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HomeMy WebLinkAbout5943 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: 10.36.190 Parking of semitrailers, truck tractors, trailers, bonts, onmpiR€I trailorE nnd metorhomes on a public roadway or public right of way, including nil residentinl districts .....ithin tho oity of Auburn No Oversize or Commercial Vehicles on Residential or Non-arterial Streets. Ordinance No. 5943 September 6,2005,6:00 p.m. Page 1 of 4 A. Semitrailors Not /\ltnchod to Truck Tractor. ,^..ny somitrailer parked on a public rondwny or in the public right of way within the city limits of /\uburn, including nil residontial districts, 'Nhich arc not nttnched ::md fully on9nged onto a truck tractor used primarily for drawing n semitrailor is prohibited nnd shall be nn infraction punishablo by a monetarj ponalty not to oxceed $250.00. The monotary pennlty providod for by this section may be forfeited, or ::I contested or mitigated hoaring may bo requestod, ns nuthorizod by Inw No person shall park any vehicle which is more than eiqhtv (80) inches in width, other than a recreational vehicle as defined herein. or any commercial vehicle laraer than a one ton pick-up on any street, allev or public riaht-of-wav in any residential neiqhborhood in the City. For the purposes hereof, a residential neiahborhood shall mean an area where the maioritv 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 directlv adiacent to and on the same side of the street as property on which a commercial business, other than a properlv permitted Home Occupation. is located. B. Somitrailer Attachod to tho Truck Tractor. No semitrailor thnt is nttachod and fully ongaged onto a truck tractor used primarily for drawing a somitrailor shnll bo parkod on a public roadwilY or in tho public right of way in a residential district in the city for n poriod oxceeding one hour's continuous timo, except for the expoditious loading or unloading of articles ::Ind materials. This includes tho truck tractor without the trailor. Pnrking of the truck tr::lctor without tho somitKliler is nlso prohibited No person shall park any vehicle which is more than eiqhtv (80) inches in width, other than a recreational vehicle as defined herein, or any commercial vehicle laraer than a one ton pick-up on any street, allev or public riaht-of-wav which is a non-arterial street within the City. For the purposes hereof. a non-arterial street shall include any street that is not desianated 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. Boats, Boat Trailors, Utility Trailors, RV Trailors, or Any Othor Licensed Trailer. I\ny boat, bont trniler, utility trailer, RV tKliler, or nny othor licensed trailer not included in subsections A or B of this soction that is parked on n public rondvlay or in tho public right of 'Nay in all residontinl districts is prohibitod, excopt when the trailer if:) nttached and fully ongngod to tho towing '/ohicle. If tho tr::liler is aUnched nnd fully engnged to the towing '1ohicle, it may not be p::lrked en a public roadway or in the public right of way for more than 24 OOmsNo person shall park any recreational vehicle as defined herein on a public roadway or in the public riaht-of-wav in the City for more than 24 hours. For the purposes hereof, "Recreational vehicle" means a vehicular-tvpe unit primarilv desianed for recreational campino or travel use that has its own motive power or is mounted on or towed bv another vehicle. The units include boat trailers while attached and fullv enaaoed to the towino vehicle, travel trailers while attached and fullv enoaoed to the towino vehicle, fifth-wheel trailers while attached and fullv enqaoed to the towino vehicle, foldino campino trailers while attached and Ordinance No. 5943 September 6, 2005, 6:00 p.m. Page 2 of 4 fullv enQaQed to the towinQ vehicle, truck campers. motor homes, and privatelv owned (non-commercial) utilitv trailers while attached and fullv enQaoed to the towino vehicle. No boat trailer, travel trailer, fifth-wheel trailer, foldino campino trailer or utilitv trailer not attached and fullv enoaoed to the towino vehicle may be parked on a public roadway or in the public rioht-of-wav in the City at any time. D. Motorhomes. Motorhomes may bo legally parked on a public roadway or in tho public rigAt of way in all residential distriets f-or no more than 24 OOmslt shall be a defense to a violation of this section that durino the entire time that the vehicle was parked in the residential neiohborhood the operator of the vehicle was active Iv enoaoed in makino a deliverv or providino services to residents in the immediate vicinity of where the vehicle was parked. E. ,^..II Vehicles ~lot Included in Subsection 1\, B, C or 0 of This Section, I\ny vehicle not included in subsoction ,^.., B, C or 0 of this section which exceeds soven and one half fBet in width or exceeds 20 feet in length is prohibited from parking on a public roadwoy or in the public right of way in all residontial districts in the city for a peried exceeding one hour's continuous time except for the expeditious loading or unloading of articles ond mnterinlsThe penaltv for parkino in violation of this section shall be a fine of $250 per violation, in addition to other costs and assessments provided bv law. A violation of this section shall be considered a parkino infraction and shall be processed in accordance with the state statutes court rules and oily ordinances reoardino parkinq infractions. Each calendar day durino which a violation occurs shall constitute a separate infraction, and each instance when an oversized or commeroial 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 parkino or where parkino is otherwise prohibited. (Ord. 5492 S 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. Severabilitv. 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 September 6,2005,6:00 p.m. Page 3 of 4 Section 4. 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. Attest: /VU1J){ ~ Danielle E. Daskam City Clerk Ordinance No. 5943 September 6, 2005, 6:00 p.m. Page 4 of 4 INTRODUCED: SEP 6 - 2005 SEP 6- 2005 SEP 6 - 2005 PASSED: APPROVED: ....--> --- PETER B. LEWIS MAYOR