Chapter 10.20
PARKING AND LOADING ZONES
Sections:
10.20.015 Adoption by reference.
10.20.020 Citywide 48-hour parking zone designated.
10.20.030 Forty-eight-hour parking time limit violation.
10.20.040 Two-hour parking zones designated.
10.20.050 Fifteen-minute parking zones designated.
10.20.060 Ten-minute parking zones designated.
10.20.070 No parking/tow-away zones.
10.20.071 Temporary no parking/tow-away zones.
10.20.073 Impound/towing extraordinary circumstances.
10.20.074 Obstructing roadways and rights-of-way.
10.20.075 Handicapped parking – Violation.
10.20.076 Failure to display handicapped parking placard.
10.20.090 Parallel, diagonal and perpendicular parking zones.
10.20.110 Over-time parking prohibited.
10.20.111 Notice of violation – Procedures.
10.20.120 Penalty for violation.
10.20.010 Definitions.
For the purpose of this chapter:
A. “Person” means every natural person, firm, co-partnership, corporation, association or organization.
B. “Vehicle” means any motorized or nonmotorized device capable of being moved upon a public way and by which persons or property may be transported or drawn, excluding devices moved solely by human power. (Ord. 2078 § 2, 2020)
10.20.015 Adoption by reference.
RCW 46.61.570 and 46.61.575 concerning parking regulations and loading zones are each hereby adopted by reference as the parking regulations code and the loading zone code of the city of Newport as if set forth in full and a copy of these adopted regulations is attached to the ordinance codified in this section and incorporated herein by this reference as if fully set forth herein. Parking regulation violations and loading zone violations may be cited under this section of the Newport Municipal Code and/or NMC 10.20.120. (Ord. 2078 § 2, 2020)
10.20.020 Citywide 48-hour parking zone designated.
All streets, avenues and highways of the city are hereby designated a 48-hour parking zone, unless signage indicates the area is a two-hour parking zone, a 15-minute parking zone, a 10-minute parking zone, a loading zone or a no parking zone. (Ord. 2078 § 2, 2020)
10.20.030 Forty-eight-hour parking time limit violation.
It is a violation of this section for any person to cause, allow, permit or suffer any vehicle to be parked within the citywide 48-hour parking zone for a period in excess of 48 continuous hours. (Ord. 2078 § 2, 2020)
10.20.040 Two-hour parking zones designated.
The following described portions of the following named avenues and streets in the city are established as two-hour parking zones Monday through Saturday, except holidays, between the hours of 6:00 a.m. and 6:00 p.m.:
A. Both sides of the south half of Washington Avenue between First Street and Fourth Street, except for a loading zone on the west side between Second and Third Street as provided for in this chapter.
B. Both sides of First Street west of Washington Avenue.
C. Both sides of Second and Third Streets from the alley west of Washington Avenue to the alley east of Washington Avenue, and the south side of Second and Third Streets from the alley west of Washington Avenue to Spokane Avenue; except for a 15-minute parking zone as provided in this chapter.
D. The north side of Fourth Street from the alley west of Washington Avenue to the alley east of Washington Avenue, and from the alley east 40 feet; except for a no parking zone as provided for in this chapter.
E. Both sides of the north half of Washington Avenue running south of Pine Street.
F. Both sides of Spruce Street from Washington to Calispel Avenue.
G. Both sides of Warren Avenue from Spruce to Highway 20/Walnut. (Ord. 2078 § 2, 2020)
10.20.050 Fifteen-minute parking zones designated.
The following described portions of the following named avenues and streets in the city are established as 15-minute parking zones Monday through Saturday, except holidays, between the hours of 6:00 a.m. and 6:00 p.m.:
A. Thirty feet directly in front of the main entrance to the funeral home on the south side of Second Street. (Ord. 2078 § 2, 2020)
10.20.060 Ten-minute parking zones designated.
The following described portions of the following named avenues and streets in the city are established as 10-minute parking zones Monday through Saturday, except holidays, between the hours of 6:00 a.m. and 6:00 p.m.:
A. Both sides of First Street from Washington Avenue to the alley east of Washington Avenue and the south half of both sides of Washington Avenue running north from First Street.
B. The south side of Fourth Street from Washington Avenue to the railroad right-of-way. (Ord. 2078 § 2, 2020)
10.20.065 Loading zones.
In areas designated “Loading Zone” no vehicle shall stop, stand or be parked for any purpose other than expeditious loading and unloading, in no event for longer than 15 minutes. The north side of Third Street, between Washington Avenue and Spokane Avenue, starting at the alley and running 30 feet west is designated a loading zone. Also designated a loading zone is the west side of Washington Avenue 30 feet directly in front of the sidewalk ramp at 229 South Washington Avenue. (Ord. 2078 § 2, 2020)
10.20.070 No parking/tow-away zones.
The following described portions of the following named avenues and streets in the city are established as no parking anytime zones, as set forth below:
A. No parking, both sides of street on Walnut from State Avenue westerly to Warren Avenue.
B. No parking, both sides of Seventh Avenue beginning at SR 2 westerly to the intersection of Old School House Lane.
C. No parking, both sides of Old School House Lane, beginning at the intersection of Seventh Avenue running southerly to the intersection of Cemetery Lane.
D. No parking, Union Avenue, west side of street between Spruce Street and Walnut Avenue.
E. No parking, Highway 2 Washington Avenue west to Spokane Avenue; north side of street.
F. No parking, the south side of Fourth Street, starting at Spokane Avenue to a point 30 feet east to the end of the diagonal parking zone.
G. No parking, the north side of Fourth Street from Washington Avenue, easterly 30 feet.
H. No parking, the north side of Fourth Street from the alley east of Washington Avenue, starting at the crosswalk and running 124 feet, around the corner to the crosswalk on Union Avenue.
I. No parking, the north side of Fourth Street, running 75 feet westerly from Warren Avenue.
J. No parking, Calispel between Fifth Street and SR 2 westside.
K. No parking, Fifth Street between Calispel Avenue 300 feet west both sides of street.
L. All areas permanently posted within the designated parking zones “No Parking 2 A.M. to 6 A.M. Monday through Sunday.” On Spruce Street from Washington Avenue to Calispel Avenue; on Calispel Avenue from Spruce Street to First Street; on First Street from Washington Avenue to the county line.
It is a violation of this chapter to park in any of the “No Parking” areas set forth above at any time. In addition, any vehicle parked in violation of subsections A through L of this section may be impounded and towed away at the owner’s expense in accordance with Chapter 46.55 RCW. (Ord. 2078 § 2, 2020)
10.20.071 Temporary no parking/tow-away zones.
From time to time, temporary no parking/tow-away zones will be established when the city is required to perform maintenance on a right-of-way. Except as set forth in NMC 10.20.073, the city shall erect, by 5:00 p.m. the day prior to the scheduled maintenance, signage for a temporary no parking/tow-away zone. The signs will indicate “No Parking/Tow Away” and state the effective dates and hours. It is a violation of this chapter to park or otherwise leave a vehicle in a temporary no parking/tow-away zone during the applicable hours. In addition, any vehicle parked in violation of this section may be impounded and towed away at the owner’s expense in accordance with Chapter 46.55 RCW. (Ord. 2078 § 2, 2020)
10.20.073 Impound/towing extraordinary circumstances.
A. Any officer, upon discovery of a vehicle reported as stolen and not recovered, or any vehicle involved in any extraordinary circumstance as defined in subsection B of this section, may cause the vehicle to be taken into custody and cause it to be taken to and stored in a suitable place, or may cause the vehicle to be placed in the custody of a tow truck operator, and all expenses of towing and storage are to be paid by the vehicle owner.
B. Extraordinary circumstances mean any situation where an emergency exists or public safety is endangered, and any situation in which a vehicle: (1) is blocking or impeding traffic; (2) is causing a hazard; (3) has the potential of impeding any emergency vehicles; (4) is impeding any snow removal or other road maintenance operation; (5) is not registered, or displays a license plate registration tag which has been expired for a period in excess of 90 days; (6) after receiving an over-time-limit citation in any zone, whether 48-hour, two-hour, 15-minute, 10-minute or loading zone, remains parked at the same location within the zone an additional 48 hours from the time the first over-time-limit citation is issued; or (7) is parked or standing on the sidewalk or on any portion of the curbing along any of the streets of the city. (Ord. 2078 § 2, 2020)
10.20.074 Obstructing roadways and rights-of-way.
A. It is unlawful for any person to park any vehicle upon a street in such a manner or under such conditions as to obstruct the normally traveled portion of the roadway, except as provided in subsection B of this section.
B. It is unlawful for any person to stop, stand or park a vehicle within the city on a roadway side of any vehicle stopped or parked at the edge or curb of a street, except when:
1. It is necessary to avoid conflict with other traffic;
2. It is in compliance with law or at the direction of a law enforcement officer, a firefighter or city maintenance personnel in the course of their duties, or a lawfully established traffic control device;
3. It is for purposes of unloading a bona fide commercial vehicle for the purpose of delivering goods or wares to a residence or commercial establishment situated immediately adjacent thereto; provided, however, the commercial vehicle exception created in this section shall not exceed the period of 15 minutes from the time of stopping such vehicle to the time of removing the same.
C. It shall be unlawful for any person to park a vehicle within three feet of the normally traveled portion of any city street at any place within the residential area of the city at any time after snow has fallen, and the accumulation of snow is such that it covers said street, or in such a way as to disrupt normal snowplowing operations. Said parking restrictions shall remain in effect after the snow has ceased to fall and until snow removal operations have been completed.
D. Right-of-Way Obstructions.
1. No person shall obstruct any city sidewalk, street, alley or right-of-way at any time without first having obtained the permission of and having met any conditions imposed by the city council. Examples of unlawful obstructions include but are not limited to placing trash, debris, trash containers, mailboxes, temporary carports, basketball hoops, signs or any other item on any sidewalk, in any street or alley or upon the city’s right-of-way in such a manner as to impede public travel or interfere with snow removal operations.
2. Violations of any provision of this section or failure to comply with any of its requirements constitute a civil infraction and the fine or bail for each violation shall be the current amount contained in the city’s fee/penalty schedule adopted by resolution. (Ord. 2078 § 2, 2020)
10.20.075 Handicapped parking – Violation.
A. It is a parking infraction for any person to park a vehicle in a parking place provided on private property without charge or on public property reserved for physically disabled persons without displaying a special license plate or governmentally issued placard if, immediately adjacent to and visible from such stall or space, there is posted a sign known as the “international wheelchair symbol” consisting of a profile view of a stylized wheelchair occupant in white on a blue background.
B. It is a parking infraction for a person to make inaccessible the access aisle located next to a space reserved for physically disabled persons.
Violations of this section are punishable by a fine in the amount set forth by RCW 46.19.050 and must be written as an infraction by a sworn police officer.
If a person is charged with a violation, the person shall not be determined to have committed this infraction if the person produces in court or before the court appearance the special license plate or governmentally issued placard required under law. (Ord. 2078 § 2, 2020)
10.20.076 Failure to display handicapped parking placard.
Any person who has a handicapped parking placard must clearly display the placard during all times their vehicle is parked in a handicapped parking space. It is a violation of this chapter for any person who has a handicapped parking placard to fail to display the permit during all times their vehicle is parked in a handicapped parking space. (Ord. 2078 § 2, 2020)
10.20.080 Markings.
Vehicle parking spaces within the parking zones shall be established by painted lines or other markings placed upon the curbs and/or streets and must be clearly visible. It is a violation of this chapter to park any vehicle in such a position that it is not entirely within the parking spaces designated by the lines or markings. (Ord. 2078 § 2, 2020)
10.20.090 Parallel, diagonal and perpendicular parking zones.
A. Diagonal Parking Zones.
1. The south side of Fourth Street from a point 30 feet east of Spokane Avenue to its intersection with Washington Avenue.
2. Both sides of Garden Avenue, starting at a point 150 feet south (station 1+74.3), for a distance of 425 feet to the health department driveway (station 6+12.05).
B. Perpendicular Parking Zones.
1. The east side of Cass Avenue from a point 20 feet south of the southerly right-of-way line of Spruce Street at the intersection of Cass Avenue and Spruce Street for a distance of 130 feet is designated and established for perpendicular parking.
2. The north side of Second Street east of Union to the west edge of the railroad right-of-way.
3. The east side of North Cass from First Street to the alley north of First Street.
4. The west side of South Fay from the corner of Fourth Street to the alley north of Fourth Street.
C. Parallel Parking Zones.
1. Parallel parking is authorized citywide unless otherwise posted. (Ord. 2078 § 2, 2020)
10.20.100 Enforcement.
The chief of police shall establish a uniform system for the regulation of the parking time and for the enforcement of this chapter. The chief of police and the public works director shall have full authority to adopt administrative orders enacting temporary parking restrictions, not to exceed 30 days, on city streets which are necessary for public health and safety.
A. Procedures. When a problem or issue related to the possible need for a regulatory sign or the possible need to change an existing regulatory sign arises, the chief of police and the public works director shall review the situation and shall conduct an evaluation of all relevant factors. The information evaluated shall include, but not be limited to: physical characteristics of the location and site, traffic accident history, traffic volume history, type of street, intersection sign visibility and the nature of the potential problem. If, after the completion of the evaluation, the chief of police and public works director determine that the permanent installation, modification or change of a regulatory sign will correct or improve the situation, the chief of police and the public works director shall provide notification in accordance with this section.
B. Notification. When the permanent installation or modification of a regulatory sign has been determined to be appropriate, the chief of police and the public works director shall notify the mayor and the city council of the intended action. Upon approval by the city council, the chief of police and the public works director shall then provide legal notice through the local newspaper of the intent to install or modify a regulatory sign. If required by law, notice shall also be given to property owners within 300 feet of the location of the intended action.
C. Filing with the Public Works Department. All parking restrictions adopted pursuant to this chapter shall be in writing and filed with the public works department and available for public inspection during regular business hours.
D. Parking Prohibited or Limited on Certain Streets. Where signs are erected in each block giving notice that parking is prohibited, no person shall at any time park a vehicle on any of the streets so designated. Where signs are erected on any street or portion thereof, giving notice of a limitation of a period of time for parking, no person shall stand or park a vehicle for longer than the designated period prescribed, or between the hours designated in such sign or signs upon any street so designated.
E. Signs Required. Whenever any parking limitation or prohibition is imposed, except for the “No Parking/Tow Away” snow removal provisions in NMC 10.20.073, it shall be the duty of the public works director to erect appropriate signs giving notice thereof, and no such restriction, except that contained in NMC 10.20.073, shall be effective unless said signs are erected and in place at the time of the alleged violation. (Ord. 2078 § 2, 2020)
10.20.110 Over-time parking prohibited.
It is a violation of this chapter for any person to allow or permit a vehicle to be parked in any parking zone longer than the parking time allowed in that zone. A violation occurs in the event a vehicle is parked in a zone for an accumulated period of time greater than that allowed in that zone. If, after receiving an over limit citation, a vehicle continues to remain within any zone for a second or subsequent over limit period, each over limit period shall constitute a separate offense, subject to a separate citation.
In addition, any vehicle receiving an over-time-limit citation in any zone, whether a 48-hour zone, a two-hour zone, a 15-minute zone, a 10-minute zone or a loading zone, which remains parked at the same location within the zone an additional 48 hours from the time the first over-time-limit citation is issued may be impounded and towed at the owner’s expense.
It is no defense that the vehicle had been moved from one parking space to another within a parking zone having the same time limitation, or that the vehicle had been moved out of the zone for less than one hour before being reparked. (Ord. 2078 § 2, 2020)
10.20.111 Notice of violation – Procedures.
Notice of violation of the provisions of this chapter will be given in writing upon a form provided by the city for violations of this chapter. The notice of violation will be placed in a conspicuous place on the vehicle parked in violation of this chapter and require the owner thereof to appear within 15 days at the City Hall before the clerk and pay the infraction, request a hearing to explain the circumstances, or request a hearing to contest the infraction. A citation for a violation of this chapter represents a determination that a violation has been committed, and is final unless contested as provided in this section. If the person receiving the citation fails to contact the city clerk within 15 days, then the determination that the infraction was committed is final and not subject to appeal.
If the registered owner fails to respond within 15 days as directed in the citation, the penalty for the violation automatically doubles. Notice will be sent to the registered owner advising the owner of the increased penalty. All unpaid parking infractions which have not been contested within 15 days following issuance and which remain unpaid 30 days following issuance may be referred to a licensed collection agency.
In the event any vehicle has two or more overdue parking citations, notification of the outstanding citations as well as the amounts due will be sent to the Department of Licensing, and, consistent with state law, the Department of Licensing may place a hold on the renewal of the vehicle license involved in the citation. (Ord. 2078 § 2, 2020)
10.20.120 Penalty for violation.
Any violation of this chapter is a civil infraction punishable by monetary penalties as follows:
A. Over-time/over-limit violation of the two-hour business district time limit, the 15-minute time limit, the 10-minute time limit or the loading zone limit for vehicles otherwise legally parked is a civil infraction and the fine or bail for each violation shall be the current amount contained in the city’s fee/penalty schedule.
B. Over-time/over-limit violation of the citywide 48-hour parking limit including residential districts for vehicles otherwise legally parked is a civil infraction and the fine or bail for each violation shall be the current amount contained in the city’s fee/penalty schedule.
C. No parking zones/spaces which are posted “No Parking” with appropriate signage is a civil infraction and the fine or bail for each violation shall be the current amount contained in the city’s fee/penalty schedule.
D. All other state and local parking violations, including parking outside of marked space, parking less than 20 feet from a crosswalk, parking 15 feet from a fire hydrant, parking within a driveway or less than five feet from the end of the curb radius of a driveway, parking less than 30 feet from a traffic control signal, sign or device, parking over 12 inches from a curb, double parking, parking facing the wrong direction (on a two-way street, without right-hand wheels against the right-hand curb, or, in the case of a one-way street, without left-hand wheels against the left-hand curb), parking on a sidewalk, parking on a crosswalk, blocking an alley, parking in a designated loading zone without actively loading or unloading passengers and/or parcels, diagonal or perpendicular parking in an area designated parallel parking only, parking within an intersection, and all other parking/loading zone violations as defined in RCW 46.61.570 and 46.61.575 which have been adopted as part of the city code in this chapter are civil infractions and the fine or bail for each violation shall be the current amount contained in the city’s fee/penalty schedule.
E. Failure to display disabled placard (applicable where disabled person is otherwise entitled to use of disabled parking space) is a civil infraction and the fine or bail for each violation shall be the current amount contained in the city’s fee/penalty schedule.
F. Disposition of Fines and Forfeitures. All fines and forfeitures collected for violation of any provisions of this chapter shall be paid into the general fund of the city. (Ord. 2078 § 2, 2020)