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HomeMy WebLinkAbout43581 2 3 4 5 6 7 8 9 10 11 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 4 3 5 8 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 10.36.268 ENTITLED, "DISABLED PARKING - VIOLATION" OF CHAPTER 10.36 OF THE AUBURN CITY CODE ENTITLED "STOPPING, STANDING AND PARKING" BY AMENDING THE REQUIREMENTS OF SUBPARAGRAPH C TO CONFORM TO THE REQUIREMENTS SET OUT IN SUBPARAGRAPH A OF 10.36.268 AND ADDING A NEW SUBPARAGRAPH "E" TO PROVIDE A PENALTY TO CONFORM TO STATE LAW REQUIREMENTS. WHEREAS, the City imposes requirements for indicating a parking space or stall for a physically disabled person in Section 10.36.268 A of the Auburn City Code; and WHEREAS, the State imposes requirements regarding the imposition of fines for traffic infractions regarding physically disabled parking spaces or stalls in Chapter 46.16 RCW; and WHEREAS, the current provisions of Auburn City Code Section 10.36.268 C should provide conformance with Auburn City Code Section 10.36.268 A and Section 10.36.268 should conform to 46.16 RCW requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. PURPOSE. The purpose of this ordinance is to amend Section 10.36.268 entitled "DISABLED PARKING - VIOLATION" of the Auburn City Code Chapter 10.36 entitled "STOPPING, STANDING AND PARKING", specifically by amending ------------------- Ordinance No. 4358 Page 1 October 3, 1989 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 the requirements of subparagraph C to conform to the requirements of subparagraph A and adding a new subparagraph E to provide a penalty to conform to the State law requirements contained in Section 46.16.381(7) RCW. Section 2. Section 10.36.268 is hereby amended to read as follows: 10.36.268 Disabled parking - Violation. A. A parking space or stall for a physically disabled person shall be indicated by: 1. A painted state -approved handicap symbol on the pavement situated in the center of the parking stall designated handicap parking for public and private property parking; and 2. A vertical sign, between forty-eight and sixty inches off the ground, with the international symbol of access described under RCW 70.92.120 displaying the notice "State disabled parking permit required" and a warning that other vehicles without permits will be impounded. B. Any person who meets the criteria for special parking privileges under RCW 46.16 shall be allowed free of charge to park a vehicle being used to transport that 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 does not apply 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 ------------------- Ordinance No. 4358 Page 2 October 3, 1989 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vehicles. The person shall obtain and display a special card, decal, or license plate under RCW Chapter 46.16 to be eligible for the privileges set forth in this section. C. No person shall stop, stand or park a vehicle in a properly posted and marked parking space or stall indicated for a physically disabled person as provided in subsection A. ff- t,�l�etl�e�-�l�e-spa}}-}s-inelieateel-as-�eelt�i�eel-bp sttbseetien-A-a€-�lq}s-seetien;-bp-pa�eme�t �a�3�ings-e�-a-s�g�-}�elieating-tka�-�l�e-sta}} }s-�ese��eel-€ems-d}seb}eel-paw#ie�;) ) for any purpose or length of time unless such vehicle displays a special license plate, card or decal indicating that the vehicle is being used to transport a disabled person as defined under RCW Chapter 46.16. D. A vehicle may be impounded with a parking citation and giving prior notice to its owner when a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person as defined under RCW Chapter 46.16 is parked in a stall or space clearly and conspicuously marked therefor whether the space is provided on private property without charge or on public property, as signed and marked as set forth in subsection A of this section. The issuance of a previous parking citation to said vehicle for violation of the terms of this section shall constitute said prior notice. Section 3. There is hereby added to Section 10.36.268, a Subparagraph E to read as follows: E. Any violation of this section shall be an infraction and punishable by a monetary Penalty of Fifty Dollars. ------------------- Ordinance No. 4358 Page 3 October 3, 1989 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17' 18 19 20 21 22 23 24 25 26 Section 4. The provisions of this Ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this Ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this Ordinance, or the validity of its application to other persons or circumstances. Section 5. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. ------------------- Ordinance No. 4358 Page 4 October 3, 1989 INTRODUCED: /(/ - l & - S'� PASSED: ZL APPROVED: l l M A Y&'O R 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: J Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Margderite Schellentrager, City Attorney PUBLISHED: m/a-, l ,?/ ------------------- Ordinance No. 4358 Page 5 October.3, 1989 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Ordinance No. 4358 of the ordinances of the City of Auburn, entitled "AN ORDINANCE." I certify that said Ordinance No. 4358 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the the 16TH day of OCTOBER A.D., 1989. I further certify that said Ordinance No. 4358 was published as provided by law in the Valley Daily News, a daily newspaper published in the City of Auburn, and of general circulation therein, on the 22ND day of OCTOBER, A.D., 1989. Witness my hand and the official seal of the City of Auburn this October 23, 1989, A.D. Robin Wohlhueter City Clerk City of Auburn