Loading...
Ordinance 2103ORDINANCE NO. 2103 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A NEW CHAPTER 8.50 IN THE EDMONDS CITY CODE TO BE ENTITLED "RESIDENTIAL PARKING ZONE REGULATIONS"; AUTHORIZING THE CITY CLERK TO ISSUE "RESIDENTIAL PARKING PERMITS"; ESTABLISHING CRITERIA THEREFORE; LIMITING THEIR USE; PROHIBITING CERTAIN CONDUCT; AND ESTABLISHING PENALTIES. WHEREAS, commuter and non-resident parking in the City can result in residents being unable to find adequate on street parking near their homes which results in unnecessary vehicular travel, noise, pollution and inconvenience, and WHEREAS, the City Council has determined the following permit system will be in the best interest of the public health, safety and general welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 8.50 is hereby established in the Edmonds City Code to be entitled "Residential Parking Zone Regulations" and to read as follows: "Section 8.50.010 Residential Parking Permits Defined. When properly issued and displayed, a Residential Parking Permit (Permit) shall exempt a specified vehicle, while parked within a specific limited parking zone for which the permit was issued, from citation for parking longer than the posted time limit for that particular zone and no other. The permit shall not guar- antee a parking space, nor shall it exempt the vehicle or oper- ator from observing zones where parking is prohibited at all times, including but not limited to no parking zones, load zones, fire zones and all other applicable regulations contained in Title 8 of the Edmonds City Code. -1- Section 8.50.020 Eligibility for Residential Parking Permits. A. Eligibility. Permits may be issued only to persons who reside on the hundred block for which the Permit is issued, who own and/or have legal control of a motor vehicle and only for those motor vehicles owned by or under the legal control of the resident. Permits may be issued to eligible persons who have insufficient off street parking spaces for the number of cars they own and/or control. B. Proof of Residence. Proof of residence shall be established by: 1. Display of a valid drivers' license reflecting a current address on the hundred block for which the Permit is issued, or 2. Display of a deed, lease, rental agreement or other acceptable document showing residency on the hundred block for which the Permit is issued. C. ownership of Motor Vehicle. Proof of ownership and/or control of a motor vehicle may be established by possession of a valid registration in the applicant's name, or by display of valid registration accompanied by proof that the applicant has legal use and control of the vehicle. Section 8.50.030 Applications for Permits. A. Authorization of City Clerk. The City Clerk is hereby authorized to issue Permits to qualified residents who own or have control of a motor vehicle, and who have insufficient off street parking spaces. B. Application Form. Application shall be made on forms pro- vided by the City Clerk which shall include: 1. The name, address, telephone number and license number of the applicant. 2. Make, model, color and year of the registration of the vehicle for which the permit is sought. 3. The type of document used to establish eligibility for the Permit as required in Section 8.50.020. 4. The number of off street parking spaces available to the applicant. -2- 5. License plate number (and state) of vehicle. 6. The number of Vistor Permits requested and issued. 7. A statement immediately above where the applicant is to sign stating that the applicant has been provided with an opportunity to examine this Chapter and is familar with the terms thereof. All applications shall be signed by the applicant and notarized. C. Limited Parking Zone Determination. The limited parking zone for which the Permit is valid shall be the hundred block on which the permit holder resides, and no other. D. Fees/Notification to Police Chief. 1. Fees for the Permit shall be $10.00 for the first vehicle, $10 for the second vehicle and $10 for the third vehicle. 2. Fees shall be collected prior to issuance of the Permit. A copy of all Permits issued shall be promptly sent to the Police Chief as well as notification that a Permit has been revoked or suspended. 3. No more than three (3) Permits shall be issued to any one residence. Section 8.50.040 Residential Parking Permit Description. The Permit shall contain the following information: A. The make, model, color, year, license plate number and registration of the vehicle. B. The limited parking zone for which it is issued. C. The expiration date of the Permit. Section 8.50.050 Use and Validity of Permits. A. Display. Permits shall be displayed in the lower right hand corner of the vehicle's rear window. B. Validity. Permits shall be valid only for the vehicle for which they are issued, only in the zone designated and only so long as the permit holder retains the vehicle and resides at the address specified in his or her application. C. Expiration. Permits shall expire one year from the date of issue, so long as the permit holder retains the permit -3- vehicle and resides at the address specified in his/her permit application. Section 8.50.060 Visitor's Permits. The holder of a Permit may apply to the City Clerk for a Visitor's Permit which shall be valid for up to one year. Visitor's Permits shall be issued at the same time as the issuance or renewal of a Permit. The Clerk may issue up to two (2) Visitor Permits to a Permit holder. Fees for visitor Permits shall be $5.00 per Visitor Permit. Section 8.50.070 Unlawful Acts. It shall be unlawful for any person to do any of the following: A. To make any false or misleading statement in application for a Permit. B. To transfer the Permit to another person or vehicle. C. To fraudulently alter a Permit or Visitor's Permit in any respect whatsoever. D. To improperly display the Permit or Visitor's Permit or to violate any terms or conditions under which the Permit or Visitor's Permit was issued. E. Use or place the Permit on any other vehicle than that for which the Permit is issued. F. To use or permit to be used a revoked or suspended Permit. Section 8.50.080 Revocation of Permits. Permits and/or Visitor's Permits may be revoked by the City Clerk for any of the following reasons: A. The permit holder has made any false, misleading or incom- plete statement in the application. B. Violation of any of the provisions of this Chapter. C. Over issuance of Permits. Provided, however, that in the event of revocation for over issuance, priority shall be given to providing one Permit per dwelling unit. Section 8.50.090 Revocation - City Clerk's Duties. If the City Clerk finds that a Permit and/or Vistor's Permit should be revoked for any of the reasons set forth in Section -4- 8.50.080, the Clerk shall send a written notice to the Permit holder at the address contained on the application. The notice shall contain the following information: A. Advise the Permit holder that the Permit and/or Vistor's Permit will be revoked on a specified date which shall be not fewer than ten (10) nor more than thirteen (13) days from the date of the letter. B. Advise the Permit holder that unless a written notice of appeal setting forth the reasons for the appeal, is filed with the City Clerk not later than the date set forth in Subsection A, the Permit will be deemed revoked. C. Advise the permit holder that if a written notice of appeal is filed within the required time, the date, time and place of the hearing will be sent. D. The reasons for the revocation. Section 8.50.100 Appeal. Upon receipt of the appeal, the Mayor or his designee shall set a date for hearing within thirty (30) days of receipt of the notice of appeal and notify the appellant of the date, time and place of hearing. The Mayor or his designee shall render the decision within ten (10) days after the hearing is closed, reduce the decision to writing and include a statement of reasons for the decision. The Mayor or his designee may affirm or reverse the revocation decision or order suspension for a specified period. Section 8.50.200 Penalties. Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof be punished as set forth in Section 5.45.020 of the Edmonds City Code. Section 8.50.300 Severability. If any section, subsection, clause, phrase or word of this Chapter, or any provision adopted by reference in this Chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Chapter." Section 2. This Ordinance shall be in full force and effect on January 1, 1980, and after having been published by -5- posting as provided by law. APPROVED: U MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: CITY CLERK, IRENV VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ��- FILED W THE CITY CLERK: November 27, 1979 PASSED B HE CITY COUNCIL: December 3, 1979 POSTED: December 4, 1979 EFFECTIVE DATE: January 1, 1980 -6- 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. On the 4th day of December , 197q, affiant posted true and correct copies of the attached Ordinance No. 2103, passed by the City Council on the December 3rd day of , 1979 , at the three 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 Edmond Branch of the United States Post Office 201 Main Street Edmonds, Washington 98020. DATED this 4th day of December 197 9 . SUBSCRIBED AND SWORN to before me this day of 197_�'. to Public in and for the State of Washington, residing at