Chapter 10.12
PARKING
Sections:
10.12.030 Authority of City officials.
10.12.040 Time limited parking.
10.12.070 Storage of equipment on public property.
10.12.080 Impoundment of vehicles.
10.12.090 Violation and penalty.
10.12.100 No modification of existing regulations.
10.12.110 Adoption by reference.
Prior legislation: Ord. 677.
10.12.010 Applicability.
This chapter shall be applicable to the entire width of the public right-of-way, as well as any properties maintained as City streets. [Ord. 805 § 1 (Exh. A), 2019.]
10.12.020 Definitions.
For purposes of this chapter, the following words shall have the following meanings:
A. “City” shall mean the City of Everson, Washington.
B. “Council” means the City Council of the City.
C. “Double-park” shall mean to park a vehicle on the roadway side of a parked vehicle, or on the roadway side of the space in which a vehicle may be parked.
D. “EMC” shall mean the City of Everson Municipal Code.
E. “North,” “south,” “east” and “west” mean directions relative to City streets.
F. “Park” or “parking” means the stopping of a vehicle, whether occupied or not, for any purpose other than for momentary stops required by official traffic signals, signs or laws governing vehicular traffic movement.
G. “Public right-of-way” and “right-of-way” shall include within its definition streets, alleys, right-of-way public easements, and any other public travelway.
H. “Safety zone” means a marked area of a roadway set aside for pedestrians such as a crosswalk or bus stop.
I. “Vehicle” or “motor vehicle” shall mean any type of motorized and licensed or unlicensed vehicle or trailer, including, without limitation, motorcycles, cars, trucks, trailers, recreational vehicles, campers or similar. [Ord. 805 § 1 (Exh. A), 2019.]
10.12.030 Authority of City officials.
A. Public Works Director Authority. The City’s Public Works Director and his/her designee is authorized, under the supervision of the Mayor, to:
1. Install and maintain parking signs, markings, paint lines and other vehicle parking controls when and as required either to maintain existing controls or new parking controls established by the City Council and to implement the actions of the City Council;
2. Determine and erect signs, markings, paint lines and other devices restricting or prohibiting parking in places where desirable, in the public interest, to facilitate parking or traffic flow, or to promote pedestrian or vehicular safety; provided, however, that the Public Works Director shall obtain the approval of the Council, prior to installation of any signs, markings, paint lines or other devices implementing the Public Works Director’s determinations authorized in this chapter or by a Council approval of a general parking plan or standards;
3. Determine upon which streets angle parking shall be permitted and sign or mark the same for angle parking;
4. Determine the location of and establish loading zones where practicable when upon investigation it appears that there are no alley entrances or other similar means of approach to buildings or property and that congested traffic conditions require such zones for the purpose of loading or unloading merchandise or passengers within the block in which the zones may be established, and in each case fix with appropriate signs or other markings signifying the hours during which such zones shall be maintained open for the purpose for which the same are intended; provided, that loading zones shall be designated for such purpose no longer than between the hours of 6:00 a.m. and 3:00 p.m., and no person shall park a commercial truck or vehicle for such purpose within such designated time period for longer than 30 minutes.
B. City Chief of Police/Chief Law Enforcement Officer Authority. The City Chief of Police is authorized to enforce all regulations and requirements set forth herein, except for zoning and/or building code violations unless designated by the Mayor, City Planning Director, or the City Building Official.
C. Mayor, City Planning Director or the City Building Official. The Mayor, City Planning Director, and City Building Official, or their designee, are authorized to enforce all zoning and/or building code violations related to parking requirements and/or parking standards set forth in the City’s development regulations, which include without limitation the City zoning code (EMC Title 19), the City subdivision code (EMC Title 18), the City’s environmental code (EMC Title 16) and the City building code (EMC Title 15). [Ord. 805 § 1 (Exh. A), 2019.]
10.12.040 Time limited parking.
When signs, markings, or other devices are erected giving notice thereof, no person shall park a vehicle within spaces where parking is permitted any longer than the time specified. Violation of this provision shall be a civil infraction pursuant to EMC 10.12.090. [Ord. 805 § 1 (Exh. A), 2019.]
10.12.050 Prohibited parking.
Except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer, or in compliance with an official City traffic-control device or marking reasonably indicating an exception, no person shall:
A. Park a vehicle as follows:
1. Double-park a vehicle, except that commercial vehicles making deliveries to businesses may double-park for not more than 10 minutes on public rights-of-way; provided, that such parking does not unreasonably block or otherwise interfere with the free movement of vehicular traffic, and is prohibited on all public rights-of-way between the hours of 3:00 p.m. and 6:00 p.m. Monday to Friday;
2. On a sidewalk or street planting strip within the right-of-way;
3. Within an intersection;
4. Within 20 feet of a crosswalk;
5. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless official signs or markings indicate a different no-parking area opposite the ends of a safety zone;
6. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;
7. Upon any bridge or any elevated structure upon a street or within a street tunnel;
8. On any railroad tracks;
9. In the area between roadways of a divided highway, including crossovers;
10. Upon any street in such a manner that would block or obstruct vehicles lawfully traveling on such street, unless otherwise allowed in this chapter;
11. On that portion of a street bordered by painted curb markings prohibiting parking;
12. In violation of any sign maintained by the City giving notice of a parking prohibition;
13. Upon a parade route which has been posted 24 hours prior to such parade;
14. Stopping or parking a vehicle within 10 feet of a United States mailbox. Exemption: temporary stopping or parking of a vehicle for the purpose of, and while engaged in, the delivery or pickup of postal items.
B. Park a vehicle, except when the vehicle is attended by the vehicle operator and stopped for one minute or less, for the purpose of picking up or discharging a passenger or passengers, as follows:
1. In front of a public or private driveway or within five feet of the end of the curb radius leading thereto;
2. Within 15 feet of a fire hydrant;
3. Within 20 feet of a crosswalk;
4. 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;
5. Within 20 feet of the driveway entrance to any fire station and on the side of the street opposite the entrance to any fire station within 75 feet of the entrance when properly signposted;
6. Within 50 feet of the nearest rail of a railroad crossing;
7. At any time during street sweeping hours when signs or other reasonable method(s) have been utilized to provide prior notice of said prohibition.
C. It is unlawful to park any motor vehicle in any alley, except for the purpose of loading or unloading such vehicle, at which time the vehicle must be attended by the operator of the same, unless there is at least 10 feet of the width of the alley available for the free movement of vehicular traffic, or when such stops are necessary in obedience to traffic regulations or traffic signs or signals, or in obedience to the direction of an enforcement officer.
D. It is unlawful to park any vehicle upon any street for the principal purpose of:
1. Displaying advertising;
2. Displaying such vehicle for sale;
3. Selling merchandise from any vehicle, except when authorized by the City of Everson.
E. It is unlawful for any person to park any motor vehicle on a public street or parking lot for the purpose of sleeping therein or maintaining the same as a temporary or permanent residence.
F. It is unlawful for any person to park any commercial vehicle on a public street, except where the vehicle is involved in making a delivery to a nearby property; and provided further, that the delivery time does not exceed one hour.
G. No person shall park a vehicle in any location upon a street or right-of-way for more than 24 hours.
H. No person shall park a recreational vehicle, trailer, motor home, boat or other similar vehicle in any location upon a street or right-of-way for more than 12 hours.
I. No person shall park a vehicle longer than permitted by signs or other markings giving notice of a parking time limitation or in violation of any such signs or markings giving notice of a restriction as to the type of vehicles to be parked in a location.
J. No person shall move a vehicle from one parking space back to the same parking space or to another parking space within the same block on the same street for the purpose of evading the time limitation or parking or avoiding any violation herein.
K. Except as otherwise provided in this chapter, such as allowed angle parking, no person shall park his or her vehicle upon a street other than with its right-hand wheels parallel to and within 12 inches of the right-hand curb or edge of the street.
L. At those locations which have been signed or marked for angle parking or for parallel parking, no person shall park a vehicle in any manner other than that indicated by such signs or markings, nor park any portion of a vehicle outside the confines of such markings, including the parking space striping.
M. At those locations where angle parking is authorized, no person shall angle park where the rear of the vehicle, including all extensions, such as, for example only, a trailer hitch, or a load in the rear of a vehicle, extends beyond the end of the white parking stripe furthest from the street curb or edge of the street.
N. Violation of this provision shall be a civil infraction pursuant to EMC 10.12.090.
O. It shall be a defense to an infraction under this section that the offense was necessitated by a temporary emergency and that no reasonable alternative was available to the defendant under the circumstances. [Ord. 805 § 1 (Exh. A), 2019.]
10.12.060 Other violations.
No person shall erase or obliterate, for the purpose of interfering with checking for overtime parking, a chalk mark or other identifying mark placed on the tire or tires of a parked vehicle by a police officer or other authorized person. [Ord. 805 § 1 (Exh. A), 2019.]
10.12.070 Storage of equipment on public property.
Unless an otherwise shorter period is designated by City code or other regulation, no equipment or property of any kind may be stored or left on a public street, right-of-way or property for any period of time. [Ord. 805 § 1 (Exh. A), 2019.]
10.12.080 Impoundment of vehicles.
Law enforcement officers are authorized to order the impoundment of vehicles parked upon a street in any of the following circumstances:
A. A vehicle found to be parked in violation of this chapter;
B. An apparently abandoned or junk vehicle found to be parked for longer than 24 hours in violation of the EMC;
C. A vehicle found to be obstructing traffic;
D. A vehicle that has been stolen or used in the commission of a crime when its retention as evidence is necessary;
E. A vehicle or other property left on public or municipally owned property in violation of this chapter;
F. A vehicle found to be driven by any person arrested for violation of any provision of the RCW or the EMC;
G. A vehicle found on a City street under circumstances reasonably indicating to a police officer that it presents a hazard to motorists or a potential for loss to the owner by way of theft or vandalism if not removed;
H. A vehicle found to be in violation pursuant to RCW 45.55.113. [Ord. 805 § 1 (Exh. A), 2019.]
10.12.090 Violation and penalty.
A. Notice – Placement on Illegally Parked Vehicle. Whenever any motor vehicle without operator is found in violation of any of the restrictions imposed by this chapter, the officer shall take the vehicle identification number (VIN) and may take any other information displayed on the vehicle which may identify its user, and shall affix to such vehicle a notice in writing or a citation, on a form authorized by the City Chief of Police, specifying the violation and the necessary corrective action to be taken.
B. Notice – Noncompliance – Letter to Owner. If the operator or owner of a vehicle upon which notice of violation has been affixed does not appear in response thereto, within the designated time period, and if no time period is stated, then within five days the Municipal Court Clerk shall send to the registered owner of the motor vehicle that was cited a letter informing him/her of the violation, that the violation will be reported to the Department of Licensing, and that the fine shall be referred for collection if the fine is not satisfied within the specified time period.
C. Violation – Prosecution of Owner. In any prosecution charging a violation of any law or regulation governing the stopping, standing or parking of a vehicle, proof that the particular vehicle described in the complaint was stopping, standing, or parking in violation of any such law or regulation, together with proof that the defendant named in the complaint was, at the time of such violation, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.
D. Violation – Burden of Proof. The burden of proof under this chapter is upon the City to establish a violation of this chapter by a preponderance of the evidence.
E. Violation – Penalty.
1. Unless otherwise specified, each violation of a provision of this chapter shall be a civil infraction pursuant to this section.
2. Unless another penalty is expressly provided by law, any person found to have committed an act designated a violation under the provisions of this chapter shall be punished by a penalty of not more than $250.00 per violation. Every person found guilty of doing an act prohibited by this chapter or of failure to perform an act required by this chapter shall be punished by a fine as specified as follows:
|
$50.00 |
1st Offense |
|
$100.00 |
2nd Offense within 12 months |
|
$250.00 |
3rd Offense within 12 months |
[Ord. 805 § 1 (Exh. A), 2019.]
10.12.100 No modification of existing regulations.
Nothing herein shall amend, construe or limit any regulations, requirements, or prohibitions on the parking, standing or operations of any motor vehicle within the City limits that exist elsewhere in the City Municipal Code, including without limitation the City’s zoning regulations (EMC Title 19) and the City’s nuisance ordinance (Chapter 8.08 EMC). In the event of a conflict between any provision or requirement of this chapter and any other chapter of the City code, the more restrictive provision shall apply. [Ord. 805 § 1 (Exh. A), 2019.]
10.12.110 Adoption by reference.
The following sections of the Revised Code of Washington (RCW), as presently constituted or hereinafter amended, are adopted by reference as the code of the City of Everson:
RCW Title
46.16.381 Special parking for persons with disabilities – Penalties – Enforcement – Definition.
46.61.570 Stopping, standing, or parking prohibited in specified places – Reserving portion of highway prohibited.
46.61.575 Additional parking regulations.
46.61.581 Parking spaces for persons with disabilities – Indication, access – Failure, penalty.
46.61.582 Free parking for persons with disabilities.
References to the RCW incorporate, by reference, such sections of the RCW now in effect or as subsequently amended, including, but not limited to, any applicable definitions section associated with such sections. In adopting State statutes by reference, only those offenses within the jurisdiction of a municipality are intended to be adopted. [Ord. 805 § 1 (Exh. A), 2019.]
10.12.120 Uniformity.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws and regulations of the City. The City has adopted by reference Chapter 308-330 WAC in EMC 10.01.010, and incorporates those definitions and applicable provisions related to parking by reference to Chapter 308-330 WAC as part of this chapter. [Ord. 805 § 1 (Exh. A), 2019.]