Chapter 11.08 PARKING REGULATIONS

Pursuant to Article 11, Section 11 of the Constitution of the state of Washington and Title 46 of the Revised Code of Washington, and RCW 35.22.280 (7) and (30), the city enacts the ordinance codified as Chapter 11.08 MMC in the exercise of the police power, to protect the public health and safety and promote the general welfare of the community by:

(1) Making possible the use of on-street parking spaces by the maximum number of vehicles consistent with the demands of commerce;

(2) Minimizing the congestion and air pollution caused by slow-moving and recirculating motor vehicles;

(3) Accommodating the maintenance of public streets in a condition reasonably safe for public travel;

(4) Fostering the conduct of private and public commerce;

(5) Encouraging respect and general public obedience of the laws of the city and deterring repeated violations.

This chapter does not create nor otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these regulations. It is the specific intent of the regulations set forth in this chapter to place the obligation of compliance upon the registered owner, legal owner and driver of the vehicle and no provision or term used in these regulations is intended to impose any duty whatsoever upon the city or any of its officers, employees, or agents for whom the implementation or enforcement of these regulations shall be discretionary and not mandatory.

Nothing contained in these regulations is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, its officers, employees or agents, for any injury or damage resulting from the failure to comply with these regulations, or in consequence or in connection with the implementation or enforcement of these regulations, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of these regulations by its officers, employees or agents.

Notwithstanding any language used in this chapter, it is not the intent of this chapter to create a duty and/or cause of action running to any individual or identifiable person, but rather any duty is intended to run only to the general public. (Ord. 1912, 1992).

11.08.020 Definitions.

Unless otherwise provided or unless the context clearly requires a different meaning, the following terms shall have the meaning given to them herein:

“Alley” means a public highway not designed for general travel and used primarily as a means of access to the rear of residences and business establishments.

“Alley entrance” means that portion of the street which provides access to an alley through curb cut or a depression in the constructed curb or, when there is no constructed curb, that are in front of such alley as is well defined or is designated by authorized signs, markings or existing physical features. “Alley entrance” shall include an alley exit for one-way alleys.

“Bus” means every motor vehicle designed for carrying more than 10 passengers and used for transportation of persons, and every motor vehicle, other than taxicabs, designed and used for the transportation of persons for compensation.

“Bus stop” means a fixed portion of the highway parallel and adjacent to the curb and designated by a sign to be reserved exclusively for buses for layover in operating schedules or while waiting for, loading or unloading passengers; provided, that such bus provides regularly scheduled service within the city.

“Camper” means a structure designed to be mounted upon a motor vehicle and which provides facilities for human habitation or for temporary outdoor or recreational lodging.

“City” means the city of Marysville.

“City street” or “street” means every public highway or part thereof located within the limits of the city, except alleys.

“Crosswalk” means that portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or in the event there are no improved sidewalks, then between the intersection area and a line 10 feet therefrom, except as modified by a marked crosswalk.

“Curb” or “curb line” means the edge of a roadway, either marked by curbing construction or not.

“Fire exit” means that portion of any street contiguous to and opposite any outside court, corridor, passage, fire escape, exit or entrance door, or any other place adjacent to, or any door opening in an outer wall of any building containing, in whole or in part, any theater, public auditorium, church, dance hall or other public assembly through which the public must pass to leave such building.

“Fire zone” means an area of street in the vicinity of churches, schools, hospitals, theaters or other public buildings; and an area along curves, narrow streets and in alleys to facilitate unimpeded exit from such buildings by large numbers of persons and to facilitate adequate maneuvering room for fire apparatus at all times.

“Highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

“Intersection” means the area embraced within the prolongation of the lateral curb lines or, if there are no curbs, then the lateral roadway boundary lines of two or more streets which join one another at an angle, whether or not such streets cross one another. The junction of an alley with a street or highway shall not constitute an intersection for purposes of this ordinance.

“Legal owner” means a person having a security interest in a vehicle perfected in accordance with Chapter 46.12 RCW or the registered owner of a vehicle unencumbered by a security interest or the lessor of a vehicle unencumbered by a security interest.

“Loading zone” means a space reserved for the exclusive use of vehicles during the loading or unloading of property or passengers.

“Motorcycle” means every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.

“Motor home” means motor vehicles originally designed, reconstructed or permanently altered to provide human habitation.

“Motor vehicle” means every vehicle which is self propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

“Operator” or “driver” means every person who drives or is in actual physical control of a vehicle.

“Ordinance” means the city’s parking regulation ordinance codified in this chapter.

“Owner” means a person who has lawful right of possession of a vehicle by reason of obtaining it by purchase, exchange, gift, lease, inheritance or legal action whether or not the vehicle is subject to a security interest and means registered owner where the reference to owner may be construed as either to registered or legal owner.

“Park” or “parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of property or passengers.

“Parking enforcement officer” means an employee of the city under the direction of the police department who is responsible, along with the city’s police officers, to enforce the provisions of this chapter.

“Parking space” means any space which is duly designated for the parking of a single vehicle by appropriate markings on the pavement and/or the curb.

“Parking violation” means a traffic infraction which is the infringement of any parking regulation adopted by the city.

“Passenger loading zone” means a place reserved for the exclusive use of vehicles while receiving or discharging passengers.

“Planting strip” means the portion of a highway lying between the constructed curb and the property line exclusive of the sidewalk area.

“Police officer” means a law enforcement officer of the city of Marysville.

“Registered owner” means the person whose lawful right of possession of a vehicle has most recently been recorded with the Washington State Department of Licensing.

“Roadway” means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder, even though such sidewalk or shoulder is used by persons riding bicycles.

“Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is marked or indicated by painted marks, signs, buttons, standards or otherwise, so as to be plainly discernible.

“Sidewalk” means the property between the curb lines or for the lateral lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians.

“Stand” or “standing” means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.

“Stop” or “stopping” means any halting of a vehicle resulting in complete cessation from movement, even momentarily.

“Tow-away zone” means a portion of a street or alley that is signed or marked as a tow-away zone.

“Trailer” includes every vehicle without power designed for being drawn by or used in conjunction with a motor vehicle.

“Truck” means any motor vehicle designed or used for the transportation of commodities, merchandise, produce, freight or animals.

“Truck loading zone” means a designated portion of the street reserved for the exclusive use of truck-licensed commercial vehicles during the loading and unloading of materials.

“Vehicle” means every device capable of being moved upon a highway and in, upon or by which any person or property is or may be transported or drawn upon a public highway, including mopeds, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. For purposes of this chapter, the definition of vehicle encompasses, but is not limited to, motor vehicles, trailers, trucks and motorcycles. (Ord. 1912, 1992).

11.08.030 Stopping, standing or parking prohibited in specified places.

(1) Except when necessary to avoid conflict with other traffic, or in compliance with the law or the directions of a police officer or official traffic control device, no person shall:

(a) Stop, stand or park a vehicle:

(i) On the roadway side of any vehicle stopped or parked at the edge or curb of a street,

(ii) On a sidewalk or street planting strip,

(iii) Within an intersection,

(iv) On a crosswalk,

(v) 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,

(vi) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic,

(vii) Upon any bridge or other elevated structure upon a highway or within a highway tunnel,

(viii) On any railroad tracks,

(ix) In the area between roadways of a divided highway, including cross-overs,

(x) At any place where official signs prohibit stopping, or

(xi) Within any fire zone or fire exit;

(b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

(i) In front of a public or private driveway or within five feet of the end of the curb radius leading thereto,

(ii) Within 15 feet of a fire hydrant,

(iii) Within 20 feet of a crosswalk,

(iv) 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,

(v) Within 20 feet of the driveway entrance to any and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance when properly signed,

(vi) At any place where official signs prohibit standing, or

(vii) At any place where city barricades are placed;

(c) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers;

(i) Within 50 feet of the nearest rail of a railroad crossing, or

(ii) At any place where official signs prohibit parking;

(d) Reserve or attempt to reserve any portion of a street or alley for the purpose of stopping, standing, or parking to the exclusion of any other like person, nor shall any person be granted such right.

(2) Parking or standing shall be permitted in the manner provided by law at all other places except where a time limitation or parking restriction has been imposed.

(3) No one shall leave a vehicle, boat trailer, recreation trailer, camper, or other licensed or unlicensed vehicle or device parked for a period of time longer than three consecutive days on any public street or alley right-of-way.

(4) No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as is prohibited. (Ord. 3025 § 1 (Exh. A), 2016; Ord. 1912, 1992).

11.08.040 Stopping, standing or parking next to curb.

(1) Parallel Parking. Every vehicle standing or parked upon a two-way roadway shall have the right-hand wheels parallel to and within 12 inches of the right-hand curb or as close as practicable to the right edge of the right hand shoulder.

(2) Angle Parking.

(a) Upon those streets which have been signed or marked for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. The wheels nearest the curb or edge of the roadway shall be no more than 12 inches away from said curb or edge;

(b) No person shall stop, stand or park a vehicle in any space which has been signed or marked for angle parking so that the vehicle, or any portion thereof, extends into the traveled portion of the roadway so that the vehicle either obstructs, endangers or is likely to obstruct or endanger pedestrians or traffic.

(3) Parking on Grade. Notwithstanding the requirements set forth in this section, no person shall stand or park a vehicle upon any perceptible grade without first turning the front wheels to the curb or the side of the roadway. (Ord. 1912, 1992).

11.08.050 Improper stopping, standing or parking.

(1) No person shall stop, stand or park a vehicle in any designated parking space so that any part of such vehicle occupies more than one such space, protrudes beyond the markings designating such space or protrudes into the maneuvering lines.

(2) No person shall stop, stand or park a vehicle in any parking space for a period of time longer than the period allowed in that time zone. Once a vehicle remains in a parking space beyond the time which the time zone permits, each subsequent period of time for which the vehicle remains beyond the period of time allowed in that time zone shall constitute a separate violation.

(3) No person shall stop, stand or park a vehicle in any parking space which is designated “Motorcycle Only” unless the person stops, stands or parks a motorcycle as defined in MMC 11.08.020 within the designated parking space. Motorcycle spaces will be appropriately designated by the city’s traffic engineer.

(4) No person shall stop, stand or park a vehicle in any parking space which is designated “Small Cars Only” unless the person stops, stands or parks a small car as defined herein within the designated parking space. “Small cars” shall be those vehicles which can be stopped, stood or parked entirely within the markings on the pavement which outline the “Small Car Only” parking space. “Small Car Only” spaces will be appropriately designated by the city engineer. (Ord. 1912, 1992).

11.08.060 Stopping, standing and parking of buses and taxicabs.

(1) The operator of a bus shall not stand or park such vehicle upon any street or alley at any place other than a designated bus stop. This provision shall not prevent the operator of a bus from temporarily stopping in accordance with other stopping, standing or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers or their baggage.

(2) The operator of a taxicab shall not stand or park such vehicle upon any street or alley at any place other than in a designated taxicab stand. This provision shall not prevent the operator of a taxicab from stopping in accordance with other stopping, standing or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers.

(3) No person shall stop, stand or park a vehicle other than a bus in an officially authorized bus stop, or other than a taxicab in an officially authorized taxicab stand, except the driver of a passenger vehicle may temporarily stop there for the purpose of or while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such stop or stand. (Ord. 1912, 1992).

11.08.070 Parking for disabled persons – RCW 46.19.050 adopted by reference.

(1) RCW 46.19.050, Restrictions – Prohibitions – Violations – Penalties, is hereby adopted and incorporated by reference.

(2) A person who has received a current and valid special disabled person’s card, decal or license plate from the Washington State Department of Licensing under RCW 46.19.050 shall be allowed to park a vehicle being used to transport such person in parking meter spaces free of charge and for up to 24 hours in parking zones or areas which are otherwise restricted as to the length of time parking is permitted and up to three consecutive days in areas where there is no posted time limitation. Such person shall not be permitted the foregoing privilege unless the person obtains and displays a distinguishing card, decal or license plate issued pursuant to Chapter 46.19 RCW. This section shall have no application to those zones or areas in which the stopping, parking or standing of all vehicles is prohibited or which are reserved for special types of vehicles.

(3) No person shall stop, stand or park a vehicle in a parking space reserved for disabled persons provided on public property or on private property without charge without a special license plate, card or decal issued pursuant to Chapter 46.19 RCW. In addition to assessing the penalty identified in MMC 11.08.250, the police department may remove and impound the offending vehicle.

(4) A public parking space or stall for a disabled person shall be identified by a vertical sign, between 36 and 84 inches off the ground, with the international symbol of access, whose colors are white on a blue background, described under RCW 70.92.120 and the notice “State disabled parking permit required.”

(5) A parking space or stall for a disabled person shall also be identified by a painted white line at least four inches in width on the improved surface delineating the perimeter of the parking space or stall and a legend of the international symbol of access on the surface of the stall in white per city standards. (Ord. 3025 § 1 (Exh. A), 2016; Ord. 2962 § 1, 2014; Ord. 2374, 2001; Ord. 1912, 1992).

11.08.080 Parking for disabled persons – Private property.

Parking for disabled persons on private property may be regulated on private property in accordance with those provisions authorized by law including, but not limited to, RCW 46.19.050. (Ord. 2962 § 2, 2014; Ord. 2074 § 3, 1996; Ord. 1912, 1992).

11.08.090 Parking for certain purposes prohibited.

(1) No person shall park any vehicle upon any street or alley for the principal purpose of:

(a) Displaying of commercial, noncommercial or political signs;

(b) Displaying such vehicle for sale;

(2) No person shall park any vehicle upon any roadway for the principal purpose of washing, greasing or repairing such vehicle except repairs necessitated by an emergency. (Ord. 1912, 1992).

11.08.100 Parking in passenger loading zone.

No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger loading zone during hours when the regulations applicable to the loading zone are effective, and then only for a period not to exceed three minutes. (Ord. 1912, 1992).

11.08.110 Parking in loading zone.

(1) No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious unloading and delivery or pickup and loading of property in any place marked as a loading zone during hours when the provisions applicable to such zone are in effect. In no case shall the stop for loading and unloading of property exceed 30 minutes.

(2) The driver of a vehicle may stop temporarily at a loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter such zone to load or unload property. (Ord. 1912, 1992).

11.08.120 Parking in a tow-away zone.

No person shall stop, stand or park a vehicle in a place marked as a tow-away zone during hours when the provisions applicable to such zone are in effect. (Ord. 1912, 1992).

11.08.130 Parking in a fire lane.

No person shall stop, stand or park a vehicle in a place marked as a fire lane approved by the city. (Ord. 1912, 1992).

11.08.140 Parking not to obstruct traffic.

(1) No person shall park a vehicle upon a street in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for free movement of vehicular traffic.

(2) No person shall stop, stand or park a vehicle within an alley unless otherwise specifically permitted in this chapter. (Ord. 1912, 1992).

11.08.150 Parking in truck loading zone.

No person shall stop, stand or park a truck-licensed commercial vehicle for any purpose or length of time other than for the expeditious unloading and loading of property in a truck loading zone during the hours the zone restriction is in effect, and then in no case shall such parking for loading and unloading of property exceed 30 minutes. No person shall stop, stand or park a vehicle in a truck loading zone which vehicle is not a truck-licensed commercial vehicle. (Ord. 1912, 1992).

11.08.170 Moving and reparking vehicles to avoid time regulation.

No person shall move and repark a vehicle on either side of a street within the same block to avoid a parking time limit regulation specified for either side of the street in that particular block. (Ord. 2673, 2006; Ord. 1912, 1992).

11.08.180 Vehicle back to curb.

No person shall stop, stand or park a vehicle backed to the curb or at an angle to the curb on any city street except when specifically authorized by posted signs or painted parking stalls. (Ord. 1912, 1992).

11.08.190 Parking zones.

No person shall stop, stand or park a vehicle in a parking space beyond the time permitted by official signs. (Ord. 1912, 1992).

11.08.200 Parking recreational vehicles and trucks.

(1) No person shall park or park and detach any recreational vehicle (as defined in MMC 7.05.050) upon any street or alley; provided, however, a recreational vehicle may park on a city street for a maximum period of 24 hours, provided said recreational vehicle does not violate any parking restrictions (such as posted time zones) and meets all other parking regulations. It shall be a parking violation to move or re-park a recreational vehicle within two blocks of any location where the recreational vehicle has previously parked in a residential zone for up to the 24-hour limit provided in this section.

(2) A tractor-trailer combination may be parked only on the following streets: 47th Avenue NE south of the 1st Street Bypass. Unattached trailers and dollies of such combinations may be parked only where combinations are allowed to be parked. When parked, blocks must be placed under the trailer legs and the trailer must be marked with reflectorized devices that meet all industry standards. It is a violation to park in any other public rights-of-way.

(3) Trucks or tractor-trailer combinations may temporarily park within the untraveled portion of a city street or alley when property is actively being loaded or unloaded from such vehicle; or when the vehicle is a city vehicle or public utility vehicle providing a service to the public; or the vehicle is an emergency vehicle; or such vehicle is currently used at and is located at a specific location within a residential zone for the purpose of assisting in the providing of services such as construction, carpentry, plumbing or landscaping to such residence or location. (Ord. 3174 § 1 (Exh. A), 2021; Ord. 3078 § 1 (Exh. A), 2017; Ord. 2365 § 1, 2001; Ord. 2337 § 2, 2000; Ord. 2114, 1997; Ord. 1912, 1992).

11.08.210 Use of streets and alleys.

The purpose of city streets and alleys is to facilitate vehicular and pedestrian travel and provide corridors for utilities. Those uses which are inconsistent with this purpose are prohibited unless otherwise approved by the city through such processes as the right-of-way use permit or parade authorization process. Any use of a city street or alley in violation of this section shall constitute a traffic infraction. Any person found to have violated this section shall be subject to a fine of up to $500.00. (Ord. 1912, 1992).

11.08.220 Regulations not exclusive.

The provisions of this chapter imposing time limits on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. (Ord. 1912, 1992).

11.08.230 Enforcement of parking regulations.

(1) The parking regulations set forth in this chapter shall be enforced by the city’s police officers and the city’s parking enforcement officers. However, it shall be the primary responsibility of the parking enforcement officer to enforce this chapter, as well as any other parking regulations adopted by the city. The parking enforcement officer shall be an employee of the city under the direction of the city’s police department.

(2) Failure to perform any act required or the performance of any act prohibited by this chapter is designated as a parking violation and shall not constitute an infraction or a criminal offense, unless otherwise specifically indicated in this chapter.

(3) City police officers and city parking enforcement officers have the authority to issue a notice of parking violation when the parking violation is committed in the officer’s presence.

(4) If any vehicle is found parked, standing or stopped in violation of this chapter or otherwise violates the provisions of this chapter, the officer finding the vehicle shall take its license number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a notice of parking violation. A notice of parking violation represents a determination that a parking violation has been committed. The determination will be final unless contested as provided in this chapter.

(5) The police officers and parking enforcement officers in charge of the enforcement of the parking regulations of the city shall, and are authorized to, mark such vehicles parked, standing or stopped from time to time to aid in the enforcement of this chapter. Such mark shall be by chalk upon the tires of said vehicles or by some other convenient method that will not be injurious to or damage such vehicle. The marks so placed shall not be interfered with, concealed, obliterated or erased by any person other than a police officer or parking enforcement officer, while the same shall remain parked or standing at the place where so marked. It shall constitute a parking violation to interfere with, conceal, obliterate or erase any mark in violation of this section. (Ord. 1912, 1992).

11.08.240 Registered owner responsible – Presumption.

(1) Every person in whose name a vehicle is registered shall be responsible for any violation of this chapter caused by the parking, standing or stopping of said vehicle in violation hereof. It shall be no defense that the vehicle was parked illegally by another, unless proof is presented that said vehicle had been stolen and had not been returned to the registered owner by the date of the violation. This section shall not apply to registered owners transferring vehicle ownership who have complied with RCW 46.52.104 prior to the date of the violation.

(2) In any parking violation case involving a violation of this chapter relating to the stopping, standing or parking of a vehicle, proof that the particular vehicle described in the notice of parking violation was stopping, standing or parking in violation of any such provision of this chapter, together with proof of registered ownership of the vehicle at the time of the violation, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred provided the procedure for issuing a parking violation set forth in this chapter has been followed. (Ord. 1912, 1992).

11.08.241 Parking in public right-of-way – Vehicle requirements.

Any vehicle parked in a public right-of-way must have in full force and effect a current and proper vehicle registration and must display proper license plates or decals. (Ord. 3076 § 1, 2017).

11.08.250 Penalties.

(1) Unless specifically set forth elsewhere in this chapter, the penalties for each violation of the provisions of this chapter shall be:

(a) Overtime parking: $40.00;

(b) Unauthorized parking in alley: $40.00;

(d) Parking, stopping or standing in fire lane in violation of MMC 11.08.130: $175.00;

(e) Interfering with, concealing, obliterating or erasing marks in violation of MMC 11.08.230(5): $40.00;

(f) Unattended vehicles in violation of RCW 46.61.600(1): $25.00;

(g) Use of streets and alleys: $250.00;

(h) All other violations of this chapter: $40.00.

(2) If no response or payment is made within 15 calendar days from the date of issuance of the notice of parking violation, the penalty for each violation may be referred to a collection agency 30 days from the due date, or 15 days after the penalty is due, pursuant to RCW 3.02.045 and 19.16.500. The violator may be liable for any and all collection costs.

(3) The penalties set forth in subsection (1) of this section will be reduced in half if the parking violation is paid in person to the municipal court clerk’s office during the city’s business hours within 24 hours of the time and date of issuance. In the event the municipal court clerk’s office is not open for business the day following the date of issuance, the violator may make payment on the next city business day following the issuance of the ticket and still receive the reduced penalty.

(4) Payment of all parking violations shall be made to the municipal court clerk’s office. All proceeds derived from individuals charged with a violation of any of the provisions of this chapter shall be paid into the general fund of the city.

(5) Notwithstanding the language set forth in subsection (3) of this section, if a vehicle or a violator has been cited for five or more violations of this chapter and/or any other parking ordinance of the city within a six-month period, that vehicle or violator will not be eligible for reduction in the parking violation penalty set forth in subsection (3) of this section for a period of 180 days. (Ord. 2962 § 3, 2014; Ord. 2074 § 4, 1996; Ord. 1912, 1992).

11.08.260 Failure to comply with notice of parking violation.

(1) A request for a hearing or, in the alternative, payment shall be made within 15 calendar days of the date of issuance of parking violation.

(2) If the violator wishes to contest the notice of violation, the person shall request a hearing in writing to the municipal court. The court shall notify the violator in writing of the time, place and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement.

(3) If no request for a hearing or payment is made within 15 calendar days of the date of issuance of the notice of parking violation, the municipal court clerk’s office shall mail by first class mail a delinquency notice to the registered owner of the vehicle to which the notice was affixed, informing the owner of the violation and of the city’s intent to commence collection procedures.

(4) If no request for hearing or payment is made within 15 calendar days of the date of issuance of the parking violation, the registered owner of the vehicle is declared delinquent and the city may bring suit for judgment on the penalties plus costs of suit. The city may also turn this matter over to a collection agency.

(5) If no request for a hearing or payment is made within 15 calendar days of the date of issuance of the notice of parking violation, or if no payment is made within 15 calendar days of a decision by the municipal court judge affirming all or a part of a monetary penalty, or upon failure to appear for such hearing, the municipal court clerk may assess an additional penalty of $25.00 pursuant to RCW 46.63.110(3).

(6) If no request for a hearing or payment is made within 15 calendar days of the date of issuance of the notice of parking violation, or if no payment is made within 10 calendar days of a decision by the municipal court judge affirming all or a part of a monetary penalty, or upon failure to appear for such hearing, the municipal court clerk may forward an abstract of the parking violation record to the Department of Licensing for two or more such violations as provided by RCW 46.20.270(3); provided, any appeal to the superior court shall stay the forwarding of said abstract to the Department of Licensing as provided herein. (Ord. 2074 § 5, 1996; Ord. 1912, 1992).

11.08.270 Hearing to contest validity of notices or explain mitigating circumstances.

(1) Any individual receiving a notice of parking violation may explain mitigating circumstances or may contest the notice issued by requesting a hearing thereon with the municipal court judge.

(2) Upon receipt of a timely request for a hearing as is identified in MMC 11.08.260, the municipal court or designee shall set the matter for hearing on a municipal court mitigation calendar.

(3) The municipal court judge may, in his discretion, affirm, nullify or modify the notice of parking violation. In addition, the municipal court judge may, in his discretion, modify, waive, reduce or suspend the monetary penalty described for the violation. (Ord. 1912, 1992).

11.08.280 Municipal court judge administrative hearing examiner.

(1) Authority. The city’s municipal court judge and any judge pro tem is hereby specifically authorized to conduct hearings as set forth in this chapter and to affirm, nullify, modify, reduce or suspend a parking violation and any monetary penalty related thereto.

(2) Jurisdiction. The municipal court judge will be responsible for presiding over all hearings required by this chapter as well as other additional administrative matters over which he/she may be requested to preside.

(3) Powers. For purposes of this chapter, the municipal court judge shall have the power to:

(a) Administer oaths and affirmations, examine witnesses and receive evidence;

(b) Issue subpoenas upon the request of any party. The city attorney and the attorney of record are also authorized to issue subpoenas. When so required, the applicant for the subpoena shall show to the satisfaction of said individual the general relevance and reasonable scope of the evidence sought;

(d) Regulate the course of the hearing, including imposition of penalties for disruption of the orderly process or refusal to comply with lawful orders of the municipal court judge;

(e) Hold conferences for the settlement or simplification of the issues by consent of the parties;

(f) Make decisions which can be incorporated into findings of fact, conclusions of law and order of the municipal court judge and enter orders of default and consent orders;

(g) Appoint a pro tem to act in the judge’s absence; and

(h) Establish rules and procedures to conduct hearings consistent herewith.

(4) Contested Cases. In contested cases:

(a) The municipal court judge may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs. The municipal court judge shall give effect to the rules of privilege recognized by law. The municipal court judge may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence;

(b) All evidence including, but not limited to, records and documents in the possession of the municipal court judge of which he/she desires to avail himself/herself shall be offered and no other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference;

(c) Every party shall have the right of cross examination of witnesses who testify and shall have the right to submit rebuttal evidence;

(d) The municipal court judge may take notice of judicially recognizable facts.

(5) Notice to be Given. The municipal court judge shall see that interested parties are given proper notice of hearing.

(6) Judicial Review.

(a) The decision of the municipal court judge shall be final, subject only to appeal to Snohomish County Superior Court;

(b) Proceedings for review under this section shall be instituted by filing a petition in Superior Court. All petitions shall be filed within 30 days after the final decision of the municipal court judge. Copies of the petition shall be served on the city as in civil actions.

(c) The court may affirm the decision of the municipal court judge or remand the case for further proceedings; or it may reverse the decision if the substantial rights of the petitioner may have been prejudiced because the administrative findings, inferences, conclusions or decisions are:

(i) In violation of constitutional provisions, or

(ii) In excess of the statutory authority or jurisdiction of the municipal court judge. (Ord. 1912, 1992).

11.08.290 Rules and regulations.

The municipal court clerk’s office and the city’s police department are authorized to jointly promulgate rules and regulations necessary to administer this chapter and to receive and account for all sums paid under this chapter. (Ord. 1912, 1992).