CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to parking; defining “blockface;” updating the definition of “parking payment device;” defining “pay-to-park signage;” allowing the Traffic Engineer to establish areas where parking is regulated by pay-to-park signage and to authorize additional methods of payment for parking; amending the description of certain parking penalties; amending parking and payment requirements; making technical changes; amending Sections 11.14.425, 11.16.300, 11.31.121, 11.76.005, 11.76.015, 11.76.020, and 11.76.040 of the Seattle Municipal Code; adding new Sections 11.14.062 and 11.14.438 to the Seattle Municipal Code; and repealing Section 11.76.010 of the Seattle Municipal Code.

WHEREAS, the Seattle Department of Transportation (SDOT) operates and maintains a paid parking system in the public right of way with approximately 12,000 paid spaces and 1,700 parking kiosks, in 20 Seattle neighborhood business districts and downtown Seattle; and

WHEREAS, SDOT is near completion of a multi-year capital project to replace pay station kiosks with new equipment and plans to switch to “Pay By Plate” payment in which parkers use their license plate number to record payment instead of returning to their vehicle with a receipt to display; and

WHEREAS, SDOT no longer employs single-space parking meters and instead relies on multi-space parking kiosks, as well as mobile payment, and anticipates that in the future new payment technologies will be introduced by automobile companies and other vendors; and

WHEREAS, good parking management supports economic vitality, neighborhood livability, and encourages alternative travel modes for commuters, helping to reduce carbon emissions; and

WHEREAS, SDOT has consistently invested in new technology to facilitate the ease of parking payment and improve the customer experience; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. A new Section 11.14.062 is added to the Seattle Municipal Code as follows:

11.14.062 Blockface

“Blockface” means one side of a block between road intersections.

Section 2. Section 11.14.425 of the Seattle Municipal Code, last amended by Ordinance 123941, is amended as follows:

11.14.425 Parking 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 )) accept payment for parking, such as parking meters , (( and )) pay station(( s )) kiosks, mobile devices, or other methods approved by the Director of the Seattle Department of Transportation .

(( A. "Parking meter" means any mechanical or electronic device placed or erected adjacent to a parking space, which requires payment for use of the space and indicates when the lawful parking period will expire.

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. The term includes both "pay and display" types of pay stations, which dispense a proof of payment receipt to be displayed on the vehicle except when payment is made by mobile device, 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 3. A new Section 11.14.438 is added to the Seattle Municipal Code as follows:

11.14.438 Pay-to-park signage

“Pay-to-park signage” means signage that aids in the management and control of the parking and loading of vehicles on City streets or other rights-of-way and that designates that parking or loading on a specific blockface, or portion thereof, requires payment for such use either at a parking payment device or via mobile device or other approved method or device approved by the Director of the Seattle Department of Transportation.

Section 4. Section 11.16.300 of the Seattle Municipal Code, last amended by Ordinance 122274, is amended as follows:

11.16.300 Traffic Engineer-Authority-Parking(( . ))

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

A. Determine upon what streets or alleys or portions thereof vehicles shall be angle parked, as distinguished from parallel parked, and shall indicate the same by marks or signs placed in such streets or alleys, or portions thereof;

B. Determine the location of and establish time-limit regulations for parking;

C. Determine upon what streets or alleys or portions thereof stopping, standing or parking of vehicles shall be prohibited at certain times, or entirely;

D. Establish areas where parking is regulated by (( parking payment devices )) pay-to-park signage , and the time limit for parking therein; order installation or removal of pay-to-park signage or associated parking payment devices where it is determined upon the basis of (( an engineering and traffic )) parking studies and investigation that the installation or removal of such devices or signage is necessary to aid in the regulation, control, and inspection of the parking of vehicles; and designate the (( parking space or spaces )) blockface, or portion thereof, for which (( a parking payment device is to be used by signs or appropriate markings upon the pavement and/or the curb )) payment is required . (( Each parking payment device shall display, with either a legend affixed to the device or an electronic message integral to the payment device, )) Information regarding the days and hours when the requirement to make payment shall apply , ; the (( hourly )) cost to park (( in the designated spaces, and the limited period of )) , ; and the maximum time for which parking is lawfully permitted (( in the parking space or spaces )) shall be communicated to the user by either parking payment device or pay-to-park signage located on the blockface, or portion thereof, adjacent to which the (( parking payment device )) pay-to-park signage is located;

E. Authorize additional methods of payment for parking; and

F. Make surveys and recommendations with respect to restricted parking zones, process applications for parking in restricted parking zones, and implement rules and regulations for the use of restricted parking zones and the issuance, use, and revocation of permits.

Section 5. Section 11.31.121 of the Seattle Municipal Code, last amended by Ordinance 124302, 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 is 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:

Section 6. Section 11.76.005 of the Seattle Municipal Code, last amended by Ordinance 124063, is amended as follows:

11.76.005 Proper (( display of proof of )) payment (( receipt ))

It is unlawful to park or permit to be parked any vehicle (( in a space )) on a blockface, or portion thereof, controlled by (( a "pay and display" parking pay station without properly displaying a receipt issued from a pay station controlling the space in the manner as described in this section, )) pay-to-park signage unless :

(( valid )) A. Valid payment has been made (( by mobile device, or unless the vehicle is a free-floating car sharing vehicle that complies with Section 11.23.160.

For parallel parking on one- and two-way streets, proper display of proof of payment requires affixing the receipt dispensed by the parking pay station inside the vehicle to the front seat's side window nearest the curb in such a manner that the expiration time and date are readily visible from the exterior. For front-and rear-end angle parking, proper display of proof of payment means affixing the receipt to the interior of the side window next to the driver's seat 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. No more than one receipt shall be displayed. )) at a parking payment device;

B. Required information has been correctly provided, such as parking space number or license plate number; or

C. Required action has been taken as directed, such as proper display of receipt.

Section 7. Section 11.76.010 of the Seattle Municipal Code, last amended by Ordinance 124063, is repealed:

(( 11.76.010 Parking meters-Deposit of coins and time limit

A. No person shall park a vehicle in any parking space upon a street alongside of which a parking meter has been installed, during the restricted and regulated time applicable to the parking meter, unless: (1) a coin or coins of United States currency of the appropriate denominations as indicated in the legend on the meter has been deposited therein, or has been previously deposited therein for an unexpired interval of time, and the meter has been placed in operation; or (2) valid payment has been made by mobile device; or (3) valid payment has been made using a parking payment device and a valid pay and display receipt has been displayed in accordance with Section 11.76.005.

B. No person shall permit a vehicle within his control to be parked in any parking meter space during the restricted and regulated time applicable to that meter space while the parking meter for such space indicates by signal that the lawful parking time in such space has expired, unless valid payment has been made in accordance with subsection 11.76.010.A.

C. This section shall not apply to (1) the act of parking or the necessary time which is required to comply with subsection 11.76.010.A; (2) the parking of certified carpool vehicles in accordance with the provisions of Section 11.23.410; or (3) the parking of free-floating car sharing vehicles that comply with Section 11.23.160. ))

Section 8. Section 11.76.015 of the Seattle Municipal Code, last amended by Ordinance 124063, is amended as follows:

11.76.015 Parking violations (( at parking payment devices )) on blockfaces, or portions thereof, requiring payment to park

(( 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," "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 or where valid payment has been made by mobile device.

B. )) A. No person shall stop, stand , or permit a vehicle within (( his )) the person’s control to be parked (( in any parking space )) on any blockface, or portions thereof, controlled by (( a "pay and display" parking pay station without displaying on the vehicle an unexpired proof of payment receipt issued by a parking pay station or, if payment is made by mobile device, without payment properly made and recorded in accordance with the requirements for such payments as approved by the Director of Transportation pursuant to any vendor contract for mobile device payment services. )) pay-to-park signage without properly making payment for parking under Section 11.76.005.

(( 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. It is unlawful to park or permit to be parked any vehicle in a space controlled by a parking pay station without payment properly recorded as described by the instructions posted on the parking payment device.

E. )) B. The prohibitions in this Section 11.76.015 shall not apply to :

(( the )) 1. The act of parking ;

(( or to the )) 2. The necessary time required to activate the time on (( the parking meter or to obtain a parking pay station receipt, or as )) a parking payment device;

3. As indicated by signposting, (( to )) the parking of a vehicle in a restricted parking zone in accordance with (( the provisions of )) Section 11.16.315, or (( to the parking )) of certified carpool vehicles in accordance with (( the provisions of )) Section 11.23.410, or of free-floating car sharing vehicles in accordance with Section 11.23.160 <https://library.municode.com/search?stateId=47&clientId=4286&searchText=11.23.160&contentTypeId=CODES> .

(( F. )) C. The prohibitions in this Section 11.76.015 shall not apply on Sundays and legal parking holidays as defined in Section 11.14.277 .

(( G. )) D. Any parking payment made (( by mobile )) on a parking payment device is (( not )) valid (( if issued for a different area than the one containing the occupied space or with different parking time limits than that applicable to the occupied space )) only for the blockface, or portion thereof, on which the vehicle is parked.

(( H. The prohibitions in this Section 11.76.015 shall not apply to free-floating car sharing vehicles that comply with Section 11.23.160. ))

Section 9. Section 11.76.020 of the Seattle Municipal Code, last amended by Ordinance 124063, is amended as follows:

11.76.020 Parking longer than time limit

A. It is unlawful for any person to park a vehicle (( in any parking space )) on a blockface, or portion thereof, for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted (( in the parking space )) on the blockface as indicated (( in the legend )) on the pay-to-park signage or on the parking (( meter or pay station )) payment device , irrespective of the amount paid(( ; provided, that the )) .

B. The restrictions in this Section 11.76.020 shall not apply on legal parking holidays as defined in Section 11.14.277 except where otherwise indicated by the signposting on the block face, or portions thereof, or for individual parking spaces.

(( B. )) C. The restrictions in this Section 11.76.020 shall not apply to the parking of a vehicle in a restricted parking zone in accordance with Section 11.16.315 as indicated by signposting, the parking of certified carpool vehicles in accordance with (( the provisions of )) Section 11.23.410, or to the parking of free-floating car sharing vehicles that comply with (( the provisions of )) Section 11.23.160.

Section 10. Section 11.76.040 of the Seattle Municipal Code, last amended by Ordinance 121388, is amended as follows:

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 payment device any slug, button , or any other device or substance as substitutes for legal tender of the United States, (( or )) counterfeit or alter any parking kiosk receipt , or tamper with a parking payment device to show payment during a time for which no payment was made .

Section 11. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ________ day of _________________________, 2018, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2018.

____________________________________

President ____________ of the City Council

Approved by me this ________ day of _________________________, 2018.

____________________________________

Jenny A. Durkan, Mayor

Filed by me this ________ day of _________________________, 2018.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)