HomeMy WebLinkAboutTukwila Municipal Code - Title 09 - Vehicles and Traffic (Updated February 2025)TITLE 9 – VEHICLES AND TRAFFIC
Produced by the City of Tukwila, City Clerk’s Office Page 9–1
TITLE 9
VEHICLES AND TRAFFIC
Chapters:
9.04 Definitions
9.08 Enforcement – Administration
9.12 Model Traffic Ordinance – Adoption by
Reference
9.16 Local Speed Limits – One-Way Streets
9.18 Functional Arterial System
9.20 Local Traffic and Parking Regulations
9.21 Interfering with Traffic
9.24 Bicycles
9.28 Miscellaneous Regulations
9.30 Compression Brakes
9.32 Abandoned and Junked Motor Vehicles
9.34 Operation of Motorized Foot Scooters,
Pocket Bikes and EPAMDs
9.38 Penalty for Violation
9.44 Commute Trip Reduction Plan and Program
Requirements
9.48 Transportation Concurrency Standards
and Impact Fees
9.50 Concurrency Management
9.53 Automated Traffic Safety Cameras
9.54 Truck Routes
Figures (located at back of this section)
Figure 1 Transportation Impact Fees
Figure 2 Vehicles by Weight
CHAPTER 9.04
DEFINITIONS
Sections:
9.04.010 Definitions – Adoption by reference.
9.04.020 Definition of vehicle.
9.04.010 Definitions – Adoption by reference
The following definitional provisions of the Washington Model
Traffic Ordinance, and all future amendments thereto, are adopted
by reference:
RCW 46.90.100 46.90.103 46.90.106
46.90.109 46.90.112 46.90.118
46.90.121 46.90.124 46.90.127
46.90.130 46.90.133 46.90.136
46.90.142 46.90.145 46.90.148
46.90.151 46.90.154 46.90.166
46.90.169 46.90.172 46.90.178
46.90.181 46.90.184 46.90.187
46.90.190.
(Ord. 1370 §1 (part), 1985)
9.04.020 Definition of vehicle
“Vehicle” includes every device designed to travel upon a
public highway and in, upon, or by which any persons or property
is or may be transported or drawn upon a public highway and shall
include, but not be limited to, automobiles, buses, motor-bikes,
motor scooters, trucks, tractors, go-carts, golf carts, campers and
trailers.
(Ord. 1502 §1, 1989)
TITLE 9 – VEHICLES AND TRAFFIC
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CHAPTER 9.08
ENFORCEMENT–ADMINISTRATION
Sections:
9.08.010 Adoption by reference
9.08.010 Adoption by reference
The following statues relating to enforcement of motor vehicle
laws, and all future amendments thereto, are adopted by
reference:
RCW 46.30.020 46.30.040 46.64.010
46.64.015 46.64.020 46.64.025
46.64.030 46.64.040 46.64.048
46.64.050 46.64.010 46.90.200
46.90.205 46.90.210 46.90.215
46.90.220 46.90.230 46.90.235
46.90.240 46.90.245 46.90.255
46.90.260 46.90.265 46.90.270
46.90.275 46.90.335 46.90.340
46.90.345 46.90.375 46.90.400
46.90.403 46.90.640 46.90.650
46.90.660 46.90.700 46.90.705
46.61.688
(Ord. 1570 §1, 1990; Ord. 1419 §1, 1987;
Ord. 1370 §1 (part), 1985)
CHAPTER 9.12
MODEL TRAFFIC ORDINANCE -
ADOPTION BY REFERENCE
Sections:
9.12.010 Model traffic ordinance – adoption by reference
9.12.020 Sections not adopted
9.12.010 Model traffic ordinance – adoption by
reference
The “Washington Model Traffic Ordinance,” WAC chapters
308-330, is hereby adopted by reference as the traffic ordinance
of the City of Tukwila as if set forth in full. Also adopted by
reference are Sections 4, 5, 6, 7, 10, 11, 12 and 23 of Chapter
275, Laws of 1994 and RCW 46.20.730 as amended by Section
23 of Chapter 275, Laws of 1994.
(Ord. 1709 §1, 1994)
9.12.020 Sections not adopted
The following sections of the MTO are not adopted by
reference and are expressly deleted:
WAC 308-330-250 Police Department to administer bicycle
licenses.
WAC 308-330-255 Police Department to regulate parking
meters.
WAC 308-330-275 Traffic Safety Commission-powers and
duties.
WAC 308-330-500 Bicycle license required.
WAC 308-330-505 Bicycle license application.
WAC 308-330-510 Issuance of bicycle license.
WAC 308-330-515 Attachment of bicycle license plate or
decal.
WAC 308-330-520 Inspection of bicycles.
WAC 308-330-525 Renewal of bicycle licenses.
WAC 308-330-530 Bicycle transfer of ownership.
WAC 308-330-535 Bicycle rental agencies.
WAC 308-330-540 Bicycle dealers.
WAC 308-330-560 Bicycle penalties.
WAC 308-330-600 Parking meter spaces.
WAC 308-330-610 Parking meters – Deposit of coins and
time limits.
WAC 308-330-620 Parking meters – Use of slugs prohibited.
WAC 308-330-630 Tampering with parking meter.
WAC 308-330-640 Parking meters – Rule of evidence.
WAC 308-330-650 Parking meters – Application of
proceeds.
WAC 308-330-660 Service parking.
(Ord. 1709 §2, 1985)
TITLE 9 – VEHICLES AND TRAFFIC
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CHAPTER 9.16
LOCAL SPEED LIMITS -
ONE-WAY STREETS
Sections:
9.16.010 Forty mph on portion of West Valley Hwy
9.16.020 Secondary State Highway No. 181
9.16.030 South 132nd Street
9.16.040 Maule Avenue
9.16.050 Interurban Avenue
9.16.060 South 124th Street, 42nd Avenue South, and 50th
Place South
9.16.070 Thirty-five mph on portion of Tukwila International
Boulevard
9.16.010 Forty mph on portion of West Valley
Highway
A 40-mile-per-hour speed limit zone is established on the
West Valley Highway in the general vicinity of Renton/Tukwila city
limits, and then in a generally northerly direction for approximately
eight-tenths of a mile, and then in a generally southerly direction
to the intersection of West Valley Highway and South 180th Street.
(Ord. 1583 §1, 1990)
9.16.020 Secondary State Highway No. 181
A. A 50 mile-per-hour speed limit is established on
Secondary State Highway No. 181 from the south limits of the City
of Tukwila, which is State Highway Milepost No. 9.24, north to
South 180th Street, which is State Highway Milepost No. 9.74.
B. A 50-mile-per-hour speed limit is established on
Secondary State Highway No. 181 from the City limits of Tukwila
at a point .24 miles south of the Chicago, Milwaukee, St. Paul and
Pacific Railroad crossing which is State Highway Milepost No.
10.29, to a point .15 mile north of the Chicago, Milwaukee, St. Paul
and Pacific Railroad crossing, which is State Highway Milepost
No. 10.68.
C. A 40-mile-per-hour speed limit is established on
Secondary State Highway No. 181 from State Highway Milepost
No. 10.68 to State Highway Milepost No. 11.45.
(Ord. 1395 §1, 1986; Ord. 1370 §1 (part), 1985)
9.16.030 South 132nd Street
South 132nd Street shall be a one-way street, traffic moving
from 48th South to South 133rd Street.
(Ord. 1370 §1 (part), 1985)
9.16.040 Maule Avenue
Maule Avenue shall be a one-way street, traffic moving from
South 147th to South 143 Place.
(Ord. 1370 §1 (part), 1985)
9.16.050 Interurban Avenue
A 35-mile-per-hour speed limit is established on Interurban
Avenue from State Highway Milepost No. 11.45 to the north City
limits.
(Ord. 1395 §2, 1986)
9.16.060 South 124th Street, 42nd Avenue South, and
50th Place South
A 25 MPH speed limit is established on certain collector
arterials as follows:
1. South 124th Street from 42nd Avenue South to 50th
Place South.
2. 42nd Avenue South from Interurban Avenue to South
115th Street; except that Type 1, Type 2, and Type 3 trucks, as
defined by the American Association of State Highway Officials
(AASHTO), shall be restricted to a maximum speed of 15 MPH.
3. 50th Place South from South 124th Street to the east
City Limit.
(Ord. 2566 §2, 2018)
9.16.070 Thirty-five mph on portion of Tukwila
International Boulevard
A 35 mile per hour speed limit zone is established for both
directions of traffic on Tukwila International Boulevard between
So. 139th Street and So. 152nd Street.
(Ord. 2380 §1, 2012; Ord. 1875 §1, 1999;
Ord. 1866 §1, 1999)
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CHAPTER 9.18
FUNCTIONAL ARTERIAL SYSTEM
Sections:
9.18.010 Designation of principal arterials
9.18.020 Designation of minor arterials
9.18.030 Designation of collector arterials
9.18.040 Designation of conceptual arterials (future
construction)
9.18.010 Designation of principal arterials
A. The primary function of principal arterials is to expedite
through traffic between communities and traffic generated by
major shopping centers, and serve travel between freeways and
lesser classified arterials. Principal arterials are 50 or more feet
wide with 80 or more feet of right-of-way. Principal arterial speed
limits are normally set between 35 and 50 miles per hour. Principal
arterial traffic volumes generally range between 10,000 and
50,000 per weekday.
B. The following streets will be classified as principal
arterials:
1. Pacific Highway South between Boeing Access
Road and south City limit;
2. East Marginal Way between Boeing Access Road
and north City limit;
3. Boeing Access Road between East Marginal Way
and Empire Way;
4. Empire Way South between I-5 and north City limit;
5. Interurban Ave. S. between I-5 and I-405;
6. West Valley Road between I-405 and south City
limit;
7. Southcenter Boulevard and Grady Way between I-5
and east City limit;
8. 16th Avenue between the north and south City limit.
(Ord. 1616 §2, 1991)
9.18.020 Designation of minor arterials
A. The primary function of minor arterials is to serve
intercommunity traffic traveling between neighborhoods, traveling
between principal and collector arterials. Minor arterials serve
smaller geographic areas than principal arterials. Minor arterial
speed limits are usually 30 or 35 miles per hour. Traffic generators
served by minor arterials include high schools, junior high schools,
hospitals, community business centers, neighborhood shopping
centers and athletic fields. Minor arterial traffic volumes range
from 1,500 to 15,000 per weekday. Minor arterials are normally
44 feet wide with at least 60 feet of right-of-way.
B. The following streets will be classified as minor arterials:
1. Airport Way S. between Boeing Access Road and
north City limit;
2. East Marginal Way S. and S. 133rd St. between
Boeing Access Road and Interurban Ave S.;
3. Interurban Ave So. Between East Marginal Way S.
and I-5;
4. S. 154th St. between I-5 and Pacific Highway S.;
5. Klickitat between SR 518 and Southcenter Parkway;
6. Southcenter Parkway and 57th Ave. S. between
Tukwila Parkway and south City limit;
7. Tukwila Parkway between Southcenter Parkway and
Southcenter Boulevard;
8. Strander Boulevard between Southcenter Parkway
and West Valley Road;
9. Andover Park East between Tukwila Parkway and S.
180th St.;
10. Andover Park West between Tukwila Parkway and
S. 180th St.;
11. S. 180th St. and S. 178th St. between West Valley
Road and west City limit.
(Ord. 1616 §3, 1991)
9.18.030 Designation of collector arterials
A. The primary function of collector arterials is to serve
traffic traveling between access streets and higher classification
arterials and primarily serve local traffic of a neighborhood or
commercial/industrial area. Collector arterials serve some through
traffic and traffic within a local area, and provide access to abutting
land with essentially unrestricted numbers of access points.
Collector arterial generators include elementary schools,
churches, clinics and small apartment areas. Collector arterial
traffic volumes are generally less than 10,000 per day. Collector
arterials are normally 36 to 40 feet wide with 60 feet of right-of-
way. Collector arterials may have bus routes.
B. The following streets will be classified as collector
arterials:
1. S. Norfolk St. between East Marginal Way and east
City limit;
2. S. 112th St. between Pacific Highway S. and East
Marginal Way S.;
3. S. 115th St. and 42nd Ave. S. between East Marginal
Way and Interurban Ave. S.;
4. S. 124th St. and 50th Place S. between 42nd Ave. S.
and east City limit;
5. Macadam Road S. between Interurban Ave. S. and
S. 144th St.;
6. S. 144th St. between 58th Ave. S. and west City limit;
TITLE 9 – VEHICLES AND TRAFFIC
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7. 65th Ave. S./S. 147th St./58th Ave. S. between
Southcenter Boulevard and Interurban;
8. Macadam Road/53rd Ave. S./52nd Ave. S. between
Southcenter Boulevard and Interurban;
9. S. 130th St. between Macadam Road S. and Pacific
Highway;
10. 40th Ave. S. and 42nd Ave. S. between East Marginal
Way and south City limit;
11. S. 160th St. and 53rd Ave. S. between Military Road
and Klickitat;
12. S. 164th St. between Military Road and 51st Ave. S.;
13. 51st Ave. S. between S. 160th St. and south City limit;
14. Minkler Boulevard between Andover Park West and
Andover Park East.
(Ord. 1616 §4, 1991)
9.18.040 Designation of conceptual arterials (future
construction)
The following streets will be classified as conceptual arterials:
1. Minkler Boulevard between Andover Park East and
Southcenter Parkway;
2. S. 168th St. between Southcenter Parkway and
Andover Park West;
3. Tukwila Parkway extended between Andover Park
East and east City limit;
4. Strander Boulevard extended between West Valley
Road and east City limit;
5. S. Norfolk St. extended between East Marginal Way
and SR 99;
6. Gateway Boulevard between Interurban Ave. S. and
50th Place So.
(Ord. 1616 §5, 1991)
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
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 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.
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.
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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.
(Ord. 2494 §5, 2016)
9.20.020 Alley – Driveway entrance
No person shall park a vehicle within a City alley in such a
manner or under such conditions as to leave available 10 feet of
the roadway for the free movement of vehicular and emergency
traffic, and no person shall stop, stand, or park a vehicle within a
City alley in such a position as to block the driveway entrance to
any abutting property.
(Ord. 2704 §1, 2023; Ord. 2494 §6, 2016)
9.20.030 Parking on municipal property
A. Generally. No person shall stop, stand or park a vehicle
in any garage, City of Tukwila park, parking area, or other property
operated by the City, where signs prohibit or restrict such stopping,
standing or parking without lawful authority or permission.
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 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,
for a period of time exceeding 6 hours, without lawful permission
or authority.
(Ord. 2704 §2, 2023; Ord. 2494 §7, 2016)
9.20.040 Parking for maintenance purposes
prohibited
No person shall park a vehicle upon any roadway for the
principal purpose of maintenance or repairing such vehicle except
for repairs necessitated by emergency.
(Ord. 2494 §8, 2016)
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.
B. 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.
(Ord. 2704 §3, 2023; Ord. 2494 §9, 2016)
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.
7. Wrong way parking: To facilitate the safe flow of
traffic entering a lane of travel, vehicles parked along the curb or
on a City right-of-way must be parked facing the direction of
vehicle travel for that lane of travel.
B. Any vehicle stopped, parked, stored, or left unattended
on any street, alley or highway within the City without a valid and
current registration record (a license plate issued by any of the
United States), and with the expiration of said registration
confirmed through checking the license plate attached to the
vehicle, or the VIN number of the vehicle, through the applicable
State Department of Licensing, shall 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.
C. It is unlawful for any person to alter or remove a mark
placed upon a vehicle by a 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.
D. Re-parking the vehicle in the same block to avoid a time
limit regulation is a violation of this chapter.
(Ord. 2704 §4, 2023;Ord. 2494 §10, 2016)
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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 City.
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, or while actively engaged in business
with a property owner or tenant in the immediate vicinity.
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.
(Ord. 2494 §11, 2016)
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 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.
(Ord. 2494 §12, 2016)
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 Section 18.56.065.
(Ord. 2545 §1, 2017; Ord. 2494 §13, 2016)
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.
(Ord. 2494 §14, 2016)
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.
(Ord. 2494 §15, 2016)
9.20.120 Penalties and impound procedures
A. Violations of the provisions of TMC Chapter 9.20 are
parking infractions punishable by monetary penalties as set forth
in the below table, and/or impoundment pursuant to this section.
B. Delinquent Fee Authorized. Unpaid parking violations
will incur a $25.00 late fee following 30 days from the date of
violation or upon failure to comply with a time pay agreement.
Type of Parking Violation Penalty
Unsafe parking on roadway (TMC
9.20.100) $150
Parking on municipal property (TMC
9.20.030) $30
Parking large vehicles, trailers and
recreational vehicles on City streets (TMC
9.20.070)
1st violation: $30
2nd violation: $50
3rd or subsequent
violation: $75
Parking over time limits on City streets and
highways (TMC 9.20.050) $20
Any parking violations not otherwise
specified $48
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C. Impound Authorized. Any vehicle parked on any City
right-of-way or City 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 jurisdiction over
the right-of-way or property upon which the vehicle is located.
D. Immediate Impound. Vehicles parked in violation of
TMC Chapter 9.20 are subject 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.
E. Other Impound. A vehicle not subject to immediate
impoundment under TMC Section 9.20.120.C 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 72 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
72 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.
F. 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 Tukwila Municipal 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 Tukwila Municipal 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 Tukwila Municipal 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 RCW 46.55.063.
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.
G. 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.
H. Nonexclusive Remedies. 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.
I. 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.
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.
(Ord. 2704 §5, 2023; Ord. 2494 §16, 2016)
TITLE 9 – VEHICLES AND TRAFFIC
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CHAPTER 9.21
INTERFERING WITH TRAFFIC
Sections:
9.21.010 Purpose
9.21.020 Definitions
9.21.030 Interference with traffic prohibited
9.21.040 Penalty for violation
9.21.010 Purpose
The purpose of this chapter is to provide for the free flow of
pedestrian and vehicular traffic on streets and sidewalks in the
City, to promote tourism and business, and to preserve the quality
of urban life. Interference with traffic by pedestrians within the
right-of-way is unsafe and should be restricted. By this legislation,
the City Council intends to promote the health, safety, and welfare
of the citizens of and visitors to the City of Tukwila.
(Ord. 2419 §2, 2013)
9.21.020 Definitions
For the purposes of this chapter, the following words and
phrases shall have the meaning ascribed to them in this section:
1. “Interfere” means to hinder, obstruct, or slow.
2. “Right-of-way” means, without limitation, public
streets, state routes and interstate highways (including, but not
limited to, on and off ramps), sidewalks, alleys, shoulders, traffic
islands, and driveways.
(Ord. 2419 §3, 2013)
9.21.030 Interference with traffic prohibited
It shall be unlawful for any person, while in the right-of-way,
to take any action that interferes with the lawful flow of traffic.
(Ord. 2419 §4, 2013)
9.21.040 Penalty for violation
Violations of this chapter shall be punishable as follows:
1. The first violation of this chapter shall be punishable
by a civil infraction in an amount not to exceed $124.00.
2. The second violation of this chapter shall be
punishable by a civil infraction in an amount not to exceed
$200.00.
3. The third and all subsequent violations of this
chapter shall be punishable by a civil infraction in an amount not
to exceed $300.00.
(Ord. 2419 §5, 2013)
CHAPTER 9.24
BICYCLES
Sections:
9.24.010 Model ordinance - Adoption by reference
9.24.010 Model ordinance - Adoption by reference
The following provisions of the Washington Model Traffic
Ordinance, and all future amendments thereto, are adopted by
reference:
RCW 46.90.500 46.90.540 46.90.545
46.90.550 46.90.555 46.90.560
46.90.565.
(Ord. 1370 §1 (part), 1985)
TITLE 9 – VEHICLES AND TRAFFIC
Produced by the City of Tukwila, City Clerk’s Office Page 9–10
CHAPTER 9.28
MISCELLANEOUS REGULATIONS
Sections:
9.28.010 Railroad trains not to block streets
9.28.030 Inattentive driving
9.28.035 Avoiding an Intersection
9.28.037 Negligent operation of skateboards and other
devices prohibited
9.28.038 Electric Vehicle Parking
9.28.040 Penalty
9.28.010 Railroad trains not to block streets
It is unlawful for the directing officer or the operator of any
railroad train to direct the operation of or to operate the same in
such a manner as to prevent the use of any street for purposes of
travel for a period of time longer than five minutes, except that this
provision shall not apply to trains or cars in motion other than those
engaged in switching.
(Ord. 1794 §1 (part), 1997)
9.28.030 Inattentive driving
It shall be an infraction for any person to operate a motor
vehicle within the City in an inattentive manner. For the purposes
of this section, “inattentive manner” means the operation of a
motor vehicle in a manner which evidences a lack of the degree of
attentiveness required to safely operate the vehicle under the
prevailing conditions of the roadway, presence of other traffic,
presence of pedestrians and weather conditions. The offense of
operating a motor vehicle in an inattentive manner shall be
considered to be a lesser offense than, but included in the offense
of, operating a motor vehicle in a negligent manner.
(Ord. 1794 §1 (part), 1997)
9.28.035 Negligent operation of skateboards and
other devices prohibited
It is unlawful for any person to rollerskate, rollerblade or
operate a skateboard, coaster, toy vehicle or similar device in a
negligent, or reckless manner on any roadway, sidewalk, publicly-
owned parking lot or park. For the purpose of this section, “to
operate in a negligent or reckless manner” means the
rollerskating, rollerblading or operation of a skateboard, coaster,
toy vehicle or similar device in such a manner as to threaten or
endanger or be likely to threaten or endanger any persons or
property.
(Ord. 1794 §1 (part), 1997)
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.
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 9.20.120 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 9.20.120.
(Ord. 2494 §18, 2016; Ord. 2324 §11, 2011)
TITLE 9 – VEHICLES AND TRAFFIC
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9.28.038 Avoiding an Intersection
It is unlawful for any person operating a motor vehicle on the
roadways of the City, upon approaching or leaving an intersection,
to proceed across any public or private property in such a way as
to avoid the intersection or any traffic control device controlling the
intersection, unless so directed by lawful authority.
(Ord. 2726 §2, 2023)
9.28.040 Penalty
With the exception of TMC Section 9.28.037, violation 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 in accordance with the table set forth in TMC Section
9.20.120.A and/or impoundment.
(Ord. 2704 §6, 2023; Ord. 2494 §19, 2016;
Ord. 1794 §1 (part), 1997)
CHAPTER 9.30
COMPRESSION BRAKES
Sections:
9.30.010 Compression Brakes Prohibited
9.30.020 Signposting
9.30.030 Violation – Penalty
9.30.010 Compression Brakes Prohibited
A.No person shall use motor vehicle brakes, which are in
any way activated or operated by the compression of the engine
of any such motor vehicle or any unit or part thereof.
B.The use of compression brakes applied in an emergency
stopping situation, necessary for the protection of persons and/or
property, shall not be deemed a violation of this chapter.
C.Emergency vehicles are not subject to the regulations of
this chapter.
(Ord. 2041 §1 (part), 2004)
9.30.020 Signposting
The Public Works Department is authorized to post and
maintain appropriate signage consistent with the provisions of this
chapter.
(Ord. 2041 §1 (part), 2004)
9.30.030 Violation – Penalty
Violations of TMC Chapter 9.30 are civil infractions
punishable by a penalty of not more than $300.00.
(Ord. 2041 §1 (part), 2004)
TITLE 9 – VEHICLES AND TRAFFIC
Produced by the City of Tukwila, City Clerk’s Office Page 9–12
CHAPTER 9.32
ABANDONED AND JUNKED
MOTOR VEHICLES
Sections:
9.32.010 Definitions
9.32.020 Authority to impound vehicles on the highway
9.32.030 Notices to owners required
9.32.060 Stolen and abandoned vehicles - Reports of notice–
- Disposition
9.32.070 Owner of record presumed liable for costs when
vehicle abandoned - Exceptions
9.32.080 Owner or agent required to pay charges - Lien
9.32.090 Impounding not to prevent prosecution
9.32.100 Contract with registered disposer to dispose of
vehicles and hulks - Compliance required
9.32.110 Unlawful to abandon junk motor vehicles
9.32.120 Abandoning vehicles unlawful
9.32.200 Penalties
9.32.010 Definitions
For the purposes of this chapter the following words shall
have the following meanings:
1. “Abandoned vehicle” means any vehicle or
automobile hulk left within the right-of-way of any highway or on
the owner of such property for a period of 24 hours or longer;
provided, that a vehicle or hulk shall not be considered abandoned
if it is lawfully parked for a period not exceeding 72 hours; provided
further, that a vehicle or hulk shall not be considered abandoned
if its owner or operator is unable to remove it from the place where
it is located and so notifies law enforcement officials and requests
assistance.
2. “Abandoned junk motor vehicle” means any motor
vehicle substantially meeting the following requirements:
a. Left on private property for more than 24 hours
without the permission of the person having right to the possession
of the property, or on a public street or other property open to the
public for purposes of vehicular travel or parking, or upon or within
the right-of-way of any road or highway for 24 hours or longer;
b. Extensively damaged, such damage including
but not limited to any of the following: a broken window or
windshield, missing wheels, tires, motor or transmission;
c. Apparently inoperable;
d. Without a valid, current registration plate;
e. Having a fair market value equivalent to the scrap
therein, only.
3. “Automobile hulk” means any portion or portions of a
motor vehicle which is inoperative and cannot be made
mechanically operative without additional vital parts and a
substantial amount of labor.
4. “Department” means the Washington State
Department of Licensing.
5. “Director” means the director of the Department of
Licensing or his designee.
6. “Police Chief” means the Tukwila Police Chief or his
designee.
(Ord. 1370 §1 (part), 1985)
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,
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.
8. When a vehicle is parked upon an elevated sidewalk
or upon a designated (by traffic paint delineation) walkway and is
obstructing said sidewalk or walkway, causing any pedestrian
traffic to be forced to move around it into a vehicle lane of travel.
9. When a vehicle is parked within 5 feet of a driveway
and causing a line of sight of oncoming traffic obstruction for
vehicles attempted to enter the roadway from that driveway.
(Ord. 2704 §7, 2023; Ord. 2494 §20, 2016;
Ord. 1502 §3, 1989; Ord. 1370 §1 (part), 1985)
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9.32.030 Notices to owners required
A. Prior to removal and impoundment of a vehicle, as
authorized in TMC 9.32.020, an officer shall make a reasonable
effort to ascertain the name and address of the owner of such
vehicle and to notify said owner of the officer’s intent to impound
such vehicle unless the vehicle is immediately removed from its
illegal location.
B. Whenever an officer removes and impounds a vehicle
from a highway as authorized in TMC 9.32.020, he shall as soon
as practicable give or cause notice to be given in writing to the
owner of such vehicle, if any record exists of the registered or legal
owner in the records of the authority last licensing such vehicle, of
the fact of such removal and the reasons therefor, and of the place
to which such vehicle has been removed. In the event any such
vehicle is stored in a public garage, a copy of such notice shall be
given to the proprietor of such garage.
C. Whenever an officer does not know and is not able to
ascertain the name of the owner, or for any other reason is unable
to give notice to the owner as set forth above, and in event the
vehicle is not returned to the owner within a period of three days,
the officer shall immediately send or cause to be sent a written
report of such removal by mail to the department and shall file a
copy of such notice with the proprietor of any garage in which the
vehicle may be stored. Such notice shall include a complete
description of the vehicle, the date, time and place from which
removed, the reasons for such removal, and the name of the
garage or place where the vehicle is stored.
(Ord. 1502 §4, 1989; Ord. 1370 §1 (part), 1985)
9.32.060 Stolen and abandoned vehicles - Reports of
notice –- Disposition
A. It shall be the duty of the Chief of Police to report
immediately to the chief of the Washington State Patrol all motor
vehicles reported to him as stolen or recovered, upon forms to be
provided by the chief of the Washington State Patrol.
B. In the event that any motor vehicle reported as stolen has
been recovered, the person so reporting the same as stolen shall
be guilty of a misdemeanor unless he shall report the recovery
thereof to the Chief of Police to whom such motor vehicle was
reported stolen.
C. It shall be the duty of the Chief of Police to report to the
chief of the Washington State Patrol all vehicles or automobile
hulks found abandoned on a highway or at any other place and
the same shall at the direction of a law enforcement officer, be
placed in the custody of a registered disposer.
(Ord. 1370 §1 (part), 1985).
9.32.070 Owner of record presumed liable for costs
when vehicle abandoned - Exceptions
A. The abandonment of any vehicle or automobile hulk shall
constitute a prima facie presumption that the last owner of record
is responsible for such abandonment and thus liable for any costs
incurred in removing, storing and disposing of any abandoned
vehicle.
B. A registered owner transferring a vehicle shall be relieved
from personal liability under this chapter if within five days of the
transfer he transmits to the department a seller’s report of sale on
a form prescribed by the director.
(Ord. 1370 §1 (part), 1985)
9.32.080 Owner or agent required to pay charges –
Lien
A. 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 such vehicle impounded shall be paid by the
owner or his agent if the vehicle is redeemed. In the case of
abandoned vehicles, all costs of removal and storage shall be paid
by the owner or his agent if the vehicle is redeemed, but if not
redeemed, such costs shall be received from the proceeds of sale.
B. Either a registered or legal owner may claim an
impounded vehicle by payment of all charges that have accrued
to 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.
(Ord. 1370 §1 (part), 1985)
9.32.090 Impounding not to prevent prosecution
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.
(Ord. 1370 §1 (part), 1985)
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9.32.100 Contract with registered disposer to
dispose of vehicles and hulks – Compliance required
A. 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.
B. Any registered disposer under contract to the City for the
removing and storing of vehicles or hulks shall comply with the
administrative regulations relative to the handling and disposing of
vehicles or hulks as may be promulgated by the Police Chief or
the director.
(Ord. 1370 §1 (part), 1985)
9.32.110 Unlawful to abandon junk motor vehicles
A. No person shall willfully leave an automobile hulk and/or
abandoned vehicle on private property for more than 24 hours
without the permission of the person having the right to possession
of the property, or upon or within the right-of-way of any highway
or other property open to the public for purposes of vehicular travel
or parking for 24 hours or longer without notification to the Chief of
Police of the reasons for leaving the motor vehicle in such a place.
B. For the purposes of this section, the fact that a motor
vehicle has been left without permission or notification is prima
facie evidence of abandonment. Any person convicted of
abandoning a junk motor vehicle shall be assessed any costs
incurred by the City in disposing of such abandoned junk motor
vehicle less any moneys accrued to the City from such disposal.
(Ord. 1370 §1 (part), 1985)
9.32.120 Abandoning vehicles unlawful
No person shall leave or permit a vehicle to remain on private
property without the permission of the owner longer than 24 hours.
(Ord. 1370 §1 (part), 1985)
9.32.200 Penalties
Any violation of any provision, or failure to comply with any of
the requirements of this chapter, shall be subject to enforcement
and penalties as prescribed in TMC Chapter 8.45 and the
issuance of a Notice of Violation in accordance with TMC Section
8.45.070.
(Ord. 2549 §16, 2017; Ord. 1838 §6, 1998;
Ord. 1370 §1 (part), 1985).
CHAPTER 9.34
OPERATION OF MOTORIZED FOOT
SCOOTERS, POCKET BIKES AND EPAMDS
Sections:
9.34.010 Definitions
9.34.020 Pocket Bikes
9.34.030 Electric Personal Assistive Mobility Device
(EPAMD)
9.34.040 Motorized Foot Scooters
9.34.050 Responsibility
9.34.060 Violation and Penalties
9.34.010 Definitions
For the purposes of TMC Chapter 9.34, the following
definitions shall apply:
1. “EPAMD” is an electric, personal-assistive mobility
device, which is a self-balancing device with two wheels not in
tandem, designed to transport only one person by an electric
propulsion system with an average power of 750 watts (one
horsepower), having a maximum speed on a paved surface of less
than 20 miles per hour (mph), when powered solely by such a
propulsion system.
2. “Motorized foot scooter” means a device with no
more than two 10-inch-or-smaller diameter wheels, that has
handlebars, is designed to be stood or sat upon by the operator,
and is powered by an internal combustion engine or electric motor
that is capable of propelling the device with or without human
propulsion. A motor-driven cycle, a moped, an electric-assisted
bicycle or a motorcycle is not a motorized foot scooter.
3. ”Pocket bike” (also known as miniature motorcycle,
miniature chopper or sports racer) is a low-profile motorized
vehicle 30” or less in height, weighing under 125 pounds, with 10”
or smaller wheels, either electric-powered or having an engine
displacement of 49cc’s or fewer.
(Ord. 2065 §1 (part), 2004)
9.34.020 Pocket Bikes
A. Pocket bikes are prohibited from operation on any street,
road or byway publicly maintained and open to the public for
vehicular travel in the City of Tukwila.
B. Pocket bikes may not be legally operated on sidewalks,
bike lanes, trails or any place prohibiting the use of motorized
vehicles.
C. This section applies to pocket bikes and any similar
motor vehicle with a low profile but of a slightly different size.
(Ord. 2065 §1 (part), 2004)
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9.34.030 Electric Personal Assistive Mobility Device
(EPAMD)
A. EPAMDs may be operated on roads and road shoulders
where the speed limits are 25 mph or less, and on bicycle lanes,
sidewalks and alleys. They are prohibited in City parks, and on
multiple-use trails within the City.
B. A person operating an EPAMD shall obey all speed limits
and shall yield the right-of-way to pedestrians and human-
powered devices at all times. An operator must also give an
audible signal before overtaking and passing a pedestrian.
Persons operating an EPAMD have all the rights and duties of a
pedestrian, though they must follow rules of the road when
traveling on the roadway.
C. It is unlawful to operate an EPAMD in a negligent or
unsafe manner. They shall be operated with reasonable regard for
the safety of the operator and other persons. Examples of
operating in a negligent manner include, but are not limited to,
failure to obey all traffic control devices, or failure to yield right-of-
way to pedestrians and/or vehicular traffic.
D. EPAMDs on roadways should ride as close as
practicable to the right side of the road.
E. EPAMD operators should dismount their device on the
right side of the road and cross the road at an intersection as a
pedestrian would if making a left hand turn.
F. No EPAMD shall be operated between the times of
sunset and sunrise, unless operated as a mobility assistant for a
disabled occupant, in which case lights and reflectors must be
properly installed per RCW 46.04.
G. No EPAMD shall be operated with any passengers in
addition to the operator.
H. All operators of EPAMDs shall follow State law as found
in RCW 46.61.710, detailing that they have the rights and duties
of a pedestrian unless otherwise regulated in this section.
(Ord. 2065 §1 (part), 2004)
9.34.040 Motorized Foot Scooters
A. GENERAL REQUIREMENTS:
1. Except as otherwise prohibited in TMC Chapter
9.34, motor scooters may be operated on roads and road
shoulders where the speed limits are 25 mph or less.
2. Every internal combustion engine-driven foot
scooter shall at all times be equipped with a muffler in good
working order and in constant operation to prevent excessive or
unusual noise.
3. The use of a cutout, bypass, or similar muffler
elimination device is prohibited on any motorized foot scooter.
4. Motorized foot scooters shall be equipped with a kill
(deadman’s) switch, in such a manner that the drive motor is
engaged through a switch, lever or other mechanism that, when
released, will cause the drive motor to disengage or cease to
function.
5. It is unlawful to operate on a public roadway or on
public property with a motorized foot scooter that has had factory-
installed brakes removed or altered to the extent that the braking
device is ineffective. Brakes on motorized foot scooters must
enable the operator to make the braked wheels skid on dry, level
and clean pavement.
6. Handlebars on a motorized foot scooter must not
exceed the shoulders of the operator.
7. Noise Restrictions:
a. Motorized foot scooters must comply with the
provisions in TMC Chapter 8.22.110, “Public Disturbance Noises.”
b. No motorized foot scooter shall emit frequent,
repetitive or continuous sounding of any horn or siren, except as
a warning of danger or as specifically permitted or required by law.
c. No motorized foot scooter shall be operated in
such a manner that results in screeching or other sounds from
scooter tires coming in contact with the ground or pavement
because of rapid acceleration, braking or excessive speed around
corners or because of such other reason not connected with
avoiding danger.
B. REQUIREMENTS FOR OPERATION:
1. It is unlawful to operate a motorized foot scooter in a
negligent or unsafe manner. They shall be operated with
reasonable regard for the safety of the operator and other persons.
Examples of operating in a negligent manner include, but are not
limited to, failure to obey all traffic-control devices, or failure to
yield right-of-way to pedestrians and/or vehicular traffic.
2. No motorized foot scooter shall be operated without
the operator wearing a properly fitted and fastened helmet, that
meets or exceeds safety standards adopted by Standard Z-90.4
set by the American National Standards Institute (ANSI).
3. No person operating a motorized foot scooter shall
tow or pull another person behind such device. In the event that a
person is pulled or towed behind a motorized foot scooter, the
person operating the scooter and the person being towed or pulled
are both in violation of TMC Chapter 9.34.
4. No person may operate a motorized foot scooter on
a public byway unless such person is 16 years or older.
5. Any person operating a motorized foot scooter shall
obey all rules of the road applicable to vehicle or pedestrian traffic,
as well as the instructions of official traffic-control signals, signs
and other control devices applicable to vehicles, unless otherwise
directed by a police officer.
6. It shall be unlawful to operate a motorized foot
scooter other than as close as practicable to the right–hand curb
or right edge of the roadway.
7. When preparing for a left turn, the motorized foot
scooter operator shall stop and dismount as close as practicable
to the right-hand curb or right edge of the roadway and complete
the turn by crossing the roadway on foot, subject to the restrictions
placed on pedestrians in RCW Chapter 46.61.
8. No motorized foot scooter shall be operated with any
passengers in addition to the operator.
9. No motorized foot scooter shall be operated
between the times of sunset and sunrise.
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10. Prohibited Areas. It is unlawful for any person to
operate or ride upon a motorized foot scooter or similar device in
any of the following areas:
a. Parks, including their sidewalks, parking lots,
streets, paths, trails and similar travel ways.
b. Multi-use trails, including all City and regional
recreational trails in the City.
c. Sidewalks within the City limits.
d. Parking lots of any municipal facility.
e. Roads with speeds over 25 mph.
C. APPLICATION TO OTHER DEVICES: The provisions of
TMC Chapter 9.34 regarding motorized foot scooters apply to any
device that:
1. Matches the definition of a motorized foot scooter,
except for the number or size of the device’s wheels; and
2. Cannot be defined as:
a. A vehicle legally registered by the Washington
Department of Vehicle Licensing as a motorcycle or moped.
b. An electric-assisted bicycle.
(Ord. 2065 §1 (part), 2004)
9.34.050 Responsibility
No person shall perform any act forbidden by TMC Chapter
9.34 nor fail to perform any act required in TMC Chapter 9.34. It is
unlawful for any parent, guardian or other person having control or
custody of a minor child to allow said minor to operate a motorized
foot scooter, pocket bike, or EPAMD in violation of TMC Chapter
9.34.
(Ord. 2065 §1 (part), 2004)
9.34.060 Violations and Penalties
A. The City of Tukwila Police Department personnel shall be
responsible for enforcing the provisions of TMC Chapter 9.34.
B. Upon determining a violation of TMC Chapter 9.34 has
occurred, law enforcement officers may, at their discretion, issue
a civil infraction in the amounts specified in TMC 9.34.060.C to any
person – including a parent or guardian – violating any of the
provisions of TMC Chapter 9.34.
C. The following monetary penalties shall apply:
1. First offense = $40.
2. Second offense = $80.
3. Third and future offenses = $250 each.
(Ord. 2065 §1 (part), 2004)
CHAPTER 9.38
PENALTY FOR VIOLATION
Sections:
9.38.010 Penalty designated
9.38.020 Certain penalties to be consistent with State law
9.38.010 Penalty designated
Unless another penalty is expressly provided by law, every
person convicted of a violation of any provision of this title shall be
punished by a fine not to exceed $5,000, or imprisonment in jail
for a term not exceeding one year, or by both fine and
imprisonment.
(Ord. 1370 §1 (part), 1985)
9.38.020 Certain penalties to be consistent with State
law
All motor vehicle or traffic violations prohibited by this title, and
which are described by State statutes adopted by reference in this
title, are punishable as criminal offenses or as motor vehicle civil
infractions in a manner consistent with Chapters 20, 61, 63 and 64
of Title 46 of the Revised Code of Washington, and other State
statutes prescribing punishment or penalty.
(Ord. 1370 §1 (part), 1985)
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CHAPTER 9.44
COMMUTE TRIP REDUCTION PLAN
AND PROGRAM REQUIREMENTS
Sections:
9.44.010 Purpose
9.44.020 Definitions
9.44.030 CTR Goals
9.44.040 Responsible City Agencies
9.44.050 Applicability
9.44.060 Requirements for Employers
9.44.070 Record Keeping
9.44.080 Schedule and Process for CTR Reports
9.44.090 Enforcement
9.44.100 Exemptions and Goal Modifications
9.44.110 Appeals
9.44.010 Purpose
A. The purpose of TMC Chapter 9.44 is to improve air
quality, reduce traffic congestion, and minimize energy
consumption. These regulations are prepared to comply with RCW
70.94.521, by requiring employer-based programs that encourage
employees to find alternatives to drive-alone commuting, with
collaboration between the City of Tukwila and affected employers.
B. The Commute Trip Reduction Plan for the City of Tukwila,
as required by RCW 70.94.527, is hereby adopted by reference
hereto as it appears in Attachment A, or as hereto amended by
ordinance of the City Council.
(Ord. 2201 §1 (part), 2008)
9.44.020 Definitions
For the purpose of this ordinance, the following definitions
shall apply in the interpretation and enforcement of this ordinance:
1. “Affected Employee” means a full-time employee
who begins his or her regular workday at a single worksite
between 6:00 and 9:00AM (inclusive) on two or more weekdays for
at least 12 continuous months. Seasonal, agricultural employees,
including seasonal employees of processors of agricultural
products, are excluded from the count of affected employees.
2. “Affected Employer” means an employer that
employs 100 or more full-time employees at a single worksite who
are scheduled to begin their regular workday between 6:00 and
9:00AM (inclusive) on two or more weekdays for at least 12
continuous months. Construction worksites, when the expected
duration of the construction is less than two years, are excluded
from this definition.
3. “Alternative Mode” means any means of commute
transportation other than that in which the single-occupant motor
vehicle is the dominant mode, including telecommuting and
compressed work weeks, if they result in reducing commute trips.
4. “Alternative Work Schedules” means programs such
as compressed work weeks that eliminate work trips for affected
employees.
5. “Base Year” means the 12-month period that
commences when a major employer is determined by the local
jurisdiction to be participating within the local CTR program. The
City of Tukwila uses this 12-month period as the basis upon which
it develops local commute trip reduction goals.
6. “Base Year Survey” or “Baseline Measurement”
means the survey, during the base year, of employees at a major
employer worksite to determine the drive-alone rate and vehicle
miles traveled per employee at the worksite. The jurisdiction uses
this measurement to develop commute trip reduction goals for the
major employer. The baseline measurement must be implemented
in a manner that meets the requirements specified by the City of
Tukwila.
7. “Carpool” means a motor vehicle, occupied by two to
six people traveling together for their commute trip, resulting in the
reduction of a minimum of one motor vehicle commute trip.
8. “Commute Trips” means trips made from a worker’s
home to a worksite (inclusive) on weekdays.
9. “CTR Plan” means the City of Tukwila’s plan and
ordinance to regulate and administer the CTR programs of
affected employers within its jurisdiction.
10. “CTR Program” means an employer’s strategies to
reduce employees’ drive- alone commutes and vehicle miles
traveled (VMT) per employee.
11. “Compressed Work Week” means an alternative
work schedule, in accordance with employer policy, that regularly
allows a full-time employee to eliminate at least one work day
every two weeks by working longer hours during the remaining
days, resulting in fewer commute trips by the employee. This
definition is primarily intended to include weekly and bi-weekly
arrangements, the most typical being four 10-hour days or 80
hours in nine days, but may also include other arrangements.
12. “Custom Bus/Buspool” means a commuter bus
service arranged specifically to transport employees to work.
13. “Dominant Mode” means the mode of travel used for
the greatest distance of a commute trip.
14. “Drive Alone” means a motor vehicle occupied by
one employee for commute purposes, including a motorcycle.
15. “Drive-Alone Trips” means commute trips made by
affected employees in single occupant vehicles.
16. “Employee” means anyone who receives financial or
other remuneration in exchange for work provided to an employer,
including owners or partner of the employer.
17. “Employee Transportation Coordinator (ETC)”
means a person who is designated as responsible for the
development, implementation and monitoring of an employer’s
CTR program.
18. “Employer” means a sole proprietorship,
partnership, corporation, unincorporated association, cooperative,
joint venture, agency, department, district, or other individual or
entity, whether public, non-profit or private, that employs workers.
19. “Exemption” means a waiver from any or all CTR
program requirements granted to an employer by a city, based on
unique conditions that apply to the employer or employment site.
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20. “Flex-Time” is an employer policy that provides work
schedules allowing individual employees flexibility in choosing the
start and end time, but not the number of their working hours.
21. “Full-Time Employee” means a person, other than
an independent contractor, scheduled to be employed on a
continuous basis for 52 weeks for an average of at least 35 hours
per week.
22. “Good Faith Effort” means that an employer has met
the minimum requirements identified in RCW 70.94.531 and this
ordinance, and is working collaboratively with the City of Tukwila
to continue its existing CTR program or is developing and
implementing program modifications likely to result in
improvements to its CTR program over an agreed-upon length of
time.
23. “Implementation” means active pursuit by an
employer of the CTR goals of RCW 70.94.521-555 and this
ordinance, as evidenced by appointment of an ETC, distribution of
information to employees regarding alternatives to drive-alone
commuting, and commencement of other measures according to
its approved CTR program and schedule.
24. “Major Employer” means a private or public
employer, including state agencies, that employs 100 or more full-
time employees at a single worksite who begin their regular
workday between 6:00 and 9:00 AM on weekdays for at least 12
continuous months during the year.
25. “Major Employer Worksite” or “Affected Employer
Worksite” or “Worksite” means the physical location occupied by
a major employer, as determined by the local jurisdiction.
26. “Major Employment Installation” means a military
base or federal reservation, or other facilities as designated by the
City of Tukwila, at which there are 100 or more full-time employees
who begin their regular workday between 6:00 and 9:00 AM on
weekdays for at least 12 continuous months during the year.
27. “Mode” is the means of transportation or alternate
mode used by employees, such as single-occupant motor vehicle,
rideshare vehicle (carpool, vanpool), transit, ferry, bicycle,
walking, compressed work schedule and telecommuting.
28. “Notice” means written communication delivered via
the United States Postal Service with receipt deemed accepted
three days following the day on which the notice was deposited
with the Postal Service, unless the third day falls on a weekend or
legal holiday, in which case the notice is deemed accepted the day
after the weekend or legal holiday.
29. “Peak Period” means the hours between 6:00 and
9:00 AM (inclusive), Monday through Friday, except legal holidays.
30. “Peak Period Trip” means any employee trip that
delivers the employee to begin his or her regular workday between
6:00 and 9:00 AM (inclusive), Monday through Friday, except legal
holidays.
31. “Proportion of Drive-Alone Trips” or “Drive-Alone
Rate” means the number of commute trips over a set period made
by affected employees in single-occupancy vehicles, divided by
the number of potential trips taken by affected employees working
during that period.
32. “Ride Matching Service” means a system that
assists in matching commuters for the purpose of commuting
together.
33. “Telecommuting” means the use of telephones,
computers, or other similar technology to permit an employee to
work from home, eliminating a commute trip, or to work from a
work place closer to home, reducing the distance traveled in a
commute trip by at least half.
34. “Transit” means a multiple-occupant vehicle
operated on a for-hire, shared-ride basis, including bus, passenger
ferry, rail, shared-ride taxi, shuttle bus, or vanpool.
35. “Transportation Demand Management (TDM)”
means a broad range of strategies that are primarily intended to
reduce and reshape demand on the transportation system.
36. “Transportation Management Association (TMA)”
means a group of employers or an association representing a
group of employers in a defined geographic area. A TMA may
represent employers within specific city limits or may have a
sphere of influence that extends beyond city limits.
37. “Urban Growth Area” means the City of Tukwila in its
entirety.
38. “Vanpool” means a vehicle occupied by 4 to 15
people traveling together for their commute trip, resulting in the
reduction of a minimum of one motor vehicle trip.
39. “Vehicle Miles Traveled (VMT) Per Employee”
means the sum of the individual vehicle commute trip lengths in
miles made by employees over a set period, divided by the number
of employees during that period.
40. “Week” means a seven-day calendar period starting
on Monday and continuing through Sunday.
41. “Weekday” means any day of the week except
Saturday or Sunday.
42. “Writing,” “Written” or “In Writing” means original
signed and dated documents. Facsimile (fax) transmissions are a
temporary notice of action that must be followed by the original
signed and dated document via mail or delivery.
(Ord. 2201 §1(part), 2008)
9.44.030 CTR Goals
A. Commute Trip Reduction Goals for the Urban Growth
Area.
1. The City of Tukwila’s goals for reductions in the
proportions of drive-alone commute trips and vehicle miles
traveled (VMT) per employee by affected employers in the City are
hereby established by reference to the City of Tukwila’s CTR plan.
These goals establish the desired level of performance for the
CTR program in its entirety in the City of Tukwila. Future adopted
versions of the CTR plan may establish new goals for the urban
growth area and affected employers. This ordinance is not
required to be amended in order for the new adopted goals to take
effect.
2. The City of Tukwila will set the individual worksite
goals for affected employers based on how the worksite can
contribute to the City’s overall goal for its urban growth area.
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B. Commute Trip Reduction Goals for the Urban Growth
Area.
1. The drive-alone and VMT goals for affected
employers in the City are hereby established as set forth in the
CTR plan.
2. If the goals for an affected employer or newly-
affected employer are not listed in the CTR plan, they shall be
established by Tukwila at a level designed to achieve the goals for
the urban growth area. The City shall provide written notification
of the goals for each affected employer worksite by either
incorporating the information into the results of the baseline
measurement or subsequent survey measurements, or providing
the information when the City reviews the employer’s proposed
CTR program.
3. Each affected employer is required to develop and
implement a CTR program that is designed to meet the affected
worksite’s assigned CTR goals.
C. Recognition for Commute Trip Reduction Efforts. As
public recognition for their efforts, affected employers who meet or
exceed the CTR goals as set forth in Section 9.44.030.B will
receive a Commute Trip Reduction Certificate of Leadership from
the City.
(Ord. 2201 §1(part), 2008)
9.44.040 Responsible City Agencies
The Mayor of the City of Tukwila shall be responsible for
implementing this ordinance, the CTR plan, and the City’s CTR
program, together with any authority necessary to carry out such
responsibilities such as rule-making or certain administrative
decisions.
(Ord. 2201 §1(part), 2008)
9.44.050 Applicability
A. Generally, the provisions of this ordinance shall apply to
any affected employer within the corporate city limits of the City of
Tukwila.
B. Notification of Applicability.
1. In addition to the City’s established public notification
for adoption of an ordinance, a notice of availability of a summary
of this ordinance, a notice of the requirements and criteria for
affected employers to comply with the ordinance, and subsequent
revisions shall be published at least once in the newspaper of
record of the City of Tukwila, not more than 30 days after passage
of this ordinance or amendments.
2. Affected employers located in Tukwila are to receive
written notification that they are subject to this ordinance. Such
notice shall be addressed to the company's ’hief executive officer,
senior official, or ETC at the worksite. Such notification shall
provide 90 days for the affected employer to perform a baseline
measurement consistent with the measurement requirements
outlined by WAC 468-63-050 or as defined by the City of Tukwila
CTR Coordinator.
3. Affected employers that, for whatever reason, do not
receive notice within 30 days of passage of the ordinance and are
either notified or identify themselves to the City within 90 days of
the passage of the ordinance will be granted an extension of up to
90 days within which to perform a baseline measurement
consistent with the measurement requirements specified by the
City.
4. Affected employers that have not been identified or
do not identify themselves within 90 days of the passage of the
ordinance and do not perform a baseline measurement consistent
with the measurement requirements specified by the City within 90
days from the passage of the ordinance are in violation of this
ordinance.
5. If an affected employer has already performed a
baseline measurement, or an alternative acceptable to the City
under previous iterations of this ordinance, the employer is not
required to perform another baseline measurement.
C. Newly-Affected Employers.
1. Employers meeting the definition of "affected
employer" in this ordinance must identify themselves to the City
within 90 days of either moving into the boundaries of Tukwila or
growing in employment at a worksite to 100 or more affected
employees. Employers who do not identify themselves within 90
days are in violation of this ordinance.
2. Newly-affected employers identified as such shall be
given 90 days to perform a baseline measurement consistent with
the measurement requirements specified by the City. Employers
who do not perform a baseline measurement within 90 days of
receiving written notification that they are subject to this ordinance
are in violation of this ordinance.
3. Newly-affected employers identified as such will also
be given 90 days to designate an ETC to work closely with the
City’s CTR Coordinator to develop, implement, and monitor
strategies and processes to meet defined CTR goals for their
specific job site. If for any reason the ETC is displaced from the
position, a new Transportation Coordinator must be designated by
the employer within 90 days. Employers who fail to designate an
ETC within 90 days of being identified as an affected employer, or
in the event of the absence of a current ETC position, are in
violation of this ordinance.
4. Not more than 90 days after receiving written
notification of the results of the baseline measurement, the newly-
affected employer shall develop and submit a commute trip
reduction program to the City of Tukwila. The program shall be
implemented not more than 90 days after approval by the City.
Employers who do not implement an approved commute trip
reduction plan according to this schedule are in violation of this
ordinance.
D. Change in Status as an Affected Employer. Any of the
following changes in an employer's status will change the
employer's CTR program requirements:
1. If an employer initially designated as an affected
employer no longer employs 100 or more affected employees and
expects not to employ 100 or more affected employees for the next
12 months, that employer is no longer an affected employer. It is
the responsibility of the employer to notify the City that it is no
longer an affected employer.
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2. If the same employer returns to the level of 100 or
more affected employees within the same 12 months, that
employer will be considered an affected employer for the entire 12
months and will be subject to the same program requirements as
other affected employers.
3. If the same employer returns to the level of 100 or
more affected employees 12 or more months after its change in
status to an "unffected" employer, that employer shall be treated
as a newly-affected employer and will be subject to the same
program requirements as other newly-affected employers.
(Ord. 2201 §1(part), 2008)
9.44.060 Requirements for Employers
A. Compliance Required. An affected employer is required
to make a good faith effort, as defined in RCW 70.94.534(2) and
this ordinance, to develop and implement a CTR program that will
encourage its employees to reduce VMT per employee and drive-
alone commute trips. The employer shall submit a description of
its program to the City of Tukwila, and provide an annual progress
report to the City on employee commuting and progress toward
meeting the drive-alone reduction goals. The CTR program must
include the mandatory elements as described in this section.
B. CTR Program Description Requirements.
1. The CTR program description presents the
strategies to be undertaken by an employer to achieve the
commute trip reduction goals for each goal year. Employers are
encouraged to consider innovative strategies and combine
program elements in a manner that will best suit their location, site
characteristics, business type, and employees' c’mmuting needs.
Employers are further encouraged to cooperate with each other
and to form or use transportation management associations in
developing and implementing CTR programs.
2. At a minimum, the employer's CTR program
description must include:
a. a general description of the employment site
location, transportation characteristics, and surrounding services,
including unique conditions experienced by the employer or its
employees;
b. number of employees affected by the CTR
program;
c. documentation of compliance with the mandatory
CTR program elements (as described in this section);
d. description of the additional elements included in
the CTR program (as described in this section); and
e. a schedule of implementation, assignment of
responsibilities, and commitment to provide appropriate
resources.
C. Mandatory Program Elements. Each employer's ’TR
program shall include the following mandatory elements:
1. Employee Transportation Coordinator. The
employer shall designate an ETC to administer the CTR program.
The ETC and/or designee's name, location, and telephone number
must be displayed prominently at each affected worksite. The
ETC shall oversee all elements of the employer's CTR program
and act as liaison between the employer and the City of Tukwila.
The objective is to have an effective Transportation Coordinator
presence at each worksite; an affected employer with multiple
sites may have one ETC for all sites. The Transportation
Coordinator must complete the basic ETC training course as
provided by King County within six months of assuming the status
of designated transportation coordinator, in order to help ensure
consistent knowledge and understanding of CTR laws, rules, and
guidelines statewide.
2. Information Distribution. Information about
alternatives to drive-alone commuting shall be provided to
employees at least once a year. Each employer's ’rogram
description and annual report must report the information to be
distributed and the method of distribution. The information
distributed shall be forwarded to the City’s CTR Coordinator upon
distribution to employees, to ensure a consistent marketing
element in promoting the targeted and accomplished goals of the
employer’s CTR program.
3. Regular Review. The CTR program must include a
regular review of employee commuting and progress and good-
faith efforts toward meeting the drive-alone reduction goals.
Affected employers shall file a regular progress report with the City
of Tukwila in accordance with the format provided by the City. The
report shall describe each of the CTR measures that were in effect
for the previous year, the results of any commuter surveys
undertaken during the year, and the number of employees
participating in CTR programs. Within the report, the employer
should evaluate the effectiveness of the CTR program and, if
necessary, propose modifications to achieve the CTR goals.
Survey information or approved alternative information must be
provided in the reports.
4. Biennial Measurement. In addition to the baseline
measurement, employers shall conduct a program evaluation as
a means of determining worksite progress toward meeting CTR
goals. As part of the program evaluation, the employer shall
distribute and collect Commute Trip Reduction Program Employee
Questionnaires (surveys) every two years, and strive to achieve at
least a 70% response rate from employees at the worksite.
D. Additional Program Elements. In addition to the specific
program elements described in this section, the employer's ’TR
program shall include additional elements as needed to meet CTR
goals. Elements may include, but are not limited to, one or more
of the following:
1. Provision of preferential parking or reduced parking
charges, or both, for high-occupancy vehicles;
2. Instituting or increasing parking charges for drive-
alone commuters;
3. Provision of commuter ride matching services to
facilitate employee ride-sharing for commute trips;
4. Provision of subsidies for transit or vanpool fares
and/or transit passes;
5. Provision of vans or buses for employee ridesharing;
6. Provision of subsidies for carpools or vanpools;
7. Provision of incentives for employees that do not
drive alone to work;
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8. Permitting the use of the employer's ’ehicles for
carpooling or vanpooling;
9. Permitting flexible work schedules to facilitate
employees' u’e of transit, carpools, or vanpools;
10. Cooperation with transportation providers to provide
additional regular or express service to the worksite;
11. Construction of special loading and unloading
facilities for transit, carpool, and vanpool users;
12. Provision of bicycle parking facilities, lockers,
changing areas, and showers for employees who bicycle or walk
to work;
13. Provision of a program of parking incentives such as
a rebate for employees who do not use the parking facilities;
14. Establishment of a program to permit employees to
work part-time or full-time at home or at an alternative worksite
closer to their homes;
15. Establishment of a program of alternative work
schedules, such as a compressed work week, which reduces
commuting;
16. Implementation of other measures designed to
facilitate the use of high-occupancy vehicles, such as on-site
daycare facilities and emergency taxi services;
17. Charging employees for parking, and/or the
elimination of free parking;
18. Intensive marketing campaigns through the
distribution of informational newsletters, emails, brochures, or
memos in a consistent manner.
(Ord. 2201 §1 (part), 2008)
9.44.070 Record Keeping
Affected employers shall include a list of the records they will
keep as part of the CTR program as submitted to the City of
Tukwila for approval. Employers will maintain all records listed in
their CTR program for a minimum of 24 months. The City and the
employer shall agree on the recordkeeping requirements as part
of the accepted CTR program.
(Ord. 2201 §1 (part), 2008)
9.44.080 Schedule and Process for CTR Reports
A. CTR Program. Not more than 90 days after the adoption
of this ordinance, or within three months after an employer
qualifies under the provisions of this ordinance, the employer shall
perform a baseline measurement consistent with the
measurement requirements specified by the City of Tukwila. Not
more than 90 days after receiving written notification of the results
of the baseline measurement, the newly-affected employer shall
develop and submit a commute trip reduction program to the City’s
CTR Coordinator. The program shall be implemented not more
than 90 days after approval by the CTR Coordinator.
B. Document Review. The City of Tukwila shall provide the
employer with written notification if a CTR program is deemed
unacceptable. The notification must give cause for any rejection.
If the employer receives no written notification of extension of the
review period of its CTR program or comment on the CTR program
or annual report within 90 days of submission, the employer's
’rogram or annual report is deemed accepted. The City may
extend the review period up to an additional 90 days. The
implementation date for the employer's CTR program will be
extended an equivalent number of days.
C. CTR Annual Progress Reports. Upon review of an
employer's ’nitial CTR program, the City of Tukwila shall establish
the employer's ’nnual reporting date, which shall not be less than
12 months from the day the program is submitted. Each year on
the employer's ’eporting date, the employer shall submit to the City
its annual CTR report.
D. Modification of CTR Program Elements. Any affected
employer may submit a request to the City of Tukwila for
modification of CTR requirements. Such request may be granted
if one of the following conditions exist:
1. The employer can demonstrate it would be unable to
comply with the CTR program elements for reasons beyond the
control of the employer; or
2. The employer can demonstrate that compliance with
the program elements would constitute an undue hardship.
E. Extensions. An employer may request additional time
to submit a CTR program or CTR annual progress report or to
implement or modify a program. Such requests shall be via written
notice at least 30 days before the due date for which the extension
is being requested. Extensions not to exceed 90 days shall be
considered for reasonable causes. The City of Tukwila shall grant
or deny the employer's ’xtension request by written notice within
ten working days of its receipt of the extension request. If there is
no response issued to the employer, an extension is automatically
granted for 30 days. Extensions shall not exempt an employer
from any responsibility in meeting program goals. Extensions
granted due to delays or difficulties with any program element(s)
shall not be cause for discontinuing or failing to implement other
program elements. An employer's annual reporting date shall not
be adjusted permanently as a result of these extensions. An
employer's annual reporting date may be extended at the
discretion of the City.
F. Implementation of Employer's CTR Program. Unless
extensions are granted, the employer shall implement its approved
CTR program, including approved program modifications, not
more than 90 days after receiving written notice from the City of
Tukwila that the program has been approved.
(Ord. 2201 §1 (part), 2008)
9.44.090 Enforcement
A. Compliance. For purposes of this section, compliance
shall mean fully implementing in good faith all provisions in an
approved CTR program.
B. Program Modification Criteria. The following criteria for
achieving goals for VMT per employee and proportion of drive-
alone trips shall be applied in determining requirements for
employer CTR program modifications:
1. If an employer meets either or both goals, the
employer has satisfied the objectives of the CTR plan and will not
be required to modify its CTR program.
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2. If an employer makes a good faith effort, as defined
in RCW 70.94.534(2) and this ordinance, but has not met or is not
likely to meet the applicable drive-alone or VMT goal, the
City/County shall work collaboratively with the employer to make
modifications to its CTR program. After agreeing on modifications,
the employer shall submit a revised CTR program description to
the City/County for approval within 30 days of reaching
agreement.
3. If an employer fails to make a good faith effort as
defined in RCW 70.94.534(2) and this ordinance, and fails to meet
the applicable drive-alone or VMT reduction goal, the City of
Tukwila shall work collaboratively with the employer to identify
modifications to the CTR program, and shall direct the employer
to revise its program within 30 days to incorporate the
modifications. In response to the recommended modifications, the
employer shall submit a revised CTR program description,
including the requested modifications or equivalent measures,
within 30 days of receiving written notice to revise its program. The
City shall review the revisions and notify the employer of
acceptance or rejection of the revised program. If a revised
program is not accepted, the City will send written notice to that
effect to the employer within 30 days and, if necessary, require the
employer to attend a conference with program review staff for the
purpose of reaching a consensus on the required program. A final
decision on the required program will be issued in writing by the
City within ten working days of the conference.
C. Violations. The following constitute violations if the
deadlines established in this ordinance are not met:
1. Failure to perform a baseline measurement,
including:
a. Employers notified or that have identified
themselves to the City of Tukwila within 90 days of the ordinance
being adopted and that do not perform a baseline measurement
consistent with the requirements specified by the City within 90
days from the notification or self-identification.
b. Employers not identified or self-identified within
90 days of the ordinance being adopted and that do not perform a
baseline measurement consistent with the requirements specified
by the City within 90 days from the adoption of the ordinance.
2. Failure to develop and/or submit on time a complete
CTR program.
3. Failure to implement an approved CTR program,
unless the program elements that are carried out can be shown
through quantifiable evidence to meet or exceed VMT and drive-
alone goals as specified in this ordinance.
4. Failure to designate an ETC within 90 days from
notification or self-identification, to implement and carry out the
approved CTR program elements.
5. Failure to make a good faith effort, as defined in
RCW 70.94.534 and this ordinance.
6. Failure to revise a CTR program as defined in RCW
70.94.534(4) and this ordinance.
D. Penalties.
1. No affected employer with an approved CTR
program, which has made a good faith effort, may be held liable
for failure to reach the applicable drive-alone or VMT goal.
2. Any violation of any provision, or failure to comply
with any of the requirements of this chapter, shall be subject to the
terms and conditions of Chapter 8.45.
3. An affected employer shall not be liable for civil
penalties if failure to implement an element of a CTR program was
the result of an inability to reach agreement with a certified
collective bargaining agent under applicable laws where the issue
was raised by the employer and pursued in good faith. Unionized
employers shall be presumed to act in good faith compliance if
they:
a. Propose to a recognized union any provision of
the employer's CTR program that is subject to bargaining as
defined by the National Labor Relations Act; and
b. Advise the union of the existence of the statute
and the mandates of the CTR program approved by the City of
Tukwila, and advise the union that the proposal being made is
necessary for compliance with State law (RCW 70.94.531).
(Ord. 2201 §1 (part), 2008)
9.44.100 Exemptions and Goal Modifications
A. Worksite Exemptions. An affected employer may request
the City of Tukwila to grant an exemption from all CTR program
requirements or penalties for a particular worksite. The employer
must demonstrate that it would experience undue hardship in
complying with the requirements of the ordinance as a result of the
characteristics of its business, its work force, or its location(s). An
exemption may be granted if, and only if, the affected employer
demonstrates that it faces extraordinary circumstances, such as
bankruptcy, and is unable to implement any measures that could
reduce the proportion of drive-alone trips and VMT per employee.
The City shall issue a decision regarding an exemption no more
than 30 days from receiving a written request from the employer
for such status. The notice should clearly explain the conditions
for which the affected employer is seeking an exemption from the
requirements of the CTR program. Appeals to these decisions are
addressed in Section 9.44.110, "Appeals," of this ordinance. The
City shall review annually all employers receiving exemptions, and
shall determine whether the exemption will be in effect during the
following program year.
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B. Employee Exemptions. Specific employees or groups of
employees who are required to drive alone to work as a condition
of employment may be exempted from a worksite’s CTR program.
Exemptions may also be granted for employees who work variable
shifts throughout the year and who do not rotate as a group to
identical shifts. The City of Tukwila will use the criteria identified
in the State CTR Board Guidelines outlined in RCW 70.94.521 to
assess the validity of employee exemption requests. All employee
exemption requests received by September 30 of each year shall
be administratively reviewed by December 31 of the same year,
and shall determine whether the exemption will be in effect during
the following program year.
C. Modification of CTR Program Goals.
1. An affected employer may request that the City of
Tukwila modify its CTR program goals. Such requests shall be
filed in writing at least 60 days prior to the date the worksite is
required to submit its program description or annual report. The
goal modification request must clearly explain why the worksite is
unable to achieve the applicable goal. The worksite must also
demonstrate that it has implemented all of the elements contained
in its approved CTR program.
2. The City of Tukwila will review and grant or deny
requests for goal modifications in accordance with procedures and
criteria identified in the CTR Board Guidelines.
3. An employer may not request a modification of the
applicable goals until one year after the City’s approval of its initial
program description or annual report.
(Ord. 2201 §1 (part), 2008)
9.44.110 Appeals
A. Any affected employer may appeal administrative
decisions made by the City regarding exemptions, modification of
goals, CTR program elements. Appeals must arrive, by registered
mail, within 14 calendar days following an administrative decision
from the City. An appeal must be made in writing and specify the
decision being appealed, as well as the specific basis for the
appeal.
B. The City’s Hearing Examiner shall hear timely appeals.
Determinations made in the review of such appeals shall be based
on consistency with State statutes RCW 70.94.521-551.
(Ord. 2201 §1 (part), 2008)
CHAPTER 9.48
CONCURRENCY STANDARDS AND
TRANSPORTATION IMPACT FEES
Sections:
9.48.010 Authority and Purpose
9.48.020 Definitions
9.48.030 Imposition of Transportation Impact Fees
9.48.040 Calculation of Impact Fees
9.48.050 Credit
9.48.060 Time of Payment of Impact Fees
9.48.070 Adjustments
9.48.080 Establishment of Impact Fee Account
9.48.090 Use of Impact Fees
9.48.095 Transportation Impact Fee Deferral
9.48.100 Plan and Fee Update
9.48.110 Refunds
9.48.120 Appeals
9.48.125 Exemptions
9.48.130 Residential Impact Fee Deferral
9.48.150 Authority Unimpaired
9.48.160 Relationship to SEPA
9.48.010 Authority and Purpose
A. Authority. The City of Tukwila’s impact fee financing
program has been developed pursuant to the City of Tukwila’s
police powers, the Growth Management Act as codified in Chapter
36.70A of the Revised Code of Washington (RCW), the enabling
authority in RCW Chapter 82.02, RCW Chapter 58.17 relating to
platting and subdivisions and the State Environmental Policy Act
(SEPA), and RCW Chapter 42.12C.
B. Purpose. The purpose of the financing plan is to:
1. Develop a program consistent with Tukwila’s
Comprehensive Plan, the Six- Year Transportation Program and
the Capital Improvement Program, for joint public and private
financing of transportation improvements necessitated in whole or
in part by development within the City of Tukwila;
2. Ensure adequate levels of transportation and traffic
service consistent with the level of service identified in the
Comprehensive Plan;
3. Create a mechanism to charge and collect fees to
ensure that new development bears its proportionate share of the
capital costs of transportation facilities necessitated by new
development; and
4. Ensure fair collection and administration of such
transportation impact fees.
C. The provisions of the City of Tukwila’s impact fee
ordinance shall be liberally construed to effectively carry out its
purpose in the interests of the public health, safety and welfare.
(Ord. 2111 §1 (part), 2005)
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9.48.020 Definitions
The words and terms contained in this chapter shall have the
following meanings for the purposes of this chapter, unless the
context clearly requires otherwise. Terms or words not defined
herein shall be defined pursuant to RCW 82.02.090 when given
their usual and customary meaning.
1. The “Act” means the Growth Management Act,
Chapter 17, Laws of 1990, First Extraordinary Session, Chapter
36.70A RCW et seq., and Chapter 32, Laws of 1991, First Special
Session, as now in existence or hereinafter amended.
2. “Building permit” means an official document or
certification of the City of Tukwila issued by the City’s building
official which authorizes the construction, alteration, enlargement,
conversion, reconstruction, remodeling, rehabilitation, erection,
placement, demolition, moving, or repair of a building or structure.
3. “City” means the City of Tukwila, Washington.
4. “Development” means the construction,
reconstruction, conversion, structural alteration, relocation or
enlargement of any structure that requires a building permit.
5. “Development activity” means any construction of a
building or structure that creates additional demand and need for
transportation facilities.
6. “Development approval” means any written
authorization from the City, which authorizes the commencement
of the “development activity.”
7. “Early Learning Facility” is defined consistent with
RCW 43.31.565(3) as now enacted or hereafter amended.
8. “Fee payer” is a person, corporation, partnership, an
incorporated association or governmental agency, municipality, or
similar entity commencing a land development activity, which
requires a building permit and creates a demand for additional
facilities.
9. “Impact fee” means the payment of money imposed
by the City on development activity pursuant to this chapter as a
condition of granting development approval, in order to pay for the
transportation facilities needed to serve new growth and
development that is a proportionate share of the cost of the capital
facilities that is used for facilities that reasonably benefit new
development. Impact fees are independent of a permit fee, an
application fee, a concurrency test fee, and the administrative fee
for collecting and handling impact fees or cost of reviewing
independent fee calculations.
10. “Letter encumbered” means to reserve, set aside, or
earmark the impact fees in order to pay for commitments,
contractual obligations, or other liabilities incurred for the provision
of transportation facilities.
11. “Low-income housing” means housing where
monthly costs, including utilities other than telephone, do not
exceed 30% of the resident’s household monthly income and
where household monthly income must be 80 percent or less of
the King County Median family income adjusted for family size as
reported by the U.S. Department of Housing and Urban
Development.
12. “Owner” means the owner of record of real property,
as found in the records of King County, Washington, or a person
with an unrestricted written option to purchase property; provided,
that if the real property is being purchased under a recorded real
estate contract, the purchaser shall be considered the owner of
the property.
13. “Proportionate fair share” means that portion of the
cost for transportation facility improvements that are reasonably
related to the service demands and needs of new development.
(Ord. 2657 §1, 2021; Ord. 2521 §1, 2016;
Ord. 2305 §1, 2010; Ord. 2111 §1 (part), 2005)
9.48.030 Imposition of Transportation Impact Fees
A. The City hereby authorizes the assessment and
collection of impact fees on development activity at the rates set
forth in Figure 9-1.
B. Transportation impact fees imposed by this chapter:
1. Shall only be imposed for system improvements that
are reasonably related to the new development;
2. Shall not exceed the proportionate fair share of the
costs of system improvements that are reasonably related to the
new development;
3. Shall be used for the system improvements that will
reasonably benefit new development;
4. May be collected and spent only for system
improvements, which are provided for in the transportation
element of the Capital Improvement Plan and Comprehensive
Land Use Plan;
5. Shall not be used to correct existing transportation
system deficiencies as of the date of adoption of this chapter; and
6. Shall be collected only once for each development,
unless changes or modifications to the development are proposed
which result in greater direct impacts on transportation facilities
than were considered when the development was first approved.
(Ord. 2156 §1, 2007; Ord. 2111 §1 (part), 2005)
9.48.040 Calculation of Impact Fees
A. The method of calculating the transportation impact fees
in this chapter incorporate, among other things, the following:
1. The cost of public streets and roads necessitated by
new development;
2. An adjustment to the costs of the public streets and
roadways for past or future mitigation payments made by previous
development to pay for a particular system improvement that was
prorated to the particular street improvement;
3. The availability of other means of funding public
street and roadway improvements; and
4. The methods by which public street and roadway
improvements were financed.
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B. Fees for development shall be calculated based on their
net new "p.m. peak hour" trip generation rates as determined by
the Public Works Director, or designee, applying the ITE Trip
Generation Manual. If the proposed development activity
concerns an existing use, the fee shall be based on net new trips
generated by the redevelopment. If an existing building has not
been used for its intended purpose or has been vacant for twelve
months or more preceding application, no credit for existing trips shall
be given.
(Ord. 2622 §2, 2019; Ord. 2305 §2, 2010;
Ord. 2111 §1 (part), 2005)
9.48.050 Credit
A credit, not to exceed the impact fee otherwise payable, shall
be provided for the fair market value of any dedication of land for,
improvement to, or new construction of any system improvements
provided by the developer, to facilities that are identified in the
Capital Improvement Program and that are required as a condition
of approving the development activity. The determination of
“value” shall be consistent with the assumptions and methodology
used by the City in estimating the capital improvement costs.
(Ord. 2111 §1 (part), 2005)
9.48.060 Time of Payment of Impact Fees
A. The impact fees imposed pursuant to this chapter shall
be assessed by the City at the time of the application for the
development permit, and shall be due and payable in full at the
time of issuance of such permit, unless a fee deferral agreement
is executed pursuant to TMC 9.48.095. The fee paid shall be the
amount in effect as of the date of the permit issuance.
B. Impact fees may be paid under protest in order to obtain
a permit or other approval of development activity.
(Ord. 2484 §1, 2015; Ord. 2305 §3, 2010
Ord. 2111 §1 (part), 2005)
9.48.070 Adjustments
A. The amount of fee to be imposed on a particular
development may be adjusted by the Public Works Director, giving
consideration to studies and other data submitted by the developer
demonstrating by clear and convincing evidence that an
adjustment should be made in order to carry out the purposes of
this chapter.
B. The Public Works Director shall review the study to
determine if the adjustment request:
1. Is based on accepted impact fee assessment
practices and methodologies;
2. Uses acceptable data sources and if the data used
is comparable with the uses and intensities planned for the
proposed development activity;
3. Complies with the applicable State laws governing
impact fees;
4. Is prepared and documented by professionals who
are mutually agreeable to the City and the developer and are
qualified in their respective fields; and
5. Shows the basis upon which the independent fee
calculation was made.
C. In reviewing the study, the Public Works Director may
require the developer to submit additional or different
documentation. If the Public Works Director agrees with the
study’s findings, an adjustment to the impact fee will be made. If
a compelling case has not been made, the developer shall pay the
full impact fee amount.
D. A developer requesting an adjustment or independent
fee calculation may pay the impact fees imposed by this chapter
to obtain a building permit while the City determines whether to
partially reimburse the developer by making an adjustment or
accepting the independent fee calculation.
(Ord. 2111 §1 (part), 2005)
9.48.080 Establishment of Impact Fee Account
Impact fees received pursuant to this chapter shall be
earmarked and retained in special interest-bearing accounts. All
interest shall be retained in the account and expended for the
purpose or purposes for which the impact fees were collected.
(Ord. 2111 §1 (part), 2005)
9.48.090 Use of Impact Fees
A. Pursuant to this chapter, impact fees shall be used for
facilities that will reasonably benefit the City and its residents.
B. Fees shall not be used to make up deficiencies in City
facilities serving an existing development.
C. Fees shall not be used for maintenance and operations,
including personnel.
D. Traffic impact fees shall be used for but not limited to land
acquisition, site improvements, engineering and architectural
services, permitting, financing, administrative expenses and
applicable mitigation costs, and capital equipment pertaining to
transportation systems and facilities.
E. Traffic impact fees may also be used to recoup public
improvement costs incurred by the City to the extent that new
growth and development will be served by the previously
constructed improvement.
F. In the event bonds or similar debt instruments are or have
been issued for system improvements, impact fees may be used
to pay the principal on such bonds.
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G. Transportation impact fees shall be expended or letter
encumbered for a permissible use within ten years of receipt,
unless there exists an extraordinary or compelling reason for fees
to be held longer than ten years. The Public Works Director may
recommend to the Council that the City hold fees beyond ten years
in cases where extraordinary or compelling reasons exist. Such
reasons shall be identified in written findings by the Council.
H. The Finance Director shall prepare an annual report on
the transportation impact fee account showing the source and
amount of all moneys collected, earned or received and projects
that were financed in whole or in part by transportation impact
fees.
(Ord. 2622 §3, 2019; Ord. 2111 §1 (part), 2005)
9.48.095 Transportation Impact Fee Deferral
A. In order to encourage residential and mixed-use
development within the Tukwila Urban Center Transit-Oriented
Development (TUC-TOD) zoning district, fee deferrals of all or a
portion of the required transportation impact fees for a project may
be granted provided the following criteria are met:
1. The property owner must submit a technically-
complete building permit application clearly depicting the project
for which the fee deferral agreement would apply.
2. Before issuance of the building permit, the property
owner must submit a written letter requesting that the
transportation impact fee be deferred. The City will not consider
any fee deferral requests from a tenant, contractor, or other third
party. The request must be submitted to the City no later than
December 31, 2016.
3. The project must be located west of the Green River
and be within the TUC-TOD zoning district per Figure 18-16,
District Map, in Title 18 of the Tukwila Municipal Code.
4. The project must include at least 100 residential
units and at least 50 percent of the gross building square footage
must be used for residential purposes. For purposes of this
section, the term “residential” does not include hotels, motels, bed
and breakfasts or other similar transient lodging accommodations.
5. A fee deferral agreement between the City and the
property owner must be executed prior to issuance of the building
permit. The Mayor is authorized to execute such agreements on
behalf of the City. Provisions must be included in the agreement
to secure payment of the deferred impact fees, plus accrued
interest, in the case of default by the property owner. Provisions
may include, but are not limited to, a lien against subject property,
letter of credit and/or surety bond.
6. As part of the agreement, the property owner must
agree to waive any appeals under TMC Section 9.48.120.
B. The Mayor may consider other relevant information in
approving fee deferral requests including, but not limited to, the
ability of the property owner to satisfy the obligations of the
agreement and pay the deferred impact fees. The Mayor is
authorized to include any other provisions or requirements in the
deferral agreement that he/she deems necessary to meet the
intent of this chapter, to protect the financial interest of the City,
and/or to protect the public welfare.
C. Transportation impact fees may be deferred up to 10
years from the date of building permit issuance. The property
owner shall make 8 equal, annual installment payments to the
City, with the first payment due to the City no later than 36 months
after issuance of the building permit, with the final payment being
due no later than 120 months from issuance of the building permit.
The property owner may pay off the entire balance any time prior
to the end of the 10-year deferral term.
D. Interest shall be charged on deferred transportation
impact fees. The interest rate shall be the same as the stated
interest rate on the Ten Year US Treasury Note on the date the
building permit is issued (or closest date thereof). Interest shall be
compounded annually and shall begin to accrue upon issuance of
the building permit.
E. The transportation impact fee deferral agreement may be
consolidated with any agreements to defer fire, parks, or building
permit fees as outlined in TMC Chapters 16.26 and 16.28, and the
consolidated permit fee resolution adopted by the City Council.
(Ord. 2484 §2, 2015)
9.48.100 Plan and Fee Update
The impact fee may be updated annually to evaluate the
consistency of development density assumptions, estimated
project costs and adjusted for awarded grant funding, if any.
Updates that result in a change in impact fees will be reviewed by
the City Council. Impact fee changes will only occur through an
ordinance requiring Council action.
(Ord. 2111 §1 (part), 2005)
9.48.110 Refunds
A. A developer may request and shall receive a refund when
the developer does not proceed with the development activity for
which transportation impact fees were paid, and the developer
shows that no impact has resulted.
B. The developer must submit a request for a refund to the
City in writing within one year of the date the right to claim the
refund arises. Any transportation impact fees that are not
expended or encumbered within the time limitations established,
and for which no application for a refund has been made within
this one-year period, shall be retained and expended on any
project identified in the Capital Improvement Plan.
C. In the event that transportation impact fees must be
refunded for any reason, they shall be refunded with interest
earned to the applicant.
(Ord. 2111 §1 (part), 2005)
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9.48.120 Appeals
A. Any fee payer may pay the impact fees imposed by this
chapter under protest in order to obtain a building permit.
B. Appeals regarding traffic impact fees imposed on any
development activity may only be taken by the fee payer of the
property where such development activity will occur. No appeal
shall be permitted unless and until the impact fee at issue has
been paid.
C. Determinations of the Public Works Director or his
designee, with respect to the applicability of traffic impact fees to
a given development activity, or the availability of a credit, can be
appealed to the City’s Hearing Examiner. Such appeal shall be a
closed record appeal.
D. An appeal shall be taken within 10 working days of
payment of the impact fees under protest or within 10 working days
of the City’s issuance of a written determination of a credit or
exemption decision by filing with the City Clerk a notice of appeal
with an accompanying appeal fee, as set forth in the existing fee
schedule for land use decisions.
E. Notices of appeal shall contain the following information:
1. The name of the appealing party;
2. The address and phone number of the appealing
party; and
3. A statement identifying the decision being appealed
and the alleged errors in that decision. The notice of appeal shall
state specific errors of fact or errors in the application of the law to
the facts presented and shall also state the relief sought. The
scope of the appeal shall be limited to issues raised in the notice
of appeal.
(Ord 2305 §4, 2010; Ord. 2111 §1 (part), 2005)
9.48.125 Exemptions
A. The impact fees are generated from the formula for
calculating the fees as set forth in this chapter. The amount of the
impact fees is determined by the information depicted on Figure
9-1 herein. All development activity located within the City shall
be charged a transportation impact fee, provided that the following
exemptions shall apply.
B. The following shall be exempt from transportation impact
fees:
1. Replacement of a structure with a new structure
having the same use, at the same site, and with the same gross
floor area, when such replacement is within 12 months of
demolition or destruction of the previous structure.
2. Alteration, expansion, or remodeling of an existing
dwelling or structure where no new units are created and the use
is not changed.
3. Construction of an accessory residential structure.
4. Miscellaneous improvements including, but not
limited to, fences, walls, swimming pools and signs that do not
impact the transportation system.
5. Demolition of or moving an existing structure within
the City from one site to another.
6. Transportation impact fees for the construction of
low-income housing may be reduced at the discretion of the Public
Works Director when requested by the property owner in writing
prior to permit submittal and subject to the following criteria:
a. Submittal of a fiscal impact analysis of how a
reduction in impact fees for the project would contribute to the
creation of low-income housing;
b. Fee reduction table.
Unit Size Affordability Target 1
Fee Reduction
2 or more bedrooms 80% 2 40%
2 or more bedrooms 60% 2 60%
Any size 50% 2 80%
1 – Units to be sold or rented to a person or household whose
monthly housing costs, including utilities other than telephone, do
not exceed 30% of the household’s monthly income.
2 – Percentage of King County Median family income adjusted for
family size as reported by the U.S. Department of Housing and
Urban Development.
c. The developer must record a covenant per RCW
82.02.060 (3) that prohibits using the property for any purpose
other than for low-income housing at the original income limits for
a period of at least 10 years. At a minimum, the covenant must
address price restrictions and household income limits for the low-
income housing, and that if the property is converted to a use other
than low-income housing within 10 years, the property owner must
pay the City the applicable impact fees in effect at the time of
conversion.
7. Change of Use. A development permit for a change
of use that has less impact than the existing use shall not be
assessed a transportation impact fee.
8. A fee payer required to pay for system
improvements pursuant to RCW 43.21C.060 shall not be required
to pay an impact fee for the same improvements under this
ordinance.
9. An Early Learning Facility is exempt from paying 80
percent of the required Transportation Impact Fee.
(Ord. 2657 §2, 2021; Ord. 2622 §4, 2019; Ord. 2521 §2, 2016)
9.48.130 Residential Impact Fee Deferral
A. Purpose. The purpose of this chapter is to comply with
the requirements of RCW 82.02.050, as amended by ESB5923,
Chapter 241, Laws of 2015, to provide an impact fee deferral
process for single-family residential construction in order to
promote economic recovery in the construction industry.
B. Applicability.
1. The provisions of this chapter shall apply to all
impact fees established and adopted by the City pursuant to
Chapter 82.02 RCW, including transportation system impact fees
assessed under Tukwila Municipal Code Chapter 9.48.
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2. Subject to the limitations imposed in the Tukwila
Municipal Code, the provisions of this chapter shall apply to all
building permit applications for single-family detached and single-
family attached residential construction. For the purposes of this
chapter, an "applicant" includes an entity that controls the named
applicant, is controlled by the named applicant, or is under
common control with the named applicant.
C. Impact Fee Deferral.
1. Deferral Request Authorized. Applicants for single-
family attached or single-family detached residential building
permits may request to defer payment of required impact fees until
the sooner of:
a. final inspection; or
b. the closing of the first sale of the property
occurring after the issuance of the applicable building permit;
which request shall be granted so long as the requirements of
this chapter are satisfied.
2. Method of Request. A request for impact fee deferral
shall be declared at the time of preliminary plat application (for
platted development) or building permit application (for non-platted
development) in writing on a form or forms provided by the City,
along with applicable application fees.
3. Calculation of Impact Fees. The amount of impact
fees to be deferred under this chapter shall be determined as of
the date the request for deferral is submitted.
D. Deferral Term. The term of an impact fee deferral
granted under this chapter may not exceed 18 months from the
date the building permit is issued ("Deferral Term"). If the
condition triggering payment of the deferred impact fees does not
occur prior to the expiration of the Deferral Term, then full payment
of the impact fees shall be due on the last date of the Deferral
Term.
E. Deferred Impact Fee Lien.
1. Applicant's Duty to Record Lien. An applicant
requesting a deferral under this chapter must grant and record a
deferred impact fee lien, in an amount equal to the deferred impact
fees, against the property in favor of the City in accordance with
the requirements of RCW 82.02.050(3)(c).
2. Satisfaction of Lien. Upon receipt of final payment
of all deferred impact fees for the property, the City shall execute
a release of deferred impact fee lien for the property. The property
owner at the time of the release is responsible, at his or her own
expense, for recording the lien release.
F. Limitation on Deferrals. The deferral entitlements
allowed under this chapter shall be limited to the first 20 single-
family residential construction building permits per applicant, as
identified by contractor registration number or other unique
identification number, per year.
(Ord. 2521 §3, 2016)
9.48.150 Authority Unimpaired
Nothing in this chapter shall preclude the City from requiring
the fee payer to mitigate adverse and environmental effects of a
specific development pursuant to the State Environmental Policy
Act, Chapters 43.21C RCW and/or Chapter 58.17 RCW,
governing plats and subdivisions; provided, that the exercise of
this authority is consistent with Chapters 43.21C and 82.02 RCW.
(Ord 2305 §7, 2010; Ord. 2111 §1 (part), 2005)
9.48.160 Relationship to SEPA
A. All development shall be subject to environmental review
pursuant to SEPA and other applicable City ordinances and
regulations.
B. Payment of the impact fee pursuant to this chapter shall
constitute satisfactory mitigation of those traffic impacts related to
the specific improvements identified on the project list.
C. Further mitigation in addition to the impact fee shall be
required for identified adverse impacts, appropriate for mitigation
pursuant to SEPA, that are not mitigated by an impact fee.
D. Nothing in this chapter shall be construed to limit the
City’s authority to deny development permits when a proposal
would result in significant adverse traffic impacts identified in an
environmental impact statement and reasonable mitigation
measures are insufficient to mitigate the identified impact.
(Ord 2305 §8, 2010; Ord. 2111 §1 (part), 2005)
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CHAPTER 9.50
CONCURRENCY MANAGEMENT
Sections:
9.50.010 Purpose
9.50.020 Definitions
9.50.030 Concurrency Test
9.50.040 Test Criteria
9.50.050 Concurrency for Phased Development
9.50.060 Exemptions
9.50.070 Vesting
9.50.080 Improvements to Concurrency Facilities
9.50.090 Capital Facilities Plan and Capital Improvement
Program
9.50.100 Intergovernmental Coordination
9.50.110 Administrative Rules and Procedures
9.50.120 Appeals
9.50.130 SEPA Exemption
9.50.010 Purpose
A. Pursuant to the State Growth Management Act, RCW
36.70A, after the adoption of its Comprehensive Plan, the City of
Tukwila is required by RCW 36.70A.070(6)(b) to ensure that
transportation improvements or strategies to accommodate the
impacts of development are provided concurrent with the
development. Further, the City is bound by the planning goals of
RCW 36.70A.020 to ensure that public facilities and services
necessary to support development shall be adequate to serve the
development at the time the development is available for
occupancy and use without decreasing current service levels
below locally established minimum standards, hereinafter
“concurrency.”
B. The intent of this chapter is to establish a concurrency
management system to ensure that concurrency facilities and
services needed to maintain minimum level of service standards
can be provided simultaneous to, or within a reasonable time after,
development occupancy or use. Concurrency facilities adopted by
the City’s Comprehensive Plan are roads, potable water, sanitary
sewer, and storm water management. This chapter furthers the
goals, policies and implementation strategies and objectives of the
Comprehensive Plan.
C. The concurrency management system provides the
necessary regulatory mechanism for evaluating requests for
development to ensure that adequate concurrency facilities can be
provided within a reasonable time of the development impact. The
concurrency management system also provides a framework for
determining facilities and services needs and provides a basis for
meeting those needs through capital facilities planning.
D. For water, sewer, and surface water, the facilities must
be in place at the time of development approval; and for roads, the
facilities must be in place within six years of the time of the
development approval. Applicants with developments that would
cause the level of service on concurrency facilities to decline
below City standards can have their developments approved by
implementing measures that offset their impacts and would
maintain the City’s standard for level of service.
(Ord. 2635 §3, 2020)
9.50.020 Definitions
The definitions contained in TMC 9.50.020 apply throughout
this chapter unless, from the context, another meaning is clearly
intended.
1. "Adequate" means equal to or better than the level
of service standards specified in the current adopted capital
facilities element.
2. “Applicant” means a person who applies for any
certificate of concurrency under this chapter and who is the owner
of the subject property or the authorized agent of the property.
3. “Available water, sewer, and surface water capacity”
means there is adequate capacity, based on adopted level of
service standards, for water, sewer, and surface water facilities
currently existing without requiring facility construction, expansion,
or modification.
4. “Building permit” refers to any permit issued under
the Uniform Building Code.
5. “Certificate of concurrency” means the statement
accompanying the Public Works Department’s development
standards that are issued with an approved development permit or
the Public Works Department’s conditions of approval that are
issued with an approved building permit. The statement shall state
that a certificate of concurrency is issued and indicate:
a. For water, sewer, and surface water, the capacity
of the concurrency facilities that are available and reserved for the
specific uses, densities and intensities as described in the
development permit or building permit; and
b. For road facilities assigned to the development
for the specific uses, densities and intensities as described in the
development permit or building permit; and
c. Conditions of approval, if applicable; and
d. An effective date; and
e. An expiration date.
6. “Concurrency” means facilities or strategies that
achieve the City’s level of service standards and that:
a. For water, sewer, surface water, and roads:
facilities that exist at the time development is approved by the
Public Works Department; or
b. For roads:
(1) Are included in the City’s Capital
Improvement Plan at the time development is approved by the
Public Works Department; or
(2) Will be available and complete no later
than six years after completion of the development, and the
applicant and/or the City provides a financial commitment which is
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in place at the time the development is approved by the Public
Works Department.
7. “Concurrency facilities” means facilities for which
concurrency is required in accordance with the provision of this
chapter. They are roads, water, sanitary sewer, and surface water
facilities.
8. “Concurrency test” means:
a. For water, sewer, and surface water, the
comparison of a development’s demand to the available capacity
of each concurrency facility; and
b. For roads, the comparison of the development’s
impact on the level of service standards of each effected subarea.
A concurrency test must be passed for roads, and a
notice issued by the Public Works Department in order to obtain a
certificate of concurrency.
9. “Development permit” means a land use permit and
includes short plat, preliminary or final rezone/reclassification,
zoning permit, master plan, shoreline substantial development
permit/conditional use permit, planned unit development, or any
other permit or approval under the Zoning Code or Subdivision
Code or Shoreline Master Program.
10. “Financial commitment” means:
a. Revenue sources anticipated to be available and
designated for facilities in the Comprehensive Plan;
b. Unanticipated revenue from federal and state
grants for which the City has received notice of approval;
c. Funding that is assured by the applicant in a form
approved by the Public Works Department.
11. “Level of service standard” means those standards
specified in the adopted transportation element of the
Comprehensive Plan. For water, sewer, and surface water, “level
of service standard” also means those standards defined in TMC
Title 14.
12. “Non-City managed facilities” include any non-city
provider of water or sewer.
13. “Planned capacity” means road facilities that do not
exist but for which the necessary facility construction, expansion,
or modification project is contained in the current capital facilities
element of the Comprehensive Plan. The improvements must be
scheduled to be completed within six years and the financial
commitment must be in place at the time of approval of the
certificate of concurrency to complete the improvements within six
years.
14. “Public Works Department” means the Public Works
Director or designee.
15. “Transportation strategies” means transportation
demand management strategies and other techniques or
programs that reduce single occupant vehicle travel.
16. “Vested” means the right to develop or continue
development in accordance with the laws, rules, and other
regulations in effect at the time the building permit application is
deemed complete.
(Ord. 2635 §4, 2020)
9.50.030 Concurrency Test
A. Timing. All applicants must apply for the transportation
concurrency test and receive notice of passing the test before the
City will approve an application for any development permit or
building permit. An application for a concurrency test may be
submitted with other development submittals.
B. Procedures.
1. Applications for a concurrency test shall be
submitted on forms provided by the Public Works Department.
The concurrency test shall be done in order of “first in, first out,”
once the Public Works Department determines the application is
complete.
2. The applicant shall provide to the Public Works
Department a certificate of availability for water and sewer with the
application submittal if the property is serviced by a non-City
managed utility. For City managed utilities, a determination will be
made on availability and a certificate of availability shall be issued.
This certificate of availability shall suffice as meeting the
concurrency test for water and sewer utilities.
3. The applicant shall submit a detailed project
description of the development, including location, vehicular
circulation, and gross floor area by use, as part of the concurrency
application and shall pay the concurrency test fee as adopted by
motion or resolution of the Tukwila City Council.
4. A concurrency test shall be performed only for
specific property, uses, densities and intensities based on the
information provided by the applicant. The applicant shall specify
densities and intensities that are consistent with the uses allowed
for the property. If the concurrency test is being requested in
conjunction with an application for rezone, the applicant shall
specify densities and intensities that are consistent with the
proposed zoning for the property. Changes to the uses, densities
and intensities that create additional impacts on concurrency
facilities shall be subject to an additional concurrency test.
5. The Public Works Director or designee shall perform
the concurrency test. The project must pass the concurrency test
prior to approval of the development permit or building permit.
6. The Public Works Director or designee shall notify
the applicant of the test results in writing. The date of written
notification to the applicant shall be the date of issuance of the
concurrency certificate.
7. The concurrency certificate shall expire within one
year of its issuance unless the applicant submits a building permit
application, a SEPA environmental checklist and all required
documentation pursuant to TMC Chapter 21.04, or an extension
is granted within one year from the date of issuance of the
concurrency certificate.
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8. If the deadline for submittal of a complete building
permit application, SEPA environmental checklist and all required
documentation is met as described in TMC Section 9.50.030.B.7,
or other submittal as determined by the Public Works Director or
designee, the concurrency certificate shall be valid for two years
from the date of issuance of the building permit, SEPA
Determination, or other City-issued approval. If the building
permit, SEPA environmental checklist, or other submittal is
withdrawn by the applicant prior to approval by the City or expires,
the concurrency certificate shall expire one year after the date of
issuance.
9. An applicant must apply for a new concurrency test
if the certificate expires or an extension is not granted.
10. The Public Works Director may approve an
extension of up to one year if:
a. The applicant submits a letter in writing
requesting the extension before the expiration date. The applicant
must show that they are not responsible for the delay in obtaining
a building permit, SEPA approval, or other City-issued approval,
and has acted in good faith to obtain the permit or approval; and
b. If the property is serviced by a non-City managed
utility, then the applicant must submit a letter from the utility
approving the extension before the expiration date.
11. The Public Works Department shall be responsible
for accumulating the impacts created by each application and
removing any impacts from the City’s concurrency records for an
expired concurrency certificate, an expired development permit or
building permit, or other action resulting in an applicant no longer
causing impacts that have been accounted for in the City records.
12. The Public Works Department shall be responsible
to coordinate with applicable non-City managed utility operators
for maintenance and monitoring of available and planned capacity
for these utilities.
13. A certificate of concurrency shall apply only to the
specific land use, density and intensity described in the application
for a development permit or building permit. No development shall
be required to obtain more than one certificate of concurrency for
each building, unless the applicant or subsequent owner proposes
changes or modifications to the property location, density,
intensity, or land use that creates additional impacts on
concurrency facilities.
14. A certificate of concurrency is not transferable to
other land but may be transferred to new owners of the original
land.
(Ord. 2635 §5, 2020)
9.50.040 Test Criteria
Development applications that would result in a level of
service reduction below the adopted standard shall not be
approved.
1. For water and sanitary sewer conveyance systems,
a certificate of availability must be issued to pass the concurrency
test. For surface water conveyance systems, the water quality and
detention standards described in the currently-adopted King
County Surface Water Design Manual must be met to pass the
concurrency test.
2. For roads, the concurrency test compares level of
service at intersections or corridors, as defined in the
transportation element, both with and without the development at
a time 6 years after the estimated occupancy of the development.
If the level of service is equal to or better than the level of service
standard, the concurrency test is passed.
3. If the concurrency test is not passed for water,
sewer, surface water, or roads, then the applicant may retest for
concurrency after doing one or both of the following:
a. Modifying the application to reduce the need for
the non-existent concurrency facilities. Reduction of need can be
through the reduction of the size of the development, reduction of
trips generated by original proposed development, or phasing of
the development to match future concurrency facility construction;
or
b. Arranging to fund the improvements for the
additional capacity required for the concurrency facilities, as
approved by the Public Works Director.
(Ord. 2635 §6, 2020)
9.50.050 Concurrency for Phased Development
A. An applicant may request concurrency for a phased
development if the Public Works Director determines that the two
criteria described in TMC Section 9.50.050.B are met. The
application for concurrency must be accompanied by a schedule
for construction of the buildings, parking and other improvements
and by a written request for the development to be considered in
phases.
B. The Public Works Director or designee may approve
concurrency for phased development if both of the following
criteria are met:
1. No associated development permit is required
before building permit applications can be submitted; and
2. The application is for an integrated development site
plan with multiple buildings that are interdependent for vehicular
and pedestrian access and parking.
C. A concurrency application for phased development shall
follow the same timing and procedure as set forth in this chapter,
except that:
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1. Only one concurrency certificate shall be issued for
all buildings proposed for phased development;
2. The concurrency certificate for an approved phased
development shall be valid for five years from the date of its
issuance; provided that a building permit is issued for a building
within one year of the date of issuance of the concurrency
certificate or within two years if an extension is timely requested
and the request is granted.
D. The Public Works Director or designee may approve an
extension of up to one year of the concurrency certificate for the
phased development, consistent with the terms of this chapter.
E. In no case shall the concurrency certificate be valid for
more than six years from the date of issuance of the certificate.
The applicant must apply for a new concurrency test for any
building approved for phased development that has not been
issued a building permit within six years from the date of issuance
of the concurrency certificate.
(Ord. 2635 §7, 2020)
9.50.060 Exemptions
Applications for single-family dwelling unit building permits,
multi-family building permits for projects containing four or fewer
units, short plats, any non-residential project that is categorically
exempt from SEPA pursuant to TMC Section 21.04.080, .100, or
.110, or any other project that will generate less than 30 net new
P.M. peak hour trips shall be considered as exempt from meeting
concurrency requirements and shall be automatically granted a
concurrency certificate. The applicant is required to submit for a
concurrency certificate, along with the associated fee, but is not
subject to receiving a passing grade in order to obtain other
development approvals.
(Ord. 2635 §9, 2020)
9.50.070 Vesting
Applicants shall be vested under the laws, rules and other
regulations in effect prior to the effective date of this chapter if they
have, prior to the effective date of the ordinance codified in this
chapter:
1. Submitted a building permit application that the City
has deemed complete; or
2. Entered into formal negotiations with the City for a
development agreement in accordance with RCW 36.70B.170
through 36.70B.210; or
3. Have a signed agreement with the City that is still in
effect.
(Ord. 2635 §10, 2020)
9.50.080 Improvements to Concurrency Facilities
A. The City shall provide, or arrange for others to provide,
adequate facilities through construction of needed capital
improvements in implementing strategies which do the following:
1. Achieve level of service standards for anticipated
future development and redevelopment caused by previously
issued and new development and building permits; and
2. Repair or replace obsolete or deteriorating facilities.
B. Improvements to the facilities shall be consistent with the
Transportation Element, Utilities Element and Capital
Improvement Program of the Comprehensive Plan.
(Ord. 2635 §11, 2020)
9.50.090 Capital Facilities Plan and Capital Improvement Program
The City shall include in the capital appropriations of its
budget for expenditure during the appropriate fiscal year financial
commitments for all capital improvement projects required for
adopted level of service standards, except the City may omit from
its budget any capital improvements for which a binding
agreement has been executed with another party to provide the
same project in the same fiscal year.
(Ord. 2635 §12, 2020)
9.50.100 Intergovernmental Coordination
A. The City may enter into agreements with other local
governments, applicable non-City managed utilities, King County,
the state of Washington, and other facility providers to coordinate
the imposition of level of service standards and other mitigations
for concurrency.
B. The City may apply standards and mitigations to
development in the City that impacts other local jurisdictions. The
City may agree to accept and implement conditions and
mitigations that are imposed by other jurisdictions on development
in their jurisdiction that impact the City.
(Ord. 2635 §13, 2020)
9.50.110 Administrative Rules and Procedures
The Public Works Department shall be authorized to establish
administrative rules and procedures for administering the
concurrency test system. The administrative rules and procedures
shall include but not be limited to application forms, necessary
submittal information, processing times, and issuance of the
concurrency certificate.
(Ord. 2635 §14, 2020)
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9.50.120 Appeals
A. Procedures. The applicant may appeal the results of the
concurrency test based on three grounds:
1. A technical error;
2. The applicant provided alternative data or a traffic
mitigation plan that was rejected by the City; or
3. Delay in review and approval caused solely by the
City that allowed capacity to be given to another applicant. The
applicant must file a notice of appeal with the Public Works
Department within 15 days of the notification of the test results.
The notice of appeal must specify the grounds thereof, and must
be submitted on the form authorized by the Public Works
Department. Each appeal must be submitted with the appeal fee
set forth in TMC Section 18.90.010.
B. Hearing Schedule and Notification. When the appeal
has been filed within the time prescribed, in proper form, with the
appropriate data and payment of the required fee, the Public
Works Department shall transmit the appeal to the hearing
examiner for scheduling. Notice of the public hearing shall be
given to the applicant at least 15 days prior to the hearing date.
C. Record. The Public Works Department shall transmit to
the Hearing Examiner all papers, calculations, plans and other
materials constituting the record of the concurrency test, at least 7
days prior to the scheduled hearing date. The Examiner shall
consider the appeal upon the record transmitted, supplemented by
any additional competent evidence, which the parties in interest
may desire to submit.
D. Burden of Proof. The burden of proof shall be on the
appellant to show by a preponderance of the evidence that the
Public Works Director was in error.
(Ord. 2635 §15, 2020)
9.50.130 SEPA Exemption
A determination of concurrency shall be an administrative
action of the City of Tukwila that is categorically exempt from the
State Environmental Policy Act.
(Ord. 2635 §16, 2020)
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CHAPTER 9.53
AUTOMATED TRAFFIC SAFETY CAMERAS
Sections:
9.53.010 Automated traffic safety cameras – Detection of
violations - Restrictions
9.53.020 Notice of infraction
9.53.030 Prima facie presumption
9.53.040 Infractions processed
9.53.050 Fine
9.53.060 Nonexclusive enforcement
9.53.010 Automated traffic safety cameras –
Detection of violations – Restrictions
A. City law enforcement officers and persons commissioned
by the Tukwila Police Chief are authorized to use automated traffic
safety cameras and related automated systems to detect and
record the image of vehicles engaged in violations in school speed
zones and public park speed zones, as defined by RCW
46.63.210(3); provided, however, pictures of the vehicle and the
vehicle license plate may be taken only while an infraction is
occurring, and the picture shall not reveal the face of the driver or
of any passengers in the vehicle.
B. Each location where an automated traffic safety camera
is used shall be clearly marked by signs placed in locations that
clearly indicate to a driver that the driver is entering a zone where
traffic laws are enforced by an automated traffic safety camera.
C. “Automated traffic safety camera” means a device that
uses a vehicle sensor installed to work in conjunction with an
intersection traffic control system or a speed measuring device,
and a camera synchronized to automatically record one or more
sequenced photographs, microphotographs or electronic images
of the rear of a motor vehicle at the time the vehicle exceeds a
speed limit in a school zone or city public park zone as detected
by a speed measuring device.
(Ord. 2736 §1, 2024; Ord. 2696 §2, 2022; Ord. 2612 §2, 2019)
9.53.020 Notice of infraction
A. Whenever any vehicle is photographed by an automated
traffic safety camera, a notice of infraction shall be mailed to the
registered owner of the vehicle within 14 days of the violation, or
to the renter of a vehicle within 14 days of establishing the renter’s
name and address. A person receiving a notice of infraction based
on evidence detected by an automated traffic safety camera may
respond to the notice by mail.
B. If the registered owner of the vehicle is a rental car
business, the law enforcement agency shall, before a notice of
infraction is issued, provide a written notice to the rental car
business that a notice of infraction may be issued to the rental car
business if the rental car business does not, within 18 days of
receiving the written notice, provide to the agency by return mail:
(1) a statement under oath stating the name and known mailing
address of the individual driving or renting the vehicle when the
infraction occurred; or (2) a statement under oath that the business
is unable to determine who was driving or renting the vehicle when
the infraction occurred; or (3) in lieu of identifying the vehicle
operator, the rental car business may pay the applicable penalty.
Timely mailing of this statement to the agency shall relieve the
rental car business of any liability under this chapter for the
infraction.
C. The law enforcement officer issuing a notice of infraction
shall include with it a certificate or facsimile thereof, based upon
the inspection of photographs, microphotographs or electronic
images produced by an automated traffic safety camera, citing the
infraction and stating the facts supporting the notice of infraction.
This certificate or facsimile shall be prima facie evidence of the
facts contained in it and shall be admissible in a proceeding
charging a violation under this chapter. The photographs,
microphotographs or electronic images evidencing the violation
must be available for inspection and admission into evidence in a
proceeding to adjudicate the liability for the infraction.
D. The registered owner of a vehicle is responsible for an
infraction detected through the use of an automated traffic safety
camera unless the registered owner overcomes the presumption
set forth in TMC Section 9.53.030, or, in the case of a rental car
business, satisfies the conditions under TMC Section 9.53.020.B.
If appropriate under the circumstances, a renter identified under
TMC Section 9.53.020.B is responsible for an infraction.
E. All photographs, microphotographs or electronic images
prepared under this chapter are for the exclusive use of law
enforcement in the discharge of duties under this chapter and, as
provided in RCW 46.63.220(11), they are not open to the public
and may not be used in a court in a pending action or proceeding
unless the action or proceeding relates to a violation under this
chapter. No photograph, microphotograph or electronic image
may be used for any purpose other than enforcement of violations
under this chapter nor retained longer than necessary to enforce
this chapter.
(Ord. 2736 §2,2024; Ord. 2612 §3, 2019)
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9.53.030 Prima facie presumption
A.In a traffic infraction case involving an infraction detected
through the use of an automated traffic safety camera under this
chapter, proof that the particular vehicle described in the notice of
traffic infraction was involved in a school speed zone violation or
city public park zone speed violation, together with proof that the
person named in the notice of infraction was at the time of the
violation the registered owner of the vehicle, shall constitute in
evidence a prima facie presumption that the registered owner of
the vehicle was the person in control of the vehicle at the point
where, and for the time during which, the violation occurred.
B.This presumption may be overcome only if the registered
owner, under oath, states in a written statement to the court or in
testimony before the court that the vehicle involved was, at the
time, stolen or in the care, custody or control of some person other
than the registered owner.
(Ord. 2696 §3, 2022; Ord. 2612 §4, 2019)
9.53.040 Infractions processed
Infractions detected through the use of automated traffic
safety cameras shall be processed in the same manner as parking
infractions.
(Ord. 2612 §5, 2019)
9.53.050 Fine
A.The fine for an infraction detected under the authority of
this chapter shall be no more than the fines established in RCW
46.63.220(16), as now enacted or hereafter amended. Infractions
detected through the use of automated traffic safety cameras are
not part of the registered owner's driving record under RCW
46.52.101 and 46.52.120. Additionally, the amount of the fine
issued for an infraction generated through the use of an automated
traffic safety camera shall be $145, as adjusted for inflation by the
office of financial management every five years, beginning
January 1, 2029, based upon changes in the consumer price index
during that time period, and is doubled to $290 for a school speed
zone infraction generated through the use of an automated traffic
safety camera.
B.The maximum penalty for infractions detected pursuant
to the provisions of this chapter shall not exceed the maximum
amount of fine issued for parking infractions within the City.
(Ord. 2736 §3,2024; Ord. 2616 §1, 2019; Ord. 2612 §6, 2019)
9.53.060 Nonexclusive enforcement
Nothing in this chapter prohibits a law enforcement officer
from issuing a notice of traffic infraction to a person in control of a
vehicle at the time a violation occurs under RCW
46.63.030(1)(a), (b) or (c).
(Ord. 2612 §7, 2019)
CHAPTER 9.54
TRUCK ROUTES
Sections:
9.54.010 Purpose and Policy
9.54.020 Definitions
9.54.030 Trucks – Prohibited
9.54.040 Enforcement and Penalty
9.54.010 Purpose and Policy
A.Purpose. The purpose of this chapter is to establish truck
routes within the city that promote compatible land uses, enhance
public safety, and minimize pavement maintenance and
reconstruction costs.
B.Policy.
1.Provide roadways that are safe for vehicles,
bicyclists, and pedestrians to use;
2.Provide truck routes that follow the guidance
contained in the city’s comprehensive plan transportation element
(the transportation plan);
3.Provide for the transportation of heavier products on
roads (truck routes) best designed to handle the additional
pavement stress in order to minimize the amount of maintenance
and repair costs required on those streets;
4.Restrict the gross vehicle weight of vehicles traveling
on non-truck route roads except where the use of these roads is
necessary to travel from the point of origin within the city to the
nearest truck route, or from a truck route to a destination point
within the city;
5.Limit the number of truck routes to minimize the
number of streets that need more expensive pavement
construction and more frequent maintenance work;
6. Protect residential neighborhoods from:
a.Excessive truck traffic creating greater hazards
to pedestrians, bicyclists, and children;
b.Increased congestion and noise pollution from
truck traffic; and
c.Minimize pavement potholes, raveling, rutting,
or other pavement distress conditions that cause hazards to
motorcyclists, bicyclists, and pedestrians;
7.Finally, it is recognized that during emergency
situations, the director of public works or designee shall have the
authority to further restrict loads or create detours for vehicles
traveling on city roads.
(Ord. 2751 §2, 2024)
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9.54.020 Definitions
The following words and terms, used in this chapter, shall
have the following meanings except where otherwise defined :
(A)“City” means the City of Tukwila.
(B)“Destination point” means the fixed location that the
operator of a vehicle must directly access in order to load or unload
goods, passengers or other cargo, or to perform services.
(C)“Parking” means that term as defined in RCW 46.04.381,
as now or hereafter amended.
(D)“Hazardous cargo” means “hazardous materials,” as
defined in RCW 70.136.020(1), as now or hereafter amended.
(E)“Semitrailer” means that term as defined in
RCW 46.04.530, as now or hereafter amended.
(F) “Trailer” means that term as defined in RCW 46.04.620,
as now or hereafter amended.
(G)“Motor truck” means that term as defined in RCW
46.04.310, as now or hereafter amended.
(H)“Tractor” means that term as defined in RCW 46.04.650,
as now or hereafter amended.
(I)“Truck tractor” means that term as defined in RCW
46.04.655, as now or hereafter amended.
(J)“Vehicle” means that term as defined in RCW 46.04.670,
as now or hereafter amended.
(Ord. 2751 §2, 2024) 9.54.030 Trucks — Prohibited
(A)Operation of the following vehicles shall not occur upon
and within the routes established pursuant to this chapter:
(1)Vehicles Restricted by Weight, Width and/or Length.
Any motor truck, truck tractor, motor truck and trailer combination,
or truck tractor and semitrailer combination, which exceeds eight
feet in width, 26 feet in total length, or 26,001 pounds gross weight,
including load; or
(2)Any vehicle transporting radioactive material; or
(3)Any vehicle transporting hazardous cargo.
(B)All trucks and vehicles identified in Section A are
prohibited from traveling on the following routes:
(C)The prohibitions set forth in this chapter shall not apply to
the following:
(1)The operation of a vehicle upon any street where
directly and unavoidably necessary in order to access or depart
from a destination point. When a destination point is not located
immediately adjacent to a State highway route or a designated
truck route, the vehicle operator shall access and/or depart from
the destination point using the shortest and most direct City arterial
route to and from the nearest State highway route or designated
truck route.
(2)The operation of emergency and law enforcement
vehicles.
(3)The operation of any vehicle owned or operated by
the City, a public utility or any contractor or materialman, while
directly engaged in the repair, maintenance or construction of
streets, street improvements, or street utilities within the City.
(4)The operation of any vehicle within and pursuant to
any officially established temporary detour route.
(5)The operation of any vehicle directly engaged in the
disposal, collection and/or transport of waste, including but not
limited to recyclable material, as a part of a regularly scheduled
curbside or on-site disposal or collection service within the Tukwila
City limits; provided, that this exception shall not apply to
hazardous cargo or radioactive materials.
(6)The operation of passenger buses, including but not
limited to mass transit vehicles and school buses.
(7)The operation of vehicles directly engaged in transporting
perishable commodities or commodities necessary for the health
and welfare of local residents.
(Ord. 2751 §3, 2024)
Roadway Start Stop
1 42nd Ave S S 124th St S 115th St
2 S 115th St 42nd Ave S EMarginal Way S
3 S 116th St 42nd Ave S 43rd Pl S
4 43rd Pl S S 116th St 44th Ave S
5 44th Ave S 43rd Pl S S 122nd St
6 44th Pl S 44th Ave S 46th Ave S
7 46th Ave S 44th Pl S S 122nd St
8 S 122nd 42nd Ave S 44th Pl S
9 43rd Ave S S 122nd St S 124th St
10 44th Ave S S 122nd St S 124th St
11 45th Ave S S 122nd St S 124th St
12 46th Ave S S 122nd St S 124th St
13 47th Ave S S 122nd St S 124th St
14 48th Ave S S 122nd St S 124th St
15 49th Ave S S 122nd St S 124th St
16 50th Ave S 51st Pl S S 122nd Ln
17 S 122nd Ln 50th Ave S 51st Pl S
18 51st Pl S S 124th St Dead end
TITLE 9 – VEHICLES AND TRAFFIC
Produced by the City of Tukwila, City Clerk’s Office Page 9–37
9.54.040 Enforcement—Penalty
Violation of TMC 9.54.030 is a traffic infraction, with a
monetary penalty of $250.00 ($250.00), including statutory
assessments, provided that signage is erected in a conspicuous
place at each end of any residential or collector street and the
entry to any cul-de-sac, stating that trucks over 26,001 pounds
gross weight, including load, are prohibited.
(Ord. 2751 §4, 2024)
Land Uses Unit of
Measure Zone 1 Zone 2 Zone 3 Zone 4
Cost per Trip All Other Uses $4,438.73 $4,863.14 $5,345.42 $2,057.66
Residential
Single Family dwelling $4,394.34 $4,814.51 $5,291.97 $2,037.08
Multi Family dwelling $2,012.22 $2,204.62 $2,423.26 $932.81
Retirement Community dwelling $821.17 $899.68 $988.90 $380.67
Nursing Home/Convalescent Center bed $976.52 $1,069.89 $1,175.99 $452.69
Assisted Living dwelling $1,154.07 $1,264.42 $1,389.81 $534.99
Residential Suites/Microunit apartments dwelling $1,331.62 $1,458.94 $1,603.63 $617.30
Commercial - Services
Drive-in Bank sq ft/GFA $59.00 $64.64 $71.05 $27.35
Walk-in Bank sq ft/GFA $43.07 $47.19 $51.87 $19.97
Day Care Center sq ft/GFA $49.36 $54.08 $59.44 $22.88
Library sq ft/GFA $27.17 $29.76 $32.71 $12.59
Post Office sq ft/GFA $37.32 $40.89 $44.94 $17.30
Hotel/Motel room $2,663.24 $2,917.88 $3,207.25 $1,234.60
Service Station VFP $36,119.72 $39,573.32 $43,497.82 $16,744.00
Service Station/Minimart VFP $27,323.05 $29,935.54 $32,904.27 $12,666.13
Service Station/Minimart/Car Wash VFP $17,750.48 $19,447.70 $21,376.33 $8,228.58
Carwash (Self-Serve)Stall $15,983.87 $17,512.17 $19,248.86 $7,409.63
Movie Theater screen $339.56 $372.03 $408.92 $157.41
Health Club sq ft/GFA $16.21 $17.76 $19.52 $7.52
Racquet Club sq ft/GFA $12.72 $13.93 $15.31 $5.90
Public Park acre $488.26 $534.95 $588.00 $226.34
Golf Driving Range tees $5,548.41 $6,078.93 $6,681.78 $2,572.08
Batting Cages cage $9,853.98 $10,796.17 $11,866.83 $4,568.01
Multipurpose Recreational Facility sq ft/GFA $15.89 $17.41 $19.14 $7.37
Trampoline Park sq ft/GFA $6.66 $7.29 $8.02 $3.09
Bowling Alley sq ft/GFA $5.15 $5.64 $6.20 $2.39
Ice Skating Rink sq ft/GFA $5.90 $6.47 $7.11 $2.74
Casino/Video Lottery Estab. With Food sq ft/GFA $59.88 $65.60 $72.11 $27.76
Commercial - Institutional
Elementary School/Jr. High School student $754.58 $826.73 $908.72 $349.80
High School student $621.42 $680.84 $748.36 $288.07
University/College student $843.36 $924.00 $1,015.63 $390.96
Religious Institutions sq ft/GFA $2.17 $2.38 $2.62 $1.01
Hospital sq ft/GFA $3.44 $3.77 $4.15 $1.60
Commercial - Restaurant
Quality Restaurant sq ft/GFA $19.39 $21.24 $23.35 $8.99
High Turnover Restaurant sq ft/GFA $24.72 $27.08 $29.77 $11.46
Fast Food Restaurant w/o drive thru sq ft/GFA $62.90 $68.91 $75.74 $29.16
Fast Food Restaurant w/ drive thru sq ft/GFA $72.51 $79.44 $87.32 $33.61
Drinking Place sq ft/GFA $37.85 $41.47 $45.58 $17.55
Coffee/Donut Shot w/ drive thru sq ft/GFA $19.26 $21.10 $23.19 $8.93
Industrial $0.00 $0.00 $0.00 $0.00
Light Industry/High Technology sq ft/GFA $2.80 $3.06 $3.37 $1.30
Industrial Park sq ft/GFA $1.78 $1.95 $2.14 $0.82
Warehousing/Storage sq ft/GFA $0.84 $0.92 $1.02 $0.39
Mini Warehouse sq ft/GFA $0.75 $0.83 $0.91 $0.35
GLA= Gross Leasible Area
GFA= Gross Floor Area
VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously)
Page 1 of 2
Figure 9-1
Traffic Impact Fee Schedule 2020
Land Uses Unit of
Measure Zone 1 Zone 2 Zone 3 Zone 4
Cost per Trip All Other Uses $4,438.73 $4,863.14 $5,345.42 $2,057.66
Commercial - Retail
Shopping Center
up to 9,999 sq ft sq ft/GLA $26.28 $28.79 $31.64 $12.18
10,000 sq ft-49,999 sq ft sq ft/GLA $16.49 $18.07 $19.86 $7.64
50,000 sq ft-99,999 sq ft sq ft/GLA $14.31 $15.67 $17.23 $6.63
100,000 sq ft-199,999 sq ft sq ft/GLA $13.02 $14.27 $15.68 $6.04
200,000 sq ft-299,999 sq ft sq ft/GLA $12.35 $13.53 $14.87 $5.72
300,000 sq ft-399,999 sq ft sq ft/GLA $12.18 $13.34 $14.67 $5.65
over 400,000 sq ft sq ft/GLA $12.62 $13.82 $15.19 $5.85
Miscellaneous Retail Sales sq ft/GFA $12.48 $13.68 $15.03 $5.79
Supermarket sq ft/GFA $26.25 $28.76 $31.61 $12.17
Convenience Market sq ft/GFA $106.81 $117.03 $128.63 $49.52
Nursery/Garden Center sq ft/GFA $21.56 $23.63 $25.97 $10.00
Furniture Store sq ft/GFA $1.08 $1.19 $1.31 $0.50
Car Sales - New/Used sq ft/GFA $10.97 $12.02 $13.21 $5.09
Auto Care Center sq ft/GLA $13.80 $15.12 $16.62 $6.40
Quick Lubrication Vehicle Shop Service Bay $15,069.49 $16,510.36 $18,147.70 $6,985.76
Auto Parts Sales sq ft/GFA $15.26 $16.71 $18.37 $7.07
Pharmacy (with Drive Through)sq ft/GFA $23.29 $25.52 $28.05 $10.80
Pharmacy (no Drive Through)sq ft/GFA $17.75 $19.45 $21.38 $8.23
Free Standing Discount Store sq ft/GFA $17.79 $19.50 $21.43 $8.25
Hardware/Paint Store sq ft/GFA $7.78 $8.53 $9.37 $3.61
Discount Club sq ft/GFA $11.69 $12.81 $14.08 $5.42
Video Rental sq ft/GFA $27.17 $29.76 $32.71 $12.59
Home Improvement Superstore sq ft/GFA $6.00 $6.57 $7.22 $2.78
Tire Store Service Bay $10,929.93 $11,975.00 $13,162.56 $5,066.78
Electronics Superstore sq ft/GFA $13.24 $14.50 $15.94 $6.14
Commercial - Office
Administrative Office
up to 9,999 sq ft sq ft/GFA $5.27 $5.78 $6.35 $2.44
10,000 sq ft-49,999 sq ft sq ft/GFA $4.83 $5.30 $5.82 $2.24
50,000 sq ft-99,999 sq ft sq ft/GFA $4.63 $5.08 $5.58 $2.15
100,000 sq ft-199,999 sq ft sq ft/GFA $4.47 $4.90 $5.39 $2.07
200,000 sq ft-299,999 sq ft sq ft/GFA $4.35 $4.77 $5.24 $2.02
over 300,000 sq ft sq ft/GFA $4.31 $4.73 $5.20 $2.00
Medical Office/Clinic sq ft/GFA $10.92 $11.96 $13.15 $5.06
GLA= Gross Leasible Area
GFA= Gross Floor Area
VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously)
Page 2 of 2
Figure 9-1
Traffic Impact Fee Schedule 2020
Vehicles by Weight Class Figure 9-2