HomeMy WebLinkAbout5138 ORDINANCE NO. 5 13
AN ORDINANCE of the City Council of the City
of Bremerton, Washington, amending Section 10 04 010 of
the Bremerton Municipal Code entitled "MTO – Adoption
By Reference" and amending Chapter 1011 of the
Bremerton Municipal Code entitled "Parking
Enforcement"
WHEREAS, the City Council desires to update the provisions set forth in
Section 10 04 010 BMC and Chapter 10 11 BMC relating to parking enforcement, NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS
SECTION]. Section 10 04 010 of the Bremerton Municipal Code
entitled "MTO – Adoption by Reference" is hereby amended to read as follows
10.04.010 MTO - ADOPTION BY REFERENCE.
The "Washington Model Traffic Ordinance ", Chapter 308 -330 Washington
Administrative Code, referred to in this chapter as the "MTO ", is adopted by reference as
currently enacted and hereinafter amended as and for the traffic ordinance of the City as
if set forth in full in this chapter, except,
1) __ as -As provided in Section 10 04 020 and Section 10 04 030 and
— YF^' on street planting strips is allowed where the City
Engineer upon datten of the Par—king Bear-d, has determined an area does not
pose an unacceptable 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. Chapter 10 11 of the Bremerton Municipal Code is hereby
entitled "Parking Enforcement" is hereby amended to read as follows
Chapter 10.11
PARKING ENFORCEMENT
10.11.005 DEFINITIONS.
The definitions set forth in BMC 10 10 020 shall apply to this chapter In
addition, the following definitions are applicable in this chapter unless the context
otherwise requires
(a) "Director" means Director of Public Works or other department director
authorized by the Mayor to enforce this chapter, or their designee
(b) "Right -of -way" or "street" means any highway, avenue, lane, road, drive,
place, boulevard, alley, right -of -way, way, sidewalk, planting or parking strip, shoulder
and every way or place in the City of Bremerton open as a matter of right to public
vehicular travel or parking or other similar public use
(c) "Recreational vehicle" means a travel trailer, motor home, truck camper,
or camping trailer that is primarily designed and used as temporary living quarters, is
either self - propelled or mounted on or drawn by another vehicle, is transient and is not
immobilized or permanently affixed to a mobile home lot
(d) "Vehicle" means truck, vehicle, van, tractor, bus, trailer (including boat
trailer with or without a boat situated thereon), recreational vehicle, tractor or semi-
trailer, motorcycle, dune buggy, off -road vehicle, or marine vehicle (trailered or
nontrailered), whether licensed or unlicensed, or motorized or nonmotonzed, unless
otherwise defined
10.11.010 PARKING VIOLATIONS.
In addition to those statutes adepted by refer -e Beset forth in the Model Traffic
Ordinance as adopted 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 reparkmg is
established by official signs, no vehicle may be reparked on either side of the same
named street (i e , Pacific Avenue or 5th Street) in the downtown core during the same
calendar day after the expiration of the posted time limit For purposes of this section, a
vehicle shall be deemed to be reparked and in violation of this section even if the vehicle
is moved prior to the expiration of the posted time limit and is reparked on either side of
the same named street
(2) Residential Where posted, it is unlawful for a vehicle to remain
parked, or to be reparked within four (4) blocks of the 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
Chapter 10 10 BMC shall be exempt from 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
(3) Display any permit issued when the recipient of the permit is no
longer eligible pursuant to Chapter 10 10 BMC
(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
(e) Tampering with Parking Meters or Collection Devices No person shall
deface, inure, tamper with, open, or willfully break, destroy, or impair the usefulness of
any parking meter or collection device
(f) Unauthorized 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
property 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 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 required under this section Additionally, it is a traffic infraction pursuant to
subsection (a) of this section for any vehicle displaying the placard or special license
plate as provided for in BMC 10 10 140 and RCW 46 16 381 to violate any time
restrictions imposed on nonmetered, on- street parking places reserved for persons with
physical disabilities as well as nonreserved, on- street parking spaces
(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
(1) 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
0) 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 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, it shall be unlawful for any
person to fail to surrender a parking permit as directed
(1) Parking or Storage of Vehicles within Right -of -Way Except when
otherwise provided by right -of -way use permit or other appropriate City or State permit,
the parking or storage of vehicles shall be subject to the following parking restrictions
(1) Time Restriction Parking or storage of any vehicle in excess of
seventy -two (72) consecutive hours in a public right -of -way shall be unlawful During
continued consecutive hours of parking, after the initial seventy -two (72) hour period,
relocation of the vehicle within five hundred (500) feet, and still within a public nght -of-
way, shall be considered to be the same location within the right -of -way for purposes of
calculating the seventy -two (72) hour parking restriction
(2) Oversized Vehicles — Additional Restrictions The City Council
finds that the parking and storage of vehicles exceeding twenty -two (22) feet in length
(including any attached trailer) or with a maximum gross vehicle weight exceeding ten
thousand (10,000) pounds ('oversized vehicles ") presents unacceptable risks and hazards
to public health, safety and welfare when such vehicles are parked or stored on City
streets at times when such vehicles are not engaged in business or commercial activity
Because of these risks and hazards to public health, safety and welfare, the City Council
further finds that the parking and storage of such vehicles on City streets should be
minimized Therefore, in addition to the restrictions set forth in subsection (1)(1) of this
section, no oversized vehicle may repark in a previously parked location in excess of one
hundred twenty (120) hours within any consecutive thirty (30) day period Relocation of
i
any oversized vehicle within five hundred (500) feet and still within a public right -of -way
shall be considered a previously parked location within the right -of -way
(m) Parking Against Traffic Except when otherwise provided by City Code,
ordinance or resolution, it shall be unlawful for any vehicle to stop or park upon a right of
way unless
(1) Stopped or parked parallel (or at an angle when authorized) to the
traveled portion of the right -of -way,
(2) In the direction of authorized traffic movement of the right -of -way
immediately adjacent thereto, and
(3) Within twelve (12) inches of the curb or as close as practicable to
the edge of the shoulder
In the event of a conflict between the provisions of this subsection and RCW
46 61 575 adopted as part of the Washington Model Traffic Ordinance pursuant to
Chapter 10 04 BMC, the provisions of this subsection shall apply
(n) Parking Fee — Nonpayment 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
(o) 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
10.11.020 ENFORCEMENT PROCEDURES.
(a) The parking regulations set forth in this chapter and Chapter 10 04 BMC
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 infraction has been committed The d etermination w ill be final unless ee t es t ed
as pr-evided in BMC 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
10.11.030 PENALTIES.
Unless specifically set forth elsewhere in this title, the penalties for each parking
violation of the provisions of this chapter and Chapter 10 04 BMC, defined as an
infraction, shall be pursuant to Chapter 3 01 BMC
10.11.040 FAILURE TO APPEAR.
Any person who has been issued a notice of infraction relating to parking
pursuant to BMC 10 11 020(b) and who fails to respond as provided in BMC
'�oRCW 46 63 110, as adopted by the Model Traffic Ordinance pursuant to Chapter
10 04 BMC, 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
10.11.050 - NUISANCE DECLARED - APPEAL.
(a) In addition to the enforcement provisions of BMC 10 11040, if any
person fails to respond to three or more outstanding infractions for parking a vehicle in
violation of this title, the City Attorney shag - may mail a declaration of vehicle nuisance
to the registered and legal owners of said vehicle as shown by the records of the
Washington State Department of Licensing informing them that the cited vehicle shall be
declared a nuisance and subject to immediate impound or immobilization unless, within
ten (10) days, either the owner (1) pays the underlying infractions or (2) appeals the
declaration of vehicle nuisance
(b) Appeal of the declaration of nuisance vehicle will be heard by the Hearing
Examiner pursuant to Chapter 2 62 BMC Failure to appear at the scheduled hearing will
be deemed a waiver of any rights to contest the declaration
At the hearing, the owner shall have the burden of showing the registered owner did not
fail to respond to three or more outstanding infractions for parking
10.11.060 VEHICLE IMPOUND.
If the registered or legal owner fails to respond under BMC 10 11 050 to a
Declaration of Vehicle Nuisance, the City Police Department may impound or
immobilize said vehicle If impounded or immobilized, the vehicle shall not be released
until (1) the Police Department or towing company 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 Municipal Court
10.11.070 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 fifty dollars ($50 00) before the vehicle
may be released
10.11.080 ENFORCEMENT - EXEMPT PERIODS.
Restrictions on parking, as set forth in this chapter, shall not be effective on City
holidays set forth in BMC 102 020 or such additional days specifically exempted by
Council resolution
Enforcement in the commercial parking zones and two (2) hour residential
parking zones shall be at times posted
SECTION 3. Severabtltty 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. Effective 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 day of ' 2011
WILL MA:1 IN, ounce resident
Approved this J Ak day of , 2011
PATTY L , Mayor
ATTEST APPROVED AS TO FORM
CAROL E GEN, City C erk RO ER A LUBOVICH, City Atto ey
I
PUBLISHED the day of ' 2011
EFFECTIVE the — day of , 2011
ORDINANCE NO
R \ Legal \Legal \Ordmances\Fmance\Parkmg Enforcement doc
AFFIDAVIT OF PUBLICATION
Account #42742 AD #20109639
STATE OF WASHINGTON
COUNTY OF KITSAP
1, 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
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 February 7, 2011 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 $39 86 This amount
has not been paid in full
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of March 4, 2011
tJ1�0 Fj�''••,,
• Z 0� • 0=
Notary Public in and for the State of Washington, Kitsap County =V ; S O
J
�.• `•V �V
ORDINANCE NO 5138 ��'•, F ' , PG;�`��
1 1111111/1 1
AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 10 04 010
of the Bremerton Municipal Code entitled "MTO - Adoption By Reference" and amending Chapter 10 11
of the Bremerton Municipal Code entitled "Parking Enforcement"
PASSED by the City Council on the 2nd day of February, 2011
The full text of this ordinance 1s available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, WA 98337
February 7, 2011 Ad #20109639
i