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004-07 - Ordinance - Amending POMC Chapter 10.60 Fire Lanes[Q.Us 4Z"I Z ��►�i�iTi 1 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON AMENDING CHAPTER 10.60 "FIRE LANES" OF THE PORT ORCHARD MUNICIPAL CODE TO DECRIMINALIZE CERTAIN PARKING VIOLATIONS AND TO ALLOW VEHICLES OR OBJECTS WHICH OBSTRUCT A FIRE LANE TO BE IMPOUNDED AT THE OWNER'S EXPENSE. WHEREAS, the City Council recognizes that persons who stop, stand or park a vehicle or any other object, in fire a lane are obstructing the lane of travel and creating an immediate traffic and fire hazard; and WHEREAS, the Port Orchard Municipal Code 10.60.070 currently provides that any person who violates Chapter 10.60 is guilty of a misdemeanor, which is a criminal offense; and WHEREAS, the City Council wishes to distinguish between persons who park in a fire lane and those who willfully refuse to remove their vehicles from a fire lane; and WHEREAS, the City Council finds that criminal penalties for parking in a fire lane should be reserved for persons who willfully disobey police or fire officials who direct those persons to remove their vehicle; and WHEREAS, the City Council wishes to clarify the authority of the police department to impound vehicles left in a fire lane; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.60.030 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.60.030 Parking prohibited Except when necessary to avoid conflict with other traffic, or with the direction of a police officer, fire official, traffic -control sign, signal or device, no person shall: (1) Stop, stand or park a vehicle or any other object, whether occupied or not, at any place where official fire lane signs are posted, except: (a) Momentarily to pick up or discharge a passenger or passengers; or (b) Temporarily for the purpose of and while actually engaged in loading property. (2) The obstruction of a designated fire lane by a parked vehicle or any other object is prohibited, and shall constitute both a traffic and fire hazard as defined in state law and an immediate hazard to life and property. Ordinance No. 004-07 Page 2 of 2 SECTION 2. Section 10.60.070 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.60.070 Violation - Penalty (1) Failure to comply with the provisions of this chapter is a parking infraction subject to a monetary penalty of $250.00. (2) Any person who willfully fails or refuses to comply with any police officer or fire fighter who has ordered or given direction to comply with the provisions of this chapter shall be guilty of a misdemeanor in violation of RCW 46.61.015 as adopted by Port Orchard Municipal Code 10.04.010. SECTION 3. Port Orchard Municipal Code is hereby amended by adding a new Section 10.60.080 to read as follows: 1. 1 1 1110 In accordance with Port Orchard Municipal Code Chapter 10.72, the police department shall have the discretion to have any vehicle or object which is obstructing a fire lane towed at the owner's expense. The registered owner of the vehicle shall be notified by the towing company at his/her registered address. SECTION 4. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. 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 26th day of March 2007. ATTEST: Michelle Merlino, City Clerk APPROVED AS TO FORM: W.Wijorny KIM E. ABEL, MAYOR Sponsored by: Rick Wya , Council Member l - r • .u. •. .,• ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held March 26, 2007. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CHAPTER 10.60 "FIRE LANES" OF THE PORT ORCHARD MUNICIPAL CODE TO DECRIMINALIZE CERTAIN PARKING VIOLATIONS AND TO ALLOW VEHICLES OR OBJECTS WHICH OBSTRUCT A FIRE LANE TO BE IMPOUNDED AT THE OWNER'S EXPENSE. Copies of Ordinance No. 004-07 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. 004-07 will be provided at a nominal charge. City of Port Orchard Michelle Merlino City Clerk Publish: Port Orchard Independent March 31, 2007