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ORD 88-27 DISABLED PARKING REGULATIONSRevised 11-30-88 ORDINANCE NO. 88-27 AN ORDINANCE OF THE CITY OF WINSLOW, W~SHINGTON, AMENDING THE WINSLOW MUNICIPAL CODE ENTITI.ED PARKING REGLrLATIONS BY R~4OVING THE REQUIPtMENT OF PAYMENT OF FEES BY QUALIFIED DISABLED PERSONS AND SETtING THE FINE FOR. IT.T.RGAL PARKING IN DISABLED SPACES AT $15.00. WHEREAS, RCW 46.61.582, states that any person who meets the criteria for special parking privileges under RCW 46.16.381, shall be allowed free of charge to park a vehicle being used to transport that person for unlimited periods of time; and WHEREAS, RCW 46.16.381, (7), sets the monetary penalty for illegal parking in a disabled parking place at not less than fifteen nor more than fifty dollars; and WHEREAS, the City Council of the City of Winslow, Washington, finds that this ordiD~nnce is in the interest of the public health, safety, and welfare, now, therefore THE MAYOR AND CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO ORDAIN AS FOLIf~qS: Section 1. 10.08.050. Winslow Municipal Code is hereby amended to read as follows: Disabled parking only. In areas designated "Disabled Parking Only", no vehicle shall be parked unless it bears the decal or other official mark of the state identifying the vehicle as one driven by or otherwise used for the transportation of a disabled person and unless the vehicle complies with all other parking regulations set forth in this chapter except time limitations and the payment of parking fees. (Ord. 82-12, 1 (d), 1982) Winslow Municipal Code section 10.08.240, is hereby amended Section 2. to read as follows: 10.08. 240. Violation - Penalty. A. It shall be a traffic infraction for any person to permit or allow a motor vehicle to stop, stand or to be parked in violation of any of the provisions of this chapter. The monetary penalty for violation of any of the provisions of this chapter shall be twenty-five dollars for each such violation; except, if any person shall park a vehicle in a parking place provided on private or public property reserved for physically disabled persons without a special license plate, card, or decal, the monetary penalty shall be fifteen dollars for each such violation. Notice of traffic infractions shall be affixed in a conspicuous place to the motor vehicle stopped, standing, or parking in violation of the provisions of this chapter and shall be in the form approved by the administrator for the courts. All monetary penalties shall be paid to the municipal court of the city. B. The procedures governing cases alleging a parking, standing, or stopping traffic infraction pursuant to this chapter shall be as prescribed by the Washington Supreme Court in its Justice Court Traffic Infraction Rules. (hereinafter JT1R) C. In the event that response to the notice of traffic infraction is not made in accordance with the provisions of subsection B of this section, the following additional sanctions will apply: 1.An additional monetary penalty will be imposed pursuant to JT1R 2.5 for failure to respond; 2. The city may refer the case to the city attorney for criminal prosecution. (Ord. 82-12, 6, 1982). Section 3. This ordinance or a ~ thereof consisting of the title and penalty provisions shall be published in the official newspaper of the City of Winslow, Washington, and shall take effect and be in full force five (5) days after publication. ATI~ST/AUTHENTICATE: jI~CEB. TAWRESEY, Mayor/~ ;y , C1 k ROBERT O. CONOLEY, City Attorney ~ FII.ED WITH THE CITY CLERK: November 30, 1988 PASSED BY THE CITY COUNCIL: December 1, 1988 PUBLISHED: December 7, 1988 EFFECTIVE DATE: December 12, 1988 ORDINANCE NO. 88-27 Vehicle Licenses 46,16.381 call letter license plate as issued under the provisions of RCW 46.16.320 through 46.16.350, and who has al- lowed his federal communications commission license to expire, or has had it revoked, must notify the director in writing within thirty days and surrender his call letter license plate. Failure to do so is a traffic infraction. [1979 ex.s. c 136 § 49; 1967 c 32 § 24; 1961 c 12 § 46- .16.350. Prior: 1957 c 145 § 4.] Effective date Severability ..-1979 ex.s. c 136: See notes fol- lowing RCW 46.63.010. 46.16.371 Special plates for honorary consul, foreign government representative. (1) Every honorary consul or official representative of any foreign government who is a citizen or resident of the United States of America, duly licensed and holding an exequatur issued by the department of state of the United States of America is entitled to apply to the director for, and upon satisfac- tory showing, and upon payment of regular license fees and excise tax, to receive, in lieu of the regular motor vehicle license plates, such special plates of a distin- guishing color and running in a separate numerical se- ties, as the director shall prescribe. Application for renewal of the license plates shall be as prescribed for the license renewal of other vehicles. (2) Whenever the owner or lessee as provided in sub- section (1) of this section transfers or assigns his interest or title in the motor vehicle to which the special plates were attached, the plates shall be removed from the mo- tot vehicle, and if another vehicle is acquired, attached thereto, and the director shall be immediately notified of the transfer of the plates; otherwise the removed plates shall be immediately forwarded to the director to be de- strove& Whenever the owner or lessee as provided in sub;ection (1) of this section is for any reason relieved of his duties as an honorary consul or official representative of a foreign government, he shall immediately forward the special plates to the director, who shall upon receipt thereof provide such plates as are otherwise provided by law. [1987 c 237 § 1.] 46.16.381 Special parking pri,ileges for disabled per- sons Penalties for unauthorized use or parking. (I) The director shall grant special parking privileges to any person who meets one of the following criteria: (a) Loss of both lower limbs; (b) Loss of normal or full use of the lower limbs to sufficiently constitute a severe disability; (c) Is so severely disabled, that the person cannot move without the aid of crutches or a wheelchair; (d) Loss of both hands; (e) Suffers from lung disease to such an extent that forced expiratory respiratory volume, when measured by spirometry is less than one liter per second; or (f) Impairment by cardiovascular disease to the extent that the person's functional limitations are classified as class III or IV under standards accepted by the Ameri- can Heart Association. (2) Persons with special parking privileges are entitled to receive from the department of licensing both a spe- cial card to be left in a vehicle in a conspicuous place (19S7 Ed.) and, for one motor vehicle only, a decal to be attached to the vehicle in a conspicuous place designated by the di- rector. Instead of the decal and regular motor vehicle li- cense plates, the disabled persons are entitled to receive a special license plate. The card, decal, and special li- cense plate shall be designed to show distinguishing marks, letters, or numerals indicating that the vehicle is being used to transport a disabled person. Persons using vehicles displaying the special license plate, card, or de- cal shall be permitted to park in places otherwise re- served for physically disabled persons. The director shall also adopt rules providing for the issuance of special cards to public transportation authorities, nursing homes licensed under chapter 18.51 RCW, senior citizen cen- ters, and private nonprofit agencies as defined in chapter 24.03 RCW that regularly transport disabled persons who have been determined eligible for special parking privileges provided under this section. The special card shall be displayed in a vehicle operated when actually transporting the disabled persons. Public transportation authorities, nursing homes, senior citizen centers, and private nonprofit agencies are responsible for insuring that the special cards are not used improperly and are responsible for all fines and penalties for improper use. (3) Whenever the disabled person transfers or assigns his or her interest in the vehicle, the special decals or li- cense plate shall be removed from the motor vehicle. The person shall immediately surrender the decal to the director together with a notice of the transfer of interest in the vehicle. If another vehicle is acquired by, or for the primary use of, the disabled person, a new decal shall be issued by the director. If another vehicle is ac- quired by the disabled person and a special plate is used, the plate shall be attached to the vehicle, and the direc- tot shall be immediately notified of the transfer of the plate. !f another vehicle is not acquired by the disabled person, the removed plate shall be immediately for- warded to the director to be reissued later upon payment of the regular registration fee. (4) The special license plate shall be renewed in the same manner and at the time required for the renewal of regular motor vehicle license plates under this chapter. No special license plate may be issued to a person who is temporarily disabled. A person who is permanently dis- abled under this section shall be issued a permanent card. A person who is temporarily disabled under this section shall be issued a temporary card which shall be renewed, when required by the director, by satisfactory proof of the right to continued use of the card. (5) Additional fees shall not be charged for the issu- ance of the special card and decal, and, at the time the vehicle is originally licensed in this state, no additional . fee may be charged for the issuance of the special ti- cense plate except the regular motor vehicle registration fee and any other fees and taxes required to be paid upon initial registration of a motor vehicle. (6) Any unauthorized use of the special card, the de- cal, or the special license plate is a traffic infraction. (7) It is a traffic infraction, with a monetary' penalty of not less than fifteen and not more than fifty dollars [Title 46 RCW--p 531 46.16.381 Title 46 RCW: Motor Vehicles property reserved for physically' dis~bled pel;s6ns';~ith6u~ a special license plate~ card, 0~'di~ai. If charged with a violation, the person ihill~ot be dete,r~ mined to have committed an infradtibn7 produces in court,Or;before the special lice~iSe' pld~;'~ai'd,'o/"d~ai~ra~i~ired section~'Or' demon~l~:~es that the person.was entitled the s~ecial license plate, card, or dec~..T (8) It is a misdemeanor for any person to wilfully ob- tain a special decal, license plate, or card in a manner other than that established under this section. [1986 c 96 § 1; 1984 c 154 § 2.] Intent 1984 c 154: 'The legislature intends to extend special parking privileges to persons with disabilities that substantially impair mobility.' [1984 ¢ 154 § l.] Applicstion 1984 c 154: 'This act applies to special license plates, cards, or decals issued after June 7, 198l. Nothing in this act invalidates special license plates, cards, or decals issued before June 7, 198,1.' [1984 c 154 § 9.] Severability 1984 c 154: 'If any provision of this act or its ap- plication to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or cir- cumstances is not affected.' [19~4 c 154 § 10.] 46.16.390 Special plate, card, or deca[ issued by' an- other jurisdiction. A special license plate, card, or decal issued by another state or country that indicates an oc- cupant of the vehicle is disabled, entitles the vehicle on or in which it is displayed and being used to transport the disabled person to lawfully park in a parking place reserved for physically disabled persons pursuant to chapter 70.92 RCW or authority implemental thereof. [1984 c 51 § 1.] 46.16.450 Appeals to superior court from suspension, revocation, cancellation, or refusal of license or certifi- cate. See RCW 46.12.240. 46.16.460 Nonresident members of armed forces Issuance of temporary license. Upon the payment of a fee of ten dollars therefor, the department of licensing shall issue a temporary motor vehicle license for a motor vehicle in this state for a period of forty-five days when such motor vehicle has been or is being purchased by a nonresident member of the armed forces of the United States and an application, accompanied with prepay- rnent of required fees, for out of state registration has been made by the purchaser. [1979 c 158 § 141; 1967 c 202 § 4.1 46.16.470 Temporary license Display. The tem- porary license provided for in RCW 46.16.460 shall be carried on the interior of the motor vehicle in such a way as to be clearly visible from outside the vehicle. [1967 c 202 § 5.] 46.16.480 Nonresident members of armed forces Exemption from sales, use, or motor vehicle excise taxes Extent of exemption. The original purchaser of a motor vehicle, for which a temporary license as pro- vided in RCW 46.16.460 has been issued, shall not be [Title 46 RCW--p 54] subject to the sales tax, use tax, or motor vehicle excise tax during the effective period of such license or there- after unless the motor vehicle. after the effective period of such license, is still in this state or within a period of one year after the effective period of such license is re- turned to this state. [1967 c 202 § 6.] Motor vehicle excise tax: Chapter 82.44 RCW. 46.16.490 Nonresident members of armed forces Rules and regulations Proof. The department of li- censing shall prescribe rules and regulations governing the administration of RCW 46.16.460 through 46.16- .490. The department may require that adequate proof of the facts asserted in the application for a temporary license shall be made before the temporary license shall be granted. [1979 c 158 § 142; 1967 c 202 § 7.] 46.16.500 Liability of operator, owner, lessee for vi- olations. Whenever an act or omission is declared to be unlawful in chapter 46.16 RCW, if the operator of the vehicle is not the owner or lessee of such vehicle, but is so operating or moving the vehicle with the express or implied permission of the owner or lessee, then the oper- ator and/or owner or lessee are both subject to the pro- visions of this chapter with the primary responsibility to be that of the owner or lessee. If the person operating the vehicle at the time of the unlawful act or omission is not the owner or lessee of the vehicle, such person is fully authorized to accept the ci- tation and execute the promise to appear on behalf of the owner or lessee. [1980 c 104 § 3; 1969 ex.s. c 69 § 2.] 46.16.505 Campers License and plates Ap- plication Fee. It shall be unlawful for a person to operate any vehicle equipped with a camper over and along a public highway of this state without first having obtained and having in full force and effect a current and proper camper license and displaying a camper li- cense number plate therefor as required by law: Pro- vMed, however, That if a camper is part of the inventory of a manufacturer or dealer and is unoccupied at all times, and a dated demonstration permit, valid for no more than seventy-two hours is carried in the motor re- hicle at all times it is operated by any such individual, such camper may be demonstrated if carried upon an appropriately licensed vehicle. Application for an original camper license shall be made on a form furnished for the purpose by the dlrec- tot. Such application shall be made by the owner of the camper or his duly authorized agent over the signature of such owner or agent, and he shall certify that the statements therein are true and to the best of his knowl- edge. The application must show: (1) Name and address of the owner of the camper; (2) Trade name of the camper, model, year, and the serial number thereof; (3) Such other information as the director requires. There shall be paid and collected annually for each registration year or fractional part thereof and upon (1987 Ed.) Rules of The Road 46.61.582 9on any bridge or other elevated structure upon ~y or within a highway tunnel; On any railroad tracks: In the area between roadways of a divided high- ,ncluding crossovers; or (x) At any place where official signs prohibit stopping. (b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: (i) In front of a public or private driveway or within five feet of the end of the curb radius leading thereto; (ii) Within fifteen feet of a fire hydrant; (iii) Within twenty feet of a crosswalk; (iv) 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; (v) Withih 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 (vi) At any place where official signs prohibit standing. (c) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually en- gaged in loading or unloading property or passengers: (i) Within fifty feet of the nearest rail of a railroad crossing; or (ii) At any place where official signs prohibit parking. (2) 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. (3) 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. (4) It shall be unlawful for any person to reserve or attempt to reserve any portion of a highway for the pur- pose of stopping, standing, or parking to the exclusion of any other like person, nor shall any person be granted such right. [1977 ex.s. c 151 § 40; 1975 c 62 § 35; 1965 ex.s. c 155 § 66.] Rules o{ court: Monetary penalty schedule 3TIR 6.2. Federal requii'ements Severability 1977 ex.s. c 151: See RCW 47.98.070 and 47.98.080. Severability 1975 c 62: See note following RCW 36.75.010. 46.61.575 Additional parking regulations. (I) Except as otherwise provided in this section, 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) Except when otherwise provided by local ordi- nance. every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel. to the (1987 E~.) curb or edge of the roadway, in the direction of author- ized traffic movement. with its right-hand wheels within twelve inches of the right-hand curb or as close as prac- ticable 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. (3) Local authorities may by ordinance or resolution permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway unless the secretary of transportation has determined by order that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. (4) The secretary with respect to highways under his or her jurisdiction may place official traffic control de- vices prohibiting, limiting, or restricting the stopping, standing, or parking of vehicles on any highway where the secretary has determined by order, such stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would unduly interfere with the free movement of traffic thereon. No person shall stop, stand, or park any vehicle in violation of the restrictions indicated by such devices. [1977 ex.s. c 151 § 41; 1975 c 62 § 36; 1965 ex.s. c 155 § 67.] Rules of court: Monetary penalty schedule JTIR 6.2. Federal requirements Severability 1977 ex.s. c 151: See R. CW 47.98.070 and 47.98.080. Severability 1975 c 62: See note following RCW 36.75.010. 46.61.577 Regulations governing parking facilities. The secretary of transportation may adopt regulations governing the use and control of park and ride lots and other parking facilities operated by the department of transportation, including time limits for the parking of vehicles. [1981 c 185 § l.] Rules of court: Monetary penalty schedule JTIR 6.2 46.61.581 Indication of parking space for disabled persons. A parking space or stall for a physically dis- abled person shall be indicated by: (1) A painted white line, at least six inches in width~ on the improved s_Urface ~elineating the perimeter of the parking space or stall; and (2) A vertical sign, between forty-eight and sixty inches off the grOUnd, with the international ,symbol Of access desi:ribed uhde.r~*RCW 7.0.92-120,ind the notice 'State disabled parking permit required.~ This section shall not apply to vertical signs in use on June 7, 1984, except that within two years of this date each vertical sign must display the notice "State dis- abled parking permit required." [1984 c 154 § 4.] Intent Application Severability 1984 c 154: See notes following RCW 46.16.381. 46.61.582 Free parking by disabled persons. Any person who meets the criteria for special parking privi- leges under RCW 46.16.381 shall be allowed free of charge to park a vehicle being used to transport that person for unlimited periods of time in parking zones or [Title 46 RCW--p 1811