Chapter 10.12 PARKING

B. When the public works director completes studies and determines that signage, striping or other traffic controls are needed, they shall be installed by the public works department and enforced by the police department.

C. A record of changes shall be maintained in the public works department and a copy posted at the police department. (Ord. 1556 § 1, 2004).

Article II. City Property

10.12.025 Highway 20 and other city property.

A. It is the policy of the city that no vehicles shall be parked on the highway frontage between Highway 20 and the railroad tracks from Regent Street east to Lafayette within the city and from the city limits east approximately one mile, which property is owned by the city.

B. It is the policy of the city that limits on vehicle parking may be put in place adjacent to any city property.

C. The public works director, in consultation with the police chief, is empowered to take such steps that are deemed reasonable to effectuate the policy set forth in subsections A and B of this section. The actions may include but are not limited to the following:

1. Posting the subject property with signs advising that parking is prohibited on the subject property;

2. Posting the property with signs indicating that vehicles parked on the subject property will be impounded;

3. Contracting with such firm as the public works director or police chief deems appropriate to tow any vehicles parked in violation of the city’s policy and further providing for impound of same. In making such an agreement, the city shall specify the terms for release of vehicles impounded and payment of the fees. (Ord. 1556 § 2, 2004; Ord. 1082 §§ 1, 2, 1986).

Article III. General Restrictions

10.12.100 Definitions.

A. As used in this chapter, the term “recreational vehicle” shall include all travel trailers, tent trailers, boats, boat trailers, utility trailers, snowmobile trailers or any similar vehicle. The term shall also include any “motor home” or “camper” as such terms are defined in RCW 82.50.010, which definitions are hereby adopted by reference.

B. As used in this chapter, the term “commercial vehicle” shall mean all motor vehicles exceeding 20 feet in length, including trailers, and all nonmotorized vehicles or trailers designed to be or actually attached or connected to a motor vehicle which exceeds 20 feet in length measured from the front of the motor vehicle to the end of the nonmotorized vehicle or trailer, and all vehicles exceeding 10,000 pounds gross vehicle weight, which vehicles are used, in whole or in part, for the transportation of commodities, merchandise, produce, freight, vehicles, animals, passengers for hire, or which are used, in whole or in part, in construction or farming.

C. As used in this chapter, the term “loading and unloading” shall mean temporarily stopping for no more than 15 minutes while removing or adding goods to the vehicle. (Ord. 1201 § 8, 1992).

10.12.110 Traffic safety commission.

A traffic safety commission is established. The commission shall consist of one member of the public to be appointed by the city council, the police chief, the city engineer and a member of the city council. The function of the commission is to recommend modifications of the parking ordinance to the city council. The commission shall meet at least annually to review enforcement statistics, problems and requests for changes or clarification of the parking ordinance and shall provide an annual report and recommendation to the city council. (Ord. 1201 § 2, 1992).

10.12.120 Angular parking.

It shall be unlawful for any person to angular park on the street and highways within the city except as designated with either a painted stripe or signs posted in the block. Parking of any vehicle extending into the traffic lane is prohibited in any angular parking space. Parking in an unsafe manner which creates a traffic hazard, including obstructed vision or impeding pedestrian or traffic flow, in areas not striped or sign posted for parking is prohibited. (Ord. 1343 § 1, 1997; Ord. 1239 § 1, 1993; Ord. 1201 § 3, 1992).

10.12.130 Time limits.

A. It shall be unlawful for any person to park or leave standing any vehicle for a greater time limit than is designated and posted in a particular time limit zone.

B. Time limit zones shall be designated by the public works director and time limit zones shall be so posted, with a minimum of one sign per block.

C. All streets are 72-hour time limit zones unless otherwise posted. (Ord. 1556 § 2, 2004; Ord. 1239 § 2, 1993; Ord. 1201 § 4, 1992).

10.12.140 Vehicle removal.

A. Whenever any police officer finds a vehicle standing upon or adjacent to the street or highway in violation of this chapter, such officer shall be authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same to a position off that portion of the street or highway.

B. The charge for removal of a vehicle as authorized in subsection A of this section shall be fixed by a governmental agency having traffic law enforcement jurisdiction over the portion of street or highway where such vehicle was found. Such governmental agency may perform the removal service directly or through a private firm. A private firm providing such removal services shall post the authorized charges therefor prominently at its place of business. The costs incurred in the removal of such vehicle shall be paid by the vehicle’s owner and shall be a lien upon the vehicle until paid. (Ord. 1201 § 5, 1992).

10.12.150 Miscellaneous parking restrictions.

A. It shall be unlawful to park in the following circumstances:

1. Within 20 feet of a fire hydrant;

2. Parking in a direction opposite of vehicle travel on a street;

3. Parking in a designated “LOADING ZONE”;

4. Parking in a designated “HANDICAPPED” parking stall;

5. Parking in any yellow zone;

6. Parking on sidewalks;

7. Blocking an alley or crosswalk; and

8. Parking in “NO PARKING ZONES.”

B. Avon Avenue (State Route 20). It is unlawful for any person to stop, park or leave standing any vehicles, whether attended or unattended, upon the main traveled part of the highway, the shoulder, curb or any section of the state right-of-way on the north or south side of Avon Avenue commencing at the intersection of Burlington Boulevard and extending east to the city limits.

C. Burlington Boulevard. It is unlawful for any person to stop, park or leave standing any vehicles, whether attended or unattended, upon the main traveled part of the highway, the shoulder, curb or any section of the state right-of-way on either side of Burlington Boulevard commencing at a point of intersection with the bridge to Mount Vernon and Burlington Boulevard northward on Burlington Boulevard to the point of intersection of Burlington Boulevard and Avon Avenue.

D. Goldenrod Road. It is unlawful for any person to stop, park or leave standing any vehicles, whether attended or unattended, upon the main traveled part of the highway, the shoulder, curb or any section of the state right-of-way on either side of Goldenrod Road commencing at a point of intersection with Highway 20 to the Interstate 5 Freeway access.

E. Spruce Street. It shall be unlawful for any person to park, or leave standing, any commercial vehicle and all nonmotorized vehicles or trailers designed to be or actually attached or connected to a motor vehicle, and all vehicles exceeding 10,000 pounds gross vehicle weight, upon the main traveled part of the roadway, the shoulder, curb or any section of the street right-of-way on the east and west side of Spruce Street from East Fairhaven to Gilkey Street, except parking shall be allowed on the west side of the street between Greenleaf and Washington Streets.

F. Alley Way. The alley running east and west between Anacortes Street and Pine Street, and East Fairhaven and Washington Street, shall be designated one-way westbound.

G. Rio Vista Street. It shall be unlawful for any person to park, or leave standing, any commercial vehicle and all nonmotorized vehicles or trailers designed to be or actually attached or connected to a motor vehicle, and all vehicles exceeding 10,000 pounds gross vehicle weight, upon the main traveled part of the roadway, the shoulder, curb or any section of the street right-of-way on the north and south side of Rio Vista Street from Burlington Boulevard to Spruce Street. (Ord. 1556 § 3, 2004; Ord. 1239 § 3, 1993; Ord. 1201 § 6, 1992).

10.12.160 Applicability.

BMC 10.12.150 shall not apply to the driver of any vehicle which is disabled while on the main travelled portion of the highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. In no case shall the vehicle be left on the highway for more than two hours. (Ord. 1201 § 7, 1992).

10.12.170 Parking restrictions for commercial and recreational vehicles.

A. In areas zoned residential, including multifamily areas, no recreational or commercial vehicle may be stored upon any city street or sidewalk, but may be stored in a garage or private driveway.

B. The restrictions set forth in this section shall not apply to the parking of a recreational vehicle on a street or alley immediately abutting street lot line of the lot upon which the owner or operator of the vehicle resides if such parking is solely for the purpose of connection with a planned trip, outing or vacation, commencing or ending on the same day of such departure or return, including any loading or unloading of persons and personal effects, or for the preparation of the vehicle in regards to such departure or return; provided, however, that such parking may not occur on more than two consecutive days or on more than two days in any seven-day period and shall not be occupied while parked on street. (Ord. 1239 § 4, 1993; Ord. 1201 § 9, 1992).

10.12.180 Occupation of recreational vehicle.

It shall be unlawful to occupy any recreational vehicle for residence purposes anywhere in the city, except in a duly established trailer park maintained in accordance with all applicable state statutes and city ordinances; provided, however, that occupation for residence purposes for a period of not more than seven days shall not be construed to be a violation of this section. (Ord. 1201 § 10, 1992).

10.12.190 Penalties.

A. Any person violating any provision of this chapter shall be deemed to have committed a traffic infraction, and upon a final determination of having committed such infraction, such person shall be subject to a monetary penalty as set forth in subsection E of this section.

B. There shall be a penalty of $25.00 for failure to respond to a notice of traffic infraction for violation of the provisions of this chapter or for failure to appear at any requested hearing.

C. In addition, any vehicle parked in violation of any provision of this chapter shall be subject to impoundment of the vehicle at the owner’s expense.

D. Erasing Chalk Marks. It is a traffic infraction, with a monetary penalty of $100.00, for any person to park a vehicle or permit a vehicle to remain parked on the streets knowing that time marks had been erased from such vehicle within the preceding 10 hours. A registered owner and/or last operator of a vehicle shall be presumed to know when and whether time marks had been erased from such vehicle.

E. Table of Fees for Parking Violations.


Table of Fees for Parking Violations
Parking Violations	Monetary Penalties
Overtime parking	$20.00
No parking	20.00
Yellow zone	20.00
Parking in the wrong direction	20.00
Within 20 feet of fire hydrant	100.00
Within 20 feet of railroad crossing	20.00
Improperly parked	20.00
Obstructing fire lane	100.00
Blocking alley	20.00
On sidewalk	20.00
Blocking crosswalk	20.00
Handicap parking	250.00

F. All Other Violations. All other violations of the provisions of this chapter shall be subject to the monetary penalty for like violations as set forth in the Justice Court Traffic Infraction Rules (JTIR) promulgated by the Washington State Supreme Court, as such rules now exist or may hereafter be amended.

All $20.00 violations will be reduced to $5.00 if paid within 24 hours after being issued. (Ord. 1556 § 4, 2004; Ord. 1239 § 5, 1993; Ord. 1201 § 11, 1992).

10.12.200 Repair on public property prohibited – Exception.

It is unlawful to disassemble, construct, reconstruct, repair and/or service motor vehicles of any kind in or upon any street, road, alley or other public thoroughfare in the city except for emergency service; provided, however, that the emergency service shall not extend over a period of two hours, and that the same does not interfere with or impede the flow of traffic. (Ord. 1201 § 12, 1992).

10.12.210 Parking zone regulations not applicable when.

Restrictions limiting the duration of parking in limited, free parking zones on Sundays, and on the following legal holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, and shall not be effective in designated areas within which regulatory signs have been removed or covered by the city. Temporary parking permits may be issued by the Burlington police department. (Ord. 1201 § 13, 1992).

Article IV. Fire Lanes

10.12.300 Definitions.

As used in this chapter, the term “fire lane” means a parcel of land designated and maintained by the owner thereof, as a public way, as defined in Section 1001.2 Uniform Building Code, to provide access from an improved public street, for firefighting and other emergency equipment and personnel. (Ord. 1377 § 1, 1998).

10.12.310 Designation by fire chief.

The fire chief is granted authority to designate all or a portion of any roadway, driveway, alleyway, parking lot or other means of vehicular ingress or egress to business, commercial or multifamily structures, or other assembly or educational occupancies, whether such ingress is publicly or privately maintained, as a fire lane in the manner set forth in this article.

A. Driveways and/or easements serving more than one single-family residence shall be designated and maintained as fire lanes where necessary in order to, at all times, provide a minimum of a 12-foot clearance through such driveway or easement.

B. It is hereby declared a violation of this section to stop, park a vehicle or otherwise obstruct any fire station facility housing emergency response apparatus. (Ord. 1377 § 1, 1998).

10.12.320 Criteria for designation.

Selection of areas to be designated as fire lanes shall be discretionary with the fire chief and shall be based upon the requirements of the specific site for access by fire, police and other emergency equipment and also for egress from required exits. (Ord. 1377 § 1, 1998).

10.12.330 Notification of designation.

Upon determining that an area should be designated as a fire lane, the fire chief shall notify the owner, or other person or organization having control of said area, of the designation and of the action required to give notice of the designation by painting, posting of signs, symbols or other methods approved by the fire chief. (Ord. 1377 § 1, 1998).

10.12.340 Owner to mark fire lanes.

The owner or other person or organization having control of the area designated as a fire lane shall, within 90 days after being advised of the fire lane designation, give notice of said designation by painting, posting signs, symbols or such other method as directed by the fire chief. The cost of giving notice and maintaining the same shall be borne by the owner or other responsible party. (Ord. 1377 § 1, 1998).

10.12.350 Owner to maintain fire lanes.

The owner, manager or person in charge of any property upon which designated fire lanes have been established shall prevent the parking of vehicles or the placement of other obstructions in such fire lanes.

The required width of a fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under the Uniform Fire Code Section 902.2.2.1 shall be maintained at all times.

Entrances to roads, trails or other accessways which have been closed by gates and barriers in accordance with Section 902.2.4.2 of the Uniform Fire Code shall not be obstructed by parked vehicles. (Ord. 1377 § 1, 1998).

10.12.360 Violation – Civil infraction.

The owner or other person or organization having control of the area designated as a fire lane who fails to mark or maintain the marking of a designated fire lane as prescribed in this chapter, or who parks a vehicle in, allows the parking of a vehicle in, obstructs or allows the obstruction of a designated fire lane commits a civil infraction and such violation shall be punishable by a monetary penalty of $100.00. Each day such violation continues shall be considered a separate offense. The penalty for parking a vehicle in, allowing the parking of a vehicle in, obstructing or allowing the obstruction of a designated fire lane or for parking within 20 feet of a fire hydrant, whether on public or private property, shall be $100.00. (Ord. 1377 § 1, 1998).

10.12.370 Impoundment.

Any vehicle or object obstructing a designated fire lane or parked within 20 feet of a fire hydrant, whether on public or private property, is hereby declared a traffic and fire hazard and is considered an immediate hazard to life and property and may be abated without prior notification to its owner by impoundment pursuant to applicable state law and the Uniform Fire Code. (Ord. 1377 § 1, 1998).

10.12.380 Enforcement.

In addition to enforcement by commissioned officers of the city, the fire chief, or his authorized designee, is authorized to take such lawful action, including impoundment or the writing and issuance of notices of infraction, as may be required to enforce the provisions of this article. (Ord. 1377 § 1, 1998).

Exhibit I

Repealed by Ord. 1556. (Ord. 1328 § 1, 1996; Ord. 1317 § 1, 1996; Amendment eff. 8/16/94; Ord. 1239 § 6, 1993; Ord. 1201 Exh. I, 1992).

Exhibit II

Repealed by Ord. 1556. (Ord. 1377 § 2, 1998; Ord. 1239 § 6, 1993; Ord. 1201 Exh. II, 1992).