Chapter 10.20
PARKING ZONES

Sections:

10.20.010    Purpose.

10.20.020    Definitions.

10.20.030    Diagonal parking permitted in designated locations.

10.20.040    Parking – Prohibited during certain hours on certain streets.

10.20.045    Vendor on-street parking – Prohibited.

10.20.050    Residential parking zones – Authority.

10.20.060    Residential parking zones – Violation.

10.20.070    Residential parking zones – Abuse of privileges.

10.20.080    Residential parking zone – Exclusive use by residents – Designated.

10.20.085    One-hour parking – Zones designated.

10.20.090    Two-hour parking – Zones designated.

10.20.093    Three-hour parking – Zones designated.

10.20.095    Loading/unloading only – Zones designated.

10.20.097    Passenger loading and unloading – Zones designated.

10.20.100    No parking – Zones designated.

10.20.105    Repealed.

10.20.110    School zones designated.

10.20.120    Service parking in regulated parking zones – Permitted when.

10.20.130    Repair on public property prohibited – Exception.

10.20.140    Mail receptacles.

10.20.150    Parking over 24 hours prohibited.

10.20.160    Time limit zones.

10.20.170    Parking restrictions for recreational vehicles.

10.20.175    Parking restrictions for commercial and large-sized vehicles.

10.20.180    Occupation of recreational vehicle.

10.20.185    Alley parking.

10.20.190    Parking regulations – Authority – Mayor.

10.20.200    Responsibility – Presumptions.

10.20.210    Penalties for parking infractions.

10.20.220    Failure to comply with notice of parking.

10.20.230    Municipal judge.

10.20.240    Notice of infraction – Determination final unless contested – Form.

10.20.250    Response to notice of parking infraction – Contesting determination – Hearing – Failure to respond or appear.

10.20.260    Collection – Authorized.

10.20.270    Impoundment of vehicles with unpaid tickets.

10.20.280    Rules and regulations.

10.20.290    Parking rates.

10.20.010 Purpose.

The parking of motor vehicles is properly regarded as incident to travel on public thoroughfares. The purpose of this chapter is to promote the health, safety, and general welfare of the public by providing for public parking of motor vehicles. (Ord. 3304 § 5, 2005).

10.20.020 Definitions.

For the purpose of this chapter, the following terms shall have the following definitions:

A. “Parking facility” or “parking facilities” shall mean any structure, garage, or parking lot, owned or controlled by the city of Mount Vernon, at which parking is made available to the public.

B. “Recreational vehicle” shall include all travel trailers, tent trailers, boats, boat trailers, snowmobile trailers or any similar vehicle. The term shall also include any “motor home” or “camper” as such terms are defined in RCW 82.50.010, which definitions are adopted by reference.

C. “Commercial vehicle” shall mean any truck and/or trailer, truck and/or tractor or semi-trailer or any combination thereof, all nonmotorized vehicles, or trailers designed to be or actually attached or connected to a motor vehicle, or semi-truck or any other conveyance which is over 80 inches in width. “Commercial vehicle” shall not be construed to include “recreational vehicles,” as defined in subsection B of this section, not used for commercial purposes. (Ord. 3648 § 1, 2015; Ord. 3304 § 5, 2005).

10.20.030 Diagonal parking permitted in designated locations.

Diagonal parking shall be permitted on the following streets:

A. On the south side of West Division Street from Ball Street to 800 feet west of Wall Street;

B. On the south side of Kincaid Street from 14th Street (projected) to 15th Street. (Ord. 3304 § 5, 2005).

10.20.040 Parking – Prohibited during certain hours on certain streets.

When signs are erected giving notice thereof, no person shall park a vehicle between the hours and/or on the days specified on such signs. Any vehicles parked in violation of this section shall be subject to immediate impoundment of the vehicle at the owner’s expense, in addition to any other penalty provided by this chapter. No person shall park a vehicle on the following streets at the listed times and locations:

Street

Extent

Side

Kulshan Avenue

2400-2500 blocks

East and North, East End

Mondays between 8 a.m. and 12 p.m.

N. 26th

1300-1600 blocks Kulshan to Laventure

East

Mondays between 8 a.m. and 12 p.m.

Kulshan View

2300 block

South

Mondays between 8 a.m. and 12 p.m.

S. 3rd

Section to the 1900 block

West

Mondays between 9 a.m. and 12 p.m.

East

Tuesdays between 9 a.m. and 12 p.m.

Stanford

Division to N. 21st

East

Tuesdays between 9 a.m. and 12 p.m.

(Ord. 3482 § 1, 2010; Ord. 3443 § 1, 2009; Ord. 3350 § 1, 2007; Ord. 3304 § 5, 2005).

10.20.045 Vendor on-street parking – Prohibited.

Notwithstanding Chapter 12.22 MVMC, when signs are erected giving notice thereof, vendor street parking is prohibited upon the following streets:

Street

Extent

Side

South 18th

300 to 900 blocks

Both

Any vehicle parked in violation of any provision of this section shall be subject to impoundment of the vehicle at the owner’s expense. (Ord. 3532 § 2, 2011).

10.20.050 Residential parking zones – Authority.

The city may, at its discretion, establish a restricted parking zone in an area where any of the following instances occur:

A. On-street parking is reserved for the exclusive use of residents in prescribed vicinity, their visitors, and service vehicles serving such residents.

B. On-street parking is reserved during certain posted hours for such exclusive use and available at all other times without restrictions.

C. Time limits are established for on-street parking which apply to all vehicles owned or used by such residents, their visitors, or service vehicles serving such residents.

In any restricted parking zone, the city may issue permits or other means of identification, maintain lists of vehicles used by residents, or adopt any other reasonable means of distinguishing vehicles that may validly be parked in any restricted parking zone from other vehicles. The establishment of restricted parking zones shall not limit parking of vehicles displaying special license plates or placard pursuant to RCW 46.16.381. Restricted parking zones shall be appropriately signed and/or marked. (Ord. 3304 § 5, 2005).

10.20.060 Residential parking zones – Violation.

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 permit or other authorization or special license plates or placard issued pursuant to RCW 46.16.381 is displayed in a prominent place on the vehicle. (Ord. 3304 § 5, 2005).

10.20.070 Residential parking zones – Abuse of privileges.

No person shall, for any valuable consideration, offer or agree to authorize or permit any person to park a vehicle in any residential parking zone. No person shall for any valuable consideration transfer or authorize to the use of any permit or other identification issued by the city authorizing a vehicle to park in any residential parking zone.

Any person to whom a permit or other authorization is granted to park in a residential parking zone shall be strictly liable for the compliance with its terms and conditions and complying with all applicable ordinances. In any of the following instances, such permit or other authorization issued shall be revoked if any person to whom such permit is issued or granted:

A. Offers or agrees to authorize or permit any person to park a vehicle in any restricted parking zone for any monetary consideration; or

B. Transfers for money the use of any permit or other identification issued by the city authorizing a vehicle to park in any restricted parking zone; or

C. Allows any person under their control to perform the acts contained in subsection A or B of this section; or

D. Allows a permit or other authorization issued to them to be used.

No new permit will be issued or other authorization granted to such person for a period of one year. (Ord. 3304 § 5, 2005).

10.20.080 Residential parking zone – Exclusive use by residents – Designated.

Upon the following streets no vehicle shall be parked at any time except those vehicles with a permit or other authorization issued by the city as required as a condition for parking or a special license plate or placard issued pursuant to RCW 46.16.381 is displayed in a prominent place on the vehicle.

Street

Extent

Side

Warren

N. 8th Street to 11th Street

Both

Warren

11th Street to its east end (1122 block)

South

N. 10th

210 N. 10th to 115 N. 10th

Both

N. 11th

200 block

West

N. 11th

100 block – Alley to Warren

Both

N. 10th

111 N. 10th Street to Division Street

West

(Ord. 3746 § 1, 2018; Ord. 3443 § 2, 2009; Ord. 3304 § 5, 2005).

10.20.085 One-hour parking – Zones designated.

A. When signs are erected giving notice thereof, upon the following streets and between the hours of 6:00 a.m. to 2:00 p.m. no vehicle shall be parked for a longer period than one hour, except on Saturdays, Sundays and legal holidays.

Street

Extent

Side

Evergreen

300-400 blocks 6th – 9th

South

Evergreen

500 block 8th – 9th

Both

Highland

300-500 blocks 6th – 9th

Both

Lawrence

300-500 blocks 6th – 9th

Both

Fulton

300-500 blocks 6th – 9th

Both

Warren

300-500 blocks 6th – 8th

Both

E. Division

400-600 blocks 7th – 10th

Both

9th

400 block Lawrence to Highland

SW

9th

500 block Highland to Evergreen

West

8th

100-300 blocks Division to Lawrence

Both

8th

400 block Lawrence to Evergreen

West

7th

100-300 blocks Division to Lawrence

Both

S. 12th

100-200 blocks Division to Carpenter

Both

N. 10th

South half of 100 block

East

B. When signs are erected giving notice thereof, upon the following streets and between the hours of 6:00 a.m. to 6:00 p.m. no vehicle shall be parked for a longer period than one hour, except on Saturdays, Sundays and legal holidays.

 

Street

Extent

Side

Kincaid

200 block S. 2nd – S. 3rd

North

Myrtle

200 block S. 2nd – S. 3rd

Both

S. 2nd

600 block Pine to Myrtle

East

Cleveland

900 block, north half Broadway to Snoqualmie

East

(Ord. 3746 § 2, 2018; Ord. 3673 § 1, 2016; Ord. 3482 § 2, 2010; Ord. 3443 § 3, 2009; Ord. 3336 § 1, 2006).

10.20.090 Two-hour parking – Zones designated.

When signs are erected giving notice thereof, upon the following streets and between the hours of 6:00 a.m. to 6:00 p.m. no vehicle shall be parked for a longer period than two hours, except on Saturdays, Sundays and legal holidays.

Street

Extent

Side

Pacific Place

300 block Market Street to Riverside

Both

Continental Place

1700 to 2200 block

Both

(Ord. 3673 § 2, 2016; Ord. 3482 § 3, 2010; Ord. 3443 § 4, 2009; Ord. 3304 § 5, 2005).

10.20.093 Three-hour parking – Zones designated.

When signs are erected giving notice thereof, upon the following streets and between the hours of 6:00 a.m. to 6:00 p.m. no vehicle shall be parked for a longer period than three hours, except on Saturdays, Sundays and legal holidays.

Street

Extent

Side

Cleveland

800 block Kincaid to Broadway

Both

Cleveland

900 block, south half, Broadway to Snoqualmie

East

Broadway

100-400 blocks, 1st to BNSF RR tracks

North

Broadway

100 block 3rd to BNSF RR tracks

North
South

Kincaid

300 block S. 1st to S. 2nd

North

Main

200-400 blocks Gates to Division

East

Main

600 block, south half, Pine to Myrtle

East

S. 1st

200-700 blocks Kincaid to Washington

Both

S. 2nd

400-500 blocks Myrtle to Montgomery

East

S. 2nd

500-600 blocks Pine to Gates

West

S. 2nd

1000 block Snoqualmie to Milwaukee

Both

S. 2nd

1200-1300 blocks Section to Hazel

Both

S. 3rd

400 block Gates to Montgomery

East

S. 3rd

400-500 blocks Myrtle to Montgomery

West

S. 3rd

900-1100 blocks Broadway to Section

Both

Pine

400 block Main to S. 1st

South

Myrtle

300-400 blocks Main to S. 2nd

Both

Gates

300-400 blocks Main to S. 2nd

Both

Gates

200 block S. 3rd to S. 2nd

South

Montgomery

200-300 blocks S. 1st to S. 3rd

Both

Montgomery

400 block Main to S. 1st

North

Washington

300 block S. 1st – S. 2nd

North

Montgomery and Main

400 block parking lot – east row of stalls only

 

Snoqualmie

400 block 1st to Cleveland

North

Snoqualmie

200 block S. 2nd to S. 3rd

Both

Milwaukee

300 block Cleveland to S. 2nd

NE Half

Section

300 block Cleveland to S. 2nd

Both

N. 1st St.

100 block

Both

The parking lot located at the north corner of the 100 block of N. 1st Street and Freeway Drive lying west of Freeway Drive and east of N. 1st Street.

The parking lot located at the northeast corner of S. 3rd Street and W. Gates Street intersection.

The parking lot located at the southeast corner of S. 2nd Street and W. Kincaid Street intersection.

(Ord. 3803 § 1, 2020; Ord. 3673 § 3, 2016).

10.20.095 Loading/unloading only – Zones designated.

When signs are erected giving notice thereof, upon the following streets no person shall park a vehicle for longer than the prescribed time limitation, except on Saturdays, Sundays and legal holidays:

A. Ten-Minute Loading/Unloading Zone.

Street

Extent

Side

N. 9th

300 block Lawrence to Fulton

West

Myrtle

300 block

NE Half North Side

B. Fifteen-Minute Loading/Unloading Zone.

Street

Extent

Side

Kincaid

300 block S. 2nd to S. 1st, 2 spaces

NW Corner North Side

Annually March 15th through May 15th

Main

400 block Myrtle to Gates, 2 spaces

NE Corner East Side

Main

400 block Gates to Montgomery, 2 spaces

NE Corner East Side

W. Gates

200 block S. 3rd to S. 2nd

North

Montgomery

300 block (east of alley)

South

Myrtle

300 block

NE Corner North Side

C. Twenty-Minute Loading/Unloading Zone.

Street

Extent

Side

S. 2nd

600 block Myrtle to W. Kincaid, 1 space

West

Fulton

1000 block

Both

D. Thirty-Minute Loading/Unloading Zone.

Street

Extent

Side

Broadway

200-300 blocks Cleveland to S. 3rd

South

Cleveland

1200 block Section to Park

East

E. Skagit

1000 block

North

Fulton

N. 6th to N. 4th

North

Myrtle

S. 2nd to S. 3rd

South

Milwaukee

S. 3rd to S. 2nd

North

Milwaukee

S. 2nd to Cleveland

NW Half North Side

Milwaukee

S. 2nd to Cleveland

SW Half South Side

E. Division

1000 block

South

(Ord. 3673 § 4, 2016; Ord. 3482 § 4, 2010; Ord. 3443 § 5, 2009).

10.20.097 Passenger loading and unloading – Zones designated.

When signs are erected giving notice thereof, upon the following streets no vehicle shall be parked, excepting for the purpose of passenger loading and unloading within the prescribed time limitation. Any vehicle parked in violation of any provision of this section shall be subject to impoundment of the vehicle at the owner’s expense.

Ten-Minute Passenger Loading/Unloading Zone.

Street

Extent

Side

South 18th

400 block

East

(Ord. 3532 § 1, 2011).

10.20.100 No parking – Zones designated.

When signs are erected giving notice thereof, upon the following streets, no parking shall occur at any time and vehicles may be subject to impoundment:

Street

Extent

Side

S. 2nd

400 block Gates to Montgomery

West

9th

400 block Lawrence to Highland

NW Half

9th

400 block Lawrence to Highland

West

9th

500 block Highland to Evergreen

East

8th

400-800 blocks Lawrence to Fir

East

S. 25th

Section to 820 S. 25th

East

S. 30th

800-900 blocks S of Dakota

Both

S. 30th

800 block N of Dakota

East

N. 21st

100 feet S of Stanford Drive

North

N. 30th

Kulshan Trail to Fir

Both

W. Taylor

Cleveland to Harrison

North

Cleveland

900 block Broadway to Snoqualmie

West

Continental

300 feet N of College Way

East

Kulshan Trail Head

At N. 30th

All

Park

300 block Cleveland to S. 2nd

South

Hoag Road

E of railroad tracks to 1600 block

Both

Kulshan View Drive

2200 block

Both

Kulshan View Drive

2400 block

North

Urban Avenue

College Way to Vintage Lane

Both

(Ord. 3758 § 1, 2018; Ord. 3673 § 5, 2016; Ord. 3482 § 5, 2010; Ord. 3443 § 6, 2009; Ord. 3350 § 2, 2007; Ord. 3304 § 5, 2005).

10.20.105 No overnight parking – Zones designated.

Repealed by Ord. 3725. (Ord. 3673 § 6, 2016; Ord. 3482 § 6, 2010; Ord. 3443 § 7, 2009).

10.20.110 School zones designated.

When signs are erected giving notice thereof, the following portions of the streets adjacent to public and private schools in the city of Mount

Vernon be and they are hereby designated as restricted zones for school bus use only, to wit:

 

Lincoln Elementary School

1000 block of S. 11th Street, west side

No person shall stop, stand or park a passenger vehicle for any length of time. Such acts shall be punishable by a penalty in an amount of not less than $25.00. (Ord. 3443 § 8, 2009; Ord. 3304 § 5, 2005).

10.20.120 Service parking in regulated parking zones – Permitted when.

As used herein, the term “service parking” means the use of a parking space while rendering service in cleaning, painting, adjusting, or making minor repairs or replacements in or to buildings or building equipment or to public utilities. Permits for service parking shall be provided by the city in accordance with the provisions of the Model Traffic Ordinance, WAC 308-330-660. Annual service parking permits shall be issued for a fee of $50.00. Daily service parking permits shall be issued for a fee of $5.00. (Ord. 3304 § 5, 2005).

10.20.130 Repair on public property prohibited – Exception.

It is unlawful to disassemble, construct, reconstruct, repair and/or service motor vehicles of any kind in or upon any street, road, alley or other public thoroughfare in the city except for emergency service; provided, however, that said emergency service shall not extend over a period of two hours, and that the same does not interfere with or impede the flow of traffic. (Ord. 3304 § 5, 2005).

10.20.140 Mail receptacles.

No person shall stop, stand or park a vehicle on any roadway or right-of-way which in any way blocks, hinders or otherwise impairs access to a mail receptacle. (Ord. 3304 § 5, 2005).

10.20.150 Parking over 24 hours prohibited.

No person having control over a vehicle may park such vehicle upon any public street or public way or leave such vehicle in the same public place for a period exceeding 24 hours. When any vehicle is parked or stands for a period exceeding 24 hours, the vehicle may be deemed to constitute a hazard or obstruction to traffic or an abandoned vehicle, and may be impounded in accordance with MVMC 10.06.020. (Ord. 3304 § 5, 2005).

10.20.160 Time limit zones.

No person having control over a vehicle may park such vehicle beyond the time limit permitted by official signs. Each subsequent period of time posted on the sign which lapses following affixation to a vehicle of a notice of overtime parking shall constitute a further violation of this section.

Where a time limit is established by official signs, no person having control over a vehicle may repark that vehicle on either side of the same street in order to extend the vehicle’s parking time beyond the time limits established. For purposes of this section, a vehicle shall be deemed to be reparked and in violation of this section despite any movement of the vehicle unless the vehicle is moved to a street with a different street name than the street the vehicle was originally parked upon. (Ord. 3304 § 5, 2005).

10.20.170 Parking restrictions for recreational vehicles.

A. In areas zoned residential, including multifamily areas, no recreational vehicle may be stored upon any city street or sidewalk, but may be stored in a garage or private driveway.

B. Except as provided in this section, no recreational vehicle may be parked or left standing on any city street between the hours of 2:00 a.m. and 6:00 a.m.

C. The restrictions set forth in this section shall not apply to the parking of a recreational vehicle on a street or alley immediately abutting a street lot line of the lot upon which the owner or operator of the vehicle resides if such parking is solely for the purpose of convenient departure from or return to the lot by such resident in connection with a planned trip, outing or vacation, commencing or ending on the same day of such departure or return, including any loading or unloading of persons and personal effects, or for the preparation of the vehicle in regards to such departure or return; provided, however, that such parking may not occur on more than two consecutive days or more than two days in any seven-day period. (Ord. 3648 § 2, 2015; Ord. 3443 § 9, 2009; Ord. 3304 § 5, 2005).

10.20.175 Parking restrictions for certain commercial and large-sized vehicles.

A. Residential Developments. It shall be unlawful to park any commercial vehicle on any public right-of-way in areas zoned residential, including multifamily areas or where all adjacent structures are occupied as residential dwellings. “Adjacent structures” shall mean those structures on the same side of the right-of-way as the area for parking and within the same block. Any structure or residence enjoying a home business occupancy permit shall be considered a residential occupancy and not a commercial occupancy.

B. Commercial Developments. On any public right-of-way in areas not zoned residential, including multifamily areas or areas in which not all of the adjoining structures are developed and occupied as residential units, parking will be permitted for commercial vehicles on that portion of the public right-of-way subject to the following:

1. Time Limit. Commercial vehicles are prohibited from parking on public right-of-way for more than two hours.

2. Hours. Between the hours of 9:00 p.m. and 6:00 a.m. no person shall park a commercial vehicle upon the public right-of-way within 500 feet of residential dwellings and permit any motor, engine, compressor or other device to operate for more than 10 consecutive minutes or a total of 10 minutes within any two-hour period.

C. Public Right-of-Way. Public right-of-way shall include any dedicated or developed property used or intended for use as public streets, alleys or other means of public ingress, egress or passage whether the property of the city, county or state.

D. Exemptions.

1. Commercial vehicles engaged in deliveries, loading or unloading, or as support to an ongoing business activity such as construction or moving are exempt from the provisions of this section, but only for the time reasonable and necessary to support the activity or make the delivery.

2. Commercial vehicles owned by a public or quasi-public agency or utility when responding to emergencies or providing related services.

3. Commercial vehicles that become disabled while in travel in order to safely remove the vehicle off the road as an emergency measure and only to the extent reasonably necessary to arrange for tow.

4. Commercial vehicles parking at the direction of law enforcement or fire official.

E. It is not necessary that restricted parking or other traffic signs be erected for the purpose of enforcing this section. (Ord. 3648 § 3, 2015).

10.20.180 Occupation of recreational vehicle.

It shall be unlawful to occupy any recreational vehicle for residence purposes anywhere in the city, except in a duly established trailer park maintained in accordance with all applicable state statutes and city ordinances; provided, however, that occupation for residence purposes for a period of not more than three days shall not be construed to be a violation of this section. (Ord. 3304 § 5, 2005).

10.20.185 Alley parking.

Except in the case of an emergency or in the case of a person who has a valid right-of-way use permit or service parking permit, no person shall park or stand a vehicle in an alley within the city for purposes other than actively loading or unloading, or for the rendering of service to adjacent property. In the case of rendering service to adjacent property, no vehicle shall remain parked or standing beyond 30 minutes. Persons providing service requiring more than 30 minutes are required to obtain a service parking permit. In no event shall vehicles parked in alleys obstruct or hinder vehicular or pedestrian travel. (Ord. 3304 § 5, 2005).

10.20.190 Parking regulations – Authority – Mayor.

A. Adoption and Ratification of Regulations. Parking restrictions heretofore designated by appropriate signs or other regulation (inclusive of the Model Traffic Ordinance, Chapter 308-330 WAC as adopted by MVMC 10.04.010) are appropriate and the same are recognized and adopted as the parking regulations of the city. The city’s public works director shall act as the traffic engineer and shall be authorized to erect and regulate parking and traffic regulations pursuant to WAC 308-330-265.

B. The mayor is authorized to determine and designate by appropriate signage (or yellow or red markings supplemented with the appropriate words) places in which the stopping, standing or parking of vehicles is prohibited or limited governing the use of city’s parking facilities. The mayor may adopt rules and regulations, as appropriate, governing the use of the city’s parking facilities including provisions for the enforcement of the rules and regulations, including trespass, vehicle removal, or immobilization.

C. Limitation of Use of Parking Facilities. In no event shall any person park any vehicle at a parking facility identified in this chapter for the principal purpose of:

1. Displaying commercial or noncommercial signs;

2. Displaying such vehicle for sale; or

3. Selling merchandise from such vehicle, except when expressly authorized through the issuance of an appropriate permit by the city. (Ord. 3725 § 1, 2017; Ord. 3304 § 5, 2005).

10.20.200 Responsibility – Presumptions.

A. Every person in whose name a vehicle is registered shall be responsible for any violation of this chapter caused by the parking, reparking, standing or stopping of said vehicle in violation hereof. It shall be no defense that the vehicle was parked illegally by another, unless proof is presented that said vehicle had been stolen and had not been returned to the registered owner by the date of the violation. This section shall not apply to registered owners transferring vehicle ownership who have complied with the provisions of state law prior to the date of the violation.

B. In any parking infraction case involving a violation of this chapter, proof that the particular vehicle described in the notice of parking infraction was parking, reparking, standing or stopping in violation of any such provision of this chapter, together with proof that the person named in the notice of parking infraction was at the time of the violation the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred; provided, however:

1. Where a registered owner has transferred vehicle ownership in compliance with the provisions of state law prior to the date of the violation, then proof that the particular vehicle described in the notice of parking infraction was parking, reparking, standing or stopping in violation of any such provision of this chapter, together with proof that the person named in the notice of parking infraction was at the time of the violation the person to whom the vehicle’s ownership had been transferred, shall constitute in evidence a prima facie presumption that the person to whom ownership was transferred was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred; and

2. That in such case, any notice in this chapter required to be sent to the registered owner shall instead be sent to the person to whom ownership has been so transferred. (Ord. 3304 § 5, 2005).

10.20.210 Penalties for parking infractions.

A. Unless specifically set forth elsewhere in this chapter, the penalties for each violation of the provisions of this chapter shall be:

1. Overtime parking: $10.00;

2. Unauthorized parking in alley: $10.00;

3. Parking in disabled space without requisite permit, decal, or license plate, or making inaccessible the access aisle located next to a disabled space: $250.00;

4. Parking, stopping or standing in fire lane in violation of this chapter: $50.00;

5. Interfering with, concealing, obliterating or erasing marks in violation of this chapter: $50.00;

6. Parking in a residential parking zone or school zone without requisite permit: $25.00;

7. All other violations: $20.00.

B. Unless otherwise directed by the court, payment of all parking infractions shall be made to the municipal court and at such other locations as designated by the court. All proceeds derived from individuals charged with a violation of any of the provisions of this chapter shall be paid into the general fund of the city; however, the proceeds from the penalty for parking in a disabled space without the requisite permit, placard or license plate, or making inaccessible the access aisle located next to a disabled space, will be retained by the city in accordance with RCW 46.16.381 and shall be used exclusively for law enforcement.

C. Parking violations will be counted on a rolling 365-day period, i.e., a 365-day period immediately preceding a parking violation. Penalties for consecutive violations in a rolling 365-day period shall be as follows:

1. First violation shall be $10.00;

2. Second and third violations shall be $15.00;

3. Fourth through sixth violations shall be $50.00;

4. Seventh and above violations shall be $100.00.

D. For a second or subsequent violations of the disabled parking provisions within the 365-day period immediately preceding a violation of the disabled parking provision of this chapter, in addition to the monetary fine, the violator must complete a minimum of 40 hours of:

1. Community service for a nonprofit organization that serves the disabled community or persons having disabling diseases; or

2. Any other community service that may sensitize the violator to the needs and obstacles faced by persons who have disabilities.

E. The court may not suspend more than one-half of any fine imposed for a disabled parking violation.

F. For the purposes of this section, a violation occurs when the Mount Vernon municipal court enters a determination that an infraction has been committed in violation of this chapter. (Ord. 3673 § 7, 2016; Ord. 3648 § 4, 2015; Ord. 3304 § 5, 2005).

10.20.220 Failure to comply with notice of parking.

A. If no response or payment is made within 15 calendar days of the date of the issuance of the notice of infraction, a delinquency notice will be mailed to the registered owner of the vehicle to which the notice was affixed.

B. If no response or payment is made within 15 calendar days of the date of mailing of the delinquency notice, additional penalties may be assessed to the infraction including a notice to the Department of Licensing as provided in RCW 46.20.270(3) and the city may pursue such other remedies as provided by ordinance. (Ord. 3304 § 5, 2005).

10.20.230 Municipal judge.

All violations of this chapter shall be heard and determined by the judges of the Mount Vernon municipal court or their pro tem(s). (Ord. 3304 § 5, 2005).

10.20.240 Notice of infraction – Determination final unless contested – Form.

A. A notice of parking infraction represents a determination that an infraction has been committed. The determination will be final unless contested as provided in this chapter.

B. The form for the notice of parking infraction shall include substantially the following information unless otherwise required by law:

1. A statement that the notice represents a determination that a parking infraction has been committed and that the determination shall be final unless contested as provided in this chapter;

2. A statement that a parking infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; that the penalty for a parking infraction may include nonrenewal of the vehicle license;

3. A statement of the specific parking infraction for which the notice was issued;

4. A statement of monetary penalty established for the parking infraction;

5. A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;

6. A statement that at any hearing to contest the determination the city has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses including the officer who issued the notice of infraction;

7. A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoena witnesses;

8. A statement that the person must respond to the notice as provided in this chapter within 15 calendar days or the person’s vehicle license may not be renewed by the Department until any penalties imposed pursuant to this chapter have been satisfied;

9. A statement that failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances may result in the refusal of the Department to renew the person’s vehicle license until any penalties imposed pursuant to this chapter have been satisfied;

10. A statement, which the person shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this chapter. (Ord. 3304 § 5, 2005).

10.20.250 Response to notice of parking infraction – Contesting determination – Hearing – Failure to respond or appear.

A. Any person who receives a notice of parking infraction shall respond to such notice as provided in this section within 15 calendar days of the date of the notice.

B. If the person determined to have committed the infraction does not contest the determination, the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the city as specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered and, when appropriate, a record of the response and order shall be furnished to the Department.

C. If the person determined to have committed the infraction wishes to contest the determination, the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the city as specified on the notice. The court shall notify the person in writing of the time, place and date of the hearing, and that date shall not be sooner than seven calendar days from the date of notice, except by agreement.

D. If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court as specified on the notice. The court shall notify the person in writing of the time, place and date of the hearing.

E. 1. If any person cited with a notice of parking infraction:

a. Fails to respond to the notice of parking infraction as required herein; or

b. Fails to appear at a hearing request as provided herein;

the court shall enter an appropriate order assessing the monetary penalty prescribed for the parking infraction and any other penalty authorized by this chapter and shall notify the Department, in accordance with RCW 46.20.270, of the failure to respond to the notice of infraction or to appear at a requested hearing.

2. The Department may not renew the vehicle license of any person for whom the court has entered an order(s) for two or more violations until any penalties imposed pursuant to this chapter have been satisfied. (Ord. 3304 § 5, 2005).

10.20.260 Collection – Authorized.

The city is authorized to remit any unpaid parking infraction to collection. (Ord. 3304 § 5, 2005).

10.20.270 Impoundment of vehicles with unpaid tickets.

When a vehicle is parked in a public right-of-way or on other publicly owned or controlled property in violation of any law, ordinance, or regulation and there are four or more parking infractions issued against the vehicle for each of which a person has failed to respond, failed to appear at a requested hearing, or failed to pay an adjudicated parking infraction for at least 45 days from the filing of the notice of infraction, the vehicle may be impounded pursuant to MVMC 10.06.010(A)(11) without prior notice. (Ord. 3304 § 5, 2005).

10.20.280 Rules and regulations.

The Mount Vernon municipal court, city finance department and the city’s police department are authorized to promulgate rules and regulations necessary to administer this chapter. (Ord. 3304 § 5, 2005).

10.20.290 Parking rates.

A. Maximum Rates. Parking rates for city parking facilities shall be as set forth below; provided that the mayor may reduce such rates in accordance with the provisions of subsection B of this section.

1. Five dollars per hour;

2. Fifty dollars per day;

3. Two hundred fifty dollars per month.

B. Rate Adjustments. The mayor, acting upon the recommendation of the public works director, is hereby authorized to establish reduced parking rates for the city’s parking facilities. In making such recommendations to the mayor, the public works director shall first examine factors appropriate to the establishment of a rate structure, including the following factors:

1. Availability of alternative parking facilities in the surrounding area;

2. The goal of the city to minimize traffic on city streets, and encourage mass transit;

3. The goal of the city to encourage tourism, business investment, and other forms of economic expansion; and

4. Costs to the city of providing and maintaining such parking facilities.

C. Special Events. The city’s parking facilities may be made available at special rates or without charge to the general public to provide parking for special events where there is insufficient parking available at the location of such special event. Upon the recommendation of the public works director, the mayor may set aside all or portions of the various parking facilities to provide parking for the uses and purposes set forth in this section, provide for such parking rates, and provide for such other policies of use of the parking facilities as the mayor may deem appropriate to provide for such uses.

D. Temporary Permits. At the discretion of the finance director, temporary parking permits may be issued, without charge, for use at any city parking facility by individuals providing uncompensated service to the city, for use by any officer or employee of the city or other governmental entity, or for use by any person in order to facilitate any contractor engaged in a construction or demolition project undertaken on behalf of the city. Such parking permits shall be issued solely for the convenience of the city and, for the purpose of illustrating the decision to issue such permits, may take into account such factors as vehicle trip reduction, personal safety, and the efficient discharge of the city’s responsibilities. (Ord. 3304 § 5, 2005).