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Home My WebLink About4152 OrdinanceORDINANCE NO. y I S- Z--- AN ORDINANCE of the City of Pasco, Washington, Amending Section 10.16.135 "Penalty Provisions" Regulating Traffic Within the City; Creating Section 10.52.080 "Handicap Parking Violations "; and Repealing Chapter 10.94 "Tri- Cities Airport Parking and Traffic Regulations" WHEREAS, the Washington legislature has, by amendment of RCW 46.63.110, authorized cities within the State to assess a penalty for failure to timely respond to a notice of parking infraction imposed by cities within the State; and WHEREAS, it is necessary to update the penalty provisions for certain traffic infractions and to provide consistency with the State law, and to amend penalty provisions for failure to timely respond to violations of the City's traffic and parking infractions; and WHEREAS, Chapter 10.94 of the Pasco Municipal Code regarding Tri- Cities Airport Parking and Traffic Regulations is outdated and based upon the Port of Pasco Resolution, has long since been amended and changes having been made for the enforcement of parking and traffic regulations within the Airport making the current regulation obsolete which are being considered by the Port for future action; and WHEREAS, the City desires to provide for handicap parking, and provide for violations thereof; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 10.16.135 entitled "Penalty Provisions" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.16.135 PENALTY PROVISIONS. (1) The penalty provisions of Chapter 308 -330 WAC, are hereby adopted by reference as if set forth in full; EXCEPTION, any person found to be in violation of any provision of RCW 46.61.570 and RCW 46.61.575, which has been adopted by reference through WAC 308.330 -462, WAC 308 - 330 -430, WAC 308.330 -436, WAC 308 - 330 -433, WAC 308 - 330 -439, WAC 308 -330- 442, WAC 308 - 330 -457, and Chapters 10.44, 10.52, 10.56, and 10.9 -24 of the Pasco Municipal Code shall be deemed to have committed a civil infraction and for each such violation shall be subject to a civil penalty in the amount listed below, plus court costs and statutory assessments, if any: (a) Class One. Violation of the following are subject to a maximum penalty of t-went forty dollars ($ 9:8040.00); (i) WAC 308 - 330 -430. Improper parking in an angled slot. (ii) WAC 308 - 330 -436. Illegal parking for the purpose of displaying, advertising or selling a vehicle. (iii) PMC 10.56.060. Overtime parking in two hour zone. (iv) PMC 10.56.120. Overtime parking in ten minute zone. (v) PMC 10.56.130. Overtime parking in one hour zone. (vi RCW 46.61.570(a)(i) through RCW 46.61.570(a)(x). Illegal parking in roadway, intersection, crosswalk, bridges, railroad tracks, cross overs, etc. (vii) RCW 46.61.570(b)(1) through RCW 46.61.570(b)(vi). Illegal parking in front of driveway, fire hydrant, where signs prohibit stopping, etc. (viii) RCW 46.61.570(c)(i) through RCW 46.61.570(c)(ii). Illegal parking within 50' of a railroad crossing or where official signs prohibit parking. (ix) RCW 46.61.570(3). Pushing vehicle out into roadway. (x) RCW 46.61.575(4). Stopping or standing where signs prohibit same. (xi) WAC 308 - 330 -433. Obstructing road way. (xii) WAC 308 - 330 -439. Illegal parking or standing in a passenger zone. (xiii) WAC 308 - 330 -442. Illegal parking and standing in a loading zone. (xiv) WAC 308 - 330 -457. Illegal parking or standing at bus stops and taxi cab stands. (xv) PMC 10.52.030(1). Allowing oil or grease to be dropped from vehicle. (xvi) PMC 10.52.030(2). Illegal parking of commercial vehicle on residential street. (xvii) PMC 10.52.030(3). Illegal parking of unlicensed vehicle on roadway. (xviii) PMC 10.52.030(4). Illegal parking of boat, motor home, trailer, etc., on road for more than 72 hours. (xiv) PMC 10.52.045. Illegal parking in student loading zone. (xv) PMC 10.52.070. Illegal overnight parking in City lots. (eb) Class ThfeeTwo. Violation of the following are subject to a maximum penalty of si)ity eighty dollars ($6680.00): Parking Regulations Page 2 (i) RCW 46.61.570(4). Illegal blocking of road for attempting to reserve portion for exclusive use. (ii) RCW 46.61.575(1). Illegal stopping /parking on wrong side of road more than twelve (12) inches of curb on a two way road. (iii) RCW 46.61.575(2). Illegal stopping/parking more than twelve (12) inches from curb on one way road. (iv) PMC 10.44.020. Illegal roller skating, skateboarding, coaster on road way. (v) PMC 10.44.060. Illegal riding on portion of vehicle not intended for passengers. (vi) PMC 10.44.070. Illegal train operator blocks road for more than five minutes. (vii) PMC 10.44.080. Illegal cruising. (viii) PMC 10.52.020. Illegal parking in alley. (c) Class Three. Violation of the following are subject to a maximum penaltyof two hundred and fifty dollars ($250.00), together with such other penalties, or rg eater amounts as authorized by State law: (i) PMC 10.52.080. Handicap parking violations are subject to a monetary penalty of two hundred and fifty dollars ($250.00) and, in addition, to any penalty or fine imposed under this section, two hundred dollars ($200.00) must be assessed pursuant to RCW 46.19.050. The Municipal Court may not suspend more than one -half of any fine imposed under this subsection. (ii) All other violations contained within this Title not otherwise designated as misdemeanors or gross misdemeanors shall constitute infractions. Unless otherwise designated by class or amount, all violation of infractions shall be presumed to be class three infractions and subject to the maximum penalty of two hundred and fifty dollars ($250.00), or such additional penalties in such rg eater amounts as provided by State law. (2) Failure to respond within fifteen (15) days shall result in an additional monetary penalties been' owe penalty of twenty -five dollars ($25.00) which shall be due and owing. Parking Regulations Page 3 (3) Each day that a violation continues or each time a violation continues past a parking limitation period or portion thereof in excess of the applicable parking time limitation, it shall be deemed a separate violation subject to the maximum civil penalty as set forth above. (Ord. 3171 Sec. 4, 1996; Ord. 2599, Sec. 1, 1986.) Section 2. That a new Section 10.52.080 entitled "Handicap Parking Violations" of the Pasco Municipal Code, shall be and hereby is created and shall read as follow: 10.52.080 HANDICAP PARKING VIOLATIONS. It is an unlawful parking violation: (1) For any person to park in, block, or otherwise make inaccessible the access isle located next to a space reserved for persons with physical disabilities; (2) For any person to park a vehicle in a parking place provided on private property without charge or on public property reserved for persons with physical disabilities without a placard or special license place issued pursuant to Chapter 46.19 RCW; (3) For any person to make unauthorized use of the special placard, special license plate, or identification card issued pursuant to Chapter 46.19 RCW; or (4) In any public or private parking space posted by sign, and reserved for persons with physical disabilities. Section 3. That Chapter 10.94 entitled "Tri- Cities Airport Parking and Traffic Regulations" of the Pasco Municipal Code, is hereby repealed in its entirety. Section 4. This Ordinance shall take full force and effect on May 1, 2014 after its passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this " ay of , 2014. Matt Watkins, Mayor A TES D ie ark, ity Clerk APPRO ED TO FORM: Leland B. Kerr, City Attorney Parking Regulations Page 4