HomeMy WebLinkAbout4865 ORDINANCE NO. ffT/~ ~ ~
AN ORDINANCE of' the City Council of the City of
]3remerton, Washington, repealing Chapters 10.08 and 10.09 of the
Bremerton Municipal Code; repealing and replacing Chapter 10.10
of the Bremerton Municipal Code; amending Chapter 10.11 of the
]3remerton Municipal Code all relating parking and enforcement
within the City of' ]3remerton; and further amending Rate Table ]3
of Chapter 3.01 to update the rates relating to parking within the
City of Bremerton.
WHEREAS, the current provisions of Chapters 10.08, 10.09 10.10, and 10.11 of
the Bremerton Municipal Code relating to parking and enforcement within the City of Bremerton
are insufficiently flexible to deal with the various parking problems that affect the various areas
throughout the City; and
WHEREAS, the City Council finds that there are areas of the City of Bremerton
that suffer a disproportionate impact from commuter parking that is not adequately addressed by
the Current provisions of Chapters 10.08, 10.09 10.10, and 10.11 of the Bremerton Municipal
Code relating to parking and enforcement; and
WHEREAS, the City Council finds that there are areas of`the City which can be
immediately identified as having such severe parking problems that allowing for parking by
permit only should be immediately allowed (see Historically Impacted Areas on Appendix
Figure 060); and
WHEREAS, the City Council desires to repeal and replace and amend the
provisions relating to parking in the City of Bremerton and enforcement in order to provide the
residents of the City with more control over the methods used to deal with parking problems
afflicting their neighborhoods; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION1. Chapter 10.08 of the Bremerton Municipal Code entitled "Parking
Zones" is hereby repealed in its entirety.
SECTION2. Chapter 10.09 of the Bremerton Municipal Code entitled
"Residential Parking Permits" is hereby repealed in its entirety.
SECTION3. Chapter 10.10 of the Bremerton Municipal Code entitled
"Handicapped Parking" is hereby repealed in its entirety and a new Chapter 10.10 entitled
"Restricted Parking Zones" is hereby created to read as follows:
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Restricted Parking Zones
Chapter 10.10
RESTRICTED PARKING ZONES
10.10.010 PURPOSE.
This Chapter is intended to mitigate the impact of commuter parking in impacted areas,
to preserve the character ofresidentiai districts, to improve handicapped access and reduce
traffic. Residential parking permits are established as an exemption to posted restrictions in
restricted parking zones where neighborhoods have been impacted by commuter parking and are
meant to ease parking congestion.
10.10.020 DEFINITIONS.
For the propose of this chapter, thc words and phrases set forth in this section are defined
as follows:
(a) "Block" means the area comprised of properties along each side of a street
between two intersections. [See Appendix Figure 020]
(b) "Commuter vehicle" means a motor vehicle parked in a residential area by a
person not a resident thereof.
(c) "Department" means Department of Public Works and Utilities, or designee.
(d) "Director" means Director of Public Works and Utilities, or designee.
(e) "Downtown no re-park zone" means a vicinity where the following restrictions
apply:
1) On-street parking is restricted to either one (1) or two (2) hours, and
2) vehicles may not be moved from one parking space to another parking
space within the zone in order to extend parking time beyond the maximum for the zone.
(f) "Historically Impacted Areas" are those areas within the City that have been
identified by the City Council as having traditionally suffered severe parking shortages due to
commuter parking.
(g) "One (1) hour parking zone" means a prescribed residential area where on-street
parking is limited to one (1) hour, except for the residents of the prescribed vicinity, their visitors
holding a permit, and clearly marked delivery and service vehicles.
(h) "Parking Generator" means anything that significantly increases commuter
parking demand. Examples include, but are not limited to: Ferry terminal, schools, hospitals,
business districts, and the Puget Sound Naval Shipyard.
(i) "Passenger load only zone" means a parking space reserved for passenger loading
only. These spaces will be marked with the time restriction applicable to them.
(j) "Peak parking hours" means those hours in a day where a particular vicinity
experiences the greatest demand for parking.
(k) "Resident" as used in this chapter refers to an individual living in a dwelling unit
or a business owner operating a business on property owned or leased by the business owner.
(1) "Resident vehicle" means a motor vehicle parked in a prescribed residential area
by a resident of the area.
(m) "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.
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Restricted Parking Zones
(n) "Permit only zone" means a prescribed area where on-street parking is reserved
for the exclusive use of the permit holders in the prescribed vicinity, their visitors holding a
permit, and clearly marked delivery and service vehicles.
(o) "Restricted parking permit" means a permit issued by the City that exempts the
permit holder, when displayed properly, from the parking restrictions in effect in the permit
holder's Restricted parking permit area.
(p) "Restricted parking permit area" or "Residential parking permit area" means an
area designated as provided in this chapter wherein resident vehicles displaying a valid permit as
described in this chapter shall be exempt from posted parking restrictions.
(q) "Restricted Parking Zone" means an area of the City subject to one of the
restrictions contained in this chapter.
(r) "Two (2) hour parking zone" means a prescribed area where on-street parking is
limited to two (2) hours, except for the residents of the prescribed vicinity, their visitors holding
a permit, and clearly marked delivery and service vehicles.
(s) "Visitor vehicle" means a motor vehicle parked by a person who is visiting a
resident within a restricted parking permit area.
10.10.030 RESTRICTED PARKING ZONES.
The Director shall, in a manner consistent with this chapter, establish, locate and post
various restricted parking zones within the City rights-of-way where required to regulate
parking.
10.10.040 PARKING ADMINISTRATION.
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, which shall promulgate procedures to administer permits as authorized in this chapter,
including processes for establishing proof of residency; vehicle ownership, use or control; and
for the revocation of permits for misuse. Appropriate parking fee schedules and permit fees shall
be set by the City Council and are set forth in Chapter 3.01. Fees may be collected by the use of
parking meters, pay boxes or other devices and through the issuance of parking permits
authorized by this title.
10.10.050 RESTRICTED PARKING ZONE DESIGNATION - PROCESS.
(a) Creation, deletion or boundary changes of restricted parking zones may be
initiated either:
(1) By a verified petition of the residents as provided for in BMC 10.10.060
or BMC 10.10.070; or
(2) By the decision of the Director following a finding that the change is in
the best interest of the community and will improve the health, safety or welfare of the
community; or
(3) By resolution of the City Council.
(b) Right to Appeal. The right to appeal a creation, deletion or boundary change
exists only when such creation, deletion or boundary change was completed under BMC
10.10.050 (a) (1) or under BMC 10.10.050 (a) (2) when the change is to a Two (2) hour parking
zone, One (1) hour parking zone or a Permit only zone. If such creation, deletion or boundary
change is subject to appeal, the City Clerk shall post notice in the particular residential area
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Restricted Parking Zones
advising the residents of the future location and boundaries of the residential parking area and of
the right to appeal the designation within ten (10) days. A timely appeal to the Hearings
Examiner, filed with the City Clerk, by a resident or business owner within the designated permit
area will stay the action until the Heatings Examiner's review and decision in accordance with
BMC Chapter 2.13. The Hearing Examiner shall be authorized to deny the creation, deletion or
boundary change if he/she determines that significant errors were made in the process that
created a substantial likelihood that the creation, deletion or boundary change would have failed
had proper procedures been followed or if he/she determines that the creation, deletion or
boundary change is not in the best interest of the community. The change shall be enforceable
following the expiration of the appeal period or at such time as any appeal filed is denied. Until
such time, the parking restriction previously in place, if any, shall continue.
(c) Posting.
(1) If the creation, deletion or boundary change is subject to appeal under
BMC 10.10.050 (b), the creation, deletion or boundary change shall become effective at such
time as notice is posted in the effected area of the location and boundaries of the restricted
parking area, and either:
(i) The ten (10) day appeal period has expired without an appeal being
filed, or:
(ii) At such time as a decision of the Hearing Examiner is issued on an
appeal filed under BMC 10.10.050 (b).
(2) If the creation, deletion or boundary change is not subject to appeal under
BMC 10.10.050(b), the creation, deletion or boundary change shall become effective upon
posting notice in the particular residential area of the location and boundaries of the residential
parking area.
10.10.060 RESTRICTED PARKING ZONE PETITIONS IN NON-
HISTORICALLY IMPACTED AREAS
Residents may seek to create, delete or change the boundary ora restricted parking area
by petitioning in accordance with the process delineated in this section. The process and
prerequisites for such modification depend on the type of restriction being sought (Two (2) Hour
Zone, One (1) Hour Zone, or Resident Only Zone). Residents may not seek to create, delete or
change the boundary of a restricted parking area for a period of one year following a successful
petition. [The Historically Impacted Areas and Non-historically impacted Areas are shown on
the map, See Appendix Figure 060.]
(a) Two (2) Hour Zone If the residents of a block wish to have their area restricted to
Two (2) Hour Parking, they must:
(1) Submit a verified petition of at least two-thirds of the residents of the
block indicating support for the change to a Two (2) Hour Zone; and
(2) The Director must make a finding that:
(i) There is an identifiable parking generator;
(ii) It appears that 75% or more of the parking spaces located on the
petitioning block are being used at peak parking hours; and
(iii) The conditions described in (i) and (ii) exists on a least Three (3)
contiguous blocks.
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Restricted Parking Zones
(b) One (1) Hour Zone If the residents of a block wish to have their area restricted to
One (1) hour parking, they must:
(1) Submit a verified petition of at least two-thirds of the residents of the
block indicating support for the change to a One (1) Hour Zone; and
(2) Show evidence that the affected block has been restricted to Two (2) hour
parking or Permit Only Parking for at least the last 12 months.
(c) Permit Only Zone If the residents of a block wish to have their block restricted to
Permit only parking, they must:
(1) Submit a verified petition of at least Eighty percent (80%) of the residents
of the block indicating support for the change to a Permit only zone; and
(2) Show evidence that the affected block has been restricted to One (1) hour
parking or Two (2) hour parking for at least 24 combined months, however the 12 months
immediately preceding the submission of the petition must have been spent as a One (1) hour
parking zone.
(3) Show evidence that the affected block has been given one of the following
zoning designations: SF-1, SF-2, SF-3, DR, MF, CBR, or MR.
(4) Pay the City, in accordance with BMC 3.01, Rate Table B, for a parking
capacity survey to be conducted to determine if the petition area is disproportionately impacted
by non-resident parking. The Director is authorized to set the criteria for this determination.
Such criteria must be based on the percentage of parking spaces occupied at peak parking hours
and on the percentage of occupied spaces, at peak parking hours, that are occupied by non-
residents.
(i) If the results of the Survey conclude that the petition area is
disproportionably impacted by non-resident parking, then the Director of Public Works shall
designate the petition area a Permit Only Zone and the designation shall become effective
following the appeal period and upon posting as provided for in BMC Section 10.10.050.
(ii) If the results of the Survey conclude that the petition area is not
disproportionably impacted by non-resident parking, then the petition shall fail and the residents
shall not be entitled to submit a new petition for a period of One (1) year.
10.10.070 RESTRICTED PARKING ZONE PETITIONS IN HISTORICALLY
IMPACTED AREAS
The residents of a Historically Impacted Area may have their area restricted to either Two
(2) hour parking, One (1) hour parking or Permit Only parking by submitting a verified petition
of at least two-thirds of the residents of the block indicating support for the change to either Two
(2) hour parking, One (1) Hour parking or to Permit Only parking respectively. No other steps
are necessary. The change shall become effective following the appeal per/od and posting as
required under BMC Section 10.10.050. Residents of the affected area may only petition for a
change once every 12 months. [The Historically Impacted Areas and Non-historically impacted
Areas are shown on the map, See Appendix Figure 060.]
10.10.080 ELIGIBILITY CRITERIA FOR PERMIT.
Residential parking permits may be issued for motor vehicles not in excess of ten
thousand pounds only upon application of the following persons:
(a) A legal resident of the restricted 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.
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Restricted Parking Zones
(b) A person who owns or leases commercial property and actively engages in
business activity within a restricted parking permit area.
There shall be a limit of two (2) residential parking permits issued per dwelling unit /
business location, unless parking availability allows a greater number not to exceed four (4)
permits per dwelling unit as determined by the Director in his or her sole discretion.
10.10.090 PERMIT - ISSUANCE - DISPLAY.
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. Permits shall
be displayed so as to be clearly visible through the rear window of the vehicle on the left side
thereof. A residential parking permit shall not guarantee or reserve to the holder thereof an on-
street parking space within the designated residential parking area.
10.10.100 PERMIT - RENEWAL - DURATION.
Each resident parking permit issued shall be valid for the remainder of the calendar year
of issuance plus two calendar years. Except resident parking permits issued in the year 2003,
which shall expire on December 30, 2006. Permits may be renewed upon expiration.
10.10.110 PERMIT - VISITOR.
Visitor parking permits are authorized for residents of a residential parking permit area
for bona fide transient use. No dwelling trait or place of business located in a restricted parking
permit area shall be issued more than one visitor permit. It shall be the responsibility of the
resident to control the use of the permit. Bona fide transient uses include: visiting guests,
babysitters, repair persons and other similar visitors. The following is prohibited:
(a) Parking in excess of seven (7) days within any thirty (30) day period unless
approved administratively prior to such use; or
(b) Parking more than one block fi.om the permitted residence.
10.10.120 PERMIT - LANDLORD.
Landlords can qualify for a Two (2) month visitor permit for building improvements if
the residence is vacant. Upon request a One (1) month extension will be granted. Any extension
beyond the automatic one month extension must be accompanied by a detailed timeline for
completing the building improvement as well as any required permits fi.om the Department of
Community Development.
10.10.130 SERVICE VEHICLES.
(a) Clearly marked service or delivery vehicles are exempt fi.om the time zone
requirements while providing service or making deliveries to dwellings within a restricted
parking permit area. Service vehicles shall comply with time limits for parking in commercial
zones.
(b) Individuals working in a home service industry (Home health care, etc.) may
apply for an occupational permit to park in a restricted parking permit area. The City may
require proof of ongoing continuous work as a condition to maintain a valid permit.
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Restricted Parking Zones
10.10.140 DISABLED PARKING.
(a) Indication o£ parking space for disabled person. RCW 46.61.581 is hereby adopted by
reference.
(b) Physically disabled zones. On-street parking spaces reserved for physically
disabled persons shall be for time periods posted.
(c) 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 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, which are reserved for special types
of vehicles, or which are reserved for physically disabled persons. 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.
(d) Special plate, card or decal issued by another jurisdiction. RCW 46.61.583 is
hereby adopted by reference.
SECTION 4. Section 10.11.010 of the Bremerton Municipal Code entitled
"Additional Violations" relating to parking enforcement is hereby amended to read as follows:
10.11.010 ADDITIONAL VIOLATIONS.
In addition to those statutes adopted by reference in BMC 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) Parking in Time Limit and No Repark Zones.
(1) Downtown Core - Where a time limit and no repark is established by official
signs, no vehicle may be reparked on either side of the same street in order to extend the vehicle's
parking time beyond the time limits established. For purposes of this section, a vehicle shall be
deemed to be reparked and in violation of this section despite any movement of the vehicle unless the
vehicle is moved to another street with a different street name than the street the vehicle was originally
parked upon.
(2) Residential - Where posted, it is unlawful for a vehicle to remain parked, or to
be reparked within four blocks of original parking location within a residential parking permit area, if
the parking time or combined parking time for the vehicle exceeds the time limitations of the parking
zone. Vehicles issued permits under BMC Chapter 10.09 and 10.10 shall be exempt fi.om posted time
limits according to the terms of the permit.
(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:
(1) Lend, sell or assign said permit to another;
(2) Display any permit issued to another; or
O) Display any pennit issued when the recipient of the permit is no longer
eligible pursuant to BMC Chapter 10.10!9.99.050.
(d) Counterfeit tokens, permits or script. It is unlawful to manufacture, use or possess any
counterfeit of an official token, parking permit or script distributed by the City for use in any fee
collection device.
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Restricted Parking Zones
(e) Tampering With Parking Meters or Collection Devices. No person shall deface, injure,
tamper with, open, or willfully 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 place, 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 fight-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 propose of recording parking time.
(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 Services 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)
consecutive hours, of non-motorized conveyances or motor vehicles in a public right-of-way shall be
unlawful without a right-of-way use permit. During continued consecutive hours of parking, after the
initial seventy-two (72) hour period, relocation of the conveyance or motor vehicle within five
hundred (500) feet, and still within a public right-of-way, shall be considered to be the same location
within the right-of-way. Motor vehicles or non-motorized conveyances exceeding ten thousand
pounds (10,000 lbs.) gross vehicle weight or twenty-two (22) feet in length, may not repark in excess
of one hundred twenty (120) hours within any consecutive thirty (30) day period.
(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.
(o) Unauthorized Use of Recreational Vehicle. It is unlawful for any person to use a
recreational vehicle as defined in the Bremerton Zoning Code, for habitation on any street, alley or
highway, or other public place that is not officially designated for that use. Violation of this section
shall constitute a civil infraction. Habitation shall mean occupation of the vehicle for 4 hours or more
between the hours of 7:00 p.m. and 7:00 a.m.
8
Restricted Parking Zones
SECTIONS. Rate Table B of Chapter 3.01 of the Bremerton Municipal Code
entitled "Municipal Court - Rate Table B" is hereby amended to read as set forth in Exhibit A of
this Ordinance.
SECTION 6. Severabilit¥. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 7. Effective Date. This ordinance shall take effect and be in force ten
(I0) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the_/_~.,~:Lc- day of ~ ,2003
PASSED by the City Council the~ day of ~lg.~t~ ,2003
CAROL ARENDS, Council President
Approved this ~ dayof ~ ,, 2~
CARY BOZEMAN, Mayor
ATTEST: ~ ,. APPROVED AS TO FORM:
PUBLISHED the~9.~O~12 day of ~ ,2003
EFFECTIVE the ~ day of ,~n°~-~,~,,~ ,2003
ORDINANCE NO. ~.~g~
RALEGAL\O~dinanccs~Administration~R.~sU-icted Parking Zoncsl.doc
9
Restricted Parking Zones
Appendix Figure 020
One Block
MUNICIPAL COURT - RATE TABLE B
All Rates Listed Are "Not To Exceed" Fees
Municipal Court 2003 RATE
HEARING EXAMINER APPEAL $65
PARKING FINES
Overtime or Non-Payment in Collection Devices:
1st Violation in 30 Days $4725
2"d Violation in 30 Days $2732
3~d Violation in 30 Days $56
Loading Zones $17
No Parking $22d5
Wrong Way $1745
Parked on Sidewalk $56
Fire Hydrant $27~,5
12" From Curb $10
Physically Disabled (Public and Private) $250
Counterfeiting or User of Counterfeit Permits, $500
Tokens or Script
Unauthorized Use of Permits $150
All Other Infractions Not Specified Above $27
Replacement of parkin,q permit $10
Blocked Driveway $45
Expired Tabs $45
30 Foot to Stop Siqn $45
Double Parked $45
No Stoppinq/No Standing $45
Parking Capacity Survey ~;250
Table B - B12 EXHIBIT A
AFFIDAVIT OF PUBLICATION
No. Ad # 100071215
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Robin Alexander, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE
SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the
County of Kitsap, in which County it is published and is now and has been for more than six months prior
to the date of the publication hereinafter referred to, published in the English language continually as a
daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was
printed in an office maintained in the aforesaid place of publication of said newspaper; August 26, 2003
and that such newspaper was.re~}}~arly distributed to its subscribers daring all of said period. That the full
amount oftbe fee cht~'~l~'~l~ging publication is the sum of $41.03 which amount has not been
· - xx~ ~ ~ ~-~
paid m full. ....xx ? x?~_ ,¢
~ ¥...' ....... . O 't
= ~ :.Exp. 05-04-0 .: 2: ~
~ ~, '.... ,~OB~,\C .::~,0 ~ (Sienature of Principal Clerk)
~. ,~ .. ..,- .....
Subscribed and sw~la~ t~'l;~lh~se, me'l~ai~"~of September 4, 2003.
Notary Public in and for the State of Washington, Kitsap ~oanty.
ORDINANCE NO. 4865'
AN ORDINANCE of the City Council of the City of Bremer~on, Washington, repealing Chapters 10.08
and 10.09 of the Bremerton Municipal Code; repealing and replacing Chapter 10.10 of the Bremerton
Municipal Code; amending Chapter 10.11 of the Bremerton Municipal Code all relating parking and
enforcement withi~ the City of Bremerton; and further amending Rate Table B of Chapter 3.01 to update
the rates relating to parking within the City of Bremerton.-
APPROVED by the City Council the 13th day of August, 2003.-
PASSED by the City Council the 20th day of August, 2003.-
The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Brerecrton, WA
98337.-
August 26, 2003°°#100071215-