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Title 10
VEHICLES AND TRAFFICChapters:
10.04 State Law Adopted
10.08 Repealed
10.16 Driving Under Influence of Alcohol
10.18 Stopping, Standing and Parking
10.28 Trailer Houses
10.32 Impounding Vehicles
10.33 Junk Vehicles and Automobile Hulks
10.34 Speed Limits
10.40 Compression Brakes
10.44 Skateboards and Scooters
10.46 Bicycle Helmets
10.48 Commute Trip Reduction
Chapter 10.04
STATE LAW ADOPTEDSections:
10.04.010 Model Traffic Ordinance.
10.04.012 Statute adopted – Admissibility of refusal of alcohol test.
10.04.015 Chapters adopted.
10.04.020 Violation – Penalty.
10.04.010 Model Traffic Ordinance.
The Model Traffic Ordinance (MTO), Chapter 308-330 WAC, is incorporated by reference and the addition of any new section to or amendment or repeal of any section in this chapter will be deemed to amend the ordinance codified in this section or part thereof that shall be not necessary for the legislative authority to take any action with respect to such addition, amendment or repeal. (Ord. 1828 § 1, 1994; Ord. 1742 § 1, 1992; Ord. 1291 § 2, 1979; Ord. 1144 § 1, 1975).
10.04.012 Statute adopted – Admissibility of refusal of alcohol test.
There is adopted RCW 46.61.517 pertaining to the admissibility as evidence of the refusal of an alcohol test, and all such future amendments and adoptions. (Ord. 1742 § 2, 1992).
10.04.015 Chapters adopted.
There is adopted by reference Chapter 46.62 RCW – Disposition of Traffic Infractions. Under the provisions of RCW 35A.12.140 the ordinance codified in this section shall be published as required by law, but the aforementioned state statute adopted by reference need not be published but shall be authenticated and recorded by the city clerk and not less than three copies of said statute in the form in which it was adopted shall forthwith be filed in the office of the city clerk for use and examination by the public. (Ord. 1339 § 1, 1981).
10.04.020 Violation – Penalty.
Violation of or failure to comply with any of the provisions of this chapter shall be punished by a fine in any sum not to exceed $300.00 or by imprisonment in the city jail for a term not exceeding 90 days, or both such fine and imprisonment; except, where additional fines and/or imprisonments as established by the above referred to Revised Code of Washington, the Revised Code of Washington shall govern on any such variance. (Ord. 1144 § 3, 1975).
Chapter 10.08
ARTERIALS AND STOP STREETS(Repealed by Ord. 1980)
Chapter 10.16
DRIVING UNDER INFLUENCE OF ALCOHOL1Sections:
10.16.010 State provisions adopted – Chapter 176 of the Laws of 1979.
10.16.020 State provisions adopted – Chapter 165 of the Laws of 1983.
10.16.030 State provisions adopted – Drunk driving act.
10.16.010 State provisions adopted – Chapter 176 of the Laws of 1979.
The city incorporates by reference, and has on file in the office of the city clerk, those provisions enacted by the state in Chapter 176 of the Laws of 1979, 46th Washington Legislature, 1st Extraordinary Session, pertaining to motor vehicle offenses – influences of alcohol or drugs, Sections 1, 2, 3, 5 and 6 which are codified under RCW 46.61.502, 46.61.504, 46.61.506 and 46.61.515. (Ord. 1433 § 1, 1984).
10.16.020 State provisions adopted – Chapter 165 of the Laws of 1983.
The city incorporates by reference, and has on file in the office of the city clerk, those provisions contained in the laws of the state of Washington enacted by its Legislature in Chapter 165 of the Laws of 1983, 48th Washington Legislature, Regular Session, dealing with driving while intoxicated – implied consent – driver’s licenses, and further enacts those penalty provisions prescribed for these offenses, as limited to the maximum allowable for cities organized under the Optional Municipal Code, RCW Title 35A. (Ord. 1433 § 2, 1984).
10.16.030 State provisions adopted – Drunk driving act.
The city adopts by reference RCW Title 46, driving while under the influence of intoxicants and/or drugs and including penalties, amendments and additions thereto as passed in the Washington State Legislative Session ending 1994, effective July 1, 1994, Chapter 275, Laws of 1994 known as “1994 Omnibus Drunk Driving Act” and all future amendments and additions and RCW 46.20.730. (Ord. 1827 § 1, 1994).
Chapter 10.18
STOPPING, STANDING AND PARKINGSections:
10.18.010 Application of chapter.
10.18.020 Regulations not exclusive.
10.18.030 Standing or parking close to curb.
10.18.040 Loading, unloading at angle to curb – Permit required.
10.18.050 Curb-loading zones designated.
10.18.060 Standing vehicle in passenger curb-loading zone.
10.18.070 Standing vehicle in freight curb-loading zone.
10.18.080 Designation of public carrier stands.
10.18.090 Stopping, standing, parking buses, taxicabs.
10.18.100 Obstructing traffic.
10.18.110 All day parking.
10.18.120 Parking in alleys.
10.18.130 Parking for certain purposes prohibited.
10.18.140 Adjacent to schools.
10.18.150 Prohibited on narrow streets.
10.18.160 Near hazardous, congested place.
10.18.170 Establishing parking restrictions on certain streets.
10.18.175 Weight restriction on Railroad Avenue parking lots.
10.18.180 Schedule of parking restrictions.
10.18.185 Parking prohibited from 3:00 a.m. to 5:00 a.m.
10.18.187 Parking restrictions on downtown municipal parking lot.
10.18.190 Overhang of vehicles.
10.18.200 Signs.
10.18.210 Leaving unattended children in parked or standing vehicles.
10.18.220 Traffic committee.
10.18.230 Oversized vehicles.
10.18.240 Violation – Penalty.
10.18.010 Application of chapter.
The provisions of this chapter restricting or prohibiting the standing or parking of a vehicle shall apply at all times or at those times as specified or as indicated on official signs, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device. (Ord. 1261 § 1, 1979).
10.18.020 Regulations not exclusive.
The provisions of this chapter imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at specified times. (Ord. 1261 § 1, 1979).
10.18.030 Standing or parking close to curb.
Except where parking at an angle is permitted by this title or any other ordinance, no person shall stand or park a vehicle upon a roadway other than parallel with the edge of the roadway headed in the direction of the lawful traffic movement on that portion of the roadway and with the wheels of the vehicle on that side which is consistent with the lawful movement of traffic within 12 inches of the curb or edge of the roadway. (Ord. 1261 § 1, 1979).
10.18.040 Loading, unloading at angle to curb – Permit required.
The traffic committee is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permit. Permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to such a person the privilege as therein stated and authorized in this section. It is unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit; provided, however, that no permit issued under this section shall be exclusive. (Ord. 1261 § 1, 1979).
10.18.050 Curb-loading zones designated.
The traffic committee is authorized to determine the location of passenger and freight curb-loading zones and shall place and maintain appropriate signs indicating the same and stating the hours during which the provisions of this section are applicable. No person shall be granted the right, use, or franchise for vehicle parking on any portion of the surface area of any public highway to the exclusion of any other like person. (Ord. 1261 § 1, 1979).
10.18.060 Standing vehicle in passenger curb-loading zone.
No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger curb-loading zone during hours when the regulations applicable to curb-loading zones are effective, and then only for a period not to exceed three minutes. (Ord. 1261 § 1, 1979)
10.18.070 Standing vehicle in freight curb-loading zone.
A. No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials in any place marked as a freight curb-loading zone during hours when the provisions applicable to such zone are in effect. In no case shall the stop for loading and unloading of materials exceed 30 minutes.
B. The operator of a passenger vehicle may stop temporarily at a place marked as a freight curb-loading zone for the passengers when such stopping does not interfere with any motor vehicle used for the transportation of materials which is waiting to enter, or about to enter, such a zone. (Ord. 1261 § 1, 1979).
10.18.080 Designation of public carrier stands.
The traffic committee is authorized and required to establish bus stops, bus stands, and taxicab stands and stands for other passenger common carrier motor vehicles on such public streets in such places and in such number as it determines to be of the greatest benefit and convenience to the public. Every such bus stop, bus stand, taxicab stand or other stand shall be designated by appropriate signs. (Ord. 1261 § 1, 1979)
10.18.090 Stopping, standing, parking buses, taxicabs.
A. The operator of a bus shall not stand or park such a vehicle upon any street at any place other than a bus stand so designated as provided herein.
B. The operator of a bus shall not stop such a vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop, bus stand, or passenger loading zone so designated as provided in this chapter, except in case of an emergency.
C. The operator of a bus shall enter a bus stop, bus stand, or passenger loading zone on a public street in such a manner that the bus, when stopped to load or unload passengers or baggage, shall be in a position with the front curb wheel of such vehicle not further than 18 inches from the curb and the bus approximately parallel to the curb so as not to impede unduly the movement of other vehicular traffic.
D. The operator of a taxicab shall not stand or park his vehicle upon any street at any place other than in a taxicab stand so designated as provided in this chapter. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers. (Ord. 1261 § 1, 1979).
10.18.100 Obstructing traffic.
No person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less then eight feet of the width of the roadway for free movement of vehicular traffic. (Ord. 1261 § 1, 1979).
10.18.110 All day parking.
No person shall park or stand any vehicle upon any street or public way for a period exceeding 24 hours, regardless of any other regulation then in effect. When any vehicle is parked or stands for a period exceeding 24 hours, the vehicle is deemed to constitute a hazard or obstruction to traffic or is deemed an abandoned vehicle and may be impounded as provided in EMC 10.32.020. (Ord. 1261 § 1, 1979).
10.18.120 Parking in alleys.
No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than eight feet of width of the roadway for the free movement of vehicular traffic. No person shall stop, stand or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property; except to allow a vehicle to load or unload merchandise, or material to repair the business, in the immediate proximity of the business, provided the vehicle being parked not be stationary for over 30 minutes and there is an operator in the immediate area of the vehicle to allow the operator to move the vehicle in the event of an emergency. (Ord. 1638 § 1, 1989; Ord. 1261 § 1, 1979).
10.18.130 Parking for certain purposes prohibited.
No person shall park a vehicle upon a roadway for the principal purpose of:
A. Displaying the vehicle for sale or for advertising services for vehicles;
B. Washing, greasing, or repairing the vehicle, except repairs necessitated by an emergency. (Ord. 1261 § 1, 1979).
10.18.140 Adjacent to schools.
A. The traffic committee is authorized to erect signs indicating no parking upon either or both sides of any street adjacent to any school property when such parking would, in its judgment, interfere with traffic or create a hazardous situation.
B. When official signs are erected indicating no parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place. (Ord. 1261 § 1, 1979).
10.18.150 Prohibited on narrow streets.
A. The traffic committee is hereby authorized to erect signs indicating no parking upon both sides of a street when the width of the improved roadway does not exceed 20 feet, or upon one side of a street as indicated by such signs when the width of the improved roadway is between 20 and 28 feet inclusive.
B. When official signs prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign. (Ord. 1261 § 1, 1979).
10.18.160 Near hazardous, congested place.
A. The traffic committee is authorized to determine and designate by proper signs, places not exceeding 100 feet in length in which the stopping, standing, or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.
B. When official signs are erected at hazardous or congested places as authorized in this section, no person shall stop, stand, or park a vehicle in any such designated place. (Ord. 1261 § 1, 1979).
10.18.170 Establishing parking restrictions on certain streets.
In order to relieve traffic congestion and facilitate the orderly movement and safety of traffic, the legislative authority of the city, consistent with the provisions of this title and state law, shall, by ordinance:
A. Determine upon which streets or portions thereof vehicles shall be angle parked, as distinguished from parked, and determine the manner, angle, and direction which vehicles shall be so angle parked;
B. Establish the location and duration of time limit for parking on certain streets;
C. Prohibit at certain times, or entirely, or shorten the time during which vehicles may be parked in locations where traffic tends to congest;
D. Authorize the traffic committee as established in EMC 10.18.220 to carry out and to enforce provisions in this chapter including designating zones for traffic movement and parking. (Ord. 1261 § 1, 1979).
10.18.175 Weight restriction on Railroad Avenue parking lots.
No vehicle or trailer in excess of 8,000 pounds gross vehicle weight shall be allowed on those parking lots in the vicinity of Railroad Avenue, legally described on Exhibit 1, attached to the ordinance codified in this section, on file in the office of the city clerk, and incorporated by reference, less Railroad Avenue. (Ord. 1435 § 1, 1984).
10.18.180 Schedule of parking restrictions.
A. In order to relieve traffic congestion and facilitate the orderly movement and safety of traffic, as provided in EMC 10.18.170, the stopping, standing and parking of vehicles is restricted upon those streets and highways listed and described in the schedule of parking restrictions set forth in this section as therein indicated and as established by the traffic committee.
B. The city traffic committee, in conjunction with the state highway authorities on those portions of such streets forming a part of the state highway system and as provided in EMC 10.18.200, shall cause appropriate signs to be erected on such streets, giving notice of the prohibition of parking thereon. When official signs are so erected and placed, no person shall stop, stand or park any vehicle in violation of the restrictions stated on such signs.
C. Parking is prohibited along the northern right-of-way of Highway 410, aka Roosevelt Avenue, eastward from the intersection of 284th Avenue S.E. for a distance of 300 feet. (Ord. 1261 § 2, 1979).
10.18.185 Parking prohibited from 3:00 a.m. to 5:00 a.m.
The following areas shall be no parking areas from 3:00 a.m. to 5:00 a.m. Monday through Friday: Railroad Street between Myrtle Avenue and Initial Avenue, Cole Street between Myrtle Avenue and Initial Avenue, Porter Street between Myrtle Avenue and Initial Avenue, Myrtle Avenue between Railroad Street and Porter Street, Griffin Avenue between Railroad Street and Porter Street and Initial Avenue between Railroad Street and Porter Street. (Ord. 1396 § 1, 1983).
10.18.187 Parking restrictions on downtown municipal parking lot.
A. No vehicle shall remain in the municipal parking lot located between Cole Street, Initial Avenue, Railroad Street, and Stevenson Avenue in excess of three hours continuously per day; with the exception of the designated parking spaces in the southeast section of the downtown municipal parking lot. These designated spaces, identified on the map attached to the ordinance codified in this section, shall limit parking to not exceed six hours continuously per day.
B. The penalty provisions of EMC 10.18.240 shall apply to violation of the above parking restrictions on the downtown municipal parking lot. (Ord. 1824 §§ 2, 3, 1994; Ord. 1674 § 1, 1990; Ord. 1672 § 1, 1990).
10.18.190 Overhang of vehicles.
No person shall stand or park any vehicle in any private parking area or private yard in such a manner as to leave any part of such vehicle overhanging into any public right-of-way, including sidewalks and pathways. (Ord. 1261 § 1, 1979).
10.18.200 Signs.
Whenever any parking time limit is imposed, or stopping, standing or parking is prohibited on designated streets or portions thereof, it shall be the duty of the traffic committee to have erected appropriate signs giving notice thereof. No such regulations shall be effective unless the signs are erected and in place at the time of any alleged violation. The curb of that portion of the street where parking is prohibited may be marked with a yellow color in lieu of or in conjunction with such signs. The absence of such signs or marking shall not excuse a violation of the prohibited parking places specified in RCW 46.61.570 or as set forth in this title as to parking places of general application. (Ord. 1261 § 1, 1979).
10.18.210 Leaving unattended children in parked or standing vehicles.
No person, while operating or in charge of a motor vehicle, shall park or willfully allow such vehicle to stand upon a public street, public way or in a place open to the public, leaving any child or children under the age of eight years unattended therein. For the purposes of this section, “unattended” means where no responsible person over 12 years of age is physically present in such vehicle and has immediate control over such child or children, or the person operating or in charge of such vehicle is not in the immediate vicinity where such child or children can be seen or heard by such person. (Ord. 1261 § 1, 1979).
10.18.220 Traffic committee.
There is created a committee to be known as the “traffic committee” which shall have authority to effect posting of signs, establish restrictions and prohibitions, and do such other matters as apply to stopping, standing and parking and other traffic activities and related activities that may be applicable to such committee. This committee shall be composed of those individuals designated from time to time by the city mayor and shall be subject to appointment and dismissal at the option of the mayor. (Ord. 1261 § 1, 1979).
10.18.230 Oversized vehicles.
No vehicle exceeding in width seven and one-half feet, or in length exceeding 20 feet, shall be parked on any street in the city for a period exceeding one hour, except for the expeditious loading or unloading of articles and materials such as moving vans or other commercial vehicles on regular delivery or service calls. (Ord. 1327 § 1, 1980; Ord. 1272 § 1, 1979).
10.18.240 Violation – Penalty.
A violation of any provision of this chapter shall be a civil infraction with a fine of $20.00 per infraction. The monetary penalty for failure to respond to a notice of a traffic infraction relating to overtime parking shall be $40.00. (Ord. 2109 § 1, 2001; Ord. 1352 § 1, 1981; Ord. 1332 § 1, 1980; Ord. 1261 § 4, 1979).
Chapter 10.28
TRAILER HOUSESSections:
10.28.010 Purpose of chapter.
10.28.020 Definitions.
10.28.030 Parking regulations – Permit.
10.28.040 Property owners allowing parking without permit prohibited.
10.28.050 Removal of wheels.
10.28.060 Penalty for violation.
10.28.010 Purpose of chapter.
This chapter, and the enforcement thereof, is deemed expedient to maintain the peace, good government and welfare of the city and its trade, commerce and manufacture, and necessary as a sanitary measure and for the proper safeguarding of the public health, safety and morals. (1958 Code § 2.12.010).
10.28.020 Definitions.
As used in this chapter:
A. “Chief of police” means the chief of police of the city.
B. “Person” means person, firm, corporation, partnership or association.
C. “Trailer camp” means any site, lot, field or tract of ground upon which two or more trailer coaches are placed, and includes any building, structure, tent, vehicle or enclosure used or intended for use as a part of the equipment of such camp.
D. “Trailer coach” means any vehicle or structure used, or maintained for use as a conveyance upon highways or city streets, so designed and constructed as to permit occupancy thereof as a temporary dwelling or sleeping place, for one or more persons, having no other foundation than wheels or jacks. This definition shall not be interpreted as applying to equipment owned and operated by the armed forces of the United States. (1958 Code § 2.12.020).
10.28.030 Parking regulations – Permit.
It is unlawful for the owner, operator or lessee of any trailer coach, or any person in possession thereof:
A. To park or cause or permit the same to stand or to be upon any public street, avenue, park, alley or any other public place within the corporate limits of the city for more than eight hours in any three day period;
B. To park, or cause or permit the same while used for living and/or sleeping quarters, to stand, or be upon any private property within the corporate limits of the city, except in a trailer camp duly licensed to be operated as such by the city, and fully complying with the rules and regulations of the State Board of Health governing sanitation; provided, however, that a trailer coach may be lawfully parked for use and occupancy upon private property situate within the corporate limits of the city for a period of not more than 24 hours in case the person in possession thereof has first obtained from the chief of police a written permit therefor, and from the owner or owners of such private property written consent to such parking. (1958 Code § 2.12.030).
10.28.040 Property owners allowing parking without permit prohibited.
It is unlawful for the owner, person in possession or having control of any private property situate within the corporate limits of the city to permit a trailer coach when at any time used for commercial, living and/or sleeping quarters, to be parked on such private property, unless and until the person in possession of such trailer coach has exhibited to such owner, person in possession or having control of such private property, a written permit therefor, signed by the chief of police. (1958 Code § 2.12.040).
10.28.050 Removal of wheels.
Any removal or partial removal of wheels of a trailer coach, except for temporary purposes of repair, or other action to attach a trailer coach to the ground by means of posts, piers, foundation or skirting, subjects the trailer coach to the requirements of the building code of the city, as well as this chapter. (1958 Code § 2.12.050).
10.28.060 Penalty for violation.
Any person found guilty of violating any provision of this chapter shall be punished as provided in Chapter 1.08 EMC. (Ord. 1079 § 2, 1973; 1958 Code § 2.12.060).
Chapter 10.32
IMPOUNDING VEHICLESSections:
10.32.010 Impound defined.
10.32.020 Authorized – When.
10.32.030 Notice to impound – Authority of contractor.
10.32.040 Notice to owner.
10.32.050 Abandoned vehicles.
10.32.060 Redemption – Procedure.
10.32.070 Payment of charges – City not liable.
10.32.080 Penalty for violation.
10.32.010 Impound defined.
“Impound” means to take possession of a thing under the authority of an ordinance of the city and thereafter to remove or have removed to a place of safety and there maintain it. (1958 Code § 8.42.010)
10.32.020 Authorized – When.
Officers of the police department are authorized to remove and have removed or cause to be removed vehicles from the public highways, streets, alleys, ways or other public location to the nearest garage or other place of safety or to a garage or location designated or maintained by the police department or otherwise maintained by this city under the following circumstances:
A. When any vehicle is left unattended upon any bridge, viaduct or causeway, where such vehicle constitutes an obstruction to traffic;
B. When a vehicle upon a highway (including bridges or approaches) is so disabled as to constitute an obstruction to traffic, or when the person in charge of the vehicle by reason of physical injury or intoxication is so incapacitated as to be unable to provide for its custody or removal;
C. When a vehicle parked illegally is left unattended and constitutes a definite hazard or obstruction to the normal movement of traffic, or a hazard to public safety;
D. When a vehicle parked illegally is left unattended on public property;
E. When an officer of the police department has reason believe that a vehicle is stolen or that a vehicle is needed for evidence in a criminal prosecution;
F. When in the judgment of an officer of the police department an unoccupied and unattended vehicle is in danger of being stripped, stolen or vandalized, or when there is reason to believe a vehicle has been abandoned;
G. When a wrecked and unattended vehicle has been left on public property;
H. When an unattended vehicle is parked and does not display valid current license plates. (1958 Code § 8.42.020).
10.32.030 Notice to impound – Authority of contractor.
If a towing contract has been awarded, or party designated to pick up vehicles as stated herein, the police officer ordering impounding shall immediately notify such contractor or designated party of the location of the impounded vehicle. Such contractor or towing concern shall thereupon be authorized to seize such vehicle and remove it to the designated place of safety. (1958 Code § 8.42.030).
10.32.040 Notice to owner.
A. The police department shall, as soon as practicable after impounding any vehicle, obtain the name and address of the registered owner of the impounded vehicle shown by the records of the authority last licensing the vehicle, and immediately after obtaining such information shall send a written notice to such owner that the vehicle has been impounded. In the event any such vehicle is stored in a privately operated garage, a copy of such notice shall be given to the proprietor of such garage.
B. Whenever the police department does not know and is not able to ascertain or obtain the name of the owner of an impounded vehicle, or for any reason is unable to give the notice to the owner within a period of three days, then the police department shall immediately send or cause to be sent written report of the impounding by mail to the state department or agency that has the duty to register motor vehicles and shall give a copy of such report to the proprietor of the garage in which the vehicle may be stored. Such report shall include a complete description of the vehicle, the date, time of removal, the place from which it was removed, the reason for such removal and the name and address of the garage or place where the vehicle is stored. (1958 Code § 8.42.040).
10.32.050 Abandoned vehicles.
The chief of police shall report to the Chief of the Washington State Patrol the facts with respect to the impounding of any vehicle by the police department on the ground of reasonable belief of an abandonment and shall surrender possession thereof to the sheriff of King County as required by the Washington Motor Vehicle Act. Copies of such report shall be sent to the sheriff and to the operator of the garage in which the vehicle is impounded. Any vehicle not redeemed within 15 days of sending the notice to the owner or report to the state department as required by EMC 10.32.040 shall be deemed abandoned for purposes of this section. (1958 Code § 8.42.050).
10.32.060 Redemption – Procedure.
Before the owner, claimant or his agent is permitted to remove a vehicle from the city garage or place of impounding, he shall furnish satisfactory evidence to the police department and the operator of such location and/or garage in which the vehicle is impounded of his identity and ownership and agency if represented by an agent, and pay all towing, hauling or storage charges incurred for the impounding of the vehicle, as provided in this chapter, and sign a written receipt for the vehicle and if there is yet doubt as to his ownership or authority thereof, he shall file with the city a surety bond executed by a company authorized to do business in the state of Washington, with the amount and sufficiency of surety approved by the chief of police, conditioned to defend and save the city and garage owner, party concerned or yard owner harmless on account of each removal. (1958 Code § 8.42.060).
10.32.070 Payment of charges – City not liable.
All towing and hauling and storage charges on each vehicle impounded pursuant to this chapter shall be paid by the owner thereof or his agent, or other persons redeeming the vehicle. If the vehicle is not redeemed, such charges shall be paid as provided in RCW 46.52.110. In no event shall the city be liable for any such charge, and the owner of each garage approved as a vehicle pound, pursuant to this chapter, by accepting his city contract shall be considered as so stipulating. (1958 Code § 8.42.070).
10.32.080 Penalty for violation.
Every person convicted of a violation of this chapter shall be punished as provided in Chapter 1.08 EMC. (Ord. 1079 § 2, 1973; 1958 Code § 8.42.080).
Chapter 10.33
JUNK VEHICLES AND
AUTOMOBILE HULKSSections:
10.33.010 Purpose and intent.
10.33.020 Definitions.
10.33.030 Nuisance.
10.33.040 Summary removal procedures.
10.33.050 Nuisance abatement procedures.
10.33.060 Exceptions.
10.33.070 General duty.
10.33.010 Purpose and intent.
The purpose and intent of this chapter is to provide for and implement the greatest powers possible for facilitating the removal of junk vehicles, parts thereof, and automobile hulks from public and private property as authorized by the provisions of RCW 46.55.240 as now existing and in accordance with any amendments that may hereafter be made thereto. (Ord. 1752 § 1, 1992).
10.33.020 Definitions.
The following words and terms used in this chapter shall have the following meanings except where otherwise defined in this chapter, and unless where used the context thereof clearly indicates to the contrary:
A. “Automobile hulk” means an automobile hulk whether abandoned or not and further as defined in RCW 46.79.010(2) as now enacted or hereafter amended.
B. “Junk vehicle” means a junk vehicle as defined in RCW 46.55.010(4) as now enacted or hereafter amended; currently defined as:
1. Three years or older; and
2. Extensively damaged, such damage, including, but not limited to, any of the following: a broken window or windshield or missing wheels, tires, motor or transmission; and
3. Apparently inoperable; and
4. Without a valid, current registration plate; and
5. Having a fair market value equal only to the value of the scrap in it.
C. “Landowner” means a landowner as now defined in RCW 46.55.230(7) as now enacted or hereafter amended. (Ord. 1752 § 2, 1992).
10.33.030 Nuisance.
The storing or keeping of junk vehicles, parts thereof, or automobile hulks on public or private property is declared to be a public nuisance, except as provided for in EMC 10.33.060. Such public nuisance may be abated as provided for in EMC 10.33.040 and 10.33.050. (Ord. 1752 § 3, 1992).
10.33.040 Summary removal procedures.
A. The police department shall inspect and investigate complaints about the storing or keeping of junk vehicles, parts thereof, and automobile hulks on public and private property. Upon discovery of an alleged junk vehicle, parts thereof, or automobile hulk, the police department may contact the landowner of the property where the junk vehicle, parts thereof, or automobile hulk is located, and determine if the landowner claims any ownership interest in or bailment responsibility for the junk vehicle, parts thereof, or automobile hulk. If the landowner claims no ownership interest or bailment responsibility the police department shall request the landowner to execute a statement to that effect under penalty of perjury.
B. If the landowner claims an ownership interest or bailment responsibility for a junk vehicle, parts thereof, or automobile hulk located on his or her property, and the landowner does not within 30 days after notification by the police department voluntarily abate the nuisance either by removing it from the property or enclosing it as provided for in EMC 10.33.060(A), the police department may proceed to deal with the junk vehicle, parts thereof, or automobile hulk as provided for in EMC 10.33.050.
C. Upon execution by the landowner of the statement of no ownership interest in or bailment responsibility for the junk vehicle, parts thereof, or automobile hulk, the police department shall cause a junk vehicle notification form to be mailed to the vehicle’s registered legal owner of record by certified mail, return receipt requested. Additionally, this notification shall inform the owner of the city’s intent to dispose of the junk vehicle, parts thereof, or automobile hulk. If the junk vehicle, parts thereof, or automobile hulk remains unclaimed for more than 30 days after the junk vehicle notification form has been received, the police department may have the junk vehicle, parts thereof, or automobile hulk removed with notice to the Washington State Patrol and the Department of Licensing that the junk vehicle has been wrecked.
D. If no information identifying the owner of the junk vehicle, parts thereof, or automobile hulk is available after the landowner has executed the statement of no ownership interest or bailment responsibility, the police department may place a legal notice of custody and sale in the official newspaper of the city. This notice shall comply with the provisions of RCW 46.55.230(5) regarding junk vehicle disposition, as now enacted or hereafter amended, and shall additionally inform the owner of the city’s intent to dispose of the junk vehicle, parts thereof, or automobile hulk. If the junk vehicle, parts thereof, or automobile hulk remains unclaimed for more than 20 days after publication of the notice, the police department may have the junk vehicle, parts thereof, or automobile hulk removed with notice to the Washington State Patrol and Department of Licensing that the junk vehicle has been wrecked. (Ord. 1752 § 4, 1992).
10.33.050 Nuisance abatement procedures.
A. If a landowner claims an ownership interest in or bailment responsibility for a junk vehicle, parts thereof, or automobile hulk located on his property upon contact by the police department as provided for in EMC 10.33.040(B), then the matter shall be referred to the chief of police for possible further action.
B. After referral to the chief of police as provided for in subsection A of this section, the chief of police may give notice to any landowner storing or keeping a junk vehicle, parts thereof, or automobile hulk within any zone in the city that such vehicle, parts thereof, or automobile hulk is a public nuisance which must be abated by the landowner within 30 days or the city will proceed to abate the nuisance by removal of the junk vehicle, parts thereof, or automobile hulk from the landowner’s property; and, that the costs of such removal including administrative costs shall be assessed against the registered owner of the junk vehicle, parts thereof, or automobile hulk if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle or automobile hulk has complied with RCW 46.12.101 regarding transfer of ownership, or the costs may be assessed against the owner of the property on which junk vehicle, parts thereof, or automobile hulk is stored. This notice shall also inform the registered owner and the landowner of the right to request a hearing to contest the city’s proposed removal of junk vehicle, parts thereof, or automobile hulk. This notice shall be delivered to the last registered owner of the junk vehicle, parts thereof, or automobile hulk and to the landowner and the property owner of record if different from the landowner by certified mail, return receipt requested.
C. Notice. The notice required by subsection B of this section shall be in substantially the following form:
JUNK VEHICLE, PARTS THEREOF, OR AUTOMOBILE HULK REMOVAL NOTICE
A junk vehicle(s), parts thereof, or automobile hulk(s) described as:
has been discovered by the City of Enumclaw located at _______________ (Street Address), described as ______________ (legal) within the City of Enumclaw which is shown by public record to be the real property of ____________, the last registered owner of such junk vehicle(s), parts thereof, or automobile hulk is listed of record as: _________________________ ________________________________.
All of you are informed that such junk vehicle(s), parts thereof, or automobile hulk(s) (is) (are) a public nuisance and unless such nuisance is abated within 30 days of your receipt of this notice by removal from the property hereinbefore described or enclosed on said property as set forth in the Enumclaw City Code 10.33.060(A), the City of Enumclaw will proceed to abate such public nuisance by removal of the listed junk vehicle(s), parts thereof, or automobile hulk(s) 30 days after you or your representative receives this notice as shown on the return receipt for this certified mail. The costs of removal, including administrative costs, will be assessed against the registered owner, unless the owner can demonstrate compliance with RCW 46.12.101 at the time of transfer of ownership, and/or against the landowner.
You may request a hearing before the Enumclaw Municipal Court to contest: the City’s determination that the above described junk vehicle(s), parts thereof, or automobile hulk(s) (is) (are) a public nuisance, the abatement thereof, or that you are legally responsible for these junk vehicle(s), parts thereof, or automobile hulk(s). To request this hearing, one of you must notify the undersigned in writing at the address below within 10 days of the date you or your representative received this notice as shown on the return receipt for this certified mail. If you do not request a hearing, the junk vehicle(s), parts thereof, or automobile hulk(s) will be removed by the City of Enumclaw and the costs thereof, including administrative costs, shall be assessed against all or any one of you.
Dated this ___ day of _________, 199__.
_____________________
Chief of Police
City of Enumclaw
1339 Griffin Ave.
Enumclaw, Wa. 98022
(206) 825-3591D. After the expiration of the 30 days provided for in the notice to the registered owner and the landowner if no hearing has been requested; or, after a hearing if requested and such action is authorized by the court, the police department may proceed to have the junk vehicle, parts thereof, or automobile hulk removed and the costs of such removal including administrative costs shall be taxed against the registered owner and/or landowner jointly and severally; and, notice shall be given to the Washington State Patrol and the Department of Licensing that the junk vehicle, parts thereof, or automobile hulk has been wrecked.
E. If either the last known registered owner of junk vehicle, parts thereof, or automobile hulk or the landowner requests a hearing before the Enumclaw municipal court to contest either (1) the city’s determination that junk vehicle, parts thereof, or automobile hulk constitutes a public nuisance, or (2) the abatement thereof, or (3) the legal responsibility of either or both the registered owner and/or landowner for the junk vehicle, parts thereof, or automobile hulk, that hearing shall be conducted after a written notice of the date, time, and place of such hearing is mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. The hearing shall be held within 30 days of receipt of written request for a hearing. No action shall be taken to remove the junk vehicle, parts thereof, or automobile hulk during the pendency of a hearing except pursuant to a court order. The landowner may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of junk vehicle, parts thereof, or automobile hulk on the real property, with his reasons for the denial. If it is determined at the hearing that the junk vehicle, parts thereof, or automobile hulk was or were placed on the land without the consent of the landowner and the landowner has not subsequently acquiesced in its presence, then the court shall not assess costs of administration or removal of the junk vehicle, parts thereof, or automobile hulk against the property upon which the junk vehicle, parts thereof, or automobile hulk is located or otherwise attempt to collect the costs from the owner. (Ord. 1752 § 5, 1992).
10.33.060 Exceptions.
The provisions of this chapter shall not apply under the following conditions:
A. If a junk vehicle, parts thereof, or automobile hulk is completely enclosed within a building in a lawful manner and is not visible from the street or other public or private property; or
B. If a junk vehicle, parts thereof, or automobile hulk is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130 regarding fencing of wrecker businesses, as now enacted or hereafter amended. (Ord. 1752 § 6, 1992).
10.33.070 General duty.
None of the provisions of this chapter are intended to create a cause of action or provide the basis for a claim against the city, its officials, or employees for the performance or failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public. (Ord. 1752 § 7, 1992).
Chapter 10.34
SPEED LIMITSSections:
10.34.010 Speed generally.
10.34.020 Repealed.
10.34.025 School or playground speed zone.
10.34.030 Violation – Penalty.
10.34.010 Speed generally.
Except as otherwise established by this title, this chapter and section as the same now is established and/or may be amended, and/or posted limitations, the speed limit within the city shall be 25 miles per hour. (Ord. 1178 § 1, 1976).
10.34.020 Speed limit additional provisions.
Repealed by Ord. 1980. (Ord. 1561 § 1, 1987; Ord. 1178 § 1, 1976).
10.34.025 School or playground speed zone.
A. The school or playground speed zone as defined under RCW 46.61.440, and as incorporated by reference by the city under the Model Traffic Ordinance, EMC 10.04.010, shall consist of that area marked with signage relaying to oncoming traffic “school zone or playground zone” and shall end with that sign marked “end of school zone or playground zone.”
B. The maximum speed in a school or playground zone shall be 20 miles per hour.
C. The 20 mile per hour maximum speed in school or playground zones shall be continuously in effect when children are present. (Ord. 2059 §§ 1 – 3, 2000).
10.34.030 Violation – Penalty.
Violation of or failure to comply with any of the provisions of this chapter shall be punished by a fine not to exceed $300.00. (Ord. 1178 § 2, 1976).
Chapter 10.40
COMPRESSION BRAKESSections:
10.40.010 Definitions.
10.40.020 Use declared nuisance.
10.40.030 Prohibited – Exception.
10.40.040 Violation – Penalty.
10.40.010 Definitions.
As used in this chapter:
A. “Brake” means any device used for slowing, halting, or stopping the movement of any motor vehicle.
B. “Motor vehicle” means and includes every self-propelled device capable of being moved upon the public highway and in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks, and including automobiles, tractors, trucks, trailers and transportation equipment of all kinds and sizes or any combination or combinations of the same. (Ord. 1495 § 1, 1985).
10.40.020 Use declared nuisance.
The city council finds that the use within the city limits of motor vehicle brakes which are activated or worked by the compression of the engine or of a motor vehicle disturbs and disrupts the public peace and quiet and disturbs the residents of the city and their rest and in the enjoyment of their property and by reason thereof, the city council finds that the use of such brakes within the city limits is a public nuisance. (Ord. 1495 § 2, 1985).
10.40.030 Prohibited – Exception.
The use within the city limits of any motor vehicle brakes which are in any way activated or operated by compression of the engine of any such motor vehicle or any unit or part thereof is prohibited, unless the noise created thereby is effectively muffled. (Ord. 1495 § 3, 1985).
10.40.040 Violation – Penalty.
Any person who violates any of the provisions of this chapter or who allows or permits any motor vehicle owned and/or operated by said person to be operated in violation of any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine and/or jail term as set forth in EMC 9.00.030. (Ord. 1495 § 4, 1985).
Chapter 10.44
SKATEBOARDS AND SCOOTERSSections:
10.44.010 Operation prohibited on certain sidewalks.
10.44.020 Operation prohibited on certain streets.
10.44.030 Exception.
10.44.040 Violation – Penalty.
10.44.010 Operation prohibited on certain sidewalks.
No person shall operate or ride on any skateboard, roller skates, coaster, scooter, bicycle or similar device on the sidewalks adjacent to Cole Street and the sidewalks adjacent to Griffin Avenue between Porter Street and Highway 410. (Ord. 1583 § 1, 1988).
10.44.020 Operation prohibited on certain streets.
No person shall operate or ride on any skateboard, roller skates, coaster, scooter or similar device on Cole Street and Griffin Avenue between Porter Street and Highway 410. (Ord. 1583 § 2, 1988).
10.44.030 Exception.
This chapter shall not apply to wheelchairs being operated by a physically or mentally handicapped person, nor shall this chapter apply to police officers of the Enumclaw police department who are members of the bike patrol unit. (Ord. 1738 § 1, 1992; Ord. 1583 § 4, 1988).
10.44.040 Violation – Penalty.
Any person violating the provisions of this chapter shall be subject to the impound of the device ridden for a period of 10 days. If there is a dispute as to the occurrence or the enforcement of this chapter, then the device ridden will be released to the parent or parents or legal guardian of the offender, or to the offender and the matter shall be noted for hearing before the Enumclaw municipal court. If the court finds that there has been a violation of the provisions of this chapter, then the device ridden shall be impounded for a period of 10 days. (Ord. 1583 § 3, 1988).
Chapter 10.46
BICYCLE HELMETSSections:
10.46.010 Required.
10.46.020 Minors – Guardian’s responsibility.
10.46.030 Passengers.
10.46.040 Sales of helmets.
10.46.050 Rented bicycles.
10.46.060 Violation – Infraction.
10.46.070 Enforcement.
10.46.080 Violation – Penalty.
10.46.090 Penalty – Payment.
10.46.100 Penalty – Waiver, reduction or suspension.
10.46.110 Infraction – Dismissal following helmet purchase.
10.46.010 Required.
Any person operating or riding on a bicycle or cycle not powered by a motor on a public highway, bicycle path, or on any right-of-way or publicly owned facilities under the jurisdiction of the city of Enumclaw shall wear a protective helmet designed for bicycle safety. Such helmet shall meet or exceed the requirements of Standard Z-90 as set by the American National Standards Institute (ANSI) or the Snell Foundation, or such subsequently nationally recognized standard for bicycle helmet performance as King County may adopt. The helmet must be equipped with either a neck or chin strap that shall fasten securely while the bicycle or cycle is in motion. (Ord. 1801 § 1, 1993).
10.46.020 Minors – Guardian’s responsibility.
The guardian of a person under the age of 18 years shall not knowingly allow, or fail to take reasonable steps, to prevent that person from operating or riding on a bicycle or other cycle not powered by a motor on a public highway, bicycle path or any right-of-way or publicly owned facilities under the jurisdiction of the city of Enumclaw, unless that person is wearing a helmet that meets the requirements as set forth in EMC 10.46.010. (Ord. 1801 § 2, 1993).
10.46.030 Passengers.
No person shall transport another person on a bicycle or any other cycle not powered by a motor on a public roadway, bicycle path, or any right-of-way or publicly owned facilities under the jurisdiction of the city of Enumclaw, unless the other person is wearing a helmet that meets the requirements of EMC 10.46.010. (Ord. 1801 § 3, 1993).
10.46.040 Sales of helmets.
No person shall sell or offer for sale a bicycle helmet that does not meet the requirements of EMC 10.46.010. (Ord. 1801 § 4, 1993).
10.46.050 Rented bicycles.
No person shall rent a bicycle or cycle not powered by a motor for use by another person unless the other person possesses a helmet that meets the requirements of EMC 10.46.010. (Ord. 1801 § 5, 1993).
10.46.060 Violation – Infraction.
A violation of this regulation is designated a civil infraction which provisions of Chapter 7.80 RCW shall apply, except as set forth hereafter. (Ord. 1801 § 6, 1993).
10.46.070 Enforcement.
Any duly commissioned law enforcement officer having law enforcement authority at the place where a violation of this regulation occurs is authorized to enforce the provisions of this regulation. (Ord. 1801 § 7, 1993).
10.46.080 Violation – Penalty.
Any person found to have committed a violation of this regulation shall be assessed a monetary penalty of $30.00 for each violation, not including applicable court costs. (Ord. 1801 § 8, 1993).
10.46.090 Penalty – Payment.
Whenever a monetary penalty is imposed by a court under this regulation, it is immediately payable. If the person is unable to pay at the time the penalty is imposed, the court may grant extension for a period in which the penalty may be paid. (Ord. 1801 § 9, 1993).
10.46.100 Penalty – Waiver, reduction or suspension.
The court may waive, reduce or suspend the monetary penalty described herein, and may impose such conditions on any waiver, reduction or suspension as it deems just. If the court determines the person has insufficient funds to pay the monetary penalty, the court may order performance of a number of hours community service in lieu of the monetary penalty, at a rate of the then-current statement of wage per hour. (Ord. 1801 § 10, 1993).
10.46.110 Infraction – Dismissal following helmet purchase.
The first time a person has been issued a notice of infraction for violation of this regulation, if such person appears in person before the court and supplies the court with proof that between the date of notice of infraction and the appearance date in court the person has purchased a helmet that meets the requirements of this regulation, the court shall dismiss the notice of infraction without costs. (Ord. 1801 § 11, 1993).
Chapter 10.48
COMMUTE TRIP REDUCTION2Sections:
10.48.010 Definitions.
10.48.020 Commute trip reduction goals.
10.48.030 Designation of CTR zone and base year values.
10.48.040 CTR plan – Adoption and amendment.
10.48.050 CTR plan – Implementation authority.
10.48.060 Applicability.
10.48.070 Notification of applicability.
10.48.080 New affected employers.
10.48.090 Change in status as an affected employer.
10.48.100 Requirements for employers.
10.48.110 Record keeping.
10.48.120 Schedule and process for CTR reports.
10.48.130 CTR program – Review by city.
10.48.140 Worksite exemptions.
10.48.150 Employee exemptions.
10.48.160 Goal modification requests.
10.48.170 Credits for transportation demand management.
10.48.180 Credit – Alternative work schedules, telecommuting, bicycling and walking.
10.48.190 Employer peer review groups.
10.48.200 Appeals of administrative decisions.
10.48.210 Enforcement.
10.48.220 Appeals of penalties.
10.48.010 Definitions.
For the purpose of this chapter, the following definitions shall apply in the interpretation and enforcement of this chapter:
“Affected employee” means a full-time employee who is scheduled to begin his or her regular workday at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays per week for at least 12 continuous months. For the purposes of this chapter, shareholders, principals and associates in a corporation, partners (general or limited) in a partnership and participants in a joint venture are to be considered employees.
“Affected employer” means a public or private employer that, for 12 continuous months, employs 100 or more full-time employees at a single worksite who are scheduled to begin their regular workday between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays. The individual employees
may vary during the year. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition.
“Alternative mode” means any type of commute transportation other than that in which the single-occupant motor vehicle is the dominant mode, including telecommuting and compressed workweeks if they result in reducing commute trips.
“Alternative work schedules” means programs such as compressed workweeks that eliminate work trips for affected employees.
“Base year” means the period on which goals for vehicle miles traveled (VMT) per employee and proportion of single-occupant vehicle (SOV) trips shall be based.
“Carpool” means a motor vehicle occupied by two to six people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip.
“Chief executive officer (CEO)” means the highest ranking official at an employer worksite, who may or may not be the company CEO.
“City” means the city of Enumclaw.
“Commuter matching service” or “ride matching” means a system that assists in matching commuters for the purpose of commuting together.
“Commute trips” mean trips made from a worker’s home to a worksite with a regularly scheduled arrival time of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.
“Compressed workweek” means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one workday every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and biweekly arrangements, the most typical being four 10-hour days or 80 hours in nine days, but may also include other arrangements. Compressed workweeks are understood to be an ongoing arrangement.
“CTR” means the Commute Trip Reduction Act, 1991 Legislature (Chapter 202, Section 10 to 19) and incorporated into the Washington Clean Air Act as RCW 70.94.521 through 70.94.551.
“CTR plan” means the city of Enumclaw’s plan to regulate and administer the CTR programs of affected employers within its jurisdiction.
“CTR program” means an employer’s strategies to reduce affected employees’ SOV use and VMT per employee.
“CTR zone” means an area, such as a census tract or combination of census tracts, within Enumclaw characterized by similar employment density, population density, level of transit service, parking availability, access to high-occupancy vehicle facilities, and other factors that are determined to affect the level of SOV commuting.
“Dominant mode” means the mode of travel used for the greatest distance of a commute trip.
“Employee” means anyone who receives financial or other remuneration in exchange for work provided to an employer, including owners or partners of the employer.
“Employer” means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, whether public, nonprofit or private, that employs workers.
“Flex-time” is an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative modes.
“Full-time employee” means a person, other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks per year for an average of at least 35 hours per week.
“Good faith effort” means an employer’s act of meeting the minimum requirements identified in RCW 70.94.531 and this chapter and working collaboratively with the local jurisdiction to continue their existing program or to develop and implement program modifications likely to result in improvements to the program over an agreed upon length of time.
“Implementation” means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.551 and this chapter as evidenced by appointment of a transportation coordinator, distribution of information to employees regarding alternatives to SOV commuting, and commencement of other measures according to their CTR program and schedule.
“Mode” means the type of transportation used by employees, such as a single-occupant motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle and walking.
“Peak period” means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
“Peak period trip” means any employee trip that delivers the employee to begin his or her regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
“Proportion of single-occupant vehicle trips” or “SOV rate” means the number of commute trips over a set period made by affected employees in SOVs divided by the number of affected employees working during that period.
“Single-occupant vehicle (SOV)” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.
“Single-occupant vehicle (SOV) trips” means trips made by affected employees in SOVs.
“Single worksite” means a building or group of buildings on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way occupied by one or more affected employers.
“Telecommuting” means the use of telephones, computers or other similar technology to permit an employee to work from home, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least one-half.
“Transportation management association (TMA)” means a group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits, or may have a sphere of influence that extends beyond city limits.
“Vehicle miles traveled (VMT) per employee” means the sum of the individual vehicle commute trip lengths in miles made by affected employees over a set period divided by the number of affected employees during that period.
“Waiver” means an exemption from CTR program requirements granted to an employer by the city based on unique conditions that apply to the employer or employment site.
“Week” means a seven-day calendar period, starting on Monday and continuing through Sunday.
“Weekday” means any day of the week except Saturday or Sunday. (Ord. 1963 § 1, 1998).
10.48.020 Commute trip reduction goals.
The commute trip reduction goals for employers affected by this chapter are to achieve the following reductions in vehicle miles traveled per employee as well as in the proportion of single-occupant vehicles from the base year value of Enumclaw’s CTR zone:
A. Fifteen percent by January 1, 1995 or two years after the date of initial program implementation;
B. Twenty percent by January 1, 1997 or four years after the date of initial program implementation;
C. Twenty-five percent by January 1, 1999 or six years after the date of initial program implementation;
D. Thirty-five percent by January 1, 2005 or 12 years after the date of initial program implementation. (Ord. 1963 § 1, 1998).
10.48.030 Designation of CTR zone and base year values.
A. Employers in the city fall within the rural King County CTR zone. The boundaries of this zone are shown on the map in Attachment B, attached to the ordinance codified in this chapter and on file with city clerk.
B. Affected employers may choose to do a baseline survey to determine site specific baseline values as opposed to using the values as established by the designated CTR zone. Affected employers wishing to use site specific baseline values shall complete a baseline survey within one year of notification. Employers which become subject to the provisions of this chapter after January 1, 1998, are required to complete a baseline survey within one year of obtaining affected employer status.
C. The base year value of this zone for proportion of SOV trips shall be 90 percent. The base year value for vehicle miles traveled (VMT) per employee shall be set at 9.0 miles. Commute trip reduction goals for major employers shall be calculated from these values. Therefore, affected employers in the city shall establish programs designed to result in SOV rates of not more than 77 percent after two years, 72 percent after four years, 68 percent after six years, and 59 percent after 12 years and VMT per employee of not more than 7.7 miles after two years, 7.2 miles after four years, 6.8 miles after six years, and 5.9 miles after 12 years. (Ord. 1963 § 1, 1998).
10.48.040 CTR plan – Adoption and amendment.
The 1993 City of Enumclaw CTR program shall be adopted by the city council by resolution and may be amended by further action of the city council. (Ord. 1963 § 1, 1998).
10.48.050 CTR plan – Implementation authority.
The public works administration shall be responsible for implementing this chapter, the CTR plan, and the city’s CTR program for its own employees. The public works director or designee shall have the authority to issue such rules and administrative procedures as are necessary to implement this chapter. (Ord. 1963 § 1, 1998).
10.48.060 Applicability.
The provisions of this chapter shall apply to any affected employer at any single worksite within the corporate limits of the city of Enumclaw. Employees will only be counted at their primary worksite. The following classifications of employees are excluded from the counts of employees: (1) seasonal agricultural employees, including seasonal employees of processors of agricultural products; and (2) employees of construction worksites when the expected duration of the construction is less than two years. (Ord. 1963 § 1, 1998).
10.48.070 Notification of applicability.
A. In addition to Enumclaw’s established public notification for adoption of an ordinance, a notice of availability of a summary of the ordinance codified in this chapter, a notice of the requirements and criteria for affected employers to comply with the said ordinance and this chapter, and subsequent revisions shall be published at least once in a newspaper of general circulation published in Enumclaw within 30 days after passage of said ordinance or revisions.
B. Affected employers located in Enumclaw are to receive formal written notification by certified mail that they are subject to said ordinance and this chapter. Such notice shall be addressed to the company’s chief executive officer, senior officer or CTR manager at the worksite. Such notification shall be at least 180 days prior to the due date for submittal of their CTR program.
C. Affected employers that, for whatever reason, do not receive notice within 30 days of passage of the ordinance and are either notified or identify themselves to the city within 180 days of the passage of the ordinance will be granted an extension up to 180 days within which to develop and submit a CTR program.
D. Affected employers that have not been identified or do not identify themselves within 180 days of the passage of the ordinance and do not submit a CTR program within 180 days from the passage of the ordinance are in violation of this chapter.
E. Any existing employer of 75 or more persons who obtain a business license in the city, subsequent to the passage of the ordinance codified in this chapter, will be required to complete an employer assessment form to determine whether or not an employer will be deemed affected or non-affected in accordance with the provisions of said ordinance. (Ord. 1963 § 1, 1998).
10.48.080 New affected employers.
A. Employers that meet the definition of “affected employer” in this chapter must identify themselves to the city within 180 days of either moving into the boundaries of Enumclaw or growing in employment at a worksite to 100 or more affected employees. Once they identify themselves, such employers shall be granted 180 days to develop and submit a CTR program.
B. Newly affected employers shall have two years to meet the first CTR goal of a 15 percent reduction in proportion of single-occupant vehicle (SOV) trips or vehicle miles traveled (VMT) per person from the base year values identified in EMC 10.48.030; four years to meet the second goal of a 20 percent reduction; six years to meet the third goal of a 25 percent reduction; and 12 years to meet the fourth goal of a 35 percent reduction from the time they begin their program. (Ord. 1963 § 1, 1998).
10.48.090 Change in status as an affected employer.
Any of the following changes in an employer’s status will change the employer’s CTR program requirements:
A. If an affected employer can document that it faces an extraordinary circumstance that will change its status as an affected employer, it can apply for an exemption (see EMC 10.48.170).
B. If an employer initially designated as an affected employer no longer employs 100 or more affected employees and has not employed 100 or more affected employees for the past 12 months, that employer is no longer an affected employer. It is the responsibility of the employer to provide documentation to the city that it is no longer an affected employer.
C. If the same employer returns to the level of 100 or more affected employees within the same 12 months, that employer will be considered an affected employer for the entire 12 months and will be subject to the same program requirements as other affected employers.
D. If the same employer returns to the level of 100 or more affected employees 12 or more months after its change in status to an unaffected employer, that employer shall be treated as a new affected employer, and will be subject to the same program requirements as other new affected employers. (Ord. 1963 § 1, 1998).
10.48.100 Requirements for employers.
An affected employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter, develop and implement a CTR program that will encourage its employees to reduce VMT per employee and SOV commute trips. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees’ commuting needs. The CTR program must include the mandatory elements described in this section, including submittal of a CTR program description and annual progress report. Transportation management associations may submit CTR program descriptions and annual reports on behalf of employers; however, each employer shall remain accountable for the success of its program.
A. Description of Employer’s CTR Program. Each affected employer is required to submit a description of its CTR program to the city on the official form available from the public works administrative office. At a minimum, the employer’s description must include:
1. General description of each employment site location within the city limits, including transportation characteristics, surrounding services, and unique conditions experienced by the employer or its employees;
2. Number of employees affected by the CTR program;
3. Documentation of compliance with the mandatory CTR program elements (as described in subsection B of this section);
4. Description of the additional elements included in the CTR program; and
5. Schedule of implementation, assignment of responsibilities, and commitment to provide appropriate resources to carry out the CTR program.
B. Mandatory Program Elements. Each employer’s CTR program shall include the following mandatory elements:
1. Transportation Coordinator. The employer shall designate a transportation coordinator to administer the CTR program. The coordinator’s and/or designee’s name, location, and telephone number must be displayed prominently at each affected worksite. The coordinator shall oversee all elements of the employer’s CTR program and act as liaison between the employer and the city. An affected employer with multiple sites may have one transportation coordinator for all sites.
2. Information Distribution. Information about alternatives to SOV commuting shall be provided to employees at least once a year. This shall consist of, at a minimum, a summary of the employer’s program, including ETC name and phone number. Employers must also provide a summary of their program to all new employees at the time of hire. Each employer’s program description and annual report must describe what information is to be distributed by the employer and the method of distribution.
3. Annual Progress Report. The CTR program must include an annual review of employee commuting and of progress and good faith effort toward meeting the SOV reduction goals. Affected employers shall file an annual progress report with the city in accordance with the format established by this chapter and consistent with the CTR task force guidelines. The report shall describe each of the CTR measures that were in effect for the previous year, the result of any commuter surveys undertaken during the year, and the number of employees participating in the CTR program. Within the report, the employer should evaluate the effectiveness of the CTR program and, if necessary, propose modifications to achieve the CTR goals. Survey information or approved alternative information must be provided in the reports submitted in the second, sixth, eight, and twelfth years after implementation begins. The employer should contact the public works director or designee for the format to report.
4. Additional Program Elements. In addition to the specific program elements described above, the employer’s CTR program shall include a set of measures designed to meet CTR goals, as described in the city’s administrative procedures. Elements may include, but are not limited to, the following:
a. Provisions of preferential parking or reduced parking charges, or both, for high-occupancy vehicles;
b. Instituting or increasing parking charges for SOVs;
c. Provisions of commuter ride matching services to facilitate employee ride-sharing for commute trips;
d. Provision of subsides for transit fares;
e. Provision of vans for vanpools;
f. Provisions of subsidies for carpools or vanpools;
g. Permitting flexible work schedules to facilitate employees’ use of transit, carpool, and vanpool users;
h. Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work; and
i. Establishment of a program of alternative work schedules, such as a compressed work week which reduces commuting. (Ord. 1963 § 1, 1998).
10.48.110 Record keeping.
Affected employers shall maintain all records required by the public works director or designee for the duration of this chapter. (Ord. 1963 § 1, 1998).
10.48.120 Schedule and process for CTR reports.
A. CTR Program. Not more than 180 days after the adoption of the ordinance codified in this chapter, or within six months after an employer becomes subject to the provisions of this chapter, the employer shall develop a CTR program and shall submit to the city a description of that program for review.
B. Document Review. The city shall provide the employer with written notification when a CTR program is deemed unacceptable. The notification must give cause for any rejection. If the employer receives no written notification of extension of the review period of its CTR program or comment on the report is deemed acceptable. The city may extend the review period up to 90 days. The implementation date for the employer’s CTR program will be extended an equivalent number of days.
C. Modification of CTR Program Elements. Any affected employer may submit a request to the city for modification of CTR program elements, other than the mandatory elements specified in this chapter, including record keeping requirements. Such request may be granted if one of the following conditions exist:
1. The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer; or
2. The employer can demonstrate that compliance with the program elements would constitute an undue hardship. This may include evidence from employee surveys administered at the worksite: first, in their base year, showing that the employer’s own base year values of VMT per employee and SOV rates were higher than the CTR zone average; and/or secondly, in the goal measurement year(s), showing that the employer has achieved reductions from its own base year values that are comparable to the reduction goals for the employer’s CTR zone.
D. Extensions. An employer may request additional time to submit a CTR program or CTR annual progress report, or to implement or modify a program. Such requests shall be made in writing before the due date for which the extension is being requested. Requests for extensions must be made prior to the due date any time a program submission is going to be more than one week late. Extensions not to exceed 90 days shall be considered for reasonable causes. Employers will be limited to a total of 90 allowed extension days per year. Extensions shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer’s annual reporting date shall not be adjusted permanently as a result of these extensions. An employer’s annual reporting date may be extended at the discretion of the public works director or designee.
E. Implementation of Employer’s CTR Program. The employer shall implement the approved CTR program not more than 180 days after the program was first submitted to the city unless extensions allow for late implementation. Implementation of the approved programs that have been modified based on nonattainment of CTR goals must occur within 30 days following city approval of such modifications. (Ord. 1963 § 1, 1998).
10.48.130 CTR program – Review by city.
The city shall provide the employer with written notification indicating whether a CTR program was approved or deemed unacceptable.
A. Initial program descriptions will be deemed acceptable if:
1. All required information on the program description form is provided; and
2. The program description includes the following information:
a. Name, location and telephone number of the employee transportation coordinator for each worksite,
b. Plan for and documentation of regular distribution of information to employees about the employer’s CTR program at the worksite, including alternatives to driving alone to work,
c. Plan for and implementation of at least one additional measure designed to achieve the applicable goal.
B. Annual reports will be deemed acceptable if the annual report form is complete and contains information about implementation of the prior year’s program elements and proposed new program elements and implementation schedule. Annual reports must also contain a review of employee commuting and report of progress toward meeting SOV and/or VMT goals.
C. Beginning in 1995 or the base year date at which an employer becomes affected, the programs described in the annual reports will be deemed acceptable if the affected employer makes a good faith effort, as deemed in RCW 70.94.524 (2) and this chapter, or either the SOV trip or the VMT per employee goals have been met. If neither goal has been met, the employer must propose modifications designed to make progress toward the applicable goal in the coming year. If the revised program is not approved, the city shall propose modifications to the program and direct the employer to revise its program within 30 days to incorporate those modifications or modifications which the jurisdiction determines to be equivalent. (Ord. 1963 § 1, 1998).
10.48.140 Worksite exemptions.
An affected employer may request the city exempt them from CTR program requirements for a particular worksite. An exemption may be granted if and only if the affected employer demonstrates that it faces an extraordinary circumstance as a result of the characteristics of its business, its work force, or its location(s) and is unable to implement measures that could reduce the proportion of SOV trips and VMT per employee. Requests for waivers applying to the initial program submittal are due within three months after the employer has been notified that it is subject to this chapter and thereafter requests can be made at any time. Requests must be made in writing by certified mail or delivery, return receipt. The city shall review annually all employers receiving exemptions, and shall determine whether the exemption will continue to be in effect during the following program year. (Ord. 1963 § 1, 1998).
10.48.150 Employee exemptions.
Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite’s CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The city will use the criteria identified in the CTR task force guidelines to assess the validity of employee exemption requests. The city shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year. (Ord. 1963 § 1, 1998).
10.48.160 Goal modification requests.
A. Any affected employer may request a modification of CTR program goals. Such request shall be filed in writing at least 60 days prior to the date the worksite is required to submit its program description or annual report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of the required elements contained in its approved CTR program.
B. The city will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR task force guidelines.
C. An employer may not request a modification of the applicable goals until one year after the city approval of its initial program description or annual report. (Ord. 1963 § 1, 1998).
10.48.170 Credits for transportation demand management.
A. Leadership Certification. As public recognition for their efforts, employers with VMT per employee and proportion of SOV trips lower than the zone average will receive a commute trip reduction certification of leadership from the city.
B. Credit for Programs Implemented Prior to the Base Year. Employers with a successful TDM program implemented prior to the base year may be eligible to apply for program exemption credit, which exempts them from most program requirements. Affected employers wishing to receive credit for the results of existing TDM efforts may do so by applying to the city within 90 days of the adoption of the ordinance codified in this chapter. Application shall include data from a survey of employees or equivalent to establish the applicant’s VMT per employee and proportion of SOV trips. The survey or equivalent data shall conform to all applicable standards established in the CTR task force guidelines. The employer shall be considered to have met the first measurement goals if their VMT per employee and proportion of SOV trips are equivalent to a 12 percent or greater reduction from the final base year CTR zone values. This three percentage point credit applies only to the first measurement goals.
C. Program Exemption Credit. Affected employers may apply for program exemption credits for the result of past or current TDM efforts by applying to the city within 90 days of adoption of the applicable CTR ordinance, or as part of any annual report. Application shall include results from a survey of employees, or equivalent information that establishes the applicant’s VMT per employee and proportion SOV trips. The survey or equivalent information shall conform to all applicable standards established in the CTR task force guidelines.
Employers that apply for credit and whose VMT per employee and proportion of SOV trips are equal to or less than goals for one or more future goal years, and commit in writing to continue their current level of effort, shall be exempt from the requirements of the ordinance except for the requirements to report performance in the measurement years. If any of these reports indicate the employer does not satisfy the next applicable goal(s), the employer shall immediately become subject to all requirements of the CTR ordinance. (Ord. 1963 § 1, 1998).
10.48.180 Credit – Alternative work schedules, telecommuting, bicycling and walking.
A. The city will count commute trips eliminated through alternative work schedules, telecommuting options, bicycling and walking as 1.2 vehicle trips eliminated. This assumption applies to both the proportion of SOV trips and VMT per employee.
B. This type of credit is applied when calculating the SOV and VMT rates of affected employers. (Ord. 1963 § 1, 1998).
10.48.190 Employer peer review groups.
A. Purpose and Appointment of Members. The city may appoint member(s) from affected employers to regional or subregional employer peer review groups created through interlocal agreement with other jurisdictions. The specific functions of the peer review group shall be determined by the interlocal agreement.
B. Limitations of Peer Review Group. Any peer review group shall be advisory in nature. The city shall not be bound by any comments or recommendations of any peer review group. (Ord. 1963 § 1, 1998).
10.48.200 Appeals of administrative decisions.
A. Employers may file a written appeal of the city’s final decisions regarding the following actions:
1. Rejection of an employer’s proposed program;
2. Denial of an employer’s request for a waiver or modification of any of the requirements under this chapter or a modification of the employer’s program;
3. Denial of credits requested under EMC 10.48.210 and 10.48.220.
B. Such appeals must be filed with the city within 30 days after the employer receives notice of a final decision. Timely appeals shall be heard by the city council. Determinations on appeals shall be based on whether the decision being appealed was consistent with the state law. (Ord. 1963 § 1, 1998).
10.48.210 Enforcement.
A. Compliance. For purposes of this section “compliance” means submitting required reports and documentation at prescribed times and fully implementing in good faith all provisions in an accepted CTR program.
B. Program Modification Criteria. The following criteria for achieving goals for VMT per employee and proportion of SOV trips shall be applied in determining requirements for employer CTR program modifications:
1. If an employer meets either or both goals, the employer has satisfied the objectives of the CTR program.
2. If an employer makes a good faith effort, as deemed in RCW 70.94.534(2) and this chapter, but has not met or is not likely to meet the applicable SOV or VMT goal, the city shall work collaboratively with the employer to make modifications to its CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to the city for approval within 30 days of reaching agreement.
3. If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this chapter, and fails to meet the SOV or VMT reduction goal, the city shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program description, including the requested modifications or equivalent measures, within 30 days of receiving notice to revise its program. The city shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, the city will send written notice to that affected employer within 30 days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the city within 10 working days of the conference.
C. Violations. The following actions shall constitute a violation of this chapter:
1. Failure to develop and/or submit on time a complete CTR program, including:
a. Employers notified or that have identified themselves to the city within 180 days of the ordinance codified in this chapter being adopted and that do not submit a CTR program within 180 days from the notification or self-identification;
b. Employers not identified or self-identified within 180 days of the ordinance codified in this chapter being adopted and that do not submit or implement a CTR program within 180 days from the adoption of the ordinance;
2. Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed VMT and SOV goals as specified in this chapter. Failure to implement a CTR program includes but is not limited to:
a. Failure of any affected employer to submit a complete CTR program within the deadlines specified in EMC 10.48.120 through 10.48.160,
b. Failure to submit required documentation for annual reports,
c. Submission of fraudulent data;
3. Failure to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter; or
4. Failure to modify a CTR program found to be unacceptable by the city under EMC 10.48.150.
D. Penalties.
1. No affected employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable SOV or VMT goals.
2. Each day of failure by an employer to (a) implement a commute trip reduction program or (b) modify an unacceptable commute trip reduction program shall constitute a separate violation, subject to penalties as described in Chapter 7.80 RCW. The penalty for a violation shall be $250.00 per day.
3. An affected employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they:
a. Propose to a recognized union any provision of the employer’s CTR program that is subject to bargaining as defined by the National Labor Relations Act; and
b. Advise the union of the existence of the statute and the mandates of the CTR program approved by the city and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). (Ord. 1963 § 1, 1998).
10.48.220 Appeals of penalties.
Affected employers may appeal penalties pursuant to RCW 7.80.100. (Ord. 1963 § 1, 1998).
Footnotes
1. Prior legislation: 1958 Code §§ 6.38.010, 6.38.020, and 6.38.090 – 6.38.140, and Ord. 1346.