Chapter 10.12 PARKING REGULATIONS

Except as modified below or clearly indicated otherwise by the text, all sections of Chapter 46.04 RCW, as now or hereafter amended, are adopted and incorporated by this reference. The following terms have the indicated meanings:

A. “Central business district (CBD)” means:

1. Mill Creek Boulevard between 164th St. S.E. and 156th St. S.E.

2. 158th St. S.E. cul-de-sac off Mill Creek Boulevard.

3. 159th Pl. S.E. cul-de-sac off Mill Creek Boulevard.

4. 9th Ave. S.E. from 164th St. S.E. to South Mill Creek city limits.

5. 161st St. S.E. between Mill Creek Boulevard and SR 527.

B. “Chief” means the chief of the Mill Creek police department or his/her designee.

C. “City” means the city of Mill Creek.

D. “City engineer” means the city engineer or his/her designee.

E. “City manager” means the city manager or his/her designee.

F. “Department” means the Mill Creek police department.

G. “Large vehicle” means any vehicle having a width exceeding seven feet, exclusive of outside mirrors.

H. “Maintain or repair” means any activity which requires a person to disassemble or reassemble, or mechanically or cosmetically improve or alter, any vehicle or parts thereof. Such activities include, but are not limited to, changing oil, antifreeze, power steering fluid, or any other internal fluid; performing complete or partial tuneups, mechanical repair, or similar work; painting, bodywork, or related activities; provided, however, that such activities do not include washing, waxing, or vacuuming a vehicle.

I. “Official sign” means any sign, symbol or marking authorized or permitted by this chapter.

J. “Public way” means any road, alley, lane, right-of-way, parking area, parking lot, or any place, private or otherwise, adapted to and fitted for travel, that is in common use by the public with the consent, expressed or implied, of the owner(s).

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

L. “Street” means any publicly maintained way and includes the entire width between the boundary lines thereof, including medians, sidewalks and planting strips.

M. “Trailer” means every nonmotorized device designed for being drawn by or used in conjunction with a vehicle and which is constructed so that no appreciable part of its weight rests upon or is carried by such vehicle. The term also includes what is commonly known as a “fifth-wheeler.”

N. “Vehicle” means any motorized or non-motorized device capable of being moved upon a public way and by which persons or property may be transported or drawn. Vehicle excludes devices moved solely by human power such as bicycles or wheelchairs.

10.12.020 Rules and regulations authorized.

The department shall recommend such rules and regulations as may be necessary to administer this chapter and the parking violations bureau of the city. Such rules and regulations shall become effective when approved and issued by the chief. “Issue” shall mean posting notice within the city of adoption and publication by summary in the city’s official newspaper.

10.12.030 Construction.

A. The provisions of this chapter are not intended to create and shall not create a cause of action or provide the basis for a claim against the city, its officials, or employees for the performance or failure to perform any action under this chapter. Any duty, obligation or action created or permitted by this chapter is intended to be and shall be construed to run in favor of the general public for its health, safety and welfare and not to any individual.

B. This chapter shall be liberally construed in order to effectuate its purposes.

Article II. Fire Lanes

10.12.040 Authorized – Designation.

The city manager may designate as a fire lane all or a portion of any roadway, driveway, alleyway, parking lot or public way, whether publicly or privately maintained.

10.12.050 Criteria for designation.

Designation of fire lanes is discretionary with the city manager and shall be based upon specific site requirements for access by fire, police and other public or emergency equipment.

10.12.060 Notification of designation – Marking.

Upon determining that an area should be designated as a fire lane, the city manager shall advise the owner or other entity having control of the area in writing about the designation and that public notice of the designation shall be given by the owner by painting, posting signs or symbols, or as otherwise directed by the city manager. The city manager shall consult with the city engineer to determine the appropriate means for marking the fire lane.

10.12.070 Owner to mark and maintain.

The owner or other entity having control of the area designated as a fire lane shall, within 14 days of being advised of the fire lane designation, give public notice of the designation by painting, posting signs or symbols, or such other method as directed by the city manager. The cost of giving public notice and maintaining the same to the city manager’s satisfaction shall be borne solely by the owner or other responsible entity.

10.12.080 Appeal of designation.

The owner or other responsible entity in control of a designated fire lane may appeal the designation to the city council by filing a written notice of appeal with the city clerk within 10 days of being advised of the designation. The owner’s responsibility to mark the fire lane shall be suspended until a final decision on the appeal has been made by the city council.

Article III. Stopping, Standing and
Parking Restrictions

10.12.090 Authority to designate no parking zones.

The chief may designate either or both sides of any street or public way or any portion thereof as a temporary no parking zone whenever required to enhance or protect the public health, safety or welfare. Whenever such a designation is made, the chief shall erect signs or place markings upon the pavement or curb as deemed appropriate by the chief to give notice that such area has been designated a no parking zone. For the purposes of this section, “temporary” shall mean no longer than six months.

10.12.100 Parking in no parking zone prohibited.

When any street or public way or any portion thereof has been designated as a no parking zone by the chief, no person shall stop, stand or park a vehicle for any purpose or length of time in violation of such designation.

10.12.110 Blocking fire lane prohibited.

No vehicle, object or thing shall be parked, stood or placed on or in such a manner as to obstruct, block or impede access to or use of any designated fire lane. In addition to any other penalty established by this chapter, any vehicle violating this provision shall be deemed an unauthorized vehicle and may be impounded pursuant to this chapter.

10.12.120 Parking over 24 hours prohibited.

No person shall stop, stand, park or store any vehicle at any location upon any street or public way for a period exceeding 24 consecutive hours. In addition to any other penalty established by this chapter, any vehicle violating this provision shall be deemed an unauthorized vehicle and may be impounded pursuant to this chapter.

10.12.125 Parking vehicle without current registration.

No person shall stop, stand, park or store any vehicle at any location upon any street or public way if such vehicle does not display (A) valid license plates and valid state tabs indicating that the vehicle is currently licensed and registered, or (B) other proof of current registration permitting use of the vehicle on the public roads. In addition to any other penalty established by this chapter, any vehicle violating this provision shall be deemed an unauthorized vehicle and may be impounded pursuant to this chapter.

10.12.130 Storage on streets or public ways prohibited.

No person shall stand, park, store, place or allow any thing, excluding motorized vehicles, upon any street or public way. This prohibition shall not apply to trailers when mounted on or attached to a vehicle. In addition to any other penalty established by this chapter, any thing violating this section shall be deemed an unauthorized vehicle and may be impounded pursuant to this chapter.

10.12.140 Parking in safety zone prohibited.

No person shall park, stand, stop or store any vehicle in any safety zone. In addition to any other penalty established by this chapter, any vehicle violating this provision shall be deemed an unauthorized vehicle and may be impounded pursuant to this chapter.

10.12.150 Parking in disabled parking stalls prohibited without permit.

No person shall stop, stand, park or store any vehicle in a disabled parking stall unless they possess a valid, current state disabled parking permit. In addition to any other penalty established by this chapter, any vehicle violating this provision shall be deemed an unauthorized vehicle and may be impounded pursuant to this chapter.

10.12.160 Adoption by reference of state parking statutes.

The following sections of the Revised Code of Washington, as now or hereafter amended, are adopted and incorporated by this reference as though set forth in full:

RCW

46.61.570 Stopping, standing, or parking prohibited.

46.61.575(1),

(2), (3) Additional parking regulations.

46.61.581 Disabled parking designation.

46.61.582 Free parking by disabled persons.

46.61.583 Disabled plates issued by other jurisdictions.

46.61.590 Unattended vehicles on highway.

10.12.165 Emergency actions by law enforcement officer authorized.

A law enforcement officer, or a public official having jurisdiction over the public property upon which a vehicle is located, may move or have moved to a place of safety or impound any vehicle located on or near any street or public way that in his or her determination presents a health, safety, accident or traffic hazard. If the driver of the vehicle is present and, in the officer’s or official’s determination, not impaired in any manner, the driver shall be given an opportunity to move the vehicle to a place of safety at the officer’s or official’s direction. If the driver of the vehicle is not present, or is, in the officer’s or official’s determination, impaired in any manner, or refuses to obey the officer’s or official’s directions, the officer or official may have the vehicle moved to a place of safety or may impound the vehicle at the driver’s or owner’s expense.

10.12.170 Maintenance and repair prohibited.

No person shall work on, maintain or repair any vehicle upon any street or public way except for emergency situations.

10.12.180 Large vehicles restricted.

A. No person shall stop, park or store any large vehicle in the central business district. In addition to any other penalty established by this chapter, any large vehicle violating this provision shall be deemed an unauthorized vehicle and may be impounded pursuant to this chapter.

B. No person shall stop, stand, park or store any large vehicle upon any street between the hours of 2:00 a.m. and 5:00 a.m. unless such person notifies the department in advance and obtains a permit from the department for such parking. In addition to any other penalty established by this chapter, any vehicle violating this provision shall be deemed an unauthorized vehicle and may be impounded pursuant to this chapter.

10.12.185 Extended parking permits authorized.

The department may issue a vehicle parking permit to any person submitting a request in person or by phone to the department. Such permits may be issued in any one month in either, but not both, of the following alternatives:

A. To any person or vehicle for a 24-hour period up to a maximum of four such periods per month. No permit will be issued to any person or vehicle for consecutive 24-hour periods.

B. To any person or vehicle for a 96-hour period up to a maximum of one such period per month.

Article IV. Impounding Vehicles

10.12.190 Impounding abandoned, unauthorized and junk vehicles – Adoption of state statutes by reference.

Pursuant to RCW 46.55.240, the following sections of the Revised Code of Washington, as now or hereafter amended, are adopted and incorporated by this reference as though set forth in full:

RCW

46.55.010 Definitions.

46.55.070 Posting requirements.

46.55.080 Law enforcement impound – General.

46.55.085 Law enforcement impound – Abandoned.

46.55.090 Storage and return – Personal belongings.

46.55.100 Impound notice – Reports.

46.55.110 Notice to owners.

46.55.113 Removal of vehicles.

46.55.120 Redemption of vehicles.

46.55.130 Notice requirements – Public auction.

46.55.230 Junk vehicle disposition.

10.12.192 Towing and impound services – Contracts.

A. Towing and impound services required by the city may be requested from and provided by any properly registered and qualified towing and impound operator.

B. The police chief is authorized to issue bid requests from time to time for towing and impound services on such terms and conditions as are necessary or appropriate. Award of a contract pursuant to this section shall be for a specified time period and shall be made upon recommendation of the police chief and approval of the city manager. (Ord. 2011-724 § 2)

10.12.195 Impoundment of vehicle when driver is arrested for driving while license is suspended or revoked.

Repealed by Ord. 2011-724. (Ord. 2006-646 § 1)

10.12.200 Declaration of public nuisance.

A. When any vehicle has been cited for any violation of this chapter and the parking infraction notice issued therefor has gone unpaid and the registered owner has failed to respond to a delinquency notice, then that vehicle shall constitute a public nuisance and may be abated and/or removed pursuant to this chapter.

B. Unauthorized or junk vehicles or parts thereof on private property are declared a public nuisance and may be abated and/or removed pursuant to this chapter.

10.12.210 Removal of vehicles which are public nuisances.

The following procedure may be used to remove any vehicle which constitutes a public nuisance under this chapter:

A. Notice of Removal. The department shall give written notice to the last registered vehicle owner and property owner of record on which the vehicle is located that the vehicle is a public nuisance and will be removed and sold at their expense unless a hearing is requested within 15 days of the date notice was given. If no hearing is timely requested, the right to a hearing is waived and the department may promptly dispose of the vehicle.

B. Notice of Hearing. If a hearing is timely requested, the department shall send to the property owner as shown on the last equalized assessment role and to the last registered and legal owner of the vehicle, if known, by certified mail with five-day return receipt requested, a notice of the time, location and date of the hearing on the question of abatement and removal of the vehicle. The hearing shall be conducted by the chief.

C. Hearing. The last registered and legal owner shall appear at the hearing in person. The property owner may appear in person or by written statement and shall deny or accept responsibility for the vehicle and state the reasons supporting denial. If the chief finds that the property owner did not give consent to placement of the vehicle and has not subsequently acquiesced in its presence, no costs of administration or removal of the vehicle may be assessed against the property owner.

D. Disposal. If, after the hearing as provided above, the chief finds that the vehicle is a public nuisance, or if the right to a hearing has been waived, the vehicle shall be removed at the department’s request and may be sold or wrecked. Written notice of such disposition shall be given to the Washington State Patrol and Department of Licensing. Costs of administration removal shall be charged against the property owner and/or last registered and/or legal owner, as appropriate.

E. Exemptions. This abatement procedure shall not apply to a vehicle or part thereof that is (1) completely enclosed within a building in a lawful manner and not visible from other public or private property, or (2) stored or parked in a lawful manner on private property in connection with a licensed vehicle dismantling or dealership business and fenced according to RCW 46.80.130.

Article V. Penalties and Enforcement

10.12.220 Registered owner responsible for vehicle.

Every person in whose name a vehicle is registered shall be responsible for any such vehicle found to be in violation of this chapter. It shall be no defense that the vehicle was parked illegally by another, unless proof is presented that the vehicle had been stolen and not returned to the registered owner by the date of the violation. This section shall not apply to registered owners who have transferred vehicle ownership prior to the violation date.

10.12.230 Penalties for violation.

Any person who violates any provision of this chapter for which no penalty is prescribed shall have committed a parking infraction and shall be assessed a monetary penalty not to exceed $250.00 for each such violation. The city hereby adopts a forfeitable penalty schedule for parking infractions, attached and incorporated as Table 10-3 and authorizes the reductions specified therein for timely payment. The city may enforce the penalty schedule through its parking violation bureau and/or may forward it to the south district court of Snohomish County.

Table 10-3

Parking Infractions

Penalty Schedule

The following parking infraction penalties are established pursuant to MCMC 10.12.230:


PARKING INFRACTION	CODE REFERENCE	PENALTY
In a marked handicap zone	MCMC 10.12.150	$250.00
Blocking a fire hydrant	MCMC 10.12.160	$100.00
Blocking a fire lane	MCMC 10.12.110	$100.00
Blocking a driveway	MCMC 10.12.160	$60.00
Double parking	MCMC 10.12.160	$60.00
Obstructing traffic	MCMC 10.12.160	$60.00
In a crosswalk	MCMC 10.12.160	$60.00
On a sidewalk	MCMC 10.12.160	$60.00
In a public park	MCMC 10.12.080	$60.00
On a planting strip/ median	MCMC 10.12.160	$60.00
Too close to a stop sign	MCMC 10.12.160	$30.00
Within or too close to an intersection	MCMC 10.12.160	$30.00
Wheels over 12 inches from curb	MCMC 10.12.160	$30.00
Posted area	MCMC 10.12.160	$30.00
Yellow curb	MCMC 10.12.160	$30.00
Marked bus zone	MCMC 10.12.160	$30.00
With left wheels adjacent to curb	MCMC 10.12.160	$30.00
All others		$30.00

Penalties established by this schedule shall be reduced by 50 percent if paid in full by 5:00 p.m. of the first business day following issuance.

10.12.235 Time periods constituting separate offense.

A separate violation of this chapter shall be deemed to have occurred when, after issuance of a citation, eight or more consecutive hours passes and there has been no change in the status of the offending vehicle.

10.12.240 Failure to mark or maintain fire lanes.

Failure by the owner or other entity having control of the area designated as a fire lane to comply with this chapter shall constitute a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $500.00 and shall not be subject to imprisonment in jail. Each separate day during which any violation occurs or continues shall constitute a separate violation, and upon conviction shall be punished as provided in this section.

10.12.250 Citation on illegally parked vehicle.

Whenever any vehicle or person is in violation of the provisions of this chapter, the department shall deliver a notice of parking infraction to the violator, or, in cases where a vehicle is found without a driver, shall conspicuously affix such notice to the vehicle. Such notice of parking infraction shall be on a form approved by the chief and shall indicate the charge, time of issuance, license number of the vehicle, identify the street upon which the violation occurred, and direct the violator to present the notice at the department or such other location as may be designated and pay the specified fine or request a hearing as may be specified on the notice.

10.12.260 Failure to comply with notice of parking infraction.

Any person who fails to respond to a notice of traffic infraction relating to parking by either (A) paying the amount of the penalty prescribed for the infraction within 15 days of the date of the notice in the manner specified on the notice, or (B) appearing at a hearing requested by the person to contest the notice of infraction, shall be assessed a monetary penalty of $25.00.

10.12.270 Tampering with parking enforcement.

Any person erasing, obscuring or obliterating chalk marks placed on vehicle tires by the department, or tampering with a notice of parking infraction or any other enforcement process authorized or required by this chapter, shall be guilty of a misdemeanor and shall be punished as provided in MCMC Title 1.

10.12.280 Traffic violation bureau authorized.

Recodified by Ord. 2006-640.