HomeMy WebLinkAboutCAP 2015-11-09 Item 2A - Ordinance - Parking Regulations Within the CityCity of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Laurel Humphrey, Council Analyst
DATE: October 29, 2015 (updated following October 26 Committee of the Whole)
SUBJECT: Parking Regulations
ISSUE
Up4ating -An update to street parking regulations in Tukwila in alignment with City strategic
goals of "Inviting Neighborhoods" and "A Positive Community Identity." This draft ordinance
passed out of Committee on October 19 and was referred back by the Committee of the Whole,
which asked for particular committee emphasis on the proposed change to recreational vehicles
on right -of -way in residential zones as well as discussion on how best to communicate the law if
enacted. Currently, recreational vehicles are disallowed in all zones in the City and this
ordinance allows them for up to 24 hours in residential zones.
BACKGROUND
In response to complaints from residents regarding commercial truck parking on city streets, the
City Council requested that regulations regarding this activity be reviewed and updated. While
draft legislation was being developed to address commercial vehicle parking, other parking -
related items were identified as needing an update as well. This draft ordinance proposes to re-
enact Tukwila Municipal Code Chapter 9.20, Parking Regulations, and amends certain other
sections accordingly. General parking regulations, such as the 72 hour time limit on City
streets, the requirement to clear 5 feet at driveways, and the need to leave at least 10 feet of
roadway width are left intact. Significant changes between current code and the proposed
ordinance are summarized below.
DISCUSSION
New definitions
Definitions of vehicles by class /weight are included. Classes are based upon gross vehicle
weight rating and used by the Federal Highway Administration and other regulatory agencies.
Infractions
Language pertaining to infractions and impoundment is removed from each individual section
and covered in one section — "Penalties and impound procedures."
Municipal parking
Parking on municipal property without authority or permission is limited to six hours. "Authority
or permission" covers those who are parking for a municipal meeting or function.
Parks and trails and electric vehicles
Amendments in these subsections are minor wording edits for clarification.
Parking for maintenance
The word maintenance is inserted in place of the word greasing and the prohibition on display of
a vehicle for sale is removed.
INFORMATIONAL MEMO
Page 2
Large vehicles, trailers, and recreational vehicles
The current TMC 9.28.020, "Commercial Vehicles in Residential Areas," prohibits parking of
commercial trucks on city right -of -way in residential zones, and is considered difficult to enforce
by both police and code enforcement officers. It partly defines commercial vehicles as being
larger than 8 feet wide, longer than 20 feet, or taller than 9 feet and so officers must be able to
identify qualifying vehicles by these measurements as well as quickly establish the zone in
question. The draft ordinance proposes to:
• Remove this regulation from Chapter 9.28, "Miscellaneous Regulations" and include it with
the other parking related laws in Chapter 9.20.
• Strike the word "commercial," instead referring to vehicles Class 5 and above, or those
over 16,001 pounds.
• Prohibit parking of vehicles Class 5 and above, and trailers, from city right -of -way in all
zones.
• Prohibit parking of recreational vehicles in non - residential zones in the city.
• Retain the loading and unloading exemption and adds a construction or utility project
exemption.
Class 3 and Class 4 vehicles in residential zones
This is a new section that prohibits the parking of Class 3 and Class 4 vehicles (between 10,000
and 16,000 pounds) in residential zones, with the exception of large pick -up trucks falling within
the Class 3 rating.
Recreational vehicles and trailers in residential zones
This is a new section that allows recreational vehicles and trailers on city streets in residential
zones for up to 24 hours. Currently, recreational vehicle parking is disallowed in all zones on
city right -of -way. At the October 26 Committee of the Whole meeting, a question was asked
about preventing recreational vehicles from moving from spot to spot in order to remain
compliant with the proposed law. Section C of TMC 9.20.060, General Parking Regulations,
states: "Reparkinq the same vehicle in the same block to avoid a time limit regulation is a
violation of this chapter." This is currently in the code and this ordinance does not propose a
change to that language.
Penalties and impound procedures
This section has been rewritten to address state requirements and current practices in impound
procedures.
Occupancy of recreational vehicles as dwelling unit
The definition of recreational vehicle has been expanded to include fifth -wheel trailer, and omits
the prohibition on parking in all public right -of -way.
FINANCIAL IMPACT
None.
RECOMMENDATION
Committee consideration of the draft ordinance with a recommendation to the Committee of the
Whole on Bctober November 23, 2015.
ATTACHMENTS
Chart of Vehicle Types by Weight Class
Draft ordinance
Alternative Fuels Data Center: Maps and Data
Types of Vehicles by Wet Int CI
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, REPEALING ORDINANCE
NOS. 1975, 1810 AND 1794 §1 (PART), AS CODIFIED IN
TUKWILA MUNICIPAL CODE CHAPTERS 9.20 AND 9.28;
AMENDING VARIOUS ORDINANCES AS CODIFIED AT
TUKWILA MUNICIPAL CODE SECTIONS 8.28.070,
9.28.037 AND 9.32.020; AND REENACTING TUKWILA
MUNICIPAL CODE CHAPTER 9.20, TO UPDATE
REGULATIONS REGARDING PARKING; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 1810 was passed September 2, 1997, to update
commercial vehicle parking regulations in the City of Tukwila, and
WHEREAS, the current regulations regarding parking of commercial vehicles,
recreational vehicles, and large vehicles have proven to be difficult to enforce; and
WHEREAS, consolidating code language in a single location in the Tukwila
Municipal Code will facilitate enforcement of these regulations; and
WHEREAS, the City Council desires to update and clarify parking regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No. 1975, as codified in Tukwila Municipal Code
Chapter 9.20, is hereby repealed.
Section 2. Repealer. Ordinance No. 1810 is hereby repealed, thereby eliminating
Tukwila Municipal Code Section 9.28.020, "Commercial vehicles in residential areas."
Section 3. Repealer. Ordinance No. 1794 §1 (part), as codified at Tukwila
Municipal Code Section 9.28.020, is hereby repealed.
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Section 4. TMC Chapter 9.20 Reenacted. Tukwila Municipal Code (TMC) Chapter
9.20, "Parking Regulations," is hereby reenacted to include the following:
CHAPTER 9.20
PARKING REGULATIONS
Sections:
9.20.010 Definitions
9.20.020 Alley — Driveway entrance
9.20.030 Parking on municipal property
9.20.040 Parking for maintenance purposes prohibited
9.20.050 Parking over time limits on City streets and highways prohibited
9.20.060 General parking regulations
9.20.070 Parking large vehicles, trailers and recreational vehicles on City
streets
9.20.080 Parking Class 3 and Class 4 vehicles in residential zones
9.20.090 Recreational vehicle and trailer parking in residential zones
9.20.100 Unsafe parking
9.20.110 Controls— enforcement
9.20.120 Penalties and impound procedures
Section 5. A new TMC Section 9.20.010 is hereby established to read as follows:
9.20.010 Definitions
As used in this chapter, the following terms shall have the meanings set forth in this
section, unless a different meaning is clearly indicated by the context in which the term
is used. Terms not defined herein shall be interpreted using the meaning they have in
common usage and to give this chapter its most reasonable application.
1. "Class 1 Vehicle" means vehicles with a gross vehicle weight ratinq of
6,000 pounds or less as indicated in official state records.
2. "Class 2 Vehicle" means vehicles with a gross vehicle weight rating of
6,001 pounds to 10,000 pounds as indicated in official state records.
3. "Class 3 Vehicle" means vehicles with a gross vehicle weight rating of
10,001 pounds to 14,000 pounds as indicated in official state records.
4. "Class 4 Vehicle" means vehicles with a gross vehicle weight rating of
14,001 pounds to 16,000 pounds as indicated in official state records.
5. "Class 5 Vehicle" means vehicles with a gross vehicle weight rating of
16,001 pounds to 19,500 pounds as indicated in official state records.
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6. "Class 6 Vehicle" means vehicles with a gross vehicle weight rating of
19,501 pounds to 26,000 pounds as indicated in official state records.
7. "Class 7 Vehicle" means vehicles with a gross vehicle weight rating of
26,001 pounds to 33,000 pounds as indicated in official state records.
8. "Class 8 Vehicle" means vehicles with a gross vehicle weight rating of
33,001 pounds or more as indicated in official state records.
9. "Pick -up Truck" means a motor vehicle designed, used or maintained for
carrying, pulling or transporting property, typically with an enclosed cab and an open
bed and low sides and a tailgate, and may be used with or without a canopy covering
the bed.
10. "Recreational Vehicle" means travel trailer, motorhome fifth -wheel trailer,
or similar vehicles used for temporary accommodations while traveling. "Recreational
vehicles" also includes boats, personal watercraft, snowmobiles and the like.
11. "Trailer" means every vehicle without motive power designed for being
drawn by or used in conjunction with a motor vehicle, constructed so that no
appreciable part of its weight rests upon or is carried by such motor vehicle, whether
attached or unattached to a motor vehicle, including, but not limited to semitrailers and
pole trailers. "Small trailer" is defined as any trailer with a gross vehicle weight rating of
less than 16,000 pounds as indicated in official state records.
Section 6. TMC Section 9.20.020 is reenacted to read as follows:
9.20.020 Alley — Driveway entrance
No person shall park a vehicle within an alley in such a manner or under such
conditions as to leave available less than eight feet of the width of the roadway for the
free movement of vehicular traffic, and no person shall stop, stand, or park a vehicle
within an alley in such a position as to block the driveway entrance to any abutting
property.
Section 7. TMC Section 9.20.030 is reenacted to read as follows:
1 9.20.030 Parking on municipal property
A. Generally. No person shall stop, stand or park a vehicle in any garage,
parking area or other property operated by the City, where signs prohibit or restrict such
stopping, standing or parking without lawful authority or permission. Any motor vehicle
so stopped, standing or parked on municipal property for a period of 24 6 hours or more
without authority or permission is a nuisance. SUGh nuisance may ho abated
as provided in TMG 9.20.090. The irnpoundiRg Of SUGh a vehiGle shall not prevent er
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B. Municipal Parks and Trails. No person shall stand, stop or park a vehicle in
any municipal park or trail areas except in areas designated for such purposes. No
person shall stand, stop or park any vehicle left --in a parking stall designated for a
municipal park or trail area for a period of time exceeding the maximum amount of time
permitted as posted or, if a time limit is not posted, then -for a period of time exceeding
24 hours, without lawful permission or authority shall be Gited with a parking infFaGtmen
by the Chief of PGI;Ge oF his d ig d shall be subjeGt tO impound in the same
rnanneF as provided in TIVIG 9.20.090. Any vehiGle leeft in a park, and Ret OR a parking
stall, shall be Gited with a parking infraGtien by the Chief of PGliGe or his designee and
subjeGt tO immediate impounding in the same manReF as provided in TIVIG 9.20.090.
Section 8. TMC Section 9.20.040 is reenacted to read as follows:
1 9.20.040 Parking for oerta+n maintenance purposes prohibited
No person shall park a vehicle upon any roadway for the principal purpose of 4-
maintenance or repairing such vehicle except for repairs necessitated by emergency.
Section 9. TMC Section 9.20.050 is reenacted to read as follows:
9.20.050 Parking over time limits on City streets and highways prohibited
A. Generally. No person shall stop, park, leave standing, or store any vehicle,
whether attended or unattended, on any street or highway within the City for more than
SpaFkinn may ho s� immarily chat iss� vino a Ronne of infraction
andlor by impounding the vehiGle on the same FnanneF as previded On TIVIG 9.20.0
72 hours. �c-fa abated
however, that any such vehicle stopped, parked, stored or left unattended on
any street or highway within the City without a valid registration plate will be subject to
immediate issuance of a notice of infraction without regard to the length of time the
vehicle has been stopped, parked, stored or left unattended. The of su
M rn*G*pal Court or elsewhere for violation of this seGtioo
Parking in rss4riGted areas
AB. Restricted Parking. Any street with a sign denoting limited hours for parking
shall be restricted for general street parking. The street or area shall be marked by a
sign clearly indicating limited hours for parking. The peli ^o offiGer or his designee shall
G;te any veh"Gle left on a street foF a tirne GveF the posted limit foF paFkiRg, without lawful
autherity,
,.,r T�
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43C. Residential Parking Permits. Residents who can prove their residence is on
a street with limited parking hours can apply for a residential parking permit at Tukwila
City Hall. Residents may park in one spot, including on a street with a sign denoting
limited hours for parking, for no longer than 72 hours, and shall follow all other
applicable laws for parking on City streets.
Section 10. TMC Section 9.20.060 is reenacted to read as follows:
9.20.060 General parking regulations
A. Except where necessary to avoid conflict with other traffic, or in compliance
with the law or the directions of a law enforcement officer, no person shall stop, stand or
park a vehicle:
1. In front of a public or private driveway or within 5 feet of the end of the
radius leading thereto.
2. In a place that restricts vehicular access to mailboxes.
3. In any place where official signs prohibit parking.
4. In such a manner or under such conditions as to leave available less than
10 feet of the width of the roadway for free movement of vehicular and emergency
traffic.
5. When signs are displayed giving notice thereof, on one or both sides of a
street where parking is prohibited.
6. On cul -de -sacs when such action reduces the radius of the cul -de -sac to
less than 35 feet.
B. It is unlawful for any person to alter or remove a mark placed upon a vehicle by
a parka 4g-Law enforcement officer to monitor and enforce the parking time limits in this
chapter when the alteration or removal is intended to extend the period of parking time
authorized.
C. Reparking the vehicle in the same block to avoid a time limit regulation is a
violation of this chapter.
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Section 11. A new TMC Section 9.20.070 is hereby established to read as follows:
9.20.070 Parking large vehicles, trailers and recreational vehicles on City streets
A. Application. This section shall apply to any vehicle Class 5 or greater, trailers
and recreational vehicles.
B. Except as provided for in this section, no person shall park any vehicle Class 5
or greater, trailer or recreational vehicle on any street, alley or public right -of -way in the
cif
C. Exceptions. The parking prohibitions outlined in this section do not apply to
the following:
1. Stopping or parking while in the process of actively loading or unloading
provided that vision and traffic flow are not obstructed.
2. Stopping or parking while actively engaged in a construction or utility
rp olect.
3. Stopping or parking school buses for a period of three hours during the
days and hours when students are in school or during school - related special events,
provided that vision and traffic flow are not obstructed.
4. Stopping or parking recreational vehicles and small trailers in residential
areas as regulated by TMC Section 9.20.090.
5. Stopping or parking authorized emergency vehicles.
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Section 12. A new TMC Section 9.20.080 is hereby established to read as follows:
9.20.080 Parking Class 3 and Class 4 vehicles in residential zones
A. Application. This section shall apply to Class 3 vehicles and Class 4 vehicles.
B. No person shall park any vehicle subject to this section on or along an std
alley or public right -of -way in a residential zoning district of the City: provided that this
restriction shall not apply to pick -up trucks falling within the Class 3 vehicle rating_
C. As used in this section, a street, alley or public right -of -way in a residential
zoning district of the City shall be as defined and described in TMC Chapter 18.08,
including the Low Density Residential (LDR) zone, the Medium Density Residential
(MDR) zone, and the High Density Residential (HDR) zone. Mixed -use zoning districts
shall not constitute a residential zoning district of the City for the purposes hereof. In
order for a street, alley or public right -of -way to be considered in a residential zoning
district of the City, the property on both sides of the roadway shall be zoned LDR, MDR,
and /or HDR.
D. Exceptions. The parking prohibitions outlined in this section do not apply to
the following:
1. Pick -up trucks falling within the Class 3 vehicle rating.
2. Stopping or parking recreational vehicles in residential areas as regulated
by TMC Section 9.20.090.
Section 13. A new TMC Section 9.20.090 is hereby established to read as follows:
9.20.090 Recreational vehicle and trailer parking in residential zones
A. Application. This section shall apply to parking recreational vehicles and small
trailers on City streets in residential zones.
B. Recreational vehicles and small trailers may be parked on any City street, alley
or public right -of -way in any residential zone in the City for a period of up to 24 hours.
C. Recreational vehicles may be stored or parked on private property as specified
in TMC Chapter 8.25.
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Section 14. TMC Section 9.20. 100 is reenacted to read as follows:
9.20.100 Unsafe parking
No person shall stop, park, leave standing, or store any vehicle, whether attended or
unattended, on any street or highway within the City, where such vehicle obstructs
visibility or sight distance in such a manner as to jeopardize public safety. SUGh parking
vehiGle in the same manner as pirp-�.f.Lderdl in TMG Chapter 9.20. The of 6u
Section 15. TMC Section 9.20.110 is reenacted to read as follows:
9.20.110 Controls— enforcement
A. The Public Works Department or designee is authorized to place and maintain
traffic control devices, including signs indicating parking restrictions, as deemed
necessary to regulate, warn, or guide traffic under any parking or travel on roadways,
highways and intersections in the City.
B. For the purpose of issuing infractions under TMC Chapter 9.20, the Chief of
Police may designate other individuals, including individuals not commissioned as
police officers, to enforce TMC Chapter 9.20 and to issue citations to violators as
provided therein.
Section 16. TMC Section 9.20.120 is reenacted to read as follows:
9.20.120 Penalties and impound procedures
A. Violations of the provisions of TMC Chapter 9.20 are sparking_ infractions
punishable by monetary penalties of not more than $300 and /or impoundment.
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B. Impound Authorized. Anv vehicle parked on anv Citv riaht- of -wav or Cit
owned, leased or operated property in violation of TMC Chapter 9.20 is subiect to
citation by a law enforcement officer and /or impoundment in accordance with this
chapter by the law enforcement officer or a public official having jurisdiction over the
right -of -way or property upon which the vehicle is located.
C. Immediate Impound. Vehicles parked in violation of TMC Chapter 9.20 are
subiect to immediate impound under the following circumstances:
1. When the vehicle is impeding the normal flow of vehicular or pedestrian
traffic;
2. When the vehicle is parked in violation of a parking restriction sign or when
the vehicle is interfering, or is likely to interfere, with the intended use of the restricted
parking zone; or
3. When the vehicle poses an immediate danger to public safety.
D. Other Impound. A vehicle not subject to immediate impoundment under TMC
Section 9.20.120.13 may be impounded for violating any provision of TMC Chapter 9.20.
A notice of impoundment shall be securely attached to, and conspicuously displayed on,
the vehicle for a period of 24 hours prior to impoundment. The notice shall include:
1. The date and time the sticker was attached.
2. The identity of the officer.
3. A statement that if the vehicle is not removed within 24 hours from the time
the sticker is attached, the vehicle may be taken into custody and stored at the owner's
expense.
4. A statement that if the vehicle is not redeemed as provided in RCW
46.55.120 the registered owner will have committed the traffic infraction of littering —
abandoned vehicle.
5. The address and telephone number where additional information may be
obtained.
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E. Post - Impoundment Redemption and Hearing.
1. Not more than 24 hours after impounding a vehicle, the tow operator shall
send by first class mail to the last known registered and legal owners of the vehicle (1) a
notice containing the full particulars of the impoundment, the redemption procedure, and
the opportunity for a hearing to contest the validity of the impoundment pursuant to
RCW 46.55.120, and (2) forms for requesting the hearing. The tow operator also shall
give the notice and forms to any person redeeming the vehicle within the 24 -hour
period.
2. The registered or legal owner of the vehicle may request a hearing in
District Court to contest the validity of the impoundment. The request for a hearing shall
be made on the form provided by the tow operator, and shall be received by the District
Court within 10 days (including Saturdays, Sundays and holidays) of the date on which
the notice and forms were mailed. If the request for such a hearing is not received by
the District Court within the 10 -day period, the right to a hearing shall be deemed
waived and the registered and legal owners shall be liable for any towing, storage and
other charges authorized by Chapter 46.55 RCW.B.
3. The procedures for redemption of an impounded vehicle and for the
hearing to contest the validity of an impoundment shall be in accordance with Chapter
46.55 RCW.
F. Costs. Any costs incurred in the removal and storage of an impounded vehicle
shall be a lien upon the vehicle. All towing and storage charges on that impounded
vehicle shall be paid by the owner or his /her agent if the vehicle is redeemed. Either a
registered or legal owner may claim an impounded vehicle by payment of all charges
that have accrued at the time of reclamation. If the vehicle was impounded at the
direction of a law enforcement agency, the person in possession of the vehicle prior to
the time of reclamation shall notify such agency of the fact that the vehicle has been
claimed, and by whom.
G. The impounding of a vehicle shall not preclude charging the violator with any
violation of the law on account of which such vehicle was impounded.
H. Contract with registered disposer to dispose of vehicles and hulks —
Compliance required.
1. The City may contract with any tow truck operator who is engaged in
removing and storing of vehicles and who is registered as a registered disposer of
certain automobile hulks abandoned iunk motor vehicles and abandoned vehicles.
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2. Any registered disposer under contract to the City for the removing and
storing of vehicles or hulks shall comply with all applicable laws, ordinances and
regulations, including Chapter 46.55 RCW and the administrative regulations relative to
the handling and disposing of vehicles or hulks as may be promulgated by the Police
Chief or the Director of the Washington State Department of Licensing.
Section 17. TMC Section 8.28.070 Amended. Ordinance No. 2396 §2, as codified
at TMC Section 8.28.070, is hereby amended to read as follows:
8.28.070 Occupying Recreational Vehicles as Dwelling Units
A. Definitions.
1. "Recreational Vehicle" means travel trailer, motorhome, fifth -wheel trailer,
or the— tike— similar vehicles used for temporary accommodations while traveling.
"Recreational vehicles" also includes boats, personal watercraft, snowmobiles and the
like.
2. "Occupied as a dwelling unit" means used for sleeping, cooking, eating or
bathing for longer than two weeks in any six -month period.
B. Recreational vehicles may not be occupied as a dwelling unit in any zone,
except when parked in a licensed mobile home park.
as speGified in TEAG Chapter 8.2457
ID. IItiS URlavAul to park Gr stE)re FeGreational vchiGles on the
Section 18. TMC Section 9.28.037 Amended. Ordinance No. 2324 §11, as
codified at TMC Section 9.28.037, is hereby amended to read as follows:
9.28.037 Electric Vehicle Parking
The following regulations apply to enforcement of non - electric vehicles that park in
electric vehicle charging station spaces and for electric vehicles parked out of
compliance with posted days and hours of charging operation. These regulations are
applicable for electric vehicle charging station spaces that are publicly accessible (e.g.,
on- street parking, municipal garages, park- and -ride lots, shopping centers etc.).
Signage regulations for enforcement are included in Title 18, Chapter 18.56, "Off- Street
Parking and Loading Regulations."
1. Electric vehicle charging stations are reserved for parking and charging
electric vehicles only.
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2. Electric vehicles may be parked in any space designated for public parking
subject to the restrictions that would apply to any other vehicle that would park in that
space.
3. When a sign authorized under TMC Chapter 18.56 provides notice that a
space is a designated electric vehicle charging station, no person shall park or stand
any non - electric vehicle in a designated electric vehicle charging station space. Any
non - electric vehicle is subject to fine or removal.
4. Any electric vehicle in a designated electric vehicle charging station space
and not electrically charging, or parked beyond the days and hours designated on
regulatory signs posted at or near the space, shall be subject to a fine and /or removal.
For purposes of this subsection, "charging" means an electric vehicle is parked at an
electric vehicle charging station and is connected to the charging station equipment.
5. Upon adoption by the City of Tukwila, the City Engineer shall cause
appropriate signs and marking to be placed in and around electric vehicle charging
station spaces, indicating prominently thereon the parking regulations. The signs shall
define time limits and hours of operation, as applicable, and shall state that the parking
space is reserved for charging electric vehicles and that an electric vehicle may only
park in the space for charging purposes. Violators are subject to a fine and /or removal
of their vehicle.
6. Violations of this section shall be punishable as infractions. Punishment
shall be by a fine not to exceed the fine prescribed in accordance with TMC Section
9.28.040. Each day such violation is committed shall constitute a separate offense and
shall be punishable as such. Any commissioned police officer or Tukwila Police
Department volunteer authorized by the Police Chief or other designated law official in
the manner and subject to the requirements of TMC Section 9.20.12089 is authorized
to issue electric vehicle parking infractions.
7. In addition to a fine, a vehicle left parked or standing in violation of TMC
Section 9.28.037, upon a publicly accessible electric vehicle charging space that is
appropriately marked and posted, is subject to being removed from the charging space
by any commissioned police officer or Tukwila Police Department volunteer authorized
by the Police Chief or other designated law official in the manner and subject to the
requirements of TMC Section 9.20.1200 -90.
Section 19. TMC Section 9.28.040 Amended. Ordinance No. 1794 §1 (part), as
codified at TMC Section 9.28.040, is hereby amended to read as follows:
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9.28.040 Penalty
With the exception of TMC Section 9.28.037, Vviolation of any of the provisions of this
chapter constitutes a civil infraction not to exceed $200 per day per violation. Violation
of TMC Section 9.28.037 constitutes a parking infraction punishable by monetary
penalties of not more than $300 and /or impoundment.
Section 20. TMC Section 9.32.020 Amended. Ordinance Nos. 1502 §3 and 1370
§1 (part), as codified at TMC Section 9.32.020, are hereby amended to read as follows:
9.32.020 Authority to impound vehicles on the highway
Members of the Police Department are authorized to remove and impound vehicles
found on the highway, by means of towing or otherwise, to the nearest garage or other
place of safety or to a garage designated or maintained by the Police Department or
otherwise maintained by the City, under any of the following circumstances:
1. When any vehicle is left unattended upon any bridge, viaduct, or
causeway, or in any tunnel where such vehicle constitutes an obstruction to traffic;
2. When any vehicle upon a highway, including tunnels, bridges or
approaches, is so disabled as to constitute an obstruction to traffic or when the person
or persons in charge of the vehicle are incapacitated to such an extent as to be unable
to provide for its custody or removal and there is no other person present who may
properly act as agent for such operator in the care of his vehicle;
3. When any vehicle is left unattended upon a highway and is so parked
illegally as to constitute a hazard or obstruction to the normal movement of traffic;
4. When any vehicle operating on a highway is found to be defective in
equipment in such a manner that it may be considered unsafe;
5. When any vehicle is found in a tow -away zone;
6. When the operator of any vehicle is arrested and placed in custody and is
not in condition to drive, and the vehicle is not in a place of safety and there is no other
person present who may properly act as agent for such operator to drive the vehicle to a
place of safety; and
7. When any abandoned vehicle or abandoned junk motor vehicle is found on
a highway_; and
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Section 21. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 22. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 23. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2015.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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