Chapter 10.08
PARKING
Sections:
10.08.030 Two-hour parking zones.
10.08.035 Three-hour parking zones.
10.08.047 Thirty-minute zones.
10.08.050 Fifteen-minute zones.
10.08.060 Continuous parking prohibited.
10.08.065 Package pickup parking spaces.
10.08.075 Interference with postal service.
10.08.080 Parking outside of indicated parking space unlawful.
10.08.100 Overtime parking unlawful.
10.08.140 Prima facie evidence in prosecution.
10.08.160 Public nuisance defined – Abatement – Penalties.
10.08.170 Right wheels to curb – Exceptions.
10.08.175 Crossing double centerlines – Unlawful.
10.08.180 One-way street parking.
10.08.190 Angle parking – Zones.
10.08.200 Angle parking – Vehicle size limit.
10.08.210 No parking 3:00 a.m. to 5:00 a.m.
10.08.214 No parking of recreational equipment on public street – Exceptions.
10.08.010 Definitions.
The following definitions shall apply to this chapter:
A. “Boat” shall mean any type of water craft, whether registered or unregistered, licensed or unlicensed. The term “boat” shall include any wheeled trailer or other device upon which such boat is or may be kept, stored, or transported, whether registered or unregistered, licensed or unlicensed.
B. “Camp trailer/travel trailer/fifth-wheel” shall mean a structure designed to provide temporary living quarters for recreational camping or travel use, constructed with integral wheels to make it mobile and/or towable by motor vehicle.
C. “Camper” shall mean a structure designed to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling or recreational use, camping or vacation use.
D. “Operator” means every person who is in actual physical control of a vehicle, as defined, upon a public street or highway in the City.
E. “Person” means every natural person, firm, co-partnership, association or organization.
F. “Snowmobile” shall mean a vehicle with continuous tread and runner-type steering device used primarily for over-snow travel.
G. “Utility trailer” shall mean a vehicular structure or device with or without its own mode of power, licensed or unlicensed, designed and/or used for the transportation of goods, equipment, other vehicles or devices and materials.
H. “Vehicle” means every device capable of being moved upon a public highway and in, upon or by which any person 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 tracts. [Ord. 1849 § 1, 1994; Ord. 1273 § 1, 1980; 1956 Code § 10-301.]
10.08.030 Two-hour parking zones.
The following described streets are established as two-hour limit parking zones:
A. The east side of Fifth Street from Franklin Avenue to Edison Avenue;
B. Both sides of Sixth Street from Franklin Avenue to Custer Avenue, except the first parking place north of the alley between Decatur Avenue and Edison Avenue on the west side of Sixth Street;
C. Both sides of Seventh Street from Franklin Avenue to a point 150 feet north of Decatur Avenue, except the first 150 feet south of Edison Avenue on the east side of Seventh Street, except the first parking space south of Edison Avenue on the west side of Seventh Street, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, and except the first parking space north of Franklin Avenue on the east side of Seventh Street;
D. The west side of Ninth Street from Edison Avenue to the alley between Edison Avenue and Decatur Avenue;
E. Both sides of Franklin Avenue from Sixth Street to Seventh Street, except the first parking space west of the alley between Sixth Street and Seventh Street on the north side of Franklin Avenue. Also, the north side of Franklin Avenue from Fifth Street to Sixth Street and the first three parking spaces west of Sixth Street on the south side of Franklin Avenue;
F. Except for the three 15-minute parking spaces on the south side of Edison Avenue between Sixth Street and Seventh Street as described in SMC 10.08.050, both sides of Edison Avenue from Fifth Street to Seventh Street and the north side of Edison Avenue from Fifth Street to Ninth Street, except for the first parking space west of Ninth Street; and
G. Both sides of Decatur Avenue from Fifth Street to Seventh Street. [Ord. 1961 § 1, 1998; Ord. 1947 § 1, 1997; Ord. 1917 § 3, 1996; Ord. 1795 § 1, 1992; Ord. 1771 § 1, 1991; Ord. 1712 § 1, 1990; Ord. 1646 § 1, 1988; Ord. 1598 § 1, 1987; Ord. 1526 § 1, 1985; Ord. 1504 § 1, 1984; Ord. 1403 § 2, 1983; Ord. 1273 § 3, 1980.]
10.08.035 Three-hour parking zones.
The following described streets are established as three-hour limit parking zones:
A. Both sides of Sixth Street from Custer Avenue to the railroad tracks. [Ord. 1646 § 2, 1988.]
10.08.037 Park and ride lots.
A. Purpose and Use. Any public parking area designated and posted as a “Park and Ride” lot or area shall be used for public parking of motor vehicles. The intended use of such areas is to provide a public parking area to facilitate ride-sharing, carpools, vanpools and parking for commuters. Such lots and areas so designated shall not be used to sell, market, display or offer for sale, lease, or other disposition, any vehicle, equipment, product, or item.
B. Display of “For Sale” Signs or Markings Prohibited – Penalty. Display of any sign, marking or advertisement offering for sale, lease or other disposition, any vehicle, equipment, product or other item upon any vehicle, equipment, product or item within a “Park and Ride” lot or area, or upon any portion of the lot or area, is prohibited. Any violation of this section shall constitute an infraction subject to imposition of a civil penalty up to $150.00 for each violation.
C. Additional Remedies for Violation. In addition and supplementary to the civil monetary penalty described above, any vehicle, equipment, product or item in violation of this section which remains in violation for more than 24 hours shall be deemed to be abandoned and a public nuisance, and subject to abatement, tow and/or impound at the owner’s sole expense pursuant to Chapter 8.28 SMC and provisions applicable to abatement of public nuisances.
D. Posting Required. Upon designation as a “Park and Ride” lot or area, the lot or area shall be posted with a sign stating that the lot or area is a “Park and Ride” lot or area subject to this section, and further stating that “Use of the lot is for public parking, and that no “For Sale” signs, markings or advertising shall be allowed on any vehicle or other equipment parked upon this lot, and that violation will subject the offender to a civil penalty of up to $150.00 per violation. Additionally, violating vehicles are subject to tow at the owner’s expense,” or words to this effect.
E. Designation of “Park and Ride” Lots. “Park and Ride” lots or areas shall be designated from time to time by the City Council. The following areas are designated “Park and Ride” lots:
1. The paved parking lot at and upon the property situated at the southeast corner of the intersection of Sixteenth Street and Yakima Valley Highway, accessed from Yakima Valley Highway. [Ord. 2044 § 1, 2002.]
10.08.040 Alleys.
Except as more specifically provided in this chapter, parking shall be permitted in alleys in the downtown business area for the purpose of loading and unloading only. [Ord. 1525 § 2, 1985; Ord. 1273 § 4, 1980.]
10.08.045 Restricted parking.
The following described parking spaces are established as restricted parking zones and shall be reserved for parking official City vehicles only, and it shall be unlawful for any nonauthorized person or vehicle to utilize said spaces:
A. The first four parking spaces north of the alley between Edison Avenue and Franklin Avenue on the west side of Eighth Street; and
B. The parking spaces along the alley between Edison Avenue and Decatur Avenue, from Eighth Street to Ninth Street, shall be reserved and restricted to official City vehicles and vehicles of City employees. [Ord. 2023-21 § 1 (Exh. A), 2023; Ord. 1917 § 1, 1996; Ord. 1526 § 3, 1985.]
10.08.047 Thirty-minute zones.
The following described streets are established as a 30-minute parking zone:
A. The easterly portion of 11th Street lying north of Yakima Valley Highway and south of Yakima Avenue. [Ord. 2008 § 1, 2000.]
10.08.050 Fifteen-minute zones.
The following described streets are established as 15-minute parking zones:
A. The south side of Edison Avenue from Seventh Street to Eighth Street; and the sixth, seventh and eighth parking spaces east of Sixth Street on the south side of Edison Avenue.
B. The west side of Eighth Street from Edison Avenue to the Fire Department driveway, excepting therefrom the first four parking spaces north of the alley between Edison Avenue and Franklin Avenue, and excepting therefrom the first parking space south of Edison Avenue. [Ord. 1961 § 2, 1998; Ord. 1917 § 2, 1996; Ord. 1795 § 2, 1992; Ord. 1526 § 4, 1985; Ord. 1403 § 3, 1983; Ord. 1273 § 5, 1980.]
10.08.055 No parking zones.
It shall be unlawful to park any vehicle at the following described locations:
A. The west side of South Fifth Street from Grant Avenue to Harrison Avenue;
B. The west side of Fourth Street from Grant Avenue to Franklin Avenue;
C. The east side of Fourth Street from Lincoln Avenue to Harrison Avenue;
D. Both sides of East Edison Avenue from the intersection of East Edison Avenue and Yakima Valley Highway to a point on East Edison Avenue lying 500 feet east of said intersection;
E. Those lanes and roads defined as fire apparatus access roads in the International Fire Code, and/or as otherwise defined in SMC 15.12.070;
F. The west side of South Park Drive from Bridge Street/East Grant Avenue to Terrace Avenue; and
G. The north side of East Blaine Avenue from Fifth Street to Sixth Street. [Ord. 1666 § 1, 1989; Ord. 1644 § 1, 1988; Ord. 1642 § 1, 1988; Ord. 1589 § 1, 1987; Ord. 1526 § 5, 1985; Ord. 1525 § 2, 1985; Ord. 1418 § 1, 1983; Ord. 1403 § 4, 1983.]
10.08.060 Continuous parking prohibited.
A. It is the declared purpose of this chapter to keep the availability of parking places in the business area of the City at a maximum and to prevent the parking of cars in the same spaces or spaces in the same vicinity all day.
B. It is unlawful to park for more than 15 consecutive minutes at any designated 15-minute parking zone, or for more than 30 consecutive minutes at any designated 30-minute parking zone, or for more than two consecutive hours at any designated two-hour parking zone, or for more than three consecutive hours at any designated three-hour parking zone, or for more than five minutes at any designated package pickup parking space. It is provided, however, that for the purposes of this chapter, parking in any parking spaces or combination of parking spaces within 200 feet of any other space parked in during the applicable time limits, where less than 15 minutes lapsed between the time the vehicle was parked in one space and parked in another space, shall constitute and be treated the same as parking in the same parking space for the entire period of time.
Any absence of a vehicle from the same parking space or spaces located within 200 feet of spaces parked in by the same vehicle for 15 minutes shall create a presumption that the parking has not been continuous and shall cause a new 15-minute period, 30-minute period, two-hour period, three-hour period, or five-minute package pickup period to commence.
C. The penalty for parking in excess of 15 minutes in any 15 minute parking zone, or in excess of 30 minutes in any 30-minute parking zone, or in excess of two hours in any two-hour parking zone, or in excess of three hours in any three-hour parking zone, or in excess of five minutes in any package pickup parking space or zone shall be $5.00; provided, that where a person moves a vehicle from one parking space to another parking space or other parking space within 200 feet of the first parking space where less than 15 minutes elapse between the time the vehicle is parked in such parking spaces, for the purpose of avoiding a continuous parking penalty, the penalty shall be $10.00. Each 15-minute period in a 15-minute zone, each 30-minute period in a 30-minute zone, each two-hour period in a two-hour zone, each three-hour period in a three-hour zone, and each five-minute period in a package pickup parking space shall constitute a separate violation.
Such violations shall be considered infractions and shall be processed in accordance with the State statutes regulating infractions. [Ord. 2008 § 2, 2000; Ord. 1730 § 1, 1991; Ord. 1661 § 1, 1989; Ord. 1598 § 2, 1987; Ord. 1321 § 1, 1981; Ord. 1273 § 6, 1980.]
10.08.065 Package pickup parking spaces.
A. There is hereby created a special parking space designation of package pickup parking spaces, which designation may be assigned to specific on-street parking spaces. The use of each space so designated shall be restricted only to individuals who are picking up packages and parcels; provided, that the users of such spaces shall not park their vehicles in such spaces or otherwise occupy such spaces for a period of time in excess of five minutes. The five-minute restriction for package pickup parking spaces shall be controlling, notwithstanding the placement of such spaces among and between parking spaces in the two-hour parking zones, three-hour parking zones, 15-minute parking zones, or any other timed parking zones.
B. The designation of parking spaces as package pickup parking spaces shall be made by and at the discretion of the City Council based on criteria indicative of the need for such designation, including but not limited to the following factors:
1. Proximity to businesses where the pickup of packages and parcels is a regular part of such businesses;
2. Proximity to other available parking, whether on-street or off-street and whether time-restricted or otherwise, where individuals could park their vehicles while the individuals pick up packages and parcels from businesses.
C. Each parking space designated as a package pickup parking space shall be clearly marked and identified as restricted parking for package pickup only, with a five-minute parking limit. [Ord. 1650 § 1, 1988.]
10.08.075 Interference with postal service.
A. It shall be unlawful to park any vehicle in front of, adjacent to or in such proximity to any mail box, postal drop box or other similar postal receptacle so as to interfere with the delivery of mail by the United States Postal Service.
B. The penalty for parking in violation of this section shall be $5.00. A violation of this section shall be considered an infraction and shall be processed in accordance with the State statutes regulating infractions. [Ord. 1661 § 2, 1989.]
10.08.080 Parking outside of indicated parking space unlawful.
The Director of Public Works shall have lines or markings painted upon the curb for the purpose of indicating the parking space and each vehicle parked in any parking space shall park within the lines or markings so established. It is unlawful and a violation of this chapter to park any vehicle across any such line or marking or to park such vehicle in such a position that the same shall not be entirely within the area so designated. [Ord. 1598 § 3, 1987; Ord. 1273 § 8, 1980.]
10.08.085 Disabled parking.
The following described parking spaces are established as disabled parking spaces, pursuant to Chapter 70.92 RCW, and it shall be unlawful for nondisabled persons to utilize said spaces:
A. The first parking space west of the alley between Sixth Street and Seventh Street on the north side of Franklin Avenue;
B. The first parking space south of Edison Avenue on the west side of Eighth Street;
C. The first parking space west of Seventh Street on the south side of Grant Avenue;
D. Repealed by Ord. 2057.
E. The first parking space south of Edison Avenue on the west side of Seventh Street, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday;
F. The tenth and eleventh parking spaces west of fourth Street on the south side of Edison Avenue;
G. The first two perpendicular parking spaces on the west side of Fourth Street, south of Edison Avenue;
H. The first two angle parking spaces north of Franklin Avenue on Fourth Street (one for northbound traffic, one for southbound traffic);
I. The first parking space north of Franklin Avenue on the east side of Seventh Street;
J. The first parking space east of the alley between Fifth Street and Sixth Street on the south side of Edison Avenue;
K. The first two parking spaces, which are hereby merged to form one disabled parking space, lying northerly of the alley way along the eastern side of Seventh Street between Decatur Avenue and Edison Avenue.
L. Parking spaces 14 and 15 on either side of the existing curb cut on the east side of Ninth Street, north of East Edison Avenue.
M. The first two parking spaces on the west side of Ninth Street, north of East Edison Avenue are vacated and re-designated and created as one disabled parking space. And further, the existing disabled parking space on the north side of East Edison Avenue, west of Ninth Street is hereby vacated, and subsection (D) of this section is repealed in accordance herewith. [Ord. 2057 § 1, 2003; Ord. 2056 § 1, 2003; Ord. 1919 § 1, 1996; Ord. 1853 § 1, 1994; Ord. 1795 § 3, 1992; Ord. 1771 § 2, 1991; Ord. 1760 § 1, 1991; Ord. 1745 § 1, 1991; Ord. 1737 § 1, 1991; Ord. 1712 § 2, 1990; Ord. 1679 § 1, 1989; Ord. 1526 § 2, 1985; Ord. 1476 § 1, 1984; Ord. 1430 § 2, 1984.]
10.08.100 Overtime parking unlawful.
It is unlawful for any person to cause, allow, permit or suffer any vehicle registered in the name of said person to be parked overtime or beyond the period of legal parking time established for any parking zone as described in this chapter. [Ord. 1598 § 4, 1987; Ord. 1273 § 10, 1980.]
10.08.130 Citation tags.
A. Designated personnel of the City are authorized to give notice to persons violating provisions of this chapter by delivering citation tags to violators or, in cases where the vehicles without drivers are parked or stopped in violation of this chapter, by affixing such tags to the vehicles by means of which the violation occurred. Such citation tags, among other things, shall indicate briefly the charge, shall bear the license number of the vehicle, and shall direct the violator to present the tag to the police station within 24 hours or such other reasonable time as may be specified thereon. The penalty for parking violations shall be $16.00 per violation.
B. The City Manager shall require the use of citation tags furnished by the City Treasurer and that such tags be serially numbered. [Ord. 1598 § 5, 1987; Ord. 1451 § 2, 1984; Ord. 1273 § 13, 1980.]
10.08.140 Prima facie evidence in prosecution.
A. In any prosecution charging a violation of any regulation governing the standing or parking of a vehicle contrary to any ordinance of the City, proof of that particular vehicle described in the complaint was parked in violation of any such ordinance together with proof that the defendant named in the complaint was at the time of such standing or parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.
B. The foregoing presumption shall apply only when the procedure of giving a citation tag has been followed. [Ord. 1273 § 14, 1980.]
10.08.160 Public nuisance defined – Abatement – Penalties.
The City Council finds and declares that any vehicle repeatedly parking in parking spaces beyond the time established in the parking zone obstructs the freedom to use such parking spaces by the general public and for such limited parking purpose and thus constitutes a public nuisance. Such nuisance shall be abated as follows:
A. Parking fines shall be levied as provided elsewhere in this chapter.
B. The owner of record or the actual owner of any vehicle that has been cited for three or more violations of the parking offenses specified in this section and said parking citations have gone unpaid, and who has otherwise failed to respond to the warning letters specified in SMC 10.08.130, shall be summoned to appear before the Sunnyside Municipal Court to show cause why such person’s vehicle should not be declared a public nuisance and if declared to be a public nuisance then for an abatement determination, if said vehicle committed the following:
1. The offense of overtime parking beyond the time established by either a sign designating the time limit or violation of SMC 10.08.100;
2. The offense of parking in restricted or prohibited areas of alleys or beyond the time established for such parking in alleys.
C. At the time and place specified for a hearing upon the summons issued as set forth in subsection (B) of this section, the Municipal Court Judge shall make findings with regard to the following:
1. The individual summoned is the owner of record of the vehicle;
2. The parking violations fulfill the necessary number within the appropriate time period and remain unsatisfied;
3. The parking violations occurred within the City; and
4. There is no defense nor extenuating and mitigating factors justifying a finding that the vehicle is not a public nuisance.
D. If based upon his findings, the Municipal Court Judge concludes that the vehicle in question is a public nuisance, beyond a reasonable doubt, the registered owner shall be required to pay a fine of $20.00, together with court costs, per violation in satisfaction of said violations within three days of the court order. If the registered owner fails to pay said fine as specified, the vehicle shall be deemed forfeited to the City and shall be removed by impoundment by the City or its delegate from wherever it may be found within the City limits; provided, that notwithstanding any provision of this chapter, the owner of record shall have access to the judicial system as provided by law in order to appeal the order of the Court; provided, that he shall notify the Municipal Court of such appeal within 10 days of the date of the Court’s decision and shall thereafter diligently prosecute said appeal.
E. If the owner of record fails to appear, plead, or otherwise defend in response to a summons to appear before the Municipal Court to show why such person’s vehicle should not be declared a public nuisance, the Court shall, based upon the record before it, and upon such additional evidence as the Court may require, make its findings and enter an order in the manner prescribed in this section.
F. If a vehicle is forfeited to the City and is towed and impounded as described in this section, the registered owner shall have 30 calendar days after the date of impoundment within which to redeem said automobile by paying the total of all accumulated fines and costs owed the City plus all towing and storage costs incurred in the towing and impoundment.
G. Vehicles forfeited to the City may be sold at auction at some time after the expiration of the redemption period hereinabove described. All costs incurred by the City in the removal and storage of vehicles impounded under this section shall be a priority lien on the vehicle. [Ord. 1598 § 6, 1987; Ord. 1273 § 16, 1980.]
10.08.170 Right wheels to curb – Exceptions.
All vehicles parked upon the streets of the City shall be parked with the right side wheels parallel to and within 12 inches of the right-hand curb or edge of the traveled and improved portions of such street, except as provided in SMC 10.08.180, 10.08.190 and 10.08.200. [Ord. 1403 § 4, 1983.]
10.08.175 Crossing double centerlines – Unlawful.
It shall be unlawful for any person to approach and enter a parking space by crossing a double line in the center of the road along which said parking space is located. [Ord. 1512 § 1, 1985.]
10.08.180 One-way street parking.
Vehicles parking on a designated one-way street shall be parked with either right or left side wheels parallel to and within 12 inches of the curb or edge of the traveled and improved portion of the roadway. The vehicle must be facing the proper direction. [Ord. 1403 § 4, 1983.]
10.08.190 Angle parking – Zones.
A. In designated areas, vehicles shall be parked at a 45-degree angle with the front wheels to the curb or edge of the roadway.
B. Angle parking shall be permitted along the following streets:
1. South Sixth Street from Grant Avenue to the railroad crossing;
2. South Seventh Street, both sides from Franklin Avenue to Edison Avenue, excepting for the first two parking spaces (parallel parking spaces) south of Edison Avenue on the east side of South Seventh Street, and from Decatur Avenue to Custer Avenue, east side from Edison Avenue to Decatur Avenue, and from Franklin Avenue 150 feet south, and the west side 150 feet from Grant south;
3. South Eighth Street from Franklin Avenue to Custer Avenue;
4. South Ninth Street east side from Edison Avenue to Decatur Avenue, west side from Edison Avenue to the alley, and from Jackson Avenue to Lincoln Avenue;
5. Decatur Avenue north side from Eighth Street to Ninth Street, south side from Eighth Street 300 feet east, and both sides from South Fifth Street to South Eighth Street;
6. Edison Avenue both sides from Zillah Avenue to Ninth Street;
7. Grant Street south side from Fifth Street 350 feet east and from Sixth Street to Seventh Street;
8. Jackson Avenue south side from 350 feet east of Sixth Street to Ninth Street;
9. Franklin Avenue both sides from South Fifth Street to South Seventh Street. [Ord. 1715 § 1, 1990; Ord. 1528 § 1, 1985; Ord. 1504 § 3, 1985; Ord. 1403 § 4, 1983.]
10.08.200 Angle parking – Vehicle size limit.
It is unlawful to park any vehicle with an overall length of more than 21 feet in any angle parking area. Twenty-one feet is the overall length of a crew cab pickup truck with a step rear bumper. [Ord. 1403 § 4, 1983.]
10.08.210 No parking 3:00 a.m. to 5:00 a.m.
It is unlawful to park any vehicle on any of the following streets between the hours of 3:00 a.m. and 5:00 a.m. on any day:
A. Fifth Street from Decatur Avenue to Franklin Avenue;
B. Sixth Street from Yakima Valley Highway (Highway 12) to Lincoln Avenue;
C. Seventh Street from Decatur Avenue to Franklin Avenue;
D. Decatur Avenue from Fifth Street to Seventh Street;
E. Edison Avenue from Zillah Avenue to Tenth Street;
F. Franklin Avenue from Fifth Street to Seventh Street. [Ord. 1879 § 1, 1995; Ord. 1403 § 4, 1983.]
10.08.214 No parking of recreational equipment on public street – Exceptions.
No boat, motor home, camp trailer, travel trailer, fifth wheel, pickup camper, snowmobile or utility trailer as defined in SMC 10.08.010 shall be stored or maintained on any public street, right-of-way or other public area, except such items may be parked in a public right-of-way in front of an owner’s property for a period of seven calendar days in any given 30-day period for loading and unloading purposes. Guests of the owner may temporarily park in a public right-of-way in front of the owner’s property for a period of seven calendar days in any given 30-day period only if the motor home of the guests cannot be accommodated, due to size, on the owner’s driveway. [Ord. 1849 § 2, 1994.]
10.08.220 Penalty.
With the exception of those penalties specified in SMC 10.08.060 and 10.08.130, the penalty for parking violations will be the same as provided for those violations in the Municipal Court bail schedule. [Ord. 1598 § 7, 1987; Ord. 1403 § 4, 1983.]