Chapter 10.10


10.10.010    Definitions.

10.10.020    Parking provisions.

10.10.030    Exceptions.

10.10.040    Enforcement and penalties.

10.10.010 Definitions.

“Driveway” means the egress and ingress between the paved roadway and the parking facilities on a property (e.g., garages, carports, and parking pads), including both the private property and town right-of-way portion. For purposes of this chapter, the driveway width is as defined in the town’s right-of-way code (Chapter 12.15 BAVMC).

“Junker” means any vehicle not currently licensed to be driven on public roads or not currently capable of being legally driven.

“Line of sight” means the view along a town right-of-way from any part of a paved roadway to any other part of a paved roadway.

“Passenger vehicle” means any of the following vehicles: automobiles, seven-to-nine-passenger vans, and pickup trucks.

Path Right-of-Way (ROW). For the purposes of this chapter, the path right-of-way (ROW) is as defined in the town’s right-of-way code (Chapter 12.15 BAVMC).

“Recreational, commercial, or utility vehicle” means any of, but not limited to, the following: boats, campers, boat trailers, travel trailers, pickup campers, coaches, motorized dwellings, recreational vehicles, tent trailers, utility trailers, trucks, machinery, commercial vehicles, camper tops or shells, and buses.

“Screen” means fencing, landscaping, or structure that obscures the view of an object from the right-of-way and/or adjoining property.

“Temporary” means not to exceed 72 hours. [Ord. 418 § 1, 2015; Ord. 374 § 1, 2010]

10.10.020 Parking provisions.

(1) It shall be unlawful for any person to stop, stand or park any vehicle in any of the following places, except for the actual loading or unloading of passengers or when necessary to avoid a traffic conflict or in obedience to a police officer, to traffic regulations or to traffic signs or signals:

(a) On the paved portion of any street in such a manner or under such conditions as to leave less than 10 feet of the width of the roadway for free movement of vehicular traffic.

(b) In front of a private driveway.

(c) Within 15 feet of a fire hydrant.

(d) On a path ROW or in such a fashion as to block a path ROW, except for the two stalls on the easternmost end of the path ROW between 106th Avenue SE and 107th Avenue SE (also known as the Academy Path).

(e) On or within 20 feet of a crosswalk.

(f) Within 30 feet of any traffic control signal.

(g) On either the paved portion or the west side of 108th Avenue SE.

(h) On the paved portion or sidewalk of the north and south arterial known and designated as:

(i) 104th Avenue SE between the north boundary of the town and SE 28th Street; and

(ii) SE 28th Street between 104th Avenue SE and 105th Avenue SE; and

(iii) 105th Avenue SE between SE 28th Street and SE 30th Street.

(i) On the paved turnout areas located on:

(i) The south side of SE 29th Street just east of 106th Place SE; and

(ii) The east side of 106th Place SE approximately 100 feet north of SE 29th Street; and

(iii) The north terminus of 106th Place SE.

(j) Where line of sight is impaired.

(2) Vehicles that are owned by a resident shall be parked on that resident’s private property. If this is not possible, these vehicles may be parked on the town right-of-way portion of the driveway, as long as line of sight is not impaired.

(3) Recreational, commercial, or utility vehicles or junkers may be parked as follows:

(a) In a carport or garage or on private property if screened as defined in BAVMC 10.10.010; and

(b) In a nonscreened area for a period not to exceed a total of two weeks in a one-year period. An owner may be granted an extension of this time limit by the town marshal upon application, which shall include the signed consent of each adjoining property owner and the property owners across the street, and an explanation of the special circumstances that make the extension necessary.

(4) The undeveloped, unpaved and unplanted portion of the town right-of-way may be used for temporary guest or resident parking provided the vehicle is not blocking through traffic and does not violate any provision of this chapter. A 14-day “parking permit” shall be available upon application to the town marshal or his/her designee. The parking permit application shall identify the vehicle and the location proposed for parking. [Ord. 418 § 2, 2015; Ord. 374 § 2, 2010]

10.10.030 Exceptions.

Exceptions to the provisions of this chapter may be granted by the council under the following conditions:

(1) The resident seeking the exception shall file an application with the town clerk indicating:

(a) The reasons why the strict enforcement of this chapter would cause an undue hardship; and

(b) An alternative parking and/or screening proposal that will not have a negative impact on the quality of the immediate neighborhood.

(2) At least one week prior to the council meeting at which such an application will be considered, the town clerk shall provide a copy of the application to each adjoining property owner and the property owners across the street.

(3) When considering such an application, the council shall take into consideration traffic congestion and safety, and the impact on surrounding neighbors. [Ord. 374 § 3, 2010]

10.10.040 Enforcement and penalties.

Any person violating or failing to comply with any of the provisions of this chapter shall be subject to a civil penalty in the amount of $100.00 per day for each day in which the violation continues. In addition, the town marshal or his/her designee may place a 24-hour notice on any vehicle parked in violation of this chapter informing the owner that the vehicle is subject to removal by the town at the owner’s expense. [Ord. 418 § 3, 2015; Ord. 374 § 4, 2010]