Chapter 15.12
MARINA PARKING1
Sections
15.12.010 Marina parking lots – Closure.
15.12.015 Marina parking lot rates.
15.12.020 Motor vehicle trespass designated.
15.12.030 Notice of infraction – Presumption.
15.12.050 Violation – Penalty.
15.12.010 Marina parking lots – Closure.
The City Manager or the City Manager’s designee is directed to close the marina parking lots to all vehicular traffic (with certain exceptions specified in this chapter) during such hours as are set by resolution of the City Council, and post such restriction at such locations and in such a manner which reasonably informs the public. [Ord. 1674 § 3, 2017: Ord. 1565 § 1, 2013: Ord. 591 § 1, 1984.]
15.12.015 Marina parking lot rates.
The City Manager is authorized to set the rates for parking in the marina. Customers are charged the rates in effect at the time and date of entry into the marina. Charges are calculated from the time of entry until the time of payment. Varying rate structures may be applicable. The City Manager is authorized to set annual fees for the issuance of annual parking passes. [Ord. 1674 § 1, 2017.]
15.12.020 Motor vehicle trespass designated.
The operator of a motor vehicle who enters a parking lot at the marina between the hours set by the City Council and posted as provided in DMMC 15.12.010, or whose vehicle is found in a marina parking lot during such hours, commits the traffic infraction of motor vehicle trespass. The penalty for a violation of or failure to comply with this section is set according to the Washington Statewide Bail Schedule. [Ord. 1674 § 4, 2017: Ord. 1565 § 2, 2013: Ord. 591 § 2, 1984.]
15.12.030 Notice of infraction – Presumption.
A notice of infraction shall be issued to the operator of any such vehicle if the operator can be identified. If the operator cannot be identified, a notice of infraction shall be conspicuously affixed to the vehicle and a duplicate notice of infraction shall be issued by the court and mailed to the registered owner of the vehicle. It shall be rebuttably presumed that the registered owner of the vehicle committed the infraction. [Ord. 591 § 3, 1984.]
15.12.035 Prohibited acts.
The following acts shall be prohibited in the marina:
(1) No person shall deface, injure, tamper with, open, or willfully break, destroy, or impair the usefulness of any parking payment center, ticket device, or gate.
(2) No person shall enter the paid parking area with a vehicle without either using an access device or obtaining an entry ticket, nor shall any person exit the paid parking area with a vehicle without paying the rate owed.
(3) No person shall use any other ticket to exit the paid parking area other than the ticket they obtained for entry.
(4) No person shall allow the unauthorized use of a parking pass or access device including but not limited to allowing the use of the pass or access device for an unauthorized vehicle or individual or lending or selling the pass or access device to another. [Ord. 1674 § 2, 2017.]
15.12.040 Exemptions.
The following are exempt from the provisions of DMMC 15.12.010 and 15.12.020:
(1) Residents and guests of residents whose real property parking is contiguous to a marina parking lot; except that this exemption is limited to transit through the parking lots. Persons in this category who park in a marina parking lot shall forfeit the exempt status.
(2) Users of the marina who have legitimate reasons to park in a marina parking lot in connection with boating or fishing activities; including, but not limited to, marina tenants, occupants of guest moorage, persons actively using the public fishing pier for fishing, and individuals displaying a valid parking pass issued pursuant to Rule 10.0 of the Marina Rules and Regulations. This exemption is limited to vehicles that have conspicuously displayed on the vehicle a parking pass issued by the Harbormaster. A decision of the Harbormaster denying a parking pass may be appealed to the City Manager and the Hearing Examiner in accordance with rules and regulations for the marina.
(3) Official federal, state, or local law enforcement, fire protection, or medical vehicles while in performance of official duties.
(4) Vehicles of users of the marina for City-approved special events during the hours of the event.
(5) Vehicles of patrons and employees of a marina restaurant or business during the hours of operation of the restaurant or business. [Ord. 1674 § 5, 2017: Ord. 1565 § 3, 2013: Ord. 1018 § 1, 1993: Ord. 591 § 5, 1984.]
15.12.050 Violation – Penalty.
(1) No person shall violate or fail to comply with this chapter.
(2) Unless specifically noted, a violation of or failure to comply with this section is a class 2 civil infraction. [Ord. 1674 § 6, 2017: Ord. 1009 § 57, 1993: Ord. 591 § 4, 1984.]
For regulations concerning parking generally see chapter 10.04 DMMC.