Chapter 10.08
PARKING OF MOTOR VEHICLES
Sections:
10.08.030 General restrictions and regulations.
10.08.035 Parking at city parks, city buildings, and on other city-owned properties.
10.08.040 Identification of no parking and restricted parking areas.
10.08.050 Prohibited parking areas.
10.08.060 Streets on which parking is prohibited.
10.08.070 Restricted parking zones.
10.08.075 Administration of parking payment zone and enforcement.
10.08.080 Changes to methods of parking, prohibited parking or restricted parking.
10.08.090 Residential parking permit zone.
10.08.095 Employee parking permit zone.
10.08.097 Nonpeak hour parking permit zone.
10.08.098 Resident parking pass.
10.08.120 Registered owner responsible—Presumption.
10.08.010 Purpose.
The purpose of this chapter is to regulate the parking of vehicles on public streets in order to protect the public safety and welfare by promoting safe and efficient movement of vehicular and pedestrian traffic, to provide for the most efficient use of limited parking spaces on city-owned property, and to minimize potential adverse impact of parked vehicles in residential and commercial areas. (Ord. 1365 § 1, 2015: Ord. 516 § 1 (part), 1985)
10.08.020 Definitions.
The following definitions shall be utilized in the interpretation and enforcement of this chapter:
A. “Street” means all public rights-of-way and other city-controlled parking areas and includes streets, avenues, ways, boulevards, drives, places, lanes, courts and commuter parking areas, except for alleys opened to the public for the use of vehicles.
B. “Parking, street” means the standing and/or stopping of a vehicle upon a street for a period of time in excess of two minutes, whether or not such vehicle is occupied and whether or not such vehicle is accompanied by an operator.
C. “Parallel parking” means parking vehicles at the edge of a street, headed in the direction of lawful traffic movement, so that the right-hand wheels are within and no greater than twelve inches from the curb or shoulder.
D. “Angle parking” means parking vehicles twenty feet or less in overall length at the edge of a street, headed in the direction of lawful traffic movement, with the vehicle at an angle of approximately forty-five degrees to the curb or street edge.
E. “Head-in parking” means parking a vehicle with its front against the curb or street edge so that the vehicle is oriented at approximately a ninety-degree angle to the curb or street edge.
F. “Truck” means any vehicle in excess of ten thousand pounds GVW (gross vehicle weight). (Ord. 1365 § 2, 2015; Ord. 1354 § 1, 2014: Ord. 516 § 1 (part), 1985)
10.08.030 General restrictions and regulations.
A. Method of Parking on Streets.
1. General Rule. Except as otherwise expressly authorized below, all vehicles within the city shall parallel park.
2. Exception for Angle Parking. The city council shall designate any streets on which angle parking will be permitted by resolution and such streets shall be so identified by traffic control signs and/or street markings.
3. Exception for Head-In Parking. The city council shall designate any streets on which head-in parking will be permitted by resolution and such streets shall be so identified by traffic control signs and/or street markings.
4. One Vehicle, One Space. No person shall park in such a way as to occupy parts of more than one parking space, or park a vehicle other than at the angle to the curb or edge of the street indicated by such markings.
B. Reservation of Street for Parking Prohibited. It shall be unlawful for any person to reserve or attempt to reserve any portion of a street for the purpose of stopping, standing or parking to the exclusion of any other person, nor shall any person be granted such right.
C. Parking for Certain Purposes Unlawful. No person shall park any vehicle upon any street for the principal purpose of:
1. Displaying advertising and/or campaigning;
2. Displaying such vehicle for sale;
3. Selling merchandise from such vehicle, except when authorized.
D. Unattended Vehicles in Ferry-Holding Lanes. No person shall leave a motor vehicle unattended in the ferry-holding lane designated on SR-525, or adjacent thereto, while ferries are being loaded or unloaded, or any time while vehicles are being parked and waiting for the next scheduled ferry.
E. Sleeping in Vehicles. It is unlawful to camp or sleep in a parked vehicle on any city street.
F. Overnight Parking of Recreational or Commercial Vehicles Prohibited in Residential Areas. It is unlawful to park the following types of trailers and/or vehicles on any street in the city within or abutting an area classified as residential by the official zoning ordinance between the hours of one minute after twelve midnight and six a.m.:
1. Motorhomes, campers, and all types of trailers designed to be drawn by a motor vehicle, including but not limited to boat trailers, trailer homes and mobile homes;
2. Vehicles over ten thousand pounds licensed gross vehicle weight, the principal use of which is the transportation of commodities, merchandise, produce, freight, animals, vehicles, passengers for hire, or which are used primarily in construction or farming, including but not limited to bulldozers, backhoes, tractors and cranes.
It is not necessary that restricted parking or other traffic signs be erected for the purpose of enforcing this section; provided, that only a warning ticket shall be issued for a first offense by a vehicle or operator.
G. Leaving Unattended Vehicle. No person having control or charge of a motor vehicle shall park such vehicle on any street unattended without first setting the brakes and stopping the motor of the vehicle and, when parked upon a perceptible grade, without turning the wheels of such vehicle to the curb or the side of the street so that, in the event of brake release or failure, such a vehicle will not move.
H. Parked Vehicle Obstructing Roadway. It is unlawful for any person to stop or park any vehicle upon a street in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway in the direction of lawful traffic movement for free movement of vehicular traffic, except temporarily during the actual loading or unloading of passengers, or when necessary to avoid traffic conflict, or in obedience to traffic regulations or traffic signs or signals, or a police officer.
I. Parking in Alleys. When, under the provisions of this chapter, it is unlawful to park in an alley, it is unlawful for any person to park in such alley any noncommercial vehicle, except for loading or unloading purposes, for periods in excess of five minutes unless a written permit first is secured from the chief of police. Commercial vehicles may stop or park in such restricted areas for loading or unloading purposes only.
J. Obstructing Curb Cuts and Driveways. No owner, driver, or other person having charge of any vehicle shall permit such vehicle to be parked alongside of or in front of any portion of any sidewalk on any street in the city where such portion of the sidewalk has been sloped from the street property line down to the level of the outer edge of the adjacent pavement for the purpose of permitting vehicles to cross such portion of the sidewalk in going to or from the street and any oil station, garage, or other place of business, or alongside of or in front of any portion of any sidewalk in the city where other provision has been made, with the consent of the city, for the vehicular crossing across such sidewalk, or in front of any private driveway in the city, which driveway has been established with the consent of the city.
K. Twenty-Four-Hour Parking Limit. No owner, driver or other person having charge of any vehicle shall permit such vehicle to stand or be parked in any street in the city for more than twenty-four consecutive hours. When any vehicle is parked or stands for a period exceeding twenty-four hours, the vehicle shall be deemed to constitute a hazard or obstruction to traffic or an abandoned vehicle and may be impounded accordingly.
L. Maintenance and Repair Prohibited. No person shall work on, maintain or repair any vehicle on any street or public right-of-way except for emergency situations.
M. No person shall stop, stand, or park a vehicle on a publicly maintained street, highway, alley, or public property within the city limits unless such vehicle displays license plates and possesses proper and current vehicle registration. (Ord. 1480 § 9, 2023; Ord. 1365 § 3, 2015; Ord. 1255 § 1, 2010: Ord. 708 § 38, 1991; Ord. 516 § 1 (part), 1985)
10.08.035 Parking at city parks, city buildings, and on other city-owned properties.
A. It is unlawful to park any car, truck, trailer, camper, boat trailer, or other vehicle at any city park, in the parking lot of any city building, or on any other city-owned property except in a designated parking space or parking area.
B. No person shall park any car, truck, trailer, camper, boat trailer, or other vehicle at any city park, in the parking lot of any city building, or on any other city-owned property except when actively engaged in utilizing such property for its intended purpose, i.e., utilizing a park for recreational purposes, transacting business with city personnel in a city building, or utilizing other city-owned property for its intended purpose.
C. No car, truck, trailer, camper, boat trailer, or other vehicle shall be parked at any city park, in the parking lot of any city building, or on any other city-owned property when the park, building, or other property is closed to the public; provided, that:
1. A vehicle may be parked temporarily at a city police or fire facility while the operator or occupant of the vehicle is reporting an emergency or otherwise communicating with police or fire personnel on the premises; and
2. For city parks, buildings, or other city-owned properties which have no established closing or opening time, no car, truck, trailer, camper, boat trailer, or other vehicle shall be parked on such property between the hours of dusk and 6:30 a.m., except in areas specifically designated for overnight or commuter parking.
D. For city-owned properties outside an established parking payment zone, the management services director or his/her designee is authorized to establish designated parking areas, parking time limits, and other restrictions on parking at city parks, in the parking lots of any city buildings, and on other city-owned property in order to ensure that such facilities are available to the public for their intended purposes and in order to prevent commuter parking, overnight parking, and other parking for non-city-related purposes. When official signs, markings or other devices are posted or placed at any city park, in the parking lot of any city building, or on any other city-owned property regulating the parking of vehicles, it shall be unlawful for any person to park a vehicle or cause a vehicle to remain in any such park, parking lot, or other property in violation of any such sign, marking, or other device.
E. The city council may establish fees for parking in certain areas. Such fees shall be established by resolution. When such fees are established, it shall be unlawful to park any car, truck, trailer, camper, boat trailer, or other vehicle in any area to which the fee applies without paying the required fee.
F. The regulations set forth in this section shall not apply to vehicles owned by the city. (Ord. 1365 § 4, 2015; Ord. 1104 § 1, 2004)
10.08.040 Identification of no parking and restricted parking areas.
The city engineer shall be responsible for identifying designated no parking and restricted parking areas or places by using appropriate signing and/or curb painting or lettering. It shall be unlawful for any person, company or private organization to paint curbs or paint on parking signs without the permission of the city engineer and in accordance with this chapter. No regulations imposing parking time limits or prohibiting parking shall be effective unless the signs and/or curb markings authorized in this chapter are in place at the time of any alleged violation or infraction.
A. “No parking” areas shall be so identified by a red painted curb and appropriate signage.
B. “Fire lane” shall be so identified by a red painted curb and/or appropriate signage prohibiting parking due to a fire lane.
C. “Loading zones” shall be so identified by a yellow painted curb with appropriate signage designating the loading zone.
D. “Handicapped parking” stalls shall be designated as such by appropriate markings.
E. “Bus loading” zones shall be identified by curb paint which alternates between five feet of yellow and five feet of red for the length of the zone, starting with yellow, and is also marked with a bus loading zone sign.
F. “Restricted parking” zones shall be so identified by a yellow painted curb and appropriate signage designating the parking restriction.
G. “Commuter parking” zones shall be so identified by appropriate signage.
H. “No truck parking” areas shall be so identified by a red painted curb and appropriate signage. (Ord. 1354 § 2, 2014: Ord. 516 § 1 (part), 1985)
10.08.050 Prohibited parking areas.
It shall be unlawful for the operator of a vehicle to park such vehicle in or on any of the following places, except when necessary to avoid conflict with other traffic, or to comply with other provisions of this code, or with the direction of a police officer or traffic control sign or signal, and each such area shall be appropriately marked with signs and/or curb paint where possible:
A. Within an intersection;
B. On a crosswalk;
C. Between a safety zone and the adjacent curb, or within twenty-five feet of points on the curb immediately opposite the end of a safety zone, unless some other distance is indicated by a sign as authorized in this chapter;
D. Within twenty feet of a crosswalk or of the intersection of property lines at street intersections;
E. Within thirty feet upon the approach to any flashing beacon, stop sign, traffic control signal or traffic devices located at the side of the roadway;
F. In front of or within fifty feet of the driveway entrance to any fire or police station, or within any marked fire zone area contiguous to such driveway, when properly signposted;
G. In front of or within fifteen feet of a fire hydrant;
H. In front of a public or private driveway, or within five feet of the end of the curb radius leading thereto;
I. On a sidewalk or street planting strip;
J. Alongside or opposite any street excavation or obstruction when such stopping, parking or angle parking would obstruct traffic;
K. In any alley, except that trucks or properly marked vehicles may park or angle park in alleys for such time, not in excess of thirty minutes, as may be necessary for the expeditious loading or unloading of such vehicles or the delivery or pickup of articles or materials;
L. Upon any bridge, overpass, underpass, trestle, or approaches thereto;
M. Within any space marked as a fire exit;
N. On 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 any outer wall of any building containing, in whole or in part, any theater, public auditorium, church, dance hall, or other place of public assembly through which the public must pass to leave such building while such building is being utilized for public gatherings; and it shall be incumbent upon and the duty of the owner or agent of the property used for the purpose herein specified to designate such prohibited areas by the placement of stanchions, signs or curb markings of the form and type satisfactory to the city engineer;
O. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
P. At any place where official traffic signs have been erected prohibiting parking;
Q. Outside the limits of the individual parking spaces (stalls) designated for vehicular nonmetered on-street parking by the public works department of the city;
R. Within thirty feet of the nearest rail of a railroad crossing;
S. At any place where all official signs prohibit stopping;
T. Within ten feet of a United States Postal Service mailbox or mailbox cluster between the hours of eight a.m. and six p.m., Monday through Saturday, except temporarily while engaged in the delivery or pickup of postal items and on postal holidays. (Ord. 1404 § 1, 2017: Ord. 1354 § 3, 2014: Ord. 516 § 1 (part), 1985)
10.08.060 Streets on which parking is prohibited.
A. It is unlawful to park in areas marked with “no parking” signs.
B. It is unlawful to park trucks in areas marked with “No Truck Parking” signs. (Ord. 1354 § 4, 2014: Ord. 516 § 1 (part), 1985)
10.08.070 Restricted parking zones.
A. Thirty-Minute Parking Zones. The owner or operator of a vehicle shall not park such vehicle for a longer continuous time than thirty minutes of any day in the areas marked with signs advising of such restriction.
B. One-Hour Parking Zones. The owner or operator of a vehicle shall not park such vehicle for a longer continuous time than one hour of any day in areas marked with signs advising of such restrictions, unless authorized by a parking permit issued by the city.
C. Two-Hour Parking Zones. The owner or operator of a vehicle shall not park such vehicle for a longer continuous time than two hours of any day in areas marked with signs advising of such restrictions, unless authorized by a parking permit issued by the city.
D. Four-Hour Parking Zones. The owner or operator of a vehicle shall not park such vehicle for a longer continuous time than four hours of any day in areas marked with signs advising of such restrictions, unless authorized by a parking permit issued by the city.
E. No Parking Between Two-Thirty a.m. to Four-Thirty a.m. Zone. The owner or operator of a vehicle shall not park such vehicle during the hours of two-thirty a.m. to four-thirty a.m. of any day in areas marked with signs advising of such restrictions, unless authorized by a parking permit issued by the city.
F. No Parking Between Eight a.m. and Four p.m. The owner or operator of a vehicle shall not park such vehicle during the hours of eight a.m. to four p.m. on any weekday in areas marked with signs advising of such restrictions, unless authorized by a parking permit issued by the city.
G. Loading Zones. The owner or operator of a vehicle shall not park in loading zones for any reason other than loading and unloading of passengers, products or packages, in areas marked as loading zones with signs and white curb paint advising of such restriction.
H. Bus Zones. The owner or operator of a vehicle shall not park in designated bus zones marked with signs and curb paint which is alternately yellow and red. The council shall designate such areas by resolution.
I. Handicap Zones. The owner or operator of a vehicle shall not park in a marked handicap parking zone on public or private property without an appropriate permit being displayed by the vehicle or operator. Any violation of this section shall be punishable as outlined in RCW, as it now reads or is hereinafter amended, and which is adopted by reference. If any fine amount is not paid within fifteen days, there shall be a twenty-dollar penalty added to the original amount.
J. Fire Lanes. The owner or operator of a vehicle shall not park such vehicle in fire lanes marked by red curb paint and/or signs advising of such restriction. The fire marshal or fire chief shall designate such areas.
K. Commuter Parking Zones. The owner or operator of a vehicle shall not park such vehicle in commuter parking zones designated as such by signs advising of such restriction without a commuter parking permit being properly displayed in accordance with city instructions. The council shall designate such areas by resolution.
L. Parking Near Centerline. No person shall park a vehicle at any place or in such a manner as to place any portion of the vehicle within ten feet of the centerline of any paved public street or right-of-way in the city, as determined by pavement marking.
M. No Parking During Normal School Hours Zone. No parking shall be permitted on any given day when the public school district is in session and normally operating. The owner or operator of a vehicle shall not park such vehicle during these normal school hours of any day in areas marked with signs advising of such restrictions, unless authorized by a parking permit issued by the city. The council shall designate such areas and times by resolution.
N. Paid Parking Zones. The owner or operator of a vehicle shall not park such vehicle during the hours of any day for areas marked with signs without paying the fee advising of such requirement, unless authorized by a parking permit issued by the city. The council shall designate such areas by resolution. (Ord. 1365 § 5, 2015; Ord. 1354 § 5, 2014: Ord. 1322 § 1, 2012; Ord. 1244 § 1, 2010: Ord. 1085 § 1, 2003; Ord. 1080 § 1, 2003; Ord. 842 § 2, 1995; Ord. 648 § 1, 1989; Ord. 622 § 2, 1988; Ord. 516 § 1 (part), 1985)
10.08.075 Administration of parking payment zone and enforcement.
A. Definitions.
1. “Parking payment device” means any device used to aid in management and control of the parking of vehicles on city streets or other rights-of-way and other city-owned property, including parking meters and pay stations.
2. “Parking meter” means any mechanical or electronic device placed or erected adjacent to a parking space, which, after payment either by deposit of money or use of a credit or other payment card, there is activation of the device which measures the period of time that occupancy of such parking space is allowed, and which indicates, electronically or mechanically, when the lawful parking period has expired.
3. “Parking pay station” means any mechanical or electronic device, except a parking meter, placed or erected on city streets and other parking areas under the jurisdiction of the city of Mukilteo for the purpose of managing and controlling the use of parking spaces and requiring payment for such use either by deposit of money or use of a credit or other payment card. The term includes both “pay and display” types of pay stations, which dispense a proof of payment receipt to be displayed on the vehicle, and “pay by space” types of pay stations, which electronically measure the lawful parking period and its expiration for specific parking spaces, without issuing a receipt for display on the vehicle.
B. Parking Rates.
1. The city council shall designate by resolution parking rates to be charged at parking payment devices, including parking meters, for parking in city-controlled parking areas under the jurisdiction of the city of Mukilteo and other city rights-of-way, consistent with this title.
2. In establishing parking rates, the city council shall consider the following objectives:
a. To maintain adequate turnover of on-street parking spaces and reduce incidents of meter feeding in commercial districts;
b. To encourage an adequate amount of on-street parking availability for a variety of parking users, efficient use of off-street parking facilities, and enhanced use of transit and other transportation alternatives; and
c. To reduce congestion in travel lanes caused by drivers seeking on-street parking.
C. Proper Display of Proof of Payment Receipt. It is unlawful to park or permit to be parked any vehicle in a space controlled by a “pay and display” parking pay station without properly displaying proof of payment as described in this section. For parallel parking on one- and two-way streets, proper display of proof of payment requires affixing the receipt dispensed by the parking pay station inside the vehicle to the front seat’s side window nearest the curb in such a manner that the expiration time and date are readily visible from the exterior. For front- and rear-end angle parking, “proper display of proof of payment” means affixing the receipt to the interior of the side window next to the driver’s seat of the vehicle in such a manner that the expiration time and date are readily visible from the exterior. For motorcycles, receipts shall be affixed on the headlight cover. No more than one receipt shall be displayed.
D. Parking Meters—Deposit of Coins and Time Limit.
1. No person shall park a vehicle in any parking space upon a street alongside of and next to which a parking meter has been installed during the restricted and regulated time applicable to the parking meter unless payment for such use either by deposit of money or use of a credit or other payment card has been deposited therein, or shall have been previously deposited therein for an unexpired interval of time, and the meter has been placed in operation.
2. No person shall permit a vehicle within his control to be parked in any parking meter space during the restricted and regulated time applicable to that meter space while the parking meter for such space indicates by signal that the lawful parking time in such space has expired.
3. This section shall not apply to the act of parking for the necessary time which is required to make payment by deposit of money or use of a credit or other payment card immediately thereafter in such meter.
E. Parking Violations at Parking Payment Devices.
1. No person shall stop, stand, or park, or permit a vehicle within his control to be parked, in any parking meter space while the parking meter for such space displays the words “Violation,” “Expired,” or the international symbol for “No Parking,” or otherwise indicates that the meter is out of order; provided, that this section does not apply to a vehicle properly displaying an unexpired valid proof of payment receipt issued by a parking pay station.
2. No person shall stop, stand or permit a vehicle within his control to be parked in any parking space controlled by a “pay and display” parking pay station without displaying on the vehicle an unexpired proof of payment receipt issued by a parking pay station.
3. No person shall stop, stand or permit a vehicle within his control to be parked in any parking space controlled by a “pay by space” parking pay station beyond the amount of time purchased for that space.
4. It is unlawful to park or permit to be parked any vehicle in a space controlled by a “pay by space” parking pay station without payment properly recorded as described by the instructions posted on the parking payment device.
5. The prohibitions in this section shall not apply to the act of parking or to the necessary time required to activate the time on the parking meter or to obtain a parking pay station receipt, or as indicated by signposting.
F. Enforcement. It is the function of the police department to enforce this chapter and all of the state motor vehicle laws applicable to traffic in the city, to make arrests and/or issue citations for traffic offenses, to cooperate with other officers of the city in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those functions specially imposed upon the police department by this chapter and other traffic ordinances of the city.
G. Violations as Traffic Infractions. Failure to perform any act required or the performance of any act prohibited by this chapter is designated as a traffic infraction and may not be classified as a criminal offense.
H. Parking Notices. Whenever any motor vehicle without an operator is found parked, standing or stopped in violation of this chapter, the officer finding it may take its registration number and any other information displayed on the vehicle which may identify its user, and shall fix conspicuously to such vehicle a notice of traffic infraction or other violation and penalty notice adopted by the city of Mukilteo.
I. Notice of Traffic Infraction—Determination— Response. A notice of traffic infraction represents a determination that an infraction has been committed. The determination will be final unless contested as provided in this chapter.
J. Response to Notice of Traffic Infraction—Contesting Determination—Hearing—Failure to Appear.
1. Any person who receives a notice of traffic infraction shall respond to such notice as provided in this section within fifteen days of the date of the notice.
2. If the person determined to have committed the infraction does not contest the determination the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the Snohomish County District Court, Everett Division. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court’s records, and a record of the response and order shall be furnished to the Department of Licensing in accordance with RCW 46.20.270.
3. If the person determined to have committed the infraction wishes to contest the determination the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the Snohomish County District Court, Everett Division. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than fifteen days from the date of the notice, except by agreement.
4. If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the Snohomish County District Court, Everett Division. The court shall notify the person in writing of the time, place, and date of the hearing.
5. In any hearing conducted pursuant to subsection (J)(3) or (4) of this section, the court may defer findings, or in a hearing to explain mitigating circumstances may defer entry of its order, for up to one year and impose conditions upon the defendant the court deems appropriate. Upon deferring findings, the court may assess costs as the court deems appropriate for administrative processing. If at the end of the deferral period the defendant has met all conditions and has not been determined to have committed another traffic infraction, the court may dismiss the infraction. A person may not receive more than one deferral within a seven-year period for traffic infractions for moving violations and more than one deferral within a seven- year period for traffic infractions for nonmoving violations.
6. If any person issued a notice of traffic infraction:
a. Fails to respond to the notice of traffic infraction as provided in subsection (J)(2) of this section; or
b. Fails to appear at a hearing requested pursuant to subsection (J)(3) or (4);
the court shall enter an appropriate order assessing the monetary penalty prescribed for the traffic infraction and any other penalty authorized by this chapter and shall notify the Department of Licensing in accordance with RCW 46.20.270 of the failure to respond to the notice of infraction or to appear at a requested hearing.
K. Hearing—Contesting Determination That Infraction Committed—Appeal.
1. A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury.
2. The court may consider the notice of traffic infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer’s personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the officer, and has the right to present evidence and examine witnesses present in court.
3. The burden of proof is upon the city to establish the commission of the infraction by a preponderance of the evidence.
4. After consideration of the evidence and argument, the court shall determine whether the infraction was committed. Where it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the court’s records. Where it has been established that the infraction was committed, an appropriate order shall be entered in the court’s records. A record of the court’s determination and order shall be furnished to the Department of Licensing in accordance with RCW 46.20.270 as now or hereafter amended.
5. An appeal from the court’s determination or order shall be to the superior court. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure.
L. Hearings—Explanation of Mitigating Circumstances.
1. A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances.
2. After the court has heard the explanation of the circumstances surrounding the commission of the infraction an appropriate order shall be entered in the court’s records. A record of the court’s determination and order shall be furnished to the Department of Licensing in accordance with RCW 46.20.270 as now or hereafter amended.
3. There may be no appeal from the court’s determination or order.
M. Owner Responsible for Stopping, Standing, Parking, or Alarm Violation.
1. In any traffic infraction case involving a violation of this title relating to the stopping, standing or parking of a vehicle, or the sounding of an audible alarm, proof that the particular vehicle described in the notice of traffic infraction was stopping, standing or parking or emitting an audible alarm in violation of any such provision in this title, 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 or was responsible for the failure to turn off the audible alarm as required.
2. The foregoing stated presumption shall apply only when the procedure prescribed in subsection H of this section has been followed.
3. If a car rental agency declares that the vehicle was under lease at the time of the violation, and supplies the name and address of the lessee, there shall be a prima facie presumption that the lessee so identified parked or placed the vehicle at the point where the violation occurred, or was responsible for the failure to turn off the audible alarm as required. (Ord. 1365 § 6, 2015; Ord. 1244 § 2, 2010)
10.08.080 Changes to methods of parking, prohibited parking or restricted parking.
Any person, firm or public or private agency requesting changes to the method of parking, prohibited parking, or restricted parking shall make application to the city engineer stating the type of change and the reason for such. Such requests, in conjunction with a report providing pertinent information and a recommendation from the city engineer, shall be presented to the council for their review and action. Any changes to the method of parking, and prohibited and/or restricted parking shall require an amendment by ordinance or resolution. (Ord. 516 § 1 (part), 1985)
10.08.090 Residential parking permit zone.
A. Creation of a Residential Parking Permit Zone. There is established a residential parking permit zone corresponding to a boundary to be established by city council resolution to provide relief from parking restrictions pursuant to Section 10.08.070(D), (E), (F) or (M).
B. Parking Restriction within Zone. No person or party shall park any vehicle, trailer, or other piece of equipment within restricted parking zones during the restricted hours (as may be established by city council resolution), except by residential or guest permit. When properly issued and displayed, a residential or guest parking permit shall exempt a specified vehicle, while parked within a specific limited parking zone for which the permit was issued, from citation for parking longer than the posted time limit, or within the restricted time limit for that particular zone, and no other. The permit shall not guarantee a parking space, nor shall it exempt the vehicle or operator from observing zones where parking is restricted or prohibited at all times, as well as all other regulations contained in this chapter. Appropriate traffic control signs shall be posted in the restricted zone so as to give notice to operators of vehicles of the parking restrictions imposed by this section.
C. Application for Residential Permit.
1. Eligibility. Persons residing on properties that abut streets within the restricted parking permit zone may apply to the Mukilteo department of planning and community development, during regular business hours, for residential permits for registered and licensed vehicles with a licensed gross weight of less than five tons owned and under the legal control of the resident.
2. Authorization to Issue Parking Permits. The planning and community development director or his designee is authorized to issue residential parking permits only to qualified residents who meet the eligibility requirements and who own and/or have legal control of a motor vehicle and who have insufficient off-street parking spaces.
3. Annual Residential Parking Permit Application Form. Application shall be made on a form provided by the department of community development.
D. Form, Use and Validity of Residential Parking Permits.
1. Permits which are issued shall contain the following information:
a. The make, model, color, year, license plate number and registration of the vehicle;
b. The limited parking zone for which it is issued; and
c. The expiration date of the permit.
2. Validity. Permits shall be valid only for the vehicle for which they are issued, only in the zone designated, and only so long as the permit holder retains the vehicle and resides at the address specified in his or her application.
3. Expiration. Permits shall be issued annually and be valid for the current calendar year, so long as the permit holder retains the permit vehicle and resides at the address specified in his or her permit application.
E. Guest Permit.
1. In addition to residential permits, each residence within the residential parking zone shall be entitled to guest permits to be used exclusively by guests of the resident. Guest permits shall be issued by the Mukilteo department of planning and community development at such time as application is made for a residential permit, and shall be valid for the same time period.
2. Guest Permits in the Downtown Business District and Waterfront Mixed Use District. The city may issue guest permits to hotel/motel operators within the “four-hour” and “two-thirty a.m. to four-thirty a.m. no parking zones” under the following conditions:
a. Permits shall only be issued for the use of overnight guests of the hotel or motel;
b. The city shall issue the minimum number of guest permits necessary to accommodate the overnight guests, and in no event shall the city issue more guest permits than the number of on-street parking spaces which are credited towards meeting the entity’s parking requirements.
F. Display of Permit. Residential permits shall be permanently affixed as shown on the permit. Guest permits shall be displayed on the dashboard of the vehicle.
G. Fees. Fees for residential parking permits shall be established by resolution. No fee shall be charged for guest permits.
H. Unlawful Acts. It shall be unlawful for any person to do any of the following:
1. To make any false or misleading statement in application for a permit;
2. To transfer the permit to another person or vehicle;
3. To fraudulently alter or create a permit or visitor’s permit in any respect whatsoever;
4. To improperly display the permit or visitor’s permit, or to violate any terms or conditions under which the permit or visitor’s permit was issued;
5. To use or place the permit on any vehicle other than that for which the permit is issued;
6. To use or permit to be used a revoked or suspended permit; or
7. To rent or sell residential permits.
I. Revocation of Permits. Permits and/or visitor’s permits may be revoked by the community development director for any of the following reasons:
1. The permit holder has made any false, misleading or incomplete statement in the application;
2. Violation of any of the provisions of this chapter; or
3. Over-issuance of permits; provided, however, that in the event of revocation for over-issuance, priority shall be given to providing one permit per dwelling unit. (Ord. 1322 § 2, 2012; Ord. 1244 § 3, 2010: Ord. 1086 § 1, 2003; Ord. 1085 § 2, 2003; Ord. 1082 § 1, 2003; Ord. 944 § 1, 1998; Ord. 622 § 3, 1988: Ord. 516 § 1 (part), 1985)
10.08.095 Employee parking permit zone.
A. Creation of Employee Parking Permit Zone. There is established an employee parking permit zone corresponding to a boundary to be established by city council resolution to provide relief from parking restrictions pursuant to Section 10.08.070(D) or (E).
B. Parking Restriction within Zone. No person or party shall park any vehicle, trailer, or other piece of equipment within restricted parking zones for longer than the posted time of any day, except by employee permit. When properly issued and displayed, an employee parking permit shall exempt a specified vehicle, while parked within a specific limited parking zone for which the permit was issued, from citation for parking longer than the posted time limit for that particular zone, and no other. The permit shall not guarantee a parking space, nor shall it exempt the vehicle or operator from observing zones where parking is restricted or prohibited at all times, as well as all other regulations contained in this chapter. Appropriate traffic control signs shall be posted in the restricted zone so as to give notice to operators of vehicles of the parking restrictions imposed by this section.
C. Application for Employee Permit.
1. Eligibility. Business owners in the waterfront mixed use and downtown business districts with an active Mukilteo business license may apply to the Mukilteo department of planning and community development, during regular business hours.
2. Employee permits shall be distributed and accounted for by the business owner for use by employees. Permits shall be displayed only in vehicles under the legal control of the employee or business owner which:
a. Have a licensed gross weight of less than five tons; and
b. Only during hours when the employee or business owner is working at the business in the waterfront mixed use and downtown business districts.
3. Authorization to Issue Parking Permits. The planning and community development director or designee is authorized to issue employee parking permits only to qualified business owners who meet the eligibility requirements.
4. Biannual Employee Parking Permit Application Form. Application shall be made on a form provided by the department of planning and community development.
D. Form, Use and Validity of Employee Parking Permits.
1. Permits which are issued shall contain the following information:
a. The limited parking zone for which it is issued; and
b. The expiration date of the permit.
2. Validity. Permits shall be valid only in the zone designated and only so long as the permit holder operates a business at the address specified in his or her application and maintains an active Mukilteo business license.
3. Expiration. Permits shall be issued biannually and be valid for the current calendar year, and the calendar year thereafter, so long as the permit holder operates a business at the address specified in his or her application and maintains an active Mukilteo business license.
E. Display of Permit. Employee permits shall be affixed as shown on the permit.
F. Fees. Fees for employee parking permits shall be established by resolution.
G. Unlawful Acts. It shall be unlawful for any person to do any of the following:
1. To make any false or misleading statement in application for a permit;
2. To fraudulently alter or create a permit in any respect whatsoever;
3. To improperly display the permit, or to violate any terms or conditions under which the permit was issued;
4. To use or place the permit on any vehicle other than one controlled by an employee or business owner during hours when that person is working at the place of business;
5. To use or permit to be used a revoked or suspended permit; or
6. To rent or sell employee permits.
H. Revocation of Permits. Permits may be revoked by the planning and community development director for any of the following reasons:
1. The permit holder has made any false, misleading or incomplete statement in the application;
2. Violation of any of the provisions of this chapter; or
3. Over-issuance of permits; provided, however, that in the event of revocation for over-issuance, priority shall be given to providing one permit per business. (Ord. 1244 § 4, 2010)
10.08.097 Nonpeak hour parking permit zone.
A. All persons and businesses may apply for nonpeak hour parking permits for use in nonpeak hour permit zones to be established by resolution.
B. The public works director or his designee is authorized to issue nonpeak hour parking permits upon receipt of a properly completed application and payment of any required application and permit fees. The number of annual permits to be issued shall be established by resolution. In the event more applications are received than permits are available, issuance shall be on a lottery basis. Application fees are nonrefundable.
C. Form, Use and Validity of Nonpeak Hour Parking Permits.
1. Permits which are issued shall contain the make, model, color, year, license plate number and registration of the vehicle and the expiration date of the permit.
2. Validity. Permits shall be valid only for the vehicle for which they are issued.
3. Expiration. Permits shall be issued annually and be valid for one calendar year, so long as the permit holder retains the permitted vehicle. There is no refund for return of permits.
D. Display of Permit. Nonpeak hour parking permits shall be permanently affixed as shown on the permit.
E. Fees. Fees for nonpeak hour parking permits shall be established by resolution.
F. Unlawful Acts. It shall be unlawful for any person to do any of the following:
1. To make any false or misleading statement in application for a permit;
2. To transfer the permit to another person or vehicle;
3. To fraudulently alter a permit or visitor’s permit in any respect whatsoever;
4. To improperly display the permit or visitor’s permit, or to violate any terms or conditions under which the permit or visitor’s permit was issued;
5. To use or place the permit on any vehicle other than that for which the permit is issued;
6. To use or permit to be used a revoked or suspended permit; or
7. To rent or sell nonpeak hour parking permits.
G. Revocation of Permits. Permits may be revoked by the public works director if the public works director has determined the permit holder has made any false, misleading or incomplete statement in the application, or for violation of any of the provisions of this chapter.
H. Owners of vehicles displaying a valid nonpeak hour parking permit are not subject to the twenty-four-hour parking limitation set forth in Section 10.08.030(K) or the prohibition on parking between two-thirty a.m. to four-thirty a.m. set forth in Section 10.08.070(E) when parked in street spaces allowing use of the nonpeak hour permit.
I. Issuance of a nonpeak hour parking permit in no way authorizes parking of a vehicle in any areas when posted by the city as no parking. (Ord. 1244 § 5, 2010)
10.08.098 Resident parking pass.
A. Application for Resident Parking Pass.
1. Eligibility. Persons residing within the city limits may apply to the Mukilteo department of planning and community development, and Rosehill community center, during regular business hours, for a resident parking pass for registered and licensed vehicles with a licensed gross weight of less than five tons owned and under the legal control of the resident.
2. Authorization to Issue Parking Pass. The planning and community development director or his/her designee is authorized to issue resident parking passes only to qualified residents who meet the eligibility requirements and who own and/or have legal control of a motor vehicle.
3. Annual Resident Parking Pass Application Form. Application shall be made on a form provided by the department of community development.
B. Form, Use and Validity of Resident Parking Pass.
1. Passes shall contain the following information:
a. The license plate number and registration of the vehicle;
b. The expiration date of the pass.
2. Validity. Passes shall be valid only for the vehicle for which they are issued and only so long as the pass holder retains the vehicle and resides at the address specified in his or her application.
3. Expiration. Passes shall be issued annually and be valid as specified on the pass, so long as the pass holder retains the registered vehicle and resides at the address specified in his or her pass application.
4. Change of Vehicle. If a pass holder changes vehicles within the city limits, they may request a new resident parking pass by returning the old pass and showing the license plate number and registration of the new vehicle. If the pass holder no longer resides within the city limits, the pass shall be returned to the city.
C. Display of Pass. Resident parking passes shall be displayed on the rearview mirror of the vehicle.
D. Fees. Fees for resident parking passes shall be established by resolution.
E. Unlawful Acts. It shall be unlawful for any person to do any of the following:
1. To make any false or misleading statement in application for a pass;
2. To transfer the pass to another person or vehicle;
3. To fraudulently alter or create a pass in any respect whatsoever;
4. To violate any terms or conditions under which the pass was issued;
5. To use or place the pass on any vehicle other than that for which the pass is issued;
6. To rent or sell passes.
F. Revocation of Passes. Passes may be revoked by the planning and community development director if the pass holder has made any false, misleading or incomplete statement in the application or in the event of violation of any of the provisions of this section. (Ord. 1365 § 7, 2015)
10.08.100 Special permits.
The city engineer is authorized to issue, after consultation with the police department, special permits allowing deviation, for a limited time, from the requirements of this chapter. Such permits shall be issued only after written request setting forth the necessity for the deviation, and after a finding that such action will not create an undue hazard. Such permits may be issued for reasons including, but not necessarily limited to, the following:
A. Allowing service vehicles to reserve parking space adjacent to a temporary work site;
B. Facilitating the loading, unloading or movement of buildings or other oversize loads;
C. Facilitating authorized construction work on street rights-of-way or adjacent property;
D. The city engineer, after consultation with the police department and with the approval of the city council, shall issue permits for parades and processions approved by the city council pursuant to RCW 46.90.469;
E. Permits issued under this section shall be subject to such terms and conditions as the city engineer may prescribe. Failure to comply with such terms and conditions constitutes a violation of this chapter; and
F. Fees shall be set in amounts which will recover any costs of administration and enforcement, and shall be established by resolution. (Ord. 516 § 1 (part), 1985)
10.08.110 Enforcement.
The parking regulations set forth in this chapter shall be enforced by the city’s police chief, by and through uniformed officers and parking enforcement officers who are employees of the city under the direction of the chief. (Ord. 656 § 1 (part), 1989: Ord. 516 § 1 (part), 1985)
10.08.120 Registered owner responsible—Presumption.
In any case involving a violation of the city’s parking regulations contained in this chapter, proof of registered ownership of the vehicle found to be in violation shall constitute a prima facie presumption that the registered owner of the vehicle was the person who committed the violation, unless there is a preponderance of evidence of one of the following:
A. The vehicle has been reported stolen before the date of the violation, and had not been returned to the registered owner by the date of the violation;
B. The registered owner had transferred the vehicle ownership in compliance with RCW prior to the date of the violation; or
C. The party having custody of the vehicle at the time of the violation admits liability therefor, accepts amendment of the notice of infraction, and pays the applicable penalty. (Ord. 1354 § 6, 2014: Ord. 656 § 1 (part), 1989: Ord. 516 § 1 (part), 1985)
10.08.130 Penalties.
A. Notice of Violation. Unless another penalty is specifically provided elsewhere in this chapter, any person violating any provisions of this chapter shall have committed a parking infraction, punishable by a monetary penalty of fifty dollars. If the parking infraction is not responded to thirty days from date issued or thirty-three days from the date the notice is mailed, there shall be added a twenty-dollar penalty to the original fine for a total amount due of seventy dollars. On the thirty-fifth day, the city shall send a second reminder notice (the original infraction being the first such notice) of the original amount due, and the added penalty. All traffic infractions shall be processed in the manner provided in accordance with Chapter 46.63 RCW.
B. Circumstances Authorizing Impoundment. Pursuant to RCW 46.55.010(14) and 46.55.240, any law enforcement officer may direct a registered tow truck operator to impound any vehicle which the officer knows, or has reason to believe:
1. Has received three or more unpaid notices of violation for parking in a commuter parking zone within the previous six months, if the officer has verified that there has been compliance with the notice requirements of this section;
2. Has received three or more unpaid notices of violation for parking in violation of any other provision of this chapter;
3. Is creating a substantial risk to public health, safety or welfare, regardless of whether any previous notice of violation has ever been issued;
4. Is parked in a disabled space or handicap zone, or in violation of a fire lane or in violation of a posted “no parking at any time zone,” regardless of whether any previous notice of violation has ever been issued; or
5. Is parked at a city park, in the parking lot of a city building, or on other city-owned property in violation of a restriction established under Section 10.08.035.
C. Impoundment and Release Procedure. In accordance with RCW, all vehicles so impounded shall be taken to the nearest storage location available to the tow truck operator. The officer shall mail the legal and registered owner notice of the impoundment of the vehicle by first-class mail within twenty-four hours after the impoundment. The notification shall include the name, address, and telephone number of the impounding tow firm and the location and time of the impound, as well as the name and badge number of the officer granting authority for an impoundment. All expenses of towing and storage, as well as the amount of all unpaid notices of violation, shall be borne by the owner of the vehicle and shall be paid by such owner to the towing or storage operator. No liability shall attach to the city, or any of its agents, for damages arising from such impoundment; provided, that the city may provide for release of an impounded vehicle by means of a promissory note in lieu of immediate payment, if at the time of redemption the legal or registered owner requests a hearing on the validity of the impoundment. In such cases, the city shall pay the charges to the registered tow truck operator within thirty days of release and shall be reimbursed, if it prevails, by the promissory note of the legal or registered owner requesting a hearing. (Ord. 1471 § 1, 2023; Ord. 1450 § 1, 2021; Ord. 1386 § 1, 2016: Ord. 1354 § 7, 2014: Ord. 1278 § 1, 2011; Ord. 1244 § 6, 2010: Ord. 1104 § 2, 2004; Ord. 842 § 1, 1995; Ord. 656 § 1 (part), 1989: Ord. 570 § 1, 1987; Ord. 533 § 2, 1986; Ord. 516 § 1 (part), 1985)