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Ordinance 2041ORDINANCE NO. 20-x_ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADDING A NEW SECTION 8.48.200 TO THE EDMONDS CITY CODE AUTHORIZING THE ISSUANCE OF NOTICE OF PARKING VIOLATION IN A FORM APPROVED BY THE CHIEF OF POLICE; ADDING A NEW SECTION 8.48.210 TO THE EDMONDS CITY CODE MAKING IT A MISDEMEANOR FOR ANY PERSON TO WILLFULLY NEGLECT TO ANSWER TO THE CHARGES SET FORTH IN THE NOTICE OF PARKING VIOLA- TION; ADDING A NEW SECTION 8.48.220 TO THE EDMONDS CITY CODE CREATING A PRESUMPTION IN REFERENCE TO ILLEGAL PARKING; AND AMENDING SECTION 8.02.020 OF THE EDMONDS CITY CODE TO DELETE RCW 46.90.720, 46.90.730 AND 46.90.740 OF THE MODEL TRAFFIC ORDINANCE. WHEREAS, the following amendments are 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 section 8.48.200 is hereby added to the Edmonds City Code to read as follows: 8.48.200 Parking -Notice of Violation. 1. 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 violation and affix the same in a conspicious place on the motor vehicle. 2. The notice of parking violation 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 specified in the notice. 3. 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 violation 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 and warning him that in the event such letter is disregarded for a period of seven days, a criminal complaint will be filed and a summons to appear or a warrant for arrest will be issued. Section 2. A new section 8.48.210 is hereby added to the Edmonds City Code to read as follows: 8.48.210 Refusal to Answer to Charges. Any person who willfully neglects to answer within seven days to the charges set forth in the notice of parking violation at the place and in the manner specified therein shall be guilty of a misdemeanor, regardless of the charges for which the notice was issued. A complaint and a summons to appear or a warrant for arrest may be issued against the alleged violator. Section 3. A new section 8.48.220 is hereby added to the Edmonds City Code to read as follows: 8.48.220 Presumption in reference to illegal Parking. 1. In any prosecution charging a violation of any law or regulation governing the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the complaint was stopping, standing, or parking in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of such vehicle, shall constitute in evidence arp ima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. 2. The foregoing stated presumption shall apply only when the procedure as prescribed in Section 8.48.200 has been followed. -2- Section 4. Section 8.02.020 of the Edmonds City Code is hereby amended to read as follows: 8.02.020 Sections not Adopted. The following sections of the Model Traffic Ordinance (MTO) are not adopted by this reference and are expressly deleted: RCW 46.90.275 RCW 46.90.472 RCW 46.90.710 RCW 46.90.720 RCW 46.90.730 RCW 46.90.740 RCW 46.90.940 Section 5. This ordinance shall be in full force and effect five days after passage and publication by posting as provided by law. APPROVED: Gh��t-rte MAYOR, H. H. Harrison ATTEST/AUTHENTICATED: CITY CLERK, rre e Varney Moran APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By FILED WIM THE CITY CLERK: PASSED BY THE CITY COUNCIL: POSTED: November 15, 1978 EFFECTIVE DATE: November 20, October 19, 1978 November 14, 1978 1978 MCC 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 15th day of November 1978 , affiant posted true and correct copies of the attached Ordinance No. 21, passed by the City Council on the 14th day of November 197 8 , 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 15th day of November , 1978 . SUBSCRIBED AND SWORN to before me this day of 197 D. ANar Public in and for the State of Washington, residing at �,�J