Chapter 10.10
RESIDENTIAL PARKING ZONES
Sections:
10.10.030 Designation of residential parking zones.
10.10.040 Individual annual permit application.
10.10.060 Parking restriction in residential parking zones.
10.10.070 Temporary residential parking zone permits.
10.10.100 Expiration of permits.
10.10.010 Purpose.
The purpose of this chapter, Residential Parking Zones, is to provide an orderly and comprehensive system for the establishment of residential parking zones within the residential parking area and to facilitate permitting and enforcement mechanisms to aid in providing on-street parking in the public right-of-way for adjacent property owners, residents, and their guests. [Ord. 1624 § 1 (Att. A), 2021.]
10.10.020 Definitions.
The words and phrases set out in this section shall have the meaning as defined for the purposes of this chapter:
“Commercial vehicle” shall mean a vehicle to deliver goods or services or used in the provision of services for property owners, residents, or their guests within the residential parking zone. Such commercial vehicle does not include a vehicle of a property owner, resident, or guest used for commercial activity for a home occupation or for work or business outside the residential parking zone.
“Legal parking space” shall be an on-street parking space in the public right-of-way consisting of an enclosed or unenclosed covered or open area sufficient in size to park vehicles. The average size of a parking space is 270 to 320 square feet in area. Perpendicular or angled parking space length is commonly 16 to 18 feet with a width of 7.9 to nine feet. Parallel parking space standard length is 20 to 26 feet with a width of 6.9 to 7.9 feet.
“Motor vehicle” means a device capable of being moved upon a public highway and in, upon, or by which any person or property is or may be transported or drawn upon a public highway, including mopeds, and excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
“Public safety vehicle” shall mean a vehicle owned by a public safety agency, such as police, fire, or medical, or a private vehicle providing security, code enforcement, or merchant patrol services.
“Resident” is defined as an individual that resides in the city of Leavenworth; a person becomes a resident after 30 days of domestic occupancy of a structure within the proposed residential parking zone.
“Residential parking area” is defined as: north of Commercial Street, Main Street, and Front Street, south of Birch/Cedar/Fir Streets, east of Ski Hill Drive/3rd Street, 8th Street, and Central Ave, and west of Division Street, 14th Street, and Chumstick Highway. The residential parking area shall be established by resolution and a map of the residential parking area as established by resolution shall be on file with the city clerk.
“Residential parking zone” shall be one or more locations within the residential parking area up to a total of eight such zones with defined boundaries and with signs on all streets located within the residential parking zone indicating it is a permit only residential parking zone. An initial map of such eight proposed zones shall be adopted by council resolution and be on file with the city clerk. The city administrator may make minor revisions to such proposed zones and any final residential parking zone as adjusted shall be established by city council resolution.
“Utility/public works vehicle” shall mean either a publicly owned or privately owned vehicle providing work on or to the public utilities or infrastructure in the residential parking zone. [Ord. 1624 § 1 (Att. A), 2021.]
10.10.030 Designation of residential parking zones.
Within the residential parking area, the city shall delineate final residential parking zone boundaries to be used by residents if and when they decide to petition for establishment of a residential parking zone. Upon receiving a signed petition from 60 percent of the residents of a proposed residential parking zone, as delineated by the city, the city council by resolution may establish a final residential parking zone to address on-street parking in the public right-of-way.
A. Nothing shall require the city council to establish such residential parking zone by resolution. Prior to any adoption of a resolution establishing a final residential parking zone, the following shall have occurred:
1. The city shall validate the signatures on the petition to contain those of a minimum of 60 percent of the residents of the proposed residential parking zone, which conforms to the zone boundaries established by the city by resolution, with any administrative adjustment.
2. The city has received all fees for the petition as set out in the city’s fee schedule resolution.
3. The city shall determine the total number of legal parking spaces in the proposed residential parking zone.
4. The city shall determine the total number of legal parking spaces required to serve the residents of the proposed residential parking zone for their residential use.
5. After giving notice to all residents and property owners within the proposed residential parking zone, the city council shall hold a public hearing on the establishment of the residential parking zone.
6. The city council shall make findings, to be incorporated into its resolution, as to the basis for its approval, approval with conditions, or denial of the petition to establish the final residential parking zone. No residential parking zone shall be established without a sufficient record that its establishment is fair, not discriminatory, and in the best interests of public health, safety, and welfare.
B. The city council by resolution may repeal or revise an established residential parking zone as determined necessary for public health, safety, and welfare. [Ord. 1624 § 1 (Att. A), 2021.]
10.10.040 Individual annual permit application.
Upon approval of a final residential parking zone, with all conditions for its establishment satisfied, the city will issue each resident in the established residential parking zone one free annual permit, for the sole use of the resident for on-street parking in the public right-of-way. Additional permits may be requested by application at the cost referenced in the city’s fee schedule resolution.
A. The application for a permit shall contain information to verify that the applicant is a resident of the residential parking zone for which the application has been made. The information must include:
1. Applicant’s name, address, operator permit (driver’s license) number, and date of issue.
2. Vehicle owner name, address, vehicle registration certificate number, and date of issue.
3. The make, model, color, state of registration, and license number of the vehicle(s) to be registered.
4. Water, garbage, internet, cable, or other official documentation listing the address of the applicant and showing such address to be within the residential parking zone.
5. Any other information required by the city administrator or designee to determine if an annual permit for parking in the residential parking zone is permissible.
B. Permit fees shall be paid as established in the city’s fee schedule resolution and shall accompany the application.
C. The city shall create and maintain issued annual and temporary parking permits for each established residential parking zone. [Ord. 1624 § 1 (Att. A), 2021.]
10.10.050 Exemptions.
No individual annual permit and no temporary residential parking zone permit shall be required for the following types of vehicles to park in an established residential parking zone:
A. Public safety vehicle;
B. Utility/public works vehicle;
C. Commercial vehicle while in commercial operation; and
D. Any other vehicle, so long as the total duration of its on-street parking in the residential parking zone does not exceed the time limit permitted by official city signs.
E. When parking meters are installed on any street within a designated residential parking zone, the metered space shall not be deemed to be included within the residential parking zone, and not subject to the regulation of such zone, but subject to such regulation as is established for such metered space. [Ord. 1624 § 1 (Att. A), 2021.]
10.10.060 Parking restriction in residential parking zones.
A. Except for an exempt vehicle, it is unlawful for any person to park any motor vehicle on street in an established residential parking zone beyond the established parking limitation properly noticed through official city signs. Violators shall be subject to infractions per LMC 10.10.120.
B. Residential parking permit holders, as registered in the database, whether annual or temporary, must comply with all other parking regulations in effect, including winter parking regulations as established in LMC 10.08.020 and 10.08.070. [Ord. 1624 § 1 (Att. A), 2021.]
10.10.070 Temporary residential parking zone permits.
The city administrator or designee may issue temporary residential parking zone permits for specific functions (i.e., party, graduation, wedding, etc.) and for additional temporary residents in an established residential parking zone. An application for temporary permits shall be made by the resident through the city’s established application process. Temporary residential parking zone parking permits may be issued per direction by city administrator or designee. Fees shall be paid in accordance with the city’s fee schedule resolution. [Ord. 1624 § 1 (Att. A), 2021.]
10.10.080 Permit term.
A. The permit term for each annual permit to park in an established residential parking zone will be renewed and expire on a date as established by the city. Renewal fees shall be paid in accordance with the city’s fee schedule resolution.
B. Residential parking permits may be renewed by residents upon registration renewal in the database and payment of fees as set out in the city’s fee schedule resolution on or before the expiration of the permit term. [Ord. 1624 § 1 (Att. A), 2021.]
10.10.090 Digital permits.
Residential parking zone permits and temporary permits are stored in the city’s database immediately upon vehicle registration. Vehicles are not required to display a visual permit, as the license plate is used to identify a registered vehicle. Vehicles parked on street in a residential parking zone must have a readable license plate. [Ord. 1624 § 1 (Att. A), 2021.]
10.10.100 Expiration of permits.
A. A permit expires and is void on the expiration of the permit term.
B. A permit expires and is void when the permittee no longer resides within the established residential parking zone or when the motor vehicle for which the permit is issued is sold, transferred, demolished, or otherwise no longer in use by the permittee to whom the permit was issued, unless transferred in accordance with LMC 10.10.110. [Ord. 1624 § 1 (Att. A), 2021.]
10.10.110 Permit transfers.
A. A permit may be transferred to a new motor vehicle when the motor vehicle for which the permit was originally issued is sold, transferred, demolished, or in any other manner rendered unusable to the resident. The permittee shall notify the city of a change in status of the motor vehicle and complete an application for the new vehicle, paying such fees as set by the city’s fee schedule resolution.
B. A permit may be transferred if the permittee moves from one established residential parking zone to another established residential parking zone in the city. The permittee shall notify the city of a change of residence from one established zone to another, and paying such fees as set by the city’s fee schedule resolution. [Ord. 1624 § 1 (Att. A), 2021.]
10.10.120 Penalties.
A. Violation of any provision of this chapter is a civil infraction under LMC 10.08.180, Violation – Civil infraction – Parking infraction – Authority, and Chapter 10.12 LMC.
B. If payment of the parking infraction penalty is not made within the timeframe established in the city’s fee schedule resolution, and no appeal is made, the permit whether annual or temporary associated with the infraction will be deemed void and no new or renewed permit will be issued until the parking infraction and any incurred fees are paid in full. [Ord. 1624 § 1 (Att. A), 2021.]