Chapter 10.08
PARKING AND TURNING MOVEMENTS
Sections:
10.08.010 Short title.
10.08.020 Applicability.
10.08.030 Definitions.
10.08.040 Authority of Public Works Director.
10.08.050 Time limited parking.
10.08.060 Angle parking.
10.08.070 Prohibited parking.
10.08.080 Method of parking.
10.08.085 Storage of vehicles or other property on street.
10.08.090 Prohibited turns within restricted parking areas.
10.08.100 Prohibited turns across opposing traffic lanes.
10.08.110 Impoundment of vehicles.
10.08.120 Notice – Placement on illegally parked vehicle.
10.08.130 Notice – Noncompliance – Letter to owner.
10.08.140 Notice – Refusal to answer.
10.08.150 Violation – Prosecution of owner.
10.08.160 Violation – Penalty.
10.08.010 Short title.
This chapter is designated and may be referred to as the “Ferndale parking code.” (Ord. 550 § 1 (p.1), 1977)
10.08.020 Applicability.
This chapter shall be applicable to the entire width of such property owned by the City and maintained as City streets. (Ord. 550 § 1 (p.2), 1977)
10.08.030 Definitions.
For purposes of this chapter, the following words shall have the following meanings:
A. “Council” means the City Council of the City.
B. “North,” “south,” “east” and “west” mean a direction relative to Main Street and streets generally parallel thereto which, for purposes of this chapter, are designated as streets running east and west.
C. “Park” or “parking” means the stopping of a vehicle, whether occupied or not, for any purpose other than for momentary stops required by official traffic signals, signs or laws governing vehicular traffic movement.
D. “Public Works Director” means the Public Works Director of the City. (Ord. 550 § 1 (p.3), 1977)
10.08.040 Authority of Public Works Director.
A. The Public Works Director is authorized, with the approval of the Council by resolution:
1. To install and maintain parking signs, markings, paint lines and other devices when and as required by parking resolutions or ordinances of the Council to make effective the provisions of such resolutions or ordinances;
2. To determine and erect signs restricting or prohibiting parking in places where desirable, in the public interest, to facilitate parking or traffic flow, or to promote pedestrian or vehicular safety;
3. To determine upon which streets angle parking shall be permitted and sign or mark the same for angle parking;
4. To determine the location of and establish loading zones where practicable, when upon investigation it appears that there are no alley entrances or other similar means of approach to buildings or property and that congested traffic conditions require such zones for the purpose of loading or unloading merchandise or passengers within the block in which the zones may be established, and in each case to fix with appropriate signs the hours during which such zones shall be maintained open for the purpose for which the same are intended; provided, that loading zones shall be designated for such purpose no longer than between the hours of 6:00 a.m. and 3:00 p.m., and no person shall park a commercial truck or vehicle for such purpose within such designated time period for longer than 30 minutes.
B. The Public Works Director shall obtain the approval of the Council, prior to installation of any signs, markings, paint lines or other devices enforcing his determinations authorized in this chapter. The Council’s approval shall be evidenced by a copy of the minutes of such Council action being attached to and incorporated in this chapter by this reference. (Ord. 550 § 1 (p.4), 1977)
10.08.050 Time limited parking.
When signs are erected in each block giving notice thereof, no person shall park a vehicle within spaces where parking is permitted any longer that the time specified in this section at any time between the hours of 9:00 a.m. and 5:00 p.m. of any day except Sunday and legal holidays, upon the portions of the streets described as follows:
A. Thirty-Minute Parking.
1. Golden Eagle Drive, on the east side thereof, between Washington Street and a point 260 feet north thereof;
2. Other locations designated by resolution pursuant to FMC 10.08.040.
B. One-Hour Parking.
1. Locations designated by resolution pursuant to FMC 10.08.040.
C. Two-Hour Parking.
1. Main Street on the north and south side thereof between the westerly terminal of the Nooksack River bridge approach near Front Avenue and Sterling Avenue;
2. Alder Street, on the north side thereof, between Second Avenue and Third Avenue;
3. First Avenue, on the east and west side thereof, between the north terminus thereof and Alder Street, but not including the four spaces located at the north terminus between the east and west side thereof;
4. Second Avenue, the east and west side thereof, between Vista Drive and Alder Street;
5. Third Avenue, on the east side thereof, between a point 100 feet north of Vista Drive and Maple Street;
6. Third Avenue, on the west side thereof, between a point 150 feet north of Vista Drive and Maple Street;
7. Vista Drive, on the north side thereof, between Second Avenue and a point 345 feet west of Third Avenue;
8. Vista Drive, on the south side thereof, between the alley immediately east of Third Avenue and a point 345 feet west of Third Avenue;
9. Other locations designated by resolution pursuant to FMC 10.08.040. (Ord. 796 §§ 1, 2, 1986; Ord. 643 § 1, 1981; Ord. 604 § 1, 1980; Ord. 550 § 1 (p.5), 1977)
10.08.060 Angle parking.
Angle parking is permitted in the following locations on both sides of the street unless specified or marked otherwise:
A. Alder Street, between First Avenue and a point 230 feet west of Third Avenue;
B. First Avenue, between Main Street and Alder Street;
C. Second Avenue, on the west side only, between Main Street and Maple Street;
D. Third Avenue, on the east side only, between Alder Street and Maple Street;
E. Third Avenue, on the east side only, between Vista Drive and a point 100 feet north thereof;
F. Other locations designated by resolution pursuant to FMC 10.08.040. (Ord. 604 § 2, 1980; Ord. 550 § 1 (p.6), 1977)
10.08.070 Prohibited parking.
Except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer, or in compliance with an official City traffic-control device or marking reasonably indicating an exception, no person shall:
A. Park a vehicle, as follows:
1. On the street side of any vehicle parked at the edge or curb of a street, except that a commercial delivery vehicle may be so parked momentarily for not more than eight minutes on a street other than Main Street in a location where a loading zone is not available for the sole purpose of delivery or receipt of merchandise or goods so long as there is no obstruction to traffic or parked vehicles and no danger posed;
2. On a sidewalk or street planting strip;
3. Within an intersection;
4. On a crosswalk;
5. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless official signs or markings indicate a different no-parking area opposite the ends of a safety zone;
6. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;
7. Upon any bridge or any elevated structure upon a street or within a street tunnel;
8. On any railroad tracks;
9. In the area between roadways of a divided highway, including crossovers;
10. Upon any street in such a manner so as to unreasonably block or obstruct vehicles lawfully traveling on such street;
11. On that portion of a street bordered by painted red curb markings;
12. In violation of any sign maintained by the City giving notice of a parking prohibition;
13. Upon a parade route which has been posted 24 hours prior to such parade;
14. Parking restricted to passenger cars only, on the north side of LaBounty Drive, east of 1788 LaBounty Drive to the west property line of 1720 LaBounty Drive.
B. Park a vehicle, except momentarily, for the purpose of picking up or discharging a passenger or passengers, as follows:
1. In front of a public or private driveway or within five feet of the end of the curb radius leading thereto;
2. Within 15 feet of a fire hydrant;
3. Within 20 feet of a crosswalk;
4. Within 30 feet upon the approach to any flashing signal, stop sign, yield sign or traffic-control signal located at the side of a roadway;
5. Within 20 feet of the driveway entrance to any fire station and on the side of the street opposite the entrance to any fire station within 75 feet of the entrance when properly signposted;
6. Within 50 feet of the nearest rail of a railroad crossing;
7. At any time during street sweeping hours when signs or other reasonable method(s) have been utilized to provide prior notice of said prohibition. (Ord. 1287 § 1, 2002; Ord. 1121 § 1, 1996; Ord. 970 § 1, 1992; Ord. 550 § 1 (p.8), 1977)
10.08.080 Method of parking.
A. Except where authorized by ordinance or resolution, no person shall park his vehicle upon a street other than with its right-hand wheels parallel to and within 12 inches of the right-hand curb or edge of the street.
B. At those locations where angle parking is authorized by ordinance or resolution, no person shall park a vehicle other than with its right front wheel touching the curb immediately in front of the vehicle and no person shall angle park a vehicle exceeding 20 feet in overall length.
C. At those locations which have been signed or marked for angle parking or for parallel parking, no person shall park a vehicle in any manner other than that indicated by such signs or markings, nor park any portion of a vehicle outside the confines of such markings.
D. No person shall leave an unauthorized vehicle, apparently abandoned vehicle or a junk vehicle as defined in Chapter 46.55 RCW or Chapter 10.20 FMC in any location upon a City street or right-of-way for more than 24 hours.
E. No person shall park a vehicle longer than permitted by signs, maintained by the City, giving notice of a parking time limitation or in violation of any such signs giving notice of a restriction as to the type of vehicles to be parked in a location.
F. No person shall move a vehicle from one parking space back to the same parking space or to another parking space within the same block on the same street for the purpose of evading the time limitation on parking therein.
G. No person shall erase or obliterate, for the purpose of interfering with checking for overtime parking, a chalk mark or other identifying mark placed on the tire or tires of a parked vehicle by a police officer or other authorized person. (Ord. 970 § 2, 1992; Ord. 604 § 3, 1980; Ord. 550 § 1 (p.7), 1977)
10.08.085 Storage of vehicles or other property on street.
No person shall leave or store for more than 24 hours upon a City street or right-of-way any truck or van licensed for more than 15,000 pounds of gross vehicle weight, any boat, any trailer or any recreational vehicle; any car, pickup or other vehicle which is not currently licensed; or any object other than a currently licensed car, pickup or truck or van licensed for 15,000 pounds or less of gross vehicle weight. (Ord. 970 § 3, 1992)
10.08.090 Prohibited turns within restricted parking areas.
No person shall make a continuous U-turn or a reverse U-turn involving a backing movement in order to proceed in the opposite direction upon the same street at any point within the restricted parking areas designated by FMC 10.08.050 and 10.08.060, or by resolutions passed pursuant thereto, except at intersections; provided, that such U-turns or reverse turns are also prohibited at the following intersections:
A. Main Street and First Avenue;
B. Main Street and Second Avenue;
C. Main Street and Third Avenue;
D. Vista Drive and Second Avenue;
E. Vista Drive and Third Avenue;
F. Vista Drive and Washington Street. (Ord. 604 § 4, 1980; Ord. 550 § 1 (p.11), 1977)
10.08.100 Prohibited turns across opposing traffic lanes.
No person shall turn a vehicle across an opposing traffic lane for the purpose of parallel or angle parking within restricted parking areas designated by FMC 10.08.050 or 10.08.060, or by resolutions passed pursuant thereto. (Ord. 550 § 1 (p.12), 1977)
10.08.110 Impoundment of vehicles.
Police officers of the Police Department are authorized to order the impoundment of vehicles parked upon a City street in any of the following circumstances:
A. An apparently abandoned or junk vehicle found to be parked for longer than 24 hours in violation of FMC 10.08.080(D), so long as residents of at least two homes or owners of at least two businesses within 300 feet of said vehicle file a written complaint with the City and the requirements of Chapter 46.55 RCW are complied with where applicable;
B. An unauthorized vehicle found to be parked in violation of FMC 10.08.080(D), Chapter 46.55 RCW or Chapter 10.20 FMC;
C. A vehicle found to be obstructing traffic in violation of FMC 10.08.070(A)(1) or (A)(10);
D. A vehicle found to be unattended and illegally parked in a restricted zone where signing gives notice that impound is a possible consequence of violation;
E. A vehicle that has been stolen or used in the commission of a crime when its retention as evidence is necessary;
F. A vehicle or other object found to be stored on public property contrary to FMC 10.08.085;
G. A vehicle found to be so mechanically defective as to be a menace to others using the street;
H. A vehicle found to be driven by any person arrested for driving under the influence of intoxicating liquor, driving without a valid driver’s license or with a suspended driver’s license, leaving the scene of an accident or reckless driving;
I. A vehicle found on a City street under circumstances reasonably indicating to a police officer that it presents a hazard to motorists or a potential for loss to the owner by way of theft or vandalism if not removed;
J. A police officer may, but need not, respect a request from the owner or driver that some other person, either present or absent, be allowed to remove the vehicle;
K. A private firm providing removal service is entitled to be paid reasonable charges incurred in the removal and storage of a vehicle removed upon request of a police officer under this section. Such firm shall post authorized charges prominently at its place of business. All costs incurred in the removal and storage of a vehicle under this section are a proper charge against the vehicle’s owner and shall be a lien upon the vehicle until paid. No firm shall be required to surrender or deliver any vehicle which it has removed as authorized in this chapter, until the lien for such removal and storage has been satisfied. (Ord. 970 § 4, 1992; Ord. 550 § 1 (p.9), 1977)
10.08.120 Notice – Placement on illegally parked vehicle.
Whenever any motor vehicle without operator is found parked or is stopped in violation of any of the restrictions imposed by this chapter, the officer finding such vehicle shall take its license number and may take any other information displayed on the vehicle which may identify its user or registered owner, and shall conspicuously affix to such vehicle a notice in writing, on a form provided by the City, for the operator to answer to the charge against him within the time at the place specified in the notice. (Ord. 550 § 1 (p.13), 1977)
10.08.130 Notice – Noncompliance – Letter to owner.
If the operator or owner of a vehicle upon which notice of violation has been affixed does not appear in response thereto, within the designated time period, the Municipal Court Clerk is authorized to send to the registered owner of the motor vehicle to which the notice was affixed a letter informing him of the violation and warning him that in the event such letter is disregarded for a period of 25 days, a warrant of arrest will be issued. (Ord. 550 § 1 (p.14), 1977)
10.08.140 Notice – Refusal to answer.
No person shall wilfully neglect or refuse to answer the charges set forth in a notice affixed to an illegally parked vehicle nor shall a registered owner wilfully neglect or refuse to answer the letter sent pursuant to FMC 10.08.130. (Ord. 550 § 1 (p.15), 1977)
10.08.150 Violation – Prosecution of owner.
A. In any prosecution charging a violation of any law or regulation governing the parking of a vehicle, proof that the defendant named in the complaint was at the time of the alleged violation the registered owner of record of such vehicle shall constitute prima facie evidence that such registered owner was the person who parked or stood or left unattended such vehicle at the point where, and for the time during which, such violation occurred.
B. The foregoing stated presumption shall apply only when the procedure as prescribed in FMC 10.08.120 and 10.08.130 has been followed. (Ord. 550 § 1 (p.16), 1977)
10.08.160 Violation – Penalty.
Every person found guilty of doing an act prohibited by this chapter or of failure to perform an act required by this chapter shall be punished by a fine of not more than $100.00. Each 60-minute interval of parking in excess of the time allowed by this chapter shall be considered a new and separate violation. (Ord. 550 § 1 (p.17), 1977)