Loading...
HomeMy WebLinkAbout5174 ORDINANCE NO. 51 ? T AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Bremerton Municipal Code by amending Chapter 10 10 entitled "Restricted Parking Zones" and Chapter 1011 entitled "Parking Enforcement" correcting references to the Revised Code of Washington, updating provisions of these chapters and making other related amendments WHEREAS, legislation has been enacted to provisions of the Revised Code of Washington resulting in outdated references to these provisions in Chapters 10 10 and 10 11 of the Bremerton Municipal Code, and WHEREAS, the City Council desires to amend certain provisions of the Chapter 10 10 BMC and 10 11 BMC to correct and update these references, update certain provisions of these chapters and to make other related amendments, 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 "Parking for Disabled Persons" is hereby amended to read as follows- 10.10.140 PARKING FOR DISABLED PERSONS. (a) As authorized pursuant to RCW 46 61582 A a person who has received a current and valid special disabled person's card, decal or license plate from the Washington State Department of Licensing under RCW 46 1 6 RCW 46 19 050 shall be allowed to park a vehicle being used to transport such person in parking meter spaces free of charge and in nonmeteed spaces for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is 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 stopping, parking or standing of all vehicles is prohibited or which are reserved for special types of vehicles Such person shall not be permitted the foregoing privilege unless the person obtains and displays a distinguishing card, decal, or license plate issued pursuant to l 4 6 ' � 38r W 46 19 050 (b) No person shall stop, stand or park a vehicle in a parking space reserved for disabled persons provided on street or on private property without charge without obtaining and displaying a special license plate, card, or decal issued pursuant to RCW 46 16 RCW 46 19 050 provided, pursuant to RGW 4 1 4' RCW 46 19 050 a time limitation of four (4) hours is imposed on the use of such parking spaces for on- street parking when so signed and a time restriction of four (4) hours is imposed on the use of nonreserved, on- street parking spaces by vehicles displaying the special parking placards when such time restriction is clearly posted (c) A parking space or stall for a disabled person shall be identified as described in RCW 46 61581, including fine, time limitation (if applicable), and tow -away information Notwithstanding any provision in this chapter, in accordance with RCW 46 615 8 1, failure of the 1 Parking Code - Updates person owning or controlling the property where required parking spaces 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 property where the required parking spaces are located shall ensure that the parking 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 for physically disabled persons (e) Notwithstanding any provision in this chapter, the City'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 twenty -one (2 1) years of age and meet such additional qualifications as established by the City's Police Department A notice of infraction issued by a volunteer appointed under this section has the same force and effect as a notice of infraction issued by police officers and parking enforcement officers for a violation of the City's disabled parking regulations (f) 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 to read as follows 10.11.010 PARKING VIOLATIONS. In addition to those statutes set 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 reparking 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 2 Parking Code - Updates 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 v GW 46 16 3 41 RCW 46 19 050 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 ' 4 '241 RCW 46.19 050 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 (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 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 right -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 3 Parking Code - Updates Relocation of 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 SECTION3. Section 10 11 050 of the Bremerton Municipal Code entitled "Nuisance Declared - Appeal" is hereby amended to read as follows 10.11.050 NUISANCE DECLARED — APPEAL - ENFORCEMENT (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 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 (c) If the registered or legal owner fails to respond under BMC 10 11 050 to a Declaration of Vehicle Nuisance, the City Police Department or their designee gy impound or immobilize said vehicle If impounded or immobilized, the vehicle shall not be released until (1) the Police Department, or their designee, 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 4 Parking Code - Updates SECTION 4. Section 10 11 060 of the Bremerton Municipal Code entitled "Vehicle Impound" is hereby amended to read as follows 10.11.060 VEHICLE 04POUNDOTHER ENFORCEMENT if th a + a 1 o 1 vffie uri respond 'mi�BN4C 10 11 t n 1 or- Vehiele 1 inVounded or- 7 and enmes b a , sto M r a thevehiele have been paid or- other-wise r-eselved, or- (2) the eA%er- pests ball mqth the depaAment in an ameunA set by the Muntelpal Couft In addition to those penalties established pursuant to Title 10 of the Bremerton Municipal Code a vehicle in violation of an of f the parking regulations established herein may be impounded by a registered tow truck operator at the direction of a law enforcement officer pursuant to those requirements established in WAC 308 - 330 -406 and other related sections of the Model Traffic Ordinance as adopted by Chapter 10 04 of the Bremerton Municipal Code Such impound shall occur upon receipt of a signed authorization for the impound provided by the officer at the time and place of the impound SECTION S. Severabzhty 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 6. 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 A 4:51— day of ��C�1 law , 2011 WILL MAUPIN, Co it President Approved this ;?;z 'ma of (iCi�G�' , 2011 I� PATTY LE ayor ATTEST APPROVED AS TO FORM SH ON COR1N, Interim City Clerk AR GER A LUBOVICH, City Atto y 5 Parking Code - Updates PUBLISHED the day of �)jee tuber 9 2011 EFFECTIVE the da of 2012 ORDINANCE NO R \Legal \Legal \Ordinances \legal\Park ►ng Code Updates -2011 - Final doc 6 Parking Code - Updates AFFIDAVIT OF PUBLICATION Account #42742 AD #279274 STATE OF WASHINGTON COUNTY OF KITSAP I, Jessica Zuehl - Miller, being first duly sworn on oath, deposes and says That she is now, and at all times embraced in the publication herem 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 December 31, 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 $4156 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of January 9, 2011 CASSANDRA A CAPAS Notary Public in and for the State of Washington, Kitsap County Notary Public State of Washington My Commission Expires February 04, 2014 ORDINANCE NO 5174 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Bremerton Municipal Code by amending Chapter 10 10 entitled "Restricted Parking Zones" and Chapter 10 11 entitled "Parking Enforcement" correcting references to the Revised Code of Washington, updating provisions of these chapters and making PASSED by the City Council on the 21st day of December, 2011 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 December 31, 2011 AD #20120913