Chapter 10.07
PARKING REGULATIONS
Sections:
10.07.010 Purpose and application.
10.07.020 Regulations not exclusive.
10.07.030 Parking over 24 hours prohibited – Commercial zones and certain streets.
10.07.037 Pay-by-phone authorized – Required use – Exceptions.
10.07.040 Parking over 72 hours prohibited – Residential and limited open space zones.
10.07.065 Prohibited parking places.
10.07.067 Parking restrictions – Designation.
10.07.070 Enforcement – Impound of vehicle.
10.07.090 Redemption of impounded vehicles.
10.07.100 Post-impound hearing procedure.
10.07.010 Purpose and application.
A. It is the purpose of this chapter to provide a means of regulating parking to promote the health, safety, and general welfare of the city of Newcastle by specifying the off-street parking requirements for commercial, residential and limited open space land uses. Furthermore, it is the intent of this to promote the movement of people from place to place, and provide sufficient off-street parking to meet the needs of commercial and residential zones.
B. The provisions of this chapter regulating the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in conjunction with the directions of a police officer or official traffic control device. (Ord. 2019-584 § 1 (Exh. 1)).
10.07.020 Regulations not exclusive.
The provisions of this chapter imposing time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. Except as provided herein, the parking regulations adopted in Chapter 10.05 NMC, Model Traffic Ordinance, are supplemental to the regulations adopted herein. If parking regulations adopted under Chapter 10.05 NMC conflict with the regulations adopted herein, the parking regulations adopted in this chapter shall prevail. Unless otherwise specified in this chapter, the definitions adopted in the city’s MTO shall apply. (Ord. 2019-584 § 1 (Exh. 1)).
10.07.030 Parking over 24 hours prohibited – Commercial zones and certain streets.
A. On the streets and downtown commercial zoning areas identified in subsection (B) of this section, no person shall park or stand any vehicle upon any street or public right-of-way for a period exceeding 24 hours, regardless of any other regulation then in effect. A vehicle shall be deemed to be parked in violation of this section unless the vehicle is moved to a different block every 24 hours. For purposes of this section, a block is defined as the stretch of roadway between the two closest public street intersections on either end of the stretch. For cases where a roadway ends, a block is defined as the stretch of roadway between the end of the roadway and the closest public street intersection.
B. The 24-hour parking prohibition set forth in subsection (A) of this section applies to the streets specified below, and the zoning areas within the community business center overlay zone, which includes the following:
• Downtown core (DC);
• Downtown transition (DT);
• Neighborhood business (NB);
• Mixed use (MU);
• Mixed use-residential (MU-R);
• Mixed use-commercial (MU-C);
• Shopping center subdistrict;
• 129th Avenue SE from Newcastle Way to SE 73rd Place;
• Newcastle Golf Club Road from Coal Creek Parkway to Lakemont Blvd SE (the city’s limits); and
• The west side of 132nd Avenue SE, abutting the DC zone. (Ord. 2019-584 § 1 (Exh. 1)).
10.07.035 Parking over two hours prohibited – Certain segments of Newcastle Commons Drive and 132nd Place SE – Pay to park over two hours.
A. No person shall park or stand any vehicle for a period exceeding two hours on:
1. Newcastle Commons Drive between the intersection of 134th Place SE and the intersection of 132nd Place SE.
2. Exception. A person may exceed the two hours of parking authorized by this section only if they pay the hourly rate of $2.00 per additional hour during the hours of 6:00 a.m. to 10:00 p.m.
3. Payment. All payments for parking required under this section shall be paid using PayByPhone as required in NMC 10.07.037.
4. No Overnight Parking. No person shall park or stand any vehicle on Newcastle Commons Drive between the intersection of 134th Place SE and the intersection of 132nd Place SE during the hours of 10:00 p.m. to 6:00 a.m.
B. No person shall park or stand any vehicle for a period exceeding two hours during the time period of 8:30 a.m. to 5:30 p.m. on:
1. The Newcastle Commons Drive from Newcastle – Golf Club Road to the intersection of 134th Place SE; and
2. 132nd Place SE from Newcastle Commons Drive to the limits of the Newcastle Commons Development, just north of the Coal Creek Utility District office.
3. Exception. A person may exceed the two hours of parking authorized by this section only if (a) they pay $2.00 for every additional hour of parking during the hours of 6:00 a.m. and 10:00 p.m.; (b) they pay $2.00 for an additional hour of parking during the hours of 10:00 p.m. and 6:00 a.m.; or (c) they pay a flat fee of $4.00 for two or more hours of parking during the hours of 10:00 p.m. to 6:00 a.m.
4. Payment. All payments for parking required under this section shall be paid using PayByPhone as required in NMC 10.07.037. (Ord. 2020-618 § 1 (Exh. A); Ord. 2019-584 § 1 (Exh. 1)).
10.07.036 Angle parking.
Except at the direction of a police officer or official traffic control device, it is unlawful for any person to park a vehicle upon streets that have been marked or signed for either back-in or front-in angle parking, at an angle in relation to the curb or margin of the shoulder, other than is consistent with the markings or signs. (Ord. 2020-618 § 1 (Exh. A)).
10.07.037 Pay-by-phone authorized – Required use – Exceptions.
A. The use of the mobile phone application PayByPhone is authorized for parking enforcement upon city streets that have been marked or signed requiring the use of PayByPhone for parking.
B. It is unlawful to park or permit to be parked any vehicle upon a city street controlled by PayByPhone markings or signs unless the required information has been correctly provided to the PayByPhone mobile phone application, such as parking space location and license plate number, etc.
C. The prohibition set forth in this section does not apply to:
1. The act of parking;
2. The necessary time required to activate time on PayByPhone application; or
3. On Sundays, or legal holidays.
D. The parking restrictions in this section shall not relieve any person from the duty to observe other and/or more restrictive provisions of this chapter prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. (Ord. 2020-618 § 1 (Exh. A)).
10.07.040 Parking over 72 hours prohibited – Residential and limited open space zones.
In all residential zones and limited open space zones of the city, no person shall park or stand any vehicle upon any street or public right-of-way for a period exceeding 72 hours, regardless of any other regulation then in effect. (Ord. 2019-584 § 1 (Exh. 1)).
10.07.050 Parking of recreational vehicles over 24 hours prohibited – Residential and limited open space zones.
A. No person shall park any recreational vehicle, boat or vessel, or trailer on any public street or public right-of-way in any residential or limited open space zone in the city for more than 24 hours. A vehicle shall be deemed to be parked in violation of this section unless the vehicle is moved to a different block every 24 hours. For purposes of this section, a block is defined as the stretch of roadway between the two closest public street intersections on either end of the stretch. For cases where a roadway ends, a block is defined as the stretch of roadway between the end of the roadway and the closest public street intersection.
B. For purposes of this section, the following terms shall have the following prescribed meanings:
1. “Recreational vehicle” means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, and is not immobilized or permanently affixed to a mobile home lot.
2. “Boat or vessel” means every description of watercraft used or capable of being used as a means of transportation on the water.
3. “Trailer” means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a hitch or other connector, and ordinarily used for transporting items upon public streets and highways. (Ord. 2019-584 § 1 (Exh. 1)).
10.07.060 Parking of vehicle over 14,000 gross vehicle weight prohibited in residential and limited open space zones.
A. No person shall park any commercially licensed or any vehicle over 14,000 pounds gross vehicle weight on any street or public right-of-way in which all of the adjacent structures are occupied as residential dwellings or in a limited open space zone. “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. For purposes of this section “gross vehicle weight” includes the “gross vehicle weight rating” (GVWR) and/or the “gross combined weight rating” which is the GVWR of the power unit and the GVWR of the towed unit or units as defined in RCW 46.25.010(12), as may be amended.
B. On any street or public right-of-way in which not all of the adjoining structures are developed and occupied as residential units but there are existing developed commercial or business occupancies, parking will be permitted for commercial vehicles or vehicles above 14,000 pounds gross vehicle weight only on that portion of the street or public right-of-way abutting commercial property. For purposes of this section, “street or public right-of-way abutting commercial property” shall mean that portion of the street or public right-of-way bounded by lines created by the commercial property line extended to where they intersect the street or public right-of-way and on the same side of the street or public right-of-way as the commercial property.
C. Exceptions.
1. Commercial vehicles or vehicles over 14,000 pounds gross vehicle weight engaged in deliveries or as a 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. Privately owned recreational vehicles and boats shall not be regulated under this section unless the vehicles are being parked as part of a commercial activity such as repairs, sales or servicing or are being used for a commercial purpose.
3. City-owned vehicles and utility vehicles owned and used by a public agency, quasi-public agency or for solid waste collections services. (Ord. 2019-584 § 1 (Exh. 1)).
10.07.065 Prohibited parking places.
A. RCW 46.61.570 (Stopping, standing, or parking prohibited in specified places – Reserving portion of highway prohibited) and 46.61.575 (Additional parking regulations), as currently adopted and hereinafter amended, are hereby adopted by reference.
B. No person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the travel portion of any street or upon a marked bicycle lane. The travel portion of any street, for the purposes of this section, shall include any street median, center, merge or turn lane.
1. This subsection (B) does not apply to:
a. The driver of any vehicle which is disabled in such a manner and to such extent that it is impossible to avoid stopping and temporarily leaving the vehicle in such a position. The driver shall nonetheless arrange for the prompt removal of the vehicle.
b. The driver of any vehicle that is following the direction of a police officer, traffic control flagger, traffic control sign, traffic control signal, or other official traffic control device.
c. The driver of a public transit vehicle who temporarily stops the vehicle upon the street for the purpose of and while actually engaged in receiving or discharging passengers at a marked transit vehicle stop zone, or to the driver of a vehicle when actually engaged in the collection of solid waste, recyclables, or yard waste under authority of the city, so long as the vehicle is not parked or left for a longer time than reasonably necessary.
d. The driver of a city-owned or approved vehicle or public utility vehicle that is being used to provide a service for the public.
e. The driver of an emergency vehicle.
C. For purposes of this section, “bicycle lane” means the portion of the travel way for the movement of bicycles either designated by pavement markings or signage. (Ord. 2020-618 § 1 (Exh. A)).
10.07.067 Parking restrictions – Designation.
The chief of police or delegate, the director of public works or delegate, or traffic engineer 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 and/or PayByPhone parking area. Such designations shall be shown by signage or other appropriate indicators. The same procedure may be followed in altering or removing a designation relating to parking. (Ord. 2020-618 § 1 (Exh. A)).
10.07.070 Enforcement – Impound of vehicle.
A. Officers of the Newcastle police department are authorized to enforce the provisions of this chapter.
B. Any vehicle parked or stopped on any street or public right-of-way in violation of this chapter may be impounded after notice of proposed impoundment has been securely attached to and conspicuously displayed on such vehicle for a period of 24 hours prior to impoundment, consistent with RCW 46.55.085, for the following reasons:
1. When such vehicle is parked in violation of any law, ordinance, or regulation; or
2. When such vehicle is so mechanically defective as to be unsafe for operation; provided, however, that this section shall not be construed to prevent the operation of any such defective vehicle to a place for correction of equipment defect in a manner directed by any law enforcement.
C. When impoundment is authorized by this chapter, a vehicle may be impounded either by an officer or authorized agent of the police department, or by a contractor for towing and storage services acting at the request of an officer or authorized agent of the police department. (Ord. 2019-584 § 1 (Exh. 1)).
10.07.080 Notice to owner.
A. Pursuant to RCW 46.55.110, not more than 24 hours after impoundment of any vehicle, the towing contractor shall mail a notice by first class mail to the last known and legal owners of the vehicle, as may be disclosed by the vehicle identification number, and as provided by the Washington State Department of Licensing. The notice shall contain the full particulars of the impoundment, procedures for redemption, a copy of the invoice for towing and storage, an opportunity for a hearing to contest the propriety of the impoundment, and a form to be submitted for requesting such a hearing.
B. Similar notice shall be given to each person who seeks to redeem an impounded vehicle except that if a vehicle is redeemed prior to the mailing of notice, then such notice need not be mailed. (Ord. 2019-584 § 1 (Exh. 1)).
10.07.090 Redemption of impounded vehicles.
Vehicles impounded by the city pursuant to this chapter shall be redeemed only under the following circumstances:
A. An impounded vehicle may be redeemed only by those persons or entities identified in RCW 46.55.120, as may be amended.
B. Any person redeeming a vehicle properly impounded by the city shall pay the towing contractor for the costs of impoundment (removal, towing and storage) prior to redeeming such vehicle. The towing contractor shall accept payment as provided in RCW 46.55.120, as now or hereafter amended.
C. As provided in RCW 46.55.120, any person seeking to redeem a vehicle impounded as a result of a parking or traffic citation has a right to a municipal court hearing to contest the validity of the impoundment or the amount of towing and storage charges imposed. Any person requesting a hearing must pay the filing fee, submit the request in writing, in a form approved by the municipal court, and sign the form. The hearing request must be received by the municipal court within 10 days after the requesting person received notice of the impound and opportunity for a hearing. Such hearing shall be provided as follows:
1. The court, within five days after receiving the request for a hearing, shall, in writing, notify the towing contractor, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle, and the person or agency authorizing the impound of the hearing date and time.
2. If all the requirements to redeem the vehicle have been satisfied, the impounded vehicle shall be released to such person immediately, and a hearing as provided for in this section shall be held within 90 days of the written request for a hearing.
3. If all the requirements to redeem the vehicle have not been satisfied, the impounded vehicle shall not be released to such person until after the hearing provided pursuant to this section. Such person shall have the right to a hearing within seven business days (Monday through Friday, excluding court holidays) of the court’s receipt of the written request for a hearing.
4. Any person seeking a hearing who has failed to request such hearing within 10 days of receiving notice of the opportunity therefor shall be deemed to have waived the right to a hearing, and the registered owner of the impounded vehicle shall be liable for any towing and storage fees incurred in relation to the vehicle.
5. Redemption of vehicles impounded for violations of driving with an invalidated (i.e., suspended or revoked) license or other reasons not related to the parking regulations adopted hereunder shall be as provided under RCW 46.55.120. (Ord. 2019-584 § 1 (Exh. 1)).
10.07.100 Post-impound hearing procedure.
A. Hearings requested pursuant to NMC 10.07.090 shall be held in the Mercer Island municipal court, which court shall determine whether the impoundment was proper and whether the associated removal, towing and storage fees charged were proper.
B. At the hearing, the person requesting the hearing may produce any relevant evidence to show that the impoundment, towing, or storage fees charged were improper. The court may consider a written report made under oath by the officer who authorized the impoundment in lieu of the officer’s personal appearance at the hearing. An abstract of the driver’s driving record is admissible without further evidentiary foundation and is prima facie evidence of the status of the driver’s license, permit or privilege to drive and that the driver was in fact convicted of each offense listed on the abstract. In addition, a certified vehicle registration of the impounded vehicle is admissible without further evidentiary foundation and is prima facie evidence of the identity of the registered owner of the vehicle.
C. If the impoundment is found to be proper, the court shall enter an order so stating. In the event that the costs of impoundment (removal, towing and storage fees) have not been paid, the court’s order shall provide that the impounded vehicle shall be released only after payment to the city of any fines imposed on the underlying citation and the costs of impoundment to the towing company, as well as payment of all court costs associated with the hearing. In the event that the court grants time payments, the city shall ensure that the costs of impoundment are ultimately paid to the towing company. The court may waive the underlying infraction fines imposed, and grant time payments for the costs of impoundment only upon a showing of extreme financial need.
D. If the impoundment is determined to be improper, the court shall enter an order so stating and order the immediate release of the vehicle. The court shall order that the registered and legal owner of the vehicle shall bear no impoundment, towing, or storage fees, and that the city shall be liable for any such fees. The court shall enter judgment in favor of the towing contractor against the city for the impoundment, towing, and storage fees paid. In addition, the court shall enter judgment in favor of the registered and legal owner of the vehicle and against the city for the amount of the filing fee for the impound hearing petition as well as reasonable damages for loss of use for the vehicle during the time it was impounded. Said loss of use damages shall not be less than $50.00 per day.
E. In the event that the court finds that the impoundment was proper but that the removal, towing and storage fees charged for the impoundment were improper, the court shall determine the correct fees to be charged. If the costs of impoundment have been paid, the court shall enter a judgment against the city and in favor of the person who has paid the costs of impoundment for the amount of the overpayment.
F. No determination of facts made at a hearing under this section shall have any collateral estoppel effect on any subsequent criminal prosecution and such determination shall not preclude litigation of those same facts in a subsequent criminal prosecution. (Ord. 2019-584 § 1 (Exh. 1)).
10.07.110 Penalties.
A. Infraction. Any person violating any of the provisions of this chapter shall be guilty of a civil infraction. The fine for a violation of this chapter shall be $71.00.
B. Late Penalties. Any person having been assessed a penalty for an infraction of this chapter must pay said penalty in the time provided on the ticket or imposed by the court. A monetary late penalty fee will be imposed for failure to respond and/or pay the fee imposed within the time required. Said late penalty fee will be set by the Mercer Island municipal court judge. (Ord. 2020-618 § 1 (Exh. A); Ord. 2019-584 § 1 (Exh. 1)).