Ordinance 30680006.160.147
PAO /gjz
12/13/95
R:01 /09 /96gjz
R:01 /17 /96gjz
R:01 /31 /96pao
R:02/15 /96pao
ORDINANCE NO. 3068
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON; ADDING A NEW CHAPTER 8.51 TO THE
EDMONDS CITY CODE IN ORDER TO PROVIDE AN
EXEMPTION TO CITY BUSINESS OWNERS AND
EMPLOYEES FROM SPECIFIED EDMONDS THREE HOUR
PARKING TIME LIMITS IF VEHICLES ARE PARKED AS
PART OF A COMMUTE TO WORK IN THE CITY OF
EDMONDS IN ORDER TO IMPROVE PARKING
AVAILABILITY TO THE GENERAL PUBLIC IN HIGH
DEMAND PARKING AREAS; IMPOSING CIVIL PENALTIES
FOR PERSONS WHO USE THE EXEMPTION FOR PURPOSES
NOT ASSOCIATED WITH COMMUTING TO WORK;
AMENDING THE DEFINITION OF RIDESHARE EMPLOYEE
IN EDMONDS CITY CODE SECTION 8.49.020(C) FROM A
BUSINESS EMPLOYEE WHO WORKS TEN HOURS A WEEK
TO A BUSINESS EMPLOYEE WHO WORKS TWENTY
HOURS A WEEK; ESTABLISHING AN EXPIRATION DATE
FOR THE EMPLOYEE PARKING PERMIT PROVISIONS FOR
DECEMBER 31, 1996; AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City of Edmonds City Council has determined that numerous
business owners and employees are forced to park in parking areas with time limits, thus
creating a disruption of business activities and an increase in traffic congestion caused by
employees and owners who frequently must move their motor vehicles during working hours in
order to comply with parking time limits, and
119117.10 -1-
WHEREAS, these business owners and employees tend to park in parking areas close
to the businesses for which they work, which are relatively high demand parking areas, and
WHEREAS, the three hour parking areas subject to the exemptions of this ordinance are
located in relatively low demand parking areas, such as behind businesses, thus improving
parking availability in high demand areas by encouraging business owners and employees to park
in low demand parking areas, and
WHEREAS, parking for persons who work in downtown businesses is more of a burden
than parking for the general public since persons who work downtown must park for long
periods of time on a regular basis, and
WHEREAS, this ordinance will not decrease the parking available to the general public
since limitations upon the three hour exemption ensure that the number of Edmonds business
owners and employees who park in three hour areas all day will not increase the number of
Edmonds business owners and employees who currently engage in that practice by moving their
vehicles from one three hour parking area to another, and
WHEREAS, the City of Edmonds does not have sufficient resources to effectively
enforce a parking regulation that prohibits vehicle owners from parking all day in three hour
parking areas by moving their vehicles every three hours, and
WHEREAS, the Downtown Edmonds Parking Committee has conducted an exhaustive
analysis of downtown parking in order to provide all day parking for City business owners and
employees in specified areas while also maintaining a fair balance of parking for City business
J
patrons and the rest of the general public, NOW, THEREFORE,
119117.10 -2-
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
as follows:
Section 1. Chapter 8.51 is hereby added to the Edmonds City Code to provide
Chapter 8.51
Edmonds Employee Permit Parking, Program
Sections
8.51.010
Purpose
8.51.020
Definitions
8.51.030
Exemption From Three Hour
Parking Limits
8.51.040
Issuance of Employee Parking
Permits
8.51.050
Unlawful Employee Parking
Permit Activities
8.51.060
Penalties
Section 8.51.010. PURPOSE. The purpose of this Chapter is to provide
more parking to the general public in high demand parking areas by
encouraging Edmonds business owners and employees to park in lower
demand parking areas.
Section 8.51.020. DEFINITIONS.
A. Employee Parking Permit: A permit that authorizes permit
employees to park for more than three hours in three hour parking
areas if the parking is part of a commute to work as required by
this Chapter. The employee parking permit shall not guaranty a
parking space, nor shall it exempt the vehicle or operator from
observing zones where a party is prohibited at all times, including
but not limited to, no parking zones, load zones, fire zones and all
other applicable regulations contained in the Edmonds City Code.
B. Employee Permit Business: A business that is located within the
City of Edmonds.
119117.10 -3-
C. Permit Employee: An owner or employee of an employee permit
business.
Section 8.51.030. COMMUTE EXEMPTION FROM THREE HOUR
PARKING LIMITS
A. The three hour parking time limits for : streets identified in
Edmonds City Code Section 8.51.030(B) shall not apply to motor
vehicles that satisfy the following criteria:
1. The motor vehicle displays a current employee parking
permit that hangs from the rear view mirror of the vehicle
or is conspicuously placed on the dashboard if there is no
rear view minor; and
2. The motor vehicle is parked in a three hour parking area
identified in Edmonds City Code Section 8.51.030(B); and
3. The motor vehicle initially' driven' to the, parking area was
occupied by a person who:
a. is employed by a business that has been issued
employee parking permit(s); and
b. is identified in Section 8.51.040(C)(1); and
4. The motor vehicle is parked while the person identified in
Section 8.51.030(3) is working for the employee permit
business that provided the employee parking permit that is
displayed in the vehicle; and
5. The motor vehicle is identified in Section 8.51.040(C)(1);
and
6. The motor vehicle is parked in a three; parking area
between 7:00 a.m. and 6:00 p.m., Monday through
Saturday, except for parking in the parking lot for the
Edmonds Public Works Division, identified by Edmonds
City Code Section 8.51.030(B)(15), at which the motor
vehicle is parked between 7:00 a.m. and 6:00 p.m.,
Monday through Friday.
B. An employee parking permit shall be effective in the three hour
parking areas located along the following streets:
119117.10 -4-
1. Both sides of Edmonds Street from Sunset Avenue to Fifth
Avenue North.
2. Both sides of Bell Street from Sunset Avenue to Fifth
Avenue North.
3. South side of Bell Street from Fifth Avenue North to Sixth
Avenue North.
4. North side of James Street from Sunset Avenue to Third
Avenue South.
5. South side of James Street from Sunset.Avenue to 250 feet
east of Second Avenue South.
6. Both sides of Dayton Street from Sunset Avenue (State
Route 104) to Fifth Avenue South.
7. Both sides of Walnut Street from 120 feet west of Fifth
Avenue South to 120 feet east of Fifth Avenue South.
8. Both sides of Maple Street from Fifth Avenue South to 120
feet east of Fifth Avenue South.
9. Both sides of Alder Street from Fifth Avenue South to 120
feet east of Fifth Avenue South.
10. Both sides of Second Avenue North from Bell Street to
Edmonds Street.
11. Both sides of Third Avenue North from Bell Street to
Edmonds Street.
12. Both sides of Fourth Avenue North from Bell Street to
Edmonds Street.
13. Both sides of Fifth Avenue North from Bell Street to
Edmonds Street.
14. West side of Sixth Avenue North from Dayton Street to
Bell Street.
15. East side of Sixth Avenue from Dayton Street to the alley
between Main Street and Bell Street.
119117.10 -5-
16. Both sides of Fourth Avenue South from Walnut Street to
Dayton Street.
17. The twenty parking spaces located in the northwest corner
parking lot for the building located at 200 Dayton Street.
Section 8.51.040. ISSUANCE OF EMPLOYEE PARKING PERMITS.
A. An owner or the lead supervisor of an employee permit business
shall be the only person(s) who may acquire employee parking
permits for themselves and their employees from the Edmonds
City Clerk. The total number of employee parking permits issued
per employee permit business shall not exceed 51 %, rounded up
to the nearest whole number, of the total number of permanent
permit employees that work at the employee permit business. A
permanent permit employee is a permit employee that works an
average of at least twenty (20) hours per week at the employee
permit businesses and is anticipated to work at the employee
permit business for at least an- additional six - months within the
calendar year for which the employee parking permit is issued.
B. The owner or lead supervisor shall be responsible for distribution
of employee parking permits to permit employees employed by the
employee permit business. Employee parking permits may be
transferred from one employee or owner within an employee
permit business to another.
C. Applications for employee parking permits shall be made upon
forms provided by the City of Edmonds and shall at a minimum
contain the following information:
1. Name and address of all persons who will use the employee
parking permits along with the motor vehicle make, model
and license number of all the motor vehicles that will be
used by the employee parking permit holders for the three
hour parking exemptions granted by this Chapter.
2. Name and address of the employee permit business and the
owner or lead supervisor responsible for the application.
3. Employee permit business address.
4. Work hours of persons who will be using the employee
parking permit.
119117.10 -6-
5. Responses by each person who will be using an employee
parking permit to a parking survey issued by the City Clerk
that will be used to verify the assumptions used to justify
this ordinance.
D. Employee parking permit application forms shall be signed by the
owner or lead supervisor identified in Edmonds City Code Section
8.51.040(C)(2) as well as every person who will be using an
employee parking permit issued as a result of the application.
E. The issuance of employee parking permits under this. Chapter shall
be contingent upon the payment of a $25.00 application fee per
permit. Application forms can be updated to reflect changes in the
information required by this section so long as no additional
employee parking permits are requested.
F. Employee parking permits shall be effective for the calendar year
for which they are issued.
Section 8.51.050. UNLAWFUL EMPLOYEE PERMIT PARKING
ACTIVITIES AND REVOCATION.
A. It shall be unlawful for any person to duplicate and use an
employee parking permit for purposes of parking more than three
hours in a three hour parking area and it shall also be unlawful to.
otherwise use an employee parking permit for purposes of avoiding
parking restrictions in any manner not specified by this Chapter.
B. The City Clerk may revoke the employee parking permit of any
person the Clerk determines has abused the employee parking
program by engaging in unlawful activities specified in Section
8.51.050(A). The City Clerk's determination may be appealed by
the permit holder to the City Council, which shall grant a hearing
for the appeal and issue written findings of fact and conclusions of
law in support of its decision. A permit holder who has had his
or her permit revoked shall be ineligible for reissuance of the
permit for a period of one year from the date of revocation.
Section 8.51.060. PENALTIES.
A. Any person who both (1) parks a vehicle for more than three hours
in violation of Sections 8.64.060 or 8.64.065 of the Edmonds City
Code or any other city ordinance imposing a three hour parking
limit; and (2) displays an employee parking permit as required in
119117.10 -7-
Section 8.51.030(A)(1) of the Edmonds City Code without using
the parking area as part of a commute to work as specified in
Section 8.51.030(A)(2) -(5) shall have committed a parking
infraction subject to the provisions of Chapter 8.48 of the
Edmonds City Code and shall be fined at twice the civil penalty
for overtime parking levied under Section 8.48.215 of the
Edmonds City Code.
B. Any person who parks a vehicle in a three hour parking area for
more than three hours with an employee parking permit that the
person knows has been duplicated or made to appear to be an
employee parking permit shall have committed a parking infraction
subject to the provisions of Chapter 8.48 of the Edmonds City
Code and a shall be fined a civil penalty of Fifty Dollars ($50.00).
Section 2. Pilot Project and Sunset Clause. Chapter 8.51 of the Edmonds City
Code shall expire on midnight, December 31, 1996, unless appropriate action is taken by the
Edmonds City Council to extend the expiration date on a permanent or temporary basis. During
1996 Chapter 8.51 is to be regarded as a pilot parking project in which the impacts of the
parking project on parking availability are to be assessed by City staff. City staff are directed
to prepare a report on these impacts for Downtown Edmonds Parking Committee and City
Council review before the expiration date of Chapter 8.51.
Section 3. Section 8.49.020(C) of the Edmonds City Code is hereby repealed
and replaced with the following:
C. Rideshare Employee: A business owner or employee that works
an average of at least twenty (20) hours per week at one or more
rideshare businesses.
Section 4. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
119117.10 -8-
Section 5. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MAYOR,
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CITY CLERK: 2/16/96
PASSED BY THE CITY COUNCIL: 2/20/96
PUBLISHED: 2/25/96
EFFECTIVE DATE: 3/1/96
ORDINANCE NO. 3068
119117.10 -9-
SUMMARY OF ORDINANCE NO. 3068
of the City of Edmonds, Washington
On the 20th day of February , 199 6 , the City Council of the City of Edmonds,
passed Ordinance No. 3068 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON; ADDING A NEW
CHAPTER 8.51 TO THE EDMONDS CITY CODE IN ORDER TO PROVIDE AN
EXEMPTION TO CITY BUSINESS OWNERS AND EMPLOYEES FROM SPECIFIED
EDMONDS THREE HOUR PARKING TIME LIMITS IF VEHICLES ARE PARKED AS
PART OF A COMMUTE TO WORK IN THE CITY OF EDMONDS IN ORDER TO
IMPROVE PARKING AVAILABILITY TO THE GENERAL PUBLIC IN HIGH DEMAND
PARKING AREAS; IMPOSING CIVIL PENALTIES FOR PERSONS WHO USE THE
EXEMPTION FOR PURPOSES NOT ASSOCIATED WITH COMMUTING TO WORK;
AMENDING THE DEFINITION OF RIDESHARE EMPLOYEE IN EDMONDS CITY CODE
SECTION 8.49.020(C) FROM A BUSINESS EMPLOYEE WHO WORKS TEN HOURS A
WEEK TO A BUSINESS EMPLOYEE WHO WORKS TWENTY HOURS A WEEK;
ESTABLISHING AN EXPIRATION DATE FOR THE EMPLOYEE PARKING PERMIT
PROVISIONS FOR DECEMBER 31, 1996; AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 21st day of February , 199 6
CITY CLERK, SANDRA S. CHASE
RECEIVED
Affidavit of Publication FEB 2 8 1996
EDMONDS CITY CLERK
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHONISH,
UHDINANCENO.3068
onof the City ofgg ton
the 2o1n dayb o n Muary,
The undersigned, being first duly sworn on oath deposes
1996, the City Council of the
and says
City of Edmonds passes
Ordinance No. 306. A sum-
that she is Principal Clerk of THE HERALD, a daily newspaper
mary of the content of said
ordinance, consisting of the
title, provides as follows:
printed and published in the City of Everett, County of Snohomish,
AN
CITY OF EDMONDS, WASH ;
INGTON, ADDING A
and State of Washington; that said newspaper is a newspaper of
NEW
CHAPTER 8.51 TO THE I
EDMONDS CITY CODE IN
general circulation in said County and State; that said newspaper
ORDER
EXEMPTION TORCO TIYD BUSK
NESS OWNERS AND
has been approved as a legal newspaper by order of the Superior
EM-
PLOYEES FROM SPECIFIED
EDMONDS THREE HOUR
voo�riur_
County
Court of Snohomish Cont and that the notice ......... ...............................
Ordinance No. 3068
............................................... ................ ........... . . .. .. ..................... --------- - - - - --
........ G.ity... o. £ ... BAmo n.d.s ------------------------------------------------------- ------------------------- - - - - --
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
SAME SHALL BECOM
EFFECTIVE. E February 25th, 1996
- ---•------ .............................. ...............................
The full text of this Ordi-
°
nance will be mailed upon
re yDATED this 21st day of
PuhlsheYYd:lFebruar 25. 199r,. CANCReAkS. CHASE .................................. ,
City and Athatai ews a er was re ularl distrib uted to Its subscribers
Y duraid period.
............ .... .. .. ... .... ........ . ........ ......... ...... .... : .............
Principal Clerk
Subscribed and sworn to before me this ....... .6th..........
day Februarx.... -- .......iity�` ... 19...96
.-- -• - - -- - -•- -- ------------.........----------
otary Public in and for the ashington,
residing at Everett, Snohomis .
fr„ 'A'
NOTARY
�O B L ►G 2
98 A�0
F WASIA'
s -2 -t