Chapter 46.30
RESIDENTIAL PERMIT PARKING ZONES
Sections:
46.30.005 Rules and regulations.
46.30.010 Traffic engineer—Analysis—Establishment of zones.
46.30.020 Traffic engineer—Authority to establish zones.
46.30.030 Designation of zones—Procedure.
46.30.040 City clerk—Permit issuance authority.
46.30.050 Permit—Application—Issuance.
46.30.060 Permit—Changes and renewals.
46.30.070 Permit—Fee.
46.30.080 Permit—Use.
46.30.090 Permit—Requirements.
46.30.100 Permit—Unlawful use.
46.30.110 Visitor’s permits.
46.30.120 Permit—Eligibility.
46.30.130 Permit—Exemption.
46.30.140 Permit—Revocation—Conditions.
46.30.150 Permit—Revocation and surrender.
46.30.160 Appeals.
46.30.170 Violation—Penalty.
46.30.005 Rules and regulations.
The city clerk and the traffic engineer are hereby authorized to promulgate rules and regulations necessary to administer the city’s residential permit parking zone ordinance. (Ord. 1229-86 § 3, 1986)
46.30.010 Traffic engineer—Analysis—Establishment of zones.
A. The traffic engineer shall perform or cause to be performed, either on his own initiative or by request from citizens potentially affected, a thorough impact analysis, including the number of available on-street and off-street parking spaces, occupancy of on-street spaces by neighborhood residents, occupancy of on-street spaces by persons not residents of that neighborhood and the number of vacant on-street parking spaces; and pursuant to such analysis, the traffic engineer under the direction of the city engineer and subject to the approval of the director of public works shall be allowed by permit to park on-street beyond the posted time-limit restrictions, as provided for in Sections 46.30.030 and 46.30.050 through 46.30.140.
B. The use and effects of such permit zones shall be closely monitored and evaluated by the traffic engineer and periodic reports shall be provided to the city council. (Ord. 544-78 § 1, 1978)
46.30.020 Traffic engineer—Authority to establish zones.
The traffic engineer is empowered, in addition to those powers granted in Section 46.08.020, or elsewhere by state or local law, to designate and establish zones in which residents shall be allowed by permit to park on-street beyond the posted time-limit restrictions as provided for in this chapter, and to establish time limit regulations for those zones. (Ord. 544-78 § 2, 1978)
46.30.030 Designation of zones—Procedure.
Upon written request of residents of dwellings in the area to be studied, or upon his own initiative, the traffic engineer shall evaluate the necessity of designating the neighborhood studied as a residential permit parking zone. If the evaluation shows that twenty-five percent of the dwelling units have less than two off-street parking spaces; on the average, fifty percent of the available on-street parking is occupied during the daytime; fifty percent of the on-street parking spaces occupied during the daytime are occupied by vehicles of persons not residents of that neighborhood; or if the area is already posted with a general on-street parking time limit, such conditions shall be presumed, the traffic engineer shall recommend to the city engineer and director of public works that the area studied be designated a residential permit parking zone. The designation of a residential permit parking zone shall not be made to a single block, but shall apply generally to a neighborhood. Public notice of intention to so designate, and of public hearing on such designation, shall be given by publication and by posting along all streets to be affected. The transportation advisory committee shall conduct a public hearing on the recommended designation and shall, within forty-five days after such hearing, advise to the director of public works, city engineer and traffic engineer approval or disapproval of the recommended designation. An area designated as a residential permit parking zone shall be posted to indicate the time limit imposed. (Ord. 544-78 § 4, 1978)
46.30.040 City clerk—Permit issuance authority.
The city clerk is empowered, in addition to those powers granted by Charter, local or state law, to issue permits for residential on-street parking upon application in accordance with the provisions of this chapter. (Ord. 544-78 § 3, 1978)
46.30.050 Permit—Application—Issuance.
The application for a residential parking zone permit shall include the name, address, telephone number and driver’s license number of the applicant; the make, model, year and registration of the vehicle for which the permit is sought; and the number of off-street parking spaces and vehicles owned and/or controlled by the applicant. The applicant shall sign and certify the information furnished on the application. The application shall also indicate the nature of the documents used to establish eligibility for the permit as required by Section 46.30.120, and shall indicate the amount and date of payment of the permit fee. Upon satisfaction of the application requirements, the applicant shall be issued a permit and a copy of the regulations governing the use of that permit. (Ord. 544-78 § 10, 1978)
46.30.060 Permit—Changes and renewals.
The holder of a residential parking zone permit shall report any changes of address or changes in vehicle registration. Failure to report such changes shall constitute an unlawful use of the permit subject to Section 46.30.100. A change of address within the permit zone shall require correction on the permit application, but shall not require surrender and reissue of permits. All other changes of address or vehicle registration shall require surrender of the permit. The person surrendering the permit may reapply and, if qualified to receive another permit, shall be given pro rata credit for the unexpired term of the surrendered permit, in determining the fee due on the new permit. If a new permit will not be issued on surrender of the old permit, a pro rata refund of the permit shall be made. All residential parking zone permits expire automatically one year from the date of issue and must be renewed annually to remain valid. (Ord. 544-78 § 14, 1978)
46.30.070 Permit—Fee.
The fees for annual residential parking zone permits and for visitor permits shall be determined by the city council and set at a level not higher than that which will meet the costs of operation of the residential parking zone program. Senior citizens who otherwise qualify for the permit shall be exempt from paying the permit fee. (Ord. 544-78 § 11, 1978)
46.30.080 Permit—Use.
A valid residential parking zone permit when properly displayed on the vehicle for which it was issued shall exempt that vehicle, while within the zone for which the permit was issued, from citation for parking longer than the posted time limit. The permit shall be valid only in the zone designated on its face. The permit shall not guarantee a parking space nor shall it exempt the vehicle or operator from feeding parking meters nor from the observation of no-parking zones, load zones, street cleaning, and other zones and regulations of this code. The permit shall be nontransferable and valid one year from the date of issue, so long as the permit holder retains the permit vehicle and resides at the address specified on his permit application. (Ord. 544-78 § 7, 1978)
46.30.090 Permit—Requirements.
The residential parking zone permit shall be three inches square and adhesive on its face. The face of the permit shall specify the nature of the permit, the zone in which it shall be valid, the license number of the vehicle, the serial number of the permit, and its expiration date. The permit shall be affixed in a permanent fashion by its adhesive face to the inner side of and in the lower left-hand corner of the rear window of the vehicle. (Ord. 562-78 § 1, 1978; Ord. 544-78 § 9, 1978)
46.30.100 Permit—Unlawful use.
It is unlawful to falsify information in application for a residential parking zone permit, to fail to report a change of residence or vehicle ownership, to transfer the permit to another person or vehicle, to alter the permit, to improperly display the permit, or to violate any other terms or conditions under which the permit was issued. Any such unlawful use shall subject the permit holder to revocation of this permit, denial of eligibility for reapplication for one year, and to other penalties as described in this chapter. (Ord. 544-78 § 8, 1978)
46.30.110 Visitor’s permits.
The holder of a residential parking zone permit may apply for a visitor’s permit, which shall be valid for seven days and shall be renewable but not transferable. The application shall identify the guest, his address and his vehicle, the permit number of the host, and be signed by the permit-holder host. Permits for visitors shall issue on application and payment of fee unless the traffic engineer determines that adequate space is not available within that zone. No permit-holder shall be issued more than three visitor permits at any given time. Once expired, the visitor permits shall be surrendered to the city clerk. (Ord. 544-78 § 12, 1978)
46.30.120 Permit—Eligibility.
A. “Residence” as used in this chapter applies only to a place where one lives and excludes property which is used exclusively as a place of business or for any other purpose other than uses which include the property as the person’s place of abode.
“Resident” as used in this chapter applies only to a person who lives in a “residence” as described in this chapter and does not extend to a person who occupies a structure solely as a place of business.
B. Eligibility for residential parking zone permits shall be established upon proof of residence within the zone for which the permit is sought and proof of ownership and/or control of the motor vehicle. Proof of residence shall be established by display of a valid driver’s license reflecting the current address within the zone; or by display of a deed or other legal document showing ownership, of not less than one-fourth interest, or other residency of a parcel of real property within the zone; or by display of a notarized statement of occupancy provided by the lessor to his lessee/renter together with proof of ownership by the lessor. Proof of ownership and/or control of a motor vehicle shall be established by possession of a valid registration or other indicia of title, or by display of valid registration of the vehicle to another person accompanied by proof that applicant has use and control of the vehicle.
No residential parking zone permit shall be issued to any resident who, in the opinion of the city’s traffic engineer or his designee, has sufficient off-street parking to provide parking for those vehicles owned or controlled by the applicant. (Ord. 1608-89 § 1, 1989; Ord. 1229-86 § 1, 1986; Ord. 544-78 § 5, 1978)
46.30.130 Permit—Exemption.
Disabled persons displaying a valid “Disabled Persons—Distinguishing Decal,” in accord with RCW 46.61.580, shall be allowed the same privileges within residential parking zones as permit holders, but shall not be required to hold a residential parking zone permit. Service vehicles parked in residential parking zones while making service calls to residential dwellings within the zone shall be exempt from holding a residential parking zone permit and exempt from the posted time limits. Such service vehicles shall display in the windshield on the street side of the vehicle a prominent sign indicating the vehicle is a service vehicle and indicating the address at which the service is being supplied. (Ord. 544-78 § 6, 1978)
46.30.140 Permit—Revocation—Conditions.
A. Residential parking zone permits may be revoked and shall be surrendered for the following reasons:
1. Unlawful use of the permit under Section 46.30.100;
2. Abuse or misuse of visitor permits;
3. In case of over-issue, priority shall be given to providing one permit to each dwelling unit, and any necessary revocation shall take into account the number of vehicles owned or controlled by the permit holder and the number of off-street parking spaces the permit holder possesses;
4. In event of expiration or termination of the residential parking permit program.
B. When revocation occurs because of over-issue or termination of the permit program, a pro rata refund shall be given to the person whose permit was revoked. (Ord. 544-78 § 13, 1978)
46.30.150 Permit—Revocation and surrender.
The city clerk is authorized to revoke the residential parking permit of any person found to be in violation of this chapter and, upon written notification thereof, the person shall surrender such permit to the city clerk. Failure, when so requested, to surrender a residential parking permit so revoked shall constitute a violation of law and of this chapter. (Ord. 544-78 § 16, 1978)
46.30.160 Appeals.
Any applicant who has had his or her residential parking zone permit application denied is entitled to appeal the denial to the city of Everett parking hearing examiner provided a written appeal is filed with the city clerk within ten days following the date of denial. Any permittee who has had his/her residential parking zone permit revoked is entitled to appeal the revocation to the city’s parking hearing examiner provided the permittee files a written appeal with the city clerk within ten days following the date of revocation. The parking hearing examiner may, in its discretion, affirm, nullify or modify the denial or revocation. (Ord. 1229-86 § 2, 1986)
46.30.170 Violation—Penalty.
A. It is unlawful and a violation of this chapter for a person holding a valid parking permit issued pursuant hereto to permit the use or display of such permit on a motor vehicle other than that for which the permit is issued. Such conduct constitutes an unlawful act and violation of this chapter both by the person holding the valid parking permit and the person who so uses or displays the permit on a motor vehicle other than that for which it is issued.
B. It is unlawful and a violation of this chapter for a person to copy, produce, or otherwise bring into existence a facsimile or counterfeit parking permit or permits without written authorization from the chief of police. It is further unlawful and a violation of this chapter for a person to knowingly use or display a facsimile or counterfeit parking permit in order to evade time limitations on parking applicable in a residential permit parking area.
Any person who violates this chapter shall be guilty of a misdemeanor and on conviction thereof may be punished by a fine not to exceed one thousand dollars. (Ord. 1229-86 § 5, 1986; Ord. 544-78 § 17, 1978)