HomeMy WebLinkAbout4192AN ORDINANCE of the City Council of the
City of Kent, Washington, amending sections
9.38.120 and 9.38.130 of the Kent City Code to (i)
increase the weight threshold applicable to the
parking and storage prohibition of large vehicles on
City streets from 8,000 pounds to 14,001 pounds,
(ii) to apply the parking prohibition to all vehicles
meeting the weight threshold, not just commercial
vehicles; (iii) and to add exemptions to the parking
prohibition for vehicles being actively loaded or
unloaded, vehicles being used to provide active
construction or hired services at an adjacent
property, vehicles being used for government,
public utility or emergency services, or recreational
vehicles regulated under KCC 9.38.145.
RECITALS
A. The parking of large vehicles, including semi -truck tractors
and semi -trailers, is regulated through the Kent City Code. The parking of
these large vehicles and trailers on City streets is regulated under the
City's parking code at KCC 9.38.130, while their parking on private
property is regulated under the City's zoning code provisions at KCC
15.08.085,
B. Under KCC 15.08.085 and the City's zoning code, commercial
vehicles are not allowed to be parked upon residentially zoned property
with an SR -2 or greater zoning designation if they have a !:J vehicle'
weight rating of 26,001 pounds or more. If residentially zoned property'
1 Amend KCC 9.38.120 and KCC 9,38.130'
Re; Parking of Large Vehicles
has a zoning designation of SR -1 and a land use of US (urban separator),
truck tractors used in the hauling of semi -trailers are not allowed on the
property, nor are any other commercial vehicles that are longer than 19
feet.
C. Under KCC 9.38.130 and the City's parking code, commercial
vehicles are not allowed to be parked upon city streets if they exceed
8,000 pounds "as defined in RCW 46.44.036, 46.44.037, or 46.44.041".
The RCW references that follow the weight limitation of 8,000 pounds have
created enforcement difficulties for the City because the referenced RCWs
do not pertain to the calculation or designation of gross vehicle weight. In
addition, the 8,000 pound threshold is low and includes within its parking
prohibition many vehicles that citizens may use for daily transportation
purposes, including full-size pickup trucks, heavy-duty pickup trucks,
minivans, and cargo or step vans.
D. This ordinance revises KCC 9.38.130 to remove reference to
the inapplicable RGW provisions and to increase the weight threshold at
which parking is prohibited from 8,000 pounds to a weight in excess of
14,000 pounds. This ordinance also removes the limited application of
KCC 9.38.130 to only commercial vehicles and applies it more broadly to
all vehicles with a gross vehicle weight rating in excess of 14,000 pounds.
Finally, the ordinance establishes a number of exceptions to the parking
limitation based on the vehicle's weight—a vehicle that is being actively
loaded or unloaded, a vehicle that is being used for the exclusive purpose
of providing active construction or other hired services to a property at the
parked location, recreational vehicles that are regulated under KCC
9.38.145, or government vehicles, public utility vehicles, or emergency
vehicles.
2 Amend KCC 9.38,120 and KCC 9.38.130
Re; Parking of Large Vehicles
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. -Amendment -KCC 9.38.120. Section 9.38.120 of
the Kent City Code, entitled "Parking of trucks on city streets—Finding," is
amended as follows:
Sec. 9.38.120. Parking and storage of large vehicles �raeifs
on city streets -Finding.
A. The city council finds that the parking and storage of ^emmereia
trucks, vans, tractor trailers, aftd-semi-trailers, and other vehicles with a
maximum gross vehicle weight rating that exceedsing fourteen
thousand and one (8,99914,001) pounds present 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 er eemmeFeia+-activity.
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.
SECTION 2. -Amendment -KCC 9.38.130. Section 9.38.130 of
the Kent City Code, entitled "Parking and storage of certain vehicles -
Penalty," is amended as follows:
Sec. 9.38.130. Parking and storage of large vehicles
on city streets�ei°rieFes -Penalty and exemptions.
3 Amend KCC 9,38,120 and KCC 9.38.130
Re; Parking of Large Vehic/es
I protyDltecl. 11 F.M.M.I.,37vemcreincE• •
eHele, van, trailer, or -• or -•
, that
xceedas-ln-g fourteen eight • • and one ••• •11 pounds
efined in RGW 46.44.036, 46.44.037, er 46.44.0 may be stored or
i - - - --- k-- - -- -%mo -- - - :. -- : i. - einr where.
arking or sterage is etheFwise pFohibited.
iExemptions, The parking • • • • - • in this sectionnot
apply to the following:
1. A vehicle that is being actively loaded or unloaded
2. A vehicle that is .being used for the exclusive purpose of
providing active construction or other hired services to a property at that
location, including construction, carpentry, plumbing, landscaping, and
moving services.
3. Recreational vehicles whose parking is regulated under KCC
9.38.145.
4. City of Kent or other government vehicles, public utilitx
vehicles, or emergency vehicles.
C$. Penalty and impoundment. 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.
DE. Authority to suspend enforcement. 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
4 Amend KCC 9.38.120 and KCC 9.38.
130
Re: Parking of Large Vehicles
enforcement of KCC 9.38.180(A)(15), (B)(6), and (C)(2), as well as
applicable sections of KCC 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.
SECTION 3. -Severability. If any one or more section, subsection,
or sentence of this ordinance is 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.
SECT%ON 4, -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 5. -Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
5 Amend KCC 9.38.120 and KCC 9.38.130
Re: Parking of Large Vehicles
PASSED: e "µ day of �t , 2016.
APPROVED: r day of i f , 2016.
PUBLISHED: day of ,Ll , 2016.
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.
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ONALD F. ,�fOORFt`CITY CiERK
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6 Amend KCC 9.38.120 and KCC 9.38.130
Re: Parking of Large Vehicles