HomeMy WebLinkAbout4115ORDINANCE NO. ` �
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 9.38
of the Kent City Code, entitled "Parking,"
authorizing the Chief of Police the power to
suspend the enforcement of parking restrictions in
order to protect the public health, safety and
welfare.
RECITALS
A. The City council finds that from time to time, there may be
good cause, for the protection of the public health, safety and welfare, or
due to emergency situations, to allow the owners or operators of certain
trucks or semi -trailers to park on the public roadways.
B. This ordinance will provide a mechanism for the Chief of
Police to suspend restrictions relating to the parking of certain trucks and
semi -trailers on the public roadways during specified periods in order to
benefit the public health, safety or welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
1 Amend KCC 9,38
Parking Ordinance
ORDINANCE
SECTION 1. -Amendment. Chapter 9.38 of the Kent City
Code, entitled, "Parking," is hereby amended as follows:
Sec. 9.38.120. Parking of trucks on city streets —Finding.
A. The city council finds that the parking and storage of commercial
trucks, vans, tractor trailers, and semi -trailers with a maximum gross
vehicle weight exceeding eight thousand (8,000) pounds presents
unacceptable risks and hazards to public health, safety, and welfare when
such vehicles are parked or stored on city streets at times when such
vehicles are not engaged in business or commercial activity.
Sec. 9.38.130. Parking and storage of certain vehicles —
Penalt(
A. No commercial truck, vehicle, van, trailer, or semi -trailer, whether
licensed or unlicensed, exceeding eight thousand (8,000) pounds as
defined in RCW 46.44.0361 46.44.037, or 46.44.041 may be stored or
parked upon any city street for longer than two (2) hours, except for those
periods of time when such vehicle is being loaded or unloaded or where
parking or storage is otherwise prohibited.
2 Amend KCC 9,38
Parking Ordinance
B. The
city council
also
recognizes that
under some circumstances,
it
may benefit the public health, safety and welfare to park the above
described vehicles on certain city streets, and that there should be a
mechanism to permit the chief of police to suspend the enforcement of
parking restrictions relating to those vehicles to allow those vehicles to
park on city streets temporarily and during certain time frames.
Sec. 9.38.130. Parking and storage of certain vehicles —
Penalt(
A. No commercial truck, vehicle, van, trailer, or semi -trailer, whether
licensed or unlicensed, exceeding eight thousand (8,000) pounds as
defined in RCW 46.44.0361 46.44.037, or 46.44.041 may be stored or
parked upon any city street for longer than two (2) hours, except for those
periods of time when such vehicle is being loaded or unloaded or where
parking or storage is otherwise prohibited.
2 Amend KCC 9,38
Parking Ordinance
B. Any violation of this section shall be an infraction and punishable by
a monetary penalty of two hundred fifty dollars ($250). Vehicles parked in
violation of this section are subject to impoundment as provided by law.
C. The chief of police shall have the authority to suspend the
enforcement of this section in the event he or she, in his or her discretion
determines that suspension of enforcement will benefit the public health
safety and welfare. Any suspension of enforcement of this section shall be
in writing delivered to the office of the mayor and shall specify the times
and dates in which the suspension shall be effective. The suspension of
enforcement shall also suspend the enforcement of Kent City Code sections
9.38.180(A)15, 9.38.180(B)(6) and 9.38.180(C)(2), as well as applicable
sections of Kent City Code section 9.38.020. Any truck, vehicle, van,
trailer, or semi -trailer parked in accordance with the terms of the
suspension of enforcement shall be parked in compliance with applicable
requirements of the Revised Code of Washington and the Washington
Administrative Code.
Sec. 9.38.140. Parking of certain trailers or semi -trailers —
Penalty.
A. Except as provided in KCC 9.38.130, no trailer or semi -trailer shall
be parked upon any city street unless the trailer or semi -trailer is attached
to a vehicle by which it may be propelled or drawn. In case of accident
such trailer or semi -trailer may be moved to the side of the street, and if a
good and sufficient red signal is displayed at both ends of the trailer or
semi -trailer during the hours of darkness, such trailer or semi -trailer may
be permitted or allowed to remain for a period not exceeding twenty-four
(24) hours pending removal except that such trailer or semi -trailer shall
not remain upon any portion of a city street where standing or parking is
3 Amend KCC 9.38
Parking Ordinance
limited or prohibited for a period longer than is necessary to effect its
removal.
B. Any violation of this section shall be an infraction and punishable by
a monetary penalty of two hundred fifty dollars ($250). Vehicles parked in
violation of this section are subject to impoundment as provided by law.
C. The chief of police shall have the authority to suspend the
enforcement of this section in the event he or she in his or her discretion
determines that suspension of enforcement will benefit the public health
safety and welfare. Any suspension of enforcement of this section shall be
in writing delivered to the office of the mayor and shall specify the times
and dates in which the suspension shall be effective. The suspension of
enforcement shall also suspend the enforcement of Kent City Code sections
9.38.180(A)15, 9.38.180(B)(6) and 9.38.180(C)(2), as well as applicable
sections of Kent City Code section 9.38.020. Any trailer or semi -trailer
parked in accordance with the terms of the suspension of enforcement
shall be parked in compliance with applicable requirements of the Revised
Code of Washington and the Washington Administrative Code.
SECTION 2. -Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors, ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. -Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
4 Amend KCC 9.38
Parking Ordinance
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4, -Effective Date, This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
ATTEST:
NALD F. A�100
APPROVED AS TO
CITY CLERK
U R FIT2PATRICK, ACTING CITY ATTORNEY
PASSED: day of r , 2014.
APPROVED: day of 2014w
, 2014.
PUBLISHED: t
day of 2014.
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:\CWII\Ordlnante\Parking KCC 9.38.doc
NALD F,110Q.R , CITY CLERK
5 Amend KCC 9.38
Parking Ordinance