Chapter 46.32
INTERIM PUBLIC SCHOOL PARKING ZONE
Sections:
46.32.010 Rules and regulations.
46.32.020 Enforcement of parking regulations per this chapter.
46.32.050 Permit use and conditions for Everett High School permit holders.
46.32.070 Everett High School administration—Permit issuance authority.
46.32.080 Permit—Application—Issuance.
46.32.100 Permit—Requirements.
46.32.110 Violation—Penalties.
46.32.120 Revocation of permits.
46.32.130 Regulations not exclusive.
46.32.150 Third party liability.
46.32.010 Rules and regulations.
The Everett municipal court, the city clerk, the traffic engineer, and the Everett High School administration are authorized to promulgate rules and regulations, including enforcement, necessary to administer the issuance of permits per this chapter. (Ord. 2724-03 § 1, 2003)
46.32.020 Enforcement of parking regulations per this chapter.
The city’s police and parking enforcement officers are authorized to enforce the parking regulations and restrictions set forth in this chapter.
Failure to perform any act required or the performance of any act prohibited by this chapter is designated as a parking infraction unless otherwise provided. (Ord. 2724-03 § 2, 2003)
46.32.030 Definitions.
Unless otherwise provided or unless the context clearly requires a different meaning, the following terms shall have the meaning given to them herein:
A. “Student” means one who is enrolled at Everett High School.
B. “Faculty” means the teachers, instructors, coaches, assistants, administrators, maintenance personnel or persons otherwise on the payroll at Everett High School.
C. “Permit” means a document authorizing the exclusive use of parking spaces within the designated areas to permit holders from seven a.m. to two p.m. on weekdays, except holidays.
D. “Year” means the time period governing the validity of the permit, which shall be from August to August. (Ord. 2724-03 § 3, 2003)
46.32.040 Everett High School student and faculty parking zone established—Everett High School permit zone.
A. The city designates the following streets as the permit area for Everett High School students and faculty parking zone:
1. The east side of Hoyt Avenue between 24th Street and 25th Street;
2. The north side of 25th Street between Hoyt Avenue and Rockefeller Avenue;
3. The west side of Colby adjacent to 2330 Colby Avenue;
4. The south side of 24th Street between Colby Avenue and Rockefeller Avenue;
5. The west and east side of Wetmore Avenue between 24th Street and 25th Street;
6. The west side of Rockefeller Avenue between 24th Street and 25th Street;
7. The south side of 25th Street between Rockefeller Avenue and Oakes Avenue;
8. The east side of Rockefeller Avenue between 25th Street and 26th Street;
9. The north side of 26th Street between Rockefeller Avenue and Oakes Avenue.
B. The traffic engineer shall make the areas designated for permit parking exclusive to Everett High School permit holders on weekdays from seven a.m. to two p.m., except on school holidays. The traffic engineer shall erect signs in the designated area that shall read as follows: “No parking, seven a.m. to two p.m., except by High School permit.” (Ord. 2724-03 § 4, 2003)
46.32.050 Permit use and conditions for Everett High School permit holders.
A. By permit, Everett High School permit holders are authorized to park in the permit areas described in Section 46.32.040 from seven a.m. to two p.m. on weekdays, except for school holidays, in accordance with the provisions of this chapter. The permit shall be nontransferable and valid for one year.
B. By submitting the application for approval and by accepting the permit if issued, the Everett High School permit holder agrees to park in the areas designated herein between seven a.m. and two p.m., Monday through Friday, except for school holidays. In order to be eligible as provided in Section 46.32.060, the Everett High School permit holder must sign an agreement contained in the application, which outlines the affected areas unavailable to Everett High School permit holders on weekdays from seven a.m. to two p.m., except school holidays. By signing the agreement, among other things, the permit holder waives their right to park in the following affected areas from seven a.m. to two p.m. and consents to enhanced penalties for violating the terms of the permit pursuant to Section 46.32.110:
1. The south side of 25th Street between Hoyt Avenue and the alley west of Wetmore Avenue;
2. The west and east sides of the 2500 and 2600 block of Colby Avenue.
The traffic engineer shall mark the spaces within the affected areas by erecting signs that shall read as follows: “No High School Parking.”
C. A valid Everett High School permit when properly displayed on the vehicle for which it was issued shall exempt that vehicle, while within the zone for which the permit is issued, from citation for parking longer than the posted time limit between the hours of seven a.m. to two p.m., Monday through Friday, except for school holidays. The permit shall be valid only within the area designated in Section 46.32.040. The permit shall not guarantee a parking space nor shall it exempt the operator from observing all other parking and applicable regulations. The permit shall be nontransferable and valid for one school year from the date of issue, so long as the permit holder retains the vehicle and is either a student or faculty member in good standing of Everett High School. (Ord. 2724-03 § 5, 2003)
46.32.060 Eligibility.
Eligibility for the Everett High School permit shall be established upon proof of Everett High School student or faculty status and proof of ownership or control of the vehicle for which the permit is sought. Proof of ownership or control of the vehicle for which the permit is sought shall be established by possession of a valid registration or other indicia of title, or by display of valid registration of the vehicle to another person accompanied by the signature of said person on the application. The signature serves to authorize the applicant’s physical control of the vehicle during seven a.m. to two p.m. on weekdays as the applicant’s means of transportation to and from Everett High School for educational or work purposes. The application also shall contain a printed agreement stating, among other things, that the permit holder waives their right to park in the parking spaces within the affected areas and consents to enhanced penalties for violating the conditions of the permit as determined pursuant to Section 46.32.110. The applicant must sign the agreement printed in the application in order to be eligible for the permit. (Ord. 2724-03 § 6, 2003)
46.32.070 Everett High School administration—Permit issuance authority.
The city authorizes the Everett High School administration to advertise the program, create all application forms, administer the application process, and to issue permits to its students and faculty. The school administration shall devise the application, but shall include certain provisions as outlined pursuant to Section 46.32.080, subject to the city’s approval. The Everett High School administration shall notify the city’s police department and the parking enforcement officers of the school calendar (including holidays, in-service days, and so on) annually. (Ord. 2724-03 § 7, 2003)
46.32.080 Permit—Application—Issuance.
The administration of Everett High School has the authority to create the form of the application for the Everett High School permit; provided, that it shall include spaces for the following information: applicant’s name, address, telephone number, license plate number, and make, model, and registration of the vehicle for which the permit during weekdays between the hours of seven a.m. and two p.m. is sought. The application shall also list the designated parking areas available to permit holders. The application shall also indicate the nature of the documents used to establish eligibility for the permit, and shall indicate the amount and date of payment of the permit fee to cover the administrative costs of issuance, if a fee is required. The applicant(s) shall sign and certify the information furnished on the application.
The application also shall include an agreement, including among other things, the delineation of the affected areas where permit holders shall not park on Monday through Friday from seven a.m. to two p.m., except holidays. The agreement printed in the application shall state that by placing the applicant’s signature beneath the agreement portion of the application, the permit holder agrees to waive the right to park in the parking spaces within the affected areas and consents to enhanced penalties for violating the conditions of the permit as determined pursuant to Section 46.32.110. The Everett High School administration shall not issue a permit to an applicant who has not consented to the conditions of the permit as evidenced by the applicant’s signature beneath the printed agreement. If the permit is issued, the permit is valid for one year and is nontransferable.
Where there is more than one family member attending Everett High School authorized to use the vehicle for which the permit is sought, the application shall include each student or faculty member’s name. All applications must include the signature of a legal or registered owner of the vehicle to which the permit is to be granted. (Ord. 2724-03 § 8, 2003)
46.32.090 Permit fee.
The administration at Everett High School is authorized to establish a permit fee, if any, as a condition of permit issuance. If a fee is collected, the fee shall be the property of the school district. (Ord. 2724-03 § 9, 2003)
46.32.100 Permit—Requirements.
The city authorizes the administration of Everett High School to determine the form of the permit to be affixed to the permit holder’s vehicle subject to review by the city’s police department; provided, that the permit shall designate the area for which it shall be valid, the license number of the vehicle, the serial number of the permit, and its expiration date. The permit shall include an instruction directing the permit holder to affix the permit in a permanent fashion to the inner side of and in the lower left-hand corner of the rear window of the vehicle. The Everett High School administration shall change the color of the permit annually. (Ord. 2724-03 § 10, 2003)
46.32.110 Violation—Penalties.
A. It shall be unlawful for any person to do any of the following:
1. To make any false or misleading statement in the application for a permit;
2. To transfer a permit to another person so they may use the permit on an unauthorized vehicle to avoid the parking time limits in the area;
3. To alter a permit in any respect in order to gain privileges not authorized by permit;
4. To make copies or otherwise create a facsimile or counterfeit permit;
5. To display a permit on an unauthorized vehicle.
If the unlawful activity pertains to the transfer of a permit to a vehicle not authorized by permit, the conduct shall be considered a violation of this chapter both by the person holding the valid parking permit and the person who so uses or displays the permit on a motor vehicle other than that for which it is issued.
Any person who violates this chapter by committing one of the above unlawful uses of the permit shall be guilty of a misdemeanor and on conviction thereof may be punished by a fine not to exceed one thousand dollars.
B. It shall be unlawful for an Everett High School permit holder to park in the affected areas waived by agreement, during the hours of seven a.m. to two p.m. on weekdays. Any permit holder who parks in waived areas by agreement on weekdays from seven a.m. to two p.m., except school holidays, shall have committed a parking infraction and the penalty shall be as provided in EMC 46.28.270 for “all other violations.”
C. It shall be unlawful for any person to park in the Everett High School permit zone without a permit. Any person parking in the Everett High School permit zone without a permit shall have committed a parking infraction and the penalty shall be as provided in EMC 46.28.270 for “all other violations.” (Ord. 2724-03 § 11, 2003)
46.32.120 Revocation of permits.
A. The administration of Everett High School may revoke an Everett High School permit for any of the following reasons:
1. The permit holder has made any false, misleading, or incomplete statement in the application;
2. Violation of any of the provisions of this chapter;
3. Ineligibility of the permit holder;
4. Termination of the Everett High School permit.
B. If the Everett High School administration finds that the Everett High School permit should be revoked for any of the reasons set forth above, the administration of Everett High School shall send a written notice to the permit holder, which notice shall contain the following information:
1. That the permit will be revoked not fewer than ten days or more than thirteen days from the date of the letter;
2. That unless a written notice of appeal is filed with the school administration not later than thirteen days from the date of the letter, the permit will be deemed revoked;
3. That if a written notice of appeal is filed within the required time, a review board established by the Everett High School administration shall convene notifying the permit holder of the review date;
4. That the revocation is for any of the above stated reasons. (Ord. 2724-03 § 12, 2003)
46.32.130 Regulations not exclusive.
The provisions establishing an interim parking regulation providing for a public school parking zone for Everett High School students and faculty and a parking permit system for the school zone shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping or parking of vehicles in specified places or at specified times. (Ord. 2724-03 § 13, 2003)
46.32.140 Savings.
Nothing in this chapter shall be construed as abating any official action of the city now pending under or by virtue of any of the ordinances herein amended by adoption of this ordinance or as waiving any right of the city under its policies, provisions, and regulations amended by the adoption of this chapter. (Ord. 2724-03 § 14, 2003)
46.32.150 Third party liability.
It is expressly the purpose of this chapter to provide for and promote the health, safety, and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter nor create any duty for the city. It is the specific intent of this chapter that no provision or any term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees. Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 2724-03 § 16, 2003)
46.32.160 Interim.
This is an interim regulation intended to provide additional on-street parking opportunities for students and employees of Everett High School while providing some measure of relief to businesses immediately impacted by the on-street parking for a limited period of time while Everett High School and the Everett School District design and construct additional off-street parking for the students and employees of Everett High School. (Ord. 2724-03 § 18, 2003)