HomeMy WebLinkAbout4214ORDINANCE NO. .
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending section
9.38.130 of the Kent City Code regarding the
parking and storage prohibition of large vehicles on
City streets to clarify that application of that code
section is determined by the vehicle's maximum
gross vehicle weight rating.
RECITALS
A. On April 19, 2016, the Kent City Council adopted Ordinance
No. 4192, which increased the weight threshold at which parking is
prohibited on City streets from a vehicle with a gross vehicle weight of
8,000 pounds to a vehicle with a gross vehicle weight rating in excess of
14,000 pounds.
B. Throughout Ordinance No. 4192, reference is made to the
weight determination being based upon the vehicle's maximum gross
vehicle weight rating, which is the only weight law enforcement officers are
able to confirm through state Department of Licensing records. Although
"gross vehicle weight rating" is referred to in the recitals of Ordinance No.
4192, and in Council's findings at section 9.38.120 of the Kent City Code
(` KCC"), due to a drafting oversight "gross vehicle weight rating" was not
expressly included within the parking prohibition established in KCC
9.38.130. This ordinance corrects that oversight.
1 Amend KCC 9.38,130—
Gross Vehicle Weight Rating
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -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 -Penalty and exemptions.
A. Parking prohibited. No vehicle, including a truck, van, trailer, or
semi -trailer, whether licensed or unlicensed, with a maximum gross
vehicle weight rating that exceeds fourteen thousand and one (14,001)
pounds may be stored or parked upon any city street.
B. Exemptions. The parking limitation provided in this section shall not
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 utility
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.
2 Amend KCC 9.38.130—
Gross Vehic% Weighf Rating
D. 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
enforcement of KCC 9.38.180(A)(15), (13)(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.
SECTION 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.
3 Amend KCC 9.38.i30—
Gross Vehicle Weight Rating
ATTEST:
SUE HAIVSON, INTERIM CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED:
APPROVED:
PUBLISHED: _
day of % , 2016.
day of �� , 2016.
day of 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.
P:\Clvil\Ordlnance\9.38-Parking a(Comm¢rciai TNcks-GrossVehideWeightRatlng.d¢IX
SUE HANSON, CITY CLERK
4 Amend KCC 9.38.130—
Gross Vehic% Weight Rating