2016/11/02 Council Agenda Packet

ORDINANCE No. 3440-15 AN ORDINANCE Updating References to State Vehicle Registration Laws and Regulations to Disabled and Overtime Parking, and Amending Ordinances in Section 13. Whereas, the Everett Municipal Code (the "EMC") makes several references to state laws that were codified in chapter 46.16 of the Revised Code of Washington (the "RCW") (vehicle registration); and Whereas, chapter 46.16 RCW was repealed and largely recodified under chapter 46.16A RCW and other chapters of the RCW; and Whereas, the disabled parking regulations were recodified from chapter 46.16 RCW to chapter 46.19 RCW and updated to give local jurisdictions more tools for the enforcement of the regulations; and Whereas, parking enforcement has found that people parking in violation of downtown parking regulations (either reparking or time restrictions) will use the distinction between a reparking violation and an overtime parking violation to have a parking ticket thrown out (e.g. individuals have been successful in having overtime tickets thrown out by testifying that they moved their vehicle within the posted time limits, even though the movement may still be a violation of reparking regulations); and Whereas, updating EMC 46.28.200 related to overtime parking to provide that violating reparking restrictions in the central business district is a type of overtime parking eliminates any distinctions between overtime parking and reparking violations, allowing parking enforcement a more efficient tool to enforce against parking violators; and Whereas, these proposed amendments promote the health, safety, and welfare of the general public; and Whereas, therefore, City Council finds it is appropriate to update the EMC to accurately reference state laws formerly codified under chapter 46.16 RCW, to track the state's disabled parking regulations, and update the overtime parking regulations; Page 1 of 25 41