Chapter 10.14
COMMERCIAL VEHICLE PARKING RESTRICTIONS
Sections:
10.14.005 Purpose and applicability.
10.14.070 Restricted parking signs.
10.14.090 Discretionary authority – Chief of police.
10.14.005 Purpose and applicability.
It is the intent and purpose of this chapter to provide regulations for the safe parking of commercial 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 18.48 SMC, Off-Street Parking, and the restrictions on abandoned vehicles in Chapter 10.13 SMC. (Ord. 2005-013; Ord. 2003-017 § 3)
10.14.010 Definitions.
A. For the purpose of this chapter “commercial or industrial vehicle” means any vehicle the principal use of which is the transport of commodities, merchandise, produce, freight, and any vehicle used primarily in construction, industry or farming, including, but not limited to, bulldozers, backhoes, tractors, trucks, or trucks fitted with cranes, air compressors, welders, tanks or similar equipment. “Commercial or industrial vehicle” also includes nonmotorized dumpsters, storage units, tool lockers and any other structure.
B. For the purposes of this chapter “temporary” means not more than 24 hours.
C. “Parking” means locating a vehicle subject to this chapter adjacent to the curb or street surface on a public right-of-way or upon private property. (Ord. 2005-013; Ord. 98-001 § 1; Ord. 594 § 1, 1991)
10.14.020 Exclusions.
The provisions of this chapter shall not apply to vehicles which are being temporarily loaded or unloaded or parked no longer than the duration of the construction permit issued by the city on private construction sites. (Ord. 2003-017 § 3; Ord. 98-001 § 1; Ord. 594 § 2, 1991)
10.14.030 Off-street parking.
Refer to Chapter 18.48 SMC for regulations on off-street parking of commercial vehicles. (Ord. 2003-017 § 3; Ord. 98-001 § 1; Ord. 594 § 3, 1991)
10.14.040 Street parking.
A. Commercial vehicles (as defined in SMC 10.14.010(A)) shall only be parked in designated spaces designed for the size of the vehicle. The definition of “street” includes alleys, sidewalks and the entire city right-of-way where prohibitions on street parking exist.
B. Commercial vehicles shall only be parked on streets and alleys in commercial zoning districts.
C. No person shall park or store any commercial vehicle on any street, roadway, or in any alley within the city limits for a period in excess of two hours within any 24-hour period unless he/she has first obtained a permit from the chief of police or his or her designee. No charge shall be levied for this permit. The police chief may deny the requested permit if he or she finds that the parking requested would create a safety risk, or is not reasonably necessary due to alternate available parking. See also SMC 10.12.015. (Ord. 2005-013; Ord. 2003-017 § 3; Ord. 98-001 § 1; Ord. 594 § 4, 1991)
10.14.050 Disabled vehicles.
No person shall park or store a disabled vehicle of any description or any part or parts thereof in any alley or upon any street or roadway within the city limits for more than 12 hours, unless he/she has first obtained a permit from the police department. Such permits may be granted for periods of up to 96 hours if, in the judgment of the police chief or his or her designee, such is required as an emergency measure. There shall be no charge for the permit. (Ord. 2003-017 § 3; Ord. 98-001 § 1; Ord. 594 § 5, 1991)
10.14.060 Appeal.
Any appeal of the police decision shall be made directly to the city council in writing within 10 days of the decision of the chief of police or his or her designee. (Ord. 98-001 § 1; Ord. 594 § 6, 1991)
10.14.070 Restricted parking signs.
Restricted parking signs specifying acceptable commercial and/or industrial licensed gross vehicles (GVW) shall be posted at the city limits for the purpose of enforcing this chapter. (Ord. 98-001 § 1; Ord. 594 § 7, 1991)
10.14.080 Penalties.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine of not more than $500.00 and/or imprisonment for not more than 90 days. (Ord. 98-001 § 1; Ord. 594 § 8, 1991)
10.14.090 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.
C. The police chief or his or her designee may deny any requested permit. (Ord. 2003-017 § 3; Ord. 98-001 § 1)
10.14.100 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)
10.14.110 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)