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Home My WebLink AboutITEM VIII-A-4 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6035 Department: Attachments: Le al Ordinance No. 6035 Administrative Recommendation: Date: Jul 11,2006 Budget Impact: City Council introduce and adopt Ordinance No. 6035. Background Summary: The current provisions of the Auburn City Code provide for some limitations of larger vehicles being parked along certain streets in the City. However, the current provisions do not address some of the distinctions that need to be made between different types of larger vehicles that could be parked on residential streets. Ordinance No. 6035 clarifies the parking of larger vehicles along City rights-of-way. 01.2 Reviewed by Council & Committees: D Arts Commission COUNCIL COMMITTEES: D Airport 0 Finance o Hearing Examiner 0 Municipal Servo o Human Services 0 Planning & CD o Park Board OPublic Works o Planning Comm. 0 Other Reviewed by Departments & Divisions: o Building 0 M&O o Cemetery 0 Mayor o Finance 0 Parks o Fire 0 Planning o Legal 0 Police o Public Works D Human Resources o Information Services Action: Committee Approval: Council Approval: Referred to Tabled DYes ONo DYes ONo Call for Public Hearing _1_1_ Until_I_I_ Until _1_1_ Staff: Heid Item Number: VIII.A.4 AUBURN * MORE THAN YOU IMAGINED ORDINANCE NO. 6 0 3 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON AMENDING SECTION 10.36.190 OF THE AUBURN CITY CODE AND ADDING A NEW SECTION 10.36.191 OF THE AUBURN CITY CODE RELATING TO OVERSIZE AND 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 distinctions that need to be made between different types of larger vehicles that could be parked on residential streets; 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: 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 (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 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 (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 Ordinance No. 6035 July 6, 2006 Page 1 of 4 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 'Nay in the City for more than 24 hours. For the purposes hereof, "Recreational vehicle" means a vehicular type unit primarily designed for recreational camping or travel use that (1) has its own motive pmver or (2) is mounted on or (3) is towed by ~lnother vehicle, whether attached or unattached to a tm^.'ing vehicle. 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. &D. 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. E. The provisions of this Section do not apply to Recreational Vehicles as defined in Section 10.36.191 of the City Code. 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. 6030 S 1,2006; Ord. 5943 S 1,2005; Ord. 5492 S 1, 2001.) Section 1. New Section to City Code. That a new Section 10.36.191 of the Auburn City Code be, and the same is hereby created to read as follows: 10.36.191 Limitation on Parking Recreational Vehicles on Residential or Non-arterial Streets. A. No person shall park any Recreational Vehicle as defined herein on any street, alley or public right-of-way in any residential neighborhood in the City for more than 24 hours. 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 in the City. For the purposes hereof, "Recreational vehicle" means a vehicular-type unit primarily designed for recreational camping or recreational travel use that (1) has its own motive power or (2) is mounted on or (3) is towed by another vehicle, whether attached or unattached to a towing vehicle. B. The penalty for parking in violation of this section shall be a fine of $101 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 Ordinance No. 6035 July 6, 2006 Page 2 of 4 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. C. It is further provided, however, that this Section does not permit or authorize anyone to park any Recreational Vehicle on any street within the City that does not have adequate space for parking or where parking is otherwise prohibited. (Note: See Prior Ordinances - Ord. 6030 S 1, 2006; Ord. 5943 S 1, 2005; Ord. 5492 S 1, 2001.) Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this ordinance. Section 4. 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. Section 5. Effective Date. 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 Ordinance No. 6035 July 6,2006 Page 3 of 4 Approved as to form: Publication Ordinance No. 6035 July 6, 2006 Page 4 of 4