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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