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Ordinance 2263MAE/lac 1/12/82 ORDINANCE NO. 2263 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON RELATING TO PARKING INFRACTION EN- FORCEMENT; AMENDING SECTION 8.48.200 OF THE EDMONDS CITY CODE TO SET FORTH PROCEDURES FOR ISSUING PARKING INFRACTION TICKETS; AMENDING SECTION 8.48.210 TO ADOPT RCW 46.64.020 BY REFERENCE MAKING A REFUSAL TO RESPOND TO A NOTICE OF PARKING INFRACTION A MISDEMEANOR; AND ADDING A NEW SECTION 8.48.215 TO THE EDMONDS CITY CODE PROVIDING A SCHEDULE OF PENALTIES FOR PARKING INFRACTIONS. WHEREAS, the Legislature of the State of Washington has decriminalized certain traffic offenses, including all stopping, standing or parking violations, thereby making such violations subject to civil penalties instead of treating the same as criminal offenses; and WHEREAS, City Council finds that it is in the best interests of the City that it amend its parking enforcement ordinance to reflect these changes in State law, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 8.48.200 of the Edmonds City Code is hereby amended to refer to parking infractions and to provide for filing of such infractions in the Edmonds Traffic Violations Bureau, as follows: 8.48.200 PARKING - NOTICE OF INFRACTION A. Whenever any motor vehicle without an operator is found parked, standing or stopped in violation of any of the parking regulations or time limits of this title, the officer finding it shall complete a notice of parking infraction and affix the same in a conspicuous place on the motor vehicle. B. The notice of parking infraction shall be in a form approved by the chief of police and shall advise the operator to answer the charges against him within seven days at a place and manner spec- ified in the notice. The notice of parking infrac- tion shall be filed in the Traffic Violations Bureau no later than 48 hours after issuance. C. If a violator of any provision of this title regulating stopping, standing or parking does not answer to the charges set forth in the notice of parking infraction affixed to such motor vehicle within a period of seven days, the chief of police shall send to the owner of the motor vehicle to which the notice was affixed a letter informing him of the violation warning him that in the event such letter is disregarded for a period of seven days, a criminal complaint may be filed and a sum- mons to appear or a warrant for arrest may be issued. Section 2. Section 8.48.210 of the Edmonds City Code is hereby amended to adopt by reference RCW 46.64.020 making a refusal to respond to a notice of parking infraction a misdemeanor as follows: 8.48.210 FAILURE TO RESPOND TO NOTICE OF PARKING INFRACTION RCW 46.64.020 is hereby adopted by this reference as if set forth in full herein. Pursuant to such statute and this ordinance, any person who has been issued a notice of parking infraction and who will- fully fails to respond as provided in this chapter shall be guilty of a misdemeanor regardless of the disposition of the notice of parking infraction. -2- Section 3. A new Section 8.48.215 "Parking Infraction Fines" is hereby added to the Edmonds City Code providing a schedule of penalties for certain parking infractions, as follows: 8.48.215 PARKING INFRACTION PENALTIES A. Any person who commits a parking infraction shall be assessed the following civil penalty pro- vided such person responds to the notice of parking infraction within seven days after issuance: 1. Overtime parking 4 2. Overtime loading zone 5 3. Prohibited parking zone 10 4. Traffic hazard or obstruction 10 5. Restricted parking zone 10 6. Improper parking 10 7. Unauthorized handicap zone parking 30 8. Parking in fire zone 30 9. All other parking infractions 10 B. All persons who have committed a parking in- fraction and who fail to respond to the notice of that infraction within seven days of its issuance shall be assessed twice the civil penalty for such infraction as set forth in Subsection A of this Section. Such penalty shall be in addition to any other penalties or fines imposed for failure to respond to a notice of parking infraction. C. Any person intending to pay the penalty imposed by this chapter, who responds to a notice of park- ing infraction by the end of the next day the City Administrative Offices are open for business, shall pay only one half of the penalty imposed. Such person must respond in person at the Edmonds Civic Center. Section 4. The City Clerk is hereby directed to place on file three copies of RCW 46.64.020 in its current version, and make such copies available to the public for inspection upon request during the City Clerk's regular business hours. -3- Section 5. This ordinance shall be in full force and effect five (5) days after publication by posting as provided by law. MAYOR-, H. H. HARRISON ATTEST/AUTHENTICATED: J-z � 7- /-4 CITY CLERK, IRENV VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED WITH THE CITY CLERK: January 20, 1982 PASSED BY THE CITY COUNCIL: February 2, 1982 POSTED: February 3, 1982 EFFECTIVE DATE: February 8, 1982 -4- AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 3 day of February , 19 82, affiant posted true and correct copies of the attached Ordinance No. 2263, passed by the City Council on the 2 day of February 1982 , at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 3 day of February , 1982. SUBSCRIBED AND SWORN to before me this day of 194: Notal=y P State of at