HomeMy WebLinkAbout4211 ORDINANCE NO.
AN ORDINANCE relating to parking control and amending
regulations establishing parking fees for on street
parking, handicapped parking regulations, enforcement
procedures and fines, and amending Chapters 10.04,
10.10, 10.11, and 11.10 of the Bremerton ~\\~
Municipal Code, and repealing 10.04.033, 10.06, and 10.20.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
SECTION 1. Amen4ment. Chapter 10.04.010 of the Bremerton~~!
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, unless in conflict with
a specific provision of this title.
SECTION 2. Amendment. Chapter 10.04.020 of the Bremerton
Municipal Code is amended to read as follows:
.020 MTO - SECTIONS NOT ADOPTED. The following sections of
the MTO are not adopted by reference and are expressly deleted:
RCW 46.90.127, 46.90.250, 46.90.275, 46.90.500, 46.90.505,
46.90.510, 46.90.515, 46.90.520, 46.90.530, 46.90.535, 46.90.540,
~ an ~nn ~ an ~n ~ an ~on ~ an ~n ~ an ~n 46 90 650,
4~ an ~n 46.90.525, and 46.90.154; provided, of
......... , "Department
Administrative Services" shall be substituted for "Chief of Police"
wherever it appears in RCW 46.90.660, SERVICE PARKING.
SECTION 3. Repeal. Chapter 10.04.033 of the Bremerton
Municipal Code is hereby repealed in its entirety.
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SECTION 4. Repeal. Chapter 10.06 of the Bremerton Municipal
Code is hereby repealed in its entirety.
SECTION 5. Repeal/New Chapter. Chapter 10.10 of the
Bremerton Municipal Code is hereby repealed and a new Chapter
10.10, HANDICAPPED PARKING, is adopted to read as follows:
.010 INDICATION OF PARKING SPACE FOR DISABLED PERSON. RCW
46.61.581 adopted by reference.
.020 FREE PARKING BY DISABLED PERSON. Any person who meets
the criteria for special parking privileges under RCW 46.16.381
shall be allowed free of charge to park a vehicle being used to
transport that person for unlimited periods of time in parking
zones or areas including zones or areas with parking meters which
are otherwise restricted as to the length of time parking is
permitted, except as provided in RCW 46.90.103. This section does
not apply to those zones or areas in which the stopping, parking,
or standing of all vehicles is prohibited or which are reserved for
special types of vehicles. The person shall obtain and display a
special card, decal, or license plate under RCW 46.16.381 to be
eligible for the privileges under this section.
.030 SPECIAL PLATE, CARD OR DECAL ISSUED BY ANOTHER
JURISDICTION. RCW 46.61.583 is hereby adopted by reference.
SECTION 6. Repeal/New Chapter. Chapter 10.11 of the
Bremerton Municipal Code is hereby repealed in its entirety and a
new chapter 10.11, ENFORCEMENT, is hereby adopted to read as
follows:
.010 ADDITIONAL VIOLATIONS. In addition to those statutes
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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 infracton 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. 10.04.010 exempting it 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
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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,
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 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.
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;
provided, that no vehicle may park more than two (2) hours during
any eight (8) hour period at all meters or time zones designated
"Retail."
.020 ENFORCEMENT OF PROCEDURES.
A. The parking regulations set forth in this chapter and
Chapter 10.04 shall be enforced by the City's police officers and
the City's parking enforcement officers.
B. If any vehicle is found parked, standing, or stopped
in violation of this title, or otherwise violates the provisions
of this title, the officer finding the vehicle shall take its
license number and may take any other information displayed on the
vehicle which may identify its user and shall conspicuously affix
to the vehicle a Notice of Parking Infraction. A Notice of Parking
Infraction represents a determination that a parking violation has
been committed. The determination will be final unless contested
as provided in B.M.C. 1.12.040.
C. In any parking violation case involving an infraction
relating to the stopping, standing, or parking of a vehicle, proof
that the particular vehicle described in the Notice of Parking
Infraction was stopping, standing, or parking in violation of any
provision of this title, together with proof of registered
ownership of the vehicle at the time of the violation shall
constitute in evidence a prima facie presumption that the
registered 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, provided the procedure for issuing a parking
violation set forth herein has been followed.
.030 PENALTIES. Unless specifically set forth elsewhere in
this title, the penalties for each parking violation of the
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provisions of this chapter and Chapter 10.04, defined as an
infraction, shall be:
Overtime: $ 5.00 - free or short term retail parking
$10.00 - all other
Loading Zones: $15.00
No Parking: $20.00
Wrong Way: $15.00
Parked on Sidewalk: $50.00
Fire Hydrant: $25.00
12"+ From Curb: $5.00
Handicapped (public & private): $50.00
Counterfeiting or Use of
Counterfeit Permits or Tokens: $500.00
Unauthorized Use of Permits: $100.00
All Other Infractions Not Specified Above: $10.00
.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 wilfully fails to respond as provided in
B.M.C. 1.12.030 shall pay an additional penalty of Twenty-Five
Dollars ($25.00), plus statutory assessments, regardless of the
disposition of the Notice of Infraction. This enhanced penalty
shall be in addition to a citation which may be issued for Failure
to Respond to Notice of Infraction.
.050 NUISANCE DECLARED. In addition to the enforcement
provisions of Section 10.11.050, 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 misdemeanors within ten (10)
days.
.060 VEHICLE IMPOUND. If the registered owner fails to appear
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. 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.
.070 COSTS OF IMPOUND. The registered owner shall be
responsible for all towing and storage costs relating to impounds
of a nuisance vehicle. If the vehicle is immobilized pursuant to
this chapter, the police department shall affix to said vehicle a
notice setting forth procedures for release and directing, that in
addition to the payment of fines or posting bail, the owner shall
pay an administrative immobilization fee of $50.00 before the
vehicle may be released.
SECTION 7. Repeal. Chapter 10.20 of the Bremerton Municipal
Code is hereby repealed.
SECTION 8. Amendment. Chapter 11.10.010(5) is hereby 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:
s
(5) Defective conditions on the pa~ plantinq strip~ a~=ea
.............................. or, .................... ,
APPROVED by the City Council on the first reading this
day of ~~ , 1989.
PASSED by the City Council of the City of Bremerton this
day of ~x_~ , 1989.
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~ncil Pres~ent ~
APPROVED this d~ day of ~ , 1989.
~N~ LOBE, -Mayor'
ATTEST
:
KAT~I~EEN L. McCLUSKEY, Clerk