AN ORDINANCE relating to parking infraction enforcement for invalid disabled placard use, expired license tabs and code clarification; amending Seattle Municipal Code Sections 11.23.400, 11.30.040, 11.31.121, 11.72.051, 11.72.065 and 11.72.460; and adding Section 11.14.146.

WHEREAS, traffic citations have been ineffective at achieving the desired level of compliance with the City's disabled parking laws and policies; and

WHEREAS, parking in the public right-of-way is regulated to promote traffic safety, enhance traffic flow and, in certain areas of high demand for parking such as business districts, to fairly allocate parking spaces by charging for and limiting parking time; and

WHEREAS, a high percentage of disabled placard abuse is associated with the use of invalid placards; and

WHEREAS, to improve parking enforcement and provide consistency with state law house-keeping changes are needed to the Seattle Municipal Code sections regarding certain parking infractions; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. A new section, 11.14.146, of the Seattle Municipal Code is hereby added:

SMC 11.14.146 Curb Bulb

"Curb bulb" means an extension of the curb and sidewalk into the street at a pedestrian crossing point.

Section 2. Section 11.23.400, as last amended by Ordinance 119011, is amended as follows:

SMC 11.23.400 Disabled parking Enforcement.

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B. Except as provided by subsection A of this section, it is a traffic infraction, with a monetary penalty of Two Hundred Fifty Dollars ($250) for any person willfully to obtain a disabled parking placard, license plate, license tab or photo identification card in a manner other than that established by RCW 46.16.381.

C. The unauthorized use of a disabled parking placard, license plate, license tab or photo identification card issued by the Washington State Department of Licensing under RCW 46.16.381 is a traffic infraction with a monetary penalty of Two Hundred Fifty Dollars ($250).

D. The court may not suspend more than one-half (1/2) of any fine imposed under subsection B or C of this section. For a second or subsequent violation of subsection of B or C of this section, in addition to a monetary penalty, a violator must complete a minimum of forty (40) hours of either community service for a nonprofit organization that serves the disabled community or persons having disabling diseases or any other community service that may sensitize the violator to the needs and obstacles faced by persons who have disabilities.

E. Any peace officer or parking enforcement officer checker finding any unauthorized use of such placard, or license plate shall issue and affix a notice indicating the unauthorized uses thereof in the form and in the manner required by Section 11.31.030.

Section 3. Section 11.30.040, as last amended by Ordinance 121525, is amended as follows:

SMC 11.30.040 When a vehicle may be impounded without prior notice.

A. A vehicle may be impounded with or without citation and without giving prior notice to its owner as required in Section 11.30.060 hereof only under the following circumstances:

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10. When a vehicle with an expired registration of more than forty-five days is parked on a public street.

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Section 5. Section 11.31.121, as last amended by Ordinance 122779, is amended as follows:

SMC 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 Short Description Base Penalty Amount

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11.23.400 UNAUTHORIZED USE DISABLED $38.00 $250.00

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11.72.065 IN MARKED DISABLED, INVALID PLACARD $250.00

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Section 6. Section 11.72.051, as last amended by Ordinance 117043, is amended as follows:

SMC 11.72.051 Curb bulbs.

No person shall stop, stand or park a vehicle in areas adjacent to curb bulbs so that such vehicle blocks access to a meteredan adjacent parking space or protrudes into a traffic lane.

Section 7. Section 11.72.065, as last amended by Ordinance 122742, is amended as follows:

SMC 11.72.065 Disabled parking, Invalid Placard -Violation.

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E. The use or display of a disabled placard or license plate that is stolen, expired, issued to a person who is now deceased, or is otherwise invalid in or upon a vehicle parked in a public right-of-way or on other publicly owned or controlled property is a parking infraction with a monetary penalty of Two Hundred Fifty Dollars ($250).

E. F. The court may not suspend more than one-half (1/2) of any fine imposed for a first violation under subsection C, D or E of this section. For a second or subsequent violation of subsection C, D or E of this section, no portion of the monetary penalty shall be suspended by the court and in addition to the penalty, a violator must complete a minimum of forty (40) hours of either community service for a nonprofit organization that serves the disabled community or persons having disabling diseases or any other community service that may sensitize the violator to the needs and obstacles faced by persons who have disabilities.

Section 8. Section 11.72.460, as last amended by Ordinance 108200, is amended as follows:

SMC 11.72.460 Wall or fence.

No person shall stand or park a vehicle alongside any wall, fence or other physical obstructions where there is no sufficient sidewalk for the use of pedestrians in a reasonable manner as provided in Section 11.70.080to permit persons to exit from the vehicle on the sidewalk side thereof.

Section 9. 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 ________________________, 2009, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2009. _________________________________ President __________of the City Council

Approved by me this ____ day of _____________________, 2009. _________________________________ Gregory J. Nickels, Mayor

Filed by me this ____ day of __________________________, 2009. ____________________________________ City Clerk

April 1, 2009 Version #6a