Chapter 10.15
PARKING
Sections:
10.15.030 Enforcement and penalties.
10.15.040 Registered owner’s responsibility.
10.15.010 Delegation.
The city utilities superintendent shall have the ability to establish no parking zones, limited time parking zones, or disabled permit parking zones on any city street, so long as the procedures established by this chapter are followed. (Ord. 395 § 1, 1995)
10.15.020 Procedures for designating no parking zones, limited time parking zones, or disabled permit parking zones.
The city utilities superintendent shall establish for any current city street any vehicle parking limitations.
(1) Notice. The parking limitations established by the city utilities superintendent shall be posted in City Hall, as well as published in a local newspaper for a period of 15 days prior to implementation. Such notice shall state that the limitations can be appealed in writing before the city council, so long as the appeal is submitted in original written form prior to the date of implementation. Such notice must also state that the appellant must provide sufficient information as to why the particular limitation should not be implemented, or why it should be modified. The notice shall also state that failing to appeal in the proper manner, or within the proper time period, shall result in waiving all challenges, and shall result in the implementation and enforcement of such limitations.
(2) Appeal of Utilities Superintendent’s Decision.
(a) The utilities superintendent’s decision to establish vehicle parking limitations on any city street may be appealed to the city council, so long as the appeal is (i) in writing, (ii) states which limitation is being appealed, (iii) provides sufficient information as to why the particular limitation should not be implemented, or why it should be modified, and is filed within the 15-day time period specified within the published and posted notice.
(b) Upon receiving a proper appeal, the city clerk/treasurer shall provide notice of the appeal, and schedule a public hearing on the appeal before the city council. The utilities superintendent’s decision and the appeal shall be forwarded to each member of the council for review prior to the public hearing. Implementation of the parking zone being appealed shall be stayed until the appeal process described herein is completed.
(c) Upon completion of the public hearing, the city council by motion shall either affirm the utilities superintendent’s decision, modify it as requested by the appellant, or order the utilities superintendent to withdraw the decision.
(3) If no appeal is filed, or if the city council affirms the decision of the utilities superintendent, the utilities superintendent shall ensure that the appropriate signage shall be erected and the curbside painted red for no parking zones. Signage shall state either:
NO PARKING ZONE
Violators will be cited
per City Ord. No. ___
$25.00 penalty
or, for example,
2-HOUR PARKING
8:00 a.m. – 6:00 p.m.
Monday through Saturday
Violators will be cited
per City Ord. No. ___
$25.00 penalty
(4) If the decision is made by the utilities superintendent to create a disabled parking zone, proper notice of the decision must be given. In addition, the utilities superintendent shall ensure that the appropriate disabled parking zone signage shall be erected and the curb painted the appropriate color.
(5) No penalty or enforcement can occur prior to the erection of the signage and the painting of curbs, even though the effective date of the utilities superintendent’s decision has passed. (Ord. 395 § 2, 1995)
10.15.030 Enforcement and penalties.
(1) The city of Forks police department shall enforce the parking limitations established by the city utilities superintendent in accordance with this chapter.
(2) The following shall be violations of this chapter, and shall be designated as a civil infraction:
(a) No person shall permit or allow their vehicle to be improperly parked at any time within the city of Forks.
(i) "Improperly parked" shall mean the parking of a vehicle, including parking in areas where parking is permitted, in such a manner as to obstruct the passage of other vehicles or pedestrians; or the parking of a vehicle in an area where parking places are designated by lines or marks in such a manner that said vehicle is across any such line or mark, or is not within the area so designated by such lines or markings; parking space on the side of the street with the vehicle facing oncoming traffic; or the parking of a vehicle in a "loading zone" for any purpose other than loading or unloading of passengers, merchandise or equipment; or the parking of a vehicle in a "back-in only zone" in any manner other than with the front of the vehicle facing the street.
(ii) "Vehicle", for this section and the rest of the chapter, shall include every device capable of being moved upon a public highway or street and in, upon, or by which any person or property therein may be transported or drawn upon a public highway or street, excepting devices moved exclusively by human or animal power.
(b) When signs are erected that state that the area is a "no parking zone" and the curbage is painted red, no person shall park a vehicle within such an area or along such a marked street.
(c) When signs are erected that state that the area is a limited parking zone, no person shall park a vehicle within such an area or along such a marked street longer than that amount of time so specified.
(d) When signs are erected that designate a parking space for use solely by handicapped or disabled individuals, no person shall park a vehicle in such an area or along such a marked street, unless the vehicle bears the proper permit or license issued by the Washington State Department of Motor Vehicles.
(3) Penalty for Violating Subsection (2)(a) through (c) of this Section. A violation of either subsection (2)(a), (b), or (c) of this section shall be considered a civil infraction. The vehicle shall be issued a parking infraction with a fine of $25.00, of which only $5.00 can be suspended or waived by a court in a contested hearing. If the penalty is not paid within 15 days after receipt of the infraction, the court clerk shall impose a $15.00 late fee in addition to the original penalty.
(4) Penalty for Violating Subsection (2)(d) of this Section. A violation of subsection (2)(d) of this section shall be considered a civil infraction. The vehicle shall be issued a parking infraction with a fine, pursuant to RCW 46.26.381(7) of $175.00, of which only $75.00 can be suspended or waived by a court in a contested hearing. If the penalty is not paid within 15 days after receipt of the infraction, the court clerk shall impose a $15.00 late fee in addition to the original penalty. (Ord. 395 § 3, 1995)
10.15.040 Registered owner’s responsibility.
Every person in whose name a vehicle is registered or licensed shall be responsible for all parking violations under this chapter, unless the individual driving the vehicle is cited at the time of committing the infraction. (Ord. 395 § 4, 1995)
10.15.050 Exemptions.
The following are exempted from the penalties associated with a violation of FMC 10.15.030(2) (a), (b), or (c):
(1) Police, fire, emergency of marked city vehicles.
(2) Any vehicle parked in such a place as a result of or in response to an emergency, or at the direction of an emergency response officer, or in order to allow the passage of an emergency vehicle.
(3) Any vehicle parked in such a place as a result of vehicle failure, and the vehicle’s location has been reported to law enforcement. (Ord. 395 § 5, 1995)