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HomeMy WebLinkAbout5114 ORDINANCE NO. S// AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 10.10.140 and Section 10.11.010 of the Bremerton Municipal Code related to "Disabled Parking". WHEREAS, State law allows the City to provide for time limits to handicapped parking; and WHEREAS, current provisions of the Bremerton Municipal Code do not apply time limits to handicapped parking; and WHEREAS, limits are recommend to minimize abuse of disabled parking; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 10.10.140 of the Bremerton Municipal Code entitled "Disabled Parking" is hereby amended to read as follows: 10.10.140 PARKING FOR DISABLED PERSONS. r„� r„a;,,.,�:,,., ,.��,,..i�:.,,, e..,,,,o �.. n:�„t�ioa �o,.�,,,, D(`\i7 n� tit c4� , �,o..o�..> „a,,,.*oa �.., .o� ,.o,,,.o r__bL n�,.,�:,..,ii., r�:r.,�.ioa �,,.,o� n„ �+,.00+,.,,,.i�;,,,, � ,oa �,- �t,..�;,..,ii., a:�„i.ioa .. �t,.,i� �.o � ,. +:...,o .. „a� ..,,�+oa EE3 —� �rl.: ,,,..,,,:��,.1 a D .�� ,,, +� +,�o '+ori� � GRT'Gr7�� Gi"7�S3 iIIGGTTCII�. GTIGGTPGTiOr' in4� r.n«��ir.r. w.o4orc. :s.�in� n �4�nvni.ina s�on4�n+n� nn 4� 4�0 �ev��+� l.f4ime VZ � ���li�S-�3�e�e�Eep�-as-�3F6itt�, ;., D!''�i7 A�.nl1.1l1'2�ar.r.icE�iY�tlCSi�ie` "YYrT *.. +L,...,o .� �,L,:..L. �l,o �r,......:..,. .,,.L:. �+�....a:,... .,F.,11 :,ol.;..lo� ; 0 0 � r � � ,.,.L,:L.:+o.a .,1,;..1, ., >o.a � « � �l +.,..o� „�.,oL.:,.to� „L.:,.t, ., ,o.a � « �,aviiicrrcc. , ` ° ° ° � ^ ° ° ° • � ) l:..o.,�o ..l.,�o , «.ao,. Dl��il A� 1 � '241 �., l,o vl;..:L.lo F « �l,o .. .:lo.,o� , «..ao« +1,:� �o..�:,.., 11VV1CJV • . . (a) A person who has received a current and valid special disabled person's card, decal or license plate from the Washin�ton State Department of Licensin� RCW 46.16.381 shall be allowed to park a vehicle being used to transport such person in parkin� meter snaces free of char�e and in nonmetered spaces for unlimited periods of time in parkin� zones or areas which are otherwise restricted as to the length of time parkin�permitted except as otherwise provided in subsection (b) of this section. This section shall have no application to those zones or areas in which the sto�ping standin� of all vehicles is prohibited or which are reserved for special types of vehicles. Such person shall not be permitted the fore�g_nrivile�e unless the person obtains and displays a distinguishing card decal or license plate issued pursuant to RCW 46.16.381. �b) No person shall stop stand or park a vehicle in a parkin�Lpace reserved for disabled personsprovided on-street or on private property without char�e without obtaining and displa�g a special license plate, card, or decal issued pursuant to RCW 46.16.381 • provided pursuant to RCW 46.16.381 a time limitation of four hours is imposed on the use of such parking spaces for on-street parking when so si�ned and a time restriction of four hours is imposed on the use of nonreserved, on-street parkin� spaces bv vehicles displavin tg he snecial parkin�placards when such time restriction is clearl�posted. (c) A parking space or stall for a disabled person shall be identified as described in RCW 46.61.581 including fine, time limitation (if applicable), and tow-awav information. Notwithstandin� an�provision in this chapter, in accordance with RCW 46.61.581, failure of the person owning or controllin�property where required parking�paces are located to erect and maintain the sign is a Class 2 civil infraction under Chapter 7.80 RCW for each parking, space that should be so designated. The person owning or controlling the propertv where the required parking, spaces are located shall ensure that the parkin�spaces are not blocked or made inaccessible, and failure to do so is a Class 2 civil infraction. (d) No person shall make inaccessible the access aisle located next to a space reserved forphvsicallv disabled persons. �) Notwithstanding an�provision in this chapter, the citv's police department is authorized to appoint volunteers, with a limited commission, to issue notices of infractions for violations of the city's disabled parking regulations. Volunteers must be at least 21 years of age and meet such additional qualifications as established by the citv's police department. A notice of infraction issued bv a volunteer appointed under this section has the same force and effect as a notice of infraction issued b�police officers and parking enforcement officers for a violation of the city's disabled parkin�re�ulations. (�� Special Plate, Card or Decal Issued by Another Jurisdiction. RCW 46.61.583 is hereby adopted by reference. SECTION 2. Section 10.11.010 of the Bremerton Municipal Code entitled "Parking Violations" is hereby amended by amending Subsection 10.11.010( fl to read as follows: (� Unauthorized ��e�Disabled 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 properiy reserved for physically disabled persons without a placard or special license plate�� as provided for in BMC 10.10.140 and RCW 46.16.381�-a��}. 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 placard or special license plate, ��ra, �� a°^°' required under this section � c�a�. Additionallv, it is a traffic infraction pursuant to BMC 10.11.010(a for anv vehicle displavin� the placazd or special license plate as provided for in BMC 10.10.140 and RCW 46.16.381 to violate an,y time restrictions imposed on nonmetered, on street parkin�places reserved for persons with phvsical disabilities as well as nonreserved, on- street parking spaces. SECTION 3. Severabilitv. 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 4. �fective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the /U/� day of , 2010 K WOFF , Counci resident Approved this �/� day of , 2010 � PATTY L , or ATTEST: APPROVED AS TO FORM: , CARO ETG N, Cit Clerk R A. L OVI ,' � PUBLISHED the �� day of , 2010 EFFECTIVE the � day of , 2010 ORDINANCE NO. R:\Legal\Legal\Ordinances�Finance�Parking for Disabled Persons.doc AFFIDAVIT OF PUBLICATION Account #42742 AD #262174 STATE OF WASHINGTON COUNTY OF KITSAP I, Laura Wessels, 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 KITSAP 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, a weekly newspaper in 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; that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: And on June 21, 2010 such newspaper was regularly distributed to its subscribers during all of said period. The full amount of the fee charged for the foregoing publication is the sum of $38.15. This amount has not been paid in full. (Signature of Principal Clerk) Subscribed and sworn to before me this day of June 28, 2010. to* AlF Af • • • • • , O�`,I�I A r�l 1, Notary Public in and for the State of Washington, Kitsap C unty. I s • o JW 8 2012 • ` ORDINANCE NO. 5114; 0�.• • •. •�Q��p�� AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 10.10.140 and Section 10.11.010 of the Bremerton Municipal Code related to "Disabled Parking." PASSED by the City Council on the 16th day of June, 2010. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337. June 21, 2010 ........................... Ad #20102176 i