Chapter 10.15
PARKING, STANDING AND STOPPING
Sections:
10.15.010 Purpose.
10.15.020 Policy.
10.15.030 City manager – Authority.
10.15.040 Parking restriction adoption process.
10.15.050 Standing vehicle in freight curb loading zone.
10.15.060 Parking trucks on highway or in right-of-way prohibited.
10.15.070 Obstructing traffic/pedestrians.
10.15.080 Parking over 24 hours prohibited.
10.15.090 Parking in alleys.
10.15.100 Parking for certain purposes prohibited.
10.15.110 Presumption of ownership.
10.15.120 Authority to issue notices.
10.15.130 Chalk mark identifications.
10.15.140 Penalties.
10.15.150 Applicability to other code sections.
10.15.010 Purpose.
The provisions of this chapter regulate parking, standing and stopping of vehicles upon streets and ways open to the public within the city of Burien. [Ord. 262 § 1, 1999]
10.15.020 Policy.
The city of Burien wishes to preserve and protect both residential and commercial areas within the community. To accomplish this goal, the city has the authority to adopt regulations needed to ensure that the physical character is maintained and that unsafe or incompatible uses, activities and nuisances are prohibited.
To achieve this objective, the city may establish parking restrictions on portions of certain specified streets, including establishing residential parking zones which restrict parking of vehicles on certain streets at certain times except by permit. The decision whether or not to establish a parking restrictions on a specific street or location shall be made by the city manager or his/her designee following a determination that a specific condition warrants such a parking restriction.
Primary public safety decisions, such as the promulgation of restrictions to prevent view obstructions, are the responsibility of the city manager’s designated traffic engineer. Such regulations will be instituted and notice given through proper signage being erected and/or street painting.
Some parking restrictions may be considered where the purpose is not primarily a public safety concern. For example, a regulation to ensure the proper flow of traffic, the encouragement of commerce, or to allow residents the use of abutting streets for parking. The imposition of such parking restrictions shall occur following notification to abutting property and business owners and after consideration of public input. The abutting property and business owners will be notified in writing of the city manager’s decision whether or not to impose the parking restriction. [Ord. 262 § 2, 1999]
10.15.030 City manager – Authority.
(1) The city manager or his/her designee is authorized to exercise the powers and duties of traffic engineer as authorized pursuant to Washington Administrative Code (WAC) 308-330-265 and 308-330-270, as now or hereafter amended. The city manager or his/her designee is authorized to establish regulations governing the parking of vehicles on city streets and other public ways, including, but not limited to, regulations:
(a) Designating either or both sides of any street or public way, or any portion thereof, as a “no parking zone”;
(b) Prescribing limits on the length of time any vehicle may be parked on any street or public way, or any portion thereof;
(c) Determining upon which streets or portions thereof vehicles shall be angle parked, as distinguished from parallel parked, and the direction in which vehicles shall be so angle parked; and
(d) Establishing the issuance of permits for residential parking.
(2) Whenever the city manager or his/her designee shall exercise any authority under subsection (1) of this section, the city manager or his/her designee shall erect signs, place markings upon the pavement or curb, or in other appropriate manner give notice that the area has been designated a no-parking, time-limited parking, or angle-parking-only zone.
(3) When official signs, markings or other devices are erected or placed upon any streets or public ways, or any portions thereof, regulating parking by vehicles, no person shall park a vehicle or cause a vehicle to remain on any such street or public way in violation of any such signs, marking or other device.
(4) Any regulations promulgated by the city manager or his/her designee pursuant to this chapter shall be made consistent with the policy established in BMC 10.15.020. [Ord. 262 § 3, 1999]
10.15.040 Parking restriction adoption process.
When a parking restriction to address a problem not primarily a public safety concern is being considered, the following procedure and appeals process will be followed:
(1) Complaint or suggestion is received by city;
(2) Review by public works and police;
(3) Recommendation is made to the city manager;
(4) City manager decides whether or not the proposed restriction will go forward;
(5) If it is decided the proposed parking restriction will go forward, a public meeting will be held by the city manager. Notice of the public meeting will be sent to city council, abutting property and business owners;
(6) Taking into account the public input, the city manager decides whether the proposed parking restriction will (a) go forward with no modifications, (b) go forward with modifications, or (c) not go forward;
(7) If it is decided to go forward, the proposed parking restriction will be put into final form, and sent to the abutting property and business owners. The city manager’s decision may be appealed to the hearing examiner within 30 days;
(8) If there is no appeal within 30 days, the proposed parking restriction goes into effect. [Ord. 262 § 4, 1999]
10.15.050 Standing vehicle in freight curb loading zone.
(1) 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 pick-up 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.
(2) The operator of a passenger vehicle may stop temporarily at a place marked as a freight curb loading zone, for the purpose of receiving or discharging 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. 262 § 5, 1999]
10.15.060 Parking trucks on highway or in right-of-way prohibited.
No truck, motor truck, truck tractor, tractor trailer or tractor exceeding 6,000 pounds empty scale weight may be parked on a public highway or in the public right-of-way. This section shall not apply to recreational vehicles. [Ord. 262 § 6, 1999]
10.15.070 Obstructing traffic/pedestrians.
No person shall park any vehicle upon any street or sidewalk in a manner which obstructs or otherwise interferes with traffic upon the traveled portion of the roadway, or obstructs or interferes with the movement of pedestrians on sidewalks. [Ord. 262 § 7, 1999]
10.15.080 Parking over 24 hours prohibited.
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 shall be deemed to constitute a hazard or obstruction to traffic or an abandoned vehicle and may be impounded. [Ord. 262 § 8, 1999]
10.15.090 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 the 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. [Ord. 262 § 9, 1999]
10.15.100 Parking for certain purposes prohibited.
No persons shall park a vehicle upon a roadway for the principal purpose of:
(1) Displaying the vehicle for sale or for advertising services for vehicles; or
(2) Washing, greasing, or repairing the vehicle, except repairs necessitated by an emergency. [Ord. 262 § 10, 1999]
10.15.110 Presumption of ownership.
In any prosecution charging a violation of any law or regulation governing the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the complaint was stopping, standing, or parking in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. [Ord. 262 § 11, 1999]
10.15.120 Authority to issue notices.
All city of Burien employees appointed as parking control officers, or any employee of the city assigned by the city manager or his/her designee to perform the duties of a parking control officer, are authorized to issue notices of traffic infraction for violations of city parking ordinances. Such notices also may be issued by any police officer. All such notices shall be issued in accordance with procedures established by RCW Title 46, Supreme Court and local court rules, and applicable city ordinances. For the purpose of issuing notices of traffic infraction for violations of city parking ordinances, and for this purpose only, parking control officers are designated law enforcement officers, in order to conform to the requirements of RCW 46.63.030 and Supreme Court rules adopted pursuant to Chapter 46.63 RCW; provided, that the authority conferred upon parking control officers by this section shall not vest any such officer with any police civil service or police pension rights. [Ord. 262 § 12, 1999]
10.15.130 Chalk mark identifications.
In checking for overtime parking, police officers, community service inspectors, and parking enforcement officers are authorized to use chalk marks on the tires of parked vehicles, or any other identifying mark that does not deface the vehicle, and it is unlawful for any person to erase or obliterate such mark for the purpose of interfering with such checking for overtime parking. [Ord. 262 § 13, 1999]
10.15.140 Penalties.
Failure to comply with any parking restriction adopted pursuant to this chapter is an infraction and shall be cited under the applicable section of this chapter.
(1) Violators are required to respond within 15 days of the date of the issuance of the notice of infraction by:
(a) Paying a penalty of $50.00 for each infraction cited on the notice of infraction; or
(b) Requesting a hearing in the manner described in the notice of infraction.
(2) If no response or payment is made within 15 calendar days of the date of the issuance of the notice of infraction, the court shall mail a delinquency notice to the registered owner of the vehicle to which the notice was affixed, informing him/her of the violation.
If no response or payment is made within 10 calendar days of the date of mailing of the delinquency notice, the court may attach additional penalties to the infraction including a notice to the Washington State Department of Licensing, and the city may pursue such other remedies as provided by ordinance. [Ord. 262 § 14, 1999]
10.15.150 Applicability to other code sections.
The provisions of this chapter shall not apply to violations of parking regulations specifically set forth and provided for in other sections of the Burien Municipal Code. [Ord. 262 § 15, 1999]