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HomeMy WebLinkAboutITEM III-ACITY OF AGENDA BILL APPROVAL FORM * WASHINGTON Agenda Subject: Ordinance 6275 Date: January 11, 2010 Department: Attachments: Budget Impact: Public Works Ordinance No. 6275 $ 0 Administrative Recommendation: Adopt Ordinance No. 6275 Background Summary: Parking on planting strips was initially brought to the City's attention by residents who requested the City evaluate the restriction of parking on planting strips where there isinsufficient on-street parking available. As a result, the City Council asked staff to look into this and see if the City's parking laws could potentially be amended to allow residents to park on planting strips within the right-of-way without being cited for a parking violation. In November of 2008 the City Council Adopted Ordinance No. 6211 which temporarily allowed parking on planting strips on an interim basis. This ordinance specified that during the interim period staff would evaluate the feasibility of parking on planting strips, take any public comments, and return to the PWC with a recommendation. Upon receipt of public input and analyzing both the positive and negative impacts of allowing parking on planting strips, a number of concerns have been identified if parking on the planting strips were to continue. These concerns include enforcement, impacts to utilities, impacts to landscaping, cost of improvements, and individual parking rights. It was also recognized that it is a common practice in the region toallow on-street parking on one side of the street even along narrow streets to address neighborhood parking concerns, particularly in older neighborhoods where off-street parking is limited. Staff recommends that parking not be allowed on planting strips and that where feasible, on-street parking be provided on one side of the street on acase-by-case basis where needed to help address neighborhood parking concerns. The feasibility of on-street parking will include consideration of traffic engineering and emergency access requirements. W0119-6 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0 ❑ 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 I l Referred to Until I l Tabled Until I I Councilmember: Wa ner Staff: Dowd Meeting Date:: February 1, 2010 Item Number: k t + •1~ ORDINANCE N0.6_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 10.36.270 OF THE AUBURN CITY CODE, RELATING TO STOPPING, STANDING, AND PARKING WHEREAS, the Auburn City Code includes public safety regulations which address traffic and parking regulations enforceable within the City; and WHEREAS, the current provisions of the City Code define parking in terms of the types of streets to which regulations apply and enforcement alternatives; and WHEREAS, in November of 2008 the City Council Adopted Ordinance No. 6211 which temporarily allowed parking on planting strips on an interim basis; and WHEREAS, the intent of this interim measure was to determine if parking is feasible on planting strips and if so are there specific requirements that shall be met to continue this practice; and WHEREAS, upon analyzing both the positive and negative impacts of allowing parking on planter strips, the City Council has determined it is not supportable to allow parking on planting strips long term so as to protect the health, safety, and general welfare of the citizens of Auburn. WHEREAS, a review of the parking regulations indicates it necessary to amend those regulations to clarify definitions and regulatory provisions, including parking regulations on planting strips. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Ordinance No. 6275 Revisions: January 4, 2010 r 1a, Anna Page 1 of 6 Section 1. Amendment to City Code. That section 10.36.020 of the Auburn City Code is amended to read as follows: 10.36.020 Definitions. A. The definition of words and phrases contained in RCW 46.04.010 through 46.04.700, except 46.04.150 and 46.04.355, adopted by reference in Chapter 10.04 ACC, shall, for the purpose of this chapter, have the same meanings ascribed to the words and phrases therein. B. The following words and phrases, when used in this chapter, shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section, unless where used the context thereof clearly indicates to the contrary: 1. "Bicycle lane" means the portion of the travel way for the movement of bicycles. 2. "Commercial loading zone" means a designated portion of the street along the curb reserved for use in loading and unloading commodities, merchandise, produce, freight or animals by commercial vehicles only. 3. "Individual parking space" means a portion of the paved section of the street, of sufficient length and depth from the sidewalk curb to accommodate a vehicle to be parked, as shall be specified and marked off by the street division of the city. 4. "Median lane" means a speed change lane within the median to accommodate left turning vehicles. 5. "Mountable curb" is a curb designed so vehicles can cross them readily when the need arises. Mountable curbs are low with flat sloping faces and typically combine a gutter. 5 6 "Nonmetered parking zones" means portions of streets described and established by the city council as zones within which the parking of vehicles shall be controlled, regulated and inspected by the parking enforcement personnel of the city. 0.7. "Parking" means the standing of a vehicle upon a street, whether such vehicle is occupied or not, and whether such vehicle is accompanied or not, by an operator, for a period of time in excess of two minutes. 7.8. "Passenger loading zone" means a designated portion of the street along the curb reserved for use in loading and unloading passengers by passenger vehicles only. 89. "Planting Strip„ means:,:.: f^r sty opts W~r~i~h curb aid gutter ; the:.:. area ha~~nioon fho r+i Irh ~nrl +ho ~rlinininrl nrnnor~~i lino avr~ll i~iva of ~n~~ ~irlo~n~~lU nr NLIVYVVI ~ LI IV VIAI N 6d11\,I LI IV c~d~A,vll Ill ly ~./I V`.JVI ~y I11 IV, Ll~V11dVl VL vl 6d1 V1~..1\./YVC.,111\ VI narlo~fri~n frail nro~onf ~nr ~+roo+~ ~n~i~h ~ rnllorl r+llrh nr nn r+llrh ~~Dl~nfinrl Cfrin" ~.JL\AVV~1 lul 1 LI ull (✓1 vVVI IL. 1 VI V~1 LLw VV ILI 1 u 1 vIIL\A vul N VI 1 IV vbll N, 1 lul 111 ly V~1 1`.J cane #hca area h~~~n~c,~~n ~hc~ c~rlr~,~ of naa~c~mc,~n~ and ana~ eir~ca~~n~al~r _nr r~~rlcae~rian. i 1 IL~1 1"~ r.l Ir: r:~l `r:~ KJ~LtiVV"L'lrl i""" r.l 1'i.i.... L~~L 'u'1 ~J'r7I"V LI"1".ILI 1"""' r.Jll r~l ~I"1"~` t7'1"'~.1'IrVW"~.U71r """li'1 'lr"i~L~7i'LI I~JiI"7 ~r~il nro~on+ nr if nn ~i Inh ~irlo~ni~lU nr ~r~il i~ nro~on~ fho ~ro~ ho~~nioon fho orlryo LI call ~✓1 VVVI IL, VI 11 I IV VuVI 1 VI~dLVVUII\ VI ~I c..tll IV ~✓I LVVI IL, LI IL ul vu NVLVVVVI 1 ~I IL VWyV of fho r~womon~ ~nrl fho ~rlinininrr r~rnr~or~~i lino VI L1 iL I.JUV'LI 1 iLl 1L Lll 1`1 Li IL G+1Li,V1 lli ly FJ1 VFJL"~y Ilf 1L " ~nn S±r;n" I I°a that portion of street lying between the constructed y~ curb and property line, exclusive of any sidewalk or pedestrian path. For streets Ordinance No. 6275 Revisions: January 4, 2010 r 1a, Anna Page 2 of 6 with a rolled curb or no curb, "Planting Strip" means the area between the edge of the street and any sidewalk or pedestrian path present, if there is no constructed sidewalk, then "Planting Strip" means that portion of the street lying between the traveled way and the property line, exclusive of any established pedestrian path. x:10 "Recreational vehicle" means a vehicular-type unit primarily designed for recreational camping or recreational travel use that (a} has its own motive power, or (b) is mounted on, or (c) is towed by another vehicle, whether attached or unattached to a towing vehicle. '!x.,11. "Residential neighborhood" means an area where the majority of property in the vicinity is used for residential purposes andlor is zoned for residential uses in the city. 12. "Shoulder" means the area between the roadway edge and ci~~a~~a~k nn +h~ ~nr+inn of a.: c~r~a~a~ ha+,n,oon +h~, rnarl~n~a~~ ~arl~rr:~ a:nrJ either the ~ ~ rIl Yl~ ~ I ~'1 'L7' i i ti i I'~.+ ~ y l ~'i.J' i i J i ~ ~ l i ".i i.i r "~.J''iis ~ V V V V I I ~ I I 'lr 7 'LJr i..r'~1.~ ~'Y i..r ~ C..~ i `i.A sidewalk or edge of the right-of-way where no sidewalk is present where there are no constructed curbs, but because of gravel, rock or other surface treatment does not constitute a planting strip. ~-'!.13. "Street" means and includes streets, avenues, ways, boulevards, drives, highways and all places, except private alleys, open to the public for the use of vehicles. Street also means unpaved areas within the right of way. 2.14. "Traffic Island" shall mean a curbed area in a roadway from which traffic is excluded. X15. "Traffic lane" means the portion of the traveled way for the movement of a single line of vehicles. .,16. "Traveled way" means the portion of roadway for the movement of vehicles, exclusive of shoulder. 17. "Vertical or Barrier curb" shall mean a curb with a vertical or nearly vertical face intended to discourage vehicles form leaving the roadway. (Ord. 6247 § 1, 2009, Ord. 6222 § 1, 2009; Ord. 6211 § 1, 2008; Ord. 5684 § 1, 2002; Ord. 5212 § 1 (Exh. F}, 1999; 1957 code § 9.22.010.) Section 2. Amendment to City Code. That Section 10.36.270 of the Auburn City Code is amended to read as follows: 10.36.270 Prohibited parking places. A. 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 or traffic-control sign or signal, 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: 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, ortraffic-control signal; Ordinance No. 6275 Revisions: January 4, 2010 r 1a, Anna Page 3 of 6 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; 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, pedestrian path, or planting strip, pry v►;ded that ho roeirlo_n~i~l ~nnoe of fho (`i~~i ~n►har4 o nl~n ' 'n ie ~a~~or ~h~n Q foot in ~n►irlth ho ►oon o orlrra of n~~►omon~ I YYI~.A~1 ~n~l fho cirlo~n►~IU nr fho orlno of rinhf_nf_~n►~~~ if ~haro is nn cirlo~n►~IU ~nrl fha {.A11~,., LI IV VIb,VYVUII\ VI ~I IV Vb,yV VI 11~1I~ VI YYVIy II LI IVI V IV 1I\.► VI\dVYY{.All\, ~I lw LI IV ~o v I.V , 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; 19. At any place where all official signs prohibit stopping; Ordinance No. 6275 Revisions: January 4, 2010 ~e°r 1a, Anna Page 4 of 6 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 lanes; 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; 26. Within any street side drainage ditch or drainage swale; 27. Where prohibited by signage; 28. Adjacent to a traffic island. B. 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. C. 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. D. Violation -Penalty. Any person who violates this section has committed an infraction and, except for those subsections set forth in Table 270- 1 below, shall pay a fine of $30.00 within 15 days from the date of issuance of a notice of violation or of $40.00 if paid after the fifteenth day from issuance of the notice. Any person who violates any of the subsections listed in Table 270-1 shall pay a fine as set forth in that table. Table 270-1 Subsection If paid within If paid after 15 d ays 15t"day 10.36.270(1) $40.00 $50.00 10.36.270(2) $40.00 $50.00 10.36.270(3) $40.00 $50.00 10.36.270(7) $50.00 $60.00 10.36.270(8) $50.00 $60.00 10.36.270(10) $40.00 $50.00 10.36.270(16) $50.00 $60.00 10.36.270(17) $50.00 $60.00 Ordinance No. 6275 Revisions: January 4, 2010 ~e°r 1a, Anna Page 5 of 6 (Ord. 6247 § 1, 2009, Ord. 6237 § 1, 2009, Ord. 6211 § 6, 2008, Ord. 6129 § 4, 2007; Ord. 6082 § 1, 2007; Ord. 5684 § 1, 2002; Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.140.} Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, orthe validity of its application to other persons or circumstances. Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN ATTEST:..:.. PETER B. LEWIS MAYO R Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Published: Ordinance No. 6275 Revisions: January 4, 2010 ~e°r 1a, Anna Page 6 of 6