Chapter 10.12
STOPPING, STANDING AND PARKING
Sections:
10.12.005 Purpose and applicability.
10.12.015 Non-vehicle use of streets.
10.12.017 Recreational vehicles, boats and trailers.
10.12.030 No parking on certain streets and alleys.
10.12.035 Purpose – Exercise of police power.
10.12.036 Designation of limited time, restricted and handicap zones.
10.12.040 Parking time limited on streets and alleys.
10.12.050 Miscellaneous regulations.
10.12.055 Parking and loading space dimensions.
10.12.060 Registered owner’s responsibility.
10.12.070 Sign posting required.
10.12.080 Chief of police authority.
10.12.090 Chapter supplemental to state law.
10.12.110 Discretionary authority – Chief of police.
10.12.005 Purpose and applicability.
The purpose of this chapter is to provide for safe parking and/or loading and unloading of vehicles on public streets and alleys and on private streets, lanes and alleys to which the regulations contained in this chapter are specifically applied as a condition of development or council action. It is intended that this chapter be complementary to the regulations for off-street parking found in Chapter 10.14 SMC, Commercial Vehicle Parking Restrictions, and Chapter 18.48 SMC, Off-Street Parking. (Ord. 2005-012; Ord. 2003-017 § 2)
10.12.010 Definitions.
The following definitions are applicable to the provisions of this chapter:
A. “Improperly park” means the parking of a vehicle, including parking in areas where parking is permitted, in such a manner as to obstruct the passage of other vehicles or pedestrians; or the parking of a vehicle in an area where parking places are designated by lines or marks in such a manner that the vehicle is across any such line or mark, or is not within the area so designated by such lines or markings; or the parking of a vehicle in a designated or undesignated parking space on the side of the street with the vehicle facing oncoming traffic; or the parking of a vehicle in a “loading zone” for any purpose other than the loading or unloading of passengers, merchandise or equipment; or the parking of a vehicle in a “back in only” zone in any manner other than with the front of the vehicle facing the street; or the parking of a vehicle in a parking area restricted for the parking for taxis, buses or handicapped parking, when the parked vehicle is not in compliance with the posted restriction.
B. “Vehicle” includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
C. “Non-vehicle” is any object which is not a vehicle. “Vehicle” is described above in SMC 10.12.010(B). (Ord. 2003-017 § 2; Ord. 98-001 § 1; Ord. 384 § 1, 1979)
10.12.015 Non-vehicle use of streets.
No non-vehicle shall be allowed to stand or park on any city street, sidewalk, alley or within any right-of-way within the city limits without a permit. A limited duration permit may be obtained from the chief of police or his or her designee. The city shall set charges for this permit by resolution. Conditions may be required on the face of the permit providing for safety marking, lighting, hours of use and safety provisions. (Ord. 2003-017 § 2)
10.12.017 Recreational vehicles, boats and trailers.
Recreational vehicles, boats and/or boat trailers and other trailers shall not be parked on public streets or in city parking lots for longer than 24 hours without a permit issued pursuant to SMC 10.14.040(C). (Ord. 2005-012)
10.12.020 Parking improperly.
No person shall improperly park a vehicle or non-vehicle in the city at any time. (Ord. 2003-017 § 2; Ord. 98-001 § 1; Ord. 384 § 2, 1979)
10.12.030 No parking on certain streets and alleys.
No person shall park a vehicle within a district or on or along any of the streets, alleys or parts of streets or alleys where such district or streets or alleys are posted as “no parking” areas and zones. (Ord. 98-001 § 1; Ord. 384 § 3, 1979)
10.12.035 Purpose – Exercise of police power.
This chapter is an exercise of the police power of the city of Sequim and is necessary for the protection of the public health, safety, and welfare through the regulation and control of stopping, standing and parking in the city of Sequim on city streets and parking lots. (Ord. 2003-017 § 2; Ord. 98-001 § 1)
10.12.036 Designation of limited time, restricted and handicap zones.
A. The director of public works, after consultation with the chief of police, is hereby authorized and required to establish limited time and/or restricted parking zones on city streets and parking lots in accordance with the purposes set out in SMC 10.12.035. He shall further designate the number of such zones and any applicable time limits. Such zones shall be defined and marked in accordance with the requirements of RCW 47.36.060. Upon designation, a description and listing of such zones shall be filed with the city clerk. Unless otherwise posted, no vehicles shall be parked on city property including parking lots, streets, alleys and rights-of-way for longer than 14 days in residential areas or for longer than 24 hours in the town center sub-area as identified in SMC 18.48.130 without a properly issued permit. In the town center sub-area, permits may be issued for resident vehicle parking in excess of 24 hours for vehicles registered to owners whose title shows a registered address within the town center sub-area.
B. Handicap Parking Zones.
1. Handicap parking zones shall be located and designated as required by Chapter 70.92 RCW.
2. It is a traffic infraction for any person to park a vehicle in a handicap parking zone without a special license plate, or placard, as provided for in RCW 46.16.381. A person charged with a violation hereof shall not be determined to have committed an infraction if he or she produces in court or prior to the court appearance the special license plate or placard required herein or demonstrates he or she was entitled to the same at the time of being ticketed.
3. Any unauthorized use of the special license plate or placard provided for in RCW 46.16.381 is a misdemeanor. (Ord. 2005-012; Ord. 98-001 § 1)
10.12.040 Parking time limited on streets and alleys.
A. When signs are erected giving notice thereof, no person shall park a vehicle for a period of time longer than that specified during the hours between which the limit is in effect on any day except Sundays and public holidays.
B. Recreational vehicles, boats and/or boat trailers and other trailers shall not be parked on public streets, including alleys and rights-of-way, or in city parking lots longer than 24 hours without a permit issued pursuant to SMC 10.14.040(C). On-street or alley parking within commercial zones shall not be permitted for longer than 12 hours (for commercial vehicles, see SMC 10.14.040). (Ord. 2005-012; Ord. 98-001 § 1; Ord. 384 § 4, 1979)
10.12.050 Miscellaneous regulations.
No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places:
A. On a sidewalk;
B. In front of a public or private driveway or on any parking strip;
C. Within an intersection;
D. Within 15 feet of a fire hydrant;
E. On a crosswalk;
F. Within 20 feet of a crosswalk at an intersection;
G. Within 30 feet of the approach to any flashing beacon, stop sign or traffic control signal;
H. Within 20 feet of the driveway entrance to any fire station;
I. Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic;
J. On the roadway side of any vehicle stopped or parked at the edge or curb of a street (“double parking”);
K. Upon any bridge or other elevated structure or within a tunnel;
L. At any place where official signs prohibit stopping, standing or parking;
M. On a designated bicycle lane;
N. On a trail or shared-use path constructed primarily for and open to bicyclists and pedestrians. (Ord. 2012-008 § 1 (Exh. A); Ord. 98-001 § 1; Ord. 384 § 5, 1979)
10.12.055 Parking and loading space dimensions.
The dimensions of various on-street parking and loading spaces, including handicap accessible spaces, shall be as found in the adopted city engineer standards. In the absence of a city engineer standard the dimensions found in Chapter 18.48 SMC, Off-Street Parking, shall be used. (Ord. 2003-017 § 2)
10.12.060 Registered owner’s responsibility.
In addition to the driver of the vehicle violating the provisions of this chapter, every person in whose name the vehicle is registered or licensed shall be responsible for that vehicle’s compliance with this chapter and shall further be liable for fines imposed for all parking violations under this chapter. (Ord. 98-001 § 1; Ord. 384 § 7, 1979)
10.12.070 Sign posting required.
Whenever any parking time limit is imposed or parking is prohibited on designated streets or alleys or whenever certain methods of parking are prescribed under SMC 10.12.010, 10.12.020, 10.12.030 and 10.12.050, it shall be the duty of the chief of police to have erected appropriate signs giving notice thereof and no such regulation shall be effective unless the signs are erected and in place at the time of any alleged offense. (Ord. 98-001 § 1; Ord. 384 § 8, 1979)
10.12.080 Chief of police authority.
The city council, at a regular meeting, may by majority vote of those present direct the chief of police on the establishment and location of the parking regulations within the city limits as the council may from time to time determine to be in the interests of the general public and welfare of the citizens of the city. (Ord. 98-001 § 1; Ord. 384 § 9, 1979)
10.12.090 Chapter supplemental to state law.
The ordinance codified in this chapter shall be in addition to and supplemental to the regulations and statutes of the state, where the regulations are not inconsistent with this chapter. (Ord. 98-001 § 1; Ord. 384 § 10, 1979)
10.12.100 Penalties.
It is a civil infraction for any person to permit or allow any vehicle to be parked in violation of this chapter or to improperly park a vehicle as designated in SMC 10.12.010 and 10.12.020. The penalty for violation of this chapter as designated in SMC 10.12.010, 10.12.020, 10.12.030 and 10.12.050 shall be as established by resolution for each such violation and the penalty for violation of SMC 10.12.040 shall be as established by resolution for each such violation and the vehicle shall be issued a parking violation in the form prescribed by the chief of police. Fines shall be paid to the city police department. The above penalties as established by resolution shall apply only if the penalty is paid within 15 days from the issuance of the notice of violation. Payment shall be deemed made if the penalty is delivered to the police department, placed in the United States mail with proper postage affixed and addressed to the Sequim Police Department, 609 W. Washington No. 16, Sequim, WA 98382-3291. The penalty for violation of handicap zone (SMC 10.12.036(B)) shall be as established by resolution for each violation. The penalty for violation of limited time or restricted zone (SMC 10.12.036(A)) shall be as established by resolution for each violation. (Ord. 2005-029 § 2; Ord. 98-001 § 1; Ord. 384 § 6, 1979)
10.12.110 Discretionary authority – Chief of police.
A. Whenever it is determined that a parking ticket has been improperly issued, the chief of police or his designee may void such ticket.
B. Whenever it is determined that the registered owner of a vehicle has not received actual notice of a parking violation, the chief of police or his designee may extend the time period for payment such that the registered owner has an opportunity to pay the original penalty within 48 hours. (Ord. 98-001 § 1)
10.12.120 Administration.
The chief of police or his designee(s) shall administer the collection of fees established pursuant to this chapter through a parking violations bureau as authorized by the district court judge for Clallam County, with which the city has contracted for filing violations of the Sequim Municipal Code. (Ord. 98-001 § 1)
10.12.130 Collections.
The chief of police or his designee(s) shall administer the collection of fees established pursuant to this chapter that are not paid within 30 days by referring those parking violations for collection to a collection agency. The chief of police is authorized to enter into agreements with collection agencies to carry out the purpose of this section. Such agency as selected shall collect the original violation fee, plus the late fee for the city of Sequim, plus a collection fee not to exceed 33 percent. Reports on collection of unpaid parking fines and penalties shall be included in the departmental activity reports. (Ord. 98-001 § 1)