HomeMy WebLinkAbout3924AN ORDINANCE of the City Council of the
City of Kent, Washington, repealing section
9.38.090 of the Kent City Code, entitled "Parking
reserved for physically disabled, penalty," which
will result in the Kent Police Department enforcing
the state RCW provision regarding disabled
parking as opposed to a Kent-specific provision.
RECITALS
A. Under the existing text of section 9.38.090 of the Kent City
Code ("KCC"), a $175 infraction is issued to any person who illegally parks
in a parking place reserved for physically disabled persons with properly
issued parking placards. State law, however, currently provides for a
higher penalty in the amount of $250.
B. The City Attorney's Office recommends that Council revise the
Kent City Code by repealing KCC 9.38.090. By repealing Kent's specific
code provision, Kent police officers will be able to cite violators under the
state RCW provision, RCW 46.16.381, which carries with it a higher
penalty. RCW 46.16.381 has been adopted by the state as part of the
Model Traffic Ordinance, and the City of Kent has in turn adopted the
Model Traffic Ordinance for enforcement in Kent, which will allow officers to
cite violators under the RCW provision. Therefore, although this ordinance
1 Parking Reserved for Physically
Disabled -Repeal KCC 9.38.090
repeals KCC 9.38.090, it is not necessary that the City of Kent adopt
another provision in its place.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Repealer. Section 9.38.090 of the Kent City Code,
entitled "Parking reserved for physically disabled, penalty," is hereby
repealed in its entirety.
See. 9.38.090. Parkiflg reser'ir·ed far ph•tsieall·f disabled,
pel'lalty.
A. It is a traffic infraction for any person to park a vehicle in a parking
place reserved for physically disabled persons pursuant to Chapter 70.92
RCW or authority implemental thereof, without a special license plate,
card, or decal as provided in RC\N 46.16.381, as amended. This provision
shall be enforceable on private property open to the general public as well
as on streets and government ovmed propert·r· A person charged with a
violation shall not be determined to have committed an infraction if he
produces in court or prior to the court appearance a special license plate,
special card, or special decal required byRC'JV 46.16.381 or demonstrates
that he was entitled to the same at the time of being ticketed.
B. Physically disabled parking is reserved on public streets in the city at
the follo'v'v'ing locations:
1. Harrison Street at the cross\Nalk betvwen Fourth Avenue and
Second Avenue.
2. Second Avenue South betvveen Go·~·e Street and Titus Street
on the ·ovest side of Second Avenue.
2 Parking Reserved for Physically
Disabled -Repeal KCC 9.38.090
3. Titus Street bet·Neen First Avenue and Second Avenue South
on the north side of First Avenue.
C. Any violation of this section shall be an infraction and punishable by
a monetary penalty of one hundred seventy five dollars ($175). Vehicles in
violation are subject to impoundment as provided by lmv.
SECTION 2. -Severabilitv. If any one or more section,
subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
SECTION 3. -Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and aft/ passage as rovided by law.
ATTEST:
APPROVED AS TO FORM:
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3 Parking Reserved for Physically
Disabled -Repeal KCC 9.38.090
PASSED: __ day of July, 2009.
APPROVED: __ day of July, 2009.
PUBLISHED:_). __ day of July, 2009.
I hereby certify that this is a true copy of Ordinance No. --"'-"-'--'-'-
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
P:\Clvll\Ordlnance\Parklng-PhyslcallyDlsabled.doc
tc-?ejz.-(S EAL)
ITY CLERK
4 Parking Reserved for Physically
Disabled -Repeal KCC 9.38.090