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HomeMy WebLinkAbout09-06-2005 ITEM VIII-A-6k AUBURN .- I WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 5943 relating to oversized or Date: commercial vehicles on residential or non -arterial streets August 31, 2006 Department: Attachments: Ordinance No. 5943 Budget Impact: Administrative Recommendation: City Council introduce and adopt Ordinance No. 5943. Background Summary: Because of certain changes in the availability of regional or area truck stops, the City of Auburn has experienced what appears to be an increased number of large vehicles parking along city streets. These large vehicles, most of which are commercial trucks, pose specific problems for certain streets, including impacts to clear visibility for pedestrians and other vehicles, as well as taking parking spaces otherwise available to people who may live in the vicinity. Accordingly, in order to make sure that the City has some measure of control over the parking along city streets by larger vehicles, it is appropriate, to amend the current provisions of the Auburn City Code which do have some limitations, but which do not, currently, address the problems that have surfaced recently or at least that have increased recently. The proposed ordinance seeks to ratchet up the restriction on certain types of vehicles parking along City streets, limiting large vehicles from certain residential areas and from non -arterial streets. It may be that if regional truck stops are developed, or that parking is otherwise provided for commercial and larger vehicles, this problem may be alleviated by itself, but until or unless that happens, the increased parking restrictions provided by this ordinance should assist the affected neighborhoods. A0906-1 01.6 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: []Yes []No Call for Public Hearing Referred to Until Tabled Until Councilmember: Cerino Staff: Heid Meeting Date: September 6, 2005 1 Item Number: VIII.A.6 AUBURN *MORE THAN YOU IMAGINED ORDINANCE NO. 5 9 4 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON AMENDING SECTION 10.36.190 OF THE AUBURN CITY CODE RELATING TO OVERSIZE OR COMMERCIAL VEHICLES ON RESIDENTIAL OR NON -ARTERIAL STREETS WHEREAS, the current provisions of the Auburn City Code provide for some limitations of larger vehicles being parked along certain roadways of the City; and WHEREAS, the current provisions, however, do not address some of the impacts that result from larger vehicles being parked along City streets, including the impacts of larger and commercial vehicles being parked along non -arterial streets; and WHEREAS, as a result, the City is experiencing increased problems of larger vehicles being parked along City roadways that do not accommodate such use or that leaves unaddressed impacts on the community; and WHEREAS, it is appropriate that the City modify its code provisions to more clearly address parking of larger vehicles along City rights-of-way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Section 10.36.190 of the Auburn City Code be, and the same is hereby amended to read as follows: Commercial Vehicles on Residential or Non -arterial Streets. Ordinance No. 5943 August 31, 2005 Page 1 of 4 WN, —oil IMMINIMPORmn MA" VIRW neignborhood in the City. For the purposes hereof, a residential neighborhood shall mean an area where the maiority of property in the vicinity is used for residential purposes and/or is zoned for residential uses: Provided that it shall be a defense to a violation of this section that the vehicle was parked directly adiacent to and on the same side of the street as property on which a commercial business other than a properly permitted Home Occupation, is located. B S '4 'I A44 h d to the T L T 4 Ngt .i that a r- without the semitrailer is also pFehibited No person shall park any vehicle which is more than eighty (80) inches in width other than a recreational vehicle as defined herein, or any commercial vehicle larger than a one ton pick-up on any street, alley or public right-of-way which is a non -arterial street within the City. For the Purposes hereof, a non -arterial street shall include any street that is not designated in the Transportation Element of the City's Comprehensive Plan as a Principle Arterial, Minor Arterial Non-residential Collector Residential Collector. or Rural Collector. C. l Gthe Ldnamgpd Tmiler. Any beat, beat tFaileF, utility trawler, RV tFaiIeF, or ay —ether irked ort Strists is pi;ehibited, exGept when the tFailer is attaGhed and fully engaged to 3 tewing - -. ,- -V8h*Gle. if the tFailer ir attanhed and fully engaged to the towing vehirle, it may roadway or in the public right-of-way in the City for no more than 24 hours. For the purposes hereof, "Recreational vehicle" means a vehicular -type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle The units include travel trailers while attached and fully engaged to the towing vehicle truck campers motor homes. Ordinance No. 5943 August 31, 2005 Page 2 of 4 camping trailer or utility trailer not attached and fully engaged to the towing vehicle may be parked on a public roadway or in the public right-of-way in the City at any time. D..hre. heafslt shall be a defense to a violation of this section that during the entire time that the vehicle was parked in the residential neighborhood the operator of the vehicle was actives engaged in making a delivery or providing services to residents in the immediate vicinity of where the vehicle was parked. E. All VehoGle6 Not lnGluded in SubseGfion A, 13, G or of This , C oF D of this on whish --.,(reeds raven nal n half feet On 'doh er d 20 feet length is prial6The penalty for parking in violation of this section shall be a fine of $250 per violation, in addition to other costs and assessments provided by law. A violation of this section shall be considered a parking infraction and shall be processed in commercial vehicle parks at a location in violation of this section shall be a separate violation. F. It is further provided however, that this Section does not permit or authorize anyone to park any oversized or commercial vehicle on any street within the City that does not have adequate space for parking or where parking is otherwise prohibited. (Ord. 5492 § 1, 2001.) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this ordinance. Section 3. Severability. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. Ordinance No. 5943 August 31, 2005 Page 3 of 4 Section 4. Effective bate. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: PASSED: APPROVED: PETER B. LEWIS MAYOR Attest: Danielle E. Daskam City Clerk Approved as to form: City Attorney Publication Ordinance No. 5943 August 31, 2005 Page 4 of 4 Existing Code Section 10.36.190 Parking of semitrailers, truck tractors, trailers, boats, camping trailers and motorhomes on a public roadway or public right-of-way, including all residential districts within the city of Auburn. A. Semitrailers Not Attached to Truck Tractor. Any semitrailer parked on a public roadway or in the public right-of-way within the city limits of Auburn, including all residential districts, which are not attached and fully engaged onto a truck tractor used primarily for drawing a semitrailer is prohibited and shall be an infraction punishable by a monetary penalty not to exceed $250.00. The monetary penalty provided for by this section may be forfeited, or a contested or mitigated hearing may be requested, as authorized by law. B. Semitrailer Attached to the Truck Tractor. No semitrailer that is attached and fully engaged onto a truck tractor used primarily for drawing a semitrailer shall be parked on a public roadway or in the public right-of-way in a residential district in the city for a period exceeding one hour's continuous time, except for the expeditious loading or unloading of articles and materials. This includes the truck tractor without the trailer. Parking of the truck tractor without the semitrailer is also prohibited. C. Boats, Boat Trailers, Utility Trailers, RV Trailers, or Any Other Licensed Trailer. Any boat, boat trailer, utility trailer, RV trailer, or any other licensed trailer not included in subsections A or B of this section that is parked on a public roadway or in the public right-of-way in all residential districts is prohibited, except when the trailer is attached and fully engaged to the towing vehicle. If the trailer is attached and fully engaged to the towing vehicle, it may not be parked on a public roadway or in the public right-of-way for more than 24 hours. D. Motorhomes. Motorhomes may be legally parked on a public roadway or in the public right-of-way in all residential districts for no more than 24 hours. E. All Vehicles Not Included in Subsection A, B, C or D of This Section. Any vehicle not included in subsection A, B, C or D of this section which exceeds seven and one-half feet in width or exceeds 20 feet in length is prohibited from parking on a public roadway or in the public right-of-way in all residential districts in the city for a period exceeding one hour's continuous time except for the expeditious loading or unloading of articles and materials. (Ord. 5492 § 1, 2001.) Proposed New (Amended) Code Section 10.36.190 No Oversize or Commercial Vehicles on Residential or Non -arterial Streets. A. No person shall park any vehicle which is more than eighty (£30) inches in width, other than a recreational vehicle as defined herein, or any commercial vehicle larger than a one ton pick-up on any street, alley or public right-of-way in any residential neighborhood in the City. For the purposes hereof, a residential neighborhood shall mean an area where the majority of property in the vicinity is used for residential purposes and/or is zoned for residential uses; Provided that it shall be a defense to a violation of this section that the vehicle was parked directly adjacent to and on the same side of the street as property on which a commercial business, other than a properly permitted Home Occupation, is located. B. No person shall park any vehicle which is more than eighty (£30) inches in width, other than a recreational vehicle as defined herein, or any commercial vehicle larger than a one ton pick-up on any street, alley or public right-of-way which is a non - arterial street within the City. For the purposes hereof, a non -arterial street shall include any street that is not designated in the Transportation Element of the City's Comprehensive Plan as a Principle Arterial, Minor Arterial, Non-residential Collector, Residential Collector, or Rural Collector. C. No person shall park any recreational vehicle as defined (herein on a public roadway or in the public right-of-way in the City for no more than 24 hours. For the purposes hereof, "Recreational vehicle" means a vehicular -type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The units include travel trailers while attached and fully engaged to the towing vehicle, fifth -wheel trailers while attached and fully engaged to the towing vehicle, folding camping trailers while attached and fully engaged to the towing vehicle, truck campers, motor homes, and privately owned (non- commercial) utility trailers while attached and fully engaged to the towing vehicle. No travel trailer, fifth -wheel trailer, folding camping trailer or utility trailer not attached and fully engaged to the towing vehicle may be parked on a public roadway or in the public right-of-way in the City at anytime. D. It shall be a defense to a violation of this section that during the entire time that the vehicle was parked in the residential neighborhood the operator of the vehicle was actively engaged in making a delivery or providing services to residents in the immediate vicinity of where the vehicle was parked. E. The penalty for parking in violation of this section shall be a fine of $250 per violation, in addition to other costs and assessments provided by law. A, violation of this section shall be considered a parking infraction and shall be processed in accordance with the state statutes court rules and city ordinances regarding parking infractions. Each calendar day during which a violation occurs shall constitute a separate infraction, and each instance when an oversized or commercial vehicle parks at a location in violation of this section shall be a separate violation. F. It is further provided, however, that this Section does not permit or authorize anyone to park any oversized or commercial vehicle on any street within the City that does not have adequate space for parking or where parking is otherwise prohibited.