Chapter 10.12
TRAFFIC CONTROL
Sections:
10.12.030 Additional traffic control authorized.
10.12.040 Stopping, standing, or parking prohibited in specified places.
10.12.050 Stopping, standing or parking next to curb.
10.12.060 Improper stopping, standing or parking.
10.12.070 Parking for disabled persons.
10.12.080 Parking for certain purposes prohibited.
10.12.090 Standing in loading zone.
10.12.100 Standing in a tow-away zone.
10.12.110 Standing in a fire lane.
10.12.120 Parking not to obstruct traffic.
10.12.140 Unattended vehicles.
10.12.160 Enforcement of parking regulations.
10.12.170 Removal of vehicles illegally parked.
10.12.180 Registered owner responsible.
10.12.200 Failure to comply with notice of parking violation.
10.12.210 Rules and regulations.
10.12.220 Parking zones – Time limitations.
10.12.010 Purpose.
A. Pursuant to Article 11, Section 11, Constitution of the State of Washington, RCW Title 46, and RCW 35.27.370(4), (14) and (16), the city of Sultan enacts the ordinance codified in this chapter, in the exercise of police power, to protect the public health and safety and promote the general welfare of the community by:
1. Allowing the addition, deletion and modification of various traffic controls relating to speed limits, quiet zones, loading zones, parking regulations, restrictions, prohibitions and limitations by the placement of official signs and curb markings as authorized by the city council from time to time;
2. Making possible the use of on-street parking spaces by the maximum number of vehicles consistent with the demands of commerce;
3. Minimizing the congestion and serious air pollution caused by slow-moving and recirculating motor vehicles;
4. Accommodating the maintenance of public streets in a condition reasonably safe for public travel;
5. Fostering the conduct of private and public commerce;
6. Providing means of public revenues necessary to enforce traffic control; and
7. Encouraging respect and general public obedience of the laws of the city of Sultan and deterring repeated violations.
B. This chapter does not create nor otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefitted by the terms of these regulations. It is the specific intent of the regulations set forth in this chapter to place the obligation of compliance upon the registered owner, legal owner and driver of the vehicle and no provision or term used in these regulations is intended to impose any duty whatsoever upon the city or any of its officers, employees or agents for whom the implementation or enforcement of these regulations shall be discretionary and not mandatory. (Ord. 470 § 1, 1985)
10.12.020 Definitions.
Unless otherwise provided or unless the context clearly requires a different meaning, the following terms shall have the meaning given to them in this chapter:
1. “Alley” means a public highway not designed for general travel and used primarily as a means of access to the rear of residences and business establishments.
2. “Bus” means every motor vehicle designed for carrying more than 10 passengers and used for transportation of persons, and every motor vehicle, other than taxicabs, designed and used for the transportation of persons for compensation.
3. “Bus stop” means a fixed portion of the highway parallel and adjacent to the curb to be reserved exclusively for buses for layover in operating schedules or while waiting for, loading or unloading passengers; provided, that such bus provides regularly scheduled service with the city.
4. “Crosswalk” means that portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line, or in the event there are no sidewalks, then between the intersection area and a line 10 feet therefrom, except as modified by a marked crosswalk.
5. “Curb” means the lateral boundaries of that portion of the street designated or intended for the use of vehicles, whether marked by curbing construction or not.
6. “Driveway” means a short private road leading from the street to a house, garage or parking lot.
7. “Highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic.
8. “Intersection” means the area embraced within the prolongation of the lateral curblines of two or more streets which join one another at an angle, whether or not such streets cross one another. The junction of an alley with a street or highway shall not constitute an intersection.
9. “Legal owner” means a person having a security interest in a vehicle perfected in accordance with Chapter 46.12 RCW or the registered owner of a vehicle unencumbered by a security interest or the lessor of a vehicle unencumbered by a security interest.
10. “Loading zone” means a space reserved for the exclusive use of vehicles during the loading or unloading of property or passengers.
11. “Motor vehicles” means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails.
12. “Operator or driver” means every person who drives or is in actual physical control of a vehicle.
13. “Ordinance” means the city’s parking regulation ordinance.
14. “Owner” means a person who has lawful right of possession of a vehicle by reason of obtaining it by purchase, exchange, gift, lease, inheritance, or legal action, whether or not the vehicle is subject to a security interest and means registered owner where the reference to owner may be construed as either to registered or legal owner.
15. “Park” or “parking” means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading of property or passengers.
16. “Parking space” means any space which is duly designated for the parking of a single vehicle by appropriate markings on the pavement and/or curb.
17. “Parking violation” means the infringement of any parking regulation set forth in this chapter.
18. “Passenger loading zone” means a place reserved for the exclusive use of vehicles while receiving or discharging passengers.
19. “Planting strip” means that portion of a highway lying between the constructed curb or the edge of the roadway and the property line exclusive of the sidewalk area.
20. “Police officer” means a law enforcement officer of the city of Sultan.
21. “Registered owner” means the person whose lawful right of possession of a vehicle has most recently been recorded with the Washington State Department of Licensing.
22. “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.
23. “Sidewalk” means that property between the curblines or the lateral lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians.
24. “Stand or standing” means the halting of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
25. “Stop or stopping” means any halting of a vehicle resulting in a complete cessation from movement, even momentarily.
26. “City” means the city of Sultan.
27. “City street” means every public highway, or part thereof, located within the limits of the city, except alleys.
28. “Vehicle” means every device capable of being moved upon a highway and in, upon, or by which any person or property is or may be transported or drawn upon a public highway, including mopeds, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. (Ord. 470 § 1, 1985)
10.12.030 Additional traffic control authorized.
In addition to existing ordinances providing for speed zones, quiet zones, parking regulations and general restrictions, prohibitions and limitations, the police chief, the utility superintendent, or any other person authorized by official action of the city council shall cause signs to be posted or curbs to be painted for the regulation and control of traffic and parking of motor vehicles from time to time, as follows:
A. Red painted curbs shall indicate no parking at any time;
B. Yellow painted curbs shall indicate limited parking for specified purposes such as loading, as further indicated by an appropriate official sign posted in a conspicuous place adjacent thereto;
C. Unpainted curbs shall indicate general parking, as further indicated and regulated by appropriate official signs posted adjacent thereto. (Ord. 470 § 1, 1985)
10.12.040 Stopping, standing, or parking prohibited in specified places.
A. Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer, fireman or other designated and/or authorized public safety officer, no person shall:
1. Stop, stand or park a vehicle:
a. On the roadway side of any vehicle stopped or parked at the edge of curb of a street;
b. On a sidewalk or street planting strip;
c. Within an intersection;
d. On a crosswalk;
e. Not in the authorized direction of traffic movement on the roadway;
f. At any place where official signs prohibit stopping;
2. Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
a. In front of a driveway or within five feet of the end of the curb radius leading thereto;
b. Within 15 feet of a fire hydrant;
c. Within 20 feet of a crosswalk;
d. 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;
e. 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;
f. At any place where official signs prohibit standing; or
g. At any place where city barricades are placed;
3. Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers at any place where official signs prohibit parking.
B. Parking or standing shall be permitted in the manner provided by law at all other places except where a time limitation or parking restriction has been imposed. (Ord. 470 § 1, 1985)
10.12.050 Stopping, standing or parking next to curb.
A. Parallel Parking. Every vehicle standing or parked upon a two-way roadway shall have the right-hand wheels parallel to and within 12 inches of the right-hand curb or as close as practical to the right edge of the right-hand shoulder.
B. Angle Parking. Upon those streets which have been signed or marked for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. The wheels nearest the curb or edge of the roadway shall be no more than 12 inches away from said curb or edge. (Ord. 470 § 1, 1985)
10.12.060 Improper stopping, standing or parking.
A. No persons shall stop, stand or park a vehicle in any designated parking space so that any part of such vehicle occupies more than one such space or protrudes beyond the markings designating such space, except that a vehicle which is of a size too large to be parked within a single designated parking space shall be permitted to occupy two or more adjoining spaces.
B. No person shall stop, stand or park a vehicle in any parking spaces for a period of time longer than the period allowed in that time zone. Once a vehicle remains in a parking space beyond the time which the time zone permits, each subsequent period of time for which the vehicle remains beyond the period of time allowed in that time zone shall constitute a separate violation. (Ord. 470 § 1, 1985)
10.12.070 Parking for disabled persons.
A. A person who has received a current and valid special disabled person’s card, decal or license plate from the Washington State Department of Licensing under RCW 46.16.381 shall be allowed to park a vehicle being used to transport such person for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted. This section shall have no application to those zones or areas in which the stopping, parking or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Such person shall not be permitted the foregoing privilege unless he obtains and displays a distinguishing card, decal or license plate issued pursuant to RCW 46.16.381.
B. No persons shall stop, stand or park a vehicle in a parking space reserved for physically disabled persons provided on private property without charge or on public property without a special license plate, card or decal issued pursuant to RCW 46.16.381.
C. A parking space or stall for a physically disabled person shall be indicated by:
1. A painted white line, at least six inches in width on the improved surface delineating the perimeter of the parking space or stall; and
2. A vertical sign, between 48 and 60 inches off the ground, with the international symbol of access described under RCW 70.92.120 and the notice “State disabled parking permit required.”
D. This section shall not apply to vertical signs on public property in use on the effective date of the ordinance codified in this chapter until six months after the effective date of the ordinance codified in this chapter. (Ord. 470 § 1, 1985)
10.12.080 Parking for certain purposes prohibited.
A. No person shall park any vehicle upon any highway for the principal purpose of:
1. Displaying advertising;
2. Displaying such vehicle for sale;
3. Selling merchandise from such vehicle, except when authorized.
B. No person shall park any vehicle upon any roadway for the principal purpose of oil changes, lubricating, greasing or repairing such vehicle except repairs necessitated by an emergency. (Ord. 470 § 1, 1985)
10.12.090 Standing in loading zone.
A. No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious unloading and delivery or pickup and loading of property in any place marked as a loading zone during hours when the provisions applicable to such zone are in effect. In no case shall the stop for loading and unloading of property exceed 30 minutes.
B. The driver of a vehicle may stop temporarily at a loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter such zone to load or unload property. (Ord. 470 § 1, 1985)
10.12.100 Standing in a tow-away zone.
No person shall stop, stand or park a vehicle in a place marked as a tow-away zone during hours when the provisions applicable to such zone are in effect. (Ord. 470 § 1, 1985)
10.12.110 Standing in a fire lane.
No person shall stop, stand or park a vehicle in a place marked as a fire lane. (Ord. 470 § 1, 1985)
10.12.120 Parking not to obstruct traffic.
A. No person shall park a vehicle upon a roadway in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for free movement of vehicular traffic.
B. No person shall stop, stand or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property and shall be subject to tow-away of such vehicle. (Ord. 470 § 1, 1985)
10.12.130 Overtime parking.
A. Contractors, repairmen and others who find it necessary to park for prolonged periods of time in otherwise restricted areas of Sultan streets may apply for a special permit to allow overtime parking.
B. Whenever a person deems it necessary to park overtime on any Sultan street for the purpose of construction or repair, or servicing of business premises, they shall apply to the city clerk/treasurer for such a permit at the office of the city clerk/treasurer. (Ord. 470 § 1, 1985)
10.12.140 Unattended vehicles.
A. No person driving or in charge of a vehicle shall permit it to stand unattended on any street, highway, alley or public or private property without first stopping the engine, locking the ignition, removing the key and effectively setting the brake thereon and when standing upon any perceptible grade, turning the front wheels to the curb or side of the street or property.
B. No person operating or in charge of a vehicle shall permit such vehicle to stand upon a public highway or in a public place with its motor running, leaving a minor child or children under the age of 16 years unattended therein. (Ord. 470 § 1, 1985)
10.12.150 Parking zones.
No person shall stop, stand or park a vehicle in a parking space beyond the time permitted by official signs; provided, however, that the hours for the limitation of the parking shall apply only between the hours posted unless otherwise restricted by the city. (Ord. 470 § 1, 1985)
10.12.160 Enforcement of parking regulations.
A. The parking regulations set forth in this chapter shall be enforced by the city’s police officers.
B. Failure to perform any act required or the performance of any prohibited by this chapter is designated as a nonmoving civil infraction and shall not constitute a criminal offense.
C. City police officers have the authority to issue a notice of parking violation when the parking violation is committed in the officer’s presence.
D. If any vehicle is found parked, standing or stopped in violation of this chapter or otherwise violates the provisions of this chapter, the officer finding the vehicle shall take its regulation number (license number) and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a notice of parking violation. A notice of parking violation represents a determination that a parking violation has been committed. The determination will be final unless contested as provided by state law.
E. The police officers in charge of the enforcement of the parking regulations of the city shall and are authorized to mark such vehicles parked, standing or stopped from time to time to aid in the enforcement of this chapter. Such mark shall be by chalk upon the tires of said vehicles or by some other convenient method but will not be injurious to or damage such vehicle. The marks so placed shall not be interfered with, concealed, obliterated or erased by any person other than a police officer while the same shall remain parked or standing at the place where so marked. It shall constitute a parking violation to interfere with, conceal, obliterate or erase any mark in violation of this section. (Ord. 470 § 1, 1985)
10.12.170 Removal of vehicles illegally parked.
The police department, or any member thereof, is authorized to remove and tow away, or have removed and towed away by commercial towing service, any car or other vehicle illegally parked in any place where such parked vehicle creates or constitutes a traffic hazard, blocks the use of a fire hydrant, obstructs or may obstruct the movement of any emergency vehicle, or has been parked in one location for such length of time as to appear to have been abandoned. Three consecutive days shall be prima facie evidence of such abandonment. In such event the owner or operator of such vehicle shall be liable for reasonable towing and storage charges, in addition to any other penalty which may be determined. (Ord. 470 § 1, 1985)
10.12.180 Registered owner responsible.
Every person in whose name a vehicle is registered shall be responsible for any violation of this chapter caused by the parking, standing or stopping of said vehicle in violation hereof. It shall be no defense that the vehicle was parked illegally by another unless proof is presented that said vehicle had been stolen and had not been returned to the registered owner by the date of the violation. This section shall not apply to the registered owner transferring vehicle ownership who has complied with RCW 46.52.104 prior to the date of the violation. (Ord. 470 § 1, 1985)
10.12.190 Penalties.
A. The penalties for each parking violation of the provisions of this chapter shall be established by resolution by the Sultan city council.
B. If no response or payment is made within 15 days of the date of issuance of the notice of parking violation, the penalty for each violation shall be:
1. Overtime parking: $30.00;
2. Parking in disabled space without requisite permit, decal or license: $60.00;
3. Parking in fire lane, tow-away zone, loading zone and obstruction of traffic: $60.00;
4. Interfering with, concealing, obliterating or erasing marks in violation of SMC 10.12.160(E): $60.00;
5. All other infractions not specifically listed: $30.00.
C. The penalties set forth in subsection (A) of this section will be reduced in half if the parking violation fine is paid to the city clerk/treasurer’s office within 24 hours of the time and date of issuance. In the event the city clerk/treasurer’s office is not open for business the day following the date of issuance, the violator can make payment on the next city business day and still receive the reduced penalty.
D. Payment of all parking violations shall be made to the city clerk/treasurer’s office. (Ord. 703-99; Ord. 470 § 1, 1985)
10.12.200 Failure to comply with notice of parking violation.
A. If no response or payment is made within 10 calendar days of the date of issuance of the notice of parking violation, the city shall mail a delinquency notice to the registered owner of the vehicle to which the notice was affixed informing him/her of the violation and of a right to request a hearing.
B. If no response or payment is made within 15 days of the date of mailing the delinquency notice, the city shall forward the ticket to a court of jurisdiction. (Ord. 470 § 1, 1985)
10.12.210 Rules and regulations.
The city clerk/treasurer’s office and the city’s police department are authorized to jointly promulgate rules and regulations necessary to administer this chapter and the city clerk/treasurer’s office is authorized to receive and account for all sums paid under this chapter. (Ord. 470 § 1, 1985)
10.12.220 Parking zones – Time limitations.
Parking zones and time limitations shall be established by ordinance of the Sultan city council. (Ord. 1048-09 § 1; Ord. 470 § 1, 1985)
10.12.230 Traffic infraction.
Failure to perform any act required or the performance of any act prohibited by this chapter is a traffic infraction. The penalty for such infraction shall be in accordance with SMC 10.12.190. (Ord. 470 § 1, 1985)