Chapter 10.46
STOPPING, STANDING AND PARKING*
Sections:
I. General Provisions
10.46.005 New ordinance supersedes prior ordinances.
10.46.010 Definitions generally.
10.46.015 Central business district defined.
10.46.020 Short title.
10.46.025 Other definitions.
10.46.030 Exercise of police power.
10.46.035 Chapter application.
10.46.040 Regulations not exclusive.
10.46.045 Additional regulations promulgation authority.
II. General Restrictions and Regulations
10.46.050 Parallel parking – Requirement generally – Exceptions.
10.46.055 Parallel parking – Method.
10.46.060 Conformance to designated parking method required.
10.46.065 Angle parking – Maximum vehicle length.
10.46.070 Parking in taxicab stands.
10.46.075 Leaving unattended vehicle.
10.46.080 Leaving children in unattended vehicle.
10.46.085 Parking in alleys.
10.46.090 Storage, display and overtime parking.
10.46.095 Obstructing driveways.
III. Prohibited Parking Places and Areas
10.46.100 Prohibited parking places.
10.46.105 No-parking areas – Identification.
IV. Restricted Parking Zones
10.46.110 Overtime parking – Report – Notice of order to report to court.
10.46.115 Parking stalls for handicapped persons.
V. Loading Zones
10.46.120 Identification – Loading zones.
10.46.125 Parking in loading zones.
VI. Violations
10.46.130 Evidence of violation – Standing or parking.
10.46.135 Fines and penalties.
10.46.140 Impoundment.
*Prior legislation: Ords. 599, 621, 637, 667 and 688.
I. General Provisions
10.46.005 New ordinance supersedes prior ordinances.
The ordinance codified in this chapter shall supersede any and all vehicular ordinances dealing with stopping, standing and parking, rendering them null and void. (Ord. 986, 1998).
10.46.010 Definitions generally.
The following words and phrases when used in this title shall for the purpose of this title have the meanings respectively ascribed to them in this chapter, unless where used the context thereof shall clearly indicate to the contrary. (Ord. 986, 1998).
10.46.015 Central business district defined.
“Central business (or traffic) district” means all streets and portions of streets within or contiguous to any neighborhood or main street business zoned district, general commercial, light or general industrial zoned districts as described in SMC Title 17. (Ord. 986, 1998).
10.46.020 Short title.
The ordinance codified in this chapter may be known and cited as the “stopping, standing and parking ordinance.” (Ord. 986, 1998).
10.46.025 Other definitions.
(1) The definition of words and phrases contained in RCW 46.16.381 and 46.04.010 through 46.04.700 except RCW 46.04.150 and 46.04.355, adopted by reference in Chapter 10.08 SMC, shall, for the purposes of this chapter, have the same meanings ascribed to the words and phrases therein.
(2) The following words and phrases, when used in this chapter, shall for the purpose of this chapter have the meanings respectively ascribed to them in this section, unless where used the context thereof clearly indicates to the contrary.
(3) “Commercial loading zone” means a designated portion of the street along the curb reserved for use in loading and unloading commodities, merchandise, produce, freight or animals by commercial vehicles only.
(4) “Individual parking space” means a portion of the paved section of the street, of sufficient length and depth from the sidewalk curb to accommodate a vehicle to be parked, as shall be specified and marked off by the public works department of the city.
(5) “Nonmetered parking zones” means portions of streets described and established by the city council as zones within which the parking of vehicles shall be controlled, regulated and inspected by the parking enforcement personnel of the city.
(6) “Parking” means the standing of a vehicle upon a street, whether such vehicle is occupied or not, and whether such vehicle is accompanied or not by an operator, for a period of time in excess of two minutes.
(7) “Passenger loading zone” means a designated portion of the street along the curb reserved for use in loading and unloading passengers by passenger vehicles only.
(8) “Street” means and includes streets, avenues, ways, boulevards, drives, highways, city-owned parking areas and all places, except alleys open to the public for the use of vehicles. (Ord. 986, 1998).
10.46.030 Exercise of police power.
This chapter shall be deemed and construed as an exercise of the police power of the state, and is deemed expedient to maintain the peace, good government and welfare of the city and its trade, commerce and manufacturers. (Ord. 986, 1998).
10.46.035 Chapter application.
The provisions of this chapter prohibiting the standing or parking of vehicles shall apply at all times or at those times specified in this chapter 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. 986, 1998).
10.46.040 Regulations not exclusive.
The provisions of this chapter imposing time limits 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. 986, 1998).
10.46.045 Additional regulations promulgation authority.
The city council may by ordinance or resolution adopt additional regulations as to parking and angle parking, and may, by ordinance, alter or amend the provisions of this chapter. (Ord. 986, 1998).
II. General Restrictions and Regulations
10.46.050 Parallel parking – Requirement generally – Exceptions.
All vehicles within the city shall park parallel as defined in this chapter except where indicated by sign or parking lines. (Ord. 986, 1998).
10.46.055 Parallel parking – Method.
In any place where parallel parking is permitted or required, it is unlawful to park a vehicle with the right wheels of the vehicle more than one foot from the curb nearest the vehicle. (Ord. 986, 1998).
10.46.060 Conformance to designated parking method required.
No person shall parallel park a vehicle at any location designated as a location for angle parking, nor angle park a vehicle at any location designated as a location for parallel parking. (Ord. 986, 1998).
10.46.065 Angle parking – Maximum vehicle length.
On portions of the street where angle parking is allowed, it is unlawful to angle park a vehicle the length of which exceeds 20 feet overall. (Ord. 986, 1998).
10.46.070 Parking in taxicab stands.
It is unlawful for the operator of any vehicle other than a taxicab or a for-hire vehicle to park in any officially designated taxicab stand. (Ord. 986, 1998).
10.46.075 Leaving unattended vehicle.
No person having control or charge of a motor vehicle shall park or angle park such vehicle on any street unattended without stopping the motor of the vehicle and, when parked upon a perceptible grade, without turning the wheels of such vehicle to the curb or the side of the street or highway, so that in the event of release of the brakes such vehicle will not move. (Ord. 986, 1998).
10.46.080 Leaving children in unattended vehicle.
The City adopts the following RCW sections:
(1) RCW 46.61.685 – Leaving children unattended in standing vehicle with motor running; and
(2) RCW 9.91.060 – Leaving children unattended in parked automobile. (Ord. 986, 1998).
10.46.085 Parking in alleys.
It is unlawful for any person to stop or park in an alley any vehicle, except for loading or unloading purposes. Commercial vehicles may stop or park in such restricted areas for loading or unloading purposes only for periods not to exceed 15 minutes. (Ord. 986, 1998).
10.46.090 Storage, display and overtime parking.
No person shall use the city street, right-of-way, alley or parking area:
(1) For parking in excess of 72 hours;
(2) For the purpose of storage, display, sale or abandonment of any type vehicle, including farm vehicles;
(3) In violation of any posted sign or painted curb;
(4) To place, or allow to remain, any object or equipment. (Ord. 986, 1998).
10.46.095 Obstructing driveways.
No owner, driver or other person having charge of any vehicle shall permit such vehicle to stand or to be parked alongside of or in front of any portion of any sidewalk on any street in the city where such portion of the sidewalk has been sloped from the street property line down to the level of the outer edge of the adjacent pavement for the purpose of permitting vehicles to cross such portion of the sidewalk in going to or from the street and any oil station, garage or other place of business or alongside of or in front of any portion of any sidewalk in the city where other provision has been made with the consent of the city for the vehicular crossing across such sidewalk, or in front of any private driveway in the city, which driveway has been established with the consent of the city. (Ord. 986, 1998).
III. Prohibited Parking Places and Areas
10.46.100 Prohibited parking places.
(1) It is unlawful for the operator of a vehicle to stop, stand, park or angle park such vehicle in or on any of the following places except when necessary to avoid conflict with other traffic or to comply with other provisions of this code or with the direction of a police officer or traffic-control sign or signal:
(a) Within an intersection;
(b) On a crosswalk;
(c) Between a safety zone and the adjacent curb or within 25 feet of points on the curb immediately opposite the end of a safety zone unless some other distance is indicated by a sign as authorized in this chapter;
(d) Within 20 feet of a crosswalk, or of the intersection of property lines at street intersections;
(e) Within 30 feet upon the approach to any flashing beacon, stop sign, traffic-control signal or traffic devices located at the side of the roadway;
(f) In front of the driveway entrance to any fire or police station or within any marked area contiguous to such driveway;
(g) In front of or within 15 feet of a fire hydrant;
(h) In front of a public or private driveway, or within five feet of the end of the curb radius leading thereto;
(i) On a sidewalk or parking strip;
(j) Alongside or opposite any street excavation or obstruction when such stopping, parking or angle parking would obstruct traffic;
(k) In any alley, except that trucks or properly marked commercial vehicles may park or angle park in alleys for such time, not in excess of 15 minutes, as may be necessary for the expeditious loading or unloading of such vehicles or the delivery or pickup of articles or materials;
(l) Upon any bridge, overpass, underpass, trestle or approaches thereto;
(m) Within any space marked as a fire exit;
(n) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(o) Outside of the limits of the individual parking spaces (stalls) designated for vehicular nonmetered on-street parking by the street division of the city;
(p) Within 30 feet of the nearest rail of a railroad crossing;
(q) At any place where all official signs prohibit stopping;
(r) In the traveled portion of any roadway.
(2) No person shall move a vehicle not owned by him into any such prohibited area or away from a curb such distance as is unlawful. (Ord. 986, 1998).
10.46.105 No-parking areas – Identification.
The city shall paint the curb adjoining all no-parking and prohibited parking areas yellow or shall post signs prohibiting parking on the curb adjoining no-parking and prohibited parking areas in order to identify such restricted zones. It is unlawful for any other person to paint the curbs or post no-parking signs in such restricted zones unless the person is given authority to do so by the city council. (Ord. 986, 1998).
IV. Restricted Parking Zones
10.46.110 Overtime parking – Report – Notice of order to report to court.
(1) Designation and Enforcement. When official signs are erected by the public works department or under the direction of the mayor or chief of police designating a restricted parking zone no person shall park a vehicle in a manner contrary to the instructions on the sign.
(2) Report. It is the duty of the chief of police or such other official of the city as may be delegated authority over standing violations of this chapter to report the following:
(a) The number or location of the parking space in which the vehicle is or has been parking in violation of any provision of this chapter;
(b) The state license number of such vehicle;
(c) The time during which the vehicle is or has been parking in violation of any of the provisions of this chapter;
(d) Any other facts, the knowledge of which is necessary for a thorough understanding of the circumstances attending such violation.
(3) Notice of Violation. Each officer shall attach to such vehicle a notice to the owner or operator thereof that such vehicle has been parking in violation of the provisions of this chapter, and instructing the owner or operator to report to the traffic violations bureau in regard to such violation. (Ord. 986, 1998).
10.46.115 Parking stalls for handicapped persons.
(1) It is unlawful to park a vehicle in any parking stall designated by a sign as a disabled parking stall for a handicapped person unless the parked vehicle has a windshield placard with the international symbol of access and it is displayed by being suspended from the rearview mirror or displayed on the dashboard or utilizes special disabled person license plates on the vehicle (RCW 46.16.381).
(2) Any unauthorized use of special placards or special license plates is a misdemeanor.
(3) Monetary penalty for this infraction as stated in RCW 46.16.381(7) gives the courts authority to impose additional penalty sufficient to reimburse the city for any cost it may have incurred in removal and storage of the improperly parked vehicle. See Chapter 3.30 SMC, Fee Schedule. (Ord. 986, 1998).
V. Loading Zones
10.46.120 Identification – Loading zones.
The city shall paint the curbs adjoining all commercial and passenger loading zones white in order to identify such loading zones; provided, however, the public works director shall also be authorized to designate bus loading zones by marking the curbs alternately with five feet of yellow and five feet of red for the length of the zone, starting and ending with yellow; and further, the bus loading zones shall be additionally designated by posted signs designating the areas as a bus loading zone and further designated by a sign which shall read “No Parking Any Time”. (Ord. 986, 1998).
10.46.125 Parking in loading zones.
It is unlawful to stand, park or angle park any vehicle in any place established as a loading zone as designated in SMC 10.46.120 except for the purpose of, and only for such period of time as necessary for, expeditious loading or unloading of such commercial or passenger vehicle. In no case shall the stop for loading or unloading of articles or materials or passengers exceed 15 minutes in time. (Ord. 986, 1998).
VI. Violations
10.46.130 Evidence of violation – Standing or parking.
In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of a law or regulation, together with proof that the defendant named in the complaint was at the time of the parking the registered owner of the vehicle, shall constitute prima facie evidence that the registered owner of the vehicle was the person who parked the vehicle to a point where and for the time during which such violation occurred. (Ord. 986, 1998).
10.46.135 Fines and penalties.
(1) Violations of this chapter are civil infractions. Fines or penalties are to be paid to the city clerk-treasurer for each violation or each day a violation continues. For monetary penalties see Chapter 3.30 SMC, Fee Schedule.
(2) Fines paid within 10 days of citation will be discounted for prompt payment.
(3) Failure to pay the fine or penalty shall be reported to the Washington Department of Licensing to enable them to withhold renewal of the vehicle’s license until the outstanding fines and penalties have been paid. (Ord. 986, 1998).
10.46.140 Impoundment.
(1) A vehicle may be subject to immediate impoundment by the chief of police or his designee if:
(a) Any vehicle is parked in violation of this chapter or violates any other provisions.
(b) After posting of a notice or after expiration of 72 hours of posting or any immediate safety hazard obstructing traffic flow.
(2) The cost of such impoundment, storage and towing shall be paid by the owner or operator of such vehicle before the vehicle is released. (Ord. 986, 1998).