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HomeMy WebLinkAboutCity Council Committees - Public Safety Committee - 04/12/2016 (2) Public Safety Committee Agenda Councilmembers: Dana Ralph – Les Thomas – Jim Berrios, Chair April 12, 2016 4:30 p.m. Item Description Action Speaker Time Page 1. Call to order Chair Berrios 1 2. Roll Call Chair Berrios 1 3. Changes to the Agenda Chair Berrios 1 4. Approval of Minutes, dated March 8, 2016 YES Chair Berrios 5 1 5. Drug Forfeiture Funds – Info Only NO Chief Thomas 10 5 6. Parking of Commercial Trucks on City Streets – Ordinance – Recommend YES Tammy White, Assistant City Attorney 10 11 7. Police Chief’s Update – Information Only No Chief Thomas 10 35 1 2 3 4 POLICE DEPARTMENT Ken Thomas, Chief of Police Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: April 12, 2016 TO: Operations Committee SUBJECT: Drug Forfeiture Funds – Amend Budget and Authorize Expenditure – Recommend INFORMATION ONLY SUMMARY: Youth LINC is a program managed by the Suburban King County Coordinating Council on Gangs (SKCCCG) and the Center for Children & Youth Justice (CCYJ). Through the Youth LINC Program, SKCCCG delivers direct services to referred gang-involved youth in Kent through its Intervention Team. The Intervention Team process, goals and function adhere to the requirements of the federal Office of Juvenile Justice and Delinquency Prevention (OJJDP) Comprehensive Gang Model (CGM). In accordance with the OJJDP CGM, the Intervention Team serves to implement the social intervention and opportunities provision strategies of the CGM. Funds would be used to support education, outreach, and enforcement of drug-related activities in our community. Under state law, money and other assets derived from the illegal sale, delivery, or receipt of a controlled substance are subject to seizure and forfeiture by a law enforcement agency. Once forfeited, these assets may be retained by the seizing law enforcement agency and used for the expansion and improvement of controlled substances-related law enforcement activity, though forfeited funds may not be used to supplant preexisting funding sources. The City’s Chief Prosecutor has advised that forfeiture funds may be used to support education, outreach, and enforcement of drug-related activities in the Kent community, including the efforts of SKCCCG through Youth LINC and grants supporting youth education. Therefore, the Kent Police Department requests Council grant the necessary authorization to amend the budget and authorize the expenditure of drug forfeiture funds as requested. This item is presented to the Public Safety Committee for information purposes only. It has been set for action before the Operations Committee on April 19, 2016. Exhibits: Youth LINC Intervention Team Overview OJJDP CGM Overview SKCCCG Full Overview Budget Impact: $175,000 to come from drug forfeiture funds 5 YOUTH LINC INTERVENTION TEAM OVERVIEW Youth LINC is program managed by the Suburban King County Coordinating Council on Gangs (SKCCCG) and Center for Children & Youth Justice (CCYJ). SKCCCG will deliver direct service to referred gang-involved youth through implementation of the Youth LINC Pilot Intervention Team beginning in January 2015. Intervention Team process, goals and function will adhere to the requirements of the OJJDP Comprehensive Gang Model (CGM). SKCCCG will continue to oversee all strategy and policy designs regarding Intervention Team function. Purpose: In accordance with the OJJDP CGM, The Intervention Team serves to implement the social intervention and opportunities provision strategies of the CGM. Facilitated by the SKCCCG Project Manager, this multidisciplinary team facilitates information-sharing and collaboration among agencies serving youth who are gang-involved. The team-based approach helps ensure that all agencies working with these clients have a common goal and shared strategies for each client, as well as diversity in expertise and experience. Youth LINC Intervention Team goals: Short term: • Create individualized intervention plans with participation of the gang-involved youth • Engage gang-involved youth in direct services to address their specific needs • Work together to dismantle or surmount barriers to service access and success Long Term: • Improve coordination and effectiveness of agencies serving gang-involved clients • Leverage existing resources to better serve gang-involved clients • Reduce gang-related crime and youth violence in the community • Support implementation of CGM strategies throughout the target community Youth LINC Intervention Team Location The Youth LINC Intervention Team will serve youth within the Renton Supervision Unit of King County Juvenile Probation Department. The Renton Supervision Unit includes SKCCCG School districts Renton, Highline and Tukwila. The Intervention Team may serve youth from outside the Renton supervision unit on a case by case basis as recommended by King County Juvenile Probation. Client Referral Process The Youth LINC Intervention Team will receive referrals from King County Juvenile Probation. King County Juvenile Probation identify youth as gang-involved during intake or at some point during probation. All youth identified as gang-involved are assigned to a specific set of specially trained Juvenile Probation Counselors (JPCs). Beginning in January 2015, youth identified as gang-involved in the pilot area (Renton Supervision unit) will be referred to the Youth LINC Intervention Team by the assigned JPC for review and program acceptance. Receiving referrals from Probation during the Youth LINC Intervention Team period will allow SKCCCG to: • Adhere to consistent client criteria based on a validated risk assessment • Encourage client participation through JPCs • Leverage existing services and resources for court-involved youth • Track specific client data and monitor client and intervention team outcomes 6 • Ensure strict fidelity to the CGM through type of clients served, data collected, and Intervention Team function Each Youth LINC Intervention Team Client will sign a participant consent form prior to participation in the program. If clients are under 18, parental consent will be obtained. Youth LINC Intervention Team Clients The Youth LINC Intervention Team will serve: • Clients ages 14-21 • Clients Identified as gang-involved by King County Juvenile Probation Youth LINC Intervention Team Member Agencies • Renton School District • Tukwila School District • Highline School District • Valley Cities • Consejo Counseling and Referral Services • Safe Futures Youth Center • Renton Area Youth and Family Services • Southwest Youth and Family Services • Boys and Girls Club • YMCA- Alive & Free • King County Employment and Education Resources • Renton Police Department • Des Moines Police Department • Tukwila Police Department • King County Sheriff’s Office • King County Juvenile Probation • Center for Children & Youth Justice Youth LINC Intervention Team Procedure Youth LINC Intervention Team will meet bi-weekly to accept referrals, establish client case management plans, and review client progress. Facilitated by the SKCCCG Project Manager, the Youth LINC Intervention Team will: • Review and accept referrals • Establish initial case management plans through consensus-based decision-making • Review client case management plans and client progress • Collect data and track client outcomes • Provide regular progress updates to SKCCCG Councilmembers 7 Office of Juvenile Justice and Delinquency Prevention Comprehensive Gang Model MODEL OVERVIEW In 1987, the Office of Juvenile Justice and Delinquency Prevention (OJJDP), a division of the U.S. Department of Justice, began designing a comprehensive approach to reduce and prevent youth gang violence. This effort resulted in the development and adoption of the OJJDP Comprehensive Gang Model (CGM). This model is now used as a national best practice for gang intervention and prevention throughout many communities in the United States. The CGM assumes that many factors contribute to gang involvement. These include: poverty, lack of education and opportunity, socio-economic and geographic status, family histories of violence and trauma, and drug and alcohol use. The CGM posits that successful reduction in gang violence must be based on a theoretical understanding of gangs, as well as monitored data collection and evaluation of many different types and scales of interventions. The CGM includes five key strategies to address gang-involved youth and families. Communities committed to implementing the CGM are encouraged to use a combination of all five strategies in order to achieve a comprehensive, sustainable result. Each strategy is briefly outlined below. In addition to these strategies, the CGM encourages communities use both policy change and direct service provision to create multidisciplinary partnerships and leverage existing programs and resources to better serve the affected population. FIVE STRATEGIES I. COMMUNITY MOBILIZATION Community mobilization is the act of mobilizing members of a community around an issue. This CGM strategy requires participation of agencies and organizations that work with youth grassroots and cultural community groups, community members, parents, and youth. In order to begin this process, the model recommends that participating communities form a steering committee. This group is comprised of key organizational and community leaders representative of the larger population. The steering committee serves as the governing body of the project, and works to define the gang problem, develop a plan to address the problem, and implement the project. II. OPPORTUNITIES PROVISION Gang-involved youth and families need viable opportunities as a positive alternative to gang involvement and associated violence. The CGM encourages communities to establish realistic plans and strategies to provide education, training, and job prospects. These strategies are to be integrated with existing social service activities such as mental health or substance abuse counseling. Community agencies and grassroots organizations play a key role in providing services such as tutoring, mentoring, apprenticeships, and job development and placement. III. SOCIAL INTERVENTION The CGM conducts social intervention through implementation of a multidisciplinary Intervention Team. This Team works to provide coordinated service delivery to gang-involved youth and families. Community agencies, Law enforcement, service providers, school representatives, probation staff and others are active participants in this team approach. The Team works together to leverage existing agency resources and provide or refer clients 8 to services such as such as tutoring and credit retrieval, internships and job placement, drug and alcohol counseling, and extracurricular activities such as arts workshops and sports. The CGM brings many youth- serving organizations together in a regularly-scheduled Intervention Team meeting. Team members review and enroll new referrals, create coordinated case management plans and ensures that clients benefit from an organized and well-documented network of coordinated services. Street Outreach staff are key members of the Intervention Team. Outreach workers connect face to face with hard-to-serve youth and function as a liaison between clients and team members. The outreach staff’s role is to identify a client’s needs and goals, provide mentorship, coordinate crisis responses to violence, assist the family in meeting basic needs and addressing conflict, and participate in team based case management provided by the intervention team. The main goal of Street Outreach staff is to advocate for clients and help them progress toward meeting their goals. IV. SUPPRESSION In the context of the CGM, suppression closely resembles community policing, and includes formal and informal methods. Law enforcement works collaboratively with the Intervention Team to address safety concerns and collect data on gang related incidents consistently. Local law enforcement is also involved in ongoing gang crime data collection and analysis, joint police and community activities and continuing professional development. V. ORGANIZATIONAL CHANGE AND DEVELOPMENT Organizational change and development requires that policies and practices of key organizations, especially those represented on the Intervention Team and Steering Committee, conform to the goals and objectives of the CGM. Developing and adapting policies and practices to become more inclusive and community-oriented ensures the optimal use of agency resources. Key organization change and development strategies include legislative change, re-entry policy reform, uniform data collection across agencies and increased collaboration and resource sharing. IMPLEMENTATION In order to successfully implement the CGM, the community must acknowledge and commit to addressing an existing gang issue. Next a lead agency is chosen and a Steering Committee comprised of elected officials, policy makers, school superintendents, community leaders, service agency directors and Law Enforcement leaders is convened. The Steering Committee serves as the governing body for the project and guides all project activities and policy decisions. In the initial stage of implementation the lead agency or research partner will conduct a thorough assessment to understand the nature and scope of the current issues faced by the community. Based on the key findings of the community assessment, the Steering Committee and other representatives will develop a comprehensive plan that incorporates all five strategies of the model to address the problem. The Intervention Team is a key component of this comprehensive plan, and supplements the policy initiatives of the model with the provision of targeted direct service to gang-involved youth and families. In order to evaluate success and inform future project efforts, the community must conduct ongoing evaluation of model implementation and outcome data. For further information please visit http://ccyj.org/initiatives/council-on-gangs/, or contact Anica Stieve, SKCCCG Project Manager at astieve@ccyj.org. 9 SUBURBAN KING COUNTY COORDINATING COUNCIL ON GANGS – IMPLEMENTATION PLAN OVERVIEW Implementation Plan In accordance with the Office of Juvenile Justice and Delinquency Prevention’s Comprehensive Gang Model, the Suburban King County Coordinating Council on Gangs (SKCCCG) and The Center for Children & Youth Justice (CCYJ) completed a Community Assessment in spring 2013. Based on key findings, SKCCCG identified six problem areas and developed corresponding goals to address each. Below is an outline of SKCCCG’s multi-strategy, comprehensive implementation plan to address gang violence in Suburban King County. Community Resources Increase collaboration between service providers in order to maximize efficiency of existing services for SKCCCG youth and families. • Convene a Service Provider Workgroup to guide related project efforts • Increase communication and data analysis among service providers • Support creation and launch of the Youth Program Directory – County-wide online directory of youth programs Community Engagement Increase community awareness and participation in gang prevention strategies and services. • Design and distribute a parent and community information campaign • Expand G.R.E.A.T. (Gang Resistance Education and Training) program sites across SKCCCG districts • Host training for community groups and law enforcement to achieve community mobilization Students and Schools Equip school-based staff and after school program staff with culturally appropriate tools to meet the educational social and emotional needs of gang affiliated youth. • Convene a workgroup of middle school counselors to guide prevention efforts • Conduct training for school staff and School Resource Officers (SROs) using National Gang Center resources • Partner with Road Map Project to integrate efforts and identify areas of collaboration • Participate in Road Map Project’s Opportunity Youth Initiative Gang-Involved Population Promote public safety and awareness of youth violence and gun and gang-related crime. • SKCCCG law enforcement agencies will implement a uniform data collection protocol across the region • Support and promote a public information campaign on home gun safety, in partnership with Public Health • SKCCCG Law enforcement workgroup will work to increase communication between schools, service providers and law enforcement to foster pro-social relationships with SKCCCG youth and families Targeted Intervention – Youth LINC Intervention Team Convene a multidisciplinary intervention team to deliver targeted intervention services to appropriate gang-involved clients. • The Youth LINC Intervention Team delivers comprehensive services to gang-involved youth in the project region Re-Entry Utilize direct service and policy reform to reduce barriers to successful re-entry and employment for gang involved youth and young adults • Create pro-work policies and support juvenile record sealing legislation • Engage local businesses and increase internship and employment opportunities for Youth LINC clients • Serve Youth LINC clients comprehensively to address and surmount barriers to successful re-entry SKCCCG serves the following school districts: •Auburn •Bellevue •Federal Way •Highline •Kent •Renton •Tukwila 10 OFFICE OF THE CITY ATTORNEY Tom Brubaker, City Attorney Phone: 253-856-5770 Fax: 253-856-6770 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: April 12, 2016 TO: Public Safety Committee SUBJECT: Parking of Commercial Trucks on City Streets – Ordinance - Recommend MOTION: Recommend Council adopt an ordinance that amends sections 9.38.120 and 9.38.130 of the Kent City Code to increase the weight threshold applicable to the parking and storage prohibition of large vehicles on City streets from 8,000 pounds to in excess of 14,000 pounds, to apply the parking prohibition to all vehicles, and to add exceptions for vehicles engaged in active construction, hired services, or loading or unloading; government, utility, or emergency vehicles; and recreational vehicles regulated under KCC 9.38.145. SUMMARY: The parking of commercial vehicles, including semi-truck tractors and semi-trailers, is regulated through the Kent City Code (“KCC”). The parking of these trucks and trailers on City streets is regulated under KCC 9.38.130 and KCC 9.38.140, while their parking on private property is regulated under the City’s zoning code provisions at KCC 15.08.085. Under 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 gross vehicle weight rating (GVWR) of 26,001 lbs or more 1. If residentially zoned property 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, nor are any other commercial vehicles that are longer than 19 feet. To the knowledge of the Law Department, there have been no enforcement issues with these zoning provisions.2 1 Trucks are classified according to their weight. A truck bearing a gross vehicle weight rating (GVWR) of 26,001 lbs to 33,000 lbs is referred to as a “Class 7” truck, which includes, for illustration purposes only, a garbage truck, a large furniture truck, a city transit bus, or a semi- truck tractor. 2 The Law Department does not propose that any changes be made to these zoning provisions. When this zoning provision was amended in 2006, there was an extensive public hearing process. Considerable time was also devoted to this issue by the Land Use and Planning Board, the Economic and Community Development Committee, and the City Council. The result was a well thought-out zoning decision. 11 Under the City’s parking code, some vehicles may not be parked upon City streets due to their weight. KCC 9.38.130(A) currently provides as follows: 9.38.130. Parking and storage of certain vehicles – Penalty. A. No commercial truck, vehicle, van, trailer, or semi-trailer, whether licensed or unlicensed, exceeding eight thousand (8,000) pounds as defined in RCW 46.44.036, 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. Based upon a citizen complaint concerning his neighbor’s parking of a tow truck, the Law Department became aware of some practical enforcement difficulties with KCC 9.38.130. First, it is not clear if the word “commercial” applies only to “truck” or whether it applies and modifies the remaining vehicle types identified. Second, the weight designated of 8,000 pounds is a low number that includes many vehicles used by citizens for regular transportation purposes, including many minivans, cargo vans, and full-size pickups. Third, it is not clear what terms or provisions are intended to be defined by references to RCW 46.44.036, RCW 46.44.037, and RCW 46.44.041. These RCW provisions describe what combination of truck and trailer may be pulled along Washington roads and the maximum weight each axle may bear. However, they are unrelated to determining a vehicle’s weight. Therefore, reference to these RCW provisions in KCC 9.38.130’s present form creates considerable confusion and enforcement difficulties. At the Committee’s November 10, 2015, meeting, the Law Department presented the issue to the Committee and explained the enforcement difficulties with the current version of KCC 9.38.130. At the Committee’s suggestion, the Law Department met with City staff to propose an amendment to KCC 9.38.130 for the Committee’s consideration. Staff consulted included members from the Police Department, the Public Works Department, the Economic & Community Development Department, and the Law Department. The consistent recommendation by staff is for Council to amend KCC 9.38.130 to apply the parking prohibition to those vehicles that exceed 14,000 pounds, which generally encompasses vehicles classified as a Class 4 or larger truck with a gross vehicle weight rating of 14,001 pounds or more. Staff also recommends removing the permissive 2-hour window and instead tying the exemption to work actively being conducted at the location where the vehicle is parked. Exhibits: (1) Copies of RCWs 46.44.036, 46.44.037, and 46.44.041; (2) Photo Example; (3) Truck Classification Reference Sheet; and (4) Agency Parking Comparison. Budget Impact: None 12 13 14 15 16 17 18 19 20 1 PARKING OF COMMERCIAL VEHICLES ON CITY STREETS AND RESIDENTIAL PROPERTY CITY HOW REGULATED TYPE OF VEHICLE PENALTY Kent  Cannot store or park described vehicle on any city street for longer than 2 hrs Exception:  When loading or unloading  Cannot park a detached trailer on any city street Exception:  Trailer involved in accident, red signal placed at each end during hours of darkness, may remain for 24 hours Parking Restriction: No parking on any city street of the following vehicles:  A commercial truck, vehicle, van, trailer, or semi-trailer exceeding 8,000 pounds (incl. Class 2) as defined by referenced RCWs. KCC 9.38.130  Any trailer or semi-trailer, unless attached to a vehicle. KCC 9.38.140(A) Infraction - $250  Cannot park described vehicle on certain private property Exception:  When actively delivering goods Zoning Restriction: Prohibits parking in certain residentially zoned property:  Land use of US (urban separator) and zoning designation of SR-1 (single-family, 1 unit per acre) KCC 15.08.085(A) o No “commercial vehicle,” which includes:  One used in a commercial enterprise that exceeds 19 feet in length  Truck tractors used in the drayage of semi-truck trailers.  Zoning designation of SR-2 or greater (single-family). KCC 15.08.085(B) o Vehicle w/GVWR of 26,001 lbs or more (Class 7) o Trailers w/GVWR of 10,001 or more if the GVWR of combined vehicles is 26,001 lbs or more Enforced through either:  Civil code enforcement action; or  Criminally charged with gross misdemeanor Auburn  Cannot park some large vehicles on any city street, except in those locations that are expressly identified  Cannot park a detached trailer on any city street Exceptions:  Vehicle is actively loading, unloading, or providing services in immediate vicinity AND free flow of traffic unobstructed  Unattached trailer has GVW less than 16,000, then it may be parked in a residential neighborhood for up to 24 hours. Parking Restriction:  No parking on any city street of: o Vehicle w/GVW of 16,000 lbs or more on city streets (top of Class 4 and greater)  Weight via DMV records  Permitted in some locations o Unattached trailer, semitrailer, or pole trailer Infraction - $250 21 2 CITY HOW REGULATED TYPE OF VEHICLE PENALTY Auburn (cont.)  Cannot park some large vehicles on any city street in residential zoning district Exceptions:  Pick-up trucks falling within Class 3 truck classification w/GVW not exceeding 14,000 lbs.  Principal arterials or minor arterials as designated in City’s transportation comprehensive plan. Parking Restriction: (cont.)  No parking on street in residential zoning district of: o Vehicle w/GVW of 10,000 lbs or more (top of Class 2 and greater) o Includes local streets and collector arterials as designated in City’s transportation comprehensive plan. Infraction - $250  Cannot park any commercial vehicle on any property within certain residential zoning district (R-1)  Cannot park more than 2 commercial vehicles on any property within another residential zoning district (RC) Zoning Restriction:  No parking any commercial vehicle on any property within R-1 residential zoning district  No parking of more than 2 commercial vehicles on any property within the residential conservancy RC zoning district. o “Commercial vehicle” means:  Semi-truck tractors and/or semi- trailers over 26,001 GVWR used in any commercial enterprise (Class 7 and greater) Enforced through:  Civil code enforcement action;  Civil infraction-$250 max  Criminally charged with gross misdemeanor for 3rd or subsequent offense  Civil action in superior court Bellevue  Cannot park any vehicle on any city street for longer than 24 hours Parking Restriction:  No parking on any city street, public way, or in same public place of o Any vehicle for more than 24 hours. Infraction - $25  Cannot park commercial vehicles overnight on any residential property w/o Home Occupation Permit Zoning Restriction:  No parking overnight on residential properties of: o Any commercial vehicle w/o Home Occupation Permit. o “Commercial vehicle” incls:  One used in a commercial enterprise that exceeds 19 feet in length  Truck tractors used in the drayage of semi-truck trailers. Enforced through either:  Civil code enforcement action; or  Criminally charged with misdemeanor 22 3 CITY HOW REGULATED TYPE OF VEHICLE PENALTY Des Moines  Cannot park certain large vehicles on any city street for longer than 24 continuous hours Parking Restriction:  No parking on any city street or unimproved ROW for more than 24 continuous hours o Any vehicle exceeding 7.5 feet in width; or o Any vehicle exceeding 20 feet in length Infraction - $50  Cannot park commercial vehicles in residential areas (section heading says truck tractors, trailers, and large commercial vehicles) Exceptions:  Vehicles 10,000 lbs or less (Class 1 and Class 2 OK) AND not exceeding 20 feet in length or 7.5 feet in width, with or without mounted camper unit, which are primarily used by the property owner for transportation.  Temporary and non-regular basis, not exceeding 24 hours when sight visibility is not obstructed Zoning Restriction:  No parking of commercial vehicles in residential areas o “Commercial vehicle” is defined as one whose principal use is transportation of commodities, merchandise, produce, freight, animals, or passengers for hire.  Infraction - $250  Civil code enforcement and abatement  Criminally charged w/gross misdemeanor  Civil action in superior court Everett  Cannot park any detached trailer or camper on any city street  Cannot park any vehicle for more than 72 continuous hours on any city street.  Cannot store a vehicle on any city street  Cannot park on city street in residential zone certain large and heavy vehicles Exceptions:  Property is actively loaded or unloaded from such vehicle,  Vehicle is a city vehicle or public utility vehicle providing a service to the public,  Vehicle is an emergency vehicle  Vehicle is currently used at and is located at a specific location within a residential zone for the purpose of assisting/providing services such as construction, carpentry, plumbing, or landscaping to such location  Motorhomes for maximum period of 24 hours Parking Restriction:  No parking on any city street o Any detached trailer or camper o Any vehicle at same location for more than 72 continuous hours o Any vehicle stored on city street or public ROW  No parking on any city street in a residential zone: o Truck, motor home, vehicle-trailer combination, or truck tractor-trailer combination:  w/manufacturer’s GVW in excess of 16,000 lbs (Class 5 and greater),  a length in excess of 20 feet, or  a width in excess of 8 feet Infraction:  $20 – Ticket 1- 3 in yr  $30 – Ticket 4 – 6 in yr  $50 – Tickets 7+ in yr  Cannot park heavy vehicles on residentially zoned lots (Class 5 and greater) Zoning Restriction:  No parking or storage on residentially zoned lots of vehicles over 16,000 lbs GVW (Class 5 and greater) o GVW determined by plate/marker showing manufacturer’s GVWR, or o Presumed less than 16,000 lbs GVW if less than 6 wheels; if 6 wheels or more, presumed 16,000 lbs GVW or more 23 4 CITY HOW REGULATED TYPE OF VEHICLE PENALTY Federal Way  Cannot park wide commercial vehicles on city streets in residential zones Exceptions:  When engaged in deliveries  When as support to an ongoing business activity, such as construction, moving, carpentry, plumbing, or landscaping, but only for the time reasonable and necessary to support the activity or make the delivery. Parking Restriction:  No parking on any city street in residentially zoned areas of: o A commercial vehicle more than 80 inches wide overall (≈ 6.66 feet) Infraction:  1st vio. = $100  2nd vio. = $200  3rd/subsequent vio.=$300  Cannot park certain commercial vehicles on residentially zoned lots Exceptions:  One commercial vehicle (standard pickup, light duty truck, or passenger vehicle) that does not exceed 10,000 lbs GVW rating (as defined by RCW 46.25.010) per residentially zoned lot (Class 2 max)  One commercial vehicle regardless of GVWR when parked or stored on lot zoned RS 35.0 (single-family residential zone) or SE (suburban estates zone)  When parked for exclusive purpose of loading or unloading and does not exceed 48 hours  When parked for construction purposes pursuant to a valid development permit  One commercial vehicle not more than 9 feet in height and 22 feet in length if used for private construction purposes and when not visible from ROW or access easement and not parked in driveway Zoning Restriction:  No parking or storage of commercial vehicles on residentially zones lots o “Commercial vehicle” is defined as one whose principal use is transportation of commodities, merchandise, produce, freight, animals, or passengers for hire.  Criminally charged with a misdemeanor  Civil code enforcement and abatement  Civil action in superior court Issaquah  Cannot park any vehicle on any city street longer than 24 hours  Cannot park certain large vehicles on any city street in a residential area for more than 6 hours Parking Restriction:  No parking on any city street or publically owned parking lot for a period exceeding 24 hours.  No parking on any city street within a residential area of the city o Any vehicle exceeding 30 feet in length for more than 6 hours  “Residential area” means those portions zoned or used for single- family or multi-family residential purposes Infraction –$250 or less  Cannot park commercial vehicles in residential areas Exceptions:  Temporary parking for delivery, pick up, moving, or service activities.  Heavy equipment parked on site that is in process of being developed Zoning Restriction:  No parking or storing of commercial vehicles in residential areas o “Commercial vehicle” = vehicle of size, weight not typically found in residential area o e.g., a pickup truck w/commercial logo okay, but semi-truck, semi-cab, tractor trailer, or heavy equipment not OK  Infraction - $250 or less  Civil code enforcement and abatement  Criminally charged w/gross misdemeanor  Civil action in superior court 24 5 CITY HOW REGULATED TYPE OF VEHICLE PENALTY Kirkland  Cannot park any trailer on any city street or off-street public parking facility Exception:  Any off-street parking facility signed by traffic engineer for the parking of trailers and adjacent to a public park, recreational area, and boat launch site  Cannot park truck tractor or heavy vehicle on any city street or off-street public parking facility Exception:  Any area identified on map that does not include or abut residential uses where director designated excluded vehicles may be parked DOES NOT extend to private property Parking Restriction:  No parking on any city street or off-street public parking facility: o Any trailer o A truck tractor or vehicle w/a GVW of 25,000 lbs or more (high Class 6 and greater)  “Truck tractor” incl. any vehicle designed and used primarily for drawing other vehicles. Infraction - $35 or such other amount as set though court’s penalty schedule Puyallup  Cannot park any vehicle on city streets for more than 72 hours.  Cannot park any truck, trailer, or other conveyance wider than 7 ft. on city street, unless actually loading or unloading it.  In some residential zones a parking permit is required, and a parking permit will not be issued to the described trucks, trailers, and commercial vehicles DOES NOT extend to private property Parking Restriction:  No parking on any city street o Any vehicle for more than 72 continuous hours o Any truck and/or trailer or other conveyance that is over 84 inches (7 ft) wide, except while actually loading or unloading  Provides that parking permits in restricted parking zones in residential areas will not be issued to: o Truck w/GVWR over 24,000 lbs (mid Class 6 and greater) or more than 22 ft long o Trailer w/GVWR over 10,000 lbs or more than 20 ft long o Comm’l vehicle w/width of 8 ft or more o Truck/trailer w/o current license o Truck/trailer/vehicle that is sight distance obstruction, impairs ER vehicle o RV w/GVWR of 24,000 lbs or more, or longer than 28 ft Infraction - $35 Redmond  Cannot park any vehicle on any city street longer than 24 hours  Cannot park certain large vehicles on any city street in a residential area for more than 6 hours DOES NOT extend to private property Parking Restriction:  No parking on any city street for a period exceeding 24 hours.  No parking on any city street within a residential area of the city o Any vehicle exceeding 30 feet in length for more than 6 hours  “Residential area” means those portions zoned or used for single- family or multi-family residential purposes Infraction – $250 or less* * Penalty as set by Council through penalty schedule 25 6 CITY HOW REGULATED TYPE OF VEHICLE PENALTY Renton  Cannot park any trailer, or any bus or truck used for business purposes, within any residential zone from the hours of 9 p.m. to 6 a.m. Exception:  Recreation trailers  Pickup and panel trucks of less than one-ton rated capacity  Cannot park certain vehicles on the ROW if all of the adjacent structures are residential dwellings Exceptions:  Vehicles engaged in deliveries or as support to an ongoing business activity, such as construction or moving, for that time reasonable and necessary to support the activity or make the delivery  Commercial vehicles used for passenger or community purposes that are under 12,000 lbs (mid Class 3 and below)  Privately owned recreational vehicles and boats, unless park of a commercial activity such as sales, repairs, or servicing.  Utility trucks when owned by a public or quasi- public agency and when the drivers are required by their employment to respond to emergencies  Can park some commercial vehicles and large vehicles on ROW under listed limitations Exceptions:  Vehicles engaged in deliveries or as support to an ongoing business activity, such as construction or moving, for that time reasonable and necessary to support the activity or make the delivery  Commercial vehicles used for passenger or community purposes that are under 12,000 lbs (mid Class 3 and below)  Privately owned recreational vehicles and boats, unless park of a commercial activity such as sales, repairs, or servicing.  Utility trucks when owned by a public or quasi- public agency and when the drivers are required by their employment to respond to emergencies DOES NOT extend to private property Parking Restriction:  No parking within any residential zone from the hours of 9 p.m. to 6 a.m. the following vehicles: o All types of trailers designed to be drawn by a motor vehicle, except recreation trailers o Buses and trucks used for business purposes in whole or in part, excluding pickup or panel trucks of less than one- ton rated capacity.  No parking of any trailer or semi-trailer disconnected from a commercial vehicle on any street or public property at any time  No parking on any ROW in which all of the adjacent structures are occupied as residential dwellings: o Any commercially licensed vehicle o Any vehicle over 12,000 lbs GVW (mid Class 3 and greater) o “Adjacent structures” means those on the same side of the ROW as the area for parking and within the same block. o “GVW” is defined by RCW 46.16.111. (now RCW 46.16A.455)  If all of the adjacent structures are not residential dwellings, and there is existing developed commercial or business occupancies, parking of commercial vehicles or vehicles over 12,000 GVW is permitted only on that portion of the ROW abutting developed commercial or business property, BUT o Parking prohibited for more than 2 hours. o Commercial vehicles and vehicles over 12,000 lbs GVW prohibited between hours of 12:00 a.m. and 3:00 a.m. and hours of 9:00 p.m. and 6:00 a.m. o No parking a commercial vehicle within 500 feet of residential dwellings o No operation of any motor, engine, compressor, or other device for more than 10 consecutive minutes or a total of 10 minutes within any 2 hour period. Infraction – $250 or less* * Actual fee schedule to be set by municipal court judge 26 7 CITY HOW REGULATED TYPE OF VEHICLE PENALTY Vancouver  Cannot park certain vehicles on city streets in residential areas Exceptions:  Parked for a reasonable amount of time for the express purpose of loading or unloading  When as support to an ongoing business activity, such DOES NOT extend to private property Parking Restriction: No parking on any city street within a residential area of the City:  A truck with a gross weight capacity in excess of 9,000 lbs (high Class 2 or greater)  A trailer  A travel trailer  A motor home Infraction - $30 P:\Civil\Files\Open Files\2063-Parking of Commercial Trucks\Agency Comparison.docx 27 ORDINANCE NO. AN 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 gross vehicle weight rating of 26,001 pounds or more. If residentially zoned property 28 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 RCW 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. 29 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE 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 trucks on city streets – Finding. A. The city council finds that the parking and storage of commercial trucks, vans, tractor trailers, and semi-trailers, and other vehicles, with a maximum gross vehicle weight rating that exceedsing eight fourteen thousand and one (8,00014,001) 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 or commercial 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 certain vehicles on city streetsvehicles – Penalty and exemptions. 30 A. Parking prohibited. No commercial vehicle, including a truck, vehicle, van, trailer, or semi-trailer, whether licensed or unlicensed, that exceedsing fourteen eight thousand and one (8,00014,001) pounds as defined in RCW 46.44.036, 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. 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. CB. 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. DC. 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 31 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. 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. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK 32 APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: 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. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\9.38-Parking of Commercial Trucks-Class 4 Ban-KPD.docx 33 34 POLICE DEPARTMENT Ken Thomas, Chief of Police Phone: 253-856-5800 Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: April 12, 2016 TO: Public Safety Committee SUBJECT: Police Chief’s Update – Information Only Information Only SUMMARY: Chief Thomas will present information regarding the current events affecting the police department: 35