Ordinance 22-009 new chapter 9.40 SVMC Parking CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.22-009
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING A NEW CHAPTER 9.40 OF THE SPOKANE
VALLEY MUNICIPAL CODE RELATING TO PARKING PROHIBITIONS, AND
OTHER MATTERS RELATING THERETO
WHEREAS, pursuant to chapter 9.05 SVMC,the City has adopted the Washington Model Traffic
Ordinance,Chapter 308-330 WAC,as the traffic code of the City of Spokane Valley, which authorizes the
City Council and the Traffic Engineer to determine and designate site-specific parking prohibitions in the
City; and
WHEREAS, the City Council now desires to identify all previously-adopted site-specific parking
prohibitions applicable on City roads, in a format that is more accessible and easier to use for the public.
The new format is referred to as the "Master Parking Prohibition Schedule," and may be amended
periodically pursuant to criteria in City Code and Washington law; and
WHEREAS, the City Council has authority pursuant to RCW 46.61.570 and WAC 308-330-270
to establish general and site-specific parking prohibitions, which is an exercise of power of the City to
protect the health, safety, and welfare of its citizens; and
WHEREAS, RCW 46.61.570 currently contains many specific prohibitions or limitations on
where and when people may park on public rights-of-way. City Council now desires to establish additional
site-specific parking prohibitions beyond those that are statutory for reasons of public policy, efficiency,or
convenience, and to create appropriate criteria for the establishment of the same; and
WHEREAS,the Senior Traffic Engineer has conducted or will conduct an engineering and traffic
investigation for all proposed changes to site-specific parking prohibitions pursuant to WAC 308-330-270;
and
WHEREAS, the Senior Traffic Engineer has authority pursuant to WAC 308-330-265(11-13) to
determine and designate site-specific parking prohibitions in certain circumstances and maintain and erect
signs and signals indicating the same to enhance safe and efficient movement of traffic; and
WHEREAS, the City Council has authority pursuant to RCW 46.55.240 to adopt ordinances
concerning authorized, abandoned, or impounded vehicles, authorize impoundment upon the public right-
of-way, and establish a written form of authorization to impound, including but not limited to a law
enforcement notice of infraction or citation; and
WHEREAS, City Council further desires to adopt and implement parking restrictions relating to
parking in a manner that interferes with delivery by the United States Postal Service on public rights-of-
way.
NOW 'THEREFORE the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section I. Purpose. The purpose of this Ordinance is to adopt chapter 9.40 SVMC to
establish general and site-specific parking prohibitions in the City.
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Section 2. Spokane Valley Municipal Code Chapter 9.40 is hereby adopted as follows:
Chapter 9.40 PARKING PROHIBITIONS.
SVMC 9.40.005. Definitions.
The definitions in Title 46 RCW shall apply to chapter 9.40 SVMC unless otherwise specifically identified
within this chapter.
SVMC 9.40.010.Traffic Engineer Authority to Establish Site-Specific Parking Prohibitions.
A.Pursuant to WAC 308-330-265(11-13),the traffic engineer may establish, amend, or repeal site-
specific parking prohibitions on public streets and highways pursuant to specified, limited
circumstances in the interest of public safety. Site-specific parking prohibitions shall be
appropriately marked and maintained pursuant to WAC 308-330-409.
B. All site-specific parking prohibitions adopted pursuant to SVMC 9.40.010(A) shall be
maintained in a Master Parking Prohibition Schedule, Subsection A: Site-Specific Parking
Prohibitions—Traffic Engineer,however failure to adopt a Master Parking Prohibition Schedule or
failure to list any specific area or areas shall not affect the enforceability of this section for
violations.
SVMC 9.40.020. City Council Authority to Establish Site-Specific Parking Prohibitions.
A. City Council may, by resolution and following consideration of a report by the traffic engineer,
establish, amend, or repeal site-specific parking prohibitions adopted pursuant to SVMC 9.40.020,
which shall be appropriately marked and maintained pursuant to WAC 308-330-409. When
determining whether to establish, amend,or repeal site-specific parking prohibitions, City Council
may consider at least the factors including the following:
1. The relationship between the need for parking spaces for adjacent land uses,the purpose
of the parking prohibition,and the need for parking spaces for the general public;
2. The interests of property owners, patrons, and prospective patrons of the places within
the block or area served by the parking prohibition;
3. A detailed strip map of the area showing any State Route Mileposts (SR/MP),
intersecting streets, and driveways, and other on-street or off-street parking alternatives;
4. Photos or video if available; and
5. The type of parking prohibition contemplated.
B.When determining whether to establish,amend,or repeal site-specific parking prohibitions,City
Council shall consider the report by the traffic engineer pursuant to SVMC 9.40.020(A), which
shall include analysis of the following in the vicinity:
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1. The volume of traffic;
2. The volume of parking;
3. The width of the surface street and unimproved right-of-way;
4. Operational conditions identifying need for regulation of parked vehicles, including:
a.Narrow shoulders,
b.Limited sight distances,
c.Roadway speed limit,
d. Reported crashes susceptible to correction by parking restrictions;and
5. Comments by the City's Police Chief or designee and from the applicable Fire District.
C. All site-specific parking prohibitions adopted pursuant to SVMC 9.40.020(A) shall be
maintained in a Master Parking Prohibition Schedule, Subsection B: Site-Specific Parking
Prohibitions—City Council, however failure to adopt a Master Parking Prohibition Schedule or
failure to list any specific area or areas shall not affect the enforceability of this section for
violations.
SVMC 9.40.030. Site-specific parking prohibitions in violation of Master Parking Prohibition Schedule.
A. No person shall stop, stand, or park a vehicle within any site-specific no-parking zone listed in
the Master Parking Prohibition Schedule.
B. It is not a violation of SVMC 9.40.030(A) to stop, stand, or park a vehicle when necessary to
avoid conflict with other traffic, when actively picking up or dropping off a passenger(s), or in
compliance with the law, directions of a police officer, or official traffic control device.
C. In addition to potential impoundment, vehicles stopped, standing, or parked in violation of
SVMC 9.40.030(A)are subject to the fine pursuant to SVMC 9.40.050.
D. If a vehicle remains stopped, standing, or parked in violation of SVMC 9.40.030(A) for 24
hours after the original notice of violation and fine,the vehicle is subject to impoundment pursuant
to RCW 46.55.085.
E. All impoundment procedures for SVMC 9.40.030 shall be governed by chapter 46.55 RCW.
SVMC 9.40.040. Other parking prohibitions.
A. No person shall stop,stand, or park a vehicle:
1. On a public right-of-way when that vehicle meets the definition of a junk vehicle
pursuant to SVMC 7.05.020, regardless of whether the vehicle is subsequently moved to
another area of public right-of-way.
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2. When that vehicle is parked on a public street and has an expired registration of more
than 45 days pursuant to RCW 46.55.113,regardless of whether the vehicle is subsequently
moved to another area of public right-of-way.
3. Within 15 feet on either side of any United State Postal Service mailbox, except when
in the act of delivering or picking up mail or while actively picking up or dropping off a
passenger(s).
B. It is not a violation of SVMC 9.40.040(A) to stop, stand, or park a vehicle when necessary to
avoid conflict with other traffic, or in compliance with the law, directions of a police officer, or
official traffic control device.
C. VehicIes stopped, standing, or parked in violation of SVMC 9.40.040(A) are unauthorized
vehicles subject to impoundment 24 hours after notice is posted on the vehicle pursuant to RCW
46.55.085.
D. In addition to potential impoundment, vehicles stopped, standing, or parked in violation of
SVMC 9.40.040(A) are subject to the fine pursuant to SVMC 9.40.050.
E. All impoundment procedures for SVMC 9.40.040 shall be governed by chapter 46.55 RCW.
SVMC 9.40.050. Parking prohibitions—fines.
A. In addition to potential impoundment, vehicles stopped, standing, or parked in violation of
chapter 9.40 SVMC are subject to a fine of$50 dollars per day.
B. Notice of each fine that is assessed pursuant to chapter 9.40 SVMC shall be posted on the
vehicle, and shall include:
1. The date of the original notice of violation and fine.
2. The date of the current notice of violation and fine.
3. A warning that the vehicle may be impounded if it is not moved within 24 hours after
the original notice of violation and fine.
4. The assessment of the$50 fine, payable to the City of Spokane Valley.
5. Contact information for the City of Spokane Valley.
6. Information concerning an opportunity to appeal the assessment of violation and fine.
Section 3. Severability. If any section, sentence, clause, or phrase of this Ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this Ordinance.
Section 4. Effective Date. This Ordinance shall become effective five days after publication
of the ordinance, or a summary thereof, in the official newspaper of the City.
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Adopted this 14th day of June, 2022.
A I PEST: CITY OF SPOKANE VALLEY
Q
ristine Bainbridge, ity Clerk Pam Haley,Mayor
Approved as to Form:
°A .f / •
Office of te City Attorn
Date of Publication: 6/ 1
Effective Date: 4.9 -1 a2( ,`, _
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