Chapter 46.30
RESIDENTIAL PERMIT PARKING ZONES
Sections:
46.30.005 Rules and regulations.
46.30.010 Traffic engineer—Analysis—Establishment of zones.
46.30.020 Traffic engineer—Authority to establish zones.
46.30.030 Designation of zones—Procedure.
46.30.040 City clerk—Permit issuance authority.
46.30.050 Permit—Application—Issuance.
46.30.060 Permit—Changes and renewals.
46.30.100 Permit—Unlawful use.
46.30.140 Permit—Revocation—Conditions.
46.30.150 Permit—Revocation and surrender.
46.30.004 Definitions.
A. For the purposes of this chapter:
1. “Residential parking zone (RPZ)” as used in this chapter applies only to the areas in which an RPZ has been established pursuant to Section 46.30.030(A) and the city traffic engineer has authority to implement and sign RPZ time limits and RPZ no parking restrictions, whether or not those limits and restrictions have been established and posted.
2. “Implemented residential parking zone (implemented RPZ)” as used in this chapter applies only to the block faces within a designated RPZ that have had RPZ time limits and/or RPZ no parking restrictions established and posted pursuant to Section 46.30.030(B).
3. “Residence” as used in this chapter applies only to a place where one lives and excludes property that is used exclusively as a place of business or for any other purpose.
4. “Resident” as used in this chapter applies only to a person who lives in a “residence” as described in this chapter and does not extend to a person who occupies a structure solely as a place of business.
5. “Residential parking zone no parking restriction (RPZ no parking restriction)” as used in this chapter applies to no parking restrictions posted within an RPZ that include supplemental language exempting valid RPZ permit holders from the no parking restriction.
6. “Residential parking zone time limit (RPZ time limit)” as used in this chapter applies to time-limited parking restrictions posted within an RPZ that include supplemental language exempting valid RPZ permit holders from the time limit. (Ord. 3645-18 § 15, 2018)
46.30.005 Rules and regulations.
The city clerk and the traffic engineer are hereby authorized to promulgate rules and regulations necessary to administer the city’s residential permit parking zone ordinance. (Ord. 1229-86 § 3, 1986)
46.30.010 Traffic engineer—Analysis—Establishment of zones.
A. The traffic engineer shall perform or cause to be performed, either on his or her own initiative or by request from citizens potentially affected, a thorough impact analysis, including the number of available on-street and off-street parking spaces, occupancy of on-street spaces and the number of vacant on-street parking spaces; and pursuant to such analysis and this chapter, the traffic engineer, under the direction of the city engineer and subject to the approval of the director of public works, may authorize on-street parking by residents and visitors with a valid permit issued pursuant to this chapter beyond the implemented RPZ time-limit restrictions and without regard for implemented RPZ no parking restrictions.
B. The use and effects of such permit zones shall be monitored and evaluated by the traffic engineer and periodic reports shall be provided to the city council. (Ord. 3645-18 § 2, 2018: Ord. 544-78 § 1, 1978)
46.30.020 Traffic engineer—Authority to establish zones.
The traffic engineer is authorized to designate and establish zones in which residents shall be allowed by permit to park on street beyond the implemented RPZ time-limit restrictions and without regard for implemented RPZ no parking restrictions, as provided for in this chapter. (Ord. 3645-18 § 3, 2018: Ord. 544-78 § 2, 1978)
46.30.030 Designation of zones—Procedure.
A. The designation of a residential permit parking zone shall not be made to a single block but shall apply generally to a neighborhood. Public notice of the intention to designate an RPZ and of a public hearing on such designation shall be given by publication and through communication with official city of Everett neighborhood associations. The transportation advisory committee shall conduct a public hearing on the recommended designation and shall within forty-five days after such hearing advise to the mayor approval or disapproval of the recommended designation. A decision on whether to designate an RPZ will thereafter be made by the mayor. The designation of an area as an RPZ grants the city traffic engineer the authority to establish RPZ time limits and RPZ no parking restrictions and to implement and enforce such regulations. The designation of an RPZ does not create an obligation to immediately establish and implement such regulations.
B. Subsequent to the designation of an RPZ, the traffic engineer may, upon written request of residents in the RPZ, or upon the traffic engineer’s own initiative, evaluate the necessity of implementing RPZ time limits and/or RPZ no parking restrictions in the RPZ. If the evaluation shows that within the RPZ twenty-five percent of the dwelling units have less than two off-street parking spaces; on the average, fifty percent of the available on-street parking is occupied during the daytime; at least sixty percent of dwelling units in the RPZ support designated implementation of RPZ time limits and/or RPZ no parking restrictions; or if the area is already posted with a general on-street parking time limit, the traffic engineer shall recommend to the city engineer and director of public works that RPZ time limits and/or RPZ no parking restrictions be established and implemented. (Ord. 3645-18 § 4, 2018: Ord. 544-78 § 4, 1978)
46.30.040 City clerk—Permit issuance authority.
The city clerk is empowered, in addition to those powers granted by Charter, local or state law, to issue permits for residential on-street parking upon application in accordance with the provisions of this chapter. (Ord. 544-78 § 3, 1978)
46.30.050 Permit—Application—Issuance.
The application for a residential parking zone permit shall include the name, address, and contact information of the applicant; the vehicle make, model, year, license plate number and issuing state; and a copy of the current and proper registration of the vehicle for which the permit is sought. The application shall also indicate the nature of the documents used to establish eligibility for the permit as required by Section 46.30.120, and shall indicate the amount and date of payment of the permit fee. Upon satisfaction of the application requirements and requirements of this chapter, the applicant shall be issued a permit. (Ord. 3645-18 § 9, 2018: Ord. 544-78 § 10, 1978)
46.30.060 Permit—Changes and renewals.
The holder of a residential parking zone permit shall report any changes of address or changes in vehicle registration within thirty days of such change. All residential parking zone permits expire automatically on December 31st of the year in which the permit was issued and must be renewed annually to remain valid. (Ord. 3645-18 § 13, 2018: Ord. 544-78 § 14, 1978)
46.30.070 Permit—Fee.
A. The fee for an annual residential parking zone permit and for a visitor permit shall be determined by the city council and set at a level not higher than that which will meet the costs of operation of the residential parking zone program.
The annual residential parking zone and visitor permit fees shall be as follows:
1. First two residential parking zone permits—no charge.
2. Additional residential parking zone permits—twenty dollar processing fee per vehicle per year.
3. First temporary visitor parking permit—no charge.
4. Additional temporary visitor parking permits—ten dollar processing fee per vehicle. (Ord. 3645-18 § 10, 2018: Ord. 544-78 § 11, 1978)
46.30.080 Permit—Use.
A valid residential parking zone permit shall exempt that vehicle, while within the zone for which the permit was issued, from citation for parking longer than the implemented RPZ time limit or in violation of an implemented RPZ no parking restriction. The permit shall be valid only in the zone designated on the permit. The permit shall not guarantee a parking space nor shall it exempt the vehicle or operator from on-street pay-to-park fees or other non-RPZ parking regulations, including, without limitation, non-RPZ time limits or no parking restrictions, the seventy-two-hour maximum time limit for continuous parking (Section 46.28.220(B)), load zones, street cleaning, and other zones and regulations of this code. The permit shall be nontransferable and valid until December 31st of the year in which the permit was issued, so long as the permit holder retains the permit vehicle and resides at the address specified on the permit application. (Ord. 3645-18 § 7, 2018: Ord. 544-78 § 7, 1978)
46.30.090 Permit—Requirements.
Repealed by Ord. 3645-18. (Ord. 562-78 § 1, 1978; Ord. 544-78 § 9, 1978)
46.30.100 Permit—Unlawful use.
It is unlawful to falsify information in application for a residential parking zone permit, to fail to report a change of residence or vehicle ownership, to transfer the permit to another person or vehicle, to violate or fail to comply with any provisions of this chapter, or to violate or fail to comply with any other terms or conditions under which the permit was issued. Any such unlawful use shall subject the permit holder to revocation of this permit, denial of eligibility for reapplication for one year, and to other penalties as described in this chapter. (Ord. 3645-18 § 8, 2018: Ord. 544-78 § 8, 1978)
46.30.110 Visitor’s permits.
The holder of a residential parking zone permit may apply for a temporary visitor permit for guest vehicles, which shall be valid for ten calendar days and may be renewed for up to thirty days but is not transferable. Additional processing fees will apply. The application shall identify the name of the visitor, and his/her vehicle license plate number, and the residential permit number of the host. Permits for visitors shall issue on application and payment of the visitor permit fee unless the traffic engineer determines that adequate space is not available within that zone, in which case no visitor permits will issue. In any case, no permit holder shall be issued more than three visitor permits per month at any given time.
The city clerk (or designee) may deny an application for a temporary visitor permit if the applicant has unpaid parking citations. (Ord. 3645-18 § 11, 2018: Ord. 544-78 § 12, 1978)
46.30.120 Permit—Eligibility.
A. Eligibility for residential parking zone permits shall be established upon proof of residence within the zone for which the permit is sought and proof of ownership and/or control of the motor vehicle.
1. Proof of residency shall be established by: (a) display of a valid driver license reflecting a current address in a legal dwelling unit in the residential parking zone; or (b) display of a utility bill dated within thirty days of the current date; or (c) display of a deed, current lease or rental agreement, or notarized statement from the homeowner or landlord verifying the applicant’s current residence at the applicable address, which in the discretion of the city clerk (or designee) establishes residency and which shows residency in the RPZ.
2. Proof of ownership and/or control of motor vehicle shall be established by: (a) display of a valid motor vehicle registration in the applicant’s name; or (b) display of a valid motor vehicle registration together with a vehicle lease agreement or other documentation, which in the discretion of the city clerk (or designee) establishes that the applicant has legal use and control of the vehicle.
B. No residential parking zone permit shall be issued to any resident who, in the opinion of the city’s traffic engineer (or designee), has sufficient off-street parking to provide parking for those vehicles owned or controlled by the applicant.
C. The city clerk (or designee) may deny an application for a residential parking zone permit if the applicant has unpaid parking citations. (Ord. 3645-18 § 5, 2018: Ord. 1608-89 § 1, 1989; Ord. 1229-86 § 1, 1986; Ord. 544-78 § 5, 1978)
46.30.130 Permit—Exemption.
A person who has been issued current and valid special license plates, parking placards, or special year tabs for persons with disabilities from the Washington State Department of Licensing, pursuant to Chapter 46.19 RCW, shall be allowed the same privileges within residential parking zones as permit holders, but shall not be required to hold a residential parking zone permit. Commercial service vehicles registered through the city’s commercial vehicle service parking permit program parked in residential parking zones while making service calls to residential dwellings within the zone shall be exempt from holding a residential parking zone permit and exempt from the implemented RPZ time limits and RPZ no parking restrictions. (Ord. 3645-18 § 6, 2018: Ord. 544-78 § 6, 1978)
46.30.140 Permit—Revocation—Conditions.
A. Residential parking zone permits may be revoked for the following reasons:
1. Unlawful use of the permit under Section 46.30.100;
2. Abuse or misuse of visitor permits;
3. Over-issuance of residential parking zone permits. In case of over-issue as determined by the traffic engineer, based on an engineering study, priority shall be given to providing one permit to each dwelling unit, and any necessary revocation shall take into account the number of vehicles owned or controlled by the permit holder and the number of off-street parking spaces the permit holder possesses;
4. In the event of expiration or termination of the residential parking permit program.
B. When revocation occurs because of over-issuance or termination of the permit program, a pro rata refund shall be given to the person whose permit was revoked. (Ord. 3645-18 § 12, 2018: Ord. 544-78 § 13, 1978)
46.30.150 Permit—Revocation and surrender.
The city clerk is authorized to revoke the residential parking permit of any person for the reasons set forth in Section 46.30.140 upon written notification to the permit holder. (Ord. 3645-18 § 14, 2018: Ord. 544-78 § 16, 1978)
46.30.160 Appeals.
Any applicant who has had his or her residential parking zone permit application denied is entitled to appeal the denial to the city of Everett parking hearing examiner provided a written appeal is filed with the city clerk within ten days following the date of denial. Any permittee who has had his/her residential parking zone permit revoked is entitled to appeal the revocation to the city’s parking hearing examiner provided the permittee files a written appeal with the city clerk within ten days following the date of revocation. The parking hearing examiner may, in its discretion, affirm, nullify or modify the denial or revocation. (Ord. 1229-86 § 2, 1986)
46.30.170 Violation—Penalty.
Repealed by Ord. 3645-18. (Ord. 1229-86 § 5, 1986; Ord. 544-78 § 17, 1978)