HomeMy WebLinkAbout6129ORDINANCE NO. 6129
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
10.36.191, 10.36.240, 10.36.265, 10.36.270, and
10.36.360 OF THE AUBURN CITY CODE AND
ADOPTING NEW SECTIONS 10.36.261, 10.36.262 and
10.36.263 OF THE AUBURN CITY CODE RELATING
TO PARKING IN THE CITY OF AUBURN
WHEREAS, a review of the current parking restrictions in certain areas of the
City revealed a need to clarify and add to certain provisions of the City code relating to
parking.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. AMENDMENT TO CITY CODE. That Section 10.36.191, entitled
"Limitation on parking recreational vehicles on residential or nonarterial streets," is
amended to read as follows:
10.36.191 Limitation on parking recreational vehicles on residential or nonarterial
streets.
A. No person shall park any recreational vehicle as defined herein or any trailer 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 avehicular-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. For the purposes
hereof a trailer shall mean any vehicular type unit designed to be towed by
another vehicle whether attached or unattached to a towing vehicle not subject to
ACC 10.36.190.
B. The penalty for parking in violation of this section shall be a fine of $101.00 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 ^~~~ed-sF
recreational vehicle or trailer parks at a location in violation of this
Ordinance No. 6129
October 11, 2007
Page 1
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 or trailer on any street within the city that
does not have adequate space for parking or where parking is otherwise
prohibited. (Ord. 6035 § 2, 2006; Note: See Prior Ordinances -Ord. 6030 § 1,
2006; Ord. 5943 § 1, 2005; Ord. 5492 § 1, 2001.)
Section 2. AMENDMENT TO CITY CODE. That Section 10.36.240, entitled
"Parking method generally," is amended to read as follows:
10.36.240 Parking method generally.
A vehicle parked on a one-way street shall be headed in the direction designated by
traffic signs for such street and when parked parallel shall be parked with the vehicle
wheels parallel to and within 12 inches of the curb or edge of the roadway, and further,
when a vehicle is parked upon atwo-way roadway, it shall be stopped or parked with
the right-hand wheels parallel to and within 12 inches of the right-hand curb or edge of
the roadway; provided, however, if the roadway is marked for right angle parking, the
right front wheel of such vehicle shall be next to the curb or edge of the roadway; and,
provided further, that if the roadway is marked for left angle parking, the left front wheel
of such vehicle shall be next to the curb or edge of the roadway. In every event this
section shall be interpreted so as to require vehicles parked upon the public right-of-
waY, to be parked consistent with the required flow of traffic and facing in the same
direction as the flow of traffic for the side of the street where parked. (Ord. 5212 § 1
(Exh. F), 1999; 1957 code § 9.22.140(r).)
Section 3. AMENDMENT TO CITY CODE. That Section 10.36.265, entitled
"Violation," is amended to read as follows:
10.36.265 Violation.
Any person found to have committed a violation of ACC 10.36.100 through 10.36.240,
excluding ACC 10.36.175, 10.36.190, 10.36.191, and 10.36.205, shall pay a fine of
$30.00 within 15 days from the date of the issuance of such notice, or in the sum of
$40.00 if paid after the fifteenth day from the issuance of said notice, by paying the
same directly with the Auburn municipal court. It shall be a separate violation, subject to
the fines and penalties provided herein, chargeable independently and successively, for
each instance of overtime parking when the same vehicle is parked for consecutive
periods longer than the parking time limit. The monetary penalty provided for by this
section may be forfeited, or a contested or mitigated hearing may be requested as
authorized by law. (Ord. 5768 § 1, 2003; Ord. 5724 § 3, 2002; Ord. 5212 § 1 (Exh. F),
1999; Ord. 5110 § 2, 1998; Ord. 4218 § 1, 1987; Ord. 3338 § 1, 1978.)
Section 4. AMENDMENT TO CITY CODE. That Section 10.36.270, entitled
"Prohibited Parking Places," is amended to read as follows:
10.36.270 Prohibited parking places.
Ordinance No. 6129
October 11, 2007
Page 2
A. It is unlawful for the operator of a vehicle to stop, stand, park or angle park such
vehicle in or on any of the following places except when necessary to avoid
conflict with other traffic or to comply with other provisions of this code or with the
direction of a police officer ortraffic-control sign or signal:
1. Within an intersection area;
2. Within 20 feet of an uncontrolled intersection;
3. Within 30 feet of an intersection controlled by a stop sign, yield sign, or
traffic-control signal;
4. On a crosswalk or within 20 feet of a crosswalk, whether marked or
unmarked;
5. In front of or within 50 feet of the driveway entrance to any fire or police
station or within any marked area contiguous to such driveway, when
properly signed;
6. In front of or within a fire or emergency service access or an area signed
for other safety access purposes;
7. In front of or within 15 feet of a fire hydrant;
8. Within any space marked as a fire lane;
9. In front of a public or private driveway, or within five feet of the end of the
curb radius leading thereto;
10. On a sidewalk or landscape strip;
11. Alongside or opposite any street excavation or obstruction when such
stopping, parking or angle parking would obstruct traffic;
12. In any alley, except that trucks or delivery vehicles may park or angle park
in alleys for such time, not in excess of 30 minutes, as may be necessary
for the expeditious loading or unloading of such vehicles or the delivery or
pickup of articles or materials, unless otherwise restricted by this chapter;
13. Upon any bridge, overpass, underpass, trestle, or approaches thereto;
14. On that portion of any street contiguous to and opposite any outside court,
corridor, passage, fire escape, exit or entrance door or any other place
adjacent to, or any door opening in any outer wall of any building
containing, in whole or in part, any theater, public auditorium, church,
dance hall or other place of public assembly through which the public
must pass to leave such building, while such building is being utilized for
public gatherings; and it shall be incumbent upon and the duty of the
owner or agent of the property used for the purpose herein specified to
designate such prohibited areas by the placement of stanchions or signs
or curb markings of the form and type satisfactory to the city engineer;
15. On the roadway side of any vehicle stopped or parked at the edge or curb
of a street;
16. At any place where official traffic signs have been erected at the direction
of the City Engineer prohibiting parking and/or angle parking, either at all
times or at such times as are indicated upon signage giving notice thereof;
17. Outside of the limits of the individual parking spaces (stalls) designated for
vehicular on-street parking;
18. Within 30 feet of the nearest rail of a railroad crossing;
Ordinance No. 6129
October 11, 2007
Page 3
B
C.
19. ~ At any place where all official signs prohibit stopping;
20. Within traffic lanes that are less than 18 feet wide on arterial and collector
roadways, as designated in the comprehensive transportation plan,
except when authorized by sign;
21. Within median lanes in the traveled way;
22. Within roadway shoulders that are less than eight feet wide;
23. Within marked bicycle lanesi
24. Upon any street or public way for the principal purposes of displaying the
vehicles for sale or for advertising services for vehicles; or
25. Upon any street or public way for the purpose of doing any work on,
maintaining or repairing any vehicle except for repairs necessitated by an
emergency.
No person shall move a vehicle not owned by him into any such prohibited area
or away from a curb such distance as is unlawful.
If any person wishes a different parking restriction sign placement or a different
time parameter for any parking restrictions under this Section, said person may
forward such request to the City Engineer, the Mayor, the City Council Public
Works Committee, or the full City Council; Provided that the opportunity to
request such change does not create a right to such change, and the ultimate
decision on such request shall be with the City Engineer, then the Mayor, then
the City Council Public Works Committee, and then the full City Council. (Ord.
5684 § 1, 2002; Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.140.)
Section 5. AMENDMENT TO CITY CODE. That Section 10.36.270, entitled
"Prohibited Parking Places," is amended to read as follows:
10.36.360 Violation -Penalty.
Any vehicle parked in violation of ACC 10.36.190 through 10.36.520 may be
impounded by the chief of police of the city, and the cost of such impounding shall be
paid by the owner or operator of such vehicle before the same is released-any
. ,
.Any motor
vehicle owner or operator who violates any of the terms of ACC 10.36.250 through
10.36.350, except ACC 10.36.205 and 10.36.265, has committed an infraction and
shall pay a fine of $30.00 within 15 days from the date of issuance of such notice, or in
the sum of $40.00 if paid after the fifteenth day from the issuance of such notice. Fines
shall be paid directly to the Auburn municipal court. (Ord. 5841 § 3, 2004; Ord. 5768 §
2, 2003; Ord. 5740 § 1, 2003; Ord. 5724 § 6, 2002; Ord. 5493 § 1, 2001; Ord. 5212 § 1
(Exh. F), 1999; Ord. 5110 § 2, 1998; Ord. 3012 § 1, 1975; 1957 code § 9.22.170.)
Section 6. NEW SECTION TO CITY CODE. That a section 10.36.261 of the
Auburn City Code be and the same hereby is created to read as follows:
10.36.261 Removal of parking enforcement tire markings -penalty.
A. In checking for overtime parking, police officers, police department volunteers
Ordinance No. 6129
October 11, 2007
Page 4
and parking enforcement officers are authorized to use chalk marks on the
tires of parked vehicles, or any other identifying mark that does not deface
the vehicle.
B. It shall be an infraction far any person to erase, eradicate or otherwise
remove a mark placed upon any automobile, truck or other vehicle pursuant
to this section while any such automobile, truck or other vehicle remains
parked in the same place in which it was located at the time the mark was
placed upon the automobile, truck or other vehicle.
C. Any person who commits a violation of this section shall be subject to a
penalty in the amount of $75.00.
Section 7. NEW SECTION TO CITY CODE. That a section 10.36.262 of the
Auburn City Code be and the same hereby is created to read as follows:
10.36.262 Chain parking unlawful.
It shall be an infraction for any person to move and re-park a vehicle parked on the
street within two blocks of the original parking space in order to avoid a parking time
limit. It shall be an infraction for any person to move and re-park a vehicle parked in
a parking lot to another space within the same parking lot in order to avoid a parking
time limit. For the purposes of this section, a block shall be defined as a city street
or alley section located between consecutive intersections. A violation of this
section shall be an infraction punishable by a fine of $50.00.
Section 8. NEW SECTION TO CITY CODE. That a section 10.36.263 of the
Auburn City Code be and the same hereby is created to read as follows:
10.36.263 Continuous parking -multiple violations.
Anv person in continuous violation of the parking time_Iimit provisions of this title within
a single 24-hour period or andperson who commits multiple violations of the parking
time limit provisions of this title within the same 24-hour period, may be additionally
cited as a multiple offender and such act shall be_____an infraction which shall be
unishable by a fine of $50.00.
Section 9. ADMINISTRATIVE AUTHORITY. The Mayor is hereby authorized
to implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 10. SEVERABILITY. If any provision of this Ordinance or its
application to any person or circumstance 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. 6129
October 11, 2007
Page 5
Section 11. EFFECTIVE DATE. This ordinance shall take effect and be in force
five (5) days from and after its passage and publication as required by law.
INTRODUCED:
PASSED:
APPROVED:., _
PETER B. LEWIS, MAYOR
ATTEST:
Da 'Ile Daskam, City Clerk
NOV 1 9 2007
NOV 1 9 2007
V 1 9 2007
Ordinance No. 6129
October 11, 2007
Page 6
PUBLISHED: ~~- ~ %-~ 7