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ORDINANCE NO. 5 i I I
AN ORDINANCE OF THE CITY COLrNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING CITY CODE CHAPTER 10.40 ENTITLED
"MUNICIPAL OFF-STREET PARKING" TO REVISE THE MONETARY
PENALTIES SET FORTH IN THIS CHAPTER AND TO UPDATE THE CHAPTER
TO REFLECT CURRENT CHANGES IN STATE LAW.
WHEREAS, Chapter 10.40 entitled "Municipal Off-Street
Parking" needs to be amended in order to reflect revisions in
the monetary penalties that have not been revised since 1986;
and
WHEREAS, the majority of the current monetary penalties
do not adequately cover the cost of enforcement activity; and
WHEREAS, there is a need to bring current with State law
other sections of this chapter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1.
PURPOSE: The purpose of the Ordinance is as
follows:
To amend Chapter 10.40 entitled "Municipal Off-Street
Parking" to provide for an increase in monetary penalties and
to reflect changes to other sections to be in compliance with
State law.
Section 2.
AMEND CHAPTER 10.40 OF AUBURN CITY CODE.
Chapter 10.40 entitled "Municipal Off-Street Parking" is
Ordinance No. 5111
June 25, 1998
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hereby amended as set
forth in Exhibit "A" attached hereto and
OR INV<DIT¥. If any
clause or phrase of this Ordinance is for
be invalid or unconstitutional, such
incorporated herein by reference.
Section 3. CONSTITUTIONALITY
section, subsection,
any reason held to
invalidity or unconstitutionality of the remaining portions of
this Ordinance, as it being hereby expressly declared that
this Ordinance and each section, subsection, sentence, clause
and phrase hereof would have been prepared, proposed, adopted
and approved and ratified irrespective of the fact that any
one or more section, subsection, sentence, clause or phrase be
declared invalid or unconstitutional.
Seatlon 4. Chapter 10.40 entitled "Municipal Off-Street
Parking" contained in City of Auburn Code does not affect
existing litigation and does not operate as an abatement or
bar to any action or proceeding pending under or by virtue of
hereby authorized to implement
as may be necessary to carry
the amended Ordinance.
Section 5. The Mayor is
such administrative procedures
force five (5)
out the directions of this legislation.
Section 6. This Ordinance shall take effect and be in
days from and after its passage, approval and
as provided by law.
publication,
Ordinance No. 5111
June 25, 1998
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ATTEST:
Dahielle E.~ Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Ordinance No. 5111
June 25, 1998
Page 3
INTRODUCED: July 6, 1998
PASSED: July 6, 1998
APPROVED: July 6, 1998
CHARLES A. BOOTH
MAYOR
ORDINANCE NO. 5111
EXHIBIT "A"
Sections:
10.40.010
violation.
10.40.020
10.40.030
10.40.035
10.40.040
10.40.050
10.40.060
10.40.070
Penalty.
10.40.080
10.40.090
10.40.100
Chapter 10.40
MUNICIPAL OFF-STREET PARKING
Parking during certain hours prohibited - Penalties for
Three hour parking limits.
Parking spaces - Marking - Compliance required.
Auburn city employee parking established.
Violation - Report.
Violation - Notice.
violation - Fines.
Violation - Charge answer or fine payment failure -
Violation - Evidence.
Violation - Penalty.
Violation - Vehicle impoundment.
10.40.010 Parking during certain hours prohibited - Penalties for
violation.
A. It is unlawful to park any vehicle in any municipal off-street
parking lot owned or operated by the city between the hours of 4:00 a.m. and
7:00 a.m., on the first Monday of each month, when the lot is so posted by
the street department, in order that the lot may be cleaned.
B. Except as otherwise provided in this section, any person who
violates or fails to comply with any of the provisions of this section shall
upon conviction be punished by a fine ((in an} ........ ........................ ~ .... ~ ~ ~^)) of
$10-00 ({ncr mcr ..... ~ ....
C. In addition to the penalties provided in subsection B of this
section, the police department may impound any vehicle found parked in a
municipal off-street parking facility of the city in violation of this
section. Any vehicle impounded pursuant to the terms of this subsection shall
be placed in such storage lot within the city limits as may be convenient to
the police department, and all charges for towing and storage shall be paid
by the registered owner of the vehicle before the owner or any other person
may take possession thereof. (Ord. 3338 3, 1978; 1957 code 9.26.070 -
9.26.090.)
10.40.020 Three-hour parking limits.
Ail municipal off-street parking facilities operated by the city, unless
posted otherwise, are established as three-hour non-metered parking zones,
which three-hour parking limitation shall exist from 9:00 a.m. to 6:00 p.m.
daily, excluding Sundays and holidays; provided, however, the Auburn police
chief is herewith granted, subject to the approval of the mayor, authority to
declare parking moratoriums on 10 parking stalls or less where he finds such
Ordinance No. 5111
Exhibit "A"
June 25, 1998
Page 1
moratoriums in the best interest of the citizens of Auburn. (Ord. 4603
1993; Ord. 4055 1, 1985; Ord. 3748 2, 1982; 1957 code 9.26.010.)
2t
10.40.030 Parking spaces - Marking - Compliance required.
The city engineer shall place lines or marks within the municipal off-street
parking facilities operated by the city to designate the parking spaces to be
utilized by vehicles, and all vehicles utilizing the facilities shall park
within the lines or markings so established. It is unlawful to park any
vehicle across any such line or mark or to park the vehicle in such a way
that the same is not within the areas so designated by such lines or marking.
(1957 code 9.26.020.)
10.40.035 Auburn city employee parking established.
The west two-thirds of the municipal off-street parking lot located at the
southwest corner of 1st and "A" Street N.W., except for the southeasterly
most space marked "15 Minute Parking," the north three rows of the municipal
off-street parking lot located at the northeast corner of 1st and "A" Street
N.W., and the north two rows of the municipal off-street parking lot located
at 115 "A" Street N.W., except the east two spaces of the middle row marked
"City Vehicles Only" are to be used for city employee parking. The lots
included in this section shall be posted with signs reading "Parking by
Permit Only, Monday through Friday, 7:00 a.m. to 6:00 p.m. Others Impounded"
and "Free, Unlimited Parking Evenings, Weekends and Holidays." (Ord. 4360
2, 1989; Ord. 3711 2, 1982.)
10.40.040 Violation - Report.
It shall be the duty of the chief of police, or such other official of the
city as may be delegated authority over standing violations of ACC 10.40.020
and 10.40.030, to report:
A. The number or designation of the parking lot in which the vehicle is
or has been parking in violation of any provisions of this chapter; B. The state license number of the vehicle;
C. The time during which the vehicle is or has been parking in
violation of any of the provisions of this chapter;
D. Any other facts, a knowledge of which is necessary for a thorough
understanding of the circumstances attending such violation. (1957 code
9.26.030.)
10.40.050 Violation - Notice.
Each officer shall attach to the vehicle a notice to the owner or operator
that the vehicle has been parking in violation of the provisions of this
chapter, and instructing the owner or operator to report to the municipal
court in regard to such violation. (1957 code 9.26.030.)
10.40.060 Violation - Fines.
Any person ((ckar~cd ~itk an cffan~a)) found to have comittad a violation
under this chapter ((may pc~t ball in thc}) shall Daw · sum of (($5.0~))
$10.00 if SO ((pouted)) paid within 15 days from the date of issuance of such
notice, or in the sum of ((~i0.00)) $20.00 if so ({pczted)) paid after the
fifteenth day from the issuance of said notice, by ((pszting)) Davin~ the
Ordinance No. 5111
Exhibit "A"
June 25, 1998
Page 2
same directly with the ((traffic viclaticnc ~urcau cf thc city)) Auburn
nici 1 Co rt. ((~ii hail mancys)) The monetary penalty provided for by
this section may be forfeited or ((tria!~) a contested or mlt£aated he~r~nq
may be requested as authorized by law. (Ord. 4218 3, 1987; Ord. 3338 4,
1978; 1957 code 9.26.030.)
10.40.070 Violation - Charge answer or fine payment failure - Penalty.
Any person who neglects to answer to the charges set forth in the notice or
to post bail as provided in ACC 10.40.060 is guilty of a violation of this
chapter, regardless of the charges for which the notice was originally
issued, and shall upon ((ccnvicticn)) a findina of committina a violation
will be fined ((in a cum .nat cxccalin~ $I$~.00)) $50.00. (1957 code
9.26.030.)
10.40.080 Violation - Evidence.
In any prosecution charging a violation of this chapter, proof that the
particular vehicle described in the complaint was parked in violation of any
of the provisions of this chapter, together with proof that the defendant
named in the complaint was at the time of such parking the registered owner
of the vehicle, shall constitute prima facie evidence that the registered
owner of the vehicle was the person who parked or placed the vehicle to a
point where, and for the time during which, the violation occurred. (1957
cod~ 9.26.030.)
10.40.090 Violation - Penalty.
Except as otherwise provided in this chapter, any person who violates or
fails to comply with any of the provisions of this chapter, or who counsels,
aids or abets any such violation or failure to comply, ((~
.................... , ........ ~ ......... b~)) h~s
committed an infraction and as such shall be sub, eat t,, a fine
--~ c::ccc_in-
.... ~ = ) of SlO0.O0. (Ord. 3014 1, 1975; 1957 code
9.26.040.)
10.40.100 Violation - Vehicle impoundment.
In addition to the penalties specified in ACC 10.40.040 through 10.40.090,
the police department of the city may impound any vehicle parked in a
municipal off-street parking facility of the city in violation of ACC
10.40.035. Any vehicle impounded pursuant to the terms of this chapter shall
be placed in such storage lot within the city limits as may be convenient to
the police department, and all charges for storage shall be paid by the
registered owner of the vehicle before the owner or any other person may take
possession thereof. (1957 code 9.26.050.)
((c)1997 Code Publishing, Inc. - Rev. 1296)
Ordinance No. 5111
Exhibit "A"
June 25, 1998
Page 3