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Home My WebLink AboutITEM V-BAGENDA BILL APPROVAL FORM * SASH II'Ti Agenda Subject: Date: Ordinance adopting new parking restrictions and clarifying enforcement May 11, 2011 procedure. Department: Attachments: Budget Impact: Police Department Draft Ordinance Administrative Recommendation: Adoption of the ordinance. Background Summary: Currently, individuals may use their vehicles to block in other persons' parked vehicles, or to block in their own vehicles to avoid having them impounded. If an individual blocks in a car that is illegally parked, tow drivers will not tow the vehicle due to the difficulty of extracting the blocked in car, and the risk of damaging the other parked vehicles. The ordinance makes blocking in cars unlawful, punishable by a traffic infraction and impounding the car. The city code currently gives the Chief of Police the authority to impound vehicles that violate specific parking regulations. Because parking enforcement personnel are not police officers, there is concern that the code does not give them authority to impound cars. The ordinance clarifies that parking enforcement personnel, as well as police officers, may impound vehicles that violate certain restrictions. 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 X Police ❑ Planning Comm. ❑ Other ❑Public Works ❑ Human Resources ❑ Information Services 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: Peloza Staff: Lee Meeting Date: Item Number: rr~Y t 4 ~ i ri' rr ~ :'r }1 •~K SAY J l ~ ~ I i y a fir' ti i f.. ~ ~ .i f ~ Sr 'r9 .AS ~1 ORDINANCE NO. 6364 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE AUBURN CITY CODE AND CREATING NEW SECTIONS OF THE CODE BOTH RELATING TO PARKING WHEREAS, The City of Auburn is responsible for regulating the use of its roadways, including parking on city roadways; and WHEREAS, the Auburn City Code contains parking regulations enforceable within the City, and WHEREAS, Some Auburn residents have been parking their vehicles in a manner that blocks other vehicles in to parking spots, or have blocked their own vehicles in as a means to frustrate the impounding of vehicles that are illegally parked; and WHEREAS, in order to address this behavior it is in the public interest to adopt a new section of city code to expressly prohibit blocking in of parked cars on city roadways. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. New Section. That a new section, 10.36.215 of the Auburn City Code, is hereby enacted to read as follows: "10.36.215 Parked vehicle obstructing other vehicles. It is unlawful for any person to stop, park, or angle park any vehicle upon a roadway in such a manner or under such conditions as to block another vehicle in or prevent access to or movement of another vehicle. Evidence that a driver of a vehicle has parked or positioned his or her Ordinance No. xxxx DATE Page 1 of 3 vehicle within three feet of a previously parked vehicle is prima facie evidence of a violation of this section." Section 2. New Section. That a new section, 10.36.216 of the Auburn City Code, is hereby enacted read as follows: "10.36.216 Parked vehicle obstructing enforcement. It is unlawful for any person to stop, park, or angle park any vehicle upon a roadway in such a manner or under such conditions as to prevent, hinder, obstruct, or delay law enforcement officers from taking or being able to take any lawful action to enforce any traffic or parking laws or regulations of the State of Washington, or the City of Auburn." Section 3. Amendment to City Code. That section 10.36.360 of the Auburn City Code be and the same hereby 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 ^f t"° city, or either by enforcement personal employed pursuant to this chapter or by city police officers, and the cost of such impounding shall be paid by the owner or operator of such vehicle before the same is released. 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. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. 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, or the validity of its application to other persons or circumstances. Ordinance No. xxxx DATE Page 2 of 3 Section 6. Effective date. This Ordinance shall take effect and be in force five days from its passage, approval, and publication as provided by law. INTRODUCED: PASSED: APPROVED: PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Published: Ordinance No. xxxx DATE Page3of3