or cause to be undertaken such surveys or studies as are deemed necessary to determine whether a residential area is eligible for permit parking. (b) Upon administrative determination that a particular residential area is eligible for residential permit parking by the Engineer and Police Chief with approval of the Mayor, the City Clerk shall post notice in the particular residential area advising the residents of the location and boundaries of the residential 4 parking area, the permit fee to be charged and the right to appeal the designation within ten (10) days. A timely appeal to the Parking Board, filed with the City Clerk, by a resident or business owner within the designated permit area will stay the action until the Board's review and decision. The decision of the Parking Board may be appealed to the City Council. .050 POSTING AREA. Upon the final designation of a residential parking permit area, the City Engineer shall cause signs to be erected in the area, indicating thereon the parking time limit for such area if not already posted. .060 ELIGIBILITY CRITERIA. Parking permits may be issued for motor vehicles only upon application of the following persons: (a) A legal resident of the residential parking permit area who has a motor vehicle registered in his name, or who has a motor vehicle for his exclusive use and under his control. (b) A person who owns or leases commercial property and actively engages in business activity within a residential parking permit area. There shall be a limit of two (2) residential permits issued per dwelling unit, unless parking availability allows a greater number. No more than one parking permit may be issued for each business establishment for a motor vehicle registered to or under the control of such person. .070 PERMIT - PROOF OF RESIDENCY. Residency shall be established by two sources of documentation which may include such items as a property deed, rental agreement, utility billing, drivers license or vehicle registration. .080 PERMIT - PROOF OF OWNERSHIP, USE, CONTROL. Proof of motor vehicle ownership or vehicle use and control shall be demonstrated in any of the following ways: (a) Possession of valid vehicle registration or other indication of title listing thereon the applicant as owner; or (b) A valid vehicle registration or other indication of title in the name of a person other than the applicant, plus a statement provided by the owner that the vehicle is for the applicant's continuous use for a period of fourteen (14) days or more. .090 PERMIT - LONG TERM VISITOR. Visitor parking permits are authorized for residents of a residential parking permit area for use by a bona fide transient therein. Such a visitor permit shall have all the rights of a regular permit. A visitor permit shall be valid for no more than fourteen days from the date of issuance. No resident of a residential parking permit area shall be issued more than two visitor permits at any one time. .100 PERMIT - SHORT TERM VISITOR. A resident within a residential parking permit area may call the Police Department business office during business hours to obtain non-restricted parking for his visitor, at no cost, by providing the resident's address and the visitor's motor vehicle license number. Such parking privilege shall not exceed twenty-four hours or to the next business day if this period expires during a weekend or holiday. .110 PERMIT - ISSUANCE - GENERAL PROCEDURE. Parking permits shall state thereon the particular residential parking permit area, the license number of the motor vehicle for which it is issued and the expiration date. .120 PERMIT - DISPLAY - SCOPE. (a) Permits shall be displayed so as to be clearly visible through the rear window of the vehicle on the left side thereof. (b) A residential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated residential parking area. .130 PERMIT - RENEWAL - DURATION. Each resident parking permit issued shall be valid for one year from the date of issuance. Permits may be renewed annually upon application and submission of proof of residency and motor vehicle ownership as outlined in this chapter. .140 SERVICE VEHICLES. Clearly marked service or delivery vehicles are exempt from the time zone requirements while providing service or making deliveries to dwellings within a residential parking permit area. SECTION 4. Amendment. Chapter 10.11 of the Bremerton Municipal Code is hereby amended to read as follows: .010 ADDITIONAL VIOLATIONS. In addition to those statutes adopted by reference in B.M.C. 10.04.010 restricting standing, stopping, and parking of vehicles, it shall be unlawful and punishable as a civil infraction for any person to commit any of the following actions: (a) Overtime Parking. It is unlawful for any person to permit a vehicle to remain parked overtime or beyond the period of legal parking time established for any time limit parking zone pursuant to this Chapter, except vehicles issued a permit pursuant to B.M.C. Chapters 10.04 and 10.09, exempting them from the posted time limits. (b) Counterfeit Permits. It is unlawful for any person to copy, reproduce, or otherwise counterfeit a parking permit or to possess any counterfeit copy or facsimile of a City parking permit. (c) Unauthorized Use of Permit. It is unlawful for any person issued a parking permit by the City to lend, assign, or sell said permit to another. It is unlawful for any person to display any permit issued to another. (d) Counterfeit Tokens. It is unlawful to manufacture, use, or possess any counterfeit of an official token distributed by the City for use in any meter or for other fee collection device. (e) Tampering With Parking Meters or Collection Devices. No person shall deface, injure, tamper with, open, or wilfully break, destroy, or impair the usefulness of any parking meter or collection device. (f) Unauthorized Handicapped Parking. It is a traffic infraction for any person to park a vehicle in a public place provided on private property without charge or on public property reserved for physically disabled persons without a special license plate, card or decal as provided for in RCW 46.16.381 (1) and (2). If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the special license plate, 8 card, or decal required under this section or demonstrates that the person was entitled to the special license plate, card, or decal. (g) Expired Registration. It is unlawful to park any vehicle in a public right-of-way or on public property without a current vehicle license registration tab displayed according to law. (h) Unlawful Parking in city Lot. In addition to other enforcement remedies, it is unlawful to park any vehicle in a city owned parking lot or structure without paying the posted fee or parking in excess of posted time limits or in violation of use restrictions. (i) Obliterating Tire Markings. It is unlawful to conceal, obliterate, or erase markings on vehicle tires made by a parking enforcement officer for the purpose of recording parking time. (j) Reparking Within Time Zone. It is unlawful to repark any vehicle between two intersections if the combined parking time for the vehicle exceeds the time limitations of the parking zone. (k) False Application. It is unlawful for any person to intentionally provide false or misleading information on any application for a parking permit. (1) Failure to Surrender Permit. The Director of Administrative Service is authorized to revoke the residential parking permit of any person found to be in violation of its intended use. Upon written notification of permit revocation by the Director of Administrative Services, it shall be unlawful for any person to fail to surrender a parking permit as directed. (m) Storage of Vehicles within Right-of-Way. Parking, in 9 excess of seventy-two (72) hours, of non-motorized conveyances or motor vehicles in a public right-of-way shall be unlawful without a right-of-way use permit. SECTION 5. A~endment. Chapter 11.10.010(5) of the Bremerton Municipal Code is amended to read as follows: .010 MAINTENANCE OF HAZARDOUS CONDITIONS PROHIBITED. It is unlawful for the owner and/or any person, firm, or corporation occupying or having charge or control of any premises abutting upon any public street, right-of-way, or alley, or beneath such public sidewalk area in the City to construct, place, cause, create, maintain, or permit to remain upon any part of said right-of-way located between the curbline, or if there is no curbline, then between the adjacent edge of the travelled portion of such right- of-way and the abutting property line, any condition, structure, or object dangerous or hazardous to the use of said right-of-way by the members of the general public including, but not limited to, the following conditions: (5) Defective conditions on the planting strip, unless posted for parking· S~CTION 6. Repeal. Chapter 21.08 of the Bremerton Municipal Code is hereby repealed in its entirety. APPROVED by the City Council on the first reading this 10 PASSED by the City Council of the City of Bremerton this /~/ .... day of Yi, ~t~ff , 1990 . Council President LOUIS MENT~)R~-M~yor ATTEST: KATHLEEN L. McCLUSKEY, Cler~