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Ordinance 35990006.90000 WSS /gjz 6/15/06 ORDINANCE NO. 3599 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING AND REENACTING CHAPTER 8.52 OF THE EDMONDS CITY CODE RELATING TO RESIDENTIAL PARKING ZONE REGULATIONS IN ORDER TO PERMIT LIMITED RECREATIONAL VEHICLE PARKING BY PERMIT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Downtown Parking Advisory Committee has recommended to the City Council that limited parking be provided by permit for recreational vehicles; and WHEREAS, the City Council deems it to be in the public interest to permit the temporary parking of recreational vehicles by permit for a period no longer than thirty -six (36) hours at any given time in order to permit the owners of such vehicles an opportunity to load and unload them, and otherwise prepare them for use; and WHEREAS, nothing herein shall be interpreted to permit the residential use of such vehicles on City rights -of -way; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds City Code is hereby amended by the repeal of Chapter 8.52 Residential Parking Zone Regulations and its reenactment in the form set forth below: {WSS634243.DOQI/00006.900000/} - 1 - Chapter 8.52 RESIDENTIAL PARKING ZONE REGULATIONS Sections: 8.52.010 Residential parking permits defined. 8.52.015 Limitation on issuance. 8.52.020 Eligibility for residential parking permits. 8.52.030 Applications for permits. 8.52.040 Residential parking permit description. 8.52.050 Use and validity of permits. 8.52.060 Visitor's permits. 8.52.065 Visitor parking on certain streets. 8.52.070 Unlawful acts. 8.52.080 Revocation of permits. 8.52.090 Revocation — City clerk's duties. 8.52.100 Appeal. 8.52.200 Penalties. 8.52.300 Severability. 8.52.010 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; provided, that the permit shall not authorize parking for more than 72 consecutive hours in any one location or as specified specifically in this chapter. The permit shall not guarantee a parking space, nor shall it exempt the vehicle or operator 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 ECC Title 8. 8.52.015 Limitation on issuance. No permit authorized to be issued under this chapter shall be issued with respect to any commercial vehicle over 10,000 pounds licensed gross vehicle weight or 22 feet in length except as specifically allowed in this chapter. The term "recreational vehicle" as used in this chapter shall be defined in the same manner provided in RCW 43.22.355 (7). Nothing herein shall be interpreted as an authorization for the use of such recreational {WSS634243.DOC;1/00006.900000/} - 2 - vehicles for residential purposes while parked in the public right - of -way. 8.52.020 Eligibility for residential parking permits. A. Eligibility. Permits may be issued only to persons who reside within the permit zone 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. For the purposes of this chapter, "residence" shall be defined as the street address of the structure in which the applicant resides as determined by the U.S. Postal Service or such other street upon which the residence fronts and for which the applicant can present adequate evidence that the proposed alternative frontage adequately reflects the actual orientation and location of the structure in which the applicant resides. B. The Proof of Residence. Proof of residence shall be established by: 1. Display of a valid driver's license reflecting a current address within the zone for which the permit is issued; or 2. Display of a deed, lease, rental agreement or other acceptable document showing residency within the zone 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 a valid registration accompanied by proof that the applicant has legal use and control of the vehicle. 8.52.030 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 provided by the city clerk which shall include: {WSS634243.DOC;1/00006.900000/} - 3 - 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 ECC 8.52.020; 4. The number of off - street parking spaces available to the applicant; 5. License plate number (and state) of vehicle; 6. The number of _visitor's permits requested and issued; and 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 familiar 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 designated zone in which the permit holder resides. Three zones have been created and are as follows: Red Zone — Caspers Street to Edmonds Street and Sunset Avenue to Sixth Avenue. Blue Zone — Edmonds Street to Dayton Street and Railroad Avenue to Sixth Avenue. Yellow Zone — Dayton Street to Pine Street and SR 104 to Sixth Avenue. D. Fees/Notification to Police Chief. 1. Fees for the permit shall be $10.00 for the first vehicle, $10.00 for the second vehicle and $10.00 for the third vehicle. No fee will be required for limited recreational vehicle permits. 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 permits shall be issued to any one residence. {WSS634243.DOC;1/00006.900000/} - 4 - 8.52.040 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; and C. The expiration date of the permit. 8.52.050 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 vehicle and resides at the address specified in his/her permit application. Permits issued for a recreational vehicle are limited to a period of 36 hours and no more than 6 permits may be issued for an individual recreational vehicle in any one year period. 8.52.060 Visitor's permits. A. The city clerk is hereby authorized to issue visitor's permits which shall be valid for a period of up to one year. The clerk may issue up to two visitor's permits per residential address. Visitor's permits may be issued to one individual residing at each residential address who can provide the proof of residence required by ECC 8.52.020(B). B. The fee for visitor permits shall be: 1. $5.00 per visitor's permit for an individual holding a valid residential parking permit; or 2. $10.00 per visitor's permit for persons who do not hold a valid residential parking permit. (WSS634243.DOC;1/00006.900000/) - 5 - Visitor's permits shall be issued in conjunction with the issuance or renewal of a residential parking permit, for those individuals who hold a valid residential parking permit or for the calendar year or any unexpired portion thereof for other qualified applicants. 8.52.065 Visitor parking on certain streets. Visitor's permits shall be issued by the city clerk to residents of Sunset Avenue, and the portion of 75th Place West, north of North Meadowdale Road, without showing a lack of off - street parking or vehicle ownership. Such visitor's permits shall be issued at no cost to the applicant. Such visitor's permits shall be limited to two permits per household or residence. These permits shall only be valid for parking after the posted hours on the west side of Sunset Avenue from Bell Street to Caspers Street. Such permits shall be valid on either side of 75th Place West, north of North Meadowdale Road. All other provisions of this chapter, where not inconsistent with this section, shall apply. 8.52.070 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; or F. To use or permit to be used a revoked or suspended permit. 8.52.080 Revocation of permits. Permits and/or visitor's permits may be revoked by the city clerk for any of the following reasons: {WSS634243.DOC;1/00006.900000/1 - 6 - A. The permit holder has made any false, misleading or incomplete statement in the application; B. Violation of any of the provisions of this chapter; or 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. 8.52.090 Revocation — City clerk's duties. If the city clerk finds that a permit and /or visitor's permit should be revoked for any of the reasons set forth in ECC 8.52.080, 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 visitor's permit will be revoked on a specified date which shall be not fewer than 10 or more than 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) of this section, 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 set; and D. The reasons for the revocation. 8.52.100 Appeal. Upon receipt of the appeal, the mayor or his designee shall set a date for hearing within 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 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.. {WSS634243.DOC;1/00006.900000/} - % - 8.52.200 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 ECC 5.50.020. 8.52.300 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. 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: MAYO GAR AAKENSON ATTEST /AUTHENTICATED: ITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 06/16/2006 PASSED BY THE CITY COUNCIL: 06/20/2006 PUBLISHED: 06/25/2006 EFFECTIVE DATE: 06/30/2006 ORDINANCE NO. 3599 {WSS634243.DOC;1/00006.900000/} - 8 - SUMMARY OF ORDINANCE NO. 3599 of the City of Edmonds, Washington On the 20th day of June, 2006, the City Council of the City of Edmonds, passed Ordinance No. 3599. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING AND REENACTING CHAPTER 8.52 OF THE EDMONDS CITY CODE RELATING TO RESIDENTIAL PARKING ZONE REGULATIONS IN ORDER TO PERMIT LIMITED RECREATIONAL VEHICLE PARKING BY PERMIT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 21 st day of June, 2006. .AAA &� CITY CLERK, SANDRA S. CHASE {WSS634243.DOC;1/00006.900000/} - 9 - STATE OF WASHINGTON, COUNTY OF SNOHONHSH SUMMARY OF ORDINANCE NO. 3599 o t e ity o mon s, as mgton On the 20th day of June, 2006, the City Council of the City fof Edmonds, passed Ordinance No. 3599. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING AND REENACTING CHAP- TER 8.52 OF THE EDMONDS CITY CODE RELATING TO RESIDENTIAL PARKING ZONE REGULATIONS IN ORDER TO PERMIT LIMITED RECREATIONAL VEHICLE PARKING BY PERMIT, AND FIXING A TIME WHEN THE SAME' SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon j request. DATED this 21 at day of June, 2006. Published: June 25, 2006. CITY CLERK, SANDRA S. CHASE RECEIVE JUN 2 9 2006 EDMONDS CITY CLERK Affidavit of Publication S.S. The undersigned, being first duly swom on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice Summary of Ordinance No. 3599 City of Edmonds 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: June 25, 2006 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this day of June,2006 Notary Pttblicnd �br the State of Washington, county. / Account Name: City of Edmonds Account Number. 101416 26th k�_A9 AR idfohomi h z00 O F I�Vq SN�N Order Number. 0001413293