Chapter 46.28 PARKING

To provide regulations, definitions, instructions, and enforcement authority over the issue of parking within the city of Everett. (Ord. 2180-96 § 1, 1996)

46.28.020 Definitions.

Unless otherwise provided or unless the context clearly requires a different meaning, the following terms shall have the meaning given to them herein:

A. “Alley” means a public highway not designed for general travel and used primarily as a means of access to the rear of residences and business establishments.

B. “Alley entrance” means that portion of the street which provides access to an alley through a curb cut or a depression in the constructed curb or, when there is no constructed curb, that area in front of such alley as is well defined or is designated by authorized signs or markings. “Alley entrance” shall include an alley exit for one-way alleys.

C. “Bus” means every motor vehicle designed for carrying more than fifteen passengers and used for transportation of persons, and every motor vehicle, other than taxicabs, designed and used for the transportation of persons for compensation.

D. “Bus stop” means a fixed portion of the highway parallel and adjacent to the curb and designated by a sign to be reserved exclusively for buses for layover in operating schedules or while waiting for, loading or unloading passengers; provided, that such bus provides regularly scheduled service within the city.

E. “Camper” means a structure designed to be mounted upon a motor vehicle and which provides facilities for human habitation or for temporary outdoor or recreational lodging.

F. “Central business district” means the area bounded on both sides of the street by Pacific Avenue to the south, Twenty-Fifth Street to the north, Broadway to the east, and Rucker Avenue to the west, and shall include the additional block bounded by Hewitt to the south (both sides), California to the north (south side only) and Grand to the west (both sides).

G. “City” means the city of Everett, a municipal corporation under the laws of the state of Washington. This also refers to city of Everett departments including the Everett municipal court.

H. “City street” or “street” means every public highway or part thereof located within the limits of the city, except alleys.

I. “Commercial vehicle” is any vehicle, the principal use of which is the transportation of commodities, merchandise, produce, freight, animals, or passengers for hire.

J. “Court” means the Everett municipal court.

K. “Crosswalk” means that portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or, in the event there are no improved sidewalks, then between the intersection area and a line ten feet therefrom, except as modified by a marked crosswalk.

L. “Curb” or “curb line” means the edge of a roadway, whether marked by curbing construction or not.

M. “Department” means the Washington State Department of Licensing.

N. “Employee” means: (1) persons engaged for wages, credit or other consideration, or as a volunteer, at the time and proximate location of the violation; (2) an employer exercising employment responsibilities at the time and proximate location of the violation; or (3) an owner of a business exercising ownership responsibilities at the time and proximate location of the violation.

O. “Fire exit” means:

1. That portion of any street contiguous to and opposite any outside court, corridor, passage, fire escape, exit or entrance door; or

2. Any other place adjacent to, or any door opening in an outer wall of any building containing, in whole or in part, any theater, public auditorium, church, dance hall, or other public assembly through which the public must pass to leave such building.

P. “Fire lane” means lanes on streets or ways open to the public where, because of the congregating of people or the stopping, standing or parking of vehicles, there exists a hazardous condition in case of fire or other disaster.

Q. “Fire zone” means an area of street in the vicinity of churches, schools, hospitals, theaters or other public buildings, and an area along curves, narrow streets, and in alleys to facilitate unimpeded exit from buildings by large numbers of persons and to facilitate adequate maneuvering room for fire apparatus at all times.

R. “Highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

S. “Intersection” means the area embraced within the prolongation of the lateral curb lines, or, if there be no curbs, then the lateral roadway boundary lines of two or more streets which join one another at an angle, whether or not such streets cross one another. The junction of an alley with a street or highway shall not constitute an intersection.

T. “Legal owner” means a person having a security interest in a vehicle perfected in accordance with Chapter 46.12 RCW or the registered owner of a vehicle unencumbered by a security interest or the lessor of a vehicle unencumbered by a security interest.

U. “Loading zone” means a space reserved for the exclusive use of vehicles during the loading or unloading of property or passengers.

V. “Motor home” means motor vehicles originally designed, reconstructed or permanently altered to provide human habitation.

W. “Motor vehicle” means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

X. “Motorcycle” means every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.

Y. “Operator” or “driver” means every person who drives or is in actual physical control of a vehicle.

Z. “Ordinance” means the city’s parking regulation ordinance.

AA. “Owner” means a person who has lawful right of possession of a vehicle by reason of obtaining it by purchase, exchange, gift, lease, inheritance or legal action whether or not the vehicle is subject to a security interest and means registered owner where the reference to owner may be construed as either to registered or legal owner.

BB. “Park or parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of property or passengers.

CC. “Parking enforcement officer” means an employee of the city of Everett under the direction of the police department who is responsible, along with the city’s police officers, to enforce the provisions of this chapter.

DD. “Parking hearing examiner” means the judge(s) of the Everett municipal court.

EE. “Parking infraction” means that form of traffic infraction concerning the infringement of any parking regulation set forth in this chapter.

FF. “Parking meter” means any mechanical device placed or erected adjacent to a parking meter space, for the purpose of regulating or controlling the period of time of occupancy of such parking meter space by any vehicle.

GG. “Parking space” means an area duly designated for the parking of a single vehicle by appropriate markings on the pavement and/or the curb, or where no such markings are provided, the area necessary to accommodate a single vehicle.

HH. “Passenger loading zone” means a place reserved for the exclusive use of vehicles while receiving or discharging passengers.

II. “Planting strip” means that portion of a highway lying between the constructed curb or the edge of the roadway and the property line exclusive of the sidewalk area.

JJ. “Police officer” means a law enforcement officer of the city of Everett.

KK. “Registered owner” means the person whose lawful right of possession of a vehicle has most recently been recorded with the Washington State Department of Licensing.

LL. “Repark” means the moving of a parked vehicle from one parking space where time limits are posted to another parking space where time limits are posted, regardless of the amount of time the vehicle is parked in either space.

MM. “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder, even though such sidewalk or shoulder is used by persons riding bicycles.

NN. “Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is marked or indicated by painted marks, signs, buttons, standards, or otherwise, so as to be plainly discernible.

OO. “Sidewalk” means that property between the curb lines or the lateral lines or a roadway and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians.

PP. “Stand or standing” means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.

QQ. “Stop or stopping” means any halting of a vehicle resulting in complete cessation from movement, even momentarily.

RR. “Tow-away zone” means a portion of a street or alley that is signed or marked as a tow-away zone.

SS. “Trailer” includes every vehicle without power designed for being drawn by or used in conjunction with a motor vehicle.

TT. “Truck” means any motor vehicle designed or used for the transportation of commodities, merchandise, produce, freight or animals.

UU. “Truck loading zone” means a designated portion of the street reserved for the exclusive use of truck licensed commercial vehicles during the loading and unloading of materials.

VV. “Vehicle” means every device capable of being moved upon a highway and in, upon, or by which any person or property is or may be transported or drawn upon a public highway, including mopeds, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. For purposes of this chapter, the definition of “vehicle” encompasses, but is not limited to, motor vehicles, trailers, trucks and motorcycles. (Ord. 2826-05 § 1, 2005: Ord. 2795-04 § 1, 2004; Ord. 2691-03 § 1, 2003: Ord. 2180-96 § 2, 1996)

46.28.030 Stopping, standing or parking prohibited in specified places.

A. Except when necessary to avoid conflict with other traffic, or in compliance with the law or the directions of a police officer or official traffic control device or as otherwise posted by the city, no person shall:

1. Stop, stand or park a vehicle:

a. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

b. On a sidewalk or street planting strip;

c. Within an intersection;

d. On a crosswalk;

e. Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless official signs or markings indicate a different no-parking area opposite the ends of a safety zone;

f. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;

g. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

h. On or within three feet of any railroad track;

i. In the area between roadways of a divided highway including cross-overs;

j. At any place where official signs prohibit stopping;

k. Within any fire exit; or

l. At any place where red curb markings are used to designate no-parking zones.

2. Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

a. In front of a public or private driveway or within five feet of the end of the curb radius leading thereto;

b. Within fifteen feet of a fire hydrant;

c. Within twenty feet of a crosswalk;

d. Within thirty feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway;

e. Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of said entrance when properly signed;

f. At any place where official signs prohibited standing; or

g. At any place where city barricades are placed.

3. Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers:

a. Within fifty feet of the nearest rail of a railroad crossing; or

b. At any place where official signs prohibit parking.

B. Parking or standing shall be permitted in the manner provided by law at all other places where a time limitation or parking restriction has been imposed.

C. No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as is prohibited. (Ord. 2826-05 § 2, 2005: Ord. 2180-96 § 3, 1996)

46.28.035 Vehicle license.

No person shall stop, stand or park a vehicle on any roadway, right-of-way or alley unless the vehicle has displayed current and proper vehicle license number plates. Each consecutive twenty-four-hour period shall constitute a separate violation. (Ord. 2603-02 § 1, 2002)

46.28.040 Next to curb.

A. Parallel Parking.

1. Every vehicle standing or parked upon a two-way roadway shall have the right-hand wheels parallel to and within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.

2. Every vehicle standing or parked upon a one-way roadway shall be parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within twelve inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder.

3. In the event a highway includes two or more separate roadways, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking.

B. Angle Parking.

1. Upon those streets which have been signed or marked for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. The wheel nearest the curb or edge of the roadway shall be no more than twelve inches away from said curb or edge.

2. No person shall stop, stand or park a vehicle in any space which has been signed or marked for angle parking so that the vehicle, or any portion thereof, extends into the traveled portion of the roadway so that the vehicle either obstructs, endangers or is likely to obstruct or endanger pedestrians or traffic.

C. Parking on Grade. Notwithstanding the requirements set forth in this section, no person shall stand or park a vehicle upon any perceptible grade without first turning the front wheels to the curb or the side of the roadway. (Ord. 2180-96 § 4, 1996)

46.28.050 Improper stopping, standing or parking.

A. No person shall stop, stand or park a vehicle in any designated parking space so that any part of such vehicle occupies more than one such space, protrudes beyond the markings designating such space or protrudes into the maneuvering lines, except that a vehicle which is of a size too large to be parked within a single designated parking space shall be permitted to occupy two or more adjoining spaces which are not otherwise restricted.

B. No person shall stop, stand or park a vehicle in any parking space for a period of time longer than the period permitted by official signs. Once a vehicle remains in a parking space beyond the time which the signage permits, each subsequent period of time for which the vehicle remains beyond the period of time allowed by the signage shall constitute a separate violation.

C. No person shall stop, stand or park a vehicle in any parking space which is designated “Motorcycle Only” unless the person stops, stands or parks a motorcycle as defined herein within the designated parking space. Motorcycle spaces will be designated by the city’s traffic engineer. (Ord. 2180-96 § 5, 1996)

46.28.060 Buses and taxicabs.

A. The operator of a bus shall not stand or park such vehicle upon any street or alley at any place other than a designated bus stop. This provision shall not prevent the operator of a bus from temporarily stopping in accordance with other stopping, standing or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers or their baggage.

B. The operator of a taxicab shall not stand or park such vehicle upon any street or alley at any place other than in a designated taxicab stand. This provision shall not prevent the operator of a taxicab from stopping in accordance with other stopping, standing or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers.

C. No person shall stop, stand or park a vehicle other than a bus in an officially authorized bus stop, other than a taxicab in an officially authorized taxicab stand, except the driver of a passenger vehicle may temporarily stop there for the purpose of or while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such stop or stand. (Ord. 2180-96 § 6, 1996)

46.28.070 Parking for disabled persons.

A. A person who has received a current and valid special disabled person’s card, decal or license plate from the Washington State Department of Licensing under RCW 46.16.381 shall be allowed to park a vehicle being used to transport such person in parking meter spaces free of charge and in nonmetered spaces for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted except as otherwise provided in subsection B of this section. This section shall have no application to those zones or areas in which the stopping, parking or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Such person shall not be permitted the foregoing privilege unless the person obtains and displays a distinguishing card, decal, or license plate issued pursuant to RCW 46.16.381.

B. No person shall stop, stand or park a vehicle in a parking space reserved for disabled persons provided on-street or on private property without charge without obtaining and displaying a special license plate, card, or decal issued pursuant to RCW 46.16.381; provided, pursuant to RCW 46.16.381 a time limitation of four hours is imposed on the use of such parking spaces for on-street parking when so signed and a time restriction of four hours is imposed on the use of nonreserved, on-street parking spaces by vehicles displaying the special parking placards when such time restriction is clearly posted.

C. A parking space or stall for a disabled person shall be identified as described in RCW 46.61.581 including fine, time limitation (if applicable), and tow-away information. Notwithstanding any provision in this chapter, in accordance with RCW 46.61.581, failure of the person owning or controlling the property where required parking spaces are located to erect and maintain the sign is a class 2 civil infraction under Chapter 7.80 RCW for each parking space that should be so designated. The person owning or controlling the property where the required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure to do so is a class 2 civil infraction.

D. No person shall make inaccessible the access aisle located next to a space reserved for physically disabled persons.

E. Notwithstanding any provision in this chapter, the city’s police department is authorized to appoint volunteers, with a limited commission, to issue notices of infractions for violations of the city’s disabled parking regulations. Volunteers must be at least twenty-one years of age and meet such additional qualifications as established by the city’s police department. A notice of infraction issued by a volunteer appointed under this section has the same force and effect as a notice of infraction issued by police officers and parking enforcement officers for a violation of the city’s disabled parking regulations. (Ord. 2317-98 § 2, 1998: Ord. 2180-96 § 7, 1996)

46.28.080 Parking for disabled persons—Private property.

Parking for disabled persons on private property may be regulated in accordance with those provisions authorized by law. (Ord. 2180-96 § 8, 1996)

46.28.090 Parking for certain purposes prohibited.

A. No person shall park any vehicle upon any street or alley for the principal purpose of:

1. Displaying of commercial or noncommercial signs;

2. Displaying such vehicle for sale; or

3. Selling merchandise from such vehicle, except when authorized by the city clerk.

B. No person shall park any vehicle upon any roadway for the principal purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency. (Ord. 2180-96 § 9, 1996)

46.28.100 Passenger loading zone.

No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger loading zone during hours when the regulations applicable to the loading zone are effective and then only for a period not to exceed three minutes. (Ord. 2180-96 § 10, 1996)

46.28.110 Loading zone.

A. No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious unloading and delivery or pickup and loading of property in any place marked as a loading zone during hours when the provisions applicable to such zone are in effect. In no case shall the stop, stand or park for loading and unloading of property exceed thirty minutes.

B. The driver of a vehicle may stop temporarily at a loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter such zone to load or unload property. (Ord. 2180-96 § 11, 1996)

46.28.115 Mail receptacles.

No person shall stop, stand or park a vehicle on any roadway or right-of-way which in any way blocks, hinders or otherwise impairs access to a mail receptacle. (Ord. 2603-02 § 2, 2002)

46.28.120 Tow-away zone.

No person shall stop, stand or park a vehicle in a place marked as a tow-away zone during hours when the provisions applicable to such zone are in effect. (Ord. 2180-96 § 12, 1996)

46.28.130 Marked fire lane or zone.

No person shall stop, stand or park a vehicle in a place marked as a fire lane or fire zone approved by the city. (Ord. 2826-05 § 3, 2005: Ord. 2180-96 § 13, 1996)

46.28.140 Parking not to obstruct traffic.

A. No person shall park a vehicle upon a street in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for free movement of vehicular traffic.

B. No person shall stop, stand or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property or obstruct the free movement of vehicular traffic. (Ord. 2180-96 § 14, 1996)

46.28.150 Truck loading zone.

No person shall stop, stand or park a truck licensed commercial vehicle for any purpose or length of time other than for the expeditious unloading and loading of property in a truck load zone during the hours the zone restriction is in effect, and then in no case shall such parking for loading and unloading of property exceed thirty minutes. No person shall stop, stand or park a vehicle in a truck loading zone which vehicle is not a truck licensed commercial vehicle. (Ord. 2180-96 § 15, 1996)

46.28.160 Unattended vehicles.

A. No person driving or in charge of a vehicle shall permit it to stand unattended on any street, highway, alley or public or private property without first stopping the engine, locking the ignition, removing the key and effectively setting the brake thereon and, when standing upon any perceptible grade, turning the front wheels to the curb or side of the street or property.

B. No person operating or in charge of a vehicle shall permit such vehicle to stand upon a street, alley or in a public place with its motor running, leaving a minor child or children under the age of sixteen years unattended therein. (Ord. 2180-96 § 16, 1996)

46.28.170 Alley parking.

Except in the case of an emergency or in the case of a person who has a valid right-of-way use permit or service parking permit, no person shall park or stand a vehicle in an alley within the city for purposes other than actively loading or unloading, or for the rendering of service to adjacent property. In the case of rendering service to adjacent property, no vehicle shall remain parked or standing beyond thirty minutes. Persons providing service requiring more than thirty minutes are required to obtain a city right-of-way use permit from the public works department (or designee) for each incident or an annual service parking permit from the city clerk (or designee). In no event shall vehicles parked in alleys obstruct or hinder vehicular or pedestrian travel. (Ord. 2180-96 § 17, 1996)

46.28.180 Service parking.

A. Persons conducting loading operations or providing service on more than a one-time basis utilizing commercial vehicles may make application with the city clerk for an annual service parking permit. The city clerk (or designee) is authorized to issue a service parking permit to persons conducting loading operations or to persons rendering a service or repair to buildings, equipment or utilities such as contractors, painters, plumbers, carpenters, electricians or others. In addition, the city clerk (or designee) is authorized to issue service parking permits to persons who as a necessary part of their business provide delivery service or repair service in commercial vehicles.

B. A service parking permit exempts permitted commercial vehicles from parking time limit restrictions and from prohibitions against reparking while actively conducting loading operations, or while actively rendering service to adjacent property, or while actively providing delivery service or repair service in a commercial vehicle.

C. The following procedure shall be followed in the issuance of service parking permits:

1. Application shall be made to the city clerk (or designee) on a form provided by the city clerk. The applicant shall set forth the applicant’s business vehicle license number and the necessity for such permit.

2. If it appears that the criteria set forth herein are met and that the parking of the vehicle will not endanger or likely endanger potential users of the city’s alleys, streets or sidewalks, the city clerk or designee may authorize the issuance of such permit upon payment of the fees and compliance with all other conditions. Each vehicle parking pursuant to this provision shall display the permit in accordance with the rules and regulations promulgated by the city clerk.

3. The city clerk (or designee) may revoke any service parking permit if the permit is used for any purpose other than that authorized herein or if the vehicle authorized to display such permit obstructs any alley, sidewalk, or street, or parks in a manner which endangers or is likely to endanger users of the alley, sidewalk, or street or parks in a restricted zone (such as a bus zone, fire zone or danger zone).

4. Any such permit issued hereunder shall, unless revoked, be valid for a period of one year from January 1st or any portion of the year from the date of issuance to the following December 31st.

5. The fee for a permit shall be twenty-five dollars per year; provided, however, the permit fees for any person, firm, corporation or association shall not exceed two hundred fifty dollars per year.

6. No public utility vehicle which is clearly and appropriately marked and identified as such will be required to display a permit as provided herein. Any public utility using unmarked vehicles shall provide the city clerk or designee with a list of license numbers for those unmarked vehicles and will be issued a sticker for each vehicle which sticker must be properly displayed.

In no event shall vehicles obstruct or hinder vehicular or pedestrian travel. The service parking permit does not exempt the holder from the time restriction in a loading zone. (Ord. 2826-05 § 4, 2005: Ord. 2180-96 § 18, 1996)

46.28.190 Vehicles back to curb—Front to curb.

No person shall stop, stand or park a vehicle backed to the curb on any city street except when specifically authorized by posted signs. Where posted back-in parking, no person shall stop, stand or park a vehicle front-in to the curb on any city street. (Ord. 2180-96 § 19, 1996)

46.28.200 Time zones.

No person shall stop, stand or park a vehicle in a parking space beyond the time permitted by official signs. (Ord. 2826-05 § 5, 2005: Ord. 2691-03 § 2, 2003: Ord. 2395-99 § 1, 1999: Ord. 2180-96 § 20, 1996)

46.28.205 Reparking.

A. Area Outside the Central Business District. No person shall repark within the same block on either side of the street where parking spaces have time limits imposed. Except as specifically provided below for parking within the central business district, a vehicle shall be deemed to be reparked and in violation of this subsection despite any movement of the vehicle unless the vehicle is moved sufficiently to pass through or across a street intersection.

B. Areas Within the Central Business District. No person shall repark anywhere within the central business district between the hours of eight a.m. and six p.m., Monday through Friday; provided, however, it shall not constitute a violation of this subsection if the vehicle is reparked for the primary purpose of immediate shopping or the immediate securing of services within the central business district. Nothing in this subsection is intended to, nor shall be construed to, include reparking for the purpose of employment or attending classes within the meaning of “securing of services” as an allowable purpose for reparking within the central business district.

C. No employee shall repark within the central business district between the hours of eight a.m. and six p.m., Monday through Friday. (Ord. 2826-05 § 6, 2005)

46.28.210 Parking trailers, campers, motor homes and trucks.

A. No person shall detach and/or park any trailer or camper upon any street or alley.

B. Persons stopping, standing or parking trailers which are attached to towing vehicles shall abide by all parking regulations as set forth in this chapter.

C. No person shall stand or park a truck, motor home, any vehicle-trailer combination or truck tractor-trailer combination which has a manufacturer’s gross vehicle weight in excess of sixteen thousand pounds, a length in excess of twenty feet or a width in excess of eight feet upon any portion of a street or alley within any residential zone as defined in the city’s zoning code and zoning map except when:

1. Property is actively loaded or unloaded from such vehicle; or

2. The vehicle is a city vehicle or public utility vehicle providing a service for the public; or

3. The vehicle is an emergency vehicle; or

4. Such vehicle is currently used at and is located at a specific location within a residential zone for the purpose of assisting in the providing of services such as construction, carpentry, plumbing or landscaping to such residence or location.

Provided, however, motor homes can stand or park on a city street in a residential zone for a maximum period of twenty-four hours; provided said vehicles do not violate any parking restrictions (such as posted time zones) and meet all other parking regulations. (Ord. 2826-05 § 7, 2005: Ord. 2180-96 § 21, 1996)

46.28.220 Use of streets and alleys—Parking over seventy-two hours, storage of vehicles prohibited.

A. The purpose of city streets and alleys is to facilitate vehicular and pedestrian travel and provide corridors for utilities. Those uses which are inconsistent with this purpose are prohibited unless otherwise approved by the city through such processes as the right-of-way use permit or parade authorization process. No person shall stop, stand or park a vehicle in violation of this section.

B. No person shall park any vehicle at the same location on any city street or other public right-of-way within the city for more than seventy-two continuous hours without driving the vehicle through or across a street intersection. If the vehicle being parked in violation of this subsection is subject to a more restrictive statute or ordinance, the statute or ordinance with the more restrictive time period controls.

C. No person shall store any vehicle on any city street or other public right-of-way within the city. (Ord. 2826-05 § 8, 2005: Ord. 2180-96 § 22, 1996)

46.28.230 Parking facilities.

A. City Parking Facilities.

1. The provisions of this chapter shall apply to all city of Everett owned or controlled parking facilities; provided, in the case of any city-owned or controlled parking facility managed by a third party, the third party may impose provisions in addition to or in lieu of the provisions of this chapter. The city clerk will provide the municipal court with a listing of city of Everett owned or controlled parking facilities.

2. No person shall stop, stand or park a vehicle within city parking facilities described in subsection (A)(1) of this section where official signs or designations prohibit stopping, standing or parking. No person shall stop, stand or park a vehicle in any parking space designated “Official Business” unless that person is attending to official city business at a city building. No person shall stop, stand or park a vehicle in any parking space designated “Rideshare Parking” unless that person has a valid permit to do so. The permit must be displayed so it can be seen through the vehicle’s windshield.

3. In addition to, or in lieu of the penalties provided in Section 46.28.270, the city may take such action as it deems appropriate including the impoundment of vehicles.

B. Notwithstanding any other provision found in this chapter, the city may authorize city vehicles with emergency equipment which are designated as exempt vehicles by the Department of Licensing to park in alleys provided the alleys are signed by the city to permit such parking. No person shall park a vehicle in an alley which has been so designated unless he/she parks a city vehicle with emergency equipment which is designated an exempt vehicle by the Department of Licensing.

C. City Vehicle Parking. Notwithstanding any other provision found in this chapter, the city may designate parking spaces on city streets as parking for city vehicles only. No one shall stop, stand or park a vehicle in a parking space which has been designated for city vehicles only unless that person stops, stands or parks an official city vehicle in that parking space. (Ord. 2603-02 § 4, 2002; Ord. 2180-96 § 23, 1996)

46.28.240 Regulations not exclusive.

The provisions of this chapter imposing time limits on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. (Ord. 2180-96 § 24, 1996)

46.28.250 Enforcement of parking regulations.

A. The parking regulations set forth in this chapter shall be enforced by the city’s police officers and the city’s parking enforcement officers. For parking violations occurring within one thousand feet of any city park, the parking regulations may also be enforced by the city’s park rangers. However, it shall be the primary responsibility of the parking enforcement officers to enforce this chapter, as well as any other parking regulations adopted by the city. Parking enforcement officers shall be employees of the city under the direction of the city’s police department.

B. Failure to perform any act required or the performance of any act prohibited by this chapter is designated as a parking infraction unless otherwise provided.

C. City police officers and city parking enforcement officers have the authority to issue a notice of parking infraction when the parking infraction is committed in the officer’s presence.

D. In addition to city parking enforcement officers and city police officers, city park rangers have the authority to issue a notice of parking infraction when the parking infraction is committed in the park ranger’s presence and the parking infraction is committed within one thousand feet of any city park.

E. If any vehicle is found parked, standing or stopped in violation of this chapter or otherwise violates the provisions of this chapter, the officer or park ranger finding the vehicle shall take its registration (license) number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a notice of parking infraction. A notice of parking infraction represents a determination that a parking violation has been committed. The determination will be final unless contested as provided in this chapter.

F. Those responsible for the enforcement of the parking regulations of the city shall, and are authorized to, identify such vehicles parked, standing or stopped from time to time to aid in the enforcement of this chapter. Such identification may be by chalk upon the tires of said vehicles or by some other convenient method but will not be injurious to or damage such vehicle. Any physical marks so placed shall not be interfered with, concealed, obliterated or erased by any person other than a police officer, parking enforcement officer or, in the case of city parks, a park ranger while the same shall remain parked or standing at the place where so marked. It shall constitute a parking infraction to interfere with, conceal, obliterate or erase any mark or other identification in violation of this chapter. (Ord. 2826-05 § 9, 2005: Ord. 2180-96 § 25, 1996)

46.28.260 Responsibility—Presumptions.

A. Every person in whose name a vehicle is registered shall be responsible for any violation of this chapter caused by the parking, reparking, standing or stopping of said vehicle in violation hereof. It shall be no defense that the vehicle was parked illegally by another, unless proof is presented that said vehicle had been stolen and had not been returned to the registered owner by the date of the violation. This section shall not apply to registered owners transferring vehicle ownership who have complied with the provisions of state law prior to the date of the violation.

B. In any parking infraction case involving a violation of this chapter, proof that the particular vehicle described in the notice of parking infraction was parking, reparking, standing or stopping in violation of any such provision of this chapter, together with proof that the person named in the notice of parking infraction was at the time of the violation the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred; provided, however:

1. Where a registered owner has transferred vehicle ownership in compliance with the provisions of state law prior to the date of the violation, then proof that the particular vehicle described in the notice of parking infraction was parking, reparking, standing or stopping in violation of any such provision of this chapter, together with proof that the person named in the notice of parking infraction was at the time of the violation the person to whom the vehicle’s ownership had been transferred, shall constitute in evidence a prima facie presumption that the person to whom ownership was transferred was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred; and

2. That in such case, any notice in this chapter required to be sent to the registered owner shall instead be sent to the person to whom ownership has been so transferred. (Ord. 2691-03 § 3, 2003: Ord. 2603-02 § 3, 2002: Ord. 2180-96 § 26, 1996)

46.28.270 Penalties for parking infractions.

A. Unless specifically set forth elsewhere in this chapter, the penalties for each violation of the provisions of this chapter shall be:

1. Overtime parking: twenty dollars;

2. Unauthorized parking in alley: twenty dollars;

3. Parking in disabled space without requisite permit, decal, or license plate, or making inaccessible the access aisle located next to a disabled space: two hundred fifty dollars;

4. Parking, stopping or standing in a marked fire lane or fire zone in violation of this chapter: fifty dollars;

5. Interfering with, concealing, obliterating or erasing marks in violation of this chapter: fifty dollars;

6. All other violations: twenty dollars.

B. The penalties set forth in subsection A except for subsection (A)(3) (disabled parking) will be reduced by seventy-five percent if paid in person to the municipal court during the city’s business hours within twenty-four hours of the date of issuance, or mailed with a postmark within twenty-four hours of the date of issuance. In the event the municipal court is not open for business the day following the date of issuance, the violator can make payment on the next city business day and still receive the reduced penalty.

C. The penalties set forth in subsection A except for subsection (A)(3) (disabled parking) will be reduced in half if the parking infraction is paid in person to the municipal court during the city’s business hours after twenty-four hours but within fifteen days of the date of issuance, or mailed with a postmark after twenty-four hours but within fifteen days of date of issuance. In the event the municipal court is not open for business on the fifteenth day following the date of issuance, the violator can make payment on the next city business day and still receive the reduced penalty.

D. Unless otherwise directed by the court, payment of all parking infractions shall be made to the municipal court and at such other locations as designated by the court. All proceeds derived from individuals charged with a violation of any of the provisions of this chapter shall be paid into the general fund of the city; however, the proceeds from the penalty for parking in a disabled space without the requisite permit, placard or license plate, or making inaccessible the access aisle located next to a disabled space, will be retained by the city in accordance with RCW 46.16.381 and shall be used exclusively for law enforcement.

E. Notwithstanding the language set forth in subsections B and C of this section, if a vehicle has been cited for more than three violations of this chapter and/or any other parking ordinance of the city within the three-hundred-sixty-five-day period immediately preceding a parking violation, said vehicle will not be eligible for reduction in the parking violation penalty set forth in subsections B and C of this section for a period of three hundred sixty-five days. Further, after receiving three tickets in three hundred sixty-five days, the penalty for each additional ticket beyond three received within said time period shall be as follows:

1. For each twenty-dollar penalty violation defined in subsection A of this section, the penalty shall be twenty-five dollars;

2. For each fifty-dollar penalty violation defined in subsection A of this section, the penalty shall be fifty-five dollars.

After receiving six tickets in three hundred sixty-five days, the penalty for each additional ticket received within said time period shall be as follows:

1. For each twenty-dollar penalty violation defined in subsection A of this section, the penalty shall be fifty dollars;

2. For each fifty-dollar penalty violation defined in subsection A of this section, the penalty shall be sixty-five dollars.

F. Additionally, there is a penalty for failure to respond to notice of a parking infraction within thirty days of the date of issuance, which shall be twenty-five dollars.

G. For a second or subsequent violations of the disabled parking provisions of this chapter, in addition to the monetary fine, the violator must complete a minimum of forty hours of:

1. Community service for a nonprofit organization that serves the disabled community or persons having disabling diseases; or

2. Any other community service that may sensitize the violator to the needs and obstacles faced by persons who have disabilities.

H. The court may not suspend more than one-half of any fine imposed for a disabled parking violation. (Ord. 2826-05 § 10, 2005: Ord. 2795-04 § 2, 2004: Ord. 2725-03 § 1, 2003: Ord. 2395-99 § 2, 1999: Ord. 2317-98 § 1, 1998: Ord. 2180-96 § 27, 1996)

46.28.280 Failure to comply with notice of parking infraction.

A. For purposes of accepting and receipting payments for parking infractions described in this chapter, the court does hereby designate the city treasurer’s office as a violations bureau of the Everett municipal court.

B. If no response or payment is made within fifteen calendar days of the date of the issuance of the notice of infraction, a delinquency notice will be mailed to the registered owner of the vehicle to which the notice was affixed.

C. If no response or payment is made within fifteen calendar days of the date of mailing of the delinquency notice, additional penalties may be assessed to the infraction including a notice to the Department of Licensing as provided in RCW 46.20.270(3) and the city may pursue such other remedies as provided by ordinance. (Ord. 2191-96 § 1, 1996; Ord. 2180-96 § 28, 1996)

46.28.290 Municipal judge.

All violations of this chapter shall be heard and determined by the judges of the court or their pro tem(s). (Ord. 2180-96 § 29, 1996)

46.28.300 Notice of infraction—Determination final unless contested—Form.

A. A notice of parking infraction represents a determination that an infraction has been committed. The determination will be final unless contested as provided in this chapter.

B. The form for the notice of parking infraction shall include substantially the following information unless otherwise required by law:

1. A statement that the notice represents a determination that a parking infraction has been committed and that the determination shall be final unless contested as provided in this chapter;

2. A statement that a parking infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; that the penalty for a parking infraction may include nonrenewal of the vehicle license;

3. A statement of the specific parking infraction for which the notice was issued;

4. A statement of monetary penalty established for the parking infraction;

5. A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;

6. A statement that at any hearing to contest the determination the city has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses including the officer who issued the notice of infraction;

7. A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoena witnesses;

8. A statement that the person must respond to the notice as provided in this chapter within fifteen calendar days or the person’s vehicle license may not be renewed by the Department until any penalties imposed pursuant to this chapter have been satisfied;

9. A statement that failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances may result in the refusal of the Department to renew the person’s vehicle license until any penalties imposed pursuant to this chapter have been satisfied;

10. A statement, which the person shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this chapter. (Ord. 2180-96 § 30, 1996)

46.28.310 Response to notice of parking infraction—Contesting determination—Hearing—Failure to respond or appear.

A. Any person who receives a notice of parking infraction shall respond to such notice as provided in this section within fifteen calendar days of the date of the notice.

B. If the person determined to have committed the infraction does not contest the determination, the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the city as specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered and, when appropriate, a record of the response and order shall be furnished to the Department.

C. If the person determined to have committed the infraction wishes to contest the determination, the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the city as specified on the notice. The court shall notify the person in writing of the time, place and date of the hearing, and that date shall not be sooner than seven calendar days from the date of notice, except by agreement.

D. If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court as specified on the notice. The court shall notify the person in writing of the time, place and date of the hearing.

E. 1. If any person cited with a notice of parking infraction:

a. Fails to respond to the notice of parking infraction as required herein; or

b. Fails to appear at a hearing request as provided herein;

the court shall enter an appropriate order assessing the monetary penalty prescribed for the parking infraction and any other penalty authorized by this chapter and shall notify the Department, in accordance with RCW 46.20.270, of the failure to respond to the notice of infraction or to appear at a requested hearing.

2. The Department may not renew the vehicle license of any person for whom the court has entered an order(s) for two or more violations until any penalties imposed pursuant to this chapter have been satisfied. (Ord. 2180-96 § 31, 1996)

46.28.320 Collection—Authorized.

The city is authorized to remit any unpaid parking infraction to collection. (Ord. 2180-96 § 32, 1996)

46.28.325 Impoundment of vehicles with unpaid tickets.

When a vehicle is parked in a public right-of-way or on other publicly owned or controlled property in violation of any law, ordinance, or regulation and there are four or more parking infractions issued against the vehicle for each of which a person has failed to respond, failed to appear at a requested hearing, or failed to pay an adjudicated parking infraction for at least forty-five days from the filing of the notice of infraction, the vehicle may be impounded pursuant to Chapter 46.10 of this code without prior notice. (Ord. 2395-99 § 3, 1999)

46.28.330 Rules and regulations.

Notwithstanding other provisions of this chapter, the Everett municipal court and the city’s police department are authorized to promulgate rules and regulations necessary to administer this chapter including the administrative vacation of parking infractions where circumstances support the administrative vacation thereof. (Ord. 2806-04 § 1, 2004: Ord. 2180-96 § 33, 1996)