Chapter 10.08
FERNDALE ON-STREET PARKING CODE

Sections:

10.08.010    Applicability.

10.08.020    Definitions.

10.08.030    Authority of Public Works Director.

10.08.040    Time limited parking.

10.08.050    Prohibited parking.

10.08.060    Method of parking.

10.08.070    Storage equipment on public property.

10.08.080    Impoundment of vehicles.

10.08.090    Notice – Placement on illegally parked vehicle.

10.08.100    Notice – Noncompliance – Letter to owner.

10.08.110    Violation – Prosecution of owner.

10.08.120    Violation – Penalty.

10.08.010 Applicability.

This chapter shall be applicable to the entire width of the public right-of-way, as well as any properties maintained as City streets. (Ord. 1790 § 2 (Exh. A), 2013; Ord. 1522, 2009; Ord. 550 § 1 (p.2), 1977. Formerly 10.08.020)

10.08.020 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. 1790 § 2 (Exh. A), 2013; Ord. 1522, 2009; Ord. 550 § 1 (p.3), 1977. Formerly 10.08.030)

10.08.030 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, markings, paint lines and other devices 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 or other markings signifying 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. 1790 § 2 (Exh. A), 2013; Ord. 1522, 2009; Ord. 550 § 1 (p.4), 1977. Formerly 10.08.040)

10.08.040 Time limited parking.

When signs, markings, or other devices are erected giving notice thereof, no person shall park a vehicle within spaces where parking is permitted any longer than the time specified. (Ord. 1790 § 2 (Exh. A), 2013; Ord. 1522, 2009; Ord. 796 §§ 1, 2, 1986; Ord. 643 § 1, 1981; Ord. 604 § 1, 1980; Ord. 550 § 1 (p.5), 1977. Formerly 10.08.050)

10.08.050 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.    a.    On the roadway side of a parked vehicle; or

b.    On the roadway side of the space in which a vehicle may be parked. Both subsections (A)(1)(a) and (b) of this section are pursuant to “double parking,” as defined in Chapter 18.76 FMC, with the following exemption: commercial vehicles making deliveries to businesses may park in this manner for not more than 10 minutes on public rights-of-way other than Main Street; provided, that such parking does not unreasonably block or otherwise interfere with the free movement of vehicular traffic, and is prohibited on all public rights-of-way between the hours of 3:00 p.m. and 6:00 p.m. Monday to Friday;

2.    On a sidewalk or street planting strip within the right-of-way;

3.    Within an intersection;

4.    Within 20 feet of 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.    Stopping or parking a vehicle within 10 feet of a United States mailbox. Exemption: temporary stopping or parking a vehicle for the purpose of, and while engaged in, the delivery or pickup of postal items.

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.

C.    It is unlawful to park any motor vehicle in any alley in that area of the City between Fourth Avenue and the westerly terminal of the Nooksack River Bridge within the City Center and Urban Residential zones as shown on the Official Zoning Map of the City of Ferndale, except for the purpose of loading or unloading such vehicle, at which time the vehicle must be attended by the operator of the same, unless there is at least 10 feet of the width of the alley available for the free movement of vehicular traffic, or when such stops are necessary in obedience to traffic regulations or traffic signs or signals, or in obedience to the direction of an enforcement officer.

D.    It is unlawful to park any vehicle upon any street for the principal purpose of:

1.    Displaying advertising.

2.    Displaying such vehicle for sale, subject to FMC 8.08.050.

3.    Selling merchandise from any vehicle, except when authorized by the City of Ferndale.

E.    It is unlawful for any person to park any motor vehicle or trailer on a public street or parking lot for the purpose of sleeping therein or maintaining the same as a temporary or permanent residence, except as follows:

1.    It shall be a defense to a charge under this subsection that the offense was necessitated by a temporary emergency situation and that no reasonable alternative was available to the defendant under the circumstances. (Ord. 2045 § 1, 2018; Ord. 1790 § 2 (Exh. A), 2013; Ord. 1785 § 1 (Exh. A), 2013; Ord. 1522, 2009; Ord. 1287 § 1, 2002; Ord. 1121 § 1, 1996; Ord. 970 § 1, 1992; Ord. 550 § 1 (p.8), 1977. Formerly 10.08.070)

10.08.060 Method of parking.

A.    Except as otherwise provided in this chapter, 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, 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 park a vehicle in any location upon a street or right-of-way for more than 24 hours.

E.    No person shall park a vehicle longer than permitted by signs or other markings giving notice of a parking time limitation or in violation of any such signs or markings 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. 1790 § 2 (Exh. A), 2013; Ord. 1522, 2009; Ord. 970 § 2, 1992; Ord. 604 § 3, 1980; Ord. 550 § 1 (p.7), 1977. Formerly 10.08.080)

10.08.070 Storage of equipment on public property.

Unless an otherwise shorter period is designated by City code or other regulation, the following shall apply:

A.    Unless permitted by the City, or otherwise permitted in this chapter, no property of any kind may be left on public property for any period of time. (Ord. 1790 § 2 (Exh. A), 2013; Ord. 1522, 2009; Ord. 970 § 3, 1992. Formerly 10.08.085)

10.08.080 Impoundment of vehicles.

Law enforcement officers are authorized to order the impoundment of vehicles parked upon a street in any of the following circumstances:

A.    A vehicle found to be parked in violation of this chapter;

B.    An apparently abandoned or junk vehicle found to be parked for longer than 24 hours in violation of FMC 10.08.060(D);

C.    A vehicle found to be obstructing traffic;

D.    A vehicle that has been stolen or used in the commission of a crime when its retention as evidence is necessary;

E.    A vehicle or other property left on public or municipally owned property in violation of this chapter;

F.    A vehicle found to be driven by any person arrested for violation of any provision of the RCW or the Ferndale Municipal Code;

G.    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;

H.    A vehicle is found to be in violation pursuant to RCW 45.55.113. (Ord. 1790 § 2 (Exh. A), 2013; Ord. 1522, 2009; Ord. 970 § 4, 1992; Ord. 550 § 1 (p.9), 1977. Formerly 10.08.110)

10.08.090 Notice – Placement on illegally parked vehicle.

Whenever any motor vehicle without operator is found in violation of any of the restrictions imposed by this chapter, the officer shall affix to such vehicle a notice in writing, on a form authorized by the City, specifying the violation and the necessary corrective action to be taken. (Ord. 1790 § 2 (Exh. A), 2013; Ord. 1522, 2009; Ord. 550 § 1 (p.13), 1977. Formerly 10.08.120)

10.08.100 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 a letter notifying the registered owner that the violation will be reported to the Department of Licensing and referred for collection if the fine is not satisfied within the specified time period. (Ord. 1790 § 2 (Exh. A), 2013; Ord. 1522, 2009; Ord. 550 § 1 (p.14), 1977. Formerly 10.08.130)

10.08.110 Violation – Prosecution of owner.

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. (Ord. 1790 § 2 (Exh. A), 2013; Ord. 1522, 2009; Ord. 550 § 1 (p.16), 1977. Formerly 10.08.150)

10.08.120 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 as specified in the current fee schedule. (Ord. 1790 § 2 (Exh. A), 2013; Ord. 1522, 2009; Ord. 550 § 1 (p.17), 1977. Formerly 10.08.160)