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Washington resulting in outdated references to these provisions in Chapters 10 10 and 10 11 of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
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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
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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