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Home My WebLink AboutO-2074 - Adds Sec. 6.57.050; amends Sec. 11.08.080, 11.08.250 and 11.08.260; repeals Sec. 11.08.160, parking (6.57, 11.08)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.d.-07<f 1-Cd2..7~ /-~.~. {-(I?~ I-~ AN ORDINANCE OFTHE CITY OF MARYSVILLE INCREASING PENALTIES FOR VIOLATIONS OF THE PARKING CODE,MARYSVILLE MUNICIPAL CODE CHAPTER 11.08,AMENDING 11.08.080,11.08.250 and 11.08.260, REPEALING MMC 11.08.160AND ADDING A NEW SECTION 6.57.050TOTHE PENAL CODE WHEREAS,the City Council has not updated its provisions for violation of its parking code (MMC 11.08)since 1992;and WHEREAS,the City Council finds it necessary to implement fines and penalties for violation of MMC 11.08 which will deter further violation of MMC 11.08;and WHEREAS,changes in the Revised Code of Washington have been made since the last revisions to MMC 11.08 which require MMC 11.08 and 6.57 to be brought into compliance with state law;and WHEREAS,the Police Department and the Municipal Court Clerk's Office has been involved in considering these changes to MMC 11.08 and MMC 6.57; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1.A new section 6.57.040 of the Marysville Municipal Code is hereby adopted to read as follows: 6.57.050 Leaving children unattended in standing vehicle with motor running. (1)No person,while operating or in charge of a vehicle,shall park or willfully allow such vehicle to stand upon a public highway or in a public place with its motor running,leaving a minor child or children under the age of sixteen years unattended in the vehicle. (2)Any person convicted of a viblation of this section shall be guilty of a criminal misdemeanor and shall be punished by a fine not to exceed $3xJ000.00 or by imprisonment in jail for not more thaTh 90 days,or by both such fine and imprisonment. -c Section 2.Section 11.08.160 of the Marysville Municipal Code is hereby repealed because 11.08.160(1)is governed by RCW 46.61.600 and because 11.08.160(2)is replaced by MMC 6.57.050. ORDINANCE - 1 /rnv/park.ord Section 3.Section 11.08.080 of the Marysville Municipal Code is hereby amended to read as follows: 11.08.080 Parking for disabled persons private property. Parking for disabled persons on private property may be regulated on provate property in accordance with those provisions authorized by law including,but not limited to, RCW 46.16.381. Section 4.Section 11.08.250 of the Marysville Municipal Code is hereby amended to read as follows: 11.08.250 Penalties. (1)Unless specifically set forth elsewhere in this chapter,the penalties for each violation of the provisions of this chapter shall be: (a)Overtime parking:$40.00 (b)Unauthorized parking in alley:$40.00 (c)Parking in a disabled space without requisite permit,decal or license:$175.00 (d)Parking,stopping or standing in fire lane in violation of MMC 11.08.130:$175 (e)Interfering with,concealing,obliterating or erasing marks in violation MMC 11.08.230(5):$40.00 (f)Unattended vehicles in violation of RCW 46.61.600(1):$25.00 (g)Use of streets and alleys:$250.00 (h)All other violations of this chapter:$40.00 (2)If no response or payment is made within 15 calendar days from the date of issuance of the notice of parking violation,the penalty for each violation may be referred to a collection agency 30 days from the due date, or 15 days after the penalty is due,pursuant to RCW 3.02.045 and RCW 19.16.500.The violator may be liable for any and all collection costs. (3)The penalties set forth in subsection (1)of this section will be reduced in half if the parking violation is paid in person to the municipal court clerk's office during the 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 may make payment on the next city business day following the issuance of the ticket and still receive the reduced penalty. (4)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 ORDINANCE - 2 /rrrv/park.ord provisions of this chapter shall be paid into the general fund of the city. (5)Notwithstanding the language set forth in subsection (3)of this section,if a vehicle or a violator 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,that vehicle or violator will not be eligible for reduction in the parking violation penalty set forth in subsection (3)of this section for a period of 180 days. Section 5.Section 11.08.260 of the Marysville Municipal Code is hereby amended to read as follows: 11.08.260 Failure to comply with notice of parking violation. (1)A request for a hearing or,in the alternative, payment shall be made within 15 calendar days of the date of issuance of parking violation. (2)If the violator wishes to contest the notice of violation,the person shall request a hearing in writing to the municipal court.The court shall notify the violator in writing of the time,place and date of the hearing,and that date shall not be sooner than seven days from the date of the notice,except by agreement. (3)If no request for a hearing or payment is made within 15 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 the owner of the violation and of the city's intent to commence collection procedures. (4)If no request for hearing or payment is made within 15 calendar days of the date of issuance of the parking violation,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. (5)If no request for a hearing or payment is made within 15 calendar days of the date of issuance of the notice of parking violation,or if no payment is made within 15 calendar days of a decision by the municipal court judge affirming all or a part of a monetary penalty,or upon failure to appear for such hearing,the municipal court clerk may assess an additional penalty of $25.00 pursuant to RCW 46.63.110(3). ORDINANCE - 3 Imv/park.ord (6)If no request for a hearing or payment is made within 15 calendar days of the date of issuance of the notice of parking violation,or if no payment is made within 10 calendar days of a decision by the municipal court judge affirming all or a part of a monetary penalty,or upon 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 the Superior Court shall stay the forwarding of said abstract to the Department of Licensing as provided herein. Section 6.Severability.Should any section,subsection, paragraph,sentence,clause or phrase set forth in this Ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason,such decision shall not affect the validity of the remaining portions of this Ordinance or its application to any person or situation.The City Council of the City hereby declares that it would have adopted this Ordinance and each section,subsection,sentence, clause,phrase,or portion thereof irrespective of the fact that anyone or more sections,subsections,sentences,clauses, phrases or portions be declared invalid or unconstitutional. Section 7.No Special Duty Created.It is expressly the purpose of this Ordinance to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this ordinance. No provision or term used in this ordinance is intended to impose any duty whatsoever upon the City or any of its officer, agents or employees for whom the implementation or enforcement of this ordinance shall be discretionary and not mandatory. Nothing contained in this Ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the City,or its officers,employees or agents,for any injury or damage resulting from any action or inaction on the part of the City,its officers,employees or agents. -1'-:/PASSED~day of by the City 771rJ· CITY /Pj MARYSVILLE By J!ruARi LJd4 ORDINANCE - 4 /mv/park.ord ,, David Weiser,Mayor Clerk Approved as to form: By~/C·W~ Grant K.Weed,City Attorney Date of Publication: Effective Date (5 days after publication): ORDINANCE - 5 /mv/park.ord