ORDINANCE NO

Transcription

1 ORDINANCE NO AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CHAPTER OF THE PORT ORCHARD MUNICIPAL CODE RESIDENTIAL PARKING PERMIT SYSTEM; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No on May 11, 1987, thereby establishing the Residential Parking Permit System for residential neighborhoods, codified in Chapter of the Port Orchard Municipal Code; and WHEREAS, the City Council amended Chapter POMC on November 24, 2015 by the adoption of Ordinance No ; and WHEREAS, the City Council finds that it is necessary to further amend Chapter to address certain additional issues that have arisen relating to parking permits; now, therefore, FOLLOWS: THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS SECTION 1. Section of the Port Orchard Municipal Code is hereby amended Purpose. The city has adopted parking limits and posted signs limiting parking on certain residential streets identified in POMC The purpose of this chapter is to establish a residential parking permit system to facilitate residents parking on public streets near their homes beyond such established parking limits, and to further authorize the finance department to issue parking permits as specified in this chapter. SECTION 2. Section of the Port Orchard Municipal Code is hereby amended

2 Page 2 of Definitions. (1) "Bed and breakfast parking permit" means a parking permit validated and issued by the city to accommodate on-street parking for registered guests of permitted bed and breakfast facilities, as defined by the city zoning code. (2) "Commuter vehicle" means a licensed vehicle parked in a residential area which is not owned or leased by a resident of that residential area. Vehicles that weigh 10,000 pounds or more are not considered commuter vehicles for the purpose of this chapter. (3) "Residential event parking permit" means a one day parking permit validated and issued by the city allowing a guest of a resident who is eligible for a residential parking permit to park within one block of that person's residence for a period of up to 24 hours. This permit is intended to allow multiple guests to park their vehicles near the residence of a person who is holding an event. (4) "Residential guest parking permit" means a 14-day parking permit validated and issued by the city allowing a temporary guest of a resident who is eligible for a residential parking permit to park within one block of that person's residence for a period of up to 14 days. (5) "Residential parking permit" means a parking permit validated and issued by the city allowing a resident or guest to park within one block of their residence beyond the established parking limits in Section POMC and as posted, with privileges as specified in this chapter. (6) "Residential parking permit area" means within any area described in Section POMC. (2) "Residential vehicle" means a licensed car, pickup trucks, or similar vehicles parked in a residential area which is owned or leased by a resident of that residential area. The term shall not include commercial vehicles, busses, tractors, boats, trailers, or recreational vehicles as described in Section POMC and Section POMC. (8) "Temporary residential parking permit" means a one-day parking permit validated and issued by the city allowing a guest of a resident who is eligible for a residential parking permit to park at a specific site for a period of up to 24 hours.

3 Page 3 of 8 SECTION 3. Section of the Port Orchard Municipal Code is hereby amended Residential parking permits. (1) Residential Parking Permit Area. The city council hereby designates the residential parking permit area as those streets listed in Section POMC. (2) Issuance of Permits. The finance department shall issue residential parking permits, in accordance with the following guidelines: (a) Application for a permit is required. Each permit is for one vehicle. The application shall include the following: name of resident, address of resident, phone number of resident; vehicle make, model, year and license plate number. (b) Eligible recipients for a residential parking permit shall be persons residing in residential parking permit areas designated by council action in accordance with POMC (c) There shall be an administrative fee for each residential parking permit and a replacement residential parking permit. The fee shall be set by resolution and adopted by the city council. (d) The permit shall be valid as long as the same owner retains ownership of that residential vehicle for which the permit was issued and that owner resides in the residential area. Permits are renewable in two-year intervals expiring on the last day of the issuance calendar month. The residential parking program is limited to residential vehicles. The vehicle shall be licensed and operable. (e) Parking permits allow the owner of the vehicle to park within a oneblock radius of the owner's residence on streets with posted restrictions. Permits do not guarantee or reserve a certain parking space on the street.

4 Page 4 of 8 (f) Permits are issued to a specific license plate number and are not transferable between vehicles or residents. Upon purchase of a new vehicle or change of license plates on an existing vehicle, the resident shall bring in the vehicle registration and obtain a new permit. A replacement fee will apply. (g) Permits are to be affixed to the exterior of the back window, on the lower part of the window on the driver's side of the vehicle. Permits must be visible to approaching parking enforcement officers. (h) Change of address is required. If a resident moves within the residential parking zone, the resident shall notify of the address change. If a resident moves outside of the residential parking zone, the permit is no longer valid. There will be no fee for updating a residential address change within the parking zone. (i) Lost or stolen vehicle permits will be reissued at the replacement fee. It is the responsibility if the resident to care for and control the use of all issued permits. (3) The finance department shall determine eligibility for a residential parking permit. Eligibility is established by a person or persons complying with the following: (a) Provide proof that person owns or leases the residential vehicle by the means of a current vehicle registration and valid state/government picture ID or the vehicle's registered address is the address of the permittee; (b) Provide proof that person resides in a residential parking permit area by the means of a property deed, rental agreement, current utility bill, or any piece of mail in the resident's name; and (c) The maximum number of permits are limited to no more than four (4) per residential address. SECTION 4. Section of the Port Orchard Municipal Code is hereby amended

5 Page 5 of Other parking permits. The finance department is authorized to issue the following permits: (1) Residential guest parking permits shall be available for vehicles of guests of persons residing in a residential permit parking area. The vehicle must be owned or leased by the guest and licensed and operable. Residential guest parking permits shall not be issued for commercial vehicles, busses, tractors, boats or trailers. This permit shall be valid for a 14-day period. There shall be an administrative fee for each residential guest parking permit. The fee shall be set by resolution and adopted by the city council. (2) Temporary residential parking permits shall be available for cars, pickup trucks, or similar vehicles. Commercial vehicles, busses, boats, boat trailers, and recreational vehicles that are being loaded or unloaded may be issued a temporary residential parking permit. A temporary residential parking permit is restricted to a specific site, is valid only for a 24-hour period, and will allow the vehicle to park in excess of the time limits posted on the street. No vehicle can be issued more than two temporary residential parking permits in a sevenconsecutive-day period, and not more than four in a 30-day period. There shall be an administrative fee for each temporary residential parking permit. The fee shall be set by resolution and adopted by the city council. (3) Residential event parking permits shall be available for vehicles of guests of persons residing in a residential permit parking area to allow multiple guests to park their vehicles near the residence to attend an event at the residence. All vehicles for which the residential event parking permits are obtained must be owned or leased by a guest and licensed and operable. Residential event parking permits shall not be allowed to be used for commercial vehicles, busses, tractors, boats or trailers. Such permits shall be valid for a 24-hour period. The resident holding the event may obtain up to ten (10) residential event parking permits per event. No resident shall be issued residential event parking permits for more than three events per year. There shall be an administrative fee for each residential event parking permit. The fee shall be set by resolution and adopted by the city council.

6 Page 6 of 8 (4) Subject to the provisions of the city's parking requirements as contained in the city's zoning code, up to three bed and breakfast parking permits shall be available for vehicles of registered guests of a bed and breakfast facility during their stay. The permit shall only be valid for on-street parking within two blocks of the bed and breakfast facility. The vehicle must be owned or leased by the guest and licensed and operable. Bed and breakfast parking permits shall not be issued for commercial vehicles, busses, tractors, boats, trailers or recreational vehicles. Bed and breakfast parking permits must be displayed prominently in a window of the vehicle. There shall be an administrative fee for each bed and breakfast permit. The fee shall be set by resolution and adopted by the city council. (5) The finance department may issue a special parking permit on a case-by-case basis for situations that do not fall within one of the above parking permit designations when it is determined that a need exists for such issuance. Such special parking permits shall only be valid through the date and on the street(s) listed thereon. There shall be an administrative fee for each special parking permit. The fee shall be set by resolution and adopted by the city council. SECTION 5. Section of the Port Orchard Municipal Code is hereby amended Violation - Penalty. (1) Violation of this chapter shall constitute a class 2 civil infraction and be enforced under Chapter 7.80 RCW when one or more of the following has occurred: (a) It is unlawful and a violation of this chapter for a person to falsely represent himself as eligible for a parking permit or to furnish false information in an application therefor to the office of the city clerk or finance department. (b) It is unlawful and a violation of this chapter for a person holding a valid parking permit issued pursuant hereto to allow the use or display of such permit on a motor vehicle other than that for which the permit is issued. Such conduct

7 Page 7 of 8 shall constitute an unlawful act and violation of this chapter both by the person holding the valid parking permit and the person who so uses or knowingly displays the permit on a motor vehicle other than that for which it is issued. (c) It is unlawful and a violation of this chapter for a person to copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit. It shall further be unlawful and a violation of this chapter for a person to knowingly use or display a facsimile or counterfeit parking permit in order to evade time limitations on parking applicable in a residential permit parking area. SECTION 6. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 7. Effective Date. This ordinance shall be in full force and effect 5 days after publication of this ordinance, as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City clerk in authentication of such passage this 26 th day of July, ATTEST: Robert Putaansuu, Mayor Brandy Rinearson, CMC, City Clerk cp.»^>v \ v.v

8 Page 8 of 8 APPROVED AS TO FORM: SPONSORED BY: ron Cates, City Attorney Bek Ashby, Councilmemoer PUBLISHED: August 5, 2016 EFFECTIVE DATE: August 10, 2016

9 NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held July 26 th, ORDINANCE NO AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CHAPTER OF THE PORT ORCHARD MUNICIPAL CODE RESIDENTIAL PARKING PERMIT SYSTEM; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Copies of Ordinance No are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, August 5th, 2016