Loading...
Ordinance 12-029 vehicle regs (trucks) CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-029 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,ADOPTING CHAPTER 9.30 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO MISCELLANEOUS VEHICLE REGULATIONS; AND OTHER MATTERS RELATING THERETO.. WHEREAS,the City of Spokane Valley previously adopted several provisions relating to vehicle regulations on the rights-of-way in the City, which were dispersed within the Spokane Valley Municipal Code (SVMC): and WHEREAS,the City has determined that it is appropriate to protect the life, health, and safety of its citizens to adopt additional vehicle regulations regarding idling of commercial vehicles in residentially zoned areas, operation of refrigeration units associated with commercial truck trailers, and operation of commercial trucks in excess of 10,000 pounds an certain City roads. Such regulations are within the police power granted to cities by Article XI, Section II of the Washington State Constitution; and WHEREAS, the City desires to aggregate the existing vehicle regulations along with the new regulations in one chapter of the SVMC for ease of use by the public. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Adopting Spokane Valley Municipal Code 9.30.010 Regarding Purpose and Authority. Spokane Valley Municipal Code section 9.30.010 is hereby adopted as follows: SVMC 9.30.010 - Purpose and authority. The purpose of this chapter is to regulate the kinds and classes of traffic, parking, and vehicular noise on certain streets within the City. This regulation is undertaken in order to promote the efficient movement of vehicles and conduct of commerce, while preserving the integrity of residential zones. The provisions of this chapter are adopted under the authority granted by RCW 46.44.080 and SVMC 9.05.040, and are to promote the health, safety and welfare of the citizens of the City. Section 2. Adopting Spokane Valley Municipal Code 9.30.020 Regarding Definitions. Spokane Valley Municipal Code section 9.30.020 is hereby adopted as follows: SVMC 9.30.020 - Definitions. Terms used within this chapter are defined as follows: "Commercial Vehicle" means that term as defined in RCW 46.04.140, as now or hereafter amended. "Local Delivery" means providing local or neighborhood deliveries or services to points upon such streets or roads. "Residential area" means the following zoning districts, as delineated on the official zoning map of the City: Ord imince 12-029 Adopting SVMC 9.30-Miscellaneous Vehicle Regulations Page 1 of 4 R-1 Single-Family Residential Estate District. R-2 Single-Family Residential Suburban District. R-3 Single-Family Residential District. R-4 Single-Family Residential Urban District. MF-1 Multifamily Medium Density Residential District. MF-2 Multifamily High Density Residential District. "Residential Street" means any street or alleyway within the City which is not designated on the City's arterial road map. "Trailer" means that term as defined in RCW 46.04.620, as now adopted or hereafter amended. "Vehicle" means that term as defined in RCW 46.04.670, as now adopted or hereafter amended. Section 3. Adopting Spokane Valley Municipal Code 9.30.030 Regarding "No Trucks" Signs. Spokane Valley Municipal Code section 9.30.030 is hereby adopted as follows: SVMC 9.30.030—"No Trucks"Signs. A. Any street upon which a"No Trucks" sign is posted shall be permanently closed to all commercial vehicle travel having a gross licensed weight of 10,000 pounds or more, except for the purpose of providing local or neighborhood deliveries or services to points between the posted signs. The City may, for clarification purposes, also post optional "Local Delivery Only" signs in conjunction with "No Trucks"signs. B. The following vehicles are exempt from the provisions of SVMC 9,30.030: 1. All vehicles owned, contracted, or operated by governmental agencies. 2, Emergency vehicles and solid waste disposal vehicles. 3. Electrical, water, telephone, and natural gas utility providers responding for installations, maintenance,or incident repairs. 4. Vehicles actively used for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon a residential street. 5. Trailers currently used at a specific location within a residential zone for the purpose of assisting or providing services such as construction, carpentry, plumbing,or landscaping to a residence or location upon a residential street. 6, Recreational vehicles including motor homes, campers, and travel trailers. 7. Vehicles belonging to, or operated by, persons permanently residing within the City limits, as evidenced by the owner's or operator's address on file with the Washington State Department of Licensing. To qualify for this exemption, the vehicle must be used for commuting to work at places located inside or outside of the City limits. 8. Any commercial vehicle belonging to a business located between the posted "No Trucks" signs. Ordinance 12-029 Adopting SVMC 9.30-Miscellaneous Vehicle Regulations Page 2 of 4 C. The location of signs reading"No Trucks" shall be established through adoption of a piaster "No Trucks" sign schedule, which shall be adopted and may be amended from time-to-time by separate resolution. Any such alteration shall be made on the basis of an engineering and traffic investigation, be reasonable and safe, and in the interest of the health, safety and welfare of the citizens of this City. "No Trucks" signs shall become effective upon the placement of such signs, and shall cease at such time as the signs are removed by the City. All signs placed pursuant to this section shall conform to the Manual on Uniform Traffic Control Devices for streets and highways for the state of Washington. Section 4. Adopting Spokane Valley Municipal Code 9.30.040 Regarding_Liability of Owner for Violations. Spokane Valley Municipal Code section 9.30.040 is hereby adopted as follows: SV MC 9.30.040—Liability of Owner for Violations. If the person operating the commercial vehicle at the time a citation for violation of SVMC 9.30.030 is issued is not the owner of the vehicle, then the issuing officer may also issue a citation for the owner of the vehicle in addition to the operator pursuant to RCW 46.44.120, as adopted or amended. Further, the operator of the commercial vehicle is authorized to accept the citation and to execute the Promise to Appear on behalf of the owner of the vehicle. Section 5. Adopting Spokane Valley Municipal Code 9.30.050 Regarding Excessive Noise From Vehicle Audio System Prohibited. Spokane Valley Municipal Code section 9.30.050 is hereby adopted as follows: SVMC 9.30.050—Excessive Noise From Vehicle Audio System Prohibited. The sound from any motor vehicle audio system such as tape players, radio, and compact disc players at volumes so high as to be audible greater than 50 feet from the vehicle itself is prohibited. Section 6. Adopting Spokane Valley Municipal Code 9.30.060 Regarding Idling of Commercial Vehicles Limited in Residentially-Zoned Areas. Spokane Valley Municipal Code section 9.30.060 is hereby adopted as follows: SVMC 9.30.060—Idling of Commercial Vehicles Limited in Residentially-Zoned Areas. No person shall cause a commercial vehicle to idle in any residentially-zoned area for more than 15 consecutive minutes, or more than 15 minutes total in any single calendar day. Section 7, Adopting Spokane Valley Municipal Code 9.30.070 Regarding Operating Refrigeration Units on Certain Vehicles Limited in Residentially-Zoned Areas. Spokane Valley Municipal Code section 9.30.070 is hereby adopted as follows: SVMC 9.30.070 -- Operating Refrigeration Units on Certain Vehicles Limited in Residentially- Zoned Areas. Between the hours of 10:00 pair. any day and 7:00 a.m. the next day, no person shall operate a refrigeration unit on a commercial truck or trailer in a residentially-zoned area, except in the performance of a local delivery. Ordinance 12-029 Adopting SVMC 9.30-Miscellaneous Vehicle Regulations Page 3 of 4 • Section 8. Adopting Spokane Valley Municipal Code 9.30.080 Regarding Violations -Penalty. Spokane Valley Municipal Code section 9.30,080 is hereby adopted as follows: SVMC 9.30.080—Violations— Penalty. Any person violating or failing to comply with any provisions of this chapter shall be subject to a Class 1 civil infraction pursuant to Chapter 7.80 RCW. Section 9. 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 sections sentence, clause or phrase of this Ordinance. Section 10. Effective Date. This Ordinance shall be in full force and effect five days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. Passed this 11'h day of December, 2012. Mayor,Thomas E. owey ATT )--i. .t . __ t Ar .ity Clerk,Christine Bainbridge Approved As To Form: ? jj Office of the ity Attorney Date of Publication: /, -67/ "6.0 Effective Date: / (.2,6 Ordinance 12-029 Adopting SVMC 9.30-Miscellaneous Vehicle Regulations Page 4 of 4