AN ORDINANCE related to the Traffic Code, amending Sections 11.14.425, 11.16.120, 11.16.300, 11.16.480, 11.23.120, 11.23.380, 11.26.060, 11.26.080, 11.26.100, 11.26.220, 11.31.121, 11.72.065, 11.72.220, 11.76.015, 11.76.020, 11.76.040, 12A.08.105, 15.17.150, 15.35.010, 15.35.020, and the titles of Chapter 11.76 and Section 11.76.010 of the Seattle Municipal Code, repealing Section 11.76.050 and adding a new Section 11.76.005 to provide regulations for payment for vehicular parking at pay stations.

WHEREAS, the City Council recognizes the importance of parking meters as a parking management tool; and

WHEREAS, the findings of Seattle Transportation's 2002 Seattle Parking Management Study recommended the implementation of new parking pay station technology to control on-street paid parking spaces: and

WHEREAS, Seattle Transportation intends to install parking pay stations beginning in 2004; and

WHEREAS, parking pay stations provide parking management, customer service, streetscape enhancement, and revenue benefits; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 11.14.425 of the Seattle Municipal Code, as last amended by Ordinance 110956, is amended as follows:

SMC 11.14.425 Parking meter payment device.

"Parking payment device" means any device used to aid in management and control of the parking of vehicles on City streets or other rights of way, including parking meters and pay stations.

A. "Parking meter" means any mechanical or electronicdevice placed or erected adjacent to a parking space, which, after deposit of specified coinage and activation of the timer where required measures the period of time that occupancy of such parking space is allowed, and which indicates, electronically or mechanically, when the lawful parking period has expired.

B. "Parking pay station" means any mechanical or electronic device, except a parking meter, placed or erected on City streets and other parking areas under the jurisdiction of Seattle Transportation for the purpose of managing and controlling the use of parking spaces and requiring payment for such use either by deposit of money or use of a credit or other payment card. The term includes both "pay and display" types of pay stations, which dispense a proof of payment receipt to be displayed on the vehicle, and "pay by space" types of pay stations, which electronically measure the lawful parking period and its expiration for specific parking spaces, without issuing a receipt for display on the vehicle.

Section 2. Subsection C of Section 11.16.120, which section was last amended by ordinance 118409, is amended as follows, provided, however, that if the amendment to Subsection C of SMC 11.16.120 contained in Council Bill 114747 is enacted, it shall supersede the amendment contained in this Section 2:

SMC 11.16.120 Director of Transportation Authority.

The Director of Transportation is authorized:

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C. To make recommendations to the City Council for parking meter rates to be charged at parking payment deviceswithin meter zones and for fees for permits issued pursuant to this subtitle;

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Section 3. Section 11.16.480 of the Seattle Municipal Code, as last amended by Ordinance 120794, is amended as follows:

SMC 11.16.480 Director of Executive Administration to Collect Parking Meter Payment Device Revenues.

The coins payments required to be deposited in parking meters payment devices as provided in this Subtitle (Chapter 11.76) are levied and assessed as fees to cover the costs of installations, inspection, supervision, regulation and maintenance involved in the control of traffic and parking upon the streets and the duly authorized agents of the City Director of Executive Administration shall, from time to time, collect, and deposit the same in the General Fund.

Section 4. Subsection D of Section 11.16.300 of the Seattle Municipal Code, which section was last amended by Ordinance 118409, is amended as follows:

SMC 11.16.300 Traffic Engineer -Authority -Parking.

The Traffic Engineer is authorized under the supervision of the Director of Transportation to:

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D. Establish parking metered areas where parking is regulated by parking payment devices, and the time limit for parking therein; order installation or removal of parking meters payment devices where it is determined upon the basis of an engineering and traffic investigation that the installation or removal of parking meters shall be such devices is necessary to aid in the regulation, control, and inspection of the parking of vehicles; and designate the parking space or spaces adjacent to each parking meterfor which such meter a parking payment device is to be used by signs or appropriate markings upon the pavement and/or the curb. Each parking payment device shall bear thereon a legend indicating the days and hours when the requirement to make payment shall apply, the types and value of the payment required, and the limited period of time for which parking is lawfully permitted in the parking space or spaces adjacent to which the parking payment device is located Each parking meter shall be so designed, constructed, installed and set, that upon the expiration of the time period registered by the deposit of one or more coins of United States currency, it will indicate by a mechanical or electronic operation and the display of an appropriate signal that the lawful parking period has expired, and during said period of time and prior to the expiration thereof, will indicate the interval of time which remains of such period Each parking meter shall bear thereon a legend indicating the days and hours when the requirement to deposit coins therein shall apply, the value of the coins to be deposited, and the limited period of time for which parking is lawfully permitted in the parking space adjacent to which the meter is located;

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Section 5. Section 11.23.120 of the Seattle Municipal Code, as last amended by Ordinance 118238, is amended as follows:

11.23.120 Fee schedules.

The Director of Engineering Transportation shall recommend to the City Council, for adoption by ordinance, a schedule of fees for all permits issued pursuant to the trucking and parking regulations of this Part 2 of sSubtitle I of the Traffic Code. The fees shall be commensurate with the cost of administration, inspection, policing and roadway maintenance involved in the use of the streets and alleys within the City, and shall, wherever possible, correspond with the fees specified in RCW 46.44.0941, 46.44.095 and 46.44.096. Such schedule, when approved by the City Council by ordinance, shall govern the amount of the fee for such permit, and the fee shall be collected by said Director as a condition to the issuance or continuance of any such permit except when such permit is issued as a component of a master filming permit pursuant to SMC Section 15.35.010.

Section 6. Section 11.23.380 of the Seattle Municipal Code is amended as follows:

SMC 11.23.380 Disabled person's parking card.

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 controlled by a City parking payment device free of charge and for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted. 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 he or she obtains and displays a distinguishing card, decal, or license plate issued pursuant to RCW 46.16.381. (RCW 46.16.381)

Section 7. Section 11.26.060 of the Seattle Municipal Code, as last amended by Ordinance 112550, is amended as follows:

SMC 11.26.060 Service parking meter hoods.

A. The holder of a valid building service parking permit shall be issued a service hood, padlock and keys to use in covering any parking meter, other than fifteen (15) minute meters or commercial vehicle load zones, or for display in the vehicle where parking is controlled by time limit posting or parking pay station rather than by parking meters. As many service hoods may be issued as the Traffic Engineer deems necessary or convenient for the application upon payment of the prescribed fee.

B. The holder of a valid on-street service parking permit shall have a service hood installed and removed from a designated parking meter , parking pay station post, or sign identifying curb areas reserved for loading, bus stops, taxi stands, charter bus parking, and other such limited or no parking zones. Such installation shall be done by the Traffic Engineer and in accordance with the schedule specified by the permit. As many service hoods may be issued as the Traffic Engineer deems necessary or convenient for the application upon payment of the prescribed fee.

Section 8. Section 11.26.080 of the Seattle Municipal Code, as last amended by Ordinance 112550, is amended as follows:

SMC 11.26.080 Service parking in metered pay parking area.

A. Upon entering any available metered parking space, the building service parking permittee shall place the service hood over the meter and lock same in a neat and tidy manner as prescribed for the particular hood being used and shall place the service parking permit on the dashboard of the vehicle so that it is clearly visible through the front window of the vehicle; provided, that service hoods shall not be placed and locked over fifteen (15) minute meters.

B. Upon entering any available parking space controlled by a parking pay station, the building service permittee shall display the building service parking permit in accordance with the directions thereon. The service hood shall be placed on the dashboard on the driver's side with the window of the service hood displaying the ownership and service address so that it is clearly visible through the window of the vehicle.

C. Use of building service hoods in fifteen (15) minute parking zones and commercial vehicle load zones is prohibited.

Section 9. Section 11.26.100 of the Seattle Municipal Code, as last amended by Ordinance 112550, is amended as follows:

SMC 11.26.100 Service parking in nonmetered area without parking payment devices.

Upon entering any parking space in an nonmetered area where parking is not controlled by parking payment devices, the building service parking permittee shall display the building service parking permit in accordance with the directions thereon. The service hood shall be left on the dashboard on the driver's seat side with the window of the service hood displaying the ownership and service address clearly visible through the window of the vehicle.

Section 10. Section 11.26.220 of the Seattle Municipal Code is amended as follows:

SMC 11.26.220 Service parking --Passenger vehicle.

No passenger-type vehicle shall be parked on the authority of the a service permit, or at a meter, parking pay station post or sign covered by a service hood; provided, that station wagons truck-licensed vehicles designed to provide seating for no more than three passengers and displaying the firm name in letters not less than two (2) inches high and bearing truck license plates may be accorded this privilege.

Section 11. Section 11.31.121 of the Seattle Municipal Code is amended as follows:

11.31.121 Monetary penalties Parking infractions.

The base monetary penalty for violation of each of the numbered provisions of the Seattle Municipal Code listed in the following table shall be as shown, unless and until the penalty shown below for a particular parking infraction is modified by Local Rule of the Seattle Municipal Court adopted pursuant to the Infraction Rules for Courts of Limited Jurisdiction ("IRLJ") or successor rules to the IRLJ:

Municipal Code Reference Parking Infraction Base Penalty Amount Short Description

11.76.005 PARKING RECEIPT DISPLAY } $35.00

11.76.010 METER/COINS $35.00

11.72.260 OVERTIME $35.00

11.72.250 PARK, MUNICIPAL PROPERTY $35.00

11.72.440 OVER 72 HOURS $35.00

11.76.015 PROHIB. METER INDICATES $35.00 VIOL.

11.72.320 PLANTING STRIP $35.00

11.72.310 PLANTED AREA $35.00

11.70.140 SECURE VEH. $35.00

11.76.030 METER RESTRICTION $35.00

11.72.370 STOP SIGN APPROACH (30') $38.00

11.72.465 CURB RAMP $38.00

11.72.160 FIRE HYDRANT $38.00

11.72.080 CROSSWALK $38.00

11.72.360 SIDEWALK $38.00

11.72.300 PEAK HOUR $38.00

11.72.330 SIGN POSTED LOCATIONS $38.00

11.72.055 CLASS OF VEH. $38.00

11.72.435 PASS. VEH. IN TRUCK ZONE $38.00

11.72.285 PASS. LOAD ZONE $38.00

11.72.215 LOAD/UNLOAD ZONE $38.00

11.72.090 XWALK APPROACH $38.00

11.74.020 TRUCK LOAD ZONE CMCRL VEH. $38.00

11.72.050 BUS ZONE $38.00

11.72.020 ALLEY $38.00

11.72.100 DOUBLE PARKED $38.00

11.74.010 STAND/ALLEY/COMM. VEH. $38.00

11.23.400 UNAUTHORIZED USE DISABLED $38.00

11.23.410 CARPOOL, FREE & PREFERENTIAL $38.00

11.23.415 CARPOOL PERMIT $38.00

11.26.060 SERVICE CONTROLLED $38.00 PARKING METERED AREA

11.26.080 HOOD, CONTROLLED PARKING $38.00 AREA ON METER

11.26.100 HOOD, FREE PARKING $38.00 NON-METERED AREA

11.26.120 HOOD, WORK LOCATION $38.00

11.26.140 HOOD ON OCCUPIED METER $38.00

11.26.160 HOODED METER, UNOCCUPIED $38.00

11.26.180 HOOD ON METER OVER 2 DAYS $38.00

11.26.200 HOOD, PROH. HOURS $38.00

11.26.220 HOOD, PASSENGER VEH. $38.00

11.26.240 HOOD, REVOKED $38.00

11.26.280 HOOD, VIOLATION $38.00

11.70.020 ANGLE, GEN. $38.00

11.70.040 PARALLEL R. SIDE $38.00

11.70.060 PARALLEL 1 WAY ST. $38.00

11.70.080 SHOULDER $38.00

11.70.100 STALLS/SPACES $38.00

11.70.120 PARK, R/W $38.00

11.70.160 KEYS IGNITION $38.00

11.70.180 REMOVE KEY, LOCK DOOR $38.00

11.70.200 ILLEGAL ON STREET/ALLEY $38.00

11.72.010 ADVERTISING $38.00

11.72.025 ALLEY/DRIVEWAY $38.00

11.72.030 ANGLE/ARTERIAL OR BUS ROUTE $38.00

11.72.035 BLOCK TRAF OR WALK $38.00 UNOCCUPIED

11.72.045 BUS SHELTER $38.00

11.72.053 UNAUTHOR. VEH/CARPOOL $38.00

11.72.480 W/IN 30 FT. OF YIELD SIGN $38.00

11.72.145 EXPIRED/IMPROPER PLATES $38.00

11.72.070 COMMERCIAL VEH. $38.00

11.72.150 FIRE APPARATUS $38.00

11.72.155 FIRE EXIT DOOR $38.00

11.72.170 FIRE STATION DRIVEWAY $38.00

11.72.180 FIRE AREA $38.00

11.72.185 FIRE LANE $38.00

11.72.190 FLASHING SIGNAL $38.00

11.72.200 FUEL LOSS $38.00

11.72.205 DROPPING OIL OR GREASE $38.00

11.72.210 INTERSECTION $38.00

11.72.220 HOODED METERS, SIGNS $38.00

11.72.240 MOVE VEH. AVOID TIME LIMIT $38.00

11.72.060 CLEAR ROADWAY $38.00

11.72.270 REPEATED OVERTIME $38.00

11.72.280 IN PARK $38.00

11.72.290 PAVEMENT MARKINGS $38.00

11.72.350 TOO CLOSE TO R.R. $38.00

11.72.353 SCHOOL LOAD ZONE $38.00

11.72.355 SERVICE VEH. IN ST. $38.00

11.72.390 LIMITED ACCESS, STREET $38.00

11.72.400 TAXI CAB ZONE $38.00

11.72.410 TOW AWAY ZONE $38.00

11.72.415 TRAIL OR PATH (VEH/BIKE) $38.00

11.72.420 TRF. CONTROL SIGNAL APPROACH $38.00

11.72.430 TRL./CAMPER DETACHED $38.00

11.72.450 TYPE OF VEH. $38.00

11.72.460 WALL OR FENCE $38.00

11.72.470 WRONG SIDE $38.00

11.72.051 CURB BULBS $38.00

11.74.060 LOAD/UNLOAD PROH. $38.00

11.74.120 RESTRICTED AREA $38.00

11.72.140 EXCAVATION OR OBSTRUCTION $38.00

11.76.020 PARKING METER, $38.00 TIME LIMIT

11.72.130 ELEVATED STRUCTURE $38.00

11.76.040 ILLEGAL METER USE $38.00 { , PARKING PAYMENT, TAMPERING

11.76.050 TAMPER W/ METER $38.00

11.82.300 LIGHTS, PARKED VEHICLE $38.00

11.82.320 LIGHTS, PARKED, HIGHBEAM $38.00

11.84.345 FALSE ALARM PARKED AUTO $38.00

18.12.235 RESTRICTIONS IN CERTAIN $38.00 PARKS (REQ)

11.72.110 DRIVEWAY OR ALLEY ENTRANCE $38.00

11.72.351 RESTRICTED ZONE $44.00

11.72.075 RESTRICTIONS COMM LOAD $44.00 ZONE

11.74.030 LOAD ZONE TIME $44.00 RESTRICTIONS

11.72.352 HUSKY STADIUM EVENT $44.00 RESTRICTED PARKING

11.72.065 IN MARKED DISABLED $250.00

11.72.500 PARKING JUNK VEHICLE ON $250.00 STREET (IMPOUND)

Section 12. Subsection B of Section 11.72.065, which section was last amended by Ordinance 119011, is amended as follows:

11.72.065 Disabled parking --Violation.

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B. Any person who meets the criteria for special parking privileges under RCW 46.16 shall be allowed free of charge to park a vehicle being used to transport that person for unlimited periods of time in parking zones or areas (including zones or areas with parking meters payment devices) which are otherwise restricted as to the length of time parking is permitted. This section does not apply 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. The person shall obtain and display a disabled parking placard or license plate under RCW Chapter 46.16 to be eligible for the privileges under this section.

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Section 13. Section 11.72.220 of the Seattle Municipal Code is amended as follows:

11.72.220 Meter Hooded.

No person shall, stop, stand or park a vehicle where parking meters, posts or signs are hooded, except as otherwise provided in this subtitle.

Section 14. The title of Chapter 11.76 of the Seattle Municipal Code is amended as follows:

Chapter 11.76

PARKING METER PAYMENT DEVICE OPERATIONS

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Section 15. A new Section 11.76.005 is added to the Seattle Municipal Code as follows:

SMC 11.76.005 Display of proof of payment receipt.

It is unlawful to park or permit to be parked any vehicle in a space controlled by a "pay and display" parking pay station without properly displaying proof of payment. For parallel parking on oneand two-way streets, proper display of proof of payment requires affixing the receipt dispensed by the parking pay station to the interior of the front curbside window of the vehicle in such a manner that the expiration time and date are readily visible from the exterior. For frontand rear-end angle parking, proper display of proof of payment means affixing the receipt to the interior of the front window on the driver's side of the vehicle in such a manner that the expiration time and date are readily visible from the exterior. For motorcycles, receipts shall be affixed on the headlight cover.

Section 16. The title of Section 11.76.010 of the Seattle Municipal code is amended as follows:

11.76.010 Parking meters Deposit of coins and time limit.

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Section 17. Section 11.76.015 of the Seattle Municipal Code, which section was last amended by Ordinance 112261, is amended as follows:

SMC 11.76.015 Parking prohibited when meter indicates violations at parking payment devices.

A. No person shall stop, stand, or park, or permit a vehicle within his control to be parked in any parking meter space while the parking meter for such space displays the words "Violation," or "Expired," or the international symbol for "No Parking" (), or otherwise indicates that the meter is out of order; provided that this section does not apply to a vehicle properly displaying an unexpired valid proof of payment receipt issued by a parking pay station.

B. No person shall stop, stand or permit a vehicle within his control to be parked in any parking space controlled by a "pay and display" parking pay station without displaying on the vehicle an unexpired and valid proof of payment receipt issued by a parking pay station in the manner described in the directions on the receipt.

C. No person shall stop, stand or permit a vehicle within his control to be parked in any parking space controlled by a "pay by space" parking pay station beyond the amount of time purchased for that space.

D. This section shall not apply to the act of parking or to the necessary time which is required to activate the timer on the parking meter or to obtain a parking pay station receipt, or to the parking of certified carpool vehicles in accordance with the provisions of Section 11.23.410.

Section 18. Section 11.76.020 of the Seattle Municipal Code is amended as follows:

SMC 11.76.020 Parking longer than time limit.

It is unlawful for any person to park a vehicle in any such parking meter parking space for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the parking meter space as indicated in the legend on the parking meter or pay station, irrespective of the number or amounts of the coins deposited in such meter amount paid; provided, that this section shall not apply to the parking of certified carpool vehicles in accordance with the provisions of Section 11.23.410.

Section 19. Section 11.76.040 of the Seattle Municipal Code is amended as follows:

SMC 11.76.040 Illegal use.

No person shall tamper with or open any parking payment device, deposit or cause to be deposited in any parking meter payment device any slug, button or any other device or substance as substitutes for coins legal tender of the United States, or counterfeit or alter any parking pay station receipt. (UVC 22-5)

Section 20. Section 11.76.050 of the Seattle Municipal Code is hereby repealed.

Section 21. Section 12A.08.105 of the Seattle Municipal Code, as last amended by Ordinance 120794, is amended as follows:

12A.08.105 Unauthorized manufacture, duplication, use or possession of a key which opens a parking meter payment device.

It is unlawful for any person to knowingly manufacture, duplicate, use or possess a key which opens a parking meter payment device located within the limits of the City, unless authorized to do so by the Director of Engineering Transportation or the City Director of Executive Administration.

Section 22. Subsection A of Section 15.17.150 of the Seattle Municipal Code, which section was last amended by Ordinance 118409, is amended as follows:

15.17.150 Sidewalk displays.

The Director of Transportation may issue a permit to the owner or manager of a business upon adjoining property making sales at retail to the public in a zone other than single-family or lowrise multifamily zone to display on a public sidewalk goods or wares that are being offered for sale inside the business. Sidewalk displays are subject to rules of the Director of Transportation, the terms and conditions of the permit, and the following criteria:

A. The display may not obstruct passage on the sidewalk nor the use of any crosswalk, wheelchair ramp, bus or taxi loading zone. The display must allow at least six feet (6') of clearance for pedestrian passage to the nearest street trees; utility pole; traffic control signs, parking meters payment devices, or fire hydrants and may not be fastened to any of the foregoing;

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Section 23. Section 15.35.010 of the Seattle Municipal Code, as last amended by Ordinance 118409, is amended as follows:

15.35.010 Permits for filming.

To accommodate filming motion pictures and videotaping productions, and pursuant to a master filming permit, the Director of Transportation, or as to park drives and boulevards, the Superintendent of Parks and Recreation, may close public places for a duration consistent with preserving necessary access to adjacent properties; authorize temporary changes in the appearance thereof; relocate street signs and other fixtures; permit erection of temporary structures and parking of vehicles in designated areas longer than twenty-four (24) hours or time limits set by parking payment devices meter limits; and provide other appropriate services.

Applications for a master filming permit shall be made to the Director of the Office of Economic Development who shall coordinate component applications with each appropriate permitting authority. After each component permit is approved by the applicable permitting authority, the permit shall be issued in the nature of a master filming permit for the activities described, covering uses contemplated by Seattle Municipal Code Sections 11.23.120, 15.04.074, 21.04.530, 22-.602.040 C and 22.901Q.010 and Chapters 15.08 through 15.46, inclusive. Each permit component shall be subject to all of the terms and conditions contained in the authorizing section of the Seattle Municipal Code except the individual permit fee.

Section 24. Section 15.35.020 of the Seattle Municipal Code is amended as follows:

15.35.020 Terms and conditions.

A filming permit may be conditioned upon restoration of the public place and reimbursement of City expenses for the filming, including, among other expenditures, coordination with abutting owners, site consultations with traffic engineers, traffic control, site presence, removal and reinstallation of street fixtures; providing barricades, meter-hooding, and like activities as required; and upon compensation for lost parking meter revenues at the site.

Section 25. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of ____________, 2003, and signed by me in open session in authentication of its passage this _____ day of _________________, 2003. _____________________________________ President _______ of the City Council

Approved by me this _____ day of _________________, 2003. ___________________________________________ Mayor

Filed by me this _____ day of ____________________, 2003. ___________________________________________ City Clerk

ta January 12, 2004 (Ver. #3b)