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HomeMy WebLinkAboutOrd 1173 - Parking Prohibition in Access Symbol Spaces (Handicapped Parking)CITY OF TUKWILA WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new provision is hereby added to Chapter 9.56 of the Tukwila Municipal Code to read as follows: No person shall park, or cause to be parked, a vehicle in a parking space marked with, or indicated by, the International Symbol of Access described in Chapter 70.92.120 of the Revised Code of the State of Washing- ton, as may be amended, or a reasonable facsimile thereof in contrasting colors, unless both of the following condi- tions are satisfied. A p. roved as to WASHINGTON ORDINANCE NO. /173 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, PROHIBITING PARKING IN PARKING SPACES MARKED WITH THE INTERNATIONAL SYMBOL OF ACCESS AND REPEALING ORDINANCE NO. 1165. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, (1) The person has lost both of his lower extremities, or has lost the normal or full use thereof, or is so severely disabled as to be unable to move without the aid of crutches or a wheelchair; and (2) A decal issued to the owner of the vehicle pursuant to the provisions of RCW 46.16.380 is affixed to the vehicle in a conspicuous place, or if the vehicle has a license plate issued to a disabled person. Section 2. Ordinance No. 1165 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this day of 1980. 0 C ty Attorney, Lawrence E. Hard Published Record Chronicle July 25, 1980 Mayor fro te J. Sau ATTEST: ar ce-e714-j Chapter ''70.92 Tit RCW: Public Health and Safety Chapter 70.92 PROVISIONS IN BUILDINGS FOR AGED AND HANDICAPPED PERSONS (Formerly: Public buildingc Provision for aged and handicapped) Sections 70.92.100 70.92.110 Legislative intent. Buildings and structures to which standards and spec- ifications appl; Exemptions. 70.92.120 Handicap symbol Display —Signs showing lo- cation of entrance for handicapped. 70.92.130 Definitions. 70.92.140 Minimum standards for facilities Adoption Facilities to be included. 70.92.150 Standards adopted by other states to be consid- ered— Majority vote. 70.92.160 Waiver from compliance with standards. American national standard specifications for making buildings and facilities accessible to and usable by handicapped persons: RCW 19.27.030(5). 70.92.100 Legislative intent. It is the intent of the legislature that, notwithstanding any law to the contrary, plans and specifications for the erection of buildings through the use of public or private funds shall make special provisions for elderly or physically disabled per- sons. [1975 1st ex.s. c 110 1.] 70.92.110 Buildings and structures to which stand- ards and specifications apply Exemptions. The standards and specifications adopted under this chapter shall, as provided in this section, apply to buildings, structures, or portions thereof used primarily for group A through group H occupancies, as defined in the Washington state building code. All such buildings, structures, or portions thereof, which are constructed, substantially remodeled, or substantially rehabilitated after July 1, 1976, shall conform to the standards and specifications adopted under this chapter: Provided, That the following buildings, structures, or portions thereof shall be exempt from this chapter: (1) Buildings, structures, or portions thereof for which construction contracts have been awarded prior to July 1, 1976; (2) Any building, structure, or portion thereof in re- spect to which the administrative authority deems, after considering all circumstances applying thereto, that full compliance is impracticable: Provided, That, such a de- termination shall be made no later than at the time of issuance of the building permit for the construction, re- modeling, or rehabilitation: Provided further, That the board of appeals provided for in section 204 of the Uni- form Building Code shall have jurisdiction to hear and decide appeals from any decision by the administrative authority regarding a waiver or failure to grant a waiver from compliance with the standards adopted pursuant to RCW 70.92.100 through 70.92.160. The provisions of the Uniform Building Code regarding the appeals pro- cess shall govern the appeals herein; (3) Any building or structure used solely for dwelling purposes and which contains not more than two dwelling units; (4) Any building or structure not used primarily for group A through group H occupancies as set forth in the Washington state building code; or [title 70 RCW (1979 Ed.) —p 104] (5) Apartment houses with ten or fewer units. [1975 1st ex.s. c 110 2.] 70.92.120 Handicap symbol Display Signs showing location of entrance for handicapped. All build- ings built in accordance with the standards and specifi- cations provided for in this chapter, and containing facilities that are in compliance therewith, shall display the following symbol which is known as the international symbol of access. Such symbol shall be white on a blue background and shall indicate the location of facilities designed for the physically disabled or elderly. When a building contains an entrance other than the main entrance which is ramped or level for use by physically disabled or elderly persons, a sign with the symbol showing its location shall be posted at or near the main entrance which shall be visible from the adjacent public sidewalk or way. [1975 1st ex.s. c 110 3.] 70.92.130 Definitions. As used in this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise: (1) "Administrative authority" means the building department of each county, city, or town of this state; (2) "Substantially remodeled or substantially rehabil- itated" means any alteration or restoration of a building or structure within any twelve —month period, the cost of which exceeds sixty percent of the currently appraised value of the particular building or structure; (3) "Council" means the state building code advisory council. 1975 1st ex.s. c 110 4.] 70.92.140 Minimum standards for facilities Adoption Facilities to be included. The state building code advisory council shall adopt minimum standards by radio amateur operator who holds a special call letter li- cense plate as issued under the provisions of RCW 46- .16.320 through 46.16.350, and who has allowed his federal communications commission license to expire, or has had it revoked, must notify the director in writing within thirty days and surrender his call letter license plate. Failure to do so will constitute a gross misde- meanor. [1967 c 32 24; 1961 c 12 46.16.350. Prior: 1957 c 145 4.] 46.16.350 License plates for amateur radio operat- ors Duties of holder when radio license expires or is revoked Penalty. (Effective July 1, 1980.) Any radio amateur operator who holds a special call letter license plate as issued under the provisions of RCW 46.16.320 through 46.16.350, and who has allowed his federal communications commission license to expire, or has had it revoked, must notify the director in writing within thirty days and surrender his call letter license plate. Failure to do so is a traffic infraction. [1979 1st ex.s. c 136 49; 1967 c 32 24; 1961 c 12 46.16.350. Prior: 1957 c 145 4.] Effective date—Seversbilit 1979 1st exs. c 136: See notes following RCW 46.63.010. 46.16.370 Special plates for official representatives of foreign governments United States citizenship re- quired. (1) Every consul or other official representative of any foreign government who is a citizen of the United States of America, duly licensed and holding an exequa- tur issued by the department of state of the United States of America is entitled to apply to the director for, and upon satisfactory showing, to receive, in Lieu of the regular motor vehicle license plates, such special plates of a distinguishing color and running in a separate nu- merical series, as the director shall prescribe. In addition to paying all other initial fees required by law there shall be collected from each applicant for such special License plates an additional license fee of twenty —five dollars upon the issue of such plates which fee shall not apply for those years in which tabs are issued. Application for renewal of such license plates must be made by January 10th of each renewal year and all such applications shall be accompanied by a notarized statement of such facts as the director shall deem necessary for issuance thereof. (2) Whenever such owner or lessee as provided in subsection (1) hereof transfers or assigns his interest or title in the motor vehicle to which the special plates were attached, such plates shall be removed from the motor vehicle and if another vehicle is acquired, attached thereto, and the director shall be immediately notified of such transfer of plates; otherwise the removed plates shall be immediately forwarded to the director to be re- issued upon payment of the regular license fee. When- ever such owner or lessee as provided in subsection (1) hereof shall for any reason be relieved of his duties as such consul or official representative of a foreign gov- ernment he shall immediately forward the special plates to the director who shall upon receipt thereof provide such plates as are otherwise provided by law. 1967 c 32 25; 1961 c 201 1.] Vehicle Licenses 46.16.380 46.16.380 License plates, cards, and decals for cer- tain disabled person;, Qualification; Transfer of vehicle Fees Ruler Violations, penalties and defense (as amended and reenacted by 1979 1st ex.s. c 192). (Effective July 1, 1980.) Any person who submits satisfactory proof to the director that he or she has lost both of his or her lower extremities, or has lost the nor- mal or full use thereof, or is so severely disabled as to be unable to move without the aid of crutches or a wheel- chair, or has lost both hands, or who suffers from lung disease to such an extent that forced expiratory respira- tory volume, when measured by spirometry, is less than one liter per second, shall be entitled to receive a special card to be Left in a vehicle in a conspicuous place, bear- ing distinguishing marks, letters, or numerals indicating that the vehicle is being used to transport such a dis- abled person. Such a disabled person shall also be enti- tled to receive for one motor vehicle only, a special decal to be affixed to the vehicle in a conspicuous place desig- nated by the director, bearing distinguishing marks, let- ters, or numerals indicating that the vehicle is owned by or primarily used for such a disabled person. The dis- abled person is also entitled to receive, in lieu of the de- cal and regular motor vehicle license plates, special license plates bearing distinguishing marks, letters, or numerals indicating that the vehicle is owned by such a disabled person. Vehicles displaying the special license plate, card, or decal shall be entitled to use parking places otherwise reserved for physically disabled persons pursuant to chapter 70.92 RCW, or authority imple- mental thereof. Whenever the disabled person transfers or assigns his or her interest in the vehicle, the special decals or license plates shall be removed from the motor vehicle. Such person shall immediately surrender the de- cal to the director together with a notice of the transfer of interest in such vehicle. If another vehicle is acquired by, or for the primary use of, the disabled person, a new decal shall be issued by the director. Application for re- newal, except for the permanently disabled who shall be issued a permanent card, must be made by January 10th of each renewal year together with satisfactory proof of the right to continued use of such special card and decal. If another vehicle is acquired by the disabled person and special plates are used, they shall be attached to the ve- hicle, and the director shall be immediately notified of the transfer of plates. If another vehicle is not acquired by the disabled person, the removed plates shall be im- mediately forwarded to the director to be reissued later upon payment of the regular registration fee. The special license plates shall be renewed in the same manner and at the time required for the renewal of reg- ular motor vehicle license plates under this chapter. No special license plate may be issued to a person who is temporarily disabled. A person who is permanently dis- abled under this section shall be issued a permanent card. A person who is temporarily disabled under this section shall be issued a temporary card which shall be renewed, at such times as the director may require, by satisfactory proof of the right to continued use of the card. No additional fees shall be charged for the issuance of the special card and decal, and, at the time the vehicle is (Title 46 RCW (1979 Ed.) —p 49J 44,16.38'0 originally licensed in this state, no additional fee may be charged for the issuance of the special license plates ex- cept the regular motor vehicle registration fee and any other fees and taxes required to be paid upon initial reg- istration of a motor vehicle. On July 1, 1980, any dis- abled person who is entitled to receive a special license plate under this section and who has valid Washington state license plates for his or her motor vehicle shall be entitled to receive special license plates upon payment of the fee prescribed in RCW 46.16.270 and surrender of the existing plates. The director shall promulgate such rules and regula- tions as he or she deems necessary to carry into effect this section. Any unauthorized use of the special card, the decal, or the special license plate is a traffic infraction. It is a traffic infraction for any person to park a vehi- cle in a parking place reserved for physically disabled persons pursuant to chapter 70.92 RCW, or authority implemental thereof, without a special license plate, card, or decal as in this section provided. A person charged with a violation hereof shall not be determined to have committed an infraction if he produces in court or prior to the court appearance the special license plate, special card, or special decal required hereunder or de- monstrates he was entitled to the same at the time of being ticketed. 1979 1st ex.s. c 192 6. Prior: 1979 1st ex.s. c 136 50; 1979 1st ex.s. c 27 1; 1979 1st ex.s. c 26 1; 1979 1st ex.s. c 7 1; 1975 —'76 2nd ex.s. c 102 1; 1975 1st ex.s. c 297 1; 1967 c 32 26; 1961 c 128 1.1 Reviser's note: The above version of RCW 46.16.380 incorporates the various amendments of that section made by chapters 7, 26, 27, and 136, Laws of 1979 1st ex.s. each without reference to the other. Since 1979 1st ex.s. c 136 had a delayed effective date of July 1, 1980, the above reenactment also carries the same effective date. For rule of construction concerning sections amended more than once at the same session, see RCW 1.12.025. Effective dates Powers and studies Appropriation -1979 1st ex.s. c 192: See notes following RCW 44.40.020. 46.16.380 Cards and decals for certain disabled persons— .Quali- fic atioa. Transfer of vehicle Rules— Penalty (as amended by 1979 1st ex.s. c 7). (Effective until July 1, 1980.) Any person who shall submit satisfactory proof to the director that he or she has lost both of his or her lower extremities, or who has lost the normal or full use thereof, or who is so severely disabled as to be unable to move without the aid of crutches or a wheelchair or who has lost both hands, or who suffers from lung disease to such an extent that forced expir- atory respiratory volume, when measured by spirometry, is less than one liter per second, shall be entitled to receive a special card to be left in a vehicle in a conspicuous place, bearing distinguishing marks, let- ters or numerals indicating that the vehicle is being used to transport such a privileged person. Such a privileged person shall also be entitled to receive for one motor vehicle only, a special decal to be affixed to the vehicle in a conspicuous place designated by the director, bearing distinguishing marks, letters or numerals indicating that the vehicle is owned by or primarily used for such a privileged person. Whenever such owner transfers or assigns his interest in such vehicle, the special decal shall be removed. Such person shall immediately surrender the decal to the director together with a notice of the transfer of interest in such vehicle. If another vehicle is acquired by, or for the primary use of, such person, a new decal shall be issued by the director. Applica- tion for renewal, except for the permanently disabled who shall be is- sued a permanent card, must be made by January 10th of each renewal year together with satisfactory proof of the right to continued use of such special card and decal. No additional fees 'shall be charged (Tide 46 RCW (1979 Ed.) —p 301 • 46 RCW: Motor Vehicles for the issuance of such special card and decal. The director shall pro- mulgate such rules and regulations as he deems necessary to carry into effect this section. Any unauthorized use of such distinguishing card and decal shall constitute a gross misdemeanor. [1979 1st ex.s. c 7 1; 1975 -'76 2nd ex.s. c 102 1; 1975 1st ex.s. c 297 1; 1967 c 32 26; 1961 c 128 1.] 46.16.380 License plates, cards, and decals for certain disabled person: Qualification.: Transfer of vebick Rules—Vio- lations, penalties and defense (as amended by 1979 1st ex.s. c 26). (Effective until July 1, 1980.) Any person who shall submit satisfactory proof to the director that he or she has lost both of his or her lower extremities, or who has lost the normal or full use thereof, or who is so severely disabled as to be unable to move without the aid of crutches or a wheelchair or who has lost both hands, shall be entitled to receive a special card to be left in a vehicle in a conspicuous place, bearing distinguishing marks, letters or numerals indicating that the vehicle is being used to transport such a privileged person. Such a privileged person shall also be entitled to receive for one motor vehicle only, a special decal to be affixed to the vehicle in a conspicuous place desig- nated by the director, bearing distinguishing marks, letters or numerals indicating that the vehicle is owned by or primarily used for such a privileged person. Vehicles displaying the special license plate, card or decal shall be entitled to use parking places otherwise reserved for physically disabled persons pursuant to chapter 70.92 RCW, or au- thority implemental thereof. Whenever such owner transfers or assigns his interest in such vehicle, the special decal shall be removed. Such person shall immediately surrender the decal to the director together with a notice of the transfer of interest in such vehicle. If another ve- hicle is acquired by, or for the primary use of, such person, a new de- cal shall be issued by the director. Application for renewal, except for the permanently disabled who shall be issued a permanent card, must be made by January 10th of each renewal year together with satisfac- tory proof of the right to continued use of such special card and decal. No additional fees shall be charged for the issuance of such special card and decal. The director shall promulgate such rules and regula- tions as he deems necessary to carry into effect this section. Any unauthorized use of such distinguishing license plate, card or decal shall constitute a gross misdemeanor. Any person parking a vehicle in a parking place reserved for physi- cally disabled persons pursuant to chapter 70.92 RCW, or authority implemental thereof, without a special license plate, card or decal as in this section provided, shall be guilty of a misdemeanor: Provided, That a person charged with a violation hereof shall not be convicted if he produces in court or prior to the court appearance the special license plate, special card or special decal required hereunder or demonstrates he was entitled to the same at the time of being ticketed. [1979 1st ex.s. c 26 1; 1975 -'76 2nd ex.s. c 102 1; 1975 1st ex.s. c 297 1; 1967 c 32 26; 1961 c 128 1.] 46.16.380 Cards, decals, or special license plates for certain dis- abled persons Qualifications— Transfer of vehicle Ruh., Penalty Penalty (as amended by 1979 1st ex.s. c 27). (Effective until July 1, 1980.) Any person who submits satisfactory proof to the direc- tor that he or she has Lost both of his or her lower extremities, or has lost the normal or full use thereof, or is so severely disabled as to be unable to move without the aid of crutches or a wheelchair, or has lost both hands, shall be entitled to receive a special card to be left in a vehicle in a conspicuous place, bearing distinguishing marks, letters, or numerals indicating that the vehicle is being used to transport such a disabled person. Such a disabled person shall also be entitled to receive for one motor vehicle only, a special decal to be affixed to the vehicle in a conspicuous place designated by the director, bearing distinguish- ing marks, letters, or numerals indicating that the vehicle is owned by or primarily used for such a disabled person. The disabled person is also entitled to receive, in lieu of the decal and regular motor vehicle license plates, special license plates bearing distinguishing marks, let- ters, or numerals indicating that the vehicle is owned by such a dis- abled person. Whenever the disabled person transfers or assigns his or her interest in the vehicle, the special decals or license plates shall be removed from the motor vehicle. Such person shall immediately sur- render the decal to the director together with a notice of the transfer of interest in such vehicle. If another vehicle is acquired by, or for the primary use of, the disabled person, a new decal shall be issued by the director. Application for renewal, except for the permanently disabled who shall be issued a permanent card, must be made by January 10th of each renewal year together with satisfactory proof of the right to continued use of such special card and decal. If another vehicle is ac- quired by the disabled person and special plates are used, they shall be attached to the vehicle, and the director shall be immediately notified of the transfer of plates. If another vehicle is not acquired by the dis- abled person, the removed plates shall be immediately forwarded to the director to be reissued later upon payment of the regular registration fee. The special license plates shall be renewed in the same manner and at the time required for the renewal of regular motor vehicle license plates under this chapter. No special license plate may be issued to a person who is temporarily disabled. A person who is permanently dis- abled under this section shall be issued a permanent card. A person who is temporarily disabled under this section shall be issued a tem- porary card which shall be renewed, at such times as the director may require, by satisfactory proof of the right to continued use of the card. No additional fees shall be charged for the issuance of the special card and decal, and, at the time the vehicle is originally licensed in this state, no additional fee may be charged for the issuance of the special license plates except the regular motor vehicle registration fee and any other fees and taxes required to be paid upon initial registration of a motor vehicle. On September 1, 1979, any disabled person who is enti- tled to receive a special license plate under this section and who has valid Washington state license plates for his or her motor vehicle shall be entitled to receive special license plates upon payment of the fee prescribed in RCW 46.16.270 and surrender of the existing plates. The director shall promulgate such rules and regulations as he or she deems necessary to carry into effect this section. Any unauthorized use of the special card, the decal, or the special license plate shall constitute a gross misdemeanor. [1979 1st ex.s. c 27 1; 1975 —'76 2nd ex.s. c 102 1; 1975 1st ex.s. c 297 1; 1967 c 32 26; 1961 c 128 1.] 46.16.380 Cards and decals for certain disabled person_ Quali- fication` Transfer of vehicle Rulcc Penalty (as amended by 1979 1st ex.s. c 136). *Delayed effective date.) Any person who shall submit satisfactory proof to the director that he or she has lost both of his or her lower extremities, or who has lost the normal or full use thereof, or who is so severely disabled as to be unable to move without the aid of crutches or a wheelchair or who has lost both hands, shall be entitled to receive a special card to be left in a vehicle in a conspicuous place, bearing distinguishing marks, letters or numerals indicating that the vehicle is being used to transport such a privileged person. Such a privileged person shall also be entitled to receive for one motor vehicle only, a special decal to be affixed to the vehicle in a conspicuous place designated by the director, bearing distinguishing marks, letters or nu- merals indicating that the vehicle is owned by or primarily used for such a privileged person. Whenever such owner transfers or assigns his interest in such vehicle, the special decal shall be removed. Such per- son shall immediately surrender the decal to the director together with a notice of the transfer of interest in such vehicle. If another vehicle is acquired by, or for the primary use of, such person, a new decal shall be issued by the director. Application for renewal, except for the per- manently disabled who shall be issued a permanent card, must be made by January 10th of each renewal year together with satisfactory proof of the right to continued use of such special card and decal. No additional fees shall be charged for the issuance of such special card and decal. The director shall promulgate such rules and regulations as he deems necessary to carry into effect this section. Any unauthorized use of such distinguishing card and decal is a traffic infraction. [1979 1st ex.s. c 136 50; 1975 —'76 2nd ex.s. c 102 1; 1975 1st ex.s. c 297 1; 1967 c 32 26; 1961 c 128 1.) *Reviser's note: RCW 46.16.380 was amended four times during the 1979 first extraordinary session of the legislature, each without refer- ence to the other. The amendment made by 1979 1st ex.s. c 136 takes effect July 1, 1980. However, 1979 1st ex.s. c 192 6 reenacted this section incorporating all amendments made in the 1979 extraordinary session, thereby superseding this version and earlier versions of this section; such reenactment is effective July 1, 1980. For rule of construction concerning sections amended more than once at the same session, see RCW 1.12.025. Effective date Severabilit; 1979 1st ex.s. c 136: See notes following RCW 46.63.010. Vehicle Licenses 46.16.505 46.16.450 Appeals to superior court from suspension, revocation, cancellation, or refusal of license or certifi- cate under chapter 46.16 RCW. See RCW 46.12.240. 46.16.460 Nonresident members of armed forccs Temporary motor vehicle license Issuance authorized. Upon the payment of a fee of ten dollars therefor, the department of licensing shall issue a temporary motor vehicle license for a motor vehicle in this state for a pe- riod of forty —five days when such motor vehicle has been or is being purchased by a nonresident member of the armed forces of the United States and an application, accompanied with prepayment of required fees, for out of state registration has been made by the purchaser. [1979 c 158 14I; 1967 c 202 4.] 46.16.470 Nonresident members of armed force Display. The temporary license provided for in RCW 46.16.460 shall be carried on the interior of the motor vehicle in such a way as to be clearly visible from out- side the vehicle. [1967 c 202 5.] 46.16.480 Nonresident members of armed forccs Not liable for sales, use or motor vehicle excise taxes Extent of exemption. The original purchaser of a motor vehicle, for which a temporary license as pro- vided in RCW 46.16.460 has been issued, shall not be subject to the sales tax, use tax, or motor vehicle excise tax during the effective period of such license or there- after unless the motor vehicle, after the effective period of such license, is still in this state or within a period of one year after the effective period of such license is re- turned to this state. [1967 c 202 6.] Motor vehicle excise tax: Chapter 82.44 RCW. Sales tax exemptions: RCW 82.08.030. Use tax exemptions: RCW 8212030. 46.16.490 Nonresident members of armed force Rules and regulations Proof. The department of li- censing shall prescribe rules and regulations governing the administration of' RCW 46.16.460 through 46.16- .490. The department may require that adequate proof of the facts asserted in the application for a temporary license shall be made before the temporary license shall be granted. 1979 c 158 142; 1967 c 202 7.] 46.16.500 Liability of operator and/or owner for vi- olations. Whenever an act or omission is declared to be unlawful in chapter 46.16 RCW, if the operator of the vehicle is not the owner of such vehicle, but is so oper- ating or moving the same with the express or implied permission of the owner, then the operator and /or owner ha11 both be subject to the provisions of this chapter with the primary responsibility to be that of the owner. 1969 ex.s. c 69 2.] 46.16.505 Campers License and plates Ap- plication Fee. It shall be unlawful for a person to operate any vehicle equipped with a camper over and along a public highway of this state without first having obtained and having in full force and effect a current [Title 46 RCW (1979 Ed.) —p 511