Chapter 10.12
PARKING AND TRAFFIC CONTROL1
Sections:
10.12.010 Definitions – Generally.
10.12.020 Authority of police, fire and public works department employees.
10.12.050 Parking restricted – Specified streets – Residential permit parking zones.
10.12.060 Traffic engineer – Authority.
10.12.090 Stopping, standing or parking.
10.12.092 Stopping, standing, or parking prohibited in specific places.
10.12.095 Additional parking regulations.
10.12.110 Parking on municipal property.
10.12.130 One-hour parking zones established.
10.12.150 Parking on N.W. 2nd Avenue.
10.12.160 Parking on Midway Boulevard – Where prohibited.
10.12.170 Parking near high school.
10.12.180 Restricted parking areas – City Hall.
10.12.185 Illegal parking of apparently inoperable vehicles.
10.12.188 Parking of vehicles with expired registrations.
10.12.190 Violation of this chapter.
10.12.200 Vehicles parked – Impoundment.
10.12.210 Vehicles parked – Impoundment – Notice.
10.12.010 Definitions – Generally.
The following words and phrases when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this chapter, unless where used the context thereof clearly indicates to the contrary.
(1) “Channelization island” means that area in a street set aside from vehicular travel either by curbing, paint lines or other markers for the purpose of facilitating vehicular movements or safeguarding pedestrians.
(2) “Driveway” means that portion of street area which provides access to an off-street vehicular facility through a depression in the constructed curb, or when there is no constructed curb, that area in front of such vehicle facility as is well defined or as is designated by authorized signs or markings.
(3) “Fire line” means a line established at the direction of the fire chief during any emergency requiring the services of the fire department.
(4) “Way open to the public” means any road, alley, lane, parking area 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 or owners, and further, any public playgrounds, school grounds, recreation grounds, parks, parkways, park drives, park paths and wharves, station grounds and rights-of-way open to the use of the public.
(5) “Vehicles in violation of parking restrictions” means a vehicle that is subject to impoundment after being left unattended in one of the following public locations for the indicated period of time:
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Ordinance provisions |
Subject to removal after: |
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Designated no parking areas by the city engineer or mayor when signed. |
Immediately, no notice required. |
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Parking over 24 hours prohibited. |
After 24 hours, notice required. |
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Time limit zones (signs posted). |
Immediately with notice. |
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Stopping, standing, parking. |
Immediately without notice. |
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Stopping, standing and parking (specific places). |
Immediately without notice. |
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Parking on Midway. |
Immediately if a traffic hazard or signed area without notice. Otherwise 24 hours with notice. |
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Other provisions of OHMC 10.12.160 |
Immediately if area signed. Otherwise 24 hours with notice. |
(6) “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. In the event a highway includes two or more separated roadways, the term “roadway” shall refer to any such roadway separately but shall not refer to all such roadways collectively. (Ord. 1338 § 1, 2003; Ord. 1270 § 10, 2001).
10.12.020 Authority of police, fire and public works department employees.
(1) Officers of the Oak Harbor police department or such officers as are assigned by the chief of police are authorized to direct all traffic by voice, hand or signal in conformance with law; provided, that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding provisions of law.
(2) Members of the Oak Harbor fire department, when at the scene of a fire or accident or other emergency situation, may direct or assist the police in directing traffic thereat or in the immediate vicinity.
(3) Employees of the Oak Harbor public works department, when authorized by the street division and attired with a hard hat and a high visibility vest, may direct or assist the police in directing traffic at the scene of construction or in the immediate vicinity thereof when the construction is on or so near to the roadway as to create a hazardous traffic condition. (Ord. 1270 § 11, 2001).
10.12.030 Purpose.
The provisions of this chapter regulate parking, standing and stopping of vehicles upon streets and ways open to the public within the city and provide for the establishment of residential parking zones and restrictions thereto. Pursuant to Chapter 10.04 OHMC, the city has adopted by reference sections of certain state statutes, including sections of the Model Traffic Ordinance, which provide for regulation of parking in addition to the provisions of this chapter. (Ord. 1270 § 12, 2001).
10.12.050 Parking restricted – Specified streets – Residential permit parking zones.
The city council may by ordinance or resolution establish parking restrictions, including but not limited to no parking anytime, time of day restrictions, and time limits on all or portions of specified streets. Such parking restrictions for specified streets may also carry restrictions on the stopping or standing of a vehicle. The city council may also by ordinance establish residential permit parking zones which restrict parking on specified streets except by permits issued to area residents. Such zones allow for time-limited parking or time of day restrictions for vehicles without a permit. (Ord. 1338 § 2, 2003; Ord. 1270 § 14, 2001).
10.12.060 Traffic engineer – Authority.
The city engineer or his/her designee is authorized to exercise the powers and duties of traffic engineer as authorized pursuant to RCW 46.90.260 and 46.90.270, and Chapter 308-330 WAC, the Model Traffic Ordinance, all as now or hereafter amended. WAC 308-330-265(13) of the Model Traffic Ordinance is modified to read as follows:
The Mayor or his/her designee is authorized to determine and designate by proper traffic control signs zones not exceeding 300 feet in length for no parking, stopping, or standing of vehicles where the primary basis of such zone is safety or spill over parking concerns.
(Ord. 1338 § 3, 2003; Ord. 1270 § 15, 2001).
10.12.070 After violation.
Where a time limit is established by official signs, no person having control over a vehicle may repark that vehicle on either side of the same street in order to extend the vehicle’s parking time beyond the time limits established. For purposes of this section, a vehicle shall be deemed to be re-parked and in violation of this section despite any movement of the vehicle unless the vehicle is moved to a street with a different street name than the street the vehicle was originally parked upon. (Ord. 1338 § 4, 2003; Ord. 1270 § 16, 2001).
10.12.080 Time limit zones.
No person having control over a vehicle may park such vehicle beyond the time limit permitted by official signs. Where a time limit is established by official signs, no person having control over a vehicle may repark that vehicle on either side of the same street in order to extend the vehicle’s parking time beyond the time limits established. For purposes of this section, a vehicle shall be deemed to be reparked and in violation of this section despite any movement of the vehicle unless the vehicle is moved to a street with a different street name than the street the vehicle was originally parked upon. (Ord. 1338 § 5, 2003; Ord. 1270 § 17, 2001).
10.12.090 Stopping, standing or parking.
(1) In addition to provisions of the Washington Model Traffic Ordinance, no person may park or leave any vehicle, whether attended or unattended, upon a roadway in such a manner as to block or obstruct the flow of vehicular traffic.
(2) Subsection (1) of this section and OHMC 10.12.092 and 10.12.095 do not apply to the driver of any vehicle which is disabled in such a manner and to such extent that it is impossible to avoid stopping and temporarily leaving the vehicle in such a position. The driver shall nonetheless arrange for the prompt removal of the vehicle as required by this subsection.
(3) Subsection (1) of this section and OHMC 10.12.092 and 10.12.095 do not apply to the driver of a public transit vehicle who temporarily stops the vehicle upon the roadway for the purpose of and while actually engaged in receiving or discharging passengers at a marked transit vehicle stop zone.
(4) Subsection (1) of this section and OHMC 10.12.092 and 10.12.095 do not apply to the driver of a vehicle when actually engaged in the collection of solid waste, recyclables, or yard waste under authority of the city, so long as the vehicle is not parked or left for a longer time than reasonably necessary. (Ord. 1338 § 6, 2003; Ord. 1270 § 18, 2001).
10.12.092 Stopping, standing, or parking prohibited in specific places.
(1) Except when necessary to avoid conflict with other traffic, or in compliance with 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) At any place where official signs prohibit stopping.
(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 fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance when properly signposted; or
(vi) At any place where official signs prohibit standing.
(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.
(2) 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 unlawful.
(3) It shall be unlawful for any person to reserve or attempt to reserve any portion of a city street for the purpose of stopping, standing, or parking to the exclusion of any other like person, nor shall any person be granted such right. (Ord. 1338 § 7, 2003).
10.12.095 Additional parking regulations.
(1) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with 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) Except when otherwise provided by city ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within 12 inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder.
(3) Angle parking may be permitted by ordinance or resolution except that angle parking shall not be permitted on any federal-aid or state highway unless the secretary of transportation has determined by order that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
(4) The city engineer may place official traffic control devices prohibiting, limiting or restricting the stopping, standing or parking of vehicles on any city street where the city engineer has determined by order such stopping, standing or parking is dangerous to those using the city street, or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. No person shall stop, stand or park any vehicle in violation of the restrictions indicated by such devices. (Ord. 1338 § 8, 2003).
10.12.110 Parking on municipal property.
(1) Motor vehicle parking or standing on property owned, leased or operated by the city is subject to the following restrictions:
(a) Only motor vehicles belonging to persons who work for the city, who are transacting business with the city or who otherwise have specific permission from the city, may be parked upon such property; and
(b) Where pavement markings or signs designate parking stalls on such property, all motor vehicles must be parked within such stalls and not elsewhere on such property; and
(c) Where pavement markings designate a parking stall or stalls, any motor vehicle parked in a stall must be parked within the designated limits as indicated by the pavement markings; and
(d) Where signs or pavement markings prohibit or restrict parking without authority or permission, no motor vehicle may be parked or left standing without such permission.
(2) Any motor vehicle parked or standing on such property which is not complying with the restrictions set forth herein is declared to be a nuisance. Such nuisance may be summarily abated by impounding as provided by state law. The impounding of a motor vehicle does not prevent or preclude the institution and prosecution of charges in the district court or other appropriate court for violation of any provision of this chapter. (Ord. 1270 § 20, 2001).
10.12.130 One-hour parking zones established.
(1) There are hereby established parking zones along the west side of S.E. Dock Street from Pioneer Way north to S.E. Fidalgo Avenue, and along all of S.E. Fidalgo Avenue except that portion of the north side of S.E. Fidalgo Avenue east of S.E. Ely Street.
(2) It is illegal to park a motor vehicle in the zones specified in subsection (1) of this section for a period longer than one hour between the hours of 9:00 a.m. and 6:00 p.m. on all days except Sunday and legal holidays. The council may by resolution extend or decrease the length of time parking may be allowed. (Ord. 1817 § 1, 2017; Ord. 1270 § 2, 2001; Ord. 1138 § 2, 1998; Ord. 1090 § 6, 1997; Ord. 960 § 2, 1993. Formerly 10.12.010).
10.12.140 Parking on SR 20.
It is illegal to park a motor vehicle along SR 20 within the city of Oak Harbor. (Ord. 1270 § 3, 2001; Ord. 960 § 3, 1993. Formerly 10.12.020).
10.12.150 Parking on N.W. 2nd Avenue.
(1) It is illegal to park a vehicle on the north side of N.W. 2nd Avenue between N.W. Fairhaven Street and N.W. Jib Street between the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday of each week.
(2) It is illegal to park a vehicle on N.W. 2nd Avenue between N.W. Jib Street and Heller Street between the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday of each week. (Ord. 1270 § 4, 2001; Ord. 1138 § 3, 1998; Ord. 1090 § 7, 1997; Ord. 960 § 4, 1993. Formerly 10.12.021).
10.12.160 Parking on Midway Boulevard – Where prohibited.
It is unlawful to park any motor vehicle on S.E. Midway Boulevard or N.E. Midway Boulevard between S.E. Pioneer Way and SR 20. (Ord. 1270 § 5, 2001; Ord. 1090 § 8, 1997; Ord. 960 § 5, 1993. Formerly 10.12.022).
10.12.170 Parking near high school.
(1) Except for vehicles permitted under subsection (2) of this section, it is unlawful to park any motor vehicle on any of the following described streets between 8:00 a.m. and 4:00 p.m., Monday through Friday of each week:
(a) N.W. 2nd Avenue between Heller Street and N.W. Fairhaven Drive;
(b) N.W. Jib Street between West Whidbey Avenue and N.W. 2nd Avenue;
(c) N.W. 5th Avenue;
(d) Columbia Drive;
(e) N.W. Fairhaven Drive between N.W. 1st Avenue and Hiyu Drive;
(f) Hiyu Drive;
(g) N.W. Issaquah Street;
(h) Illahee Drive;
(i) N.W. 7th Avenue between N.W. Fairhaven Drive and N.W. Ensign Drive;
(j) N.W. Ensign Drive;
(k) Kitsap Terrace;
(l) N.W. 3rd Avenue.
(2) Permit.
(a) An occupant of a single-family residence located adjacent to the restricted parking areas described in subsection (1) of this section may obtain a permit from the Oak Harbor police department to park in these areas during the restricted periods.
(b) No more than one permit shall be issued for any residence and the permit shall be for a single designated vehicle.
(c) The permit to be valid must be prominently displayed in the windshield area of the vehicle.
(d) A vehicle authorized to be parked under this section must be in operable condition and may not be parked for more than 24 hours at one time in the same location.
(e) It is the burden of the person claiming exemption under this subsection to prove the same in a court proceeding to enforce provisions of this chapter. (Ord. 1270 § 6, 2001; Ord. 1138 § 4, 1998; Ord. 1090 § 9, 1997; Ord. 960 § 6, 1993. Formerly 10.12.023).
10.12.180 Restricted parking areas – City Hall.
(1) Adjacent to City Hall at 865 S.E. Barrington Drive there shall be one or more restricted parking places on or near S.E. Barrington Drive for use by the mayor and other elected officials. These areas shall be designated by the city engineer and appropriately signed and marked.
(2) Violations. It shall be a violation for a person other than the mayor or other elected official to park a motor vehicle or other vehicle in a restricted parking place. (Ord. 1270 § 7, 2001; Ord. 1138 § 5, 1998; Ord. 1090 § 10, 1997; Ord. 960 § 7, 1993. Formerly 10.12.024).
10.12.185 Illegal parking of apparently inoperable vehicles.
(1) It is unlawful to park, leave parked, place or store an apparently inoperable vehicle on a city street, alley way open to the public or other public property.
(2) For this section, “vehicle” shall include, but is not limited to, automobiles, trucks, buses, campers, trailers, wagons, motorcycles, motorized recreational vehicles, boat trailers, vans, utility trailers, travel trailers, or other similar devices capable of being moved along the public right-of-way, but shall not include human-powered vehicles such as bicycles.
(3) For this section, “apparently inoperable” means any of the following:
(a) A vehicle which does not appear to comply with requirements for vehicles used on public streets with regard to brakes, lights, safety glass, fenders or other safety equipment; or
(b) A vehicle which is extensively damaged or is missing a windshield, wheel, engine, steering wheel, interior seating for driver or other necessary equipment or parts. (Ord. 1507 § 1, 2007).
10.12.188 Parking of vehicles with expired registrations.
It is unlawful when a vehicle with an expired registration of more than 45 days is parked on a public street, alley way open to the public or other public property. (Ord. 1507 § 2, 2007).
10.12.190 Violation of this chapter.
Any violation of provisions of this chapter is an infraction and may be assessed a penalty up to the sum of $100.00 and he/she shall be responsible for payment of all impound charges. Each day of continuing violation shall be a separate offense. Citations as infractions may be cited into the municipal court. (Ord. 1270 § 8, 2001; Ord. 960 § 8, 1993. Formerly 10.12.050).
10.12.200 Vehicles parked – Impoundment.
Any vehicle violating parking restrictions may be impounded by the police officer under the time set out in OHMC 10.12.010(5). When notice is required, the notice shall meet the standards in OHMC 10.12.210. Impoundments may be made pursuant to this chapter under the time limits set out in OHMC 10.12.010(5). Prior to impounding a vehicle which cannot be removed immediately because a notice is required with the information set out in OHMC 10.12.210, the notice must be affixed to the vehicle for at least 24 hours before impound. (Ord. 1338 § 9, 2003; Ord. 1270 § 9, 2001; Ord. 960 § 9, 1993. Formerly 10.12.060).
10.12.210 Vehicles parked – Impoundment – Notice.
(1) A law enforcement officer who finds a vehicle violating parking restrictions when a notice is required under OHMC 10.12.010(5) shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information:
(a) The date and time the sticker was attached;
(b) The identity of the officer;
(c) A statement that if the vehicle is not removed within 24 hours from the time the sticker is attached, the vehicle may be taken into custody and stored at the owner’s expense;
(d) A statement that if the vehicle is not redeemed as provided in Chapter 10.04 OHMC or similar RCW section, the registered owner will have committed the traffic infraction of “littering – abandoned vehicle”; and
(e) The address and telephone number where additional information may be obtained.
(2) If the vehicle has current Washington registration plates, the officer shall check the records to learn the identity of the last owner of record. The officer or his department shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker.
(3) If the vehicle is not removed within 24 hours from the time the notification sticker is attached, the law enforcement officer may take custody of the vehicle and provide for the vehicle’s removal to a place of safety. A vehicle that does not pose a safety hazard may remain on the roadside for more than 24 hours if the owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance.
(4) For the purposes of this section a place of safety includes the business location of a registered tow truck operator.
(5) Procedures for review of impounds of vehicles violating parking restrictions under this chapter shall be as set out for “unauthorized vehicles” in Chapter 10.04 OHMC. (Ord. 1837 § 1, 2018; Ord. 1338 § 10, 2003).
Prior legislation: Ords. 174, 231, 328, 554, 917 and 952.