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Home My WebLink AboutCOW 2015-12-14 Item 3G - Ordinance - Parking Regulations Within the CityCOUNCIL AGENDA SYNOPSIS 1 nitials Meetin Date Prepared by Mayor's review Council rei iew 10/26/15 LH CAM ® Ordinance Mtg Date 12114115 11/02/15 LH ❑ Other L1tR Date t� 12/14/15 LH RECOMMENDATIONS: SPONSOR /ADAQIN. Forward to C.O.W. COmml - T"' Unanimous Approval; Forward to C.O.W. as amended COST IMPACT / FUND SOURCE EXPI NDITLnZE RFQLIIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/26/15 ITEM INFORMATION ITEM NO. 3.G. STnrF SPONSOR: LAUREL HUMPHREY 10/26/15 AC,ENDlA ITI:m Trrl.j An ordinance updating parking regulations in Tukwila. Cxn1 "GORY ® Discussion Mtg Date 12114115 ❑ Motion 11tg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 12114115 ❑ Bides w6wl Mtq Dale ❑ Public Hearing Mtg Date ❑ Other L1tR Date SPONSOR ® Council ❑ Mayor ❑ HR ❑ DCD ❑ finance ❑ Fire ❑ IT ❑ P &R ❑ Police ❑ PIV SPONSORS This draft ordinance proposes to re -enact Tukwila Municipal Code Chapter 9.20, Parking Summ!\RY 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 in the attached memo. Rh.VIIWF3D F3Y Fj COW Mtg. ® CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/12, 11/9, 11/23 COMMIT lEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR /ADAQIN. Forward to C.O.W. COmml - T"' Unanimous Approval; Forward to C.O.W. as amended COST IMPACT / FUND SOURCE EXPI NDITLnZE RFQLIIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/26/15 Referred back to Community Affairs and Parks Committee 12/14/15 MTG. DATE ATTACHMENTS 10/26/15 Informational Memorandum dated 10/29/15 12/14/15 Chart of vehicle types by weight class Draft ordinance Minutes from the Community Affairs and Parks Committee meeting of 10/12/15 Minutes from the Community Affairs and Parks Committee meeting of 11/9/15 Minutes from the Community Affairs and Parks Committee meeting of 11/23/15 100 City of Tukwila Jim Haggerton, Mayor 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 and November 9 CAP meeting) SUBJECT: Parking Regulations ISSUE 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. On November 9 the Committee requested that Section 7 TMC 9.20.030(B). be amended to change the reference from 24 hours to 6 hours making the provision consistent with the proposed TMC 9.20.030(A) just above. 101 INFORMATIONAL MEMO Page 2 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. 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: "Reparking 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. On November 9 the Committee decided to leave the language in the draft as written. 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. 102 INFORMATIONAL MEMO Page 3 Public Notice On November 9, the Committee requested the ordinance return with additional information about tying sufficient public notice of the proposed changes to the ordinance's effective date. Staff recommends the following options for public notice and is seeking Committee input: 1. Committee of the Whole discussion on December 14, 2015 (meeting agendas are distributed to a list of interested parties and Council meetings are televised) 2. Article in the E-Hazelnut distributed on December 21, 2015 3. Article on City website 4-4. Article in the Tukwila Reporter published on January 20, 2016 The publication deadline for the December Tukwila Reporter is December 4, and an article would not reflect input given by the December 14 Committee of the Whole. Staff's recommendation is not to alter the ordinance effective date, which is subject to certain legal requirements, but instead to schedule final Council action for a date following sufficient public notice. The next Regular Meeting following the January publication of the Tukwila Reporter is February 1, 2016, Alternately, the Committee of the Whole may choose to schedule final action in January with public notice of the approved changes to follow. FINANCIAL IMPACT None. RECOMMENDATION Committee consideration of the draft ordinance with a recommendation to the Committee of the Whole on December 1472015. ATTACHMENTS Chart of Vehicle Types by Weight Class Draft ordinance 103 104 Alternative Fuels Data Center: Maps . Data Types of Vehicles by Weight Class • • E A Full Size Pickup Mini Pickup Minivan SUV Utility Van Btw 6rm �0 "��}{� grr #y cry No O O Heavy Semi Tractor Refrigerated Van Semi Sleeper Tour Bus CreW SiZL Pickup FLJ Size Pickup Mini BLIS Minivan Step Van Utility Van o MOO City Delivery Mini Bus Walk In 1&0 wo A% M City Delivery Ccnventional Van Landscape Utility Large Walk In Ea NVEENFO% 10' a Bucket City Delivery Large Walk In ■1 A=Q .. Mediurr Serin Tractor Refuse low • SS . u'dl i y ,;TM"?f dl�"�i✓4P@iw u`� it,m f �`�ryy�a�' "� yak "J$ly1'r.�'ir v�Ir�Irf 4�33k71I4�Srlbrr t��7 t m{ g�)f� t 34 "5 .�d t,. �. ,�r ha�U �C1X N 7 i "'WIo 4L., • -.. !,. Cement Mixer Dump Fire Truck Fuel littp://www.afdc.energy.gov/data/103 eo-VE Q No O O Heavy Semi Tractor Refrigerated Van Semi Sleeper Tour Bus This chart shows typical vehicle types found in the Federal Highway Administration (FHWA) vehicle classes. For more information about vehicle categories see Vehicle Weight Classes an Categories (/data/tab /alVdata set/10380) of l 10/6/2015 3:32 P1 105 106 NOTE: This version reflects one revision (on page 4 and shown in shaded text), which was made after this ordinance was reviewed at the 10 -26 -15 C.O.W. meeting (as requested at the 11 -9 -15 Committee meeting). 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. W: Word Processing \Ordinances \Parking regulations updated 12- 9- 15.doc AM&bjs Page 1 of 15 107 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: 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 rating of 6,000 pounds or less as indicated in official state records. See Figure 9 -2. 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. See Figure 9 -2. 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. See Figure 9 -2. 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. See Figure 9 -2. 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. See Figure 9 -2. W: Word Processing \Ordinances \Parking regulations updated 12- 9- 15.doc AMS:bjs Page 2 of 15 i 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. See Figure 9 -2. 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. See Figure 9 -2. 8. "Class 8 Vehicle" means vehicles with a gross vehicle weight rating of 33,001 pounds or more as indicated in official state records. See Figure 9 -2. 9. "Pick -u,n Truck" means a motor vehicle desianed. 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: 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 2-4 6 hours or more without authority or permission is a nuisance. SUGh RuisanGe may be summarily abated rn�vaiia�n9 -'he VehrrGle i —;n *ho came manner in TMG 9.20.000 The impounding Of such a vehiGle shall not prevent co). as prev I W: Word Processing \Ordinances \Parking regulations updated 12- 9- 15.doc AMS:bjs Page 3 of 15 109 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 24-6 hours, without lawful permission or authority shall be cited with a narking infranfirn by the Chief of PeliGe or his designee and shall be subject to impound in the same manner as provided in TIVIC 9.20.090. Any vehiGle left in a park, and not in a parking stall, shall Ghe ruited with a parking iRfraGtion by the Chief of PGIOGe or his designee an .4 sL4bjeGt tO immediate impounding in the same manner as provided On TMG 9.20.090. Section 8. TMC Section 9.20.040 is reenacted to read as follows: 9.20.040 Parking for certain maintenance purposes prohibited No person shall park a vehicle upon any roadway for the principal purpose of Displaying SUGh vehiGle for sale or for advertising services for vehiGles. 2. Gre-a-sing 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 72 hours. SUGh parking may be summarily abated by !SSU!Rg _- notice of infFaGtien and/or by the vehicle in the same manner as provided In TIVIC 9.20.090.- Provided, 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 iMPGLARdiRg Of SU vehiGle shall not prevent or preGlude the institution and preseGUtion of GhaFges in the M,An.i. ipal 2A,,rf Ar ol�oWhoro frr yiAln +inn rf this confirm 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 pel;ceGriGer or hi signee shall Gite any vehicle left on a street for a time ever the posted limit for parking, withGUt lawful peer TIVIC 9.20.090. W: Word Processing \Ordinances \Parking regulations updated 12- 9- 15.doc AMS:bjs Page 4 of 15 110 I3C. 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 Nall. 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: 1 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 parkir4g -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. W: Word Processing \Ordinances \Parking regulations updated 12- 9- 15.doc AMS:bjs Page 5 of 15 111 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 project. 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. 2. Residential area means any 6stFiGt whiGh is zoned LDR, MDR, or HDR by the City. ._ NIX W: Word Processing \Ordinances \Parking regulations updated 12- 9- 15.doc AMS:bjs Page 6 of 15 112 1 . While loading OF unloading, providing that the vision of traffiG is not obStrUGted. Further, for purposes of this SeGtiC)R, only a reasonable amount of time s be allowed for loading and unloading, the amount of wNGh time is te be determined aGGerding to the nature and extent of the leading and unloading operation. 2. When neGessary to avoid Genf!iGt with other traffiG, in with la�ni�w oor the rliro`+tinn of a noano nffinor or o tra#in_nnnt��_��FOI devi_ 3 In order to ''make oleo rand 11i�'I9emorggonnv repairs. 4.fc�iiiii erGii l vehide are allowed icrPark On e private the driveway of the (a) No more than one � �n�OMmeFGi_�.��a,l yeh_�_ ide is alto need to Abe` par ked /h1 Cc)m .e FGmai vehiGI :S shall -1'tot intrude into sidewalks, ped paths, or pubImG rights of (G) COMMeMial vehiGles shall be maintained in a Glean, well kept state la—e of the surrounding area. (d) Commel'Gial vehides shall not be allowed on parking lots of apartments-, Gondominiums, or other living arrangements other than a single family horn (e) Trailers normally used as part of a traGteF trailer GOmbination shall not e and shall not obStFUGt sight visibility from adjaGent driveways. he allowed to nark in residential areas, a� reus (� GemmeFdal vehiGIes shall not be parked in residential areas eXGept e-n the normal driveway of the vehide operator's house. 5. Utility truGks GWRed by a pubk or quasi publiG agenGy when the drivers are- required by their employment to engage in DubImG works or repav-s, 6. Tukw*la sGheol diStFiGt buses for a peried of three hours during the days tFaffiG fleW or We& sight distanGe on the read or from driveways. W: Word Processing \Ordinances \Parking regulations updated 12- 9- 15.doc AMS:bjs Page 7 of 15 113 Section 12. A new TIVIC 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 any street, 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 TIVIC 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 TIVIC Section 9.20.090. Section 13. A new TIVIC 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 TIVIC Chapter 8.25. W: Word Processing\Ordinances\Parking regulations updated 12-9-15.doc AMS:bjs Page 8 of 15 114 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. such -fig may be summarily abated by issuing a notice Of iRfraGtion andior by vehiGle OR the same rnaRRer as provided in TMC Chapter 9.20. The impoundi-g. Of SUGh vehiGle shall net prevent or preclude the institutien and PFGSeGut"oR of GhaFges in the nAa.iaRi.rir��_p.al_oou;t or for yielatiOR of this se8ti ^r. 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 c+v4- parking infractions punishable by monetary penalties of not more than $300 and /or impoundment. 1 f • • • . • • . • • . r 0 .. . r r • � u . r • � • . � • - — - r r - a r r • - • • r .• — —• ..� a• . N.Y. -• -a r -a . . . a • .. - . r • - . r . . . - W: Word Processing \Ordinances \Parking regulations updated 12- 9- 15.doc AMS:bjs Page 9 of 15 115 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 subject 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 iurisdiction 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 followina 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 9.20.120.8 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. W. Word Processing \Ordinances \Parking regulations updated 12- 9- 15.doc AMS:bjs Page 10 of 15 116 • • • r •• • . • . • . • •• 1 STM • • • • . . • ■ .. r..• . • Q • • r .. r. r MV- •• • • r • • r. r • r u • • . u. �. • . ••. •• • • •. r 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 subject 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 iurisdiction 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 followina 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 9.20.120.8 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. W. Word Processing \Ordinances \Parking regulations updated 12- 9- 15.doc AMS:bjs Page 10 of 15 116 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 aive the notice and forms to anv Berson 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 junk motor vehicles and abandoned vehicles. W: Word Processing \Ordinances \Parking regulations updated 12- 9- 15.doc AMS:bjs Page 11 of 15 117 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: 1 8.28.070 Occupying Recreational Vehicles as Dwelling Units A. Definitions. 1. "Recreational Vehicle" means travel trailer, motorhome, fifth -wheel trailer, or the like 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. 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. W: Word Processing \Ordinances \Parking regulations updated 12- 9- 15.doc AMS:bjs Page 12 of 15 118 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 9.20.120898 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 9.20.120898. 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: W: Word Processing \Ordinances \Parking regulations updated 12- 9- 15.doc AMS:bjs Page 13 of 15 119 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 benalties 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 W... -T-Q M .. . _ . • • • W: Word Processing \Ordinances \Parking regulations updated 12- 9- 15.doc AMS:bjs Page 14 of 15 120 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 Rachel B. Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances \Parking regulations updated 12- 9- 15.doc AMS:bjs Page 15 of 15 121 122 4 City Of Tuhwil Community Affairs and Parks Committ _24t- COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes October 12, 2015 - 5:30 p.m. - Hazelnut Conference Room PRESENT Councilmembers: Verna Seal, Chair; Dennis Robertson, Kate Kruller (Absent: Allan Ekberg) Staff: David Cline, Jack Pace, Kathy Stetson, Bob Giberson, Laurel Humphrey CALL TO ORDER: Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Ordinance: Vehicle Parking on Residential Properties Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code 8.2.5.020, Parking Limitations, to establish a limit on the number of vehicles allowed to be parked on a single family residential property. Currently there is no limit, although the code does require that all vehicles be parked on approved durable uniform surfaces to a maximum of 12,000 feet or 10% of the lot surface, whichever is greater. The proposal would exempt motorcycles and mopeds, and include RVs, boats and trailers. Committee members agreed that the purpose for this regulation would be to improve the look of neighborhoods, and that it makes sense to establish a limit as many other cities in King County have done. Following discussion and clarifying questions, the Committee decided to recommend a limit of six vehicles on residential properties for Committee of the Whole consideration. Additional language addressing different standards for certain acreage, a provision that the prohibition would only apply to those vehicles visible from the street, and a correlation to the number of licensed drivers in a household were also discussed. The Committee did not recommend those items at this time. The Committee also spoke to a concern that this limitation would push more vehicles out to City streets. The Council may wish to discuss a permit program in the future. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 26, 2015 COMMITTEE OF THE WHOLE. B. Ordinance: Parking Regulations Staff is seeking Council approval of an ordinance that would reenact Tukwila Municipal Code Chapter 9.20, Parking Regulations, and amend certain other sections accordingly. While draft legislation was being developed to address commercial vehicle parking, other parking - related items were identified for an update, and this ordinance captures several proposed amendments to parking - related code as outlined in the informational memo. Committee members asked clarifying questions and expressed support for the draft ordinance as presented. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 26, 2015 COMMITTEE OF THE WHOLE. Meeting adjourned at 6:09 p.m Next meeting: Monday, October 26, 2015 c. tih; - Committee Chair Approval Minutes by LH 123 124 City Of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes November 9, 2015 — 5:30 p.m. — Hazelnut Conference Room PRESENT Councilmembers: Verna Seal, Chair; Dennis Robertson, Allan Ekberg Staff: David Cline, Jack Pace, Bob Giberson, Mike Cusick, Derek Speck, Joyce Trantina, Kathy Stetson, Laurel Humphrey Guests: Deb Twersky, 4Culture; David Puki, Resident; Steve Mullet, Resident; Akeyla Jimerson CALL TO ORDER: Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Ordinance: Parking Regulations Staff is seeking Council approval of an ordinance that would reenact Tukwila Municipal Code Chapter 9.20, Parking Regulations, and amend certain other sections accordingly. While draft legislation was being developed to address commercial vehicle parking, other parking - related items were identified for an update, and this ordinance captures several proposed amendments to parking- related code as outlined in the informational memo. The draft ordinance passed out of Committee on October 12 with a recommendation of approval, then was referred back to CAP by the Committee of the Whole on October 26, which asked for additional committee discussion on the question of recreational vehicles parked on right of way in residential zones. Currently disallowed, this draft ordinance would allow them up to 24 hours. The Committee discussed this and did not recommend a change to this proposal. The Committee asked staff to return with the following: Additional information about sufficient public notice tied to the ordinance's effective date. An amendment to Section 7, pertaining to "Municipal Parks and Trails," to change the reference to 24 hours to 6 hours, making it consistent with the section just above. RETURN TO COMMITTEE. B. Ordinance: Vehicle Parking on Residential Properties Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code 8.2.5.020, Parking Limitations, to establish a limit of six on the number of vehicles allowed to be parked on a single family residential property. Currently there is no limit, although the code does require that all vehicles be parked on approved durable uniform surfaces to a maximum of 12,000 feet or 10% of the lot surface, whichever is greater. The proposal would exempt motorcycles and mopeds, and include RVs, boats and trailers. Following public comment received on October 19, the Council President and Committee Chair requested the item return to Committee for additional discussion. 125 126 City Of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes November 23, 2015 — 5:30 p.m. — Hazelnut Conference Room PRESENT Councilmembers: Verna Seal, Chair; Dennis Robertson, Allan Ekberg Staff: David Cline, Jack Pace, Nora Gierloff, Brenda Holt, Kathy Stetson, Laurel Humphrey CALL TO ORDER: Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Trakit Citizen Response Module Staff provided an update on the status of eTrakit functionality. Permit review staff across DCD, PW and Fire are using the Trakit system to accept, review and issue permits. eTrakit is an online module that will be accessible to the public and allow users to search permit and code enforcement activity as well as report general issues online. Before going live with this module, staff is working to resolve issues with the citywide address database as well as the recent purchase of Trakit by Sungard. Staff demonstrated the software for the Committee onscreen. INFORMATION ONLY. B. Ordinance: Parking Regulations Staff is seeking Council approval of an ordinance that would reenact Tukwila Municipal Code Chapter 9.20, Parking Regulations, and amend certain other sections accordingly. In response to committee direction on November 9, staff returned with an amendment to Section 7 and a proposal for public notice. • Section 7, reenacting TMC 9.20.030 (B) is amended to change the time period from 24 to 6 hours to make consistent with other city property referenced in 9.20.030 (A). • Staff proposes the publication of articles in the December Tukwila Reporter, E- Hazelnut, and City website. Final action on the ordinance could be scheduled either after these publications (February 1, 2016) or before (January 2016). The Committee supported the amendment and the communications plan but did not make a recommendation on the schedule for final action. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 14, 2015 COMMITTEE OF THE WHOLE. C. Ordinance: Vehicle Parking on Residential Properties Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code 8.2.5.020, Parking Limitations, to establish a limit on the number of vehicles allowed to be parked on a single family residential property. In response to committee direction on November 9, staff returned with an amendment that would impose a limit of 6 only to residential properties under 13,000 square feet. It also adds an exception for periods under 48 hours to accommodate short term gatherings or visitors. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 14, 2015 COMMITTEE OF THE WHOLE.. Meeting adjourned at 6:09 p.m Next meeting: Monday, December 14, 2015 Committee Chair Approval 127