HomeMy WebLinkAboutOrdinance 3645-18 OPmodi
ORDINANCE NO. 3645-18 E. J
AN ORDINANCE Related to Parking, Including Delivery and Service
Vehicles and Residential Permit Parking Zones,Amending Ordinance
Nos. 2180-96 and 544-78, as amended (Chapters 46.28 and 46.30 EMC)
Whereas,the City administers a delivery and commercial service vehicle parking
permit program to facilitate commercial users making deliveries and providing services
to businesses and residents located within the Central Business District by exempting
them from parking time limits and reparking restrictions; and
Whereas, some commercial users require only an exemption from reparking
restrictions while others require an exemption from both reparking restrictions and time
limits to facilitate their business operations within the Central Business District; and
Whereas, it is therefore appropriate to issue two types of permits under this
program-a permit that exempts the holder from reparking restrictions and a permit that
exempts the holder from both reparking and time limit restrictions; and
Whereas, offering two types of permits will more closely tailor the permit
program to the needs of the permit holders while minimizing the impact on individuals
abiding by the standard parking regulations in the Central Business District; and
Whereas,the City administers a residential permit parking program to create and
maintain residential permit parking zones to benefit residents of a neighborhoods with
limited parking options; and
Whereas,technology has advanced so that the City may administer its residential
permit parking program electronically; and
Whereas, City Council finds that it is appropriate to update the residential permit
parking program to provide for its electronic administration and to update permit fees;
and
Whereas, such updates benefit the health, welfare, and safety of the general
public by improving efficiencies in the administration and enforcement of the residential
permit parking and the delivery and commercial service vehicle parking programs;
NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN:
Section 1. Section 18 of Ordinance No. 2180-96 as amended by Section 4 of
Ordinance No. 2826-05 (EMC 46.28.180), which reads as follows:
A. Persons conducting loading operations or providing service on more than a
one-time basis utilizing commercial vehicles may make application with the city clerk for
an annual service parking permit. The city clerk (or designee) is authorized to issue a
service parking permit to persons conducting loading operations or to persons rendering a
service or repair to buildings, equipment or utilities such as contractors, painters,
plumbers, carpenters, electricians or others. In addition, the city clerk(or designee) is
authorized to issue service parking permits to persons who as a necessary part of their
business provide delivery service or repair service in commercial vehicles.
B. A service parking permit exempts permitted commercial vehicles from
parking time limit restrictions and from prohibitions against reparking while actively
conducting loading operations, or while actively rendering service to adjacent property,
or while actively providing delivery service or repair service in a commercial vehicle.
C. The following procedure shall be followed in the issuance of service
parking permits:
1. Application shall be made to the city clerk(or designee) on a form
provided by the city clerk. The applicant shall set forth the applicant's business vehicle
license number and the necessity for such permit.
2. If it appears that the criteria set forth herein are met and that the
parking of the vehicle will not endanger or likely endanger potential users of the city's
alleys, streets or sidewalks,the city clerk or designee may authorize the issuance of such
permit upon payment of the fees and compliance with all other conditions. Each vehicle
parking pursuant to this provision shall display the permit in accordance with the rules
and regulations promulgated by the city clerk.
3. The city clerk (or designee) may revoke any service parking permit
if the permit is used for any purpose other than that authorized herein or if the vehicle
authorized to display such permit obstructs any alley, sidewalk, or street, or parks in a
manner which endangers or is likely to endanger users of the alley, sidewalk, or street or
parks in a restricted zone (such as a bus zone, fire zone or danger zone).
4. Any such permit issued hereunder shall, unless revoked, be valid
for a period of one year from January 1st or any portion of the year from the date of
issuance to the following December 31st.
5. The fee for a permit shall be twenty-five dollars per year; provided,
however,the permit fees for any person, firm, corporation or association shall not exceed
two hundred fifty dollars per year.
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6. No public utility vehicle which is clearly and appropriately marked
and identified as such will be required to display a permit as provided herein. Any public
utility using unmarked vehicles shall provide the city clerk or designee with a list of
license numbers for those unmarked vehicles and will be issued a sticker for each vehicle
which sticker must be properly displayed.
In no event shall vehicles obstruct or hinder vehicular or pedestrian travel. The
service parking permit does not exempt the holder from the time restriction in a loading
zone.
Be and the same is hereby amended to read as follows:
A. Persons conducting loading operations or providing service on more than a
business provide delivery service or repair service in commercial vehicles.
B. A service parking permit exempts permitted commercial vehicles from
or while actively providing delivery service or repair service in a commercial vehicle.
C. The following procedure shall be followed in the issuance of service
part permit
0. Application shall be made to the city clerk(or designee) on a form
license number and the necessity for such permit.
0. If it appears that the criteria set forth herein arc met and that the
and regulations promulgated by the city clerk.
0. The city clerk(or designee) may revoke any service parking permit
if the permit is used for any purpose other than that authorized herein or if the vehicle
authorized to display such permit obstructs any alley, sidewalk, or street, or parks in a
Page 3 of 20
parks in a restricted zone (such as a bus zone, fire zone or danger zone).
0. Any such permit issued hereunder shall, unless revoked, be valid
issuance to the following December 31st.
0. The fee for a permit shall be twenty five dollars per year; provided,
however, the permit fees for any person, firm, corporation or association shall not exceed
two hundred fifty dollars per year.
0. No public utility vehicle which is clearly and appropriately marked
and identified as such will be required to displa . :- : . . •- . -•-. • • .
utility using unmarked vehicles shall provide the city clerk or designee with a list of
zone.
A. Delivery Vehicle Parking Permit— Exemption from prohibitions on
reparking.
1. Persons conducting loading, unloading, or delivery of tangible
goods on more than a one-time basis may make application with the city clerk for an
annual delivery parking permit. The city clerk (or designee) is authorized to issue a
delivery parking permit to persons conducting loading, unloading, or delivery of tangible
goods to businesses or residences located within the Central Business District as defined
in EMC 46.28.020.
2. A delivery parking permit exempts permitted vehicles from
prohibitions against reparking while actively conducting loading, unloading, or delivery
of tangible goods. It does not exempt the permitted vehicle from posted time limits.
3. The following procedure shall be followed in the issuance of
delivery parking permits:
a. Application shall be made to the city clerk (or designee) on
a form or in a manner provided by the city clerk. The applicant shall set forth the
applicant's vehicle license plate number, the applicant's (or his/her employer's) business
license and issuing municipality, and the necessity for such permit and how the stated use
complies with this subsection A.1.
Page 4 of 20
b. If it appears that the criteria set forth herein are met and
that the parking of the vehicle will not endanger or likely endanger potential users of the
city's alleys, streets or sidewalks, the city clerk (or designee) may authorize the issuance
of such delivery parking permit upon payment of the fees and compliance with all other
conditions.
c. The city clerk (or designee) may deny an application for a
delivery__parking permit if the applicant has unpaid parking citations.
d. The city clerk (or designee) may revoke any delivery
parking permit if the permit is used for any purpose other than that authorized herein, or
if the use of the permit does not comply with the stated need for such permit on the
permit holder's application, or if the vehicle holding such permit obstructs any alley,
sidewalk, or street, or park in a manner which endangers or is likely to endanger users of
the alley, sidewalk, or street or park.
e. Any such delivery parking permit issued hereunder shall,
unless revoked, be valid for a period of one year from January 1st or any portion of the
year from the date of issuance to the following December 31st.
f. The fee for a delivery parking permit shall be one hundred
dollars per year for each vehicle. Each vehicle shall require a separate permit. There
shall be no annual maximum fee that may be assessed to a single business.
g. In no event shall vehicles obstruct or hinder vehicular or
pedestrian travel. The delivery parking permit does not exempt the holder from the time
restriction in a loading zone.
B. Commercial Vehicle Service Parking Permit—Exemption from
prohibitions on reparking and restrictions on time limits.
1. Persons providing service on more than a one-time basis utilizing
commercial vehicles may make application with the city clerk for an annual commercial
vehicle service parking permit. The city clerk (or designee) is authorized to issue a
commercial vehicle service parking permit to persons rendering a service or repair, such
as contractors, painters, plumbers, carpenters, electricians, or other service providers, to
buildings, equipment or utilities located within the Central Business District as defined in
EMC 46.28.020.
2. A commercial vehicle service parking permit exempts permitted
commercial vehicles from parking time limit restrictions and from prohibitions against
reparking while actively rendering service to an adjacent property or tenant.
Page 5 of 20
3. The following procedure shall be followed in the issuance of
commercial vehicle service parking permits:
a. Application shall be made to the city clerk (or designee) on
a form or in a manner provided by the city clerk. The applicant shall set forth the
applicant's commercial vehicle license plate number, the applicant's Everett business
license number, and the necessity for such permit and how the stated use complies with
this subsection B.1. No vehicle shall be issued a commercial vehicle service parking
permit that does not meet one or more of the following criteria:
i. Clearly displayed company name and/or logo on
vehicle;
ii. Equipment or tools necessary for the provision of
service are integral to the vehicle (e.g. air compressor, bumper-mounted vice);
iii. Minimum Gross Vehicle Weight of 8,000 pounds.
b. If it appears that the criteria set forth herein are met and
that the parking of the vehicle will not endanger or likely endanger potential users of the
city's alleys, streets or sidewalks, the city clerk (or designee) may authorize the issuance
of such commercial vehicle service parking permit upon payment of the fees and
compliance with all other conditions.
c. The city clerk (or designee) may revoke any commercial
vehicle service parking permit if the permit is used for any purpose other than that
authorized herein, or if the use of the permit does not comply with the stated need for
such permit on the permit holder's application, or if the vehicle holding such permit
obstructs any alley, sidewalk, or street, or parks in a manner, which endangers or is likely
to endanger users of the alley, sidewalk or street.
d. Any such commercial vehicle service parking permit issued
hereunder shall, unless revoked, be valid for a period of one year from January 1st or any
portion of the year from the date of issuance to the following December 31st.
e. The fee for a commercial vehicle service parking permit
shall be one hundred dollars per year for each vehicle. Each vehicle shall require a
separate permit. There shall be no annual maximum fee that may be assessed to a single
business.
f. The city clerk (or designee) may deny an application for a
commercial vehicle service parking permit if the applicant has unpaid parking citations.
Page 6 of 20
g. No public utility vehicle, which is clearly and appropriately
marked and identified. will be required to hold a commercial vehicle service parking
permit as provided herein. Any public utility using unmarked vehicles shall provide the
city clerk (or designee) with a list of license plate numbers for those unmarked vehicles
and a commercial vehicle service parking permit will be issued for each vehicle at no
cost.
h. In no event shall vehicles obstruct or hinder vehicular or
pedestrian travel. The commercial vehicle service parking permit does not exempt the
holder from the time restriction in a loading zone.
Section 2. Section 1 of Ordinance No. 544-78 (EMC 46.30.010), which reads as
follows:
A. The traffic engineer shall perform or cause to be performed, either on his
own initiative or by request from citizens potentially affected, a thorough impact analysis,
including the number of available on-street and off-street parking spaces, occupancy of
on-street spaces by neighborhood residents, occupancy of on-street spaces by persons not
residents of that neighborhood and the number of vacant on-street parking spaces; and
pursuant to such analysis, the traffic engineer under the direction of the city engineer and
subject to the approval of the director of public works shall be allowed by permit to park
on-street beyond the posted time-limit restrictions, as provided for in
Sections 46.30.030 and 46.30.050 through 46.30.140.
B. The use and effects of such permit zones shall be closely monitored and
evaluated by the traffic engineer and periodic reports shall be provided to the city
council.
Be and the same is hereby amended to read as follows:
A. The traffic engineer shall perform or cause to be performed, either on his
or her own initiative or by request from citizens potentially affected, a thorough impact
analysis, including the number of available on-street and off-street parking spaces,
occupancy of on-street spaces by neighborhood residents, occupancy of on street spaces
- - . ' . -- .. . . and the number of vacant on-street parking
spaces; and pursuant to such analysis and this Ordinance, the traffic engineer under the
direction of the city engineer and subject to the approval of the director of public works.,
may authorize on-street parking by residents and visitors with a valid permit issued
pursuant to this Ordinance . . . --• . .. -- beyond the pasted
implemented RPZ time-limit restrictions and without regard for pestedimplemented RPZ
no parking restrictions., as provided for in
Page 7 of 20
B. The use and effects of such permit zones shall be closely monitored and
evaluated by the traffic engineer and periodic reports shall be provided to the city
council.
Section 3. Section 2 of Ordinance No. 544-78 (EMC 46.30.020), which reads as
follows:
The traffic engineer is empowered, in addition to those powers granted in
Section 46.08.020, or elsewhere by state or local law,to designate and establish zones in
which residents shall be allowed by permit to park on-street beyond the posted time-limit
restrictions as provided for in this chapter, and to establish time limit regulations for
those zones.
Be and the same is hereby amended to read as follows:
The traffic engineer is authorized- - •• :, - .:• : - •• _ •,
in Section 46.08.020, or elsewhere by state or local law, to designate and establish zones
in which residents shall be allowed by permit to park on-street beyond the posted
implemented RPZ time-limit restrictions and without regard for implemented RPZ no
parking restrictions, as provided for in this chapter, : •: : - : • ' • --- •-• -_
f the
Section 4. Section 4 of Ordinance No. 544-78 (EMC 46.30.030), which reads as follows:
Upon written request of residents of dwellings in the area to be studied, or upon
his own initiative, the traffic engineer shall evaluate the necessity of designating the
neighborhood studied as a residential permit parking zone. If the evaluation shows that
twenty-five percent of the dwelling units have less than two off-street parking spaces; on
the average, fifty percent of the available on-street parking is occupied during the
daytime; fifty percent of the on-street parking spaces occupied during the daytime are
occupied by vehicles of persons not residents of that neighborhood; or if the area is
already posted with a general on-street parking time limit, such conditions shall be
presumed, the traffic engineer shall recommend to the city engineer and director of public
works that the area studied be designated a residential permit parking zone. The
designation of a residential permit parking zone shall not be made to a single block, but
shall apply generally to a neighborhood. Public notice of intention to so designate, and of
public hearing on such designation, shall be given by publication and by posting along all
streets to be affected. The transportation advisory committee shall conduct a public
hearing on the recommended designation and shall, within forty-five days after such
hearing, advise to the director of public works, city engineer and traffic engineer approval
or disapproval of the recommended designation. An area designated as a residential
permit parking zone shall be posted to indicate the time limit imposed.
Be and the same is hereby amended to read as follows:
Page 8 of 20
A. The designation of a residential permit parking zone shall not be made to a
single block but shall apply generally to a neighborhood. Public notice of the intention to
designate an RPZ and of a public hearing on such designation shall be given by
publication and through communication with official city of Everett neighborhood
associations. The Transportation Advisory Committee shall conduct a public hearing on
the recommended designation and shall within forty-five days after such hearing advise to
the Mayor, approval or disapproval of the recommended designation. A decision on
whether to designate an RPZ will thereafter be made by the Mayor. The designation of
an area as an RPZ grants the city traffic engineer the authority to establish RPZ time
limits and RPZ no parking restrictions and to implement and enforce such regulations.
The designation of an RPZ does not create an obligation to immediately establish and
implement such regulations.
AB. Subsequent to the designation of an RPZ, the traffic engineer wil4may,
Uupon written request of residents of-dwellings-in the RPZ , or upon the
traffic engineer's his-own initiative, the traffic engineer shall evaluate the necessity of
designating implementing RPZ time limits and/or RPZ no parking restrictions in the RPZ
the neighborhood studied as a residential permit parking zone. If the evaluation shows
that within the RPZthat twenty-five percent of the dwelling units have less than two off-
street parking spaces; on the average, fifty percent of the available on-street parking is
occupied during the daytime; at least sixty percent of dwelling units in the RPZ support
designated implementation of RPZ time limits and/or RPZ no parking restrictions; fifty
percent of the on street parking spaces occupied during the daytime are occupied by
- - . - • • .. .. ;e r if the area is already posted with
a general on-street parking time limit, such conditions shall be presumed, the traffic
engineer shall recommend to the city engineer and director of public works that the RPZ
time limits and/or RPZ no parking restrictions be established and implemented. area
studied be designated implemented as a residential permit parking zone. The designation
generally to a neighborhood. Public notice of intention to so designate, and of public
Section 5. Section 5 of Ordinance No. 544-78, as amended by Section 1 of Ordinance
No. 1229-86, as amended by Section 1 of Ordinance No. 1608-89 (EMC 46.30.120),
which reads as follows:
Page 9 of 20
A. "Residence"as used in this chapter applies only to a place where one lives
and excludes property which is used exclusively as a place of business or for any other
purpose other than uses which include the property as the person's place of abode.
"Resident" as used in this chapter applies only to a person who lives in a
"residence" as described in this chapter and does not extend to a person who occupies a
structure solely as a place of business.
B. Eligibility for residential parking zone permits shall be established upon
proof of residence within the zone for which the permit is sought and proof of ownership
and/or control of the motor vehicle. Proof of residence shall be established by display of a
valid driver's license reflecting the current address within the zone; or by display of a
deed or other legal document showing ownership, of not less than one-fourth interest, or
other residency of a parcel of real property within the zone; or by display of a notarized
statement of occupancy provided by the lessor to his lessee/renter together with proof of
ownership by the lessor. Proof of ownership and/or control of a motor vehicle shall be
established by possession of a valid registration or other indicia of title, or by display of
valid registration of the vehicle to another person accompanied by proof that applicant
has use and control of the vehicle.
No residential parking zone permit shall be issued to any resident who, in the
opinion of the city's traffic engineer or his designee, has sufficient off-street parking to
provide parking for those vehicles owned or controlled by the applicant.
Be and the same is hereby amended to read as follows:
A."Residence" as used in this chapter applies only to a place where one lives and
excludes property which is used exclusively as a place of business or for any other
purpose other than uses which include the property as the person's place of abode.
"Resident"as used in this chapter applies only to a person who lives in a
"residence" as described in this chapter and does not extend to a person who occupies a
structure solely as a place of business.
B:A. Eligibility for residential parking zone permits shall be established upon
proof of residence within the zone for which the permit is sought and proof of ownership
and/or control of the motor vehicle. ' .. . . - • . - • • • • •• • • - •
other residency of a parcel of real property within the zone; or by display of a notarized
Page 10 of 20
has use and control of the vehicle.
1. Proof of residency shall be established by: (1) display of a valid
driver license reflecting a current address in a legal dwelling unit in the residential
parking zone; or (2) display of a utility bill dated within 30 days of the current date: or (3)
display of a deedcurrent lease or rental agreement. or notarized statement from the
homeowner or landlord verifying the applicant's current residence at the applicable
address, which in the discretion of the city clerk(or designee) establishes residency and
which shows residency in the RPZ.
2. Proof of ownership and/or control of motor vehicle shall be
established by: (1) display of a valid motor vehicle registration in the applicant's name;
or(2) display of a valid motor vehicle registration together with a vehicle lease
agreement or other documentation. which in the discretion of the city clerk (or designee),
establishes that the applicant has legal use and control of the vehicle.
B. No residential parking zone permit shall be issued to any resident who, in
the opinion of the city's traffic engineer(or his designee), has sufficient off-street parking
to provide parking for those vehicles owned or controlled by the applicant.
€C. The city clerk (or designee) may deny an application for a residential
parking zone permit if the applicant has unpaid parking citations.
Section 6. Section 6 of Ordinance No. 544-78 (EMC 46.30.130), which reads as
follows:
Disabled persons displaying a valid "Disabled Persons—Distinguishing Decal,"
in accord with RCW 46.61.580, shall be allowed the same privileges within residential
parking zones as permit holders, but shall not be required to hold a residential parking
zone permit. Service vehicles parked in residential parking zones while making service
calls to residential dwellings within the zone shall be exempt from holding a residential
parking zone permit and exempt from the posted time limits. Such service vehicles shall
display in the windshield on the street side of the vehicle a prominent sign indicating the
vehicle is a service vehicle and indicating the address at which the service is being
supplied.
Be and the same is hereby amended to read as follows:
A person who has been issued current and valid special license plates, parking
placards, or special year tabs for persons with disabilities from the Washington State
Department of Licensing pursuant to Chapter 46.19 RCW` :• . . .
valid "Disabled Persons Distinguishing Decal," in accord with RCW 46.61.580, shall
be allowed the same privileges within residential parking zones as permit holders, but
Page 11 of 20
shall not be required to hold a residential parking zone permit. Commercial service
vehicles registered through the City's Commercial Vehicle Service Parking Permit
program parked in residential parking zones while making service calls to residential
dwellings within the zone shall be exempt from holding a residential parking zone permit
and exempt from the posted-implemented RPZ time limits and RPZ no parking
restrictions. Such service vehicles shall display in the windshield on the street side of the
vehicle a prominent sign indicating the vehicle is a service vehicle and indicating the
address at which the service is being supplied.
Section 7. Section 7 of Ordinance No. 544-78 (EMC 46.30.080), which reads as
follows:
A valid residential parking zone permit when properly displayed on the vehicle
for which it was issued shall exempt that vehicle, while within the zone for which the
permit was issued, from citation for parking longer than the posted time limit. The permit
shall be valid only in the zone designated on its face. The permit shall not guarantee a
parking space nor shall it exempt the vehicle or operator from feeding parking meters nor
from the observation of no-parking zones, load zones, street cleaning, and other zones
and regulations of this code. The permit shall be nontransferable and valid one year from
the date of issue, so long as the permit holder retains the permit vehicle and resides at the
address specified on his permit application.
Be and the same is hereby amended to read as follows:
A valid residential parking zone permit - - . . . . . - . •- -•
-
• ' .-: shall exempt that vehicle, while within the zone for which the
permit was issued, from citation for parking longer than the posted-implemented RPZ
time limit or in violation of an implemented RPZ no parking restriction. The permit shall
be valid only in the zone designated on the permit its face. The permit shall not guarantee
a parking space nor shall it exempt the vehicle or operator from feeding parking meters
�nron-street pay-to-park fees or other non-RPZ parking regulations, including
without limitation,the observation of non-RPZ time limits or no-parking
zonesrestrictions, the seventy-two (72) hour maximum time limit for continuous parking
(EMC 46.28.220.B), load zones, street cleaning, and other zones and regulations of this
code. The permit shall be nontransferable and valid until December 31st of the year in
which the permit was issuedone year from the date of issue, so long as the permit holder
retains the permit vehicle and resides at the address specified on the his permit
application.
Section 8. Section 8 of Ordinance No. 544-78 (EMC 46.30.100), which reads as
follows:
It is unlawful to falsify information in application for a residential parking zone
permit, to fail to report a change of residence or vehicle ownership, to transfer the permit
Page 12 of 20
to another person or vehicle, to alter the permit, to improperly display the permit, or to
violate any other terms or conditions under which the permit was issued. Any such
unlawful use shall subject the permit holder to revocation of this permit, denial of
eligibility for reapplication for one year, and to other penalties as described in this
chapter.
Be and the same is hereby amended to read as follows:
It is unlawful to falsify information in application for a residential parking zone
permit, to fail to report a change of residence or vehicle ownership, to transfer the permit
to another person or vehicle, to alter the permit, to improperly display the permit, or to
violate or fail to comply with any provisions of this Ordinance, or to violate or fail to
comply with any other terms or conditions under which the permit was issued. Any such
unlawful use shall subject the permit holder to revocation of this permit, denial of
eligibility for reapplication for one year, and to other penalties as described in this
chapter.
Section 9. Section 10 of Ordinance No. 544-78 (EMC 46.30.050), which reads as
follows:
The application for a residential parking zone permit shall include the name,
address,telephone number and driver's license number of the applicant; the make, model,
year and registration of the vehicle for which the permit is sought; and the number of off-
street parking spaces and vehicles owned and/or controlled by the applicant. The
applicant shall sign and certify the information furnished on the application. The
application shall also indicate the nature of the documents used to establish eligibility for
the permit as required by Section 46.30.120, and shall indicate the amount and date of
payment of the permit fee. Upon satisfaction of the application requirements,the
applicant shall be issued a permit and a copy of the regulations governing the use of that
permit.
Be and the same is hereby amended to read as follows:
The application for a residential parking zone permit shall include the name,
address, and contact information -• - - . : : • - ' • - • - - • • :- of the
applicant;the vehicle make, model, year, license plate number and issuing state; and a
copy of the current and proper registration of the vehicle for which the permit is sought;
applicant. The applicant shall sign and certify the information furnished on the
applieatieft. The application shall also indicate the nature of the documents used to
establish eligibility for the permit as required by Section 46.30.120, and shall indicate the
amount and date of payment of the permit fee. Upon satisfaction of the application
requirements and requirements of this Ordinance, the applicant shall be issued a permit
Page 13 of 20
Section 10. Section 11 of Ordinance No. 544-78 (EMC 46.30.070), which reads as
follows:
The fees for annual residential parking zone permits and for visitor permits shall
be determined by the city council and set at a level not higher than that which will meet
the costs of operation of the residential parking zone program. Senior citizens who
otherwise qualify for the permit shall be exempt from paying the permit fee.
Be and the same is hereby amended to read as follows:
A. The fees for an annual residential parking zone permits and fora visitor
permits shall be determined by the city council and set at a level not higher than that
which will meet the costs of operation of the residential parking zone program. Senior
citizens who otherwise qualify for the-pen-1=14:-. : - - ; - :. -• ;• .. .
The annual residential parking zone and visitor permit fees shall be as follows:
1. First two residential parking zone permits—no charge.
2. Additional residential parking zone permits— $20.00 processing fee per
vehicle per year.
3. First temporary visitor parking permit—no charge.
4. Additional temporary visitor parking permits—$10.00 processing fee per
vehicle.
Section 11. Section 12 of Ordinance No. 544-78 (EMC 46.30.110), which reads as
follows:
The holder of a residential parking zone permit may apply for a visitor's permit,
which shall be valid for seven days and shall be renewable but not transferable. The
application shall identify the guest, his address and his vehicle, the permit number of the
host, and be signed by the permit-holder host. Permits for visitors shall issue on
application and payment of fee unless the traffic engineer determines that adequate space
is not available within that zone. No permit-holder shall be issued more than three visitor
permits at any given time. Once expired,the visitor permits shall be surrendered to the
city clerk.
Be and the same is hereby amended to read as follows:
The holder of a residential parking zone permit may apply for a visitor'stemporary
visitor permit for guest vehicles, which shall be valid for ten calendarseven(7)-days_and
Page 14 of 20
and may be renewed for up to 30 days. •, -- - • • :o but is not transferable.
Additional processing fees will apply. The application shall identify the name of guestthe
visitor, his address and his/her vehicle license plate number, and the residential permit
number of the host, : : :- ' : -- . ---• - - . Permits for visitors shall
issue on application and payment of the visitor permit fee unless the traffic engineer
determines that adequate space is not available within that zone, in which case no visitor
permits will issue. In any case,Nno permit-holder shall be issued more than three visitor
permits per month at any given time. Once expired, the visitor permits shall be
surrendered to the city clerk_
The city clerk (or designee) may deny an application for a temporary visitor permit
if the applicant has unpaid parking citations.
Section 12. Section 13 of Ordinance No. 544-78 (EMC 46.30.140), which reads as
follows:
A. Residential parking zone permits may be revoked and shall be surrendered
for the following reasons:
1. Unlawful use of the permit under Section 46.30.100;
2. Abuse or misuse of visitorp ermits;
3. In case of over-issue, priority shall be given to providing one
permit to each dwelling unit, and any necessary revocation shall take into account the
number of vehicles owned or controlled by the permit holder and the number of off-street
parking spaces the permit holder possesses;
4. In event of expiration or termination of the residential parking
permit program.
B. When revocation occurs because of over-issue or termination of the permit
program, a pro rata refund shall be given to the person whose permit was revoked.
Be and the same is hereby amended to read as follows:
A. Residential parking zone permits may be revoked . -: -. . - •for the following reasons:
1. Unlawful use of the permit under Section 46.30.100;
2. Abuse or misuse of visitor permits;
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3. Over-issuance of residential parking zone permits. In case of over-
issue as determined by the traffic engineer, based on an engineering study, priority shall
be given to providing one permit to each dwelling unit, and any necessary revocation
shall take into account the number of vehicles owned or controlled by the permit holder
and the number of off-street parking spaces the permit holder possesses;
4. In the event of expiration or termination of the residential parking
permit program.
B. When revocation occurs because of over-issuancee or termination of the
permit program, a pro rata refund shall be given to the person whose permit was revoked.
Section 13. Section 14 of Ordinance No. 544-78 (EMC 46.30.060), which reads as
follows:
The holder of a residential parking zone permit shall report any changes of
address or changes in vehicle registration. Failure to report such changes shall constitute
an unlawful use of the permit subject to Section 46.30.100. A change of address within
the permit zone shall require correction on the permit application, but shall not require
surrender and reissue of permits. All other changes of address or vehicle registration shall
require surrender of the permit. The person surrendering the permit may reapply and, if
qualified to receive another permit, shall be given pro rata credit for the unexpired term
of the surrendered permit, in determining the fee due on the new permit. If a new permit
will not be issued on surrender of the old permit, a pro rata refund of the permit shall be
made. All residential parking zone permits expire automatically one year from the date of
issue and must be renewed annually to remain valid.
Be and the same is hereby amended to read as follows:
The holder of a residential parking zone permit shall report any changes of
address or changes in vehicle registration within thirty days of such change. Failure to
Section 46.30.100. A change of address within the permit zone shall require correction on
changes of address or vehicle registration shall require surrender of the permit. The
shall be given pro rata credit for the unexpired term of the surrendered permit, in
determining the fee due on the new permit. If a new permit will not be issued on
surrender of the old permit, a pro rata refund of the permit shall be made. All residential
parking zone permits expire automatically on December 31 of the year in which the
permit was issued one year from the date of issue and must be renewed annually to
remain valid.
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Section 14. Section 16 of Ordinance No. 544-78 (EMC 46.30.150), which reads as
follows:
The city clerk is authorized to revoke the residential parking permit of any person
found to be in violation of this chapter and, upon written notification thereof,the person
shall surrender such permit to the city clerk. Failure, when so requested, to surrender a
residential parking permit so revoked shall constitute a violation of law and of this
chapter.
Be and the same is hereby amended to read as follows:
The city clerk is authorized to revoke the residential parking permit of any person
for the reasons set forth in EMC 46.30.140 . . : . . - •: . . ' - . . - .
upon written notification to the permit holder. thereof., the person shall surrender such
permit to the city clerk. Failure, when so requested, to surrender a residential parking
Section 15. Ordinance No. 544-78, as amended (chapter 46.30 EMC), is hereby
amended with the addition of the following new section(EMC 46.30.004):
Definitions.
A. For the purposes of this Chapter:
1. "Residential parking zone (RPZ)" as used in this chapter applies
only to the areas in which an RPZ has been established pursuant to section 4.A of this
Ordinance and the city traffic engineer has authority to implement and sign RPZ time
limits and RPZ no parking restrictions, whether or not those limits and restrictions have
been established and posted.
2. "Implemented residential parking zone (implemented RPZ)" as
used in this chapter applies only to the block faces within a designated RPZ that have had
RPZ time limits and/or RPZ no parking restrictions established and posted pursuant to
section 4.B of this Ordinance.
3. "Residence" as used in this chapter applies only to a place where
one lives and excludes property that is used exclusively as a place of business or for any
other purpose.
4. "Resident" as used in this chapter applies only to a person who
lives in a"residence" as described in this chapter and does not extend to a person who
occupies a structure solely as a place of business.
5. "Residential parking zone no parking restriction(RPZ no parking
restriction)" as used in this chapter applies to no-parking restrictions posted within a RPZ
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that include supplemental language exempting valid RPZ permit holders from the no
parking restriction.
6. "Residential parking zone time limit(RPZ time limit)" as used in
this chapter applies to time-limited parking restrictions posted within a RPZ that include
supplemental language exempting valid RPZ permit holders from the time limit.
Section 16. Section 9 of Ordinance No. 544-78, as amended by Section 1 of Ordinance
No. 562-78 (EMC 46.30.090), which reads as follows:
The residential parking zone permit shall be three inches square and adhesive on
its face. The face of the permit shall specify the nature of the permit,the zone in which it
shall be valid, the license number of the vehicle, the serial number of the permit, and its
expiration date. The permit shall be affixed in a permanent fashion by its adhesive face to
the inner side of and in the lower left-hand corner of the rear window of the vehicle.
Be and the same is hereby amended to read as follows:
its face. The face of the permit shall specify the nature of the permit,the zone in which it
shall be valid, the license number of the vehicle, the serial number of the permit, and its
expiration date. The permit shall be affixed in a permanent fashion by its adhesive face to
the inner side of and in the lower left hand corner of the rear window of the vehicle.
Section 17. Section 17 of Ordinance No. 544-78, as amended by Section 5 of
Ordinance No. 1229-86 (EMC 46.30.170),which reads as follows:
A. It is unlawful and a violation of this chapter for a person holding a valid
parking permit issued pursuant hereto to permit the use or display of such permit on a
motor vehicle other than that for which the permit is issued. Such conduct constitutes an
unlawful act and violation of this chapter both by the person holding the valid parking
permit and the person who so uses or displays the permit on a motor vehicle other than
that for which it is issued.
B. It is unlawful and a violation of this chapter for a person to copy,produce,
or otherwise bring into existence a facsimile or counterfeit parking permit or permits
without written authorization from the chief of police. It is further unlawful and a
violation of this chapter for a person to knowingly use or display a facsimile or
counterfeit parking permit in order to evade time limitations on parking applicable in a
residential permit parking area.
Any person who violates this chapter shall be guilty of a misdemeanor and on
conviction thereof may be punished by a fine not to exceed one thousand dollars.
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Be and the same is hereby amended to read as follows:
motor vehicle other than that for which the permit is issued. Such conduct constitutes an
that for which it is issued.
B. It is unlawful and a violation of this chapter for a person to copy,produce,
conviction thereof may be punished by a fine not to exceed one thousand dollars.
Section 18. Severability
Should any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining
portions of this Ordinance or its application to any other person or situation. The city
council hereby declares that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one
or more sections, subsections, clauses,phrases or portions be declared invalid or
unconstitutional.
Section 19. General Duty
It is expressly the purpose of this Ordinance to provide for and promote the
health, safety and welfare of the general public and not to create or otherwise establish or
designate any particular class or group of persons who will or should be especially
protected or benefited by the terms of this Ordinance. It is the specific intent of this
Ordinance that no provision or any term used in this Ordinance is intended to impose any
duty whatsoever upon the City or any of its officers or employees. Nothing contained in
this Ordinance is intended nor shall be construed to create or form the basis of any
liability on the part of the City, or its officers, employees or agents, for any injury or
damage resulting from any action or inaction on the part of the City related in any manner
to the enforcement of this Ordinance by its officers, employees or agents.
Section 20. Savings
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The enactment of this Ordinance shall not affect any case, proceeding, appeal or
other matter currently pending in any court or in any way modify any right or liability,
civil or criminal, which may be in existence on the effective date of this Ordinance.
Section 21. Corrections
The city clerk and the codifiers of this Ordinance are authorized to make
necessary corrections to this Ordinance including, but not limited to,the correction of
scrivener's/clerical errors, references, Ordinance numbering, section/subsection numbers
and any references thereto.
Cassie Franklin,Mayor
ATT , T:
..„/ Lir
City Clerk
Passed: 12/5/2018
Valid: 12/5/2018
Effective:
12/20/2018
12/9/2018
Published:
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