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HomeMy WebLinkAbout2001-007 Prohibited parking on South 3rd Street (re: Farmers’ Market) ORDINANCE NO. 2001 - 07 AN ORDINANCE relating to traffic; prohibiting parking on Third Street between Yakima Avenue and Walnut during specified times, providing for the impoundment of vehicles and; amending sections 9.50.060 and 9.48.565 all of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: • Section 1. Section 9.50.060 of the city of Yakima Municipal Code is hereby amended to read as follows: "9.50.060 Parking prohibited during certain hours on certain streets. A. When signs are erected in each block giving notice thereof, no person shall park a vehicle between the hours specified herein on any day except Sundays and public holidays within the district or upon any of the streets described herein: • 1. Between three a.m. and five a.m.: (1) Both sides of Naches Avenue from Chestnut Avenue to "B" Street; (2) Both sides of 4th Street from "A" Street to Lincoln Avenue and from Yakima Avenue to Chestnut Avenue; (3) Both sides of 3rd Street from Walnut Street to Lincoln Avenue; (4) Both sides of 2nd Street from Spruce Street to Lincoln Avenue; (5) Both sides of 1st Street from Spruce Street to Lincoln Avenue; (6) Both sides of Front Street from Chestnut Avenue to "B" Street; (7) Both sides of "B" Street from Front Street to Naches Avenue; • (8) Both sides of "A" Street from Front Street to a point east of 3rd Street; • (9) North side of "A" Street from 4th Street to Naches Avenue; (10) Both sides of "A" Street from Naches Avenue to 6th Street; (11) Both sides of Yakima Avenue from 6th Street to Front Street and from the railroad tracks to 6th Avenue; (12) Both sides of Chestnut Avenue from Front Street to Naches Avenue; (13) Both sides of Walnut Street from 4th Street to 2nd Street; (14) South side of Walnut Street from 2nd Street to 1st Street; ORD.parking third street.jbw 1 (15) North side of Walnut Street from the alley west of 3rd Avenue to 5th Avenue; (16) Both sides of Chestnut Avenue from 2nd Avenue to 6th Avenue; (17) Both sides of 5th Avenue from "B" Street to Walnut Street; (18) Both sides of 4th Avenue from "A" Street to Chestnut Avenue; (19) Both sides of 3rd Avenue from "A" Street to Walnut Street; (20) West side of 2nd Avenue from Yakima Avenue to "A" Street; (21) Both sides of 2nd Avenue from Yakima Avenue to Chestnut Avenue. B. When signs are erected in each block giving notice thereof, no person shall park a vehicle between the hours specified herein on any day, with the exception of authorized parking in designated parking places reserved for physically disabled persons, or parking of vehicles displaying the special card, decal or special license plate issued by the Department of Licensing to persons with special parking privileges as provided by Chapter 154, Laws of Washington, 1984, within the district or upon any of the streets described herein: 1. Between nine p.m. and six a.m. of the following day: (1) Both sides of Yakima Avenue between Front Street and 1st Avenue; (2) Both sides of Yakima Avenue between 3rd Avenue and 4th Avenue; (3) Both sides of Yakima Avenue between 6th Avenue and 7th Avenue; (4) Both sides of Yakima Avenue between 7th Avenue and 8th Avenue; (5) Both sides of Yakima Avenue between 8th Avenue and 9th Avenue; (6) Both sides of Yakima Avenue between 9th Avenue and 10th Avenue; (7) Both sides of South 1st Avenue between Yakima Avenue and Walnut Street; (8) Both sides of North 1st Avenue between Yakima Avenue and West "B" Street; (9) West side of North 2nd Avenue between Yakima Avenue and West "A" Street; (10) Both sides of North 3rd Avenue between Yakima Avenue and West "A" Street; ORD.parking third street.jbw 2 (11) West side of South 4th Avenue between Yakima Avenue and the first east -west alley; (12) Both sides of North 4th Avenue between Yakima Avenue and West "A" Street; (13) Both sides of South 5th Avenue between Yakima Avenue and Chestnut Avenue; (14) Both sides of North 5th Avenue between Yakima Avenue and West "A" Street; (15) Both sides of South 6th Avenue between Yakima Avenue and Chestnut Avenue; (16) Both sides of North 6th Avenue between Yakima. Avenue and West "A" Street; (17) Both sides of South 7th Avenue between Yakima Avenue and Chestnut Avenue; (18) Both sides of North 7th Avenue between Yakima Avenue and West "A" Street; (19) Both sides of North 8th Avenue between Yakima Avenue, and Summitview Avenue; (20) Both sides of South 9th Avenue between Yakima Avenue and Chestnut Avenue; 2. Between two a.m. and six a.m.: (1) Both sides of Yakima Avenue between North 1st Avenue and North 2nd Avenue; (2) Both sides of Yakima Avenue between North 4th Avenue and North 5th Avenue; (3) Both sides of South 2nd Avenue between Yakima Avenue and Chestnut Avenue; (4) Both sides of South 3rd Avenue between Yakima Avenue and Chestnut Avenue. C. When signs are erected in each block giving notice thereof, no person shall park an unauthorized vehicle on either side of Third Street between Chestnut and Yakima Avenues on all Sundays during - the months of June through October, inclusive, from 3:00 am until 4 p.m. For purposes of this subsection, "unauthorized vehicle" includes any privately owned vehicle which has not been authorized by the Yakima Farmer's Market Association to be present that day for purposes of the Yakima Farmer's Market. ORD.parking third street.jbw 3 Section 2. Section 9.48.565 of the City of Yakima Municipal Code is hereby amended to read as follows: "9.48.565 Vehicle impoundment without prior notice. A. A vchicle police officer may be impounded a vehicle without giving prior notice to its owner, under the following circumstances: 1. When a vehicle is impeding the flow of traffic or entry or exit into any driveway, including access to City of Yakima property; or 2. When a vehicle poses an immediate danger to public safety including but not limited to danger arising from mechanical defect(s); or 3. a police officer has probable cause to believe that the vehicle is stolen; or 4. When a law enforcement officer has contact with a vehicle operator on public property or highway for purposes of arrest, placement into custody, investigatory stop, accident scene investigation, or voluntary contact by the operator, and the officer observes that the operator is physically or mentally incapable of deciding or refuses to decide upon steps to be taken to protect the vehicle and its contents; or 5. When a vehicle is left unattended on a highway and its impeding construction, maintenance or repair of the highway, in violation of a temporary sign or barricade prohibiting parking on or entry into the highway, or a portion thereof, when the sign or barricade has been placed under the direction of the city of Yakima director of public works, or his designee, to facilitate construction, repair or maintenance of the public highway and when the sign or barricade notifies that vehicles parked or left unattended in violation thereof are subject to impound by inclusion of the words "subject to impound," "tow away zone," or words of similar import; or 6. When a vehicle is left unattended in violation of Section 9.50.060 of this code and the vehicle is impeding street cleaning; or 7. When a vehicle is left unattended in a marked loading zone posted with a sign notifying that vehicles parked in violation thereof are subject to impound by the inclusion on the sign of the words "subject to impound," "tow away zone," or words of similar import; or 8 When a vehicle must be removed from a fire zone established in Section 9.50.240 of the City of Yakima Municipal Code, as determined by a commanding officer, or 9. Whenever a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW 46.61.581 which space is provided on private property without charge or on public property; or 10. Whenever the driver of a vehicle is arrested for a violation of RCW 46.61.502 or 46.61.504 or of RCW 46.20.342 or 46.20.420; or ORD.parking third street.jbw 4 11. Whenever a police officer finds a vehicle standing upon the roadway in violation of any of the provisions of RCW 46.61.560, the officer ma' provide for the removal of vehicle or may require the driver or other person in charge of.Vthe vehicle to move the vehicle to a position of safety off the roadway; or 12. Whenever the officer finds a vehicle unattended upon a:.. . highway where the vehicle jeopardizes public safety; or 13. Whenever a police officer finds a vehicle unattended at the scene of an accident; or 14:. Whenever the driver of a vehicle is arrested and taken into custody by a police officer; or 15. Upon determining that a person is operating a motor vehicle without a valia driver's license in violation of RCW 46.20.005 or with a license that has been expired for ninety days or more. 16. Whenever a police officer finds an unauthorized vehicle parked in violation of YMC 9.50.060 (C), provided the location is posted with a sign notifying that vehicles parked during the dates and times specified therein are subiect to impound by the inclusion on the ..sign of the words "subject to impound," "tow away zone," or words of similar import. Nothing in this section may derogate from the powers of police officers under the common law." ORD.parking third street.jbw 5 Section 3 This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this (40 day of i2ll+4rQ , 2001.' Place, Mayor ATTEST: By Kahn de -o-e. City Clerk Publication Date: JChni Effective Date: 3 - �6 c 1001 ORD.parking third street.jbw 6 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ' Item No. For Meeting of February 20, 2001 ITEM TITLE: A. A Resolution authorizing temporary closure of portions of South Third Street between East Yakima Avenue (to the North) and East Chestnut . Avenue (to the South) for the Yakima Farmer's Market B. An Ordinance amending Municipal Code Section 9.50.060 and 9.48.565 prohibiting parking on Third Street between Yakima Avenue and Walnut during specified times and providing for the impoundment of vehicles. SUBMITTED BY: William R. Cook, Director of Community and Economic Development Department Don Blesio, Chief of Police CONTACT PERSON /TELEPHONE: Doug Maples, Code Administration and Planning Manager (509) 575 -6121 SUMMARY EXPLANATION: For the past two years, the City Council has approved the closure of 3rd Street between Yakima Avenue and Chestnut on Sundays each week from June through October. In order to allow the Yakima Faiiner's Market to operate this year, a resolution is placed before Council to close Third Street every Sunday beginning June 3, 2001 through October 28, 2001. The street closure allows, the Yakima Farmer's Market to rent booth space to people from the community to sell their wares. Recently, there have been times when private cars have parked along this block on Sunday morning, blocking booth space and creating some disruption to the market. The Ordinance provides the mechanism to notify the public and enforce a Sunday no parking restriction on Third Street from Yakima Avenue to Chestnut. This Ordinance also provides for the consolidation into Section 9.48.565, or other regulations, laws and codes found in various locations within the City Code, related to a police officer's authority to impound vehicles. Resolution X Ordinance X Other (Specify) - Contract Mail to (name and address): Phone: Funding Source 6110111 �� � At e jJ� APPROVED FOR SUBMITTAL: _ Ci Maria • er • STAFF RECOMMENDATION: Adopt Resolution and pass Ordinance BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: (A) Resolution adopted. RESOLUTION NO. R - 2001 - 36 (B) Ordinance passed. ORDINANCE NO. 2001 -07