Chapter 10.08
PARKING
Sections:
10.08.020 Stopping, standing, or parking prohibited in specific places.
10.08.030 Additional rules and regulations – Establishment.
10.08.050 Rules and regulations – Violation – Penalty.
10.08.060 Parking prohibited at all times on certain streets – Penalty for violation.
10.08.070 Parking limited on certain streets.
10.08.090 Physically disabled parking.
10.08.100 Zone 1 – Two-hour parking.
10.08.110 Zone 2 – Two-hour parking.
10.08.115 Parking prohibited on all city streets – Penalty for violation.
10.08.120 Parking adjacent to schools.
10.08.130 Parking time limits – Penalty for violation.
10.08.150 Parking zones – Sign posting.
10.08.160 Parking of motorcycles, motor-driven cycles, and mopeds within parking spaces.
10.08.170 Tampering with parking enforcement process is a violation.
10.08.180 City parking lots – Regulations.
10.08.190 City parking lots – Fee schedule.
10.08.200 City parking lots – Violations/penalties.
10.08.010 Definitions.
“Camper” means a structure designed to be mounted upon a motor vehicle which provides facilities for human habitation or for temporary outdoor or recreational lodging and which is five feet or more in overall length and five feet or more in height from its floor to its ceiling when fully extended, but shall not include motor homes as defined in RCW 46.04.305.
“Full trailer” means every vehicle without motive power, designed for carrying persons or property, drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
“Motor home” means a motor vehicle originally designed, reconstructed, or permanently altered to provide facilities for human habitation, which include lodging and cooking or sewage disposal, and is enclosed within a solid body shell with the vehicle, but excludes a camper or like unit constructed separately and affixed to a motor vehicle.
“Motor vehicles” means any and all vehicles licensed in accordance with RCW Title 46, with the exception of motor vehicles licensed for a gross weight of 20,000 pounds or more, including their trailers.
“Right-of-way” means all public streets and property granted or reserved for, or dedicated to, public use for streets, together with public property granted or reserved for, or dedicated to, public use for walkways, sidewalks, and bikeways, whether improved or unimproved, including air rights, subsurface rights, and easements related thereto.
“Semitrailer” means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by the towing vehicle.
“Travel trailer” means a trailer built on a single chassis transportable upon the public streets and highways that is designed to be used as a temporary dwelling without a permanent foundation and may be used without being connected to utilities.
“Utility trailer” means any full trailer or semitrailer constructed and used solely for the purpose of carrying property and not to exceed a gross weight of 6,000 pounds. [Ord. 945B § 3, 2015.]
10.08.020 Stopping, standing, or parking prohibited in specific places.
A. Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:
1. Stop, stand, or park a vehicle:
a. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
b. On a sidewalk or street planting strip;
c. Within an intersection;
d. On a crosswalk;
e. Opposite the direction of authorized traffic movement;
f. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;
g. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
h. On any railroad tracks;
i. In the area between roadways of a divided highway including crossovers;
j. In front of a public or private driveway or within five feet of the end of the curb radius leading thereto;
k. Within 15 feet of a fire hydrant;
l. Within 20 feet of a crosswalk;
m. Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway;
n. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance when properly signposted;
o. Within 50 feet of the nearest rail of a railroad crossing;
p. At any place where official signs prohibit stopping, standing, or parking; or
q. In any parking area designated by lines or marks in any manner that the vehicle extends over or across any such line or mark or in such manner that the vehicle is not within the area so designated by such lines or marks.
B. Stopping, standing, or parking shall be permitted in the manner provided by law at all other places, except a time limit and/or other restrictions as otherwise designated may be imposed.
C. No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as is unlawful.
D. It shall be unlawful for any person to reserve or attempt to reserve any portion of a highway for the purpose of stopping, standing, or parking to the exclusion of any other like person, nor shall any person be granted such right.
E. It shall be unlawful for any person to cause or allow their vehicle to remain parked on city streets rights-of-way for longer than 24 hours after notice by city officials requesting removal of said vehicle for municipal purposes and/or posting of impending parking restrictions.
F. Campers, motor homes, travel trailers, full trailers, semitrailers, utility trailers, and boat trailers are prohibited from parking on a city street, alley, or right-of-way, unless the owner/operator is in the process of loading or unloading supplies, or in the process of cleaning. Further, any camper, motor home, travel trailer, full trailer, semitrailer, utility trailer, or boat trailer parked in a manner that constitutes traffic or visibility obstruction shall be removed immediately. If an officer is unable to locate the owner within a reasonable period of time, the officer may cause the vehicle to be impounded. [Ord. 945B § 3, 2015.]
10.08.030 Additional rules and regulations – Establishment.
The chief of police shall establish rules and regulations for the parking of motor vehicles in or upon the public streets and rights-of-way of the city. Said rules and regulations shall make provision for no-parking areas, limited-parking areas, and methods of parking. The rules and regulations promulgated by the chief shall be accepted by the city upon presentation and notice as determined appropriate by the city. Said rules and regulations shall have no force and effect until such time as they are promulgated by the chief, together with notification being made to the public. [Ord. 945B § 3, 2015.]
10.08.040 Applicability.
The provisions of this chapter prohibiting the stopping, standing or parking of a vehicle shall apply at all times or those times specified in this chapter or as indicated on official signs, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device. [Ord. 945B § 3, 2015.]
10.08.050 Rules and regulations – Violation – Penalty.
Any person, firm, or corporation violating any provisions of the rules and regulations promulgated under this chapter may, upon notice being received, be responsible for payment of a civil assessment in an amount to be established from time to time by the city, dependent upon the type of violation occurring. Should any person, firm, or corporation found to have violated any provision under this chapter fail to pay the assessment in the time required by the city, said person, firm, or corporation subjects himself, herself, or itself to a misdemeanor charge for failure to comply with a mandate of the city. In addition, whenever a police officer finds a vehicle standing upon the right-of-way in violation of any provision of CMC 10.08.020, the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the right-of-way. Drivers or vehicle owners who are instructed by an officer to either move an unlawfully parked vehicle or not to park in violation of CMC 10.08.020, and refuse, may have their vehicle immediately impounded or immobilized at the discretion of the officer. [Ord. 1020B § 1, 2021; Ord. 945B § 3, 2015.]
10.08.060 Parking prohibited at all times on certain streets – Penalty for violation.
A. When signs are erected giving notice thereof, no person shall stop, stand, or park a vehicle at any time upon streets so posted. Such areas shall be so designated by the police department and/or public works department.
B. Vehicles found in violation of this section may incur an infraction fee per violation in the amount set forth in the current city fee schedule and/or impoundment of the vehicle. [Ord. 1020B § 2, 2021; Ord. 945B § 3, 2015.]
10.08.070 Parking limited on certain streets.
When signs are erected giving notice thereof, no person shall stop, stand, or park a motor vehicle for a period longer than the time indicated for the various streets so posted; provided, these limitations shall not apply on Saturdays, Sundays, or those legal holidays enumerated in RCW 1.16.050; and provided further, these limitations shall apply only between the hours of 8:00 a.m. and 5:00 p.m. [Ord. 945B § 3, 2015.]
10.08.080 Angle parking.
There shall be authorized within the city, subject to the approval of the chief of police, angle parking, which currently exists on Chehalis Avenue, Cascade Avenue, and Market Boulevard. Such parking shall be authorized subject to any modification of this rule by the chief. [Ord. 945B § 3, 2015.]
10.08.090 Physically disabled parking.
No vehicle shall be parked in a parking place reserved for physically disabled persons pursuant to Chapter 46.19 RCW, without a special license plate, card or decal issued by the State of Washington Department of Licensing. [Ord. 945B § 3, 2015.]
10.08.100 Zone 1 – Two-hour parking.
A. There shall be a two-hour parking zone at N.E. Boistfort Street from and including the intersection with N.W. Pacific Avenue and N.W. Chehalis Avenue to and including the intersection with N.E. Washington Avenue; N.E. Washington Avenue from and including the intersection with N.E. Boistfort Street to and including the intersection with N.E. Cascade Avenue; N.E. Cascade Avenue from and including its intersection with N.E. Washington Avenue to and including its intersection with North Market Boulevard and N.W. Park Street; N.W. Park Street from and including its intersection with North Market Boulevard to and including its intersection with N.W. Chehalis Avenue; and all streets in between, unless otherwise indicated.
B. No person, firm, or corporation shall stop, stand, or park any vehicle on the streets within the parking zone created by this section for a period of more than two hours, or other time as indicated for a particular street, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding legal holidays. [Ord. 945B § 3, 2015.]
10.08.110 Zone 2 – Two-hour parking.
A. There shall be a two-hour parking zone at N.E. Washington Avenue from, but not including, its intersection with N.E. Division Street to, but not including, its intersection with N.E. Boistfort Street; N.W. Front Street from and including its intersection with North Market Boulevard to and including its intersection with N.W. Pacific Avenue; N.W. Pacific Avenue from and including its intersection with N.W. Front Street to, but not including, its intersection with N.E. Boistfort Street; and all streets in between, unless otherwise indicated.
B. No person, firm, or corporation shall stop, stand, or park any vehicle on the streets within the zone created by this section for a period of more than two hours, or other time as indicated for a particular street, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding legal holidays. [Ord. 945B § 3, 2015.]
10.08.115 Parking prohibited on all city streets – Penalty for violation.
It is unlawful for any person to park or leave standing or cause to be parked or left standing any vehicle upon any public street in the city of Chehalis for 72 or more consecutive hours. Vehicles found in violation of this section and upon notice of a potential violation shall be tagged by the police department for a 72-hour period, after which said vehicle shall be subject to impoundment at the expense of the owner. [Ord. 945B § 3, 2015.]
10.08.120 Parking adjacent to schools.
A. The public works department is authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would interfere with traffic or create a hazardous situation.
B. When official signs are erected indicating no parking upon the side of the street adjacent to any school property, no person, firm, or corporation shall park a vehicle in any such designated place. [Ord. 945B § 3, 2015.]
10.08.130 Parking time limits – Penalty for violation.
A. No person, firm, or corporation shall park any vehicle on streets designated as timed parking for a consecutive period of more than the indicated limit set forth in CMC 10.08.100 and 10.08.110, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding legal holidays. It shall be no defense that the vehicle has been moved from one parking space to another within the same parking zone or that the vehicle traversed streets not within the zone in so being moved.
B. A showing that a vehicle was found parked in any on-street parking space within said parking zone or within the city lots more than two hours after it was previously noted in the same or any other on-street parking space within the zone, within any consecutive eight-hour period, shall constitute a prima facie presumption that the vehicle has been parked in violation of this section.
C. A first infraction shall constitute overtime parking and shall result in a fee penalty in the amount set forth in the current city fee schedule. If a vehicle is found, pursuant to this chapter, parked within the areas designated herein subsequent to the issuance of the first violation notice in that same day, the same shall constitute chain parking and shall be assessed a penalty pursuant to CMC 10.08.140. [Ord. 1020B § 3, 2021; Ord. 945B § 3, 2015.]
10.08.140 Civil assessments.
The following shall constitute the assessment for parking violations within the city not otherwise prescribed in this chapter;
A. Overtime Parking. Exceeding the established time limit for a designated parking space shall result in a fee penalty in the amount set forth in the current city fee schedule for first, second, and subsequent offenses.
B. Chain Parking. Parking in a designated zone as set forth in CMC 10.08.100 and 10.08.110 and relocating the vehicle within the same zone during the original time limit and thereafter exceeding the zone limit (i.e., parking in a two-hour time zone for 20 minutes in one space then moving the vehicle to a different space within the same two-hour time zone for a period exceeding the two-hour time-zone limit) constitutes overtime parking as defined in subsection (A) of this section.
C. Handicapped parking violations shall be penalized as established by state statute, incorporated herein by reference.
D. Miscellaneous parking violations as defined by CMC 10.08.020 shall be subject to a fee penalty in the amount set forth in the current city fee schedule for each violation within a 24-hour period.
E. The monetary penalty for failure to respond to a parking infraction within 15 days of the issuance shall be subject to a fee penalty in the amount set forth in the current city fee schedule for each parking infraction regardless of the time period in which the offense(s) occurred and regardless of the violation. [Ord. 1020B § 4, 2021; Ord. 945B § 3, 2015.]
10.08.150 Parking zones – Sign posting.
Appropriate signs shall be erected in established time parking zones to reasonably inform the public of parking regulations enacted in this chapter. Neither failure of a person to observe any sign, nor the nonexistence of a sign in a particular location, shall be a defense to any violation of CMC 10.08.100 and 10.08.110. [Ord. 945B § 3, 2015.]
10.08.160 Parking of motorcycles, motor-driven cycles, and mopeds within parking spaces.
A. Notwithstanding any provisions of the model traffic ordinance as adopted in this chapter or any other provisions of this chapter, more than one motorcycle, as defined in RCW 46.04.332, and/or moped, as defined in RCW 46.04.304, may be parked within a single parking space within the city, subject to the following provisions:
1. That no more than three motorcycles, motor-driven cycles and/or mopeds be allowed within a single parking space and that same are parked so as not to unreasonably interfere with other such vehicles;
2. That the vehicles be parked at any angle with the rear tire touching the curb and in manner so as not to interfere with traffic;
3. That any violation would result in a citation being given to all the vehicles then and there parked; and
4. That each vehicle must comply with the relevant time limits established for that parking zone.
B. In all other regards, the vehicles must comply with all other appropriate traffic and/or parking regulations. [Ord. 945B § 3, 2015.]
10.08.170 Tampering with parking enforcement process is a violation.
A. It shall be a violation of this chapter for a person to erase chalk marks placed on tires or vehicles by enforcement officers of the city to enforce provisions of this chapter or to tamper with any other enforcement process implemented by the officials, with the intent of circumventing that enforcement process or the provisions of this chapter.
B. The penalty for violation of this section shall be a fee penalty in the amount set forth in the current city fee schedule. [Ord. 1020B § 5, 2021; Ord. 945B § 3, 2015.]
10.08.180 City parking lots – Regulations.
When signs are erected giving notice thereof, no person, firm, or corporation shall stop, stand, or park a vehicle within any city-maintained parking lots for a period of time longer than indicated, contrary to any restrictions or without paying the applicable parking fee established pursuant to this chapter. [Ord. 945B § 3, 2015.]
10.08.190 City parking lots – Fee schedule.
The city council shall establish and post a fee schedule, where applicable, for the city-owned and operated parking lots and to implement the parking regulations by the installation of appropriate signs and/or collection devices. The fee schedule, and any changes thereto, shall be filed with the police department. [Ord. 945B § 3, 2015.]
10.08.200 City parking lots – Violations/penalties.
A. Failure to pay fees in a time-regulated municipal parking lot pursuant to this chapter shall constitute a parking infraction and shall be penalized as follows:
1. City Parking Lots – Four-Hour and 24-Hour. If a vehicle is found, pursuant to this chapter, parked within a time-regulated municipal lot in excess of the established time, the same shall constitute an infraction resulting in a fee penalty in the amount set forth in the current city fee schedule. Nothing in this section will prohibit a vehicle from being cited for multiple violations.
2. Permitted City Parking Lots. If a vehicle is found, pursuant to this chapter, parked in a permit lot without a valid city-issued permit during the restricted hours, the same shall constitute an infraction resulting in a fee penalty in the amount set forth in the current city fee schedule. Nothing in this section will prohibit a vehicle from being cited for multiple violations.
B. Moving the vehicle is not a defense. It shall be no defense that a vehicle has been moved from one parking space to another within a parking lot if the vehicle remains in the lot at the end of the applicable time limit or without a permit.
C. Towing Vehicles. Vehicles found in violation of this chapter may be impounded and towed at the direction of the Chehalis police or other law enforcement agencies. [Ord. 1020B § 6, 2021; Ord. 945B § 3, 2015.]