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Ordinance 4107ORDINANCE NO. 4107 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CERTAIN SECTIONS OF ECC 8.48 TO ADDRESS PARKING REGULATION ISSUES; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, certain parking regulation and enforceability issues have arisen on Sunset Avenue, and in the City of Edmonds, generally, relating in part to certain sections of the parking provisions of the Edmonds City Code ("ECC"); and WHEREAS, after review and discussion, the City Council has determined that it is appropriate to amend Chapter 8.48 ECC ("Parking") to address these issues; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 8.48.135 of the ECC An le parking required — Desi nation of affected streets is hereby amended to read as follows (deleted text in ; new text in underline): 8.48.136 Angle parking required — Designation of affected streets. In accordance with the provisions of RCW 46.61.575(3) and Chapter 46.90 RCW .'�, angle parking is permitted and required on the following streets in the designated areas and locations: A. Grth feF a dms tar+ce-of-339 feGT &A. The north side of Bell Street from Fifth Avenue North, east for a distance of 150 feet; and G-.B. The south side of Bell Street from Fifth Avenue North, east for a distance of 150 feet. [Ord. 3564 § 1, 2005]. 1 Section 2. Section 8.48.137 of the ECC Other than angle parking prohibited is hereby amended to read as follows (new text in underline): 8.48.137 Other than angle parking prohibited. When the city council by ordinance has designated that angle parking is required along any street or portion thereof, and when signs are erected in each block of said street or portion thereof, giving notice of such requirement, no person shall stop, stand or park any vehicle except in conformance with angle parking requirements on such signs and/or curb or pavement markings established by the traffic engineer to regulate said parking. [Ord. 3564 § 1, 2005]. Section 3. Section 8.48.167 of the ECC Parking within spaces required is hereby amended to read as follows (new text in underline): 8.48.167 Parking within spaces required. No person shall park a vehicle such that it occupies more than one marked parking space within the limited parking areas set forth in ECC 8.48.160 and 8.64.065. [Ord. 3564 § 1, 2005]. Section 4. Section 8.48.169 of the ECC Parking for disabled persons is hereby amended to read as follows (deleted text in striketi..•,zugh; new text in underline): 8.48.169 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 1 46---16.384 Chapter 46.1_9 RCW shall be allowed to park a vehicle being used to transport such person in parking meter spaces free of charge and in nonmetered spaces for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted except as otherwise provided in subsection (B) of this section. 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 RGW 46.16.384 Chapter 46.19 RCW. FA B. No person shall stop, stand or park a vehicle in a parking space reserved for disabled persons provided on -street or on private property without charge without obtaining and displaying a special license plate, card, or decal issued pursuant to R�,--VV 46-4&-.384 Chapter 46.19 RCW; provided, pursuant to Chapter 46.19 RCW a time limitation of four hours is imposed on the use of such parking spaces for on -street parking when so signed and a time restriction of four hours is imposed on the use of nonreserved, on - street parking spaces by vehicles displaying the special parking placards when such time restriction is clearly posted. C. A parking space or stall for a disabled person shall be identified as described in RCW 46.61.581 including fine, time limitation (if applicable), and tow -away information. Notwithstanding any provision in this chapter, in accordance with RCW 46.61.581, failure of the person owning or controlling the property where required parking spaces are located to erect and maintain the sign is a Class 2 civil infraction under Chapter 7.80 RCW for each parking space that should be so designated. The person owning or controlling the property where the required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure to do so is a Class 2 civil infraction. D. No person shall make inaccessible the access aisle located next to a space reserved for physically disabled persons. E. Notwithstanding any provision in this chapter, the city's police department is authorized to appoint volunteers, with a limited commission, to issue notices of infractions for violations of the city's disabled parking regulations. Volunteers must be at least 21 years of age and meet such additional qualifications as established by the city's police department. A notice of infraction issued by a volunteer appointed under this section has the same force and effect as a notice of infraction issued by police officers and parking enforcement officers for a violation of the city's disabled parking regulations. F. The following on -street parking stalls are designated as parking for disabled persons only: 1. The south side of James Street, 160 feet west of Sunset Avenue; 2. The west side of Railroad Avenue, 45 feet south of Main Street; 3. The west side of Second Avenue South, 102 feet south of James Street; 4. The west side of Fifth Avenue North, 85 feet south of Bell Street; 5. The west side of Sixth Avenue North, 40 feet north of Bell Street; 6. The west side of Seventh Avenue North, four stalls, 165 feet south of Sprague Street; 7. The north side of Main Street, two stalls, directly in front of Francis Anderson Center main entry; 8. The north side of Dayton Street, directly across from 720 Dayton; 9. The west side of Fifth Avenue, 30 feet south of Howell Way; 10. The west side of Second Avenue South, 32 feet south of Main Street; 11. The east side of Third Avenue South, 110 feet south of Main Street; 12. The west side of Fourth Avenue South, 95 feet south of Main Street; 13. The north side of Bell Street, 34 feet west of Fourth Avenue North; 14. The northbound Sixth Avenue, directly across from 411 Sixth Avenue, 16 feet south of alley; 15. The westbound Edmonds Street, 30 feet west of Third Avenue North; 16. The south side of Main Street, directly in front of 414 Main Street, 17. The west side of Sunset _Avenue, 33 feet north of Edmonds Streeto 18, The west side of Sunset Avenue directly in front of 322 Sunset Avenue, and 19. The west side of Sunset Avenue, directly in front of 606 Sunset Avenue. [Ord. 3564 § 1, 2005]. Section 5. Section 8.48.170 of the ECC Parking signs or other notice required is hereby amended to read as follows (new text in underline): 8.48.170 Parking signs or other notice required. Whenever by this title or any other ordinance of this city any parking time limit is imposed or parking prohibited on designated streets, it shall be the duty of the city traffic engineer to erect appropriate signs giving notice thereof; provided, however, that the city traffic engineer may designate such no parking zone by painting the curb yellow, in lieu of or in addition to posting no parking signs. The words "no parking" may also be painted on such yellow curb. Alternatively, the city traffic engineer may designate such no parking zone by painting Yellow striping on the pavement. If this option is chosen, either the words "no parking' must be painted on the street adjacent to the yellow striping, or "no parking" signs must be erected_adtacent to the yellow striping. No regulations imposing parking time limits or prohibiting parking shall be effective unless the signs and/or curb or pavement markings authorized herein are in place at the time of any alleged infraction. The words "Tow Away Zone" shall be added to signs in areas where impoundment is authorized under this chapter. [Ord. 3564 § 1, 2005]. Section 6. Section 8.48.210 of the ECC Failure to respond to notice of parking infraction is hereby deleted in its entirety (deleted text in strik4hFOUgh; the language is already reflected in Section 8.48.200C of the ECC): .. ...... I! SIN w mi-'t 4 Section 7. Section 8.48.320 of the ECC Pay parking stall defined -is hereby amended to read as follows (new text in undcrliile): 8.48.320 Pay parking stall defined. As used in this chapter, "pay parking stall' means a space in a pay parking lot designated by signs and/or appropriate markings on curb or pavement as a parking space. [Ord. 3564 § 1, 2005]. Section 8. Section 8.48.603 of the ECC Impounded without prior notice is hereby amended to read as follows (new text in underline): 8.48.603 Impound without prior notice. A. A vehicle may be impounded with or without citation and without giving prior notice to its owner as otherwise required by this chapter under the following circumstances: 1. When the vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic; or 2. When the vehicle is illegally occupying a truck, commercial load, bus, loading, or other similar zone where, by order of the director of engineering or chiefs of police or fire, parking is limited to designated classes of vehicles or is prohibited during certain hours, or designated days, or at all times, and where such vehicle is interfering with the proper and intended use of such zones; or 3. When a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person as defined under Chapter 46.19 RCW, as now or hereafter amended, is parked in a stall or space clearly and conspicuously marked as being reserved for disabled persons, whether the space is located on private property without charge or on public property; or 4. When the vehicle poses an immediate danger to public safety; or 5. When a police officer has probable cause to believe that the vehicle is stolen; or 6. When a police officer has probable cause to believe that the vehicle constitutes or contains evidence of a crime, if impoundment is reasonably necessary in such instance to obtain or preserve the evidence. B. Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required by law. [Ord. 3564 § 1, 2005]. Section 9. Section 8.48.607 of the ECC Redemption of impounded vehicles is hereby amended to read as follows (new text in underline): 5 8.48.607 Redemption of impounded vehicles. Vehicles impounded by the city pursuant to this chapter shall be redeemed only under the following circumstances: A. An impounded vehicle may be redeemed only by the legal owner, the registered owner, a person authorized in writing by the registered owner or the vehicle's insurer, a person who is determined and verified to have the permission of the registered owner of the vehicle, or one who has purchased a vehicle from the registered owner and who produces either proof of ownership or written authorization and signs a receipt therefor. B. Any person redeeming a vehicle properly impounded by the city shall pay the towing contractor for the costs of impoundment (removal, towing and storage) prior to redeeming such vehicle. The towing contractor shall accept payment as provided in RCW 46.55.120, as now or hereafter amended. C. Any person seeking to redeem a vehicle impounded as a result of a parking or traffic citation has a right to a municipal court hearing to contest the validity of the impoundment or the amount of towing and storage charges imposed. Any such request for hearing must be in writing, in a form approved by the municipal court and signed by such person, and received by the municipal court within 10 days after the requesting person received notice of the impound and opportunity for a hearing. Such hearing shall be provided as follows: 1. The court, within five days after receiving the request for a hearing, shall, in writing, notify the towing contractor, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle, and the person or agency authorizing the impound of the hearing date and time. 2. If all the requirements to redeem the vehicle have been satisfied, the impounded vehicle shall be released to such person immediately, and a hearing as provided for in ECC 8.48.608 shall be held within 90 days of the written request for a hearing. 3. If all the requirements to redeem the vehicle have not been satisfied, the impounded vehicle shall not be released to such person until after the hearing provided pursuant to ECC 8.48.608. Such person shall have the right to a hearing within seven business days (Monday through Friday, excluding court holidays) of the court's receipt of the written request for a hearing. 4. Any person seeking a hearing who has failed to request such hearing within 10 days of receiving notice of the opportunity therefor shall be deemed to have waived the right to a hearing, and the registered owner of the impounded vehicle shall be liable for any towing and storage fees incurred in relation to the vehicle. 5. Redemption of vehicles impounded for violations of driving with an invalidated Li.e. suspended or revokedl license shall be as provided under RCW 46.55.120. [Ord. 3564 § 1, 2005]. Section 10. Severabiliky. 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. IJ Section 11. Effective Date. This ordinance, being legislative in nature and an exercise of a power delegated to the City as a corporate entity, is subject to initiative or referendum, and shall take effect thirty (30) days after passage and publication of an approved summary thereof consisting of the title. r - LL- "r 0 e., MA OR, DAVID O. EARLING ATTEST/AUTHENTICATED: CIT ERK, S OTT SSEY APPROVED AS TO FORM: ol�yicE OF THE CITY ATTORNEY FILED WITH THE CITY CLERK: April 13, 2018 PASSED BY THE CITY COUNCIL: April 17, 2018 PUBLISHED: April 22, 2018 EFFECTIVE DATE: May 22, 2018 ORDINANCE NO. 4107 7 SUMMARY OF ORDINANCE NO.4107 of the City of Edmonds, Washington On the 17th day of April, 2018, the City Council of the City of Edmonds, passed Ordinance No. 4107. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CERTAIN SECTIONS OF ECC 8.48 TO ADDRESS PARKING REGULATION ISSUES; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 18tn day of April, 2018. CITY -CLERK, SCOTT ' SSEY