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1862 - Ordinance - Parking of Commerical VehiclesNOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held July 22, 2002. ORDINANCE NO. 1862 AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON, REGARDING THE PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AND MIXED USE ZONES. Copies of Ordinance No. 1862 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 1862 will be provided at a nominal charge. City of Port Orchard Deputy Clerk Publish: Port Orchard Independent July 31,2002 Kitsaplegals@soundpublishing .corn ORDINANCE NO. 1862 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REGARDING THE PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AND MIXED USE ZONES WHEREAS, parking and storage of commercial vehicles is not consistent with the character and uses intended for the residential and mixed use zones, now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new chapter within the Port Orchard Municipal Code is created to regulate the parking of commercial vehicles in residential and mixed use zones. SECTION 2. Definitions. For the purpose of this ordinance, the following definitions shall apply unless the context for meaning clearly indicates otherwise: (1) "Bus" means every motor vehicle designed for carrying more than fifteen passengers and used for transportation of persons, except a private carrier bus. (2) "Commercial vehicle" means any vehicle the principal use of which is the transportation of commodities, wood chips, refuse, merchandise, produce, freight, animals, or passengers for hire, or commercial equipment such as bulldozers, cranes and similar construction equipment. (3) "Motor truck" means any motor vehicle designed or used for the transportation of commodities, merchandise, produce, freight, or animals, but does not include a pickup or light truck 10,000 gross weight or less primarily used for transportation purposes. (4) "Private carrier bus" means every motor vehicle designed for the purpose of carrying passengers used regularly to transport persons in furtherance of any organized agricultural, religious or charitable purpose. (5) "Semitrailer" includes every vehicle without motive power designed to be drawn by a vehicle, motor vehicle, or truck tractor and so constructed that an appreciable part of its weight and that of its load rests upon and is carried by such other vehicle, motor vehicle, or truck tractor. (6) 'Trailer" includes every vehicle without motive power designed for being drawn by or used in conjunction with a motor vehicle constructed so that no appreciable part of its weight rests upon or is carried by such motor vehicle, but does not include a municipal transit vehicle or recreational vehicle. (7) "Tractor" means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (8) "Truck tractor" means every motor vehicle designed and used primarily for drawing other vehicles but so constructed as to permit carrying a load in addition to part of the weight of the vehicle and load so drawn. SECTION 3. Parking of Commercial Vehicles Prohibited. It shall be unlawful for any person to park, store, or keep any commercial vehicle over 10,000 gross vehicle weight, bus, motor truck, semitrailer, trailer, tractor, or truck tractor on any private property in a residential or mixed-use zone, or on any public street, avenue, alley, or other thoroughfare, or any right-of-way in any residential or mixed-use zone in the City of Port Orchard for a period in excess of seventy-two hours. Ordinance No. 1862 Page 2 of 3 SECTION 4. Exemptions. The restrictions of Section 3 and 6 shall not apply to: (1) The temporary parking of such vehicles or equipment on private property, or on a public street, avenue, alley, or other public thoroughfare adjacent to said property in a residential or mired use zone, whereon construction is underway, forwhich a current and valid building permit has been issued by the City of Port Orchard and said permit is properly displayed on the premises; or whereon construction not requiring a building permit (e.g. landscaping) is underway and for which the City has not issued a temporary parking permit. (2) Vehicles, whether or not operative, which are stored or kept entirely within a garage or accessory building which meets all applicable laws and codes of the City of Port Orchard. (3) Recreational or utility vehicles defined as travel trailers, folding tent trailers, motor homes, truck campers, horse trailers, boat trailers, lawn mowers and utility trailers. SECTION 5. Nonconforming Uses (1) Vehicles parked, stored or kept on residential or mixed-use zoned property on the date of adoption of this ordinance, which do not conform to the specific provisions of this chapter, shall be deemed to be legal nonconforming uses which are exempt from the provisions of this chapter only on the following conditions: (a) with all codes, which were then applicable; and (b) welfare. The nonconforming use may continue for a period of 120 days from the date of adoption of this ordinance. At the expiration of the 120 day period, the owner shall at hislher expense either remove the vehicles or otherwise bring them into compliance with the requirements and standards of this chapter. The vehicle was lawfully on the property in full compliance The vehicle does not endanger the public health, safety, or (2) SECTION 6. Chain Parking. It shall be unlawful for any person to move and repark a parked bus, motor truck, semitrailer, trailer, tractor, or truck tractor, or any commercial vehicle over 10,000 gross vehicle weight within two blocks of the original parking space in order to avoid a parking time limit regulation. For purposes of this section, a block shall be defined as a City street or alley section located between consecutive intersections. SECTION 7. Penalty. Violation of any of the provisions of this chapter constitutes a Civil infraction not to exceed $250 per day per violation. SECTION 8. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Ordinance No. 1862 Page 3 of 3 PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 22"' day of,@, 2002. " I LESLIE J. WEATHERILL, MAYOR Patricia Parks, Cfty Clerk AP ROVE AS OF0 M: c&iivLl= Sponsored by: