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HomeMy WebLinkAbout5206 ORDINANCE NO. 5206 AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Chapter 10 10 BMC of the Bremerton Municipal Code entitled "Restricted Parking Zones" and Chapter 10 11 BMC of the Bremerton Municipal Code entitled "Parking Enforcement ", adopting a new chapter, Chapter 10 10 of the Bremerton Municipal Code entitled "Parking Code ", amending Chapter 11 10 of the Bremerton Municipal Code relating to decommissioning and recommissioning of driveways and making other related changes WHEREAS, the City Council desires to repeal its existing parking code set forth in Chapters 10 10 and 10 11 of the Bremerton Municipal Code and adopt a new parking code relating to parking restrictions for vehicles including recreational vehicles, boats or vessels, or trailers, and WHEREAS, the City Council desires to add language to Chapter 11 10 of the Bremerton Municipal Code currently set forth in Chapter 10 10 of the of the Bremerton Municipal Code relating to decommissioning and recommissioning of driveways, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION]. Chapter 10 10 of the Bremerton Municipal Code entitled "Restricted Parking Zones" and Chapter 10 11 of the Bremerton Municipal Code entitled "Parking Enforcement" are hereby repealed in their entirety SECTION 2. A new chapter, Chapter 10 10 of the Bremerton Municipal Code entitled "Parking Code" is hereby adopted to read as follows Chapter 10.10 PARKING CODE 10.10.010 DEFINITIONS. For the purpose of this chapter, the words and phrases set forth in this section are defined as follows "Boat or Vessel" means every description of watercraft used or capable of being used as a means of transportation on the water including marine vehicle (trailered or nontrailered) "Block" means the area comprised of properties along each side of a street between two (2) intersections or an intersection and a road end "BMC" means Bremerton Municipal Code "City Parking Facility" means City owned or controlled parking facility, including parking garages and parking lots, whether paid or unpaid parking 1 Parking Code - Chapter 10.10 BMC "Department" means the Department of Financial Services, unless another department is referenced "Director" means Director of Financial Services or other department director authorized by the Mayor to enforce this chapter, or their designee, including, but not limited to, parking enforcement officer, unless another director is referenced "Downtown core" means that area in downtown Bremerton from and including Warren Avenue east to the waterfront and from and including 6th Street south to the waterfront and the Puget Sound Naval Shipyard "Motor vehicle" means any self - propelled vehicle such as a car, truck, van, motorcycle, or any other similar self - propelled vehicle "Paid parking zone" means the street, or part thereof, within the City where parking spaces are restricted to paid parking "Parking generator" means anything that significantly increases commuter parking demand Examples include, but are not limited to ferry terminals, schools, hospitals, business districts, and military installations "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 zone "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 "Peak parking hours" means those hours in a day where a particular vicinity experiences the greatest demand for parking "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 and their visitors holding a permit "RCW" means Revised Code of Washington "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 and further includes a dune buggy or off -road vehicle (trailered or nontrailered) "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 "Resident vehicle" means a motor vehicle parked in a prescribed residential area by a resident of the area "Residential area" means a contiguous area containing public rights -of -way or parts thereof primarily abutted by residential property or residential use "Restricted parking zone" means an area of the City subject to parking restrictions including time limits or other restrictions contained in this chapter including paid parking zones, passenger load only zones and other restricted parking areas or spaces both in residential and nonresidential areas "Residential restricted parking zone" means a restricted parking zone in a residential area "Street" means any right -of -way, highway, avenue, lane, road, drive, place, boulevard, alley, 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 2 Parking Code - Chapter 10.10 BMC "Trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a hitch or other connector, and ordinarily used for transporting items upon public rights -of -way "Vehicle" means motor vehicle, car, truck, vehicle, van, tractor, bus, trailer (including boat trailer with or without a boat situated thereon), recreational vehicle, tractor or semi - trailer, motorcycle or boat or vessel (trailered or nontrailered), whether licensed or unlicensed, or motorized or nonmotorized, unless otherwise defined "Visitor vehicle" means a motor vehicle parked by a person who is visiting a resident within a residential restricted parking zone 10.10.020 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 Financial 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, permit fees and related services as well as fines and penalties for violations shall be set by the City Council and are set forth in Chapter 3 01 BMC 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 chapter The Director shall, in a manner consistent with this chapter, establish, locate and post parking restrictions within the City rights -of -way where required to regulate parking 10.10.030 NONRESIDENTIAL RESTRICTED PARKING ZONES. The creation, deletion or boundary changes of restricted parking zones as defined in BMC 10 10 010 above in nonresidential areas may be initiated either (1) By the decision of the Director following a finding by the Director of Public Works & Utilities, or designee, that the change is in the best interest of the community and will improve the health, safety or welfare of the community, or (2) By motion, resolution or ordinance of the City Council as deemed appropriate 10.10.040 RESIDENTIAL RESTRICTED PARKING ZONES. (a) Creation The creation, deletion or boundary changes or time change of residential restricted parking zones as defined in BMC 10 10.010 above may be initiated either (1) By a venfied petition of property owners as provided for in Subsection (b) below for either a one (1), two (2), three (3), or four (4) hour parking restriction time period , or (2) By the decision of the Director following a finding by the Director of Public Works & Utilities, or designee, 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 motion, resolution or ordinance of the City Council as deemed appropriate The City Council may, at any time, create a residential restricted parking zone or it may delete or change the boundary of a residential restricted parking zone created pursuant to Subsections (a)(1) and (a)(2) above (b) Petitions Property owners in a residential area as defined in BMC 10 10 010 above may seek to create, delete or change the boundary of a residential restricted parking zone or to change a parking restriction time period to a new parking restriction time period that is authorized in subsection (a)(1) above by submitting a verified petition of at least two - thirds (2/3) 3 Parking Code - Chapter 10.10 BMC of the property owners of each parcel of property located within the block indicating support for the change Upon submittal of a verified petition, the Director of Public Works & Utilities must make a finding that (1) There is an identifiable parking generator, (2) It appears that seventy -five percent (75 %) or more of the parking spaces located on the petitioning block are being used at peak parking hours, (3) The conditions described in subsections (b)(1) and (b)(2) of this subsection exist on at least three (3) contiguous blocks, (4) Whether the proposed parking restriction time period is appropriate, and (5) The parking restriction time period being changed has been in effect for at least one year (c) Appeal Appeals relating to the creation, deletion, boundary change or change of a parking restriction time period to a new parking restriction time period of a residential restricted parking zone may be made by a property owner within the designated permit area to the Municipal Court Hearing Examiner pursuant to BMC 10 10 140 below The right to appeal exists only when such creation, deletion, boundary change or time change was completed under Subsections (a)(1) above by a verified petition or (a)(2) above by a Director's decision If such creation, deletion, boundary change or time change is subject to appeal, the City Clerk shall post notice in the particular residential area of the future location and boundaries of the proposed residential restricted parking zone and of the right of the property owner to appeal the designation within seven (7) working days A timely appeal will stay the action until the Municipal Court Hearing Examiner's review and decision The Hearing Examiner shall be authorized to deny the creation, deletion, boundary change or time change if he /she determines that significant errors were made in the process that created a substantial likelihood that the creation, deletion, boundary or time 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 (d) Posting (1) If the creation, deletion, boundary change or time change is subject to appeal under Subsection (c) of this section, the creation, deletion, boundary change or time change shall become effective at such time as notice is posted in the affected area of the location and boundaries of the residential restricted parking zone, and either (i) The seven (7) working 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 subsection (b) of this section (2) If the creation, deletion, boundary change or time change is not subject to appeal under Subsection (c) of this section, the creation, deletion, boundary change or time change shall become effective upon posting of applicable parking restriction signage in the residential restricted parking zone (e) Permit Only Zone Effective April 1, 2013, permit only zones cannot be created nor can their boundaries be changed by petition Permit only zones in effect on January 1, 2013 are grandfathered and may remain in effect or be deleted by petition The City Council may, at any time, create, delete or change the boundary of a permit only zone 4 Parking Code - Chapter 10.10 BMC 10.10.050 PARKING PERMITS. (a) Residential Parking Permits Residential parking permits may be issued to park in a residential restricted parking zone for motor vehicles not exceeding twenty -two (22) feet in length or having a maximum gross vehicle weight in excess of ten thousand (10,000) pounds only upon application of the following persons (1) A legal resident of the residential restricted parking zone who has a motor vehicle registered in his or her name, or who has a motor vehicle for his exclusive use and under his control (2) A person who owns or leases commercial property and actively engages in business activity within a residential restricted parking zone Permits will be issued for one (1) year terms and be renewed upon expiration conditioned upon meeting the residency requirements for a permit 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 (b) Visitor Parking Permits Visitor parking permits are authorized for residents of a residential restricted parking zone for bona fide transient use for visitors to the residence No dwelling unit or place of business located in a residential restricted parking zone shall be issued more than one (1) 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 (1) Parking in excess of seven (7) days within any thirty (30) day period unless approved administratively prior to such use, or (2) Parking more than one (1) block from the permitted residence, or (3) Use of visitor permits by residents for the residents vehicles Visitor permits shall only be used for visitor vehicles (c) Service Parking Permits Service parking permits may be issued, on a short term temporary basis, for parking of vehicles on a street for a period of time exceeding a parking restriction time period established in Section 10 10 030 and Section 10 10 040(a) above when necessary Service parking permits may be issued to landlords or their contractors for building improvements, individuals working in a home service industry (home health care, etc ), or for other short term use for the providing of services to a residence or to a business in a residential restricted parking zone or a nonresidential restricted parking zone Service parking permits, and any extensions thereto, shall be issued for a period not to exceed thirty (30) days unless the Director determines that a longer period is warranted The City may require proof of ongoing continuous work and of a City business or landlord license, as applicable, as a condition to maintaining or extending a valid permit (d) Display Parking permits shall state thereon the particular restricted parking zone, 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 or the front windshield on the left side when necessary A parking permit shall not guarantee or reserve to the holder thereof an on- street parking space within the designated residential parking area (e) The Director may establish policies for the issuance of parking permits Parking permits may be issued throughout different times of the year based on zones or other criteria (f) Permits issued pursuant to this section are not subject to the parking restriction time periods such as one (1), two (2), three (3), or four (4) hour parking set forth in Section 5 Parking Code - Chapter 10.10 BMC 10 10 030 and Section 10 10 040(a) above, however, they are subject to the five (5) day parking restriction set forth in Section 10 10 070(b)(1) below unless otherwise permitted with a temporary parking permit pursuant to Section 10 10 070(b)(4) below 10.10.060 PARKING FOR DISABLED PERSONS. (a) As authorized pursuant to RCW 46 61582, 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 19 050 shall be allowed to park a vehicle being used to transport such person in parking meter spaces free of charge and in nonmetered 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 RCW 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 19 050, provided, pursuant to 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 46 615 8 1, 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 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) Special Plate, Card or Decal Issued by another Jurisdiction RCW 46 61 583 is hereby adopted by reference 10.10.070 PARKING VIOLATIONS. In addition to those statutes set forth in the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10 04 BMC 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 repacking 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 6 Parking Code - Chapter 10.10 BMC (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 restricted parking zone, 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, however, they will not be exempt from the time restrictions set forth in Subsections (b)(1), (b)(2) and (b)(3) below (b) Parking or Storage of Vehicles within Street Except when otherwise provided by Subsection (b)(4) below, the parking or storage of vehicles within any street shall be subject to the following parking restrictions in addition to other parking restrictions set forth in this chapter (1) Time Restriction — No Rep ark The parking or storage of any vehicle in the same parking location on a street in excess of five (5) consecutive calendar days without movement shall be unlawful If any time after the initial five (5) consecutive calendar day period the vehicle is still parked in the same location on the street in violation of the five (5) day parking restriction and is then reparked on the street within the same block for any period of time up to twenty four (24) hours, it shall be considered to be parked in the same location within the street and therefore still in violation of the five (5) day parking restriction (2) Recreational Vehicles, Boats or Vessels, and Trailers — Additional Restrictions No person shall park any recreational vehicle, boat or vessel, or trailer, as defined in Section 10 10 010, above on any street for longer than twenty -four (24) hours, unless such activity is authorized pursuant to a temporary permit pursuant to subsection (b)(4) below (3) Oversized Vehicles — Additional Restrictions The City Council finds that the parking and storage of commercial trucks, vans, tractor trailers, and semi - trailers, or combination thereof, exceeding twenty -two (22) feet in length (including any attached trailer) or with a maximum gross vehicle weight exceeding ten thousand (10,000) pounds presents unacceptable risks and hazards to public health, safety, and welfare when such vehicles are parked or stored on any street at times when such vehicles are not engaged in business or commercial activity Accordingly, no commercial truck, vehicle, van, trailer, or semi - trailer, or combination thereof exceeding twenty -two (22) feet in length (including any attached trailer) or with a maximum gross vehicle weight exceeding ten thousand (10,000) pounds, whether licensed or unlicensed, may be stored or parked upon any street for longer than twenty -four (24) hours, unless such activity is authorized pursuant to a temporary permit pursuant to Subsection (b)(4) below (4) Temporary Parking Permits - Exception to Time Restrictions A vehicle may park on a street for a period of time that exceeds the time restrictions set forth in this section, Section 10 10 070, as well as any parking restriction time period established in Section 10 10 030 and Section 10 10 040(a) above if it has been specifically permitted, on a temporary short term limited basis and for the period of time permitted Such a permit may be issued, (i) to a resident when necessary such as when the resident will be out of town or some other similar short term use, (ii) with a public works right -of -way permit or other similar City or State authorization for construction or other related public purpose, or (iii) when otherwise authorized by the Director for good reason (c) 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 10 060 above and 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 7 Parking Code - Chapter 10.10 BMC 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 10 060 above and 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 (d) Parking on n Ci Property A motor vehicle parking or standing on property owned, leased, or operated by the City is subject to the following restrictions (1) Only motor vehicles belonging to persons who work for the City, who are transacting business with the City or who otherwise have specific permission from the City, may be parked upon such property, and (2) Where pavement markings or signs designate parking stalls on such property, all motor vehicles must be parked within such stalls and not elsewhere on such property, unless otherwise authorized by the City, and (3) Where a parking stall or stalls is designated by pavement markings or signage, any motor vehicle parked in these stalls must be parked within the designated limits of the parking space as indicated (e) Parking against Traffic Except when otherwise provided by City code, ordinance or resolution, it shall be unlawful for any vehicle to stop or park on a street unless (1) Stopped or parked parallel (or at an angle when authorized) to the traveled portion of the street, (2) In the direction of authorized traffic movement of the street 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 (m) 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 (f) Expired Registration It is unlawful to park any vehicle on a street or on public property without valid, current vehicle license plates or registration tab displayed according to law (g) Inoperable Motor Vehicle It is unlawful to park or store an inoperable motor vehicle on a street or on public property For purposes of this subsection, an "inoperable motor vehicle" is defined as a motor vehicle which is (1) by any reason of dismantling, disrepair, or other cause is incapable of being propelled under its own power, (2) unsafe for operation on the streets and highways of this State due to inability to comply with the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10 04 BMC, or (3) damaged to such extent as to render it illegal for operation on any street, including but not limited to any of the following broken head or taillights, broken or missing mirrors, cracked or missing window or windshield, deflated tires, missing seats or steering wheel or other general conditions that would render a vehicle incapable of being driven on a public highway (h) Junk and Abandoned Vehicles Enforcement of junk and abandoned vehicles may be pursuant to Chapter 46 55 RCW adopted as part of the Washington Model Traffic Ordinance pursuant to Chapter 10 04 BMC 8 Parking Code - Chapter 10.10 BMC (i) 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 0) 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 (k) 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 (1) Unlawful Parking in City Lot In addition to other enforcement remedies, it is unlawful to park any vehicle on 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 (m) 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 (n) False Application It is unlawful for any person to intentionally provide false or misleading information on any application for a parking permit (o) 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 (p) 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 (q) 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 (r) Habitation in Vehicles No person shall park and /or occupy any vehicle on any street for the purpose of habitation in such vehicle For purpose of this section, habitation means to camp, live or occupy within such vehicle for residential purposes 10.10.080 ENFORCEMENT PROCEDURES. (a) Enforcement Officer The parking regulations set forth in this chapter and the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10 04 BMC shall be enforced by the, (1) City's police officers and other law enforcement officers, and/or (2) City's parking enforcement officers, as applicable - The City's parking enforcement officers include parking enforcement officers with limited commission as set forth in subsection (d) below and those City officials authorized by the Director of Financial Services or by the Director of Public Works & Utilities to enforce provisions of this chapter (b) Notice of Infraction If any vehicle is found parked, standing, or stopped in violation of this chapter, or otherwise violates the provisions of this chapter, the enforcement officer finding the vehicle shall take its license number and may take any other information 9 Parking Code - Chapter 10.10 BMC 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 (c) Registered Owner — Responsible for Violation In any parking violation case involving an infraction relating to the stopping, standing, or parking of a vehicle, the registered owner of the vehicle shall be responsible for the violation unless the registered owner can provide proof that the vehicle was sold or stolen or other similar event in which the registered owner had no direct or indirect control of the vehicle (d) Limited Commission Officers The City's Police Department is authorized to appoint parking enforcement officers with a limited commission to issue notices of infractions for violations of the City's parking regulations 10.10.090 FINES AND PENALTIES. Unless specifically set forth elsewhere in this chapter, the fines and penalties for parking violations of the provisions of this chapter and provisions of the Washington Model Traffic Ordinance as adopted pursuant Chapter 10 04 BMC, defined as an infraction, shall be pursuant to Chapter 3 01 BMC and Chapter 10 04 BMC 10.10.100 FAILURE TO RESPOND — ADDITIONAL PENALTY. Any person who has been issued a notice of infraction relating to parking pursuant to BMC 10 10 080(b) above and who fails to respond as provided in RCW 46 63 110, as adopted by the Washington Model Traffic Ordinance pursuant to Chapter 10 04 BMC 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 a notice of infraction 10.10.110 VEHICLE IMPOUND — OTHER ENFORCEMENT. Any vehicle parked and/or used in violation of this chapter, Chapter 10 10 BMC, or any regulation or restriction established thereunder, or any other applicable provision of the Bremerton City Code or of any ordinance, is an unauthorized vehicle declared to be a nuisance which may be summarily abated by the impounding and removal of the vehicle as follows (a) Impound with Notice As authorized pursuant to RCW 46 55 080(1), an unauthorized vehicle left within a street may be impounded under the direction of a police officer or parking enforcement officer after notice of such proposed impoundment has been securely attached to and conspicuously displayed on the vehicle for a period of twenty -four (24) hours prior to such impoundment pursuant to RCW 46 55 085 under the following circumstances (1) Violations of Parking When such vehicle is parked and/or used in violation of the provisions of this chapter or any other law, ordinance or regulation, or (2) Chronic Nuisance A vehicle is hereby declared to be a chronic nuisance and subject to impound as provided herein when (i) Outstanding Infractions When a vehicle is parked on any street or City parking facility within the City and there are three (3) or more outstanding parking infractions issued against the vehicle for each of which a person has failed to respond, failed to appear at a requested hearing, or failed to pay a parking infraction for at least 45 days from the date of the filing of the notice of infraction. (ii) Multiple Infractions When a vehicle is parked on any street within the downtown core as defined in BMC 10 10 010 above and said vehicle has been issued six (6) or more parking infractions while parked on any street within the City, whether paid or 10 Parking Code - Chapter 10.10 BMC unpaid, within the preceding ninety (90) days Furthermore, such vehicle may not park on any street within the downtown core for a period of ninety (90) days from the date of issuance of the notice of impoundment (b) Impound without Notice As authorized pursuant to RCW 46 55 080(1), a vehicle may be impounded under the direction of a police officer or parking enforcement officer, with or without citation and without giving prior notice to its owner as required in Subsection (a) above hereof, only under the following circumstances (1) Public Safety When a vehicle is unattended upon a street where the vehicle constitutes an obstruction to traffic or jeopardizes public safety as defined in RCW 46 55 113, or (2) City Parking Facility When an unauthorized vehicle is parked in a City owned or controlled parking facility which is properly posted with parking restrictions pursuant to RCW 46 55 070 (c) Other Impoundment In addition to the impound provisions set forth in Subsections (a) and (b) above and those penalties established pursuant to this chapter, a vehicle in violation of any of the parking regulations established herein may be impounded by a registered tow truck operator at the direction of a police officer pursuant to those requirements established in WAC 308 - 330 -406 and other related sections of the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10 04 BMC (See RCW 46 55 113) (d) Immobilization of vehicle In lieu of impoundment, a vehicle may be immobilized with a restraining device (ie boot) A vehicle that has been immobilized for forty - eight (48) or more hours may be impounded, unless the vehicle needs to be towed sooner for public safety reasons as set forth is subsection (b)(1) above as determined by the police officer or parking enforcement officer 10.10.120 COSTS OF IMPOUND. (a) 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 one hundred dollars ($100 00) before the vehicle may be released (b) If impounded or immobilized, the vehicle shall not be released until the Police Department, or its designee, parking enforcement officer or towing company, as applicable, 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 unless such release is otherwise approved by the Police Department, or its designee or parking enforcement officer for good reason 10.10.130 ENFORCEMENT - EXEMPT PERIODS. Time restrictions on parking, as set forth in this chapter, shall not be effective on City holidays identified in BMC 102 020 or such additional days specifically exempted by Council resolution, except that enforcement in residential restricted parking zones shall be at the times posted 10.10.140 APPEAL. Appeals relating to the creation, deletion, boundary change or time change of a restricted parking zone pursuant to BMC 10 10 040(c) above and appeals of * "� arkin infractions and 11 Parking Code - Chapter 10.10 BMC impoundments pursuant to this Chapter shall be filed with and heard by the Municipal Court Hearing Examiner pursuant to BMC 2 62 045 Failure to appear at the scheduled hearing will be deemed a waiver of any rights to contest the declaration SECTION 3. Chapter 11 10 of the Bremerton Municipal Code end "Sidewalks — Duties of Abutting Property Owners" is hereby amended to add a new section relating to decommissioning and recommissioning of driveways as follows Chapter 11.10 SIDEWALKS - DUTIES OF ABUTTING PROPERTY OWNERS 11.10.010 MAINTENANCE OF HAZARDOUS CONDITIONS PROHIBITED. (a) It shall be the duty of persons occupying property abutting on public sidewalks to keep those sidewalks free of snow, ice, obstruction or other objectionable thing It shall be the duty of the owner and/or any person, firm, or corporation occupying or having charge or control of any premises abutting upon any public street, right -of -way, or alley, or beneath such public sidewalk area in the City to construct, place, cause, create, maintain, or permit to remain upon any sidewalk pa-A of. said right ef way leea4ed between the eufbitne, or- if them is He eur-blifle, pr-epet4y hne�,-any condition, structure, or object dangerous or hazardous to the use of said t- of ay sidewalk by the members of the general public including, but not limited to, the following conditions (1) Defective sidewalk surfaces including, but not limited to, broken or cracked cement, stub -toes, depressions within or between sidewalk joints, (2) Defective cement surfaces placed adjacent to the public sidewalk or defects at the puncture between said cement surfaces and said public sidewalks, including stub - toes or depressions at said function, (3) Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of any such street right -of -way, (4) Defective conditions caused by tree limbs, foliage, brush or grass on or extending over such public sidewalks or rights -of -way, (5) Defective conditions on the planting strip, unless posted for parking, (6) Defects resulting from accumulation of ice and snow on public sidewalks or on the right -of -way between the curblme or, if there is no curblme, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line, (7) Defects consisting of foreign matter on the public sidewalks including, but not limited to, gravel, oil, grease, or any other foreign subject matter that cause pedestrians using said sidewalk to fall, stumble or slip by reason of the existence of such foreign matter, (8) Defective handrails or fences or other similar structures within or immediately adjacent to said right -of -way (b) The term "person occupying property" shall mean owners, tenants, subtenants and licensees who occupy or are end to occupy and make general use of property (1) In the case of apartment houses, rooming houses, courts, and similar buildings, the term "person occupying property" shall mean that person or persons owning or in control and management of the building on the property 12 Parking Code - Chapter 10.10 BMC (2) In the case of office buildings, duplexes and other property occupied by more than one (1) person, firm or family and not included in subsection (b)(1) of this section the term "person occupying property" shall mean each of the owners or occupants of such building whose premises are on the sidewalk level and they shall be responsible for so much of the sidewalk as is adjacent to their premises (c) For purposes of this section, the term "sidewalk" shall mean part of any ri h way located between the curblme, or if there is no curblme then between the adjacent edge of the traveled portion of such nght -of -way and the abutting propert lie (d) Construction or reconstruction of a sidewalk by the abutting property owner may be required when necessary for public safety and convenience pursuant to Chapter 35 69 RCW 11.10.020 DUTY TO MAINTAIN, CLEAN AND REPAIR SIDEWALK. Whenever any public right -of -way in the City has been improved by the construction of a sidewalk along either side thereof, the duty and expense of the maintenance, cleaning, repair and renewal of said sidewalk, including the erection or maintenance of suitable barriers along the outer margin of said sidewalk where the same is elevated more than two (2) feet above the abutting property, shall be upon the owner of the directly abutting property All such repairs shall be made after application for and issuance of a proper building permit therefor, as required by law, and all of such work to be duly inspected and approved by the city engineer or designee 11.10.030 SIDEWALK RELOCATION. Any person, firm or corporation desiring to change or relocate any sidewalk in front of and abutting its property shall make application in writing to the engineering department of the city, and such application shall contain, among others, the exact location of such proposed change or relocation, the location of any new sidewalk to be laid and the connections and locations of other sidewalks upon such street, no change or relocation of any sidewalk shall be made until the issuance of an appropriate permit therefor 11.10.040 DRIVEWAYS - DECOMMISSIONING AND RECOMMISSIONING. The provisions of this section authorize the decommissioning of driveways not formally abandoned pursuant to Crty right -of -way standards in order to allow street parking on parts of streets fronting the decommissioned dnveways and further provide for the recommissioning of said driven ays when appro rp iate (a) Decommissioning of Driveways The owner of the property upon which a driveway is located may apply for a decommissioning of the driveway by the filing of a written request on a form and with the information required by the Department and by the payment of the required fee set forth in Rate Table G of the City of Bremerton's rate and fee schedule Upon meeting these conditions and a determination of the Director that the driveway is no loner required and that the area of the street fronting the driveway may be used for street parking the City will post the area of the street fronting the decommissioned driveway as authorized for street parking_ Recommissioning of Driveways The owner of the property upon which a decommissioned driveway is located may apply for a recommissioning of the dnveway The request shall be made by the filing of a written request on a form and with the information required by the Department and by the payment of the required fee set forth in Rate Table G of the City of Bremerton's rate and fee schedule Upon meeting these conditions and a determination of the Director that the dnveway may be recommissioned the City will remove 13 Parking Code - Chapter 10.10 BMC the street signs which authorized parking on the area of the street fronting the decommissioned driveway LcJ The City may, at any time, remove the street signs which authorized parking on the area of the street fronting the decommissioned driveway and prohibit such parkin due public safety or other related reasons 11.10.040 VIOLATION - PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 104 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1 12 020(2) Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation SECTION 4. Severabrhty If anyone 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 5. 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 of 0� day of 0.cr,,►, , 2013 GREG ELER, Council President Approved this Aff Lh day of Ayay , 2013 PATTY IFT, ayor EST S TO FORM NNON CORIN, City Clerk 5 RRO R A LUBOVICH, City Att — PUBLISHED the d rio day of ���7ih— , 2013 EFFECTIVE the day of /'i / 5 2013 ORDINANCE NO 5206 R \ Legal\ Legal \OrdmancesTinance\Parking\Parkmg Code BMC 10 10 - 2013 - Final doc 14 Parking Code - Chapter 10.10 BMC AFFIDAVIT OF PUBLICATION Account #42742 AD# 20132249 STATE OF WASHINGTON COUNTY OF KITSAP I, Rolene Buswell, being first duly sworn on oath, deposes and says That she is now, and at all tunes 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 March 26, 2013 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 $46 67 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of March 29, 2013 PQ1 �U_ft Notary Public in and for the State of Washington, Kitsap County F ASSANDRA A CAPAS Notary Public ate of Washington Commission Expires ebruar y 04, 2014 ORDINANCE NO 5206 AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Chapter 10 10 BMC of the Bremerton Municipal Code entitled "Restricted Parking Zones" and Chapter 10 11 BMC of the Bremerton Municipal Code entitled "Parking Enforcement ", adopting a new chapter, Chapter 10 10 of the Bremerton Municipal Code entitled "Parking Code ", amending Chapter 1110 of the Bremerton Municipal Code relating to decommissioning and recommissioning of driveways and making other related changes PASSED by the City Council on the 20th day of March, 2013 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 March 26, 2013 Ad# 20132249