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HomeMy WebLinkAbout4295 OrdinanceORDINANCE NO. '42T AN ORDINANCE of the City of Pasco, Washington, Amending PMC Chapter 10.16.135 "Penalty Provisions" and Chapter 10.52.035 "Extended Unauthorized Parking Prohibited" to establish penalties for violations thereof. WHEREAS, the City Council has previously determined that certain parking practices should be prohibited and codified in the Pasco Municipal Code; and WHEREAS, the Council has determined to set penalties for said prohibited practices, consistent with similar offenses; 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, 10.48, 10.52, 10.56, and 10.94 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 forty dollars ($40.00): Ii) WAC 308-330-430. Improper parking in an angled slot. 0)(ii) PMC 10.48.015. Parking across designated lines. (-ii) iii WAC 308-330-436. Illegal parking for the purpose of displaying, advertising or selling a vehicle. (iii) iv PMC 10.56.060. Overtime parking in two hour zone. 6-v4 v) PMC 10.56.120. Overtime parking in ten minute zone. (Nqvi PMC 10.56.130. Overtime parking in one hour zone. (vij vii 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. ( ij) viii RCW 46.61.570(b)(i) through RCW 46.61.570(b)(vi). Illegal parking in front of driveway, fire hydrant, where signs prohibit stopping, etc. (v -iii) ix 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. (ix4(x) RCW 46.61.570(3). (-x-)xi RCW 46.61.575(4). prohibit same. (*�4xii)WAC 308-330-433. (*i44xiii)WAC 308-330-439. Pushing vehicle out into roadway. Stopping or standing where signs Obstructing road way. Illegal parking or standing in a passenger zone. (X4 ­i,4 xiv WAC 308-330-442. Illegal parking and standing in a loading zone. (xis xv)WAC 308-330-457. Illegal parking or standing at bus stops and taxi cab stands. (x�xvi PMC 10.52.030(1). Allowing oil or grease to be dropped from vehicle. (K -v) xvii PMC 10.52.030(2). Illegal parking of commercial vehicle on residential street. (x -v4) xviii PMC 10.52.030(3). Illegal parking of unlicensed vehicle on roadway. (xix) PMC 10.52.030(4). Illegal parking of boat, motor home, trailer, etc., on road for more than 72 hours. (xvi-iij(xx) PMC 10.52.035. Extended unauthorized narking. (x xxi PMC 10.52.045. Illegal parking in student loading zone. (xx) xxii)PMC 10.52.070. Illegal overnight parking in City lots. (b) Class Two. Violation of the following are subject to a maximum penalty of eighty dollars ($80.00): (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 penalty of two hundred and fifty dollars ($250.00), together with such other penalties, or greater 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. Title 10 "Vehicles and Traffic' Page 2 (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 greater amounts as provided by State law. (2) Failure to respond within fifteen (15) days shall result in an additional monetary penalty of twenty-five dollars ($25.00) which shall be due and owing. (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. 4152, 2014; Ord. 3171 Sec. 4,1996; Ord. 2599, Sec. 1, 1986.) Section 2. That Section 10.52.035 entitled "Extended Unauthorized Parking Prohibited" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.52.035 EXTENDED UNAUTHORIZED PARKING PROHIBITED. (1) No person shall park a vehicle on any street or other municipal property for a period of time longer than 14 days, unless an official posted sign provides a shorter period of time, or unless otherwise provided by law. (2) Authorized vehicles on municipal property are excluded from the provisions of this Section, as are vehicles displaying valid proof of payment when parked in spaces controlled by a parking payment device. (3) Penalties: Any vehicle found to be in violation of this Section is declared to be a public nuisance, and shall be subject to a Class IL I Civil aet-ien-Penalry as defined -set by PMC 1.82.98910.16.135. Any vehicle cited under this section two or more times in any 180 day period or that remains in violation of this Section 30 or more days after citation may be impounded if no operator is present who will immediately comply with this Section. (4) Notice to Owner: A law enforcement officer discovering a previously cited and unauthorized vehicle as described in Section 10.52.035 (3) left within a street right-of-way or other municipal property shall attach to the vehicle a readily visible notification. The notification shall contain the following information: a) The date and time the notification was attached; b) The identity of the officer; c) A statement that if the vehicle is not removed within 72 hours from the time the notification is attached, the vehicle may be taken into custody and stored at the owner's expense; d) A statement that if the vehicle is not redeemed as provided in RCW 46.55.120, the vehicle may be declared an abandoned vehicle and sold according to the terms of RCW 46.55.130; e) The address and telephone number where additional information may be obtained. Title 10 "Vehicles and Traffic" Page 3 (5) Relocation of a vehicle for purposes of avoiding impound or citation is prohibited. Vehicles must be relocated a minimum of 20 feet for a minimum duration of 48 hours from the location where the vehicle was noticed or the citation issued. (6) Unauthorized storage of personal effects, in conjunction with use of a vehicle or not, on any public street or municipal property is prohibited. (Ord. 4282, 2016.) Section 3. This Ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by the ity Council of the City of Pasco, Washington, and approved as provided by law this day of J 1)r1..� 12016. Matt Watkins, Mayor A E (2C d 00 NI"I A Debra L. Clark, City Clerk =APD AS TO FORM: Leland B. Kerr, City Attorney Title 10 "Vehicles and Traffic' Page 4