Chapter 10.08
PARKING REGULATIONS*

Sections:

10.08.010    Regulations applicable to designated parking areas in the city.

10.08.020    Back in only.

10.08.030    Loading zone.

10.08.040    Disabled loading.

10.08.050    Disabled parking only.

10.08.060    No parking.

10.08.070    Restricted carpool.

10.08.080    Monthly parking.

10.08.085    Employee parking.

10.08.087    Employee parking program.

10.08.090    Carpool and monthly parking.

10.08.100    Areas where signs posted.

10.08.110    Areas where parking fee collection boxes installed.

10.08.120    Taxi zone.

10.08.130    Bus zone.

10.08.140    Bicycle parking.

10.08.150    Motorcycle parking.

10.08.155    Parking within fire lane prohibited.

10.08.160    Areas limited to designated vehicles.

10.08.170    Illegal parking defined.

10.08.180    Regulations applicable to stopping and parking in all areas of the city.

10.08.190    Adoption by reference.

10.08.200    Additional general regulations.

10.08.210    Administration.

10.08.220    Revocation of carpool permits.

10.08.230    Revocation of monthly parking permits.

10.08.240    Registered owner’s responsibility.

10.08.250    Penalties.

*Parking fees are on file in the city clerk’s office.

10.08.010 Regulations applicable to designated parking areas in the city.

The regulations set forth in BIMC 10.08.020 through 10.08.160 regarding the stopping, standing and parking of vehicles shall apply to the areas described in each section. (Ord. 93-12 § 2, 1993)

10.08.020 Back in only.

In areas designated “Back in Only,” vehicles must be backed into available parking places. (Ord. 93-12 § 2, 1993)

10.08.030 Loading zone.

In areas designated “Loading Zone,” no vehicle shall stop, stand or be parked for any purpose or period of time other than for expeditious loading or unloading. (Ord. 93-12 § 2, 1993)

10.08.040 Disabled loading.

In areas designated “Disabled Loading,” no vehicle shall stop, stand or be parked for any purpose or period of time other than for the expeditious loading or unloading of disabled passengers for a reasonable period of time. (Ord. 93-12 § 2, 1993)

10.08.050 Disabled parking only.

In areas designated “Disabled Parking Only,” no vehicle shall be parked unless it bears a valid decal or other official mark identifying the vehicle as one driven by or otherwise used for the transportation of a disabled person and unless the vehicle complies with all other parking regulations set forth in this chapter except time limitations and the payment of parking fees. (Ord. 93-12 § 2, 1993)

10.08.060 No parking.

In areas designated “No Parking,” the parking of any vehicle is prohibited. (Ord. 93-12 § 2, 1993)

10.08.070 Restricted carpool.

In areas designated “Restricted Carpool,” no vehicle shall be parked before 8:45 a.m. on Monday through Friday, unless:

A. A valid carpool permit issued by the city is displayed on the inside lower left-hand corner of the windshield in such a manner that the carpool permit number and expiration date are visible from the outside of the vehicle;

B. The car is parked in the space assigned to the carpool permit; and

C. Two or more adults are in the car at the time it is parked in the assigned space. If the carpool is reduced to less than two adults, the car shall be parked in a noncarpool space and pay the appropriate parking fee for that noncarpool space. For purposes of this section, an adult is a person 16 years of age or older. (Ord. 96-24 § 1, 1996; Ord. 93-12 § 2, 1993)

10.08.080 Monthly parking.

In the areas designated “Monthly Parking,” no vehicle shall be parked before 9:00 a.m. on Monday through Friday unless a current, valid monthly parking permit issued by the city is displayed on the inside lower left-hand corner of the windshield in such a manner that the monthly parking permit number and expiration date are visible from the outside of the vehicle. (Ord. 93-12 § 2, 1993)

10.08.085 Employee parking.

A. In all areas designated for “Employee Parking,” any vehicle properly displaying a valid employee parking permit issued by the city, or its designee, and complying with all rules and regulations governing the employee parking program is authorized to exceed the posted parking hours.

B. The following areas are designated for employee parking in the city:

1. The city-owned gravel lot north of Winslow Way;

2. Designated parking on Brien and Bjune Avenues. (Ord. 99-59 § 1, 1999: Ord. 95-20 § 1, 1995)

10.08.087 Employee parking program.

A. Administration of Employee Parking Program. The city manager is authorized to contract with the Bainbridge Island Chamber of Commerce or another entity to serve as the city’s designated agency for the administration of the city’s employee parking program, including issuance of permits, collection of permit fees, and oversight of program usage, on behalf of the city. The contract shall allow the designated agency to recover from such fees only its reasonable costs for administering the program. The designated agency shall establish reasonable written rules or policies necessary for the effective administration of the program, including the assignment and distribution of such permits; provided, that any rules and policies, and the permissible locations for parking under the program (which may be revised from time to time), must be approved by the city manager in a contract and be consistent with this section.

B. Participation in Employee Parking Program.

1. All mixed use town center commercial property owners and businesses with a valid city business license may participate in the city’s employee parking program.

2. Each commercial property owner or licensed business wishing to participate in the employee parking program shall submit the following information when making an application for a permit or a renewal:

a. The name and address of the commercial property owner or business;

b. For commercial property owners applying to participate, a complete list of all tenants located at the commercial property with employees who will be assigned an employee parking permit;

c. The name of each employee that will be assigned an employee parking permit;

d. The make, year, color and license plate number of each participating employee’s vehicle;

e. A statement, signed by the commercial property owner or the authorized representative of the licensed business that the commercial property owner or licensed business shall: (1) comply with the employee parking regulations; (2) guarantee that all persons being issued a permit have received, read and signed a copy of the employee parking regulations; (3) maintain a current, accurate record of employee parking permits issued to the commercial property owner’s tenants or the employees of the business; and (4) post the employee parking regulations and a map depicting the location of employee parking on the premises of the commercial property or licensed business; and

f. A true and correct copy of a valid business license for each of the commercial property owner’s tenants that will be issued an employee parking permit, or for the business applying to participate in the employee parking program.

3. Upon confirmation that an eligible commercial property owner or licensed business has submitted a complete and accurate employee parking participation form and has paid a fee in the amount agreed in the contract, the city’s designated agency shall issue employee parking permits to the commercial property owner or the licensed business. The designated agency shall have the discretion to determine the number of parking permits issued to or renewed for each commercial property owner or licensed business, based on the number of permits requested by the commercial property owner or licensed business and on the availability of parking in the areas designated for employee parking. Notwithstanding the above, the fee for the period from November 1, 2010, to April 30, 2011, shall be $20.00 per vehicle.

4. Employee parking permits shall be valid for six-month periods. Employee parking permits may be renewed for six-month periods in accordance with the procedures for obtaining an original employee parking permit. The fee shall be prorated by sixths for an initial period of months less than six.

C. Employee Parking Regulations. All persons using an employee parking permit shall comply with the following:

1. Persons using an employee parking permit shall properly display a current, valid employee parking permit in the lower left side of the vehicle’s windshield, in accordance with the rules and regulations established by this section and by the designated agency.

2. Persons using an employee parking permit shall park in designated employee parking areas only.

3. Persons using an employee parking permit shall not park in an employee parking designated area unless the person is actually working at the participating business or property at the time.

4. Persons using an employee parking permit shall not park in an employee parking designated area while traveling outside of the city, unless the travel is work-related, and the work originates from and concludes at the participating business or property within a 24-hour period.

5. Individual employees shall not transfer an employee parking permit to another person. Participating commercial property owners or businesses may transfer an employee parking permit from one employee to another.

6. All persons assigned an employee parking permit shall acknowledge receipt of the employee parking regulations and a city-approved map depicting the employee parking areas, agree to review posted employee parking regulations at least monthly, and comply with any temporary rules and regulations posted by the city, the designated agency or the participating business or property owner.

D. Violations. An individual who violates any of the provisions of this section shall be liable for a civil infraction. Additionally, any commercial property owner or business that violates any of the provisions of this section shall not be permitted to participate in the employee parking program. Such owner or business shall not be issued employee parking permits and shall return any employee parking permits previously issued to the commercial property owner or business. (Ord. 2010-40 § 1, 2010: Ord. 99-59 § 3, 1999)

10.08.090 Carpool and monthly parking.

At all times not governed by BIMC 10.08.070 and 10.08.080, no vehicle may park in a “Carpool” or “Monthly Parking” space unless there has been deposited in the applicable parking fee collection box, in the appropriate slot, in United States currency, check or money order, the appropriate parking fee designated by the city by resolution or ordinance. (Ord. 93-12 § 2, 1993)

10.08.100 Areas where signs posted.

A. In areas for which a sign has been posted limiting the hours during which parking is permitted or limiting the duration of time for which vehicles may park, it shall be unlawful for any person to park a vehicle within any such designated area for a longer period than is allowed by the posted limitation or duration. Failure to comply with this subsection shall constitute “overtime parking.” Each subsequent period of time posted on the sign which lapses following affixation to a vehicle of a notice of overtime parking shall constitute a further violation of this section.

B. It shall be unlawful for any person to move a vehicle from one parking space to another parking space for the purpose of evading time limitations on parking or for any person to move and repark a vehicle on either side of a street within the same block after the vehicle has been marked pursuant to subsection C of this section.

C. In checking for overtime parking, police officers and designated traffic control officers are authorized to use chalk marks on the tires of parked vehicles or any other identifying mark that does not deface the vehicle. It shall be unlawful for any person to erase or obliterate such mark for the purpose of interfering with such checking for overtime parking.

D. In areas for which a sign has been posted limiting the hours during which stopping or standing is permitted or limiting the duration of time for which vehicles may stop or stand, it shall be unlawful for any person to stop or stand a vehicle within any such designated area for a longer period than is allowed by the posted limitation or duration. (Ord. 2003-06 § 1, 2003: Ord. 93-12 § 2, 1993)

10.08.110 Areas where parking fee collection boxes installed.

In areas for which parking fee collection boxes have been installed, no vehicle shall be parked during the hours for which parking fees are charged unless there has been deposited in the applicable parking fee collection box, in the appropriate slot, in United States currency, check or money order, the appropriate parking fee as designated by the city by resolution or ordinance.

A. For vehicles parked in the city parking lot at the Washington State Ferry Terminal, the parking fee collection box located at the southern end of the parking lot shall be deemed the applicable parking fee collection box. Any person wishing to park two or more consecutive 24-hour periods in the city parking lot at the Washington State Ferry Terminal may do so only after making prior arrangements with the city for payment of all applicable parking fees.

B. For purposes of those vehicles parked in the Civic Center Parking Lot, the parking fee collection box located at the southern end of the parking lot shall be deemed the applicable parking fee collection box.

C. For purposes of those vehicles parked on Bjune and Brien Drives, the parking fee collection box located at the east intersection of Bjune Drive and Brien Drives shall be deemed to be the applicable parking fee collection box.

D. Failure to comply with this section shall constitute “overtime parking.” (Ord. 2003-06 § 2, 2003; Ord. 93-12 § 2, 1993)

10.08.120 Taxi zone.

In areas designated “Taxi Zone,” no vehicle other than a taxi shall stop, stand or be parked for any purpose or period of time. Taxis may stop, stand, or park in these areas solely for the expeditious loading and unloading of passengers. (Ord. 93-12 § 2, 1993)

10.08.130 Bus zone.

A. In areas designated “Bus Zone,” no vehicle other than a bus shall stop, stand or be parked for any purpose or period of time. Buses may stop, stand, or park in these areas solely for the expeditious loading and unloading of passengers.

B. For purposes of this section, the term “bus” shall mean:

1. Any motor vehicle used for the purpose of carrying passengers together with incidental baggage or freight, on a regular schedule of time and rates; or

2. Any motor vehicle designed for the purpose of carrying passengers (having a seating capacity for 11 or more persons) used regularly to transport persons in furtherance of any organized agricultural, religious, or charitable purpose; or

3. Any school bus. (Ord. 93-12 § 2, 1993)

10.08.140 Bicycle parking.

In areas designated “Bicycle Parking,” only bicycles shall be permitted to stop, stand or be parked. For purposes of this section, “bicycle” means any device capable of being propelled solely by human power upon which any person may ride, having two tandem wheels either of which is more than 20 inches in diameter. (Ord. 93-12 § 2, 1993)

10.08.150 Motorcycle parking.

In areas designated “Motorcycle Parking,” only motorcycles and mopeds shall stop, stand or park. For purposes of this section, “motorcycle” means every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a farm tractor and a moped. For purposes of this section, “moped” means any two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power and a motor with a cylinder displacement not exceeding 50 cubic centimeters which produces no more than two gross brake horsepower (developed by a prime mover, as measured by a brake applied to the driving shaft) and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground, and the wheels of which are at least 16 inches in diameter. (Ord. 93-12 § 2, 1993)

10.08.155 Parking within fire lane prohibited.

A. No person shall permit or allow a motor vehicle to park within or obstruct a fire lane.

B. For purposes of this section, “fire lane” means an area on public or private property reserved for providing the fire department access to structures, firefighting fixtures or equipment for emergency vehicles. Designation of fire lane locations shall be designated by both the fire marshal and the city engineer. (Ord. 2000-23 § 2, 2000; Ord. 2000-18 § 1, 2000. Formerly 10.08.185)

10.08.160 Areas limited to designated vehicles.

In areas for which a sign has been posted limiting parking to certain types of vehicles, no vehicle other than the designated vehicle shall stop, stand or be parked for any purpose or period of time. (Ord. 93-12 § 2, 1993)

10.08.170 Illegal parking defined.

The failure to comply with the regulations set forth in BIMC 10.08.020 through 10.08.160 shall constitute “illegal parking.” (Ord. 93-12 § 2, 1993)

10.08.180 Regulations applicable to stopping and parking in all areas of the city.

A. No vehicle shall stop, stand or park in such a manner as to impede traffic. “Impede traffic” shall be defined as the stopping, standing or parking of a vehicle in such a manner as to interfere with, obstruct or stop the lawful passage of pedestrians or other vehicles. Failure to comply with this subsection shall constitute “impeding traffic.”

B. No vehicle shall stop, stand or park in any parking area designated by lines or marks in any manner that the vehicle extends over or across any such line or mark or in such manner that the vehicle is not within the area so designated by such lines or marks. Failure to comply with this subsection shall constitute “improper parking.”

C. No vehicle shall stop, stand or park in any designated or nondesignated parking space in such a manner that the vehicle faces oncoming traffic. Failure to comply with this subsection shall constitute “wrong way” parking.

D. No vehicle shall stop, stand or park on any city owned property except in areas which have been clearly identified by the city by sign, painted lines or other marking as parking spaces. (Ord. 93-12 § 2, 1993)

10.08.190 Adoption by reference.

The following statutes of the state of Washington are adopted by reference:

RCW

46.61.570    Stopping, standing or parking prohibited in specified places – Reserving portion of highway prohibited.

46.61.575    Additional parking regulations.

46.61.581    Indication of parking space for disabled persons – Failure, penalty.

46.61.582    Free parking for disabled persons.

46.61.583    Special plate, card or decal issued by another jurisdiction.

(Ord. 93-12 § 2, 1993)

10.08.200 Additional general regulations.

A. No person shall deposit or cause to be deposited in any parking fee collection box any slug, button, foreign currency, or any other device or substance as a substitute for currency of the United States, check or money order. Failure to comply with this subsection shall constitute “illegal use,” and any items so deposited will not be credited toward payment of the applicable parking fee.

B. No person shall duplicate or falsify any carpool parking permit or monthly parking permit issued by the city.

C. Compliance with the provisions of this section shall not relieve any person from compliance with the provisions of any other Bainbridge Island ordinances prohibiting or regulating the stopping, standing or parking of vehicles. (Ord. 93-12 § 2, 1993)

10.08.210 Administration.

A. The city manager shall establish administrative procedures for the administration of parking pursuant to the provisions of this chapter including, but not limited to, procedures for the issuance of carpool and monthly parking permits.

B. In addition, the city manager shall appoint one or more persons as parking enforcement officers who shall be under the supervision of the police department. The parking enforcement officers shall have authority to issue notices of traffic infractions relating to the parking, standing or stopping of vehicles, but shall not be considered uniformed police officers for purposes of LEOFF and civil service statutes. (Ord. 2009-21 § 33, 2009: Ord. 99-59 § 2, 1999; Ord. 95-20 § 2, 1995; Ord. 93-12 § 2, 1993)

10.08.220 Revocation of carpool permits.

A. The city shall revoke the carpool parking privileges of any carpool parking permit holder determined to have duplicated or falsified a carpool parking permit.

B. The city shall revoke for a period of one year the carpool parking privileges of any carpool parking permit holder who is determined to have violated the provisions of BIMC 10.08.070 above on three or more occasions.

C. If, as a result of the revocations described in this section, the number of members in a carpool group falls below two, the carpool group will be responsible for substituting a new carpool member. This new carpool member must be registered in the manner required by the city prior to the further exercise by the carpool group members of their carpool permit privileges. (Ord. 96-24 § 2, 1996; Ord. 93-12 § 2, 1993)

10.08.230 Revocation of monthly parking permits.

A. The city shall revoke the monthly parking privileges of any permit holder determined to have duplicated or falsified a monthly parking permit.

B. The city shall revoke for a period of one year the monthly parking privileges of any permit holder who is determined to have violated the provisions of BIMC 10.08.080 on two or more occasions. (Ord. 93-12 § 2, 1993)

10.08.240 Registered owner’s responsibility.

The registration or licensing of a vehicle in the name of a person, persons, entity or entities shall raise a prima facie presumption that the person, persons, entity or entities is responsible for all traffic infractions set forth in this chapter which are attributable to the vehicle. The prima facie presumption may be rebutted by a showing by the party or parties charged with the traffic infraction that they are not in fact responsible for the traffic infractions. (Ord. 93-12 § 2, 1993)

10.08.250 Penalties.

A. It shall be a traffic infraction for any person to permit or allow a vehicle to stop, stand, or park in violation of this chapter. The monetary penalty for violation of this chapter shall be $50.00 for each such violation, except as follows:

1. For violation of BIMC 10.08.050, $250.00 for each violation.

2. For violation of BIMC 10.08.100, $50.00 for the first violation, $50.00 for the second violation arising out of the same traffic infraction as the first violation, and $50.00 for the third violation arising out of the same traffic infraction as the second violation.

3. For violation of BIMC 10.08.070, $50.00 for the first violation, and $100.00 for the second and all subsequent violations. In addition to monetary penalties, a carpool permit holder violating BIMC 10.08.070 on three or more occasions shall have his or her carpool parking privileges revoked for a period of one year in accordance with BIMC 10.08.220.B.

4. For violation of BIMC 10.08.155, $100.00 for each violation, and the vehicle may be towed and impounded at the owner’s expense.

A notice of traffic infraction shall be affixed in a conspicuous place on the vehicle stopped, standing, or parked in violation of this chapter and shall be in the form approved by the administrator for the courts. All monetary penalties shall be paid to the municipal court of the city.

B. The procedures governing cases alleging a parking, standing or stopping traffic infraction pursuant to this chapter shall be as prescribed by the Washington Supreme Court in its Justice Court Traffic Infraction Rules (hereinafter JTIR).

C. In the event that response to the notice of traffic infraction is not made in accordance with the provisions of subsection B of this section, the following additional sanctions will apply:

1. An additional monetary penalty will be imposed pursuant to JTIR 2.5 for failure to respond.

2. The monetary penalty for late payment of parking violations shall be an additional $25.00.

3. The city may refer the case to the city attorney for criminal prosecution. (Ord. 2010-44 § 1, 2010: Ord. 2003-06 § 3, 2003; Ord. 2000-23 § 4, 2000; Ord. 98-28 § 1, 1998; Ord. 96-36 § 1, 1996; Ord. 96-24 § 3, 1996; Ord. 93-12 § 2, 1993)