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HomeMy WebLinkAbout3171 OrdinanceORDINANCE NO3/ 71 AN ORDINANCE of the City of Pasco, amending and updating certam sections of Title 10 of the Pasco Municipal Code to promote continuity with the Washington Model Traffic Ordinance (MTO) by repealing conflicting and redundant provisions and to update certain penalty provisions of Title 10 of the Pasco Municipal Code together with selected provisions of the Washington Model Traffic Ordmance WHEREAS, certain sections of Title 10 of the Pasco Municipal Code conflict or are redundant with the MTO as adopted m the Washington Administrative Code, at Chapter 308-330 WAC, and certam penalty provisions necessitate revision to bnng them up to current standards, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN as follows Section 1 Section 10 05 010 of the Pasco Municipal Code is amended to read as follows 10 05 010 Adoption by Reference The "Washington Model Traffic Ordinance," Chapter 308-330 WAC, as now or hereafter amended, is hereby adopted by reference as the traffic ordinance for the City of Pasco as if set m full, a copy of which has been filed with the city clerk for use and examination by the public The provisions of the Washington Model Traffic Ordinance, together with other provisions of Title 10 of the Pasco Municipal Code shall constitute the traffic ordinance of the City of Pasco and may be cited as such Section 2 Certain Sections Repealed The following sections of Title 10 of the Pasco Municipal Code are expressly provided for m the MTO, and are hereby repealed PMC 10 12 020 Required obedience to title Repealed (Replaced by WAC 308-330-408) PMC 10 12 030 Obedience to police fire department officials Repealed (Replaced by WAC 308-330-408) PMC 10 20 040 Display of unauthorized signs, signals, or irarkings Repealed (Replaced by WAC 308-330-408) PMC 10 20 050 Interference prohibited Repealed (Replaced by WAC 308- 330-408) PMC 10 28 030 Obedience to no-turn signs Repealed (Replaced by WAC 308-330-421) PMC 10 32 030 Restriction of traffic movement during certain hours Repealed (Replaced by WAC 308-330-415) PMC 10 36 010 Emerging from alley or private driveway Repealed (Replaced by WAC 308-330-421) PMC 10 48 010 Standing or parking next to curb Repealed (Replaced by WAC 308-330-462) PMC 10 52 050 Bus Stops Repealed (Replaced by WAC 308-330-457) PMC 10 56 035 Public Holidays Repealed (Replaced by WA L 308-330-127) PMC 10 58 010 Handicap Parking Place - Violation Repealed (Replaced by RCW 46 16381) PMC 10 58 020 Handicap Parking Places on Certain Streets Repealed (Replaced by RCW 46 16 381) PMC 10 58 030 Penalty Repealed (Replaced by RCW 46 16 381(7)(8)) Section 3 Section 10 52 030 of the Pasco Mumcipal Code is amended to conform with the MTO by repealing Section 10 52 030(1), Parking a vehicle on roadway for principal purpose of displaying vehicle for sale or for advertizing services for vehicles, and 10 52 030(2), Parking vehicle on roadway for principal purpose of greasing or repairing such vehicle except repairs necessiteed by an emergency, which have been replaced by WAC 308-330436 and shall read as follows Section 10 52 030 Parking for Certain Purposes Prohibited (1) No persons shall drop or permit to be dropped from any vehicle or the machinery thereof, any oil, grease or similar substance upon 2 the streets or alleyways of the city, (2) No vehicle with a maximum gross weight of fourteen thousand (14,000) pounds or more shall park any where on or off the street in a residential zone of the city, except parking on a residential streets may be permitted m the course of making deliveries as provided m Section 10 64 020 "Maximum gross weight" means the scale weight of any motor vehicle, truck, truck tractor, trailer, or semi trailer to which shall be added the maximum load to be carried thereon as set by the licensee in his application for a license or as marked on the vehicle, which ever is greater A street is in a residential zone for purposes of this chapter if any property, on either side of the street, is in a residential zone, each block of the street will be treated as a separate umt for purposes of determining whether overnight parking will be permitted, (3) No unlicensed vehicle shall be parked upon the streets of the city, (4) No boat, motor home, camp trailer, trailer, fifth wheel, pickup, camper, snowmobile, or utility trailer as defined in Title 22, shall be stored or mamtamed on any public street, nght of way, or other public areas, except such items may be parked in public right of way m front of owners property for a period of 72 hours m any given two week period for loadmg and unloading purposes Guests of the owner may temporally park, in public nght of way, m ft ont of the owners property for a penod of seventy-two (72) hours in any given two week period only if the boat, motor home, camp trailer, trailer, fifth wheel, pickup, camper, snowmobile, or utility trailei, as defined by Title 22, of the guests cannot be accommodated, due to ;me, of the owners driveway Section 4 Section 10 16 135 of the Pasco Mumcipal Code is amended to read as follows Section 10 16 135 Penalty provisions (1) The penalty provisions of Chapter 308-330 WAC, are her Thy 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, and WAC 308- 330-430, WAC 308-330-436, WAC 308-330-433, WAC 308-330-439, 3 WAC 308-330-442, WAC 308-330-457, and Chapters 10 44, 10 52, 10 56, and 10 92 of the Pasco Municipal Code shall be deemed to haNe committed a civil infraction and for each such violation shall be subject to a civil penalty m the amount listed below, plus court costs and statutory assessments, if any (a) Class One Violation of the following are are subject to a penalty of twenty ($20 00) dollars (1) WAC 308-330-430 Improper parking m an angled slot (n) WAC 308-330-436 Illegal parking for the purpose of displaymg, advertismg or sellmg a vehicle PMC 10 56 060 Overtime parking m two hour zone (iv) PMC 10 56 120 Overtime parking m ten minute zone (v) PMC 10 56 130 Overtime parking in one hour zone (b) Class Two Violation of the following are subject to a penalty of thirty-five ($35 00) dollars (i) RCW 46 61 570(a)(i) through RCW 46 61 570(a)(x) Illegal parking m roadway, intersection, crosswalk, bndges, railroad tracks, cross overs, etc (u) RCW 46 61 570(b)(i) through RCW 46 61 570(b)(vi) Illegal parking m front of dnveway, fire hydrant, where signs prohibit stopping, etc (m) RCW 46 61 570(c)(i) through RCW 46 61 570(c)(n) Illegal parking within 50' of a railroad crossing or where official signs prohibit parking (iv) RCW 46 61 570(3) Pushing vehicle out into roadway (v) RCW 46 61 575(4) Stopping or standing where signs prohibit same (vi) WAC 308-330-433 Obstructing road way 4 (vu) WAC 308-330-439 Illegal parking or standing m a passenger zone (vm) WAC 308-330-442 Illegal parking and standmg m a loading zone (ix) WAC 308-330-457 Illegal parkmg or standing at bus stops and taxi cab stands (x) PMC 10 52 030(1) Allowing oil or grease to be dropped from vehicle (xi) PMC 10 52 030(2) Illegal parking of commercial vehicle on residential street (xn) PMC 10 52 030(3) Illegal parking of unlicensed vehicle on roadway PMC 10 52 030(4) Illegal parking of boat, motor home, trailer etc, on road for more than 72 hours (xtv) PMC 10 52 045 Illegal parking in student loading zone (xv) PMC 10 52 070 Illegal overnight parking in city lots (xvi) PMC 10 56 111 Illegal parking in reserved city vehicle slot (c) Class Three Violation of the following are subject to a penalty of sixty-six ($66 00) dollars (1) RCW 46 61 570(4) Illegal Blocking of Road for Attempting to Reserve Portion for Exclusive Use (n) 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 (m) RCW 46 61 575(2) Illegal stopping/parking more than twelve (12) mches from curb on one way road (iv) PMC 10 44 020 Illegal roller skating, skr t;boarding, coaster on road way (v) PMC 10 44 060 Illegal ndmg 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 (vin) PMC 10 52 020 Illegal parking in alley (ix) PMC 10 92 010 Illegal operating or parking vehicle of nding horse or beast of burden in park (2) Failure to respond within fifteen (15) days shall result in additional penalties being owed (a) After fifteen (15) days, pursuant to RCW 46 63 110, an additional penalty of twenty-five ($25 00) dollars shall be due and owing (3) Each day that a violation continues or each time a violation continues past a parkmg limitation penod 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 Section 5 Section 10 94 020(5) of the Pasco Municipal Code hail be amended to read as follows 10 94 020(5) The ongmal penalty for each violation of Section 5 Handicapped Parkmg, shall be one hundred seventy five ($175 00) dollars As codified m RCW 46 16 381(7), as now or hereafter amended Section 6 If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected Section 7 That due to some admissions and errors the first revision to Title 10, adopted as Ordinance 3165, on August 19, 1996, is hereby repealed Section 8 This ordinance shall take full force and effect five (5) days after its passage, approval and publication as required by law 6 PASSED by the City Council of the City of Pasco at a regular meeting tlus...3 r'41` day of September, 1996 ATTEST CATHY SEAMAN, CITY CLERK 7 FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 PO BOX 293, 525 NORTH 3RD AVE. PASCO, WASHINGTON 99301 111141 1111 1 11 1 111111 1 P 1100 September 4, 1996. Tn-City Herald P0. Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 3167 - 3171 on the following date September 8, 1996 Please send two (2) Affidavits of Publication for each Thank you, a' • see44iJ Catherine D Seaman, Deputy City Clerk 545-3402 cds * No attachments or maps included ---- -4 _PO BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 LEGAL ADVERTISING INVOICE SOLD TO PASCO, CITY OF LEGALS P.O. BOX 2197 PASCO WA 9901 (.)9 /03/9E DATE "-/08/9F =-,orL-,=;/) ACCOUNT NO - 4$177c1 ORDINANCE NO . :171 AN DESCRIPTION TIMES - ool INCHES 7f; .20 T TAL 471.84 LEGAL NO - INIOTICE This Is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment AF7IfittriT OF iL 1 IICA TN COUNTY OF BENTON SS STATE OF WASHINGTON , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton...County Washington That the attached is a true copy of a /7.1 OF:DINANcE. NO 3171 AN as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplegieot thereof, 1 time(s), CQmmAnclog on , and ending on (Y-.7)/ uot :36 , and that said newspaper was regulary distributed to its subscribers during all of this period )Cee we et SUBSCRIBED AND SWORN BEFORE IE THIS 13 e DAY OF--'1 04-(-4).^-10-e-A.— , F Ill BE:OLD Notary public in ang rtiriteAVte rg ini ington, residing at COMMISSION EXPIRES (-)13/ 1 6/00 ‘n t I RI-CITY HERALD F3 tti LEGALS 40 LEGALS 1 1 10 05 010 of the Pasco Municipal Code is amended to read as follows 10 05 010 Adoption by Reference The Washington Model Traffic Ordinance Chapter 308 330 WAC as now or here after amended is hereby adopted by reference as the traffic ordinance for the City of Pasco as if set in full a copy of which has been filed with the city clerk for use and examination by the public The provisions of the Washington Model Traffic Ordinance together with other provisions of Title 10 of the Pasco Municipal Code shall constitute the traffic ordinance of the City of Pasco and may be cited as such Section 2 Certain Sections Repealed The following sections of Title 10 of the Pasco Municipal Code are expressly provided for in the MTO and are hereby repealed PMC 10 12 020 Required obedience to title Repealed (Replaced by WAC 308- 330-408) PMC 10 12 030 Obedience to police fire department offi- cials Repealed (Replaced by WAC 308-330 408) PMC 10 20 040 Display of unauthorized signs signals or markings Repealed (Replaced by WAC 308- 330-408) PMC 10 20 050 Interference prohibited Repealed (Replaced by WAC 308-330-408) PMC 10 28 030 Obedience to no-turn signs Repealed (Replaced by WAC 308- 330-421) PMC 10 32 0:40 Restrir---hon of traffic movement during certain hours Reperaled (Replaced by WAC 308- 330 415) PMC 10 36 0 JO Emerg-ing from alley or private drive- way Repealed (Replaced by WAC 308 330-421) PMC 10 48 010 Standing or parking next to curb Repealed (Replaced by WAC 308-330-462) PMC 10 52 050 Bus Stops Repealed (Replaced by WAC 308-330-457) PMC 10 56 035 Public Holidays Repealed (Replaced by WAC 308- 330 127) PMC 10 58 010 Handicap Parking Place - Violation Repealed (Replaced by RCW 46 16 381) PMC 10 58 020 Handicap Parking Places on Certain Streets Repealed (Replaced by RCW 46 16 381) PMC 10 58 030 Penalty Repealed (Replaced by RCW 46 16 381(7)(8)) Section 3 Section 10 52 030 of the Pasco Municipal Code is amended to conform with the MTO by repealing Section 10 52 030(1) Parking a vehicle on roadway for prin- cipal purpose of displaying vehicle for sale or for adver- tising services for vehicles and 10 52 030(2) Parking vehicle on roadway for prin- cipal purpose of greasin9 or repairing such vehicle except repairs necessitated by an emergency which have been replaced by WAC 308-330436 and shall read as follows Section 10 52 030 Parking for Certain Purposes Prohibited (1) No persons shall drop or permit to be dropped from any vehicle or the machin- ery thereof any oil grease or similar substance upon the streets or alleyways of the city (2) No vehicle with a maxi- mum gross weight of four- teen thousand (14000) pounds or more shall park any where. or or 9ff the street in a residential zone of the city except parking on a residential streets may LEGALS any motor vehicle truck truck tractor trailer or semi trailer to which shall be added the maximum load to be carried thereon as set by the licensee in his applica- tion for a license or as marked on the vehicle which ever is greater A street is in a residential zone for purposes of this chapter if any property on either side of the street is in a residential zone each block of the street will be treated as a separate unit for purposes of determining whether overnight parking Will be permitted (3) No unlicensed vehicle shall be parked upon the streets of the city (4) No boat motor home camp trailer trailer fifth wheel pickup camper snowmobile or utility trailer as defined in Title 22 shall be stored or maintained on any public street right of way or other public areas except such items may be parked in public right of way in front of owners property for a period of 72 hours in any given two week period for loading and unloading purposes Guests of the owner may temporally park in public right of way in front of the owners property for a period of seventy-two (72) hours in any given two week penod only if the boat motor home camp trailer trailer fifth wheel pickup camper snowmobile or util- ity trailer as defined by Title 22 of the guests cannot be accommodated due to size of the owners driveway Section 4 Section 10 16 135 of the Pasco Municipal Code is amended to read as follows Section 10 16 135 Penalty provisions (1) The penalty provisions of Chapter 308 330 WAC are hereby adopted by refer- ence as ifvset 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 and 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 92 of the Pasco Municipal Code shall be deemed to have corn mated a civil infraction and for each such violation shall be subject to a civil penalty in the amount listed below plus court costs and statu tory assessments if any (a) Class One Violation of the following are subject to a penalty of twenty ($20 00) dollars (i) WAC 308-330-430 Improper parking in an angled slot (ii) WAC 308-330-436 Illegal parking for the pur pose of displaying adver- tising 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 (b) Class Two Violation of the following are subject to a penalty of thirty-five ($35 00) dollars (i) RCW 46 61 570(a)(i) through RCW 46 61 570(a)(x) Illegal park- ing in roadway intersection croSswalk bridges railroad tracks cross overs etc (11) 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 RCW 46 61 570(c)(i) through v RCW 46 61 570(c)(11) Illegal park- ing within 50 of a railroad crossing or where official signs prohibit parking (iv) RCW 46 61 570(3) Pushing vehicle out into roadway (v) RCW 46 61 575(4) Stopping or standing where si9ns prohibit Same (vi) WAC 308 330-433 Obstructing road way (vii) WAC 308-330 439 Illegal parking or standing in a passenger zone (viii) WAC 308-330 442 Illegal parking and standing in a loading zone (ix) WAC 308-330 457 Illegal parking or standing at bus stops and taxi cab stands (x) PMC 10 52 030(1) Allowing oil or grease to be dropped from vehicle (xi) PMC 10 52 030(2) Illegal parking of commer- cial vehicle on residential street (XII) PMC 10 52 030(3) Illegal parking of unlicensed vehicle on roadway (xiii) PMC 10 52 030(4) Illegal oadann g-rf A ORDINANCE NO 3171 AN ORDINANCE of the City of F'asco arrending and updating cerVain sec- tions of Title 1C of the Pasco Municipal Dode to promote continuity with the Washington Model Traffic Ordinance (MTO) by repeal- ing conflicting and redun- dant provisions and to update certain penalty pro- visions of Tide 10 of the Pasco Municipal Code together with selected pro- visions of the Washington Model Traffic Ordinance WHEREAS certain sec- tions of Title 10 of the Pasco Municipal Code con- flict or are redundant with the MTO as adopted in the Washington Administrative Code at Chapter 308-330 WAC and certain penalty provisions necessitate revi- sion to bring them if, to cur- rent standards NOW THEREFORE I HE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN as follows Section 1 Section is hereby repealed Section 8 This ordinance shall take full force and effect five (5) days after its passage approval and pub- lication as required by law PASSED by the City Council of the City of Pasco at a regular meeting this 3rd day of September 1996 s- Charles D Kilbury Mayor Attest s- Cathy Seaman City Clerk s- Leland B Kerr City Attorney 1-# 117q 9/8/96 prohibit stopping etc (III) RCW 46 61 570(c)(1) through RCW 46 61 570(c)(10 Illegal park ing within 50 of a railroad crossing or where -official signs prohibit parking (iv) RCW 46 61 570(3) Pushing vehicle out into roadway (v) RCW 46 61575(4) Stopping or standing where signs prohibit same (vi) WAC 308-330-433 Obstructing road way (vii) WAG 308 330-439 Illegal parking or standing in a passenger zone (viii) WAG 308-330-442 Illegal parking and standing in a loading zone (ix) WAG 308-330-457 Illegal parking or standing at bus stops and taxi cab stands (x) PMC 10 52 030(1) Allowing oil or grease to be dropped from vehicle (xi) PMC 10 52 030(2) Illegal parking of commer- cial vehicle on residential street (xii) PMC 10 52 030(3) Illegal parking of unlicensed vehicle on roadway (xiii) 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 PMC 10 56 111 Illegal parking in reserved city vehicle slot - (c) Class Three Violation of the following are subject to a penalty of sixty-six ($66 00) dollars RCW 46 61 570(4) Illegal Blocking of Road for Attempting to Reserve Portion for Exclusive Use (a) 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) inch- es from curb on one way ad (iv) PMC 10 44 020 Illegal roller skating skateboard ing coaster on roadway (v) PMC 10 44 060 Illegal riding on portion of vehicle not intenttpd for vassen gers (vi) PMC 10 44 070 Illegal train operator blocks road for more than five minutes (vii) PMC 10 44 080 Illegal cruising (viii) 10 52 020 Illegal par ing in alley (ix) PMC 10 92 010 Illegal operating or parking vehicle of riding horse or beast of burden in park (2) Failure to respond with in fifteen (15) days shall result in additional penalties being owed (a) After fifteen (15) days pursuant to RCW 46 63 110 an additional penalty of twenty-five ($25 00) dollars 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 penal- ty as set forth above 10 94 020(5) of theSeP cats' ec on I Section 5 Municipal Code shall be I amended to read as follows 10 94 020(5) The original penalty for each violation of Section 5 Handicapped Parking shall be one hun- dred seventy five ($175 00) dollars As codified in RCW 46 16 381(7) as now or hereafter amended Section 6 If any provision of this ordinance or its appll cation to any person or cir- cumstance is held invalid the remainder of the ordi- nance or the application of the provision to other per- sons or circumstances is not affected Section 7 That due to some admissions and errors the first revision to Title 10 adopted as Ordinance 3165 on August 19 1996 *************** -IND XMT JOURNAL- **************** DATE SEP-04-1996 ***** TIME 09 19 ******** DATE/TIME = SEP-04-1996 09 13 JOURNAL No = 31 COMM. RESULT = OK PAGE(S) = 013 DURATION = 00 05'08 FILE No MODE = TRANSMISSION DESTINATION = <01> / 9 582 1453 / TCH RECEIVED ID = / 1 509 582 1453 RESOLUTION = STD -CITY OF PASCO FINANCE - ***** - 1 509 544 3082- *********