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ORD 93-12 STOPPING AND PARKING VEHICLES WITHIN THE CITYORDINANCE NO 93-12 AN ORDINANCE of the City of Bainbridge Island relating to the regulation of stopping and parking vehicles within the City; repealing Ordinances No. 82-12, 83-04, 84-06, 86-20, 88-27, 89-07; repealing Chapter 10.08 of the Bainbridge Island Municipal Code; and adding a new chapter to Title 10 of the Bainbridge Island Municipal Code. THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND DO ORDAIN as follows: Section 1. This ordinance repeals Chapter 10.08 of the Bainbridge Island Municipal Code and Ordinances No. 82-12, 83-04, 84-06, 86-20, 88-27, and 89-07. Section 2. There is added to Title 10 of the Bainbridge Island Municipal Code a new chapter entitled 'Parking Regulations" to read as follows: 10.08.010 Regulations Applicable to Designated Parking Areas in the City. The regulations set forth in Sections 10.08.020 through 10.08.160 regarding the stopping, standing and parking of vehicles shall apply to the areas described in each section. { 10.08.020 Back in Only. In areas designated 'Back in Only," vehicles must be backed into available parking places. 10.08.030 Loading Zone. In areas designated "Loading Zone," no vehicle shall stop, stand or be parked for any purpose or period of time other than for expeditious loading or unloading.* 10.08.040 Disabled Loading. In areas designated "Disabled Loading," no vehicle shall stop, stand or be parked for any purpose or period of time other than for the expeditious loading or unloading of disabled passengers for a reasonable period of time. 10.08.050 Disabled Parking Only. In areas designated "Disabled Parking Only", no vehicle shall be parked unless it bears a valid decal or other official mark * 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. 10.08.060 No Parking. In areas designated "No Parking," the parking of any vehicle is prohibited. 10.08.070 Restricted Carpool. In areas designated "Restricted Carpool," no vehicle shall be parked before 9:00 a.m. on Monday through Friday, unless: F:\DMS\RAL\0009657.02 07/09/92 - 1 - 1. A valid carpool permit issued by the City is displayed on the inside lower left-hand corner of the windshield in such a manner that the carpool permit number t, and expiration date are visible from the outside of the vehicle; 2. The car is parked in the space assigned to the carpool permit; and 3. Three or more individuals are in the car at the time it is parked in the assigned space. If the carpool is reduced to less than three individuals the car shall be parked in a non -carpool space and pay the appropriate parking fee for that non -carpool space. 10.08.080 Monthly Parkins. In the areas designated "Monthly Parking," no vehicle shall be parked before 9:00 a.m. on Monday through Friday unless a current, valid monthly parking permit issued by the City is displayed on the inside lower left-hand comer of the windshield in such a manner that the monthly parking permit number and expiration date are visible from the outside of the vehicle. 10.08.090 Carpool and Monthly Parking. At all times not governed by Sections 10.08.070 and 10.08.080, no vehicle may park in a "Carpool" or "Monthly Parking" space unless there has been deposited in the applicable parking fee collection box, in the appropriate slot, in United States Currency, check or money order, * the appropriate parking fee designated by the City by resolution or ordinance.* 10.08.100 Areas Where Signs Posted. A. In areas for which a sign has been posted limiting the hours during which parking is permitted or limiting the duration of time for which vehicles may park, no vehicles shall be parked for a longer period than the stated duration; provided, however, that motorists wishing to park two or more consecutive twenty -four-hour periods in city parking lots near the Washington State Ferry Terminal may do so only after making prior arrangements with the City for payment of all applicable parking fees.* Failure to comply with this section shall constitute 'overtime parking". B. In areas for which a sign has been posted limiting the hours during which parking is permitted or limiting the duration of time for which vehicles mU park, no person shall stop, stand or park a vehicle within any such designated area for a longer period than is allowed by the posted limitation or duration. It is unlawful for my person to move a vehicle from one parking space to any other parking space for the purpose of evading time limitations on parking. A person shall have violated this section if the person moves and reparks a vehicle on either side of a street within the same block * after the vehicle has been chalked. C. Chalk mark identification. In checking for overtime parking. police officers and designated traffic control officers are authorized to use chalk marks on the tires, of parked vehicles or any other identifying mark that does not deface the vehicle. It is unlawful for anv person to erase or obliterate such mark for the purpose of interfering with such checking for overtime parking. F:\DMS\RAL\0009657.02 07/09/92 - 2 - 10.08.110 Areas Where Parking Fee Collection Boxes Installed. In areas for which parking fee collection boxes have been installed, no vehicle shall be parked during the hours for which parking fees are charged unless there has been deposited in the applicable parking fee collection box, in the appropriate slot, in United Stafes currency, check or money order, the appropriate parking fee'as designated by the City by resolution or ordinance. A. For purposes of vehicles parked in the City parking lot at the Washington State Ferry Terminal, the parking fee collection box located at the southern end of the parking lot shall be deemed the applicable parking fee collection box. B. For purposes of those vehicles parked in the Civic Center Parking Lot, the parking fee collection box located at the southern end of the parking lot shall be deemed the applicable parking fee collection box. C. For purposes of those vehicles parked on Bjune and Brien Drives, the parking fee collection box located at the east intersection of Bjune and Brien Drives shall be deemed to be the applicable parking fee collection box. D. Failure to comply with this section shall constitute "overtime parking". 10.08.120 Taxi Zone. In areas designated "Taxi Zone", no vehicle ,ther than a taxi shall stop, stand or be parked for any purpose or period of time. Taxis may stop, stand, or park in these areas solely for the expeditious loading and unloading of passengers. 10.08.130 Bus Zone. A. In areas designated "Bus Zone", no vehicle other than a bus shall stop, stand or be parked for any purpose or period of time. Buses may stop, stand, or park in these areas solely for the expeditious loading and unloading of passengers. B. For purposes of this section, the term bus shall mean: 1. Any motor vehicle used for the purpose of carrying passengers together with incidental baggage or freight, on a regular schedule of time and rates; or 2. Any motor vehicle designed for the purpose of carrying passengers (having a seating capacity for eleven or more persons) used regularly to transport persons in furtherance of any organized agricultural, religious, or charitable purpose; or 3. Any school bus. 10.08.140 Bicycle Parking. In areas designated "Bicycle Parking", only bicycles shall be permitted to stop, stand or be parked. For purposes of this section, "bicycle" means any device capable of being propelled �olely by human power upon which any person may ride, having two tandem feels either of which is more than twenty inches in diameter. F:\DMS\RAL\0009657.02 07/09/92 -3- S 142 10.08.150 Motorcycle Parking. In areas designated "Motorcycle Parking," only motorcycles and mopeds shall stop, stand or park. For purposes of this section, "motorcycle" means every,motor vehicle having a saddle for the use of the ride and designed to travel on not more than three wheels in contact with the ground, but excluding a farm tractor and a moped. For purposes of this section, "moped" means -any two -wheeled or three -wheeled device having fully operative pedals for propulsion by human power and a motor with a cylinder displacement not exceeding fifty cubic centimeters which produces no more than two gross brake horsepower (developed by a prime mover, as measured by a brake applied to the driving shaft) and is capable of propelling the device at a maximum speed of not more than thirty miles per hour on level ground, and the wheels of which are at least sixteen inches in diameter. 10.08.160 Areas Limited to Designated Vehicles. In areas for which a sign has been posted limiting_ parking to certain types of vehicles, no vehicle other than the designated vehicle shall stop, stand or be parked for any purpose or period of time. 10.08.170 Illegal Parking Defined. The failure to comply with the regulations set forth in Sections 10.08.020 through 10.08.160 shall constitute "illegal parking". 10.08.180 Regulations Applicable to Stopping; and Parking in All Areas of the A. No vehicle shall stop, stand or park in such a manner as to impede traffic.` "Impede traffic" shall be defined as the stopping, standing or parking of a vehicle in such a manner as to interfere with , obstruct or stop the lawful passage of pedestrians or other vehicles. Failure to comply with this paragraph shall constitute "impeding `traffic". B. No vehicle shall stop, stand or park in any parking area designated by lines or marks in any manner that the vehicle extends over -or across any such line or mark or in such manner that the vehicle is not within the area so designated by such lines or marks. Failure to comply with this paragraph shall constitute "improper parking." C. No vehicle shall stop, stand or park in any designated or non -designated parking space in such a manner that the vehicle faces on -coming traffic. Failure to comply with this paragraph shall constitute "wrong way" parking. D. No vehicle shall stop, stand or park on any City owned property except in areas which have been clearly identified by the City by sign, painted lines or other marking as parking spaces. 10.08.190 Adoption by _Reference. The following statutes of the State of Washington are adopted by reference: RCW 46.61.570 Stopping, standing or parking_ prohibited in specified places Reserving portion of highway prohibited. RCW 46.61.575 Additional parking regulations. F:\DMS\RAL\0009657.02 07/09/92 - 4 - C RCW 46.61.581 Indication of parking space for disabled persons — Failure, penalty. RCW 46.61.582 Free parking for disabled persons. RCW 46.61.583 Special plate, card or decal issued by another jurisdiction. 10.08.200 Additional General Regulations. A. No person shall deposit or cause to be deposited in any parking fee collection box any slug, button, foreign currency, or any other device or substance as a substitute for currency of the United States, check or mond order. Failure to comply with this paragraph shall constitute "illegal use," and any items so deposited will not be credited toward payment of the applicable parking fee. B. No person shall duplicate or falsify any carpool parking permit or monthly parking permit issued by the City. C. Compliance with the provisions of this section shall not relieve any person from compliance with the provisions of any other Bainbridge Island Ordinances prohibiting or regulating the stopping, standing or parking of vehicles. 10.08.210 Administration. A. The City shall set up administrative procedures for the administration of parking pursuant to the provisions of this chapter, including, but not limited to, procedures for the issuance of carpool and monthly parking permits. B. In addition, the Mayor shall appoint and swear in one or more persons as parking enforcement officers who shall be under the supervision of the Police Department. The parking enforcement officers shall have authority to issue notices of * traffic infractions relating to the parking, standing or stopping of vehicles, but shall not be considered Uniformed Police Officers for purposes of LEOFF and civil service statutes. 10.08.220 Revocation of Carpool Permits. A. The City shall revoke the carpool parking privileges of any carpool parking permit holder determined to have duplicated or falsified a carpool parking permit. B. The City shall revoke for a period of one year the carpool parking privileges of any carpool parking permit holder who is determined to have violated the provisions of Section 10.08.070 above on two or more occasions. C. If, as a result of the revocations described in this section, the number of members in a carpool group falls below three, the carpool group will be responsible for substituting a new carpool member. This new carpool member must be registered in the F:\DMS\RAL\0009657.02 07/09/92 -5 - manner required by the City prior to the further exercise by the carpool group members of their carpool permit privileges. 10.08230 Revocation of Monthly Parking Permits. A. The City shall revoke the monthly parking privileges of any permit holder determined to have duplicated or falsified a monthly parking permit. B. The City shall revoke for a period of one year the monthly parking privileges of any permit holder who is determined to have violated the provisions of Section 10.08.080 above on two or more occasions. 10.08240 Registered Owner's Responsibility. The registration or licensing of a vehicle in the name of a person, persons, entity or entities shall raise a prima facie presumption that the person, persons, entity or entities is responsible for all traffic infractions set forth in this chapter which are attributable to the vehicle. The prima facie presumption may be rebutted by a showing by the party or parties charged with the traffic infraction that they are not in fact responsible for the traffic infractions. 10.08.250 Penalties. A. It shall be a traffic infraction for any person to permit or allow a motor vehicle to stop, stand or 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 $10.00 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, valid card, decal or other official mark, the moneta112enalty shall be $35.00 for each such violation. Notice of traffic infractions shall be affixed in a conspicuous place to the motor vehicle stopping, 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 JTIR). C. In the event that response to the Notice of Traffic Infraction is not made in accordance with the provisions of Paragraph B of this section, the following additional sanctions will apply: 1. An additional monetary penalty will be imposed pursuant to JTIR 2.5 for failure to respond. 2. The City may refer the case to the City Attorney for criminal prosecution. F.\DMS\RAL\0009657.02 07/09/92 - 6 - Section 3. Parking Fees. A. The following parking fees shall apply to parking within the designated areas of the City during the times set forth below. 1. Fees and Hours Applicable to Parking in the Numbered Parking Spaces Near the Washington State Ferry Terminal Spaces 508-567 and 630-650: �ja 6:00 a.m. - 9:00 a.m. - Limited to "Carpool' designated automobiles parkin dg uring these hours in their assigned spaces. Carpool automobiles mU park all day Monda through�Fridax for the sum of $70.00 each two calendar month period (not to be pro -rated). Jb 9:00 a.m. - 6:00 p.m. - Available to all automobiles. $4.00 per vehicle per incident of parking per da. Spaces 651-668: La) 6:00 a.m. - 9:00 a.m. - No parking. 9:00 a.m. - 6:00 p.m. - Available to all automobiles. $4.00 per vehicle per incident of parking per day_ Spaces 576-629 and 669-685: Available to all automobiles. $4.00 per vehicle per incident of parking per day. 2. Fees and Hours Applicable to Parking; in the Numbered Parking Spaces in the Municipal Parking Lot Adjoining the Winslow City Hall All Spaces: (a) 6:00 a.m. - 9:00 a.m. - Limited to "Monthly" Designated automobiles parking during these hours. Automobiles displaying current, valid monthly permits may park all day Monday through Friday for the sum of 60.00 for each calendar month (not to be pro -rated). (b) 9:00 a.m. - 6:00 p.m. - Available to all automobiles. $4.00 per vehicle per incident of parking per day. F:\DMS\RAL\0009657.02 07/09/92 - 7 - 1 I 3. Fees and Hours Applicable to Parking in the numbered Parking Spaces on Briew and Bjune Drive. All Spaces: (a) 6:00 a.m. - 9:00 a.m. - Limited to "Monthly" designated automobiles parking during these hours. Automobiles displaying current, valid monthly permits may park all day Monday through Friday for the sum of $40.00 for each calendar month (not to be pro -rated). (b) 9:00 a.m. - 6:00 p.m. -.Available to all automobiles. $3.00 per vehicle per incident of parking per day. B. No Hourly Rates. The fee of $3.00 and $4.00 per vehicle per incident of parking per day is a flat rate. No provision is made for hourly rates. C. Incident of Parking Defined. Incident of parking means the single act of parking a single automobile in a single space within the parking area. The $3.00 and $4.00 per vehicle per day parking fees set forth above entitle the payor to a single incident of parking. The payor may not substitute vehicles within a given space, may not leave and returrk to a given space, and may not move to another space within the parking area unless he pays an additional full day's parking fee for each such change. D. No Charge for Parking During Certain Hours. No fee shall be charged for parking a vehicle on City Streets: 1. on Sundays 2. on legal holidays 3. After 6:00 p.m. 4. Before 6:00 a.m. Section 4. Severability. Should any provisions of this ordinance be held invalid, the remaining provisions of this ordinance shall continue in full force and effect. Section 5. Effective Date. This ordinance shall be in full force and effect five (5) days after its passage, approval, publication and posting as required by law. PASSED by the City Council this 1993. F:\DMS\RAL\0009657.02 07/09/92 -8- �7-11 day of APPROVED by the Mayor this 4th--, day 'of Iarch 1993. Sam �+. Cyr,6nato, Mayor ATTEST/AUTHENTICATE: Ralph Eells, Clerk -Treasurer APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL. March 4, 1993 PUBLISHED: May 26, 1993 POSTED: May 26, 1993 EFFECTIVE DATE: May 31, 19 9 3 ORDINANCE NO.: 9 3 -12 F:\DMS\RAL\0009657.02 07/09/92 - 9 -