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HomeMy WebLinkAbout4271 ~ORDINANCE amending sections 10.il.010, 10.il.040, 10.11.050 k~%'~ and 10.Ii.060 of the Bremerton Municipal Code, relating to the~' '~~ failure to appear for a Notice of Parking Infraction, criteria for declaring a nuisance for failure to respond to notices of infraction, vehicle impound, overtime parking, and collection device regulations. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 10.11.040 of the Bremerton Municipal Code is hereby amended to read as follows: 10.11.040 FAILURE TO APPEAR. Any person who has been issued a Notice of Infraction relating to parking pursuant to B.M.C. 10.11.020(B) and who fails to respond as provided in B.M.C. 1.12.030 shall pay an additional penalty of Twenty-five Dollars ($25.00), regardless of the disposition of the Notice of Infraction. This enhanced penalty shall be in addition to a misdemeanor citation which may be issued for Failure to Respond to Notice of Infraction. Section 2. Amendment. Section 10.11.050 is hereby amended to read as follows: 10.11.050 NUISANCE DECLARED. In addition to the enforcement provisions of Section 10.11.040, if any person has three or more outstanding failures to appear on infractions for parking a vehicle in violation of this Title, the Court Administrator shall mail a notice to the registered owner of said vehicle as shown by the records of the Washington State Department of Licensing declaring that the cited vehicle shall be declared a nuisance and subject to immediate impound or immobilization if the owner fails to appear in court and respond to the underlying infractions within fifteen (15) days of the notice. Section 3. Amendment. Section 10.11.060 is amended to read as follows: 10.11.060 VEHICLE IMPOUND. If the registered owner fails to appeal in court within ten (10) days of the notice declaring a violating vehicle a nuisance, the Court Administrator shall direct the City police department to authorize the immediate impound or immobilization of said vehicle. Notice to legal and registered owners shall be issued in accordance with BMC 9.08.040, and an impound hearing will be provided pursuant to BMC 9.08.050. If impounded or immobilized, the vehicle shall not be released until (1) the police department receives a receipt or other notice from the Court showing that all infractions and crimes relating to standing, stopping or parking the vehicle have been paid or otherwise resolved, or (2) the owner posts bail with the department in an amount set by the Court. Section 4. Amendment. Section 10.11.010 is amended to read as follows: 10.11.010 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, or to be reparked between two intersections, if the parking time or combined parking time for the vehicle exceeds the time limitations of the parking zone, except vehicles issued a permit pursuant to B.M.C. Chapters 10.04 and 10.09, exempting them from the posted time limits. (j) False Application. It is unlawful for any person to intentionally provide false or misleading information on any application for a parking permit. (k) 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. (1) Storage of Vehicles within Right-of-Way. Parking, in 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. (m) Parking fee - Non-payment. It is unlawful to park a vehicle in any parking space monitored by a parking fee collection device, including parking meters, without payment as indicated on the collection device. (n) Parking fee - Time permitted. It is unlawful to park a vehicle in any parking space monitored by a collection device, including parking meters, for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the time zone, irrespective of the amount of money deposited in such collection device. Section 5. Effective Date. This ordinance shall become effective ten (10) days from passage and publications. APPROVED by the City Council on the first reading this ~ day of '~:~ ~'":,./ , 1990. ! PASSED by the City Council of the City of Bremerton this L day of '~'~:~' '~ 't,~ , 1990. Council President LOUIS MENTOR, Mayor ATTEST: K~T'HLEEN L. McCLUSKEy, C~e~r