Chapter 10.10 RESTRICTED PARKING ZONES

Chapter 10.10
RESTRICTED PARKING ZONES

Sections:

10.10.010 PURPOSE.

10.10.020 DEFINITIONS.

10.10.030 RESTRICTED PARKING ZONES.

10.10.040 PARKING ADMINISTRATION.

10.10.050 RESTRICTED PARKING ZONE DESIGNATION - PROCESS.

10.10.060 RESTRICTED PARKING ZONE PETITIONS IN NON-HISTORICALLY IMPACTED AREAS.

10.10.070 RESTRICTED PARKING ZONE PETITIONS IN HISTORICALLY IMPACTED AREAS.

10.10.080 ELIGIBILITY CRITERIA FOR PERMIT.

10.10.090 PERMIT - ISSUANCE - DISPLAY.

10.10.100 PERMIT - RENEWAL - DURATION.

10.10.110 PERMIT - VISITOR.

10.10.120 PERMIT - LANDLORD.

10.10.130 SERVICE VEHICLES.

10.10.140 PARKING FOR DISABLED PERSONS.

10.10.150 DRIVEWAYS - DECOMMISSIONING AND RECOMMISSIONING.

10.10.010 PURPOSE.

This chapter is intended to mitigate the impact of commuter parking in impacted areas, to preserve the character of residential districts, to improve handicapped access and reduce traffic. Residential parking permits are established as an exemption to posted restrictions in restricted parking zones where neighborhoods have been impacted by commuter parking and are meant to ease parking congestion. (Ord. 4865 §3 (in part), 2003)

10.10.020 DEFINITIONS.

For the purpose of this chapter, the words and phrases set forth in this section are defined as follows:

(a) "Block" means the area comprised of properties along each side of a street between two (2) intersections. [See Appendix Figure 020.]

(b) "Commuter vehicle" means a motor vehicle parked in a residential area by a person not a resident thereof.

(d) "Director" means the Director of Public Works and Utilities, or designee.

(e) “Downtown core” means that area in downtown Bremerton from and including Park Avenue east to the waterfront and from and including 6th Street south to the waterfront and the Puget Sound Naval Shipyard.

(f) "Downtown no repark zone" means the downtown core where on-street parking is restricted to one (1), two (2), or three (3) hours as posted.

(g) "Historically impacted areas" are those areas within the City that have been identified by the City Council as having traditionally suffered severe parking shortages due to commuter parking.

(h) "One (1) hour parking zone" means a prescribed area where on-street parking is limited to one (1) hour, except for the residents of the prescribed vicinity, their visitors holding a permit, and clearly marked delivery and service vehicles.

(i) "Parking generator" means anything that significantly increases commuter parking demand. Examples include, but are not limited to: ferry terminals, schools, hospitals, business districts, and the Puget Sound Naval Shipyard.

(j) "Passenger load only zone" means a parking space reserved for passenger loading only. These spaces will be marked with the time restriction applicable to them.

(k) "Peak parking hours" means those hours in a day where a particular vicinity experiences the greatest demand for parking.

(l) "Resident," as used in this chapter, refers to an individual living in a dwelling unit or a business owner operating a business on property owned or leased by the business owner.

(m) "Resident vehicle" means a motor vehicle parked in a prescribed residential area by a resident of the area.

(n) "Residential area" means a contiguous area containing public streets and highways or parts thereof primarily abutted by residential property or residential and nonbusiness property.

(o) "Permit only zone" means a prescribed area where on-street parking is reserved for the exclusive use of the permit holders in the prescribed vicinity, their visitors holding a permit, and clearly marked delivery and service vehicles.

(p) "Restricted parking permit" means a permit issued by the City that exempts the permit holder, when displayed properly, from the parking restrictions in effect in the permit holder’s restricted parking permit area.

(q) "Restricted parking permit area" or "residential parking permit area" means an area designated as provided in this chapter wherein resident vehicles displaying a valid permit as described in this chapter shall be exempt from posted parking restrictions.

(r) "Restricted parking zone" means an area of the City subject to one of the restrictions contained in this chapter.

(s) "Three (3) hour parking zone" means a prescribed area within the downtown core where on-street parking is limited to three (3) hours.

(t) "Two (2) hour parking zone" means a prescribed area where on-street parking is limited to two (2) hours, except for the residents of the prescribed vicinity, their visitors holding a permit, and clearly marked delivery and service vehicles.

(u) "Visitor vehicle" means a motor vehicle parked by a person who is visiting a resident within a restricted parking permit area. (Ord. 5122 §1, 2010: Ord. 4865 §3 (in part), 2003)

10.10.030 RESTRICTED PARKING ZONES.

The Director shall, in a manner consistent with this chapter, establish, locate and post one (1) hour parking zones, two (2) hour parking zones, three (3) hour parking zones and other restricted parking zones and parking restrictions within the City rights-of-way where required to regulate parking. (Ord. 5122 §2, 2010: Ord. 4865 §3 (in part), 2003)

10.10.040 PARKING ADMINISTRATION.

Collection of parking fees, maintenance of parking meters or other collection devices, and the issuance of parking permits shall be administered by the Department of Administrative Services, which shall promulgate procedures to administer permits as authorized in this chapter, including processes for establishing proof of residency; vehicle ownership, use or control; and for the revocation of permits for misuse. Appropriate parking fee schedules and permit fees shall be set by the City Council and are set forth in Chapter 3.01 BMC. Fees may be collected by the use of parking meters, pay boxes or other devices and through the issuance of parking permits authorized by this title. (Ord. 4865 §3 (in part), 2003)

10.10.050 RESTRICTED PARKING ZONE DESIGNATION - PROCESS.

(a) Creation, deletion or boundary changes of restricted parking zones may be initiated either:

(1) By a verified petition of the residents as provided for in BMC 10.10.060 or 10.10.070; or

(2) By the decision of the Director following a finding that the change is in the best interest of the community and will improve the health, safety or welfare of the community; or

(3) By resolution of the City Council.

(b) Right to Appeal. The right to appeal a creation, deletion or boundary change exists only when such creation, deletion or boundary change was completed under subsections (a)(1) or (a)(2) of this section when the change is to a Two (2) Hour Parking Zone, One (1) Hour Parking Zone or a Permit Only Zone. If such creation, deletion or boundary change is subject to appeal, the City Clerk shall post notice in the particular residential area advising the residents of the future location and boundaries of the residential parking area and of the right to appeal the designation within ten (10) days. A timely appeal to the Hearing Examiner, filed with the City Clerk, by a resident or business owner within the designated permit area will stay the action until the Hearing Examiner’s review and decision in accordance with Chapter 2.13 BMC. The Hearing Examiner shall be authorized to deny the creation, deletion or boundary change if he/she determines that significant errors were made in the process that created a substantial likelihood that the creation, deletion or boundary change would have failed had proper procedures been followed or if he/she determines that the creation, deletion or boundary change is not in the best interest of the community. The change shall be enforceable following the expiration of the appeal period or at such time as any appeal filed is denied. Until such time, the parking restriction previously in place, if any, shall continue.

(1) If the creation, deletion or boundary change is subject to appeal under section (b) of this section, the creation, deletion or boundary change shall become effective at such time as notice is posted in the affected area of the location and boundaries of the restricted parking area, and either:

(i) The ten (10) day appeal period has expired without an appeal being filed; or

(ii) At such time as a decision of the Hearing Examiner is issued on an appeal filed under subsection (b) of this section.

(2) If the creation, deletion or boundary change is not subject to appeal under subsection (b) of this section, the creation, deletion or boundary change shall become effective upon posting notice in the particular residential area of the location and boundaries of the residential parking area. (Ord. 4865 §3 (in part), 2003)

10.10.060 RESTRICTED PARKING ZONE PETITIONS IN NON-HISTORICALLY IMPACTED AREAS.

Residents may seek to create, delete or change the boundary of a restricted parking area by petitioning in accordance with the process delineated in this section. The process and prerequisites for such modification depend on the type of restriction being sought (Two (2) Hour Zone, One (1) Hour Zone, or Resident Only Zone). Residents may not seek to create, delete or change the

boundary of a restricted parking area for a period of one (1) year following a successful petition. [The historically impacted areas and non-historically impacted areas are shown on the map. See Appendix Figure 060.]

(a) Two (2) Hour Zone. If the residents of a block wish to have their area restricted to two (2) hour parking, they must:

(1) Submit a verified petition of at least two-thirds of the residents of the block indicating support for the change to a Two (2) Hour Zone; and

(2) The Director must make a finding that:

(i) There is an identifiable parking generator;

(ii) It appears that seventy-five percent (75%) or more of the parking spaces located on the petitioning block are being used at peak parking hours; and

(iii) The conditions described in subsections (a)(2)(i) and (ii) of this section exist on at least three (3) contiguous blocks.

(b) One (1) Hour Zone. If the residents of a block wish to have their area restricted to one (1) hour parking, they must:

(1) Submit a verified petition of at least two-thirds of the residents of the block indicating support for the change to a One (1) Hour Zone; and

(2) Show evidence that the affected block has been restricted to two (2) hour parking or permit only parking for at least the last twelve (12) months.

(1) Submit a verified petition of at least eighty percent (80%) of the residents of the block indicating support for the change to a Permit Only Zone; and

(2) Show evidence that the affected block has been restricted to one (1) hour parking or two (2) hour parking for at least twenty-four (24) combined months; however, the twelve (12) months immediately preceding the submission of the petition must have been spent as a One (1) Hour Parking Zone; and

(3) Show evidence that the affected block has been given one of the following zoning designations: SF-1, SF-2, SF-3, DR, MF, CBR, or MR; and

(4) Pay the City, in accordance with Chapter 3.01 BMC, Rate Table B, for a parking capacity survey to be conducted to determine if the petition area is disproportionately impacted by non-resident parking. The Director is authorized to set the criteria for this determination. Such criteria must be based on the percentage of parking spaces occupied at peak parking hours and on the percentage of occupied spaces, at peak parking hours, that are occupied by non-residents.

(i) If the results of the survey conclude that the petition area is disproportionately impacted by non-resident parking, then the Director of Public Works shall designate the petition area a Permit Only Zone and the designation shall become effective following the appeal period and upon posting as provided for in BMC 10.10.050.

(ii) If the results of the survey conclude that the petition area is not disproportionately impacted by non-resident parking, then the petition shall fail and the residents shall not be entitled to submit a new petition for a period of one (1) year. (Ord. 4865 §3 (in part), 2003)

10.10.070 RESTRICTED PARKING ZONE PETITIONS IN HISTORICALLY IMPACTED AREAS.

The residents of a historically impacted area may have their area restricted to either two (2) hour parking, one (1) hour parking or permit only parking by submitting a verified petition of at least two-thirds (2/3) of the residents of the block indicating support for the change to either two (2) hour parking, one (1) hour parking or to permit only parking, respectively. No other steps are necessary. The change shall become effective following the appeal period and posting as required under BMC 10.10.050. Residents of the affected area may only petition for a change once every twelve (12) months. [The historically impacted areas and non-historically impacted areas are shown on the map. See Appendix Figure 060.] (Ord. 4865 §3 (in part), 2003)

10.10.080 ELIGIBILITY CRITERIA FOR PERMIT.

Residential parking permits may be issued for motor vehicles not in excess of ten thousand (10,000) pounds only upon application of the following persons:

(a) A legal resident of the restricted parking permit area who has a motor vehicle registered in his name, or who has a motor vehicle for his exclusive use and under his control.

(b) A person who owns or leases commercial property and actively engages in business activity within a restricted parking permit area.

There shall be a limit of two (2) residential parking permits issued per dwelling unit/business location, unless parking availability allows a greater number not to exceed four (4) permits per dwelling unit as determined by the Director in his or her sole discretion. (Ord. 4865 §3 (in part), 2003)

10.10.090 PERMIT - ISSUANCE - DISPLAY.

Parking permits shall state thereon the particular residential parking permit area, the license number of the motor vehicle for which it is issued and the expiration date. Permits shall be displayed so as to be clearly visible through the rear window of the vehicle on the left side thereof. A residential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated residential parking area. (Ord. 4865 §3 (in part), 2003)

10.10.100 PERMIT - RENEWAL - DURATION.

Each residential parking permit issued shall be valid for the remainder of the calendar year of issuance plus two (2) calendar years, except residential parking permits issued in the year 2003, which shall expire on December 30, 2006. Permits may be renewed upon expiration. (Ord. 4865 §3 (in part), 2003)

10.10.110 PERMIT - VISITOR.

Visitor parking permits are authorized for residents of a residential parking permit area for bona fide transient use. No dwelling unit or place of business located in a restricted parking permit area shall be issued more than one (1) visitor permit. It shall be the responsibility of the resident to control the use of the permit. Bona fide transient uses include: visiting guests, babysitters, repair persons and other similar visitors. The following is prohibited:

(a) Parking in excess of seven (7) days within any thirty (30) day period unless approved administratively prior to such use; or

(b) Parking more than one (1) block from the permitted residence. (Ord. 4865 §3 (in part), 2003)

10.10.120 PERMIT - LANDLORD.

Landlords can qualify for a two (2) month visitor permit for building improvements if the residence is vacant. Upon request a one (1) month extension will be granted. Any extension beyond the automatic one (1) month extension must be accompanied by a detailed timeline for completing the building improvement as well as any required permits from the Department of Community Development. (Ord. 4865 §3 (in part), 2003)

10.10.130 SERVICE VEHICLES.

(a) Clearly marked service or delivery vehicles are exempt from the time zone requirements while providing service or making deliveries to dwellings within a restricted parking permit area. Service vehicles shall comply with time limits for parking in commercial zones.

(b) Individuals working in a home service industry (home health care, etc.) may apply for an occupational permit to park in a restricted parking permit area. The City may require proof of ongoing continuous work as a condition to maintain a valid permit. (Ord. 4865 §3 (in part), 2003)

10.10.140 PARKING FOR DISABLED PERSONS.

(a) As authorized pursuant to RCW 46.61.582, a person who has received a current and valid special disabled person’s card, decal or license plate from the Washington State Department of Licensing under RCW 46.19.050 shall be allowed to park a vehicle being used to transport such person in parking meter spaces free of charge and in nonmetered spaces for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted except as otherwise provided in subsection (b) of this section. This section shall have no application to those zones or areas in which the stopping, parking or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Such person shall not be permitted the foregoing privilege unless the person obtains and displays a distinguishing card, decal, or license plate issued pursuant to RCW 46.19.050.

(b) No person shall stop, stand or park a vehicle in a parking space reserved for disabled persons provided on street or on private property without charge without obtaining and displaying a special license plate, card, or decal issued pursuant to RCW 46.19.050; provided, pursuant to RCW 46.19.050, a time limitation of four (4) hours is imposed on the use of such parking spaces for on-street parking when so signed and a time restriction of four (4) hours is imposed on the use of nonreserved, on-street parking spaces by vehicles displaying the special parking placards when such time restriction is clearly posted.

(c) A parking space or stall for a disabled person shall be identified as described in RCW 46.61.581, including fine, time limitation (if applicable), and tow-away information. Notwithstanding any provision in this chapter, in accordance with RCW 46.61.581, failure of the person owning or controlling the property where required parking spaces are located to erect and maintain the sign is a Class 2 civil infraction under Chapter 7.80 RCW for each parking space that should be so designated. The person owning or controlling the property where the required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure to do so is a Class 2 civil infraction.

(d) No person shall make inaccessible the access aisle located next to a space reserved for physically disabled persons.

(e) Notwithstanding any provision in this chapter, the City’s Police Department is authorized to appoint volunteers, with a limited commission, to issue notices of infractions for violations of the City’s disabled parking regulations. Volunteers must be at least twenty-one (21) years of age and meet such additional qualifications as established by the City’s Police Department. A notice of infraction issued by a volunteer appointed under this section has the same force and effect as a notice of infraction issued by police officers and parking enforcement officers for a violation of the City’s disabled parking regulations.

(f) Special Plate, Card or Decal Issued by Another Jurisdiction. RCW 46.61.583 is hereby adopted by reference. (Ord. 5174 §1, 2011: Ord. 5114 §1, 2010: Ord. 4865 §3 (in part), 2003)

10.10.150 DRIVEWAYS - DECOMMISSIONING AND RECOMMISSIONING.

The provisions of this section authorize the decommissioning of driveways not formally abandoned pursuant to City right-of-way standards in order to allow street parking on parts of streets fronting the decommissioned driveways and further provide for the recommissioning of said driveways when appropriate.

(a) Decommissioning of Driveways. The owner of the property upon which a driveway is located may apply for a decommissioning of the driveway by the filing of a written request on a form and with the information required by the Department and by the payment of the required fee set forth in Rate Table G of the City of Bremerton’s rate and fee schedule. Upon meeting these conditions and a determination of the Director that the driveway is no longer required and that the area of the street fronting the driveway may be used for street parking, the City will post the area of the street fronting the decommissioned driveway as authorized for street parking.

(b) Recommissioning of Driveways. The owner of the property upon which a decommissioned driveway is located may apply for a recommissioning of the driveway. The request shall be made by the filing of a written request on a form and with the information required by the Department and by the payment of the required fee set forth in Rate Table G of the City of Bremerton’s rate and fee schedule. Upon meeting these conditions and a determination of the Director that the driveway may be recommissioned, the City will remove the street signs which authorized parking on the area of the street fronting the decommissioned driveway.

(c) The City may, at any time, remove the street signs which authorized parking on the area of the street fronting the decommissioned driveway and prohibit such parking due to public safety or other related reasons. (Ord. 5135 §1, 2011)