HomeMy WebLinkAboutO-1912 - Adds Ch. 11.08; repeals Sec. 11.04.045, parking (11.08)c.".'
CIT Y 0 F MAR Y S V ILL E
Marysville,washinqton
ORDINANCE NO.1ft!)..
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON
ESTABLISHING A NEW CHAPTER OF THE MARYSVILLE MUNICIPAL
CODE RELATING TO PARKING REGULATIONS;PROVIDING FOR THE
ENFORCEMENT THEREOF;AND PROVIDING PENALTIES FOR,
VIOLATIONS;AND REPEALING SECTION 11.04.045 OF THE
MARYSVILLE MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO
ORDAIN AS FOLLOWS:
11.08.010 purpose.Pursuant to Article 11,section 11 of
the Constitution of the State of Washinqton and Title 46 of the
Revised Code of Washington,and RCW 35.22.280(7)and (30),the
city enacts the ordinance codified as Chapter 11.08 of the
Marysville Municipal Code in the exercise of the police power,to
protect the pUblic health and safety and promote the general
welfare of the community by:
A.Making possible the use of on-street parking spaces by the
maximum number of vehicles consistent with the demands of
commerce;
B.Minimizing the congestion and air pollution caused by slow-
moving and recirculating motor vehicles;
C.Accommodating the maintenance of pUblic streets in a
condition reasonably safe for pUblic travel;
D.Fostering the conduct of private and pUblic commerce;
E.Encouraging respect and general public obedience of the laws
of the city and deterring repeated violations.
This chapter does not create nor otherwise establish or
designate any particular class or qroup of persons who will or
should be especially protected or benefitted by the terms of
these regulations.It is the specific intent of the regulations
set forth in this chapter to place the obligation of compliance
upon the registered owner,legal owner and driver of the vehicle
and no provision or term used in these regulations is intended to
impose any duty Whatsoever upon the City or any of its officers,
employees,or agents for whom the implementation or enforcement
of these regulations shall be discretionary and not mandatory.
Nothing contained in these regulations is intended to be nor
shall be construed to create or form the basis for any liability
on the part of the City,its officers,employees or agents,for
any injury or damage resulting from the failure to comply with
these regulations,or in consequence or in connection with the
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implementation or enforcement of these regulations,or by reason
of any action or inaction on the part of the City related in any
manner to the enforcement of these regulations by its officer,
employees or agents.
Notwithstanding any language used in this chapter,it is not
the intent of this chapter to create a duty and/or cause of
action running to any individual or identifiable person,but
rather any duty is intended to run only to the general pUblic.
11.08.020 Definitions.Unless otherwise provided or unless
the context clearly requires a different meaning,the following
terms shall have the meaning given to them herein:
1."Alley"means a public highway not designed for general
travel and used primarily as a means of access to the rear of
residences and business establishments.
2."Alley entrance"means that portion of the street which
provides access to an alley through curb cut or a depression in
the constructed curb or,when there is no constructed curb,that
are in front of such alley as is well defined or is designated by
authorized signs,markings or existing physical features."Alley
entrance"shall include an alley exit for one-way alleys.
3."Bus"means every motor vehicle designed for carrying
more than ten passengers and used for transportation of persons,
and every motor vehicle,other than taxicabs,designed and used
for the transportation of persons for compensation.
4."Bus stop"means a fixed portion of the highway
parallel and adjacent to the curb and designated by a sign to be
reserved exclusively for buses for layover in operating schedules
or while waiting for,loading or unloading passengersj provided,
that such bus provides regularly scheduled service within the
City.
5."Camper"means a structure designed to be mounted upon
a motor vehicle and which provides facilities for human
habitation or for temporary outdoor or recreational lodging.
6."City"means the City of Marysville.
7."City street"or "street"means every pUblic highway or
part thereof located within the limits of the City,except
alleys.
8."Crosswalk"means that portion of the roadway between
the intersection area and a prolongation or connection of the
farthest sidewalk line or in the event there are no improved
sidewalks,then between the intersection area and a line ten feet
therefrom,except as modified by a marked crosswalk.
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'..', ,.,I',••
9."Curb"or "curb line"means the edge of a roadway,
either marked by curbing construction or not.
10."Fire exit"means that portion of any street contiguous
to and opposite any outside court,corridor,passage,fire
escape,exit or entrance door,or any other place adjacent to,or
any door opening in an outer wall of any building containing,in
whole or in part,any theater,pUblic aUditorium,church,dance
hall or other pUblic assembly through which the public must.pass
to leave such building.
11."Fire zone"means an area of street in the vicinity of
churches,schools,hospitals,theaters or other pUblic buildings;
and an area along curves,narrow streets and in alleys to
facilitate unimpeded exit from such buildings by large numbers of
persons and to facilitate adequate maneuvering room for fire
apparatus at all times.
12."Highway"means the entire width between the boundary
lines of every way publicly maintained when any part thereof is
open to the use of the pUblic for purposes of vehicular travel.
13."Intersection"means the area embraced within the
prolongation of the lateral curb lines or,if there be no curbs,
then the lateral roadway boundary lines of two or more streets
which join one another at an angle,whether or not such streets
cross one another.The junction of an alley with a street or
highway shall not constitute an intersection for purposes of this
ordinance.
14."Legal owner"means a person having a security interest
in a vehicle perfected in accordance with RCW Chapter 46.12 or
the registered owner of a vehicle unencumbered by a security
interest or the lessor of a vehicle unencumbered by a security
interest.
15."Loading zone"means a space reserved for the exclusive
use of vehicles during the loading or unloading of property or
passengers.
16."Motorcycle"means every motor vehicle having a saddle
for the use of the rider and designed to travel on not more than
three wheels in contact with the ground.
17."Motor home"means motor vehicles originally designed,
reconstructed or permanently altered to provide human habitation.
18."Motor vehicle"means every vehicle which is self-
propelled and every vehicle which is propelled by electric power
obtained from overhead trolley wires,but not operated upon
rails.
19."Operator"or "driver"means every person who drives or
is in actual physical control of a vehicle.
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20."Ordinance"means the City's parking regulation
ordinance.
21."Owner"means a person who has lawful right of
possession of a vehicle by reason of obtaining it by purchase,
exchange,gift,lease,inheritance or legal action whether or not
the vehicle is sUbject to a security interest and means
registered owner where the reference to owner may be construed as
either to registered or legal owner.
22."Park"or "parking"means the standing of a vehicle,
whether occupied or not,otherwise than temporarily for the
purpose of and while actually engaged in loading or unloading of
property or passengers.
23."Parking enforcement officer"means an employee of the
city under the direction of the Police Department who is
responsible,along with the City's police officers,to enforce
the provisions of this chapter.
24."Parking space"means any space which is duly
designated for the parking of a single vehicle by appropriate
markings on the pavement and/or the curb.
25."Parking violation"means a traffic infraction which is
the infringement of any parking regulation adopted by the city.
26."Passenger loading zone"means a place reserved for the
exclusive use of vehicles while receiving or discharging
passengers.
27."Planting strip"means the portion of a highway lying
between the constructed curb or the edge of the roadway and the
property line exclusive of the sidewalk area.
28."Police officer"means a law enforcement officer of the
city of Marysville.
29."Registered owner"means the person whose lawful right
of possession of a vehicle has most recently been recorded with
the Washington state Department of Licensing.
30."Roadway"means that portion of a highway improved,
designed or ordinarily used for vehicular travel,exclusive of
the sidewalk or shoulder,even though such sidewalk or shoulder
is used by persons riding bicycles.
31."Safety zone"means the area or space officially set
apart within a roadway for the exclusive use of pedestrians and
which is protected or is marked or indicated by painted marks,
signs,buttons,standards or otherwise,so as to be plainly
discernible.
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32."Sidewalk"means the property between the curb lines or
for the lateral lines of a roadway and the adjacent property,set
aside and intended for the use of pedestrians or such portion of
private property parallel and in proximity to a pUblic highway
and dedicated to use by pedestrians.
33."Stand"or "standing"means the halting of a vehicle,
whether occupied or not,otherwise than temporarily for the
purpose of and while actually engaged in receiving or dischaFging
passengers.
34."stop"or "stopping"means any halting of a vehicle
resulting in complete cessation from movement,even momentarily.
35."Tow-away zone"means a portion of a street or alley
that is signed or marked as a tow-away zone.
36."Trailer"includes every vehicle without power designed
for being drawn by or used in conjunction with a motor vehicle.
37."Truck"means any motor vehicle designed or used for
the transportation of commodities,merchandise,produce,freight
or animals.
38."Truck loading zone"means a designated portion of the
street reserved for the exclusive use of truck licensed
commercial vehicles during the loading and unloading of
materials.
39."Vehicle"means every device capable of being moved
upon a highway and in,upon or by which any person or property is
or may be transported or drawn upon a pUblic highway,including
moped,excepting devices moved by human or animal power or used
exclusively upon stationary rails or tracks.For purposes of
this Chapter,the definition of "vehicle"encompasses,but is not
limited to,motor vehicles,trailers,trucks and motorcycles.
11.08.030 Stopping.Standing or Parking Prohibited in
specified Places.
A.Except when necessary to avoid conflict with other traffic,
or in compliance with the law or the directions of a police
officer or official traffic control device,no person shall:
1.stop,stand or park a vehicle:
a.On the roadway side of any vehicle stopped or
parked at the edge or curb of a street,
b.On a sidewalk or street planting strip,
c.Within an intersection,
d.On a crosswalk,
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e.Between a safety zone and the adjacent curb or
within thirty feet of points on the curb
immediately opposite the ends of a safety zone,
unless official signs or markings indicate a
different no-parking area opposite the ends of a
safety zone,
f.Alongside or opposite any street excavation or
obstruction when stopping,standing or parking
would obstruct traffic,
g.upon any bridge or other elevated structure upon a
highway or within a highway tunnel,
h.On any railroad tracks,
i.In the area between roadways of a divided highway
including cross-overs,
j.At any place where official signs prohibit
stopping,or
k.Within any fire zone or fire exit;
2.Stand or park a vehicle,whether occupied or not,
except momentarily to pick up or discharge a passenger
or passengers:
a.In front of a pUblic or private driveway or within
five feet of the end of the curb radius leading
thereto,
b.within fifteen feet of a fire hydrant,
c.within twenty feet of a crosswalk,
d.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,
e.Within 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 signed,
f.At any place where official signs prohibit
standing,or
g.At any place where City barricades are placed;
3.Park a vehicle,whether occupied or not,except
temporarily for the purpose of and while actually
engaged in loading or unloading property or passengers;
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a.within fifty feet of the nearest rail of a
railroad crossing,or
b.At any place where official signs prohibit
parking;
4.Reserve or attempt to reserve any portion of a street
or alley for the purpose of stopping,standing,o~"
parking to the exclusion of.any other like person,nor
shall any person be granted such right.
B.Parking or standing shall be permitted in the manner
provided by law at all other places except where a time
limitation or parking restriction has been imposed.
C.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 prohibited.
11.08.040 stopping.standing or Parking Next to Curb.
A.Parallel parking.Every vehicle standing or parked upon a
two-way road way shall have 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.
B.Angle Parking.
1.Upon those streets which have been signed or marked for
angle parking,no person shall park or stand a vehicle
other than at the angle to the curb or edge of the
roadway indicated by such signs or markings.The
wheels nearest the curb or edge of the roadway shall be
no more than twelve inches away from said curb or edge.
2.No person shall stop,stand or park a vehicle in any
space which has been signed or marked for angle parking
so that the vehicle,or any portion thereof,extends
into the traveled portion of the roadway so that the
vehicle either obstructs,endangers or is likely to
obstruct or endanger pedestrians or traffic.
C.Parking on Grade.Notwithstanding the requirements set
forth in this section,no person shall stand or park a
vehicle upon any perceptible grade without first turning the
front wheels to the curb or the side of the roadway.
11.08.050 Improper stopping.Standing or Parking.
A. No person shall stop,stand or park a vehicle in any
designated parking space so that any part of such vehicle
occupies more than one such space,protrUdes beyond the
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markings designating such space or protrudes into the
maneuvering lines.
B. No person shall stop,stand or park a vehicle in any parking
space for a period of time longer than the period allowed in
that time zone.Once a vehicle remains in a parking space
beyond the time which the time zone permits,each subsequent
period of time for which the vehicle remains beyond the
period of time allowed in that time zone shall constit~te a
separate violation.
C. No person shall stop,stand or park a vehicle in any parking
space which is designated "Motorcycle Only"unless the
person stops,stands or parks a motorcycle as defined in
section 11.08.020 within the designated parking space.
Motorcycle spaces will be appropriately designated by the
City's traffic engineer.
D. No person shall stop,stand or park a vehicle in any parking
space which is designated "Small Cars only"unless the person
stops,stands or parks a "small car"as defined herein within the
designated parking space."Small cars"shall be those vehicles
which can be stopped,stood or parked entirely within the
markings on the pavement which outline the "Small Car Only"
parking space."Small Car Only"spaces will be appropriately
designated by the City engineer.
11.08.060 stopping,standing and Parking of Buses and
Taxicabs.
A.The operator of a bus shall not stand or park such vehicle
upon any street or alley at any place other than a
designated bus stop.This provision shall not prevent the
operator of a bus from temporarily stopping in accordance
with other stopping,standing or parking regulations at any
place for the purpose of and while actually engaged in the
expeditious loading or unloading of passengers or their
baggage.
B.The operator of a taxicab shall not stand or park such
vehicle upon any street or alley at any place other than in
a designated taxicab stand.This provision shall not
prevent the operator of a taxicab from stopping in
accordance with other stopping,standing or parking
regulations at any place for the purpose of and while
actually engaged in the expeditious loading or unloading of
passengers.
C. No person shall stop,stand or park a vehicle other than a
bus in an officially authorized bus stop,or other than a
taxicab in an officially authorized taxicab stand,except
the driver of a passenger vehicle may temporarily stop there
for the purpose of or while actually engaged in loading or
unloading passengers when such stopping does not interfere
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with any bus or taxicab waiting to enter or about to enter
such stop or stand.
11.08.070 parking for Disabled Persons.
A. A person who has received a current and valid special
disabled person's card,decal or license plate from the
Washington state Department of Licensing under RCW 46.16.380
shall be allowed to park a vehicle being used to transport
such person in parking meter spaces free of charge and for
unlimited periods of time in parking zones or areas which
are otherwise restricted as to the length of time parking is
permitted.This section shall have no application to those
zones or areas in which the stopping,parking or standing of
all vehicles is prohibited or which are reserved for special
types of vehicles.Such person shall not be permitted the
foregoing privilege unless the person obtains and displays a
distinguishing card,decal or license plate issued pursuant
to RCW 46.16.380.
B. No person shall stop,stand or park a vehicle in a parking
space reserved for disabled persons provided on pUblic
property or on private property without charge without a
special license plate,card or decal issued pursuant to RCW
46.16.380.In addition to assessing the penalty identified
in Section 11.08.250,the Police Department may remove and
impound the offending vehicle.
C. A pUblic parking space or stall for a disabled person may be
identified by pavement paint with the international symbol
of access or a vertical sign,including fine and tow-away
information,between thirty-six and eighty-four inches off
the ground,with the international symbol of access,whose
colors are white on a blue background,described under RCW
70.92.120 and the notice "State disabled parking permit
required."
D. A parking space or stall for a disabled person shall also be
identified by a painted white line at least four inches in
width on the improved surface delineating the perimeter of
the parking space or stall and a legend of the
"international symbol of access"on the surface of the stall
in white per City standards.
1~.08.080 Parking for Disabled Persons--Private property.
Parking for disabled persons on private property may be regulated
on private property in accordance with those provisions
authorized by law including,but not limited to,RCW 46.52.1192.
11.08.090 Parking for certain Purposes Prohibited.
A. No person shall park any vehicle upon any street or alley
for the principal purpose of:
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1.Displaying of commercial,noncommercial or political
signs;
2.Displaying such vehicle for sale;
3.Selling merchandise from such vehicle,except when
authorized by the city Clerk.
B. No person shall park any vehicle upon any roadway for the
principal purpose of washing,greasing or repairing such
vehicle except repairs necessitated by an emergency.
11.08.100 parking in Passenger Loading Zone.No person
shall stop,stand or park a vehicle for any purpose or period of
time other than for the expeditious loading or unloading of
passengers in any place marked as a passenger loading aone during
hours when the regulations applicable to the loading zone are
effective,and then only for a period not to exceed three
minutes.
11.08.110 parking in Loading Zone.
A. No person shall stop,stand or park a vehicle for any
purpose or period of time other than for the expeditious
unloading and delivery or pickup and loading of property in
any place marked as a loading zone during hours when the
provisions applicable to such zone are in effect.In no
case shall the stop for loading and unloading of property
exceed thirty minutes.
B.The driver of a vehicle may stop temporarily at a loading
zone for the purpose of and while actually engaged in
loading or unloading passengers when such stopping does not
interfere with any vehicle which is waiting to enter or
about to enter such zone to load or unload property.
11.08.120 Parking in a Tow-Away Zone.No person shall
stop,stand or park a vehicle in a place marked as a tow-away
zone during hours when the provisions applicable to such zone are
in effect.
11.08.130
stand or park a
by the City.
11.08.140
parking in a Fire Lane.No person shall stop,
vehicle in a place marked as a fire lane approved
parking Not to Obstruct Traffic.
A. No person shall park a vehicle upon a street in such a
manner or under such conditions as to leave available less
than ten feet of the width of the roadway for free movement
of vehicular traffic.
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B. No person shall stop,stand or park a vehicle within an
alley unless otherwise specifically permitted in this
chapter.
11.08.150 parking in Truck Loading Zone.No person shall
stop,stand or park a truck licensed commercial vehicle for any
purpose or length of time other than for the expeditious
unloading and loading of property in a truck load zone during the
hours the zone restriction ins in effect,and then in no ca~e
shall such parking for loading and unloading of property exceed
thirty minutes.No person shall stop,stand or park a vehicle in
a truck loading zone which vehicle is not a truck licensed
commercial vehicle.
11.08.160 Unattended Vehicles.
A.No person driving or in charge of a vehicle shall permit it
to stand unattended on any street,highway,alley or pUblic
or private property without first stopping the engine,
locking the ignition,removing the key,and effectively
setting the brake thereon and,when standing upon any
perceptible grade,turning the front wheels to the curb or
side of the street or property.
B. No person operating or in charge of a vehicle shall permit
such vehicle to stand upon a street,alley or in a public
place with its motor running,leaving a minor child or
children under the age of sixteen years unattended therein.
11.08.170 Moving Vehicle in Same Block.No person shall
move and stand or repark a vehicle on a City street within the
same block.For purposes of this section,said standing or
parking of a vehicle shall be deemed continuous and in violation
of this section despite any movement of said vehicle unless said
vehicle is moved SUfficiently to pass through or across a street
intersection.
11.08.180 Vehicle Back to CUrb.No person shall stop,
stand or park a vehicle backed to the curb or at an angle to the
curb on any City street except when specifically authorized by
posted signs or painted parking stalls.
11.08.190 parking Zones.No person shall stop,stand or
park a vehicle in a parking space beyond the time permitted by
official signs.
11.08.200 Parking Trailers.campers.Motor Homes and
Trucks.
A.No person shall detach and park any trailer or camper upon
any street or alley.
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B.Persons stopping,standing or parking trailers which are
attached to towing vehicles shall abide by all parking
regulations as set forth in this chapter.
c.No person shall stand or park a truck,motor home or truck
tractor-trailer combination which has a manufacturer's gross
vehicle weight in excess of sixteen thousand pounds,a
length in excess of twenty feet,or a width in excess of
eight feet upon any portion of a street or alley within~any
residential zone as defined in the city's zoning code and
zoning map except when:
1.Property is actively loaded or unloaded from such
vehicle;or
2.The vehicle is a city vehicle or public utility vehicle
providing a service for the pUblic;or
3.The vehicle is an emergency vehicle;or
4.Such vehicle is currently used at and is located at a
specific location within a residential zone for the
purpose of assisting in the providing of services such
as construction,carpentry,plumbing or landscaping to
such residence or location.
Provided,however,motor homes can~stand or park on a
city street in a residential zone for a maximum period
of twenty-four hours provided said vehicles do not
violate any parking restrictions (such as posted time
zones)and meet all other parking regulations.It
shall be a parking violation to move or repark a motor
home within two blocks of any location where the motor
home has previously parked in a residential zone for up
to the twenty-four hour limit provided in this section.
11.08.210 Use of streets and Alleys.The purpose of city
streets and alleys is to facilitate vehicular and pedestrian
travel and provide corridors for utilities.Those uses which are
inconsistent with this purpose are prohibited unless otherwise
approved by the City through such processes as the right-of-way
use permit or parade authorization process.Any use of a City
street or alley in violation of this section shall constitute a
traffic infraction.Any person found to have violated this
section shall be SUbject to a fine of up to five hundred
dollars.
11.08.220 Regulations Not Exclusive.The provisions of
this chapter imposing time limits 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.
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11.08.230 Enforcement of parking Regulations.
A.The parking regulations set forth in this chapter shall be
enforced by the city's police officers and the City's
parking enforcement officers.However,it shall be the
primary responsibility of the parking enforcement officer to
enforce this chapter,as well as any other parking
regulations adopted by the City.The parking enforcement
officer shall be an employee of the city under the direction
of the City's police department.
B.Failure to perform any act required or the performance of
any act prohibited by this chapter is designated as a
parking violation and shall not constitute an infraction or
a criminal offense,unless otherwise specifically indicated
in this chapter.
C.City police officers and City parking enforcement officers
have the authority to issue a notice of parking violation
when the parking violation is committed in the officer's
presence.
D.If any vehicle is found parked,standing or stopped in
violation of this chapter or otherwise violates the
provisions of this chapter,the officer finding the vehicle
shall take its license number and may take any other
information displayed on the vehicle which may identify its
user,and shall conspicuously affix to the vehicle a notice
of parking violation.A notice of parking violation
represents a determination that a parking violation has been
committed.The determination will be final unless contested
as provided in this chapter.
E.The police officers and parking enforcement officers in
charge of the enforcement of the parking regulations of the
City shall,and are authorized to,mark such vehicles
parked,standing or stopped from time to time to aid in the
enforcement of this chapter.Such mark shall be by chalk
upon the tires of said vehicles or by some other convenient
method that will not be injurious to or damage such vehicle.
The marks so placed shall not be interfered with,concealed,
obliterated or erased by any person other than a police
officer or parking enforcement officer,while the same shall
remain parked or standing at the place where so marked.It
shall constitute a parking violation to interfere with,
conceal,obliterate or erase any mark in violation of this
section.
11.08.240 Registered owner Responsible--presumption.
A.Every person in whose name a vehicle is registered shall be
responsible for any violation of this chapter caused by the
parking,standing or stopping of said vehicle in violation
hereof.It shall be no defense that the vehicle was parked
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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 RCW 46.52.104 prior to the
date of the violation.
B.In any parking violation case involving a violation of this
chapter relating to the stopping,standing or parking QI a
vehicle,proof that the particular vehicle described in the
notice of parking violation was stopping,standing or
parking in violation of any such provision of this chapter,
together with proof of registered ownership of the vehicle
at the time of the violation,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 the procedure for issuing a
parking violation set forth in this chapter has been
followed.
11.08.250 Penalties.
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:Ten Dollars;
2.Unauthorized parking in alley:Ten Dollars;
3.Parking in disabled space without requisite permit,
decal,or license;Thirty Dollars;
4.Parking,stopping or standing in fire lane in violation
of this chapter:Ten Dollars;
5.Interfering with,concealing,obliterating or erasing
marks in violation of this chapter:Twenty-Five
Dollars;
no response or payment be made within ten calendar days
the date of issuance of the notice of parking violation,
penalty for each violation shall be:
6.
B.If
of
the
L
2.
3.
All other violations:Ten Dollars.
Overtime parking:Twenty Dollars;
Unauthorized parking in alley:Twenty Dollars;
Parking in disabled space without requisite permit,
decal,or license;Sixty Dollars;
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4.Parking,stopping or standing in fire lane in violation
of this chapter:Twenty Dollars;
5.Interfering with,concealing,obliterating or erasing
marks in violation of this chapter:Fifty Dollars;
6.All other violations:Twenty Dollars.
C.The penalties set forth in subsection A of this section·will
be reduced in half if the parking violation is paid in
person to the municipal court clerk's office during City's
business hours within twenty-four hours of the time and date
of issuance.In the event the municipal court clerk's
office is not open for business the day following the date
of issuance,the violator can make payment on the next City
business day and still receive the reduced penalty.
D.Payment of all parking violations shall be made to the
municipal court clerk's office.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.
E.Notwithstanding the language set forth in subsection C of
this section,if a vehicle has been cited for five or more
violations of this chapter and/or any other parking
ordinance of the city,within a six-month period,said
vehicle will not be eligible for reduction in the parking
violation penalty set forth in subsection C of this section
for a period of one hundred eighty days.
11.08.260 Failure to Comply with Notice of parking
Violation.
A. A request for a hearing or,in the alternative,payment
shall be made within ten calendar days of the date of
issuance of the notice of parking violation.If no request
for a hearing or payment is made within ten calendar days of
the date of issuance of the notice of parking violation,the
municipal court clerk's office shall mail by first class
mail a delinquency notice to the registered owner of the
vehicle to which the notice was affixed,informing him/her
of the violation and of the City's intent to commence
collection procedures.
B.If no request for a hearing or payment is made,the
registered owner of the vehicle is declared delinquent and
the city may bring suit for jUdgment on the penalties plus
costs of suit.The City may also turn this matter over to a
collection agency.
C.If no request for a hearing or payment is made within ten
calendar days of the date of issuance of the notice of
parking violation,or if no payment is made within ten
ORDINANCE - 15
Imvitle/pa~king2.ord
calendar days of a decision by the municipal court jUdge
affirming all or part of a monetary penalty,or upon a
failure to appear for such hearing,the municipal court
clerk may forward an abstract of the parking violation
record to the Department of Licensing for two or more such
violations as provided by RCW 46.20.270(3).Provided,any
appeal to Superior court shall stay the forwarding of said
abstract to the Department of Licensing as provided herein ..'
11.07.270 Hearing to Contest Validity of Notices or Explain
Mitigating Circumstances.
A. Any individual receiving a notice of parking violation may
explain mitigating circumstances or may contest the notice
issued by requesting a hearing thereon with the municipal
court judge.
B.Upon receipt of a timely request for a hearing as is
identified in Section 11.08.260,the municipal court or
designee shall set the matter for hearing on a municipal
court mitigation calendar.
c.The municipal court judge may,in his discretion,affirm,
nullify or modify the notice of parking violation.In
addition,the municipal court jUdge may,in his discretion,
modify,waive,reduce or suspend the monetary penalty
described for the violation.
11.08.280 Municipal Court JUdge Administrative Hearing
Examiner.
A.The city's municipal court jUdge and any jUdge pro tem is
hereby specifically authorized to conduct hearings as set
forth in this ordinance and to affirm,nullify,modify,
reduce or suspend a parking violation and any monetary
penalty related thereto.
B.Jurisdiction.
for presiding
well as other
he/she may be
The municipal court jUdge will be responsible
over all hearings required by this chapter as
additional administrative matters over which
requested to preside.
C.Powers.For purposes of this ordinance,the municipal court
jUdge shall have the power to:
1.Administer oaths and affirmations,examine witnesses
and receive evidence;
2.Issue sUbpoenas upon the request of any party.The
City Attorney and the attorney of record are also
authorized to issue sUbpoenas.When so required,the
applicant for the subpoena shall show to the
satisfaction of said individual the general relevance
and reasonable scope of the evidence sought;
ORDINANCE - 16
/mville/parking2.ord
3.Rule on offers of proof and receive relevant evidence;
4.Regulate the course of the hearing,including
imposition of penalties for disruption of the orderly
process or refusal to comply with lawful orders of the
municipal court jUdge;
5.Hold conferences for the settlement or simplifica~ion
of the issues by consent of the parties;
6.Make decisions which can be incorporated into findings
of fact,conclusions of law and order of the municipal
court jUdge and enter orders of default and consent
orders;
7.Appoint a pro tem to act in the jUdge's absence;and
8.Establish rules and procedures to conduct hearings
consistent herewith.
D.Contested Cases.In contested cases:
1.The municipal court jUdge may admit and give probative
effect to evidence which possesses probative value
commonly accepted by reasonably prudent men in the
conduct of their affairs.The municipal court jUdge
shall give effect to the rules of privilege recognized
by law.The municipal court jUdge may exclude
incompetent,irrelevant,immaterial and unduly
repetitious evidence.
2.All evidence inclUding,but not limited to,records and
documents in the possession of the municipal court
jUdge of which he/she desires to avail himself/herself
shall be offered and no other factual information or
evidence shall be considered in the determination of
the case.Documentary evidence may be received in the
form of copies or excerpts or by incorporation by
reference.
3.Every party shall have the right of cross-examination
of witnesses who testify and shall have the right to
submit rebuttal evidence.
4.The municipal court judge may take notice of jUdicially
recognizable facts.
E.Notice to be Given.The municipal court jUdge shall see
that interested parties are given proper notice of hearing.
ORDINANCE - 17
/mville/parking2.ord
F.Judicial Review.
1.The decision of the municipal court jUdge shall be
final,sUbject only to appeal to Snohomish County
superior Court.
2.Proceedings for review under this section shall be
instituted by filing a petition in Superior Court.All
petitions shall be filed within thirty days after the
final decision of the municipal court jUdge.Copies of
the petition shall be served on the city as in civil
actions.
3.The court may affirm the decision of the municipal
court jUdge or remand the case for further proceedings;
or it may reverse the decision if the substantial
rights of the petitioner may have been prejudiced
because the administrative findings,inferences,
conclusions or decisions are:
a.In violation of constitutional provisions;or
b.In excess of the statutory authority or
jurisdiction of the municipal court jUdge.
11.08.290 Rules and Regulations.The municipal court
clerk's office and the City's Police Department are authorized to
jointly promulgate rules and regulations necessary to administer
this chapter and to receive and account for all sums paid under
this chapter.
11.08.300 Repealer.The following section of the
Marysville Municipal Code is hereby repealed:11.04.045.
11.08.310 Inconsistent Provisions.If any provision of
this chapter conflicts with any provision of any other city
ordinance,including,but not limited to,those provisions of the
Washington Model Traffic Ordinance which are adopted by
reference,the provisions of this chapter shall control.
PASSED by the City council and APPROVED by the Mayor this
26th day of October,1992.
ORDINANCE -18
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CITY OF MARYSVILLE
Bya/~
Clerk
Mayor
Approved as to form:
By ~j=i:.LJ~
City Attorney
Date of Publication:IJ/!/1?-
i •
Effective Date (5 days after pUblication):
ORDINANCE - 19
Imville/parking2.ord