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.

10.15.045    Parking, standing, or stopping prohibited in specified places.

10.15.050    Parking, standing, or stopping vehicle in freight curb loading zone.

10.15.060    Parking trucks on street or in right-of-way prohibited.

10.15.070    Obstructing traffic/pedestrians.

10.15.075    Obstructing fire lanes prohibited.

10.15.080    Parking over 24 hours prohibited.

10.15.085    Additional parking regulations.

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.

10.15.135    Special parking privileges for persons with disabilities.

10.15.140    Penalties.

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. 607 § 1 (Exh. A), 2014; 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 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. 607 § 1 (Exh. A), 2014; 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 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) 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. 607 § 1 (Exh. A), 2014; 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. 607 § 1 (Exh. A), 2014; Ord. 262 § 4, 1999]

10.15.045 Parking, standing, or stopping prohibited in specified places.

(1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:

(a) Park, stand, or stop a vehicle:

(i) On the roadway side of any vehicle stopped or parked at the edge or curb of a street except while angle parking;

(ii) On a sidewalk or street planting strip;

(iii) Within an intersection;

(iv) On a crosswalk;

(v) Upon any bridge or other elevated structure upon a street or within a highway tunnel;

(vi) In front of, adjacent to, or in such proximity to any mailbox, postal drop box, or other similar postal receptacle so as to interfere with delivery of mail by the United States Postal Service;

(vii) At any place for longer than the designated time limit; or

(vii) At any time or place where official signs prohibit stopping.

(b) Park or stand a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

(i) In front of a public or private driveway or within five feet of the end of the curb radius leading thereto;

(ii) Within 15 feet of a fire hydrant;

(iii) Within 20 feet of a crosswalk;

(iv) Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway;

(v) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance when properly signposted;

(vi) In a bus stop, except authorized buses in a zone established for such specific use and taxicabs in a taxicab stand when any such stop or stand has been officially designated and appropriately signed;

(vii) Directly adjacent to a curbside, next to clearly visible residential mailboxes between 9:00 a.m. and 6:00 p.m. on any day of scheduled mail delivery by the United States Postal Service; or

(viii) At any time or place where official signs prohibit parking, standing, or stopping a vehicle.

(2) Parking or standing shall be permitted in the manner provided by law at all other places except as otherwise restricted by city ordinance.

(3) No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as is unlawful.

(4) It shall be unlawful for any person to reserve or attempt to reserve any portion of a street for the purpose of parking, standing, or stopping to the exclusion of any other like person, nor shall any person be granted such right. [Ord. 607 § 1 (Exh. A), 2014]

10.15.050 Parking, standing, or stopping vehicle in freight curb loading zone.

(1) No person shall park, stand, or stop a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup 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. 607 § 1 (Exh. A), 2014; Ord. 262 § 5, 1999]

10.15.060 Parking trucks on street 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 street or in the public right-of-way. This section shall not apply to recreational vehicles. [Ord. 607 § 1 (Exh. A), 2014; Ord. 262 § 6, 1999]

10.15.070 Obstructing traffic/pedestrians.

No person shall park, stand, or stop 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. 607 § 1 (Exh. A), 2014; Ord. 262 § 7, 1999]

10.15.075 Obstructing fire lanes prohibited.

(1) The obstruction of a designated fire lane by a parked vehicle or any other object is prohibited and shall be considered a traffic hazard as defined in state law and an immediate hazard to life and property.

(2) Violation. Any person who owns, manages, or is in control of commercial property and fails to mark or maintain the marking of a designated fire lane as prescribed in this chapter, or who parks a vehicle in, allows the parking of a vehicle in, obstructs, or allows the obstruction of a designated fire lane commits a civil infraction to which BMC 1.15.090 shall apply. The penalty for failing to mark or maintain the marking of a designated fire lane shall be $150.00. The penalty for parking a vehicle in, allowing the parking of a vehicle in, obstructing, or allowing the obstruction of, a designated fire lane shall be $50.00. [Ord. 607 § 1 (Exh. A), 2014]

10.15.080 Parking over 24 hours prohibited.

No person shall park or stand any vehicle upon any street or public right-of-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. 607 § 1 (Exh. A), 2014; Ord. 262 § 8, 1999]

10.15.085 Additional parking regulations.

(1) Except as otherwise provided by city ordinance, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.

(2) Except when otherwise provided by ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within 12 inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. [Ord. 607 § 1 (Exh. A), 2014]

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. 607 § 1 (Exh. A), 2014; 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. 607 § 1 (Exh. A), 2014; 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. 607 § 1 (Exh. A), 2014; 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. 607 § 1 (Exh. A), 2014; 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, obliterate, or otherwise change such mark for the purpose of interfering with such checking for overtime parking. It shall be a citable civil infraction, with the same monetary penalty as the parking violation substantiated by the chalk mark, to so erase, obliterate, or otherwise change such mark. [Ord. 607 § 1 (Exh. A), 2014; Ord. 262 § 13, 1999]

10.15.135 Special parking privileges for persons with disabilities.

(1) Unauthorized Use. Any unauthorized use of the special placard, special license plate, or identification card issued under Chapter 46.19 RCW is a parking infraction with a monetary penalty of $250.00. In addition to any penalty or fine imposed under this subsection, $200.00 must be assessed.

(2) Inaccessible Access. It is a parking infraction, with a monetary penalty of $250.00, for a person to park in, block, or otherwise make inaccessible the access aisle located next to a space reserved for persons with physical disabilities. In addition to any penalty or fine imposed under this subsection, $200.00 must be assessed. The clerk of the court shall report all violations related to this subsection to the Washington State Department of Licensing.

(3) Parking without Placard/Plate. It is a parking infraction, with a monetary penalty of $250.00, for any person to park a vehicle in a parking place provided on private property without charge or on public property reserved for persons with physical disabilities without a placard or special license plate issued under Chapter 46.19 RCW. In addition to any penalty or fine imposed under this subsection, $200.00 must be assessed. If a person is charged with a violation, the person will not be determined to have committed an infraction if the person produces in court or before the court appearance the placard or special license plate issued under Chapter 46.19 RCW.

(4) A parking space or stall for a person with a disability shall be indicated by a vertical sign with the international symbol of access. The symbol shall be white on a blue background, as set forth in RCW 70.92.120. The sign may include additional language such as, but not limited to, an indication of the amount of the monetary penalty for parking in the space without a valid permit.

(5) Failure to Erect or Maintain Disabled Parking Space. 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 BMC 1.15.090 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. [Ord. 607 § 1 (Exh. A), 2014]

10.15.140 Penalties.

Except as otherwise provided by this chapter, 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, or other amount as provided in this chapter, 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. 607 § 1 (Exh. A), 2014; Ord. 262 § 14, 1999]