Chapter 12.45
PARKING

Sections:

Part I. General Provisions

12.45.010    Definitions.

12.45.020    Parking restrictions—Designation.

12.45.030    Penalty schedule.

12.45.040    Failure to respond—Unlawful.

Part II. Miscellaneous Rules

12.45.110    Illegal use—Parking payment devices.

12.45.120    Illegal use—Parking permits.

12.45.130    Repealed.

12.45.140    Erasing chalk marks.

12.45.150    Repealed.

12.45.160    No parking for certain purposes.

12.45.170    Expired or improper license plates.

12.45.180    Electric vehicle charging.

12.45.190    Electric vehicle charging in pay stall or space.

Part III. Prohibited Parking

12.45.200    Parking in alleys.

12.45.210    Parking and storage of trailers, truck tractors and large vehicles prohibited.

12.45.220    Parking prohibited on certain streets at certain times.

12.45.230    Restricted parking.

12.45.240    Permit parking only.

12.45.250    Downtown employee parking prohibited.

12.45.260    Repealed.

12.45.270    Parking stalls or spaces.

12.45.280    Parking near mailboxes.

Part IV. Overtime Parking

12.45.300    Time restrictions.

12.45.310    Prohibitions apply.

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

12.45.330    Additional parking regulations.

Part V. Peter Kirk Municipal Garage

12.45.400    Municipal garage use—Civil infractions.

12.45.410    Trespass warnings.

Part I. General Provisions

12.45.010 Definitions.

For the purpose of this chapter:

(1)    “Central business district” means the combination of areas which the city of Kirkland Zoning Code designates as CBD-1A, CBD-1B, CBD-2, CBD-3 or CBD-8.

(2)    “Central business district employee” means: (A) a person who is engaged for wages, credit or other consideration, or as a volunteer, for a business or nonprofit entity within the central business district, including temporary workers, contractors, and consultants; or (B) an employer of persons who work at a location within the central business district; or (C) a principal/owner of a business premises within the central business district.

(3)    “Employee-restricted parking areas” shall mean all parking spaces within the Lake and Central parking lot or the Marina Park parking lot that are not municipal permit parking spaces and any stall not marked “permit parking” in the Peter Kirk Municipal Garage located at the corner of Kirkland Avenue and Third Street.

(4)    “Municipal permit or garage parking” is parking or standing of motor vehicles on property owned, leased or operated by the city requiring the obtaining of permits, depositing of money or use of a credit or other payment card, or compliance with pavement designations for the privilege to park at that location and is subject to restrictions as enacted by the city.

(5)    “Operator” means every person who is in actual physical control of a vehicle, as herein defined, upon a public street or highway of the city.

(6)    “Overnight camping” means remaining in the garage at any time during the hours from midnight to five a.m. the following day, whether in a vehicle or otherwise.

(7)    “Overnight parking” means the parking of a vehicle in one spot continuously for a period exceeding six hours at any time during the hours from midnight of the day designated to five a.m. of the following day.

(8)    “Parking payment device” means any device used to aid in management and control of the parking of vehicles on city streets or other rights-of-way, including pay stations.

(9)    “Parking pay station” means any electronic device placed or erected adjacent to a parking space which, after deposit of money or use of a credit or other payment card, dispenses a proof of payment receipt to be displayed on the vehicle.

(10)    “Peter Kirk Municipal Garage” means the municipal garage owned by the city and located at the northeast corner of Third Street and Kirkland Avenue.

(11)    “Performing their duties” means being present at a place of the person’s employment anytime between the hours of nine a.m. and nine p.m.

(12)    “Person” means every natural person, firm, partnership, corporation, association or organization.

(13)    “Street” or “public street” includes all public ways, streets, highways and off-street parking facilities owned or maintained by the city.

(14)    “Vehicle” means every device capable of being moved upon a public highway and in, upon, or by which any person, or property, shall or may be transported or drawn upon any public highway excepting devices moved by human power. There is a prima facie presumption that the registered owner of a violator vehicle was the person who parked such vehicle.

(15)    Behavior that is “dangerous” is behavior that creates an imminent and unreasonable risk of injury or harm to either persons or property of another or the actor.

(16)    Behavior that is “illegal” is behavior that is prohibited by federal, state or city laws or regulations including, but not limited to, any of the following types of behavior:

(A)    Threatening another person by communicating either directly or indirectly to another person the intent to cause bodily injury in the future to the person threatened or to any other person; or

(B)    Selling or using alcohol, marijuana or drugs; or

(C)    Threatening or harassing behavior (e.g., fighting or threatening to fight, brandishing a weapon, stalking, verbally threatening to harm others or their property); or

(D)    Assault; or

(E)    Sexual misconduct or harassment (e.g., indecent exposure, offensive touching, sexual acts).

(17)    Behavior that is “unreasonably disruptive to other users” is behavior that is not constitutionally protected and that, in consideration of the nature, scope, use and purpose of the parking garage, unreasonably interferes with others’ use and enjoyment of such garage. Examples of behavior that may unreasonably interfere with others’ use and enjoyment of the garage include, but are not limited to, any of the following:

(A)    Use of unreasonably hostile or aggressive language or gestures; or

(B)    Unreasonably loud vocal expression or unreasonably boisterous physical behavior; or

(C)    Using electronic or other communication devices in a manner that is unreasonably disruptive to others; or

(D)    Unreasonably interfering with the free passage of staff or patrons in or on the garage property; or

(E)    Behavior that is unreasonably inconsistent with the normal use for which the garage was designed and intended to be used (e.g., overnight camping); provided, however, that individuals experiencing homelessness will be directed to available shelter beds or a different location within Kirkland where overnight camping is allowed. (Ord. 4718 § 1, 2020: Ord. 4366 § 1, 2012: Ord. 4217 § 1, 2009: Ord. 3952 § 2, 2004; Ord. 3534 § 1 (part), 1996)

12.45.020 Parking restrictions—Designation.

The chief of police or delegate or the director of public works or delegate may from time to time designate portions of streets of the city and property of the city as prohibited parking areas, restricted parking zones, municipal permit or garage parking, and/or parking payment device spaces. Such designation shall be shown by signage or other appropriate indicators. The same procedure may be followed in altering or abandoning a designation relating to parking. (Ord. 4718 § 2, 2020: Ord. 3952 § 3, 2004: Ord. 3534 § 1 (part), 1996)

12.45.030 Penalty schedule.

The court of competent jurisdiction for the city shall establish a schedule for monetary penalties for violations of this chapter which are civil infractions. The schedule shall incorporate any penalty amount which has been specified in this chapter. If no other penalty amount for a civil infraction under this chapter is specified on the penalty schedule or in this chapter, then the amount of the penalty shall be thirty-five dollars. (Ord. 4217 § 2, 2009: Ord. 3534 § 1 (part), 1996)

12.45.040 Failure to respond—Unlawful.

It is unlawful for a person who has been issued a civil infraction relating to parking, standing, stopping, or pedestrian infractions, defined by city ordinance, to fail to respond in the manner directed on the notice of infraction. Unless otherwise specified by state law or city ordinance, the penalty for such failure to respond shall be twenty-five dollars. This penalty is in addition to penalties imposed for the underlying infraction. (Ord. 4313 § 1, 2011: Ord. 4217 § 3, 2009: Ord. 3534 § 1 (part), 1996)

Part II. Miscellaneous Rules

12.45.110 Illegal use—Parking payment devices.

It is a civil infraction for any person to tamper with or open any parking payment device, deposit or cause to be deposited in any parking payment device any slug, button, or any other device or substance as substitution for legal tender of the United States or city of Kirkland parking tokens, or counterfeit or alter any parking pay station receipt. (Ord. 4217 § 4, 2009: Ord. 3952 § 4, 2004: Ord. 3534 § 1 (part), 1996)

12.45.120 Illegal use—Parking permits.

It is a civil infraction to display upon any vehicle a parking permit at a time or place in a manner not consistent with the terms of such permit, and, in addition to any other penalty prescribed by the provisions of this chapter, such unlawful display shall be sufficient cause for revocation of such permit. (Ord. 4217 § 5, 2009: Ord. 3534 § 1 (part), 1996)

12.45.130 Meter—Hooded.

Repealed by Ord. 4217. (Ord. 3534 § 1 (part), 1996)

12.45.140 Erasing chalk marks.

(a)    It is a civil infraction for any person to park a vehicle or permit a vehicle to remain parked on the streets knowing that time marks had been erased from such vehicle within the preceding ten hours. A registered owner and/or last operator of a vehicle shall be presumed to know when and whether time marks had been erased from such vehicle.

(b)    For the purpose of this section, the phrase “time marks had been erased” means that a city officer, agent or employee had placed chalk marks or other reference indicators of the time at which a vehicle was parked on the tires or other portion of a vehicle and, because of their meaning in parking enforcement, such marks were erased, removed or obscured, or an attempt was made to erase, remove or obscure them. There shall be a prima facie presumption that time marks which are missing were erased because of their meaning in parking enforcement. (Ord. 4217 § 7, 2009: Ord. 3534 § 1 (part), 1996)

12.45.150 Parking places reserved for physically disabled persons.

Repealed by Ord. 3934. (Ord. 3534 § 1 (part), 1996)

12.45.160 No parking for certain purposes.

It is a civil infraction to park a vehicle upon any roadway, public right-of-way, publicly owned and operated parking facility, or other public property for the principal purpose of:

(1)    Displaying such vehicle for sale or for advertising services for vehicles;

(2)    Greasing or repairing such vehicle except repairs necessitated by an emergency;

(3)    Displaying advertising without a city permit;

(4)    Displaying or selling merchandise from such vehicle without a city permit.

In addition to other remedies which the city may pursue, a motor vehicle which is in violation of this section for the second time within one week, after an interval of at least four hours, may be impounded according to the procedure set forth in Section 12.40.020. (Ord. 4217 § 8, 2009: Ord. 3534 § 1 (part), 1996)

12.45.170 Expired or improper license plates.

It is a civil infraction for any person to stop, stand or park any vehicle on any street or alley, or in any garage, parking area or other property operated by the city unless a valid license plate or plates are attached and displayed as required by RCW 46.16A.200. (Ord. 4510 § 1, 2016)

12.45.180 Electric vehicle charging.

It is a civil infraction for any person to stop, stand or park any vehicle in a city-owned electric vehicle charging station unless the vehicle is connected to the charging station and actively being charged. (Ord. 4510 § 2, 2016)

12.45.190 Electric vehicle charging in pay stall or space.

It is a civil infraction for any person to stop, stand or park any vehicle in a city-owned electric vehicle charging station surrounded by parking stalls which require a fee for parking, without paying the fee in the amount applicable to the surrounding parking stalls. (Ord. 4510 § 3, 2016)

Part III. Prohibited Parking

12.45.200 Parking in alleys.

It is a civil infraction to 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 to stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property.

Any motor vehicle parked or standing in violation of this section may be impounded immediately in the manner provided for in Section 12.40.020. (Ord. 4217 § 9, 2009: Ord. 3534 § 1 (part), 1996)

12.45.210 Parking and storage of trailers, truck tractors and large vehicles prohibited.

(a)    It is a civil infraction for any person to park or store a trailer upon any street, highway, off-street public parking facility, or way open to the public within the city, except as provided in this subsection.

(1)    For the purpose of this subsection, the word “trailer” includes boat trailer, camping trailer, house trailer, utility trailer, or any other vehicle or conveyance designed to be connected to or drawn by a motor vehicle or dray animal;

(2)    The traffic engineer is authorized to designate by proper signs off-street parking facilities adjacent to public parks, recreational areas, and boat launching sites where recreational trailers may be parked.

(b)    It is a civil infraction for any person to park or store a truck tractor or a vehicle of twenty-five thousand pounds gross weight or more upon any street, highway, off-street public parking facility, or way open to the public except as provided in this subsection.

(1)    For the purpose of this subsection, the words “truck tractor” include any vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn;

(2)    The planning director is authorized to designate areas which do not include or abut residential uses where vehicles regulated by this subsection may be parked or stored. A map indicating any such designated areas will be kept on file with the police department and will be available for public inspection.

(c)    A vehicle, trailer, or truck tractor which is in violation of this section may be impounded, according to the procedure set forth in Section 12.40.020, if the impoundment occurs at least twenty-four hours after tagging with notification of intent to impound for violation of this section. (Ord. 4217 § 10, 2009: Ord. 3534 § 1 (part), 1996)

12.45.220 Parking prohibited on certain streets at certain times.

With the exception of officially marked city vehicles used while conducting city business, it is a civil infraction to park or stand a motor vehicle in violation of the following parking prohibitions:

Prohibited Parking Areas

(a)    On streets or in a designated municipal permit or garage parking area where signs or pavement marking prohibits parking or standing. Violations of this subsection include, but are not limited to, parking or standing a motor vehicle where:

(1)    Curb is red, which shall mean no parking at any time;

(2)    Curb is yellow, which shall mean no parking due to use such as fire lane or delivery lane;

(3)    Bus stop is designated. A bus stop may be designated by red and yellow curb paint or by a sign. If a bus stop is designated only by a sign, then parking is prohibited within seventy-five feet of such sign.

(b)    In a restricted parking area designated per Section 12.45.020, except Sundays and city-designated holidays when Kirkland city offices are closed.

Furthermore, a motor vehicle left standing or parked in violation of this section constitutes an immediate safety hazard to the users of the public right-of-way and the general public. Such vehicle may be impounded and removed from the area under the supervision and authority of any city police officer. (Ord. 4602 § 1, 2017: Ord. 4217 § 11, 2009: Ord. 4049 § 1, 2006: Ord. 3626 § 1, 1998; Ord. 3534 § 1 (part), 1996)

12.45.230 Restricted parking.

It is a civil infraction to park or stand a motor vehicle in a street zone where a sign or pavement markings restrict parking, in violation of the applicable restrictions, which include the following:

 

May be referred to as the following categories:

Restriction

(a)

No parking—7:00 a.m. to 9:00 a.m. (except on Saturdays, Sundays and legal holidays)

(b)

No overnight parking

(c)

No overnight parking on Sunday, Tuesday or Thursday

(d)

No overnight parking on Monday, Wednesday or Friday

(e)

Loading zone only—No parking allowed between the hours of 9:00 a.m. and 8:00 p.m., except that bona fide delivery vehicles may be allowed to stand in this zone for such time as may be reasonably necessary for the making of delivery or pickup of goods at a destination within eighty feet of that portion of the street occupied by the delivery vehicle

(f)

No parking permitted except that vehicles with boat trailer attached may stand for a period not to exceed twenty minutes for the purpose of rigging and securing boat to trailer

(g)

No parking—8:00 a.m. to 2:00 p.m. (except on Saturdays, Sundays and legal holidays)

(h)

No parking—10:00 p.m. to 6:00 a.m.

(i)

No parking—8:00 a.m. to 2:00 p.m. on school days, except by city of Kirkland permit, on both sides of the specified portion of the following streets: 111th Avenue NE between NE 128th Street and NE 132nd Street; NE 131st Street between 110th Avenue NE and 111th Avenue NE; 110th Avenue NE between NE 128th Street and NE 131st Street; NE 128th Street between 110th Avenue NE and 112th Place NE; and NE 128th Street west of 110th Avenue NE to a line which is the southerly extension of the western boundary of the power line easement which lies west of and parallel to 110th Avenue NE

(j)

No parking at any time, except by city of Kirkland permit, on both sides of Lake Avenue West, beginning immediately northwest of 115 Lake Avenue West and continuing just past 295 Lake Avenue West

In addition to the other remedies which the city may pursue, a motor vehicle which is in violation of this section for the second time within one week after an interval of at least four hours may be impounded according to the procedure set forth in Section 12.40.020. (Ord. 4217 § 12, 2009: Ord. 4095 § 1, 2007: Ord. 3648 §§ 1, 2, 1998; Ord. 3626 § 2, 1998: Ord. 3534 § 1 (part), 1996)

12.45.240 Permit parking only.

It is a civil infraction to park or stand a motor vehicle as follows:

(a)    In a portion of a designated municipal garage or off-street parking area which is not marked as a parking space;

(b)    In a parking space in a municipal garage or off-street parking area which requires a permit unless a parking permit allowing for such parking is displayed in a conspicuous place able to be seen from outside the vehicle.

In addition to other remedies which the city may pursue, a motor vehicle which is in violation of this section for the second time within one week, after an interval of at least four hours, may be impounded according to the procedure set forth in Section 12.40.020. (Ord. 4217 § 13, 2009: Ord. 3534 § 1 (part), 1996)

12.45.250 Downtown employee parking prohibited.

(a)    It is a civil infraction for a central business district employee to park a vehicle within the employee-restricted parking areas, described in subsection (d) of this section, while such person is performing his or her duties as defined herein.

(b)    The provisions of this section shall be effective from the hours of nine a.m. to nine p.m., except Sundays and holidays.

(c)    The prohibition of this section shall apply whenever the central business district employee is at their place of employment within the central business district anytime between the hours of nine a.m. and nine p.m.

(d)    The employee-restricted parking areas where central business district employee parking is prohibited include any portion of the following:

(1)    Lake and Central parking lot;

(2)    Marina Park parking lot; or

(3)    Any stall not marked “permit parking” in the parking garage located at the corner of Kirkland Avenue and Third Street.

(e)    For imposition of the penalties provided in this section, there is a prima facie presumption that the registered owner of the violator vehicle at the time of the violation was the person who parked such vehicle.

(f)    For any violation of this section, the following penalties shall be imposed:

(1)    First violation within any twelve consecutive months: warning;

(2)    Second violation within any twelve consecutive months: thirty-five dollars;

(3)    Third violation within any twelve consecutive months: fifty dollars;

(4)    Fourth violation and each succeeding violation within any twelve consecutive months: seventy-five dollars. (Ord. 4366 § 3, 2012: Ord. 4217 § 14, 2009: Ord. 3997 § 1, 2005: Ord. 3860 § 1, 2002: Ord. 3845 § 1, 2002: Ord. 3634 § 1, 1998)

12.45.260 Reporting of employee vehicles.

Repealed by Ord. 4366. (Ord. 4217 § 15, 2009: Ord. 3997 § 2, 2005: Ord. 3702 § 1, 1999: Ord. 3634 § 2, 1998)

12.45.270 Parking stalls or spaces.

Where parking stalls or spaces are marked or painted upon curb and/or pavement of the street or alley, it is a civil infraction for any person to park any vehicle so that any part of the vehicle occupies more than one space, protrudes beyond the markings designating the space, or is in the adjacent area used for safely maneuvering into and out of a designated parking space. (Ord. 4510 § 4, 2016)

12.45.280 Parking near mailboxes.

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, or momentarily to pick up or discharge a passenger or passengers, no person shall park a vehicle, whether occupied or not, within seven feet and six inches on either side of a public or private curbside mailbox between the hours of eight a.m. and five p.m. (Ord. 4510 § 5, 2016)

Part IV. Overtime Parking

12.45.300 Time restrictions.

It is a civil infraction called “overtime parking” for a person to park a vehicle or permit a vehicle under his or her control to be or remain parked on the street (including all public ways and off-street parking facilities owned or maintained by the city) in violation of the following:

(a)    Parking time restrictions including zones in which parking is restricted to: thirty minutes; one hour; two hours; three hours; four hours; or six hours.

(b)    In any space regulated by a parking pay station in any of the following circumstances; provided, this subsection shall not apply to the act of parking or time necessary to obtain a proof of payment receipt from the parking pay station:

(1)    Unless an unexpired proof of payment receipt is properly displayed, in accordance with the directions on the receipt, in such a manner that the expiration time and date are readily visible from the exterior. For motorcycles, receipts shall be affixed where clearly visible.

(2)    For a consecutive period of time longer than that limited period of time for which parking is lawfully permitted, as indicated on the legend on the parking pay station, irrespective of the amount paid. (Ord. 4217 § 16, 2009: Ord. 3952 § 5, 2004; Ord. 3534 § 1 (part), 1996)

12.45.310 Prohibitions apply.

The provisions of “Part IV—Overtime Parking” of this chapter shall not relieve any person from the duty to observe other provisions of this code regulating the stopping or parking of vehicles. (Ord. 3534 § 1 (part), 1996)

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

(a) 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:

(1) Stop, stand, or park a vehicle:

(A) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

(B) On a sidewalk or street planting strip;

(C) Within an intersection;

(D) On a crosswalk;

(E) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless official signs or markings indicate a different no-parking area opposite the ends of a safety zone;

(F) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

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

(H) On any railroad tracks;

(I) In the area between roadways of a divided highway including crossovers;

(J) At any place where official signs prohibit stopping; or

(K) On any on-street path or lane designated by official signs or markings for the exclusive use of bicycles; except when such stopping, standing or parking causes only minor incidental encroachment into an on-street path or lane designated for the exclusive use of bicycles by official signs or markings.

(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

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

(B) Within fifteen feet of a fire hydrant;

(C) Within twenty feet of a crosswalk;

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

(E) Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of said entrance when properly signposted; or

(F) At any place where official signs prohibit standing.

(3) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers:

(A) Within fifty feet of the nearest rail of a railroad crossing; or

(B) At any place where official signs prohibit parking.

(b) Parking or standing shall be permitted in the manner provided by law at all other places except a time limit may be imposed or parking restricted at other places, but such limitation and restriction shall be by city ordinance or county resolution or order of the secretary of transportation upon highways under their respective jurisdictions.

(c) 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.

(d) It shall be unlawful for any person to reserve or attempt to reserve any portion of a highway for the purpose of stopping, standing, or parking to the exclusion of any other like person, nor shall any person be granted such right.

(e) Unless otherwise specified by state law or city ordinance, the penalty for prohibited stopping, standing or parking in specified places shall be forty-five dollars. (Ord. 4529 § 1, 2016: Ord. 4217 § 17, 2009)

12.45.330 Additional parking regulations.

It is a civil infraction to park or stand a motor vehicle in violation of the following parking regulations:

(1)    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 twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.

(2)    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 twelve 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 twelve inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. (Ord. 4234 § 1, 2010)

Part V. Peter Kirk Municipal Garage

12.45.400 Municipal garage use—Civil infractions.

The Peter Kirk Municipal Garage is reserved for use as follows:

(1)    The surface parking lot above the parking garage and the ramp to the level below is reserved for use by library patrons during the library’s posted hours of operation Monday through Sunday, excluding library holidays.

(2)    Garage parking below the surface parking lot and the ramp to the level below is reserved for members of the public, including library patrons, Monday through Sunday, and between the hours of five a.m. and midnight limited to four hours. Central business district employees with valid city parking permits may park on the lower level and the ramp to the lower level between the hours of five a.m. and five p.m. Monday through Friday. Permitted areas are available to the general public on weekends and holidays. Parking shall be in designated areas.

(3)    Garage parking at times not allowed by this section is prohibited and constitutes a civil infraction in accordance with Section 12.45.030; provided, however, that overnight parking shall not constitute a civil infraction. This penalty is in addition to any other penalties imposed for the underlying infraction. (Ord. 4718 § 3, 2020)

12.45.410 Trespass warnings.

Trespass warnings at the parking garage, including its surface lot.

(1)    City police officers are authorized to issue a trespass warning to any individual who the officer has probable cause to believe has violated any city ordinance, state statute, or government rule or regulation relating to or prohibiting conduct that is dangerous, illegal, or unreasonably disruptive to other users of the parking garage, as defined in this chapter, while such individual is on or within such garage.

(2)    Trespass warnings may be delivered in person to the individual or by first class mail to the individual at the individual’s last known address.

(3)    The individual need not be charged, tried, or convicted of any crime or infraction in order for the trespass warning to be issued or to be effective. The warning may be based upon observation by a police officer or a city employee or may be based upon a civilian report that would ordinarily be relied upon by police officers in the determination of probable cause.

(4)    If the individual:

(A)    Has not been excluded from the parking garage by a trespass warning issued within one year prior to the violation, then the warning may exclude the individual from the garage for a period not exceeding seven days from the date of the warning.

(B)    Has been the subject of only one prior trespass warning related to the garage issued within one year prior to the current violation, then the warning may exclude the individual from the garage for a period of not more than ninety days from the date of the current warning.

(C)    Has been the subject of two or more prior trespass warnings related to the garage and issued within one year prior to the current violation, then the warning may exclude the individual from the garage for a period of not more than one year from the date of the current warning.

(5)    The parking garage trespass warning shall be in writing, shall contain the date of issuance, shall describe the behavior that is the basis for the trespass warning, shall specify the length and place of exclusion, shall be signed by the issuing police officer, and shall state the consequences for failure to comply. A trespass warning hereunder shall not prohibit access to another city property or place that is unrelated to the garage.

(6)    For good cause, the city manager or designee may rescind, shorten or modify a trespass warning issued. A written request for review of a trespass warning must be delivered to the city clerk no later than two business days after it is issued.

(A)    The city manager or designee will, within three business days of receipt of a request for review of any parking garage trespass warning that excludes the alleged individual for seven or fewer days, review the decision;

(B)    The city manager or designee will, within five business days of receipt of a request for review of any trespass warning that excludes the alleged individual for more than seven days, review the decision;

(C)    The city clerk will notify the alleged individual of the date, time, and place or telephone number at which the review will be conducted;

(D)    The review decision shall be communicated no later than two business days following the review;

(E)    As a follow-up to verbal communication, specify how a written decision will be served on the alleged individual; and

(F)    At the end of every written decision, inform the alleged individual that such individual has the right to seek judicial review of the decision and that the time frame for seeking judicial review runs from the date of service of the written decision.

(7)    For purposes of this section, “good cause” to rescind, shorten or modify a parking garage trespass warning shall be found where:

(A)    The alleged individual demonstrates by a preponderance of the evidence that such individual’s conduct was intended to be expressive conduct protected by the federal or state constitutions; or

(B)    The individual would not have known and was not given prior warning that the conduct in question was subject to a trespass warning; or

(C)    The trespass warning was based solely upon the statement of a third party, was not observed personally by the issuing officer or a city or other government employee, would not ordinarily be relied upon by police officers in the determination of probable cause, and the alleged individual claims that such individual did not commit the action for which such individual was warned; or

(D)    In the judgment of the city manager or designee, the circumstances warrant a modification or rescission of the trespass warning. The city manager or designee shall rescind the trespass warning if, considering all the circumstances, the city manager or designee finds that reasonable minds could differ on the question of whether the conduct in question was unreasonably disruptive to others at the garage at that time. The review by the city manager or designee shall constitute the only city review available for a trespass warning.

(8)    At the review hearing, the violation must be proved by a preponderance of the evidence in order to uphold the parking garage trespass warning. The city manager or designee shall consider a sworn report or declaration from the officer who issued the trespass warning or upon whose observation the trespass warning was based, without further evidentiary foundation, as prima facie evidence that the individual committed the violation as described. The city manager or designee may consider information that would not be admissible under the evidence rules in a court of law but that the city manager or designee considers relevant and trustworthy. If the warning was issued because of the alleged violation of any criminal law, the individual need not be charged, tried, or convicted for the warning to be upheld.

(9)    If the city manager or designee rescinds an exclusion, for good cause or because the violation was not proved, the exclusion shall not be considered a prior trespass warning for purposes of subsection (4) of this section.

(10)    The decision of the city manager or designee will be the city’s final decision. An individual seeking judicial review of the city’s final decision must file an application for a writ of review in King County superior court within fifteen days of receipt of the city’s final decision.

(11)    The trespass warning shall remain in effect during the pendency of any administrative or judicial proceeding.

(12)    No determination of facts made by the city manager or designee shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding.

(13)    This section shall be enforced so as to emphasize voluntary compliance with laws and garage rules and so that inadvertent minor violations of this section can be corrected without resort to a trespass warning.

(14)    Any person who is found on the parking garage premises in violation of a trespass warning issued in accordance with this chapter for a period longer than seven days and who accordingly has had the right to a hearing regarding the trespass warning, may be arrested for trespassing, except as otherwise provided in subsection (15) of this section; and provided, however, that nothing herein contained shall prevent an individual from being removed if necessary for overnight camping or attempting to remain in the garage after hours as provided for herein.

(15)    The chief of police or designee may upon request authorize an individual who has received a trespass warning in accordance with this chapter to enter the garage to exercise such constitutionally protected free speech rights if there is no other reasonable alternative location to exercise such rights. Such authorization must be in writing and specify the duration of the authorization and any conditions thereof. The chief of police or designee shall issue a decision on a request for parking garage entry by the recipient of a trespass warning during a period of exclusion no later than forty-eight hours after receipt of the request.

(16)    Any constitutionally protected action or speech is excluded from the prohibited behavior listed in this section.

(17)    Nothing in this section limits the ability of the city to concurrently enforce any other city ordinance, state statute, or government rule or regulation relating to or prohibiting conduct that is dangerous, illegal, or unreasonably disruptive to other users of the parking garage, and the trespass warnings process set forth in this section does not apply in circumstances where an individual has refused to leave the parking garage after hours, except as specifically otherwise provided for herein. (Ord. 4718 § 4, 2020)