Chapter 10.12
PARKING

Sections:

10.12.005    Exception.

10.12.010    Violation – Penalty.

10.12.011    Violation – Delinquent fee.

10.12.015    Violation – Notice.

10.12.016    Violation – Impound.

10.12.020    State statutes – Adopted.

10.12.025    State definitions – Adopted.

10.12.030    Restricted parking – Alley parking.

10.12.040    Restricted parking – Rural-type and residential-type mailboxes.

10.12.050    Restricted parking – Fire hydrants, fire facilities/lanes and fire trucks.

10.12.060    Unlawful to park unlicensed or mechanically inoperable vehicles and trailers.

10.12.070    Commercial and recreational vehicle parking.

10.12.080    Time limitations.

    Prior legislation: Prior code § 10-202 and Ords. 1263, 1446, 1449, 1798, 1942, 1968, 2317, 2452, 2468 and 2478.

10.12.005 Exception.

This chapter shall not apply to emergency vehicles including, but not limited to, firefighting apparatus, police vehicles and other emergency response vehicles and equipment being used in the course of lawful duty. (Ord. 2817 § 2 (Exh. A), 2012)

10.12.010 Violation – Penalty.

Any person convicted or found to have committed a violation under this section which is a civil infraction shall be punished by a fine of not less than $75.00 for each count or incident. This fine amount may be adjusted by the city as needed in its periodic amendments to its unified fee schedule. Each day that the violation continues to exist shall be treated as a separate count or incident. This penalty shall apply to all violations of this chapter and any parking provisions of the Model Traffic Code adopted by the city, in this or any other section of the Blaine Municipal Code, except where specified otherwise. (Ord. 2817 § 2 (Exh. A), 2012)

10.12.011 Violation – Delinquent fee.

There shall be a penalty of $25.00 for failure to respond to a notice of traffic infraction, pursuant to, and as authorized by, RCW 46.63.110(4), herein adopted. (Ord. 2817 § 2 (Exh. A), 2012)

10.12.015 Violation – Notice.

Issuance of an infraction for a violation under this chapter can be effected by delivery of the citation to the owner, driver or person in charge of the vehicle, or the conspicuous posting of the parking infraction on the vehicle or trailer. (Ord. 2817 § 2 (Exh. A), 2012)

10.12.016 Violation – Impound.

A. Except for violations involving disability parking, fire lanes, fire trucks or fire hydrants, 24 hours subsequent to the issuance of an infraction, if the vehicle or trailer is again, or continues to be, parked in violation of this chapter, it may be impounded by law enforcement.

B. Vehicles or trailers parked in violation of disability parking regulations may be impounded at the direction of any law enforcement officer empowered to enforce this section 30 minutes subsequent to the issuance of an infraction.

C. Vehicles parked in violation of BMC 10.12.050 regarding fire safety markings and infrastructure may be immediately impounded at the direction of any law enforcement officer empowered to enforce this section.

D. In the event of a public emergency, such as crime, fire or medical necessity, any vehicle in violation of this chapter may be impounded or moved immediately upon the public need for the space, and may be cited after the immediate emergency passes.

E. The owner of any vehicle or trailer impounded under this section shall be responsible for all costs associated with the removal and storage as provided in Chapter 46.55 RCW, herein adopted. These costs shall be in addition to any fines and penalties assessed for the parking violation. (Ord. 2817 § 2 (Exh. A), 2012)

10.12.020 State statutes – Adopted.

The city of Blaine specifically adopts the following portions of the Revised Code of Washington, as applies to parking violations, except as to amounts for penalties:

RCW

46.19.050    Restrictions – Prohibitions – Violation – Penalties (regarding parking and persons with disabilities)

46.61.570    Stopping, standing, or parking prohibited in specified places — Reserving portion of highway prohibited

46.61.575    Additional parking regulations

46.61.581    Parking spaces for persons with disabilities – Indication, access – Failure, penalty

46.61.590    Unattended motor vehicle – Removal from highway

46.61.600    Unattended motor vehicle

The penalty for violating any of the above shall be as set in BMC 10.12.010, except any violation involving a disability parking space for which the penalties are set forth under RCW 46.19.050. (Ord. 2817 § 2 (Exh. A), 2012)

10.12.025 State definitions – Adopted.

Undefined terms or words in this chapter shall have the definitions as provided in Chapter 46.04 RCW as adopted and amended herein. (Ord. 2817 § 2 (Exh. A), 2012)

10.12.030 Restricted parking – Alley parking.

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, and no person shall stop, stand or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property. (Ord. 2817 § 2 (Exh. A), 2012)

10.12.040 Restricted parking – Rural-type and residential-type mailboxes.

Except as may be momentarily required in order to actually deliver or collect mail, it is unlawful to stop, stand or park any vehicle in front of, or within 20 feet laterally of, U.S. Postal Service mailboxes of either the rural-type (horizontally mounted, non-locking boxes) or residential cluster-type (pedestal mounted, stacked, and either locking or nonlocking) during the normal delivery hours of 9:00 a.m. to 3:00 p.m., Monday through Saturday. (Ord. 2817 § 2 (Exh. A), 2012)

10.12.050 Restricted parking – Fire hydrants, fire facilities/lanes and fire trucks.

A. It is unlawful to stop, stand or park any vehicle in front of, or within 20 feet laterally of, a fire hydrant or other water outlet used for firefighting at any time.

B. It is unlawful to stop, stand or park any vehicle in front of, or within 100 feet laterally of, a fire-fighting truck involved, directly or indirectly, in the fighting of a fire.

C. It is unlawful to stop, stand, or park any vehicle within clearly marked areas in front of and contiguous to fire department facilities or marked fire lanes. Those prohibited areas shall be marked in red, clearly delineating the prohibited zones. In addition, signs shall be posted at either end of the prohibitive zone indicating the prohibition and the fine for parking therein.

D. A violation of this chapter shall have an initial fine of $450.00. This fine amount may be adjusted by the city as needed in its periodic amendments to its unified fee schedule. The second and additional violations are a warrantable gross misdemeanor with a forfeitable bail amount of $1,000. (Ord. 2817 § 2 (Exh. A), 2012)

10.12.060 Unlawful to park unlicensed or mechanically inoperable vehicles and trailers.

A. It shall be unlawful for any person to stand or park any vehicle or trailer that is unlicensed or not currently licensed with the state on any city street, city parking lot, alley, city right-of-way, and all public property.

B. It shall be unlawful for any person to stand or park any vehicle or trailer that is extensively damaged to the extent that it has a broken window or windshield, or missing wheels, tires, motor or transmission or is not equipped with any equipment required for operation on public highways as contained in Chapter 46.37 RCW and pertinent sections of the WAC, on any highway, city street, city parking lot, alley, city right-of-way, and all public property. (Ord. 2817 § 2 (Exh. A), 2012)

10.12.070 Commercial and recreational vehicle parking.

A. It is unlawful to park a commercial motor truck, truck tractor, truck trailer or semi trailer on public property or streets within residentially zoned areas in the city.

B. It is unlawful to park a commercial vehicle, motor truck, truck tractor, truck trailer, semi-trailer, or recreational vehicle on city streets in any zone for longer than 24 hours.

C. The director of public works or director of public safety is authorized to limit the hours of truck parking on certain streets, to prohibit truck parking entirely on some streets, such as H Street, but not limited thereto, and to designate certain areas of public property and roadways for truck parking. Such actions may be taken by either director with the concurrence of the city manager. Such parking restrictions shall be enforceable after proper signs and markings are installed. The second and additional violations of such posted limitations are a warrantable misdemeanor with a forfeitable bail amount of $250.00.

D. The provisions of this section shall not abrogate the general law enforcement and community caretaking powers of police officers engaged in the mitigation of an immediate public safety problem. (Ord. 2817 § 2 (Exh. A), 2012)

10.12.080 Time limitations.

A. The director of public works or director of public safety is authorized to determine and post signs pertaining to parking date, hour or length of time limits for automobiles and trucks on the city streets. This may be done on a permanent, temporary or seasonal basis. Such actions may be taken by either director with the concurrence of the city manager. When signs are posted establishing such limits, it is a violation to exceed such parking limitations.

B. Notwithstanding the above, no automobile, truck, vehicle or trailer shall be stored on city streets for more than 72 consecutive hours at a time unless otherwise posted, or specified in this chapter. (Ord. 2817 § 2 (Exh. A), 2012)