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1152 - Ordinance - Washington Model Traffic OrdinanceORDINANCE NO. 11.52 AN ORDINANCE adopting the Washington Model Traffic Ordinance and other traffic statutes to regulate traffic on the highways of the City of Fort Orchard and repeai.ing Ordinance Numbers 637, 694, 707, 775, 776 § 1, 778, 783, 805, 819 9 1, 840, 382, 885 9 1, 931, 943, 975, 1001., 1005, 1058, 1063, 1064, 1.066, 1069, 1078, 1094, 1109, 1118, 1125, 1131 and all other ordinances and sections of ordinances in conflict therewith. THE CITY OF PORT ORCHARD DOES ORDAIN AS FOLLOWS: Section 1.. ADOPTION BY REFERENCE. The "Washington Model Traffic Ordinance," Chapter 46.90 RCW, hereinafter referred to as the "MTO" is hereby adopted by reference as and for the traffic ordinance of this city as if set forth in full herein except as provided in Section 2. Section 2. SECTIONS NOT ADOPTED. The following sections of the MTO are not adopted by reference and are expressly deleted: NOW 46.90.250, RCW 46.90.275, RCW 46.90.500, RCW 46.90.505, RCW 46.90.510, RCW 46.90.515, RCW 46.90.520, RCW 46.90.530, RCW 46.90.535, RCW 46.90.540, RCW 46.90.600, RCW 46.90.610, RCW 46.90.620. RCW 46.90.630, RCW 46,90.640, NOW 46.90.650, RCW 46.90.660,46.90.525. Section 3. STATUTES NOT ADOPTED. The following sections in the Revised Cade of Washington which were adopted by reference in the MTO are not adopted by reference and are expressly deleted: RCW 46.16.135, RCW 46.16.137, RCW 46.16.138, RCW 46.16.140, RCW 46.16.145, 46.1.6.170, RCW 46.44.090, RCW 46.44.091, RCW 46.44,092, RCW 46.44.093,. RCP] 46.44..095, RCW 46.44.096, RCW 46.44.097, RCW 46.44.120, RCW 46.44.130, RCW 46.44.140. Section 4. PENALTIES. Unless another penalty is expressly provided by law in the MTO or in the statutes that are adopted by reference therein, any personwho is convicted of violating or failing to comply wi.th.. any of the provisionsof this ordinance shall be punished by -1- a fine of not more than $500.00 or by imprisonment not to exceed ninety days, or both. Section 5, DISPOSITION OF TRAFFIC FINES AND FORFEITURES. All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this ordinance shall be paid into the general fund of the city. Section 6. OFFICIAL MISCONDUCT. Failure, refusal, or neglect on the part of any judicial of other officer or employee receiving or having custody of any such fine or forfeiture of bail, either before or after a. deposit in said. general fund, to comply with the provisions of section 5 shall constitute misconduct in office and shallbe grounds for removal therefrom, provided appropriate removal action is taken pursuant to state law relating to removal of public officials. Section 7. FILING OF ORDINANCE.. Incident to the adoption of the MTO by reference, by this ordinance, copies of the text of the adopted MTO andof other adopted statutes shall be filed as required by RCw 35.21. 180 for use and examination by the public. Section 8. REPEAL. Ordinance Numbers 637, 694, 707, 775, 776 9 1, 776, 783, 805, 819 5 1, 840, 882, 885 ® 7., 931, 943, 975, 1001, .1005, 1058, 1063, 1064, 1066, 1069, 1078, 1094, 1109, 1118, 1125, 1131 and all ordinances or parts of ordinances in conflict therewith are hereby repealed. Section 9. DECREASE OF SPEED LIMIT. it is hereby determined on the basis of an engineering and traffic investigation, pursuant to RCN7 46.61.415, that the speed permitted by state law within those streets and inter- sections described below should be decreased during the times specified: (a) Tacoma Street from Kendall Street to Melcher Street, fifteen m.p.h., from eight a.m. until one hour after sunset, -2- (b) Kendall Street from Sidney Street to Tacoma Street, fifteen m.p.h. from eight a.m, until one hour after sunset. (c) Sroufe Street from Sidney Street. to Tacoma Street, fifteen m.p.h. from eight a.m. until one hour after sunset. (d) Sidney Street from Smith Street to Sroufe Street, fifteen m.p.h., from eight a.m. to four p.m. on days school is is session. (e) Dwight Street from Seattle Street to Harrison Street, fifteen m.p.h., from eight a.m. until one hour after sunset. (f) DeKalb Street from Seattle Street to Harrison Street, fifteen m.p.h., from eight a.m. until one hour after sunset. (g) Mitchell Street from First Street, south to one hundred yards past the high school grounds, twenty m.p.h., from seven a.m. to three p.m. on days when school is in session. Section 10. INCREASE IN SPEED LIMIT It is hereby determined on the basis of an engineering and traffic investigation, pursuant to RCW 46.61.415, that the speed permitted by state law within those streets and intersections described below should be increased during the times specified: (a) Tremont Street, from west city limits to Howard Street thirty-five miles per hour at all times; (b), Sidney Street from Tremont Street to primary State Highway No. 16, thirty-five miles per hour at all times; (c) Old Gig Harbor Highway, from its intersection with primary State Highway No. 16, to the south city limits, thirty-five miles per hour at all. times; and (d) Port Orchard Boulevard, on all that portion five hundred feet from its intersection with primary State Highway No. 16 to five hundred feet from its intersection with Tremont Street, thirty-five miles per hour at all times. -3- Section 11. PARKTNG PROHIBITED AT ALL TIMES ON CERTAIN STREETS When the signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets or parts of streets described below: (a) Mitchell Street from Bay Street to one hundred eighty feet south of Division Street; (b) Rockwell Street from Bay Street to Morton Street; (c) Rockwell Street from Morton Street to Kitsap Street on the west side; (d) East side of Cline Street and Bay Street from the northerly side of Kitsap Street where it intersects Cline Street to the southerly side of Bank Street; (e) SR 160 (Bay Street) from Harrison Avenue to Maple Avenue on both sides; (f) Bay Street from traffic signal on SR 160 (Bay Street) to five hundred feet north of Guy Wetzel Street both sides. Section 12. PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS When signs are erected in each block giving notice thereof, no person shall park a vehicle between the hours specified herein of any day except Sunday and public holidays within the district or upon any of the streets or parts of streets described below: (a) Bay Street from Bank Street to Maple Street, from three a.m. to five a.m.; (b) Sidney Street from Prospect Street north to parking lot, from three a.m. to five a.m.; (c) Frederick Street from Prospect Street north from three a.m. to five a.m. Section 13. STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS. When signs are erected in each block giving notice thereof, no person shall stop, stand or park a vehicle between -4- the hours specified herein of any day, within the district or upon any of the streets or parts of streets described below: (a) All accessways in public parking lots at any time; (b) Kitsap Street from Bay Street to Seattle Street at all times during hazardous snow and ice conditions. Section 14. PARKING TIME LIMITED ON CERTAIN STREETS AND PARKING LOTS. When signs are erected in each block giving notice thereof, no person shall park a vehicle for longer than two hours at any time between the hours of nine a.m. and six p.m, of any day except Sunday and public holidays within the district or upon any of the streets or parking lots described below: Public parking lots, except those areas listed in this section as follows: The waterfront parking lot shall consist of three areas which are designated for clarification purposes as Lot 1, which lies between Orchard and Frederick Streets; Lot 2, which lies between Frederick and Sidney Streets; and Lot 3, which is the paved area east of Sidney Street. Parking in Lots 1 and 3 is subject to a monetary charge. No parking is allowed in Lot 1 and the westerly sixteen spaces of Lot 3 (designated as nine -hour parking) between the hours of seven a.m. and eight a.m. Parking at other hours will require the payment o_' fifty cents in Unites States currency for each nine - hour interval or part thereof. Parking in Lot 2 is designated as follows: first southerly row, one -hour parking; second southerly row, two-hour parking; and the remaining two northerly rows, three-hour parking. Parking in Lot 3 will require the payment of one dollar in Untied States currency for each twelve-hour interval or part thereof between the hours of six a.m. and six p.m., Monday through Friday. -5- Section 15. PARKING TIME LIMIT ON KITSAP STREET AND SIDNEY STREET. No person shall park a vehicle for a period of time longer than three hours between the hours of eight a.m. and five p.m. of any day except Sunday and public holidays on the north side of Kitsap Street from Prospect Street to Seattle Street not on the east side of Sidney Street from Prospect Street to Dekalb street. Section 16. PARKING TIME LIMIT ON PROSPECT STREET. (a) No person shall park a vehicle for a period longer than one Tour between the hours of eight a.m. and five -thirty p.m. of any day except Saturday, Sunday and public holidays an the west side of Prospect Street from Kitsap Street to Bank Street. (b) There will be three-hour parking on the north side of Prospect Street. from Sidney to Frederick Street. Section 17. PARKING TIME LIMIT ON DIVISION STREET AND CLINE AVENUE. There will be one -hour parking on the south side of Division Street from Cline Avenue to Austin Avenue, and on the east side of Cline Avenue from Division Street to Sweeny Street. Section 16. TEMPORARY RENTAL OF PARKING METER SPACES. (a) The chief of police shall not hereafter designate or reserve any parking meter space upon special request of any person unless such person first makes an application in writing for a permit for such meter space and for a meter cover to in- dicate such space. (b) Parking meters may be designated and reserved only for contractors, painters, repairmen, servicemen, and others actually working in an area where meter space is necessary for the parking of their vehicles containing tools or equipment which are required for the work being done, or for non-profit organizations or schools requesting meter space for the good of the school. or community, and shall not be designated and reserved for the convenience of the applicant. (c) The chief of police, upon granting a permit, shall cause to be collected from the applicant, a deposit of five dollars for each meter to be reserved, and shall provide a cover for each meter so reserved. A rental fee of fifty cents per day, excluding Sundays and public holidays, will be charged for each meter space so reserved. Rental fees due shall be de- ducted from the deposit at such time as the meter cover is re- turned in good condition to the chief of police, and the balance of the deposit shall be returned to the applicant. (d) Meter covers that are provided with the meter rental permit shall. be returned to the chief of police in good condition. If a meter cover shall be damaged or destroyed, the chief of police shall determine a fair repair or replacement charge, and such repair or replacement charge shall be paid by the appli- cant. If the applicant does not believe the charge to be fair, he may appeal the decision of the chief of police to the city council within thirty days from the time the charge is made. (e) The chief of police shall not issue a permit reserving meter space for more than six days; provided, in the event additional parking is necessary for the completion of the repair or service, the permit may he renewed, at the discretion of the chief of police, upon payment of any meter rental due. Section 19. SEVERABILITY CLAUSE. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or .the application of the provision to other persons or circumstances is not affected. Section 20. EFFECTIVE DATE. This ordinance shall take effect from and after the first day of January, 1981. -7- PASSED by the City Council of the City of Port Orchard, signed by the Mayor and attested by the City Clerk in authenti- cation of such passage this24 Novemberay of November 1 1980. ATTEST: �J G. LLOYD/City erk A) P U�/W�R. Mayo ax