Chapter 8.54
RESIDENTIAL PARKING ZONES

Sections:

8.54.000    Purpose.

8.54.010    Residential parking permits defined.

8.54.015    Revisions to zone boundaries.

8.54.020    Residential parking zones authorized.

8.54.030    Designation of residential parking zones.

8.54.050    Eligibility for residential parking permits.

8.54.100    Applications for permits.

8.54.120    Residential parking permit description.

8.54.150    Use and validity of permits.

8.54.180    Visitors’ permits.

8.54.190    Childcare, preschool and child-related permits.

8.54.200    Service vehicles.

8.54.220    Disabled parking.

8.54.250    Unlawful acts.

8.54.300    Revocation of permits.

8.54.320    Revocation – Director of finance department duties.

8.54.350    Appeal.

8.54.400    Penalties.

8.54.999    Exhibits.

8.54.000 Purpose.

This chapter is adopted to help preserve parking opportunities within certain defined residential areas of the city which, due to the high demand for parking created by Central Washington University (CWU), have extremely limited on-street parking available, and to encourage CWU staff, faculty, students and visitors to utilize the parking available on campus. [Ord. 4085, 1997.]

8.54.010 Residential parking permits defined.

When properly issued and displayed, a residential parking permit (“permit”) shall exempt a vehicle, while parked on a street or alley within a specific limited parking zone for which the permit was issued, from citation for parking longer than the posted time limit for that particular zone and no other; provided, however, the permit shall not authorize parking for more than 24 consecutive hours in any one location. The permit shall not guarantee a parking space, nor shall it exempt the vehicle or operator from observing zones where parking is prohibited at all times, including but not limited to no parking zones, load zones, and fire zones. [Ord. 4055 § 1, 1996.]

8.54.015 Revisions to zone boundaries.

The following requirements are established for the revision of the residential parking zone (RPZ) boundaries as defined by the exhibits in ECC 8.54.999:

A.    Request must be made in writing to the city of Ellensburg public works and utilities department;

B.    Revisions to the RPZ boundaries shall be in minimum one-block segments (one side of roadway). In situations where the block length exceeds 500 lineal feet, a revision of a minimum of 300 lineal feet in length will be allowed;

C.    The RPZ boundaries shall remain contiguous and no revision shall create pockets of non-RPZ parking areas within the outer boundaries of the overall RPZ zones;

D.    The written request(s), as described in subsection (A) of this section, shall have the support of at least 60 percent of the immediate adjacent property owner(s), based upon frontage foot of the subject proposed modification. Written support shall be in the form of either a letter or petition that shall include the signatures of the potentially affected property owners; and

E.    Council adoption of an ordinance modifying the RPZ boundaries. [Ord. 4804 § 3, 2018; Ord. 4676 § 1, 2014.]

8.54.020 Residential parking zones authorized.

The city council may establish a residential parking zone which may have one or more of the following provisions:

A.    Parking in the street or alley is reserved for the exclusive use by the owners of abutting properties and/or residents in a prescribed vicinity; vehicles used by their visitors; and service vehicles having business in the street or with the residents; and/or

B.    Parking in the street or alley is reserved during certain posted hours for such exclusive use and available at all other times without additional restriction; and/or

C.    Time limits are established for parking in the street or alley which apply to all vehicles except vehicles owned by or used by such residents, their visitors or service vehicles of persons having business in the street or with the residents.

Residential parking zones shall be appropriately signed or marked.

The city council may temporarily suspend the parking limitations imposed by this chapter for major public events, such as but not limited to the Kittitas County Fair and Rodeo, major Central Washington University events, and Election Day. [Ord. 4055 § 1, 1996.]

8.54.030 Designation of residential parking zones.

A permit or visitors’ permit must be displayed in a prominent place on all vehicles parked within the area or areas designated and identified by the official residential parking zone map, as amended, attached hereto as Exhibit “A” and by this reference incorporated herein as if set out in full in the text of this chapter. The time during which parking will be restricted in each zone is set out in Exhibit “B,” as amended, which is by this reference also incorporated into this chapter.

Except on a legal holiday, no person shall stop, stand or park a vehicle in violation of the posted or marked restrictions or when a permit or other authorization issued by the city is required as a condition for parking unless the same or a card or decal issued pursuant to RCW 46.16.381 or recognized under RCW 46.16.390 is displayed in a prominent place on the vehicle. [Ord. 4317, 2002; Ord. 4085, 1997; Ord. 4061 § 1, 1996; Ord. 4055 § 1, 1996.]

8.54.050 Eligibility for residential parking permits.

A.    Eligibility. Permits may be issued only to persons who reside within a residential parking zone area or to businesses located and licensed to operate within such an area; provided, however, a home occupation is not separately eligible for the issuance of permits as a business; and provided further, one permit may be issued to the occupants of any residential property located contiguous to a residential parking zone. For purposes of this chapter, in order to qualify as a residence, a living unit must be an approved fully self-contained building, or portion of a building, which provides for separate living, sleeping, eating, cooking and sanitation facilities, as further defined and required by the provisions of the International Building Code. Additionally, residence or business location shall be determined by the street address of the structure in which the applicant resides or the business is located, as determined by the U.S. Postal Service, or such other street upon which the residence fronts and for which the applicant can present adequate evidence that the proposed alternative frontage adequately reflects the actual orientation and location of the structure in which the applicant resides.

B.    Proof of Residence. Proof of residence shall be established by:

1.    Display of a valid driver’s license reflecting a current address within the area for which the permit is issued; or

2.    Display of a deed, lease, rental agreement, utility account or other acceptable document showing residency. [Ord. 4068 § 1, 1996; Ord. 4055 § 1, 1996.]

8.54.100 Applications for permits.

A.    Authorization of Finance Department. The Ellensburg finance department is authorized to issue permits to qualified residents and businesses.

B.    Application Form. Applications for permits shall be made on forms which shall include:

1.    The name, address, telephone number and vehicle license number of the applicant;

2.    The make, model, color and year of the vehicle or vehicles for which the permit is sought;

3.    The type of document used to establish eligibility for the permit as required by ECC 8.54.050;

4.    The license plate number and state of the vehicle;

5.    If a business, the average number of full-time equivalent employees employed by the business;

6.    The number of permits requested/ issued;

7.    A statement immediately above where the applicant is to sign stating that the applicant has been provided with an opportunity to examine this chapter and is familiar with the terms thereof. All applications shall be signed by the applicant.

C.    No more than two permits shall be issued to any one residence or business; provided, however, the finance department may issue additional permits if an applicant demonstrates he or she occupies a residence and there are more than three motor vehicles owned or controlled by the occupants of that residence and there is insufficient off-street parking available to accommodate the additional vehicle or vehicles. These additional permits would not be subject to exchange for visitors’ permits. [Ord. 4108, 1997; Ord. 4068 § 2, 1996; Ord. 4055 § 1, 1996.]

8.54.120 Residential parking permit description.

The permit shall contain the following information:

A.    The residential parking zone for which the permit is issued; and

B.    The expiration date of the permit. [Ord. 4055 § 1, 1996.]

8.54.150 Use and validity of permits.

A.    Display. Permits shall be displayed in the top center of the vehicle’s front window; provided, however, any residential parking permit (decal) affixed to the rear window of a vehicle prior to the effective date of the ordinance codified in this section may be maintained in that position until the expiration date of the permit.

B.    Validity. Permits shall be valid only in the zone designated, and only for so long as the permit holder retains the vehicle and resides at the address specified in his or her application. Permits are nontransferable. Permits shall be valid during the period September 1st through August 31st of the following year.

C.    Expiration. Permits shall expire on August 31st of each calendar year. [Ord. 4085, 1997; Ord. 4055 § 1, 1996.]

8.54.180 Visitors’ permits.

A.    The finance department is hereby authorized to issue visitors’ permits which shall be valid for a period of up to one year. Two visitors’ permits shall be issued upon request for each residential address; provided, however, upon request the finance department may substitute residential parking zone permits for visitors’ permits or visitors’ permits for residential parking zone permits. A business will be issued upon request with visitors’ permits equal in number to the average number of full-time equivalent employees employed by the business. No visitors’ permit shall be issued to the occupant of a residence located contiguous to a residential parking zone. Visitors’ permits may be temporarily lent or borrowed between residents within the same residential parking zone for which the visitors’ permit was issued.

For purposes of this section, the term “full-time equivalent” refers to the calculation made to determine the number of employees, both part-time and full-time, employed by a particular business. The sum of this calculation is stated in a manner that treats part-time employees, in the aggregate, as a whole or a fraction of a full-time employee. Thus, a business which employs two full-time and three half-time employees employs a full-time equivalent of three and one-half employees. Normal rules of fraction “rounding” apply for determining the number of visitors’ permits that may be issued to a business.

B.    Visitors’ permits shall be issued in conjunction with the issuance or renewal of a residential parking permit, for those individuals or businesses holding a valid residential parking permit or for the calendar year or any unexpired portion thereof for other qualified applicants.

C.    Additional visitors’ or temporary guest permits may be issued to a resident or business within a residential parking zone upon application and proof of need. Such permits shall be valid for a period not to exceed three days in duration, with the expiration date of the permit clearly marked on the permit. An application for a temporary visitors’ or guest permit may be made over the telephone, with the permit or permits delivered to the applicant through the regular United States Mail.

D.    Upon application, the finance department shall issue up to 20 visitors’ permits to any church located within a residential parking zone. [Ord. 4108, 1997; Ord. 4068 § 3, 1996; Ord. 4055 § 1, 1996.]

8.54.190 Childcare, preschool and child-related permits.

A.    Permit Authorized – Purpose. The city council recognizes there are childcare, preschool and child art instruction businesses located in the residential parking zones. (A “child art instruction” includes, e.g., music and dance lessons and art instruction.) The city council further recognizes that the normal operation of such businesses may require a parent or guardian of a child, especially of a young child, to leave his or her vehicle to drop a child off at or pick a child up from one of the businesses. To accommodate such activities, a child-related permit is authorized to permit short-term parking by a parent or guardian within the block in which the licensed childcare, preschool or art instruction business is located.

B.    Application Form. Applications for permits shall be made to the Ellensburg finance department on forms which shall include:

1.    The name, address, and telephone number of the business;

2.    The business must indicate whether it possesses a current city business license;

3.    The number of children and parents or guardians expected to be served in an average week; and

4.    The number of permits requested/ issued.

C.    Permit Issuance. The finance department is authorized to issue child-related short-term parking permits to qualified daycare, preschool and art instruction businesses. The reissuance of individual permits to parents or guardians shall be the responsibility of the business operator. The permits shall be issued for the specific street and block upon which the business is located.

D.    Permit Term and Use Limitation. A child-related short-term parking permit shall be valid for a period of up to one year and shall expire on August 31st of each year. The permit allows a parent or guardian to park for a period not to exceed 45 minutes and is to be used exclusively for the parent or guardian to either drop a child off at or pick a child up from childcare, preschool or art instruction or to accompany the child during instruction.

E.    Permit Location. Child-related short-term parking permits should be displayed near the middle of the vehicle’s dashboard, clearly visible from outside the vehicle. [Ord. 4168, 1998.]

8.54.200 Service vehicles.

Service vehicles parked in residential parking zones shall be exempt from holding a residential parking permit while making service calls to residential dwellings or businesses within the zone and exempt from posted time limits. Such service vehicles shall either display a sign provided by the city to indicate the vehicle is a service vehicle or be clearly and appropriately marked or signed as a service vehicle on the exterior of the vehicle. In the event a sign provided by the city is used, the sign shall be displayed in the windshield on the street side of the vehicle (driver’s side). [Ord. 4055 § 1, 1996.]

8.54.220 Disabled parking.

The parking restrictions established for a residential parking zone shall not limit the parking of vehicles displaying a card or decal issued pursuant to RCW 46.16.381, relating to disabled persons’ parking privileges. [Ord. 4055 § 1, 1996.]

8.54.250 Unlawful acts.

It shall be unlawful to do any of the following:

A.    To make any false or misleading statement in application for a permit.

B.    To transfer a permit to another person; provided, however, visitors’ permits may be temporarily lent or borrowed between residents of a residential parking zone.

C.    To fraudulently alter a permit or visitors’ permit in any manner whatsoever.

D.    To improperly display the permit or visitors’ permit or to violate any terms or conditions under which the permit or visitors’ permit was issued.

E.    To use or permit to be used a revoked or suspended permit.

F.    To copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit or permits or to knowingly use or display a facsimile or counterfeit permit or visitors’ permit in order to evade the time limitations applicable within a residential parking zone. [Ord. 4055 § 1, 1996.]

8.54.300 Revocation of permits.

Permits and/or visitors’ permits may be revoked by the director of the finance department for any of the following reasons:

A.    The permit holder has made any false, misleading or incomplete statement in the application.

B.    Violation of any of the provisions of this chapter. [Ord. 4055 § 1, 1996.]

8.54.320 Revocation – Director of finance department duties.

If the director of the finance department finds a permit and/or visitors’ permit should be revoked for any of the reasons set forth in ECC 8.54.300, he or she shall cause a written notice to be sent to the permit holder at the address contained on the application. The notice shall contain the following information:

A.    Advise the permit holder that the permit and/or visitors’ permit will be revoked on a specified date which shall not be fewer than 10 nor more than 13 days from the date of the letter.

B.    Advise the permit holder that unless a written notice of appeal, setting forth the reasons for the appeal, is filed with the finance department not later than the date set forth in subsection A of this section, the permit will be deemed revoked.

C.    Advise the permit holder that if a written notice of appeal is filed within the required time, the date, time and place of the hearing will be set.

D.    The reasons for the revocation. [Ord. 4055 § 1, 1996.]

8.54.350 Appeal.

Upon receipt of the appeal, the city manager or the manager’s designee shall set a date for a hearing within 30 days of the receipt of the notice of appeal and notify the appellant of the date, time and place of the hearing. The city manager or the manager’s designee shall render the decision within 10 days after the hearing is closed, reduce the decision to writing and include a statement of the reasons for the decision. The city manager or his or her designee may affirm or reverse the revocation decision or order suspension for a specified period. [Ord. 4055 § 1, 1996.]

8.54.400 Penalties.

The basic penalty for parking in violation of this chapter shall be a $25.00 fine; provided, however, upon a second violation in any 12-month period the penalty shall be $50.00 and upon a third or succeeding violation in any 12-month period the penalty shall be $75.00; provided further, warning citations shall be issued for such violations during the first 15 calendar days after the creation of a residential parking zone or change in enforcement hours of an existing residential parking zone. For the purpose of determining increased penalties under this section, the notices of infraction shall have been issued on the same vehicle under the same ownership during the 12-month period.

An additional monetary penalty of $25.00 shall be imposed for failure to respond to a notice of traffic infraction relating to parking.

Any person violating any other provision of this chapter shall be guilty of a misdemeanor and upon conviction may be punished by a fine not to exceed $1,000. [Ord. 4350, 2002; Ord. 4334, 2002; Ord. 4055 § 1, 1996.]

8.54.999 Exhibits.

Exhibit “A”

Exhibit “B”

All that area shown on the official map north of University Way shall have on-street parking restricted to vehicles containing RPZ permits, or signed service vehicles, during the hours of 8:00 a.m. to 5:00 p.m., Monday through and including Friday.

All that area shown on the official map south of University Way shall have on-street parking restricted to vehicles containing RPZ permits, or signed service vehicles, during the hours of 6:00 a.m. to 6:00 p.m., Monday through and including Friday, except for the north side of Seventh Ave. between Walnut St. and Anderson St., which shall not be subject to residential parking zone restrictions. [Ord. 4698 § 1 (Exh. A), 2015; Ord. 4564 §§ 1, 2, 2010; Ord. 4093, 1997; Ord. 4085, 1997; Ord. 4061, 1996; Ord. 4055, 1996.]