HomeMy WebLinkAbout01-25-10 Council Workshop
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CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
WORKSHOP ITEMS ~ NO ACTION WILL BE TAKEN
1. (10 minutes) Introduction of Dennis Kelly, APD Volunteer Coordinator
2. (20 minutes) EMS Levy Presentation (Barb Tolbert)
3. (20 minutes) Graafstra Lowlands Property purchase ATTACHMENT A
4. (20 minutes) Natural Gas Use Tax ATTACHMENT B
5. (20 minutes) Financial Report for 4th Quarter of 2009
6. (10 minutes) Review of AMC Title 10 ATTACHMENT C
ADJOURNMENT
To download all attachments, click here
Arlington City Council Workshop
January 25, 2010 – 7 PM
City Council Chambers ~ 110 E. Third
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP #3
ATTACHMENT A
COUNCIL MEETING DATE:
January 25, 2010
SUBJECT:
Authorization for the Mayor to sign legal
documents to complete the acquisition of the
Graafstra Lowlands (Country Charm
Conservation Area)
DEPARTMENT OF ORIGIN:
Community Development
Contact: Bill Blake
ATTACHMENTS:
1. Timeline of Actions taken to purchase property
2. Country Charm Conservation Area map
EXPENDITURES REQUESTED: Down Payment $800,000.00
Contract Amount $3, 200,00.00
BUDGET CATEGORY: Graafstra Purchase/Park Funds/SRFB grant
LEGAL REVIEW: City Attorney was involved in the
development of the purchase and sale
agreement
DESCRIPTION:
Acquisition of floodplain portions of Graafstra/Country Charm Dairy Farm, including all water
rights associated with the floodplain and upland portions of the Graafstra properties. The
attached Purchase and Sale Agreement outlines the mechanisms of the acquisition.
HISTORY:
The City has been working with Mr. & Mrs. Graafstra since 2005 to acquire the lowlands of his
property.
ALTERNATIVES:
1. Do not approve acquisition of Country Charm Conservation Area (Graafstra Lowlands)
2. Approve the acquisition of Country Charm Conservation Area with conditions.
3. Remand to staff with specific directions
RECOMMENDED ACTION:
Put on February 1, 2010 City Council agenda for consideration to: Authorize the Mayor to sign
the legal documents necessary to complete the purchase of the Graafstra farm lowlands known
as the Country Charm Conservation Area.
Graafstra Farm (Country Charm Conservation Area) Acquisition
138.5 Acres
Benchmark Summary
In 1995 the Graafstra property was included in the Arlington UGA.
Year 2001 - The lowlands were identified as having public benefit to the Citizens of Arlington in
a draft Capital Project Improvement (CPI) planning document prepared by Natural Resources.
2005- Based on the CPI information the City coordinated with Williams Pipeline Company and
Graafstra family on a conservation easement purchase of 12 wetland acres as mitigation for
stream and wetland impacts for pipeline project. The City of Arlington identified as steward on
conservation easement May 2006.
November 2005 - The appraisal completed by Williams Pipeline established values for both the
lowland ($4,005,495) and upland ($2,880,360) portions of the Graafstra farm. Mayor requests
investigation into options for purchase.
April 2006 – Council Governmental Operation Committee advise to move forward on purchase.
Summer 2006 - The Graafstra family signed a landowner agreement for the City to apply for a
Salmon Funding Recovery Board (SRFB) grant for $274,000 to assist in the purchase of a portion
of the lowland property. The SRFB only allowed salmon funding to be used on purchase of the
Graafstra Farm Buffer Area (GFBA). Requirements for the grant included a survey and legal
description of the GFBA, it was necessary to complete a Boundary line adjustment (BLA)
separating the lowland parcels of the farm from the upland. Grant deadline to use funds was
September 2009.
Discussed at Council Retreat 2007- suggest we start saving parks mitigation fees for purchase
(Per Kathy P. memo total funding available $814,315).
Winter 2007/2008 – Graafstra zoning change from residential to Public/Semi-public was
submitted as a Comprehensive Plan amendment (still pending). Utilities working on
establishing total water right.
Council Retreat May 2008 – Graafstra one of Planning priorities in top 10 list
Summer 2008 - The basic elements of the acquisition established. It was found to be mutually
beneficial for the water rights to go with the land rather than being negotiated as an additional
value, yet a general value of the water rights was recognized in the asking price for the land
based on the Williams pipeline appraisal. The Graafstras provided a list of local jurisdictions
making comparable park purchases to justify the asking price.
Council mini-retreat April 2009– Council places Graafstra acquisition as one of top 10 priorities
Fall 2009 – The Purchase and Sale Agreement was completed over a 3-month exchange of draft
versions. The BLA was completed, but needed signatures from Haller Point representatives.
The Haller Point representatives finally signed the final BLA documents with Snohomish County
December 31, 2009.
February 2010 – if Council approves the Mayor to sign Purchase and Sale agreement and Deed
of Right for the SRFB grant the City can meet the deadline of March 2010 to access the
$274,000 grant and utilize the water rights within the mandatory 5- year use it or lose it rule.
Advantages /Possibilities for the Graafstra Property that would enhance the lives of the
people of Arlington
1. Documented Water Rights
2. Can develop a variety of sports and recreation fields right in town
3. The first Campground in town for visitors to stay shop
4. Over a mile of river frontage added to our Riverfront experience
5. Several beaches for swimming, including a safer shallow swim area
6. Large area for Community Garden
7. Large area for off-leash pet area
8. Nature trails
9. Fishing pond for children similar to the historic Pioneer Pond activities
10. Large block of land in one unit for easier management
11. Already in Growth Management Area and easy to annex
12. Pump and well already down in area near campground (eventually go to City water)
13. Wild life viewing from above or along the riparian area
14. Environmental Education area close to schools and population center
15. Volunteer project opportunities with pet area, garden, campground, fish pond, buffer
16. Open space to support activities with large numbers of people
17. Share the Country Charm and Character of today with future generations
.
Sports Fields withPerimeter Trail
Off Leash Area
Parking
FishingPond
SeasonalCampground
Safe SwimArea
CommunityGarden
Wetland/FloodplainHabitat Area with Trails
Buffer Area
Trail System
Upland Area
"
City of Ar lington
Scale:
Date:
File Name:
Drwn By:01/20/2010 LB
CountryCharm_8.5X11.mxd
City LimitsArlington UGAGraafstra BufferProposed Trail
1 inch = 600 feet
Country Charm Conser vation Ar ea
Buffer Area
Maps and GIS data are distributed “AS-IS” without war ranties of any kind, either express or implied, including but not limited to war ranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which may contain err ors and users who r ely upon the information do so at their own risk. Users agree to indemnify, defend, and hold har mless the City of Arlington for any and all liability of any natur e arising out of or resulting from the lack of accuracy or cor rectness of the data, or the use of the data presented in the maps.
Aeri al Photo(200 9)
Buffer Li ne from Axi s Survey and Mappi ng, Kirkl and WA
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP #4
ATTACHMENT B
COUNCIL MEETING DATE:
January 25, 2010
SUBJECT:
Natural Gas Use Tax
DEPARTMENT OF ORIGIN:
Finance – Contact Jim Chase 403-3422
ATTACHMENTS:
1. Proposed Ordinance
2. Copy of Department of Revenue Natural Gas Use Tax form
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: Occupation – (Utility) Taxes
LEGAL REVIEW: City Attorney has reviewed the ordinance
DESCRIPTION:
Cascade Natural Gas remits to the City the occupation tax of 6% on all natural gas used within
the city. Implementing a Natural Gas Use tax will eliminate an unfair advantage of purchasing
natural gas from a broker and not paying the 6% tax on gas used within city limits.
There is at least one natural gas broker that is brokering the sale of natural gas to a customer
within the city limits and is not paying the occupation tax. They claim they are not a utility
and, therefore, not subject to the tax in the first place.
There may also be other brokers who sell natural gas to commercial customers within the city
limits.
The City could expect to receive upwards of $10,000 in additional annual revenues into the
Current Expense Fund.
There are over 50 cities in the state that have adopted the Natural Gas Use Tax.
HISTORY:
The last occupation tax payment received by a broker was in October 2008.
ALTERNATIVES:
1. Table for additional review
2. Decide against creating a Natural Gas Use Tax
RECOMMENDED ACTION:
No action at this time. Council will be requested to adopt a Natural Gas Use Tax at the February
1, 2010 Council meeting.
ORDINANCE 2010-____ 1
ORDINANCE NO. _________2010-____
AN ORDINANCE RELATING TO IMPOSING A USE TAX ON NATURAL GAS AND ADDING
A NEW SECTION TO CHAPTER 3.20 OF THE ARLINGTON MUNICIPAL CODE
WHEREAS, the City of Arlington currently requires all business within the City limits to
be licensed and pay the required fees, and,
WHEREAS, the ongoing license fee for any Utility is the payment of the Occupation
Taxes, and,
WHEREAS, this tax would include utility businesses selling, manufacturing, or
distributing natural gas for residential, commercial or industrial consumption, and,
WHEREAS, the Occupation Tax is currently six percent (6%) of the gross operating
revenues from such sales within the city limits of Arlington, and,
WHEREAS, there are businesses that broker the sale of natural gas to customers inside
the city limits of Arlington who may not actually be considered a utility business, and,
WHEREAS, in order to assure equity in the collection of a tax on all natural gas used
within the city limits of Arlington, it is necessary to impose a Use Tax on the use of brokered
Natural Gas that is used within the city limits, and,
WHEREAS, the rate of use tax on brokered Natural Gas shall be set at the same rate as
the Occupation Tax, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DO HEREBY ORDAIN
AS FOLLOWS:
Section 1. There is hereby added a new section 3.20.022 to Chapter 3.20 of the
Arlington Municipal Code to read as follows:
3.20.022 NATURAL GAS – USE TAX IMPOSED. There is hereby levied and shall be
collected from every person within the City a use tax for the privilege of using natural gas
within the City as a customer. The tax shall be levied and collected in an amount equal to
the value of the article used by the taxpayer multiplied by the rate imposed upon the
occupation or business activity of furnishing or selling natural gas as provided in Section
3.16.040(4) as now or hereafter amended. The amount shall be subject to such exemptions
and exclusions and procedures as provided by RCW 82.12.022 and the rules of the State of
Washington Department of Revenue adopted in accord herewith.
Section 2. This ordinance shall be in full force and effect five (5) days after passage and
publication.
Passed by the City Council of the City of Arlington, Washington and approved as
provided by law this 1st day of February, 2010.
Formatted: Top: 1", Bottom: 1"
Formatted: Underline
Formatted: Underline
Comment [SJP1]: Jim, should there be an
effective date (i.e., start of a quarter, month, etc.)
for ease of administration? As I understand it this
tax is likely going to be collected and administered
under interlocal contract with the DOR, so I’m not
sure if they have any requirements in that regard.
ORDINANCE 2010-____ 2
CITY OF ARLINGTON
__________________________
Margaret Larson, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Kristin Banfield, City Clerk City Attorney
APPROVED AS TO FORM:
__________________________
Steven Peiffle, City Attorney
December 2009
Natural Gas Use Tax Addendum 12 09
Name Tax Registration Number
Use Black Ink and Attach Original Form to your Excise Tax Return.4
15. Total Tax Due (add line 2
and line 10)
16. Total Credit (line 14)
17. Total Amount Due
(Subtract line 16 from line 15)
Add all Addendum totals and transfer
the amount to the Total All Addendums
line on your tax return.
Page 1Internet/Fax (10-15-09)
State Natural Gas Use Tax
Local City Natural Gas Use Tax [141]
State Credit(s)
Totals
Local City Credit(s)
1.
3.
4.
5.
6.
7.
8.
9.
10.
Volume (in therms) [122]
Loc. City Code
Purchase Price [121]
Total City Value
Consumer Paid Use Tax
Consumer Paid Use TaxLoc. City Code
Transportation Charges [12171]
Local Rate
Seller Paid State Gross Receipts
Seller Paid Municipal Gross Receipts
Total Value
City Tax Due
Total State Credit
Total Local Credit
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=
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Credit for Tax Paid in
Another State
Total City Value
(add lines 3-9)Total City Tax Due
(add lines 3-9)
11.
12.
13.
2. Total State Tax Due (Multiply the Total Value in line 1, by the tax rate .03852)
14. Total State/City Credit(s) (add lines 11-13)
Note: To find the
local city code
and local rate in
which you used
your natural gas,
see the bottom
of page 2.
4
Reminder: Attach this addendum to
your original return and
mail to the Department.
4
For tax assistance, visit dor.wa.gov or call (360) 902-7036. To inquire
about the availability of this document in an alternate format for the
visually impaired, please call (360) 705-6715. Teletype (TTY) users
may call 1-800-451-7985.
Check box if public utility tax was paid or natural gas was not purchased for this period.(This addendum must be filed even if no tax is due.)
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Instructions for Completing the Natural Gas Use Tax Addendum
Local City Codes and Tax Rates
Either the public utility tax or the natural gas use tax is due on
purchases of natural gas.
Important: Include your tax registration number on all
correspondence and checks.
State Natural Gas Use Tax
Volume (in therms): Enter a whole number for the total vol-
ume (in therms) of gas delivered this period. If your company
received natural gas in more than one location, enter the total
volume for all locations. This information will be cross-matched
with the quarterly reports required from the local distribution
companies.
1 MMBTU = 10 therms OR 1 therm = 100,000 BTU’s.
Purchase Price: Enter only the purchase price of the gas.
Do not include transportation charges.
Transportation Charges: Enter the amount of separately
stated interstate and intrastate transportation charges that are
not subject to public utility tax.
Total Value: Add the purchase price and the transportation
charges and enter the total.
Total State Tax Due: Multiply the total value by .03852 and
enter the result.
Internet/Fax (10-15-09)Page 2
Local City Natural Gas Use Tax
From the chart below, find the city and tax rate in which you
used your natural gas.
Enter the four-digit code for your city in the “Loc. City Code”
column.
Enter the total value, local rate, and calculate the city tax due
for each location.
Note: If your natural gas was used at a county address, you
only need to complete the state portion of this tax.
State and Local City Credit(s)
If you paid tax to another state on gas used, you may be able
to take that amount as a credit. Prorate the credit to the state
and city portion (if applicable) of the tax based on the relative
rates of the taxes.
How to Report Prior Period Adjustments
Make a copy of the original return, cross out the incorrect
information and write in the correct information. You may
also use a blank Natural Gas Use Tax Addendum by filling in
the correct information. For either method, write “amended”
at the top and include a letter of explanation.
Code City Rate Code City Rate Code City Rate
1701 Algona .............................0600 2706 Fife...................................0450 Selah:
1702 Auburn .............................0500 Goldendale:3907 First $2,000 each month .....0600
1704 Bellevue ...........................0500 2002 First $350,000 annually .....0600 3999 Over $2,000 in a month .....0000
Bellingham:2099 Over $350,000 annually ....0000 3210 Spokane ..........................0600
3701 First $250,000 each month ...0600 3901 Grandview .......................0600 3116 Stanwood.........................0600
3771 Over $250,000 in a month ....0100 0302 Kennewick .......................0850 Sumner:
2902 Burlington ........................0300 1715 Kent .................................0600 2716 First $28,571.43 each month .0525
2101 Centralia ..........................0600 1716 Kirkland............................0600 2799 Over $28,571.43 in a month .0000
Chehalis:3111 Marysville .........................0500 3908 Sunnyside ........................0600
2102 First $10,000 annually .......0600 3206 Medical Lake ...................0600 2717 Tacoma ............................0600
2181 Over $10,000 up to 3207 Millwood...........................0200 1729 Tukwila ............................0600
$75,000 annually ...............0100 2907 Mount Vernon ..................0600 3406 Tumwater .........................0600
2199 Over $75,000 annually ......0000 3114 Mukilteo ...........................0600 3911 Union Gap .......................0600
3202 Cheney ............................1475 3403 Olympia ...........................0900 Vancouver:
0202 Clarkston .........................0600 0103 Othello .............................0600 0605 First $25,000 each month ....0600
3601 College Place ..................0600 1104 Pasco ..............................0850 0675 Over $25,000 in a month .....0125
Connell:0303 Prosser ............................0600 3604 Walla Walla ......................0600
1101 First $140,000 annually .....0500 3812 Pullman............................0800 Warden:
1199 Over $140,000 annually ....0000 2711 Puyallup ...........................0400 1313 First $200,000 annually .....0600
3104 Edmonds .........................0600 1724 Redmond .........................0600 1399 Over $200,000 annually ....0000
3105 Everett .............................0450 1725 Renton .............................0600 0606 Washougal .......................0400
1732 Federal Way ....................0775 0304 Richland .0850 0405 Wenatchee ......................0600
3704 Ferndale ..........................0600 1726 Seattle .............................0600 0805 Woodland ........................0600
(Effective 10/1/09)
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP #6
ATTACHMENT C
COUNCIL MEETING DATE:
January 25, 2010
SUBJECT:
Update of Arlington Municipal Code – Title 10
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Strikeout version of Title 10 – Vehicles and Traffic
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Legal review is ongoing
DESCRIPTION:
Proposed changes within Title 10 of the Arlington Municipal Code are attached for the
Council’s review. AMC Title 10 discusses a variety of issues related to parking regulations,
traffic regulations, and the commute trip reduction program.
HISTORY:
The City Council is reviewing the Arlington Municipal Code to update it for eventual
publication to the City’s website.
ALTERNATIVES:
RECOMMENDED MOTION:
No action at this time.
Title 10 VEHICLES AND TRAFFIC
Chapters:
10.52 Parking in Front of Theaters - REPEAL
10.54 Stopping, Standing and Parking – SUBSTANTIAL REVISIONS
10.80 Transportation Demand Management – NO CHANGES
10.84 Revisions-General – NO CHANGES
1
Chapter 10.52 PARKING IN FRONT OF THEATERS
Sections:
10.52.010 Definitions.
10.52.020 No parking signs placement-Starting time notification.
10.52.030 No parking signs-Placement direction.
10.52.010 Definitions.
For the purpose of this chapter, "theater" means a building or structure having a stage and/or
motion picture screen and projection room and having an accommodation for an audience of in
excess of fifty persons; "performance" means any function, activity, show or showing
conducted in a theater, whether or not paid admissions are charged or the theater is open to
the general public; "fire-zone" means that portion of the street and curb on which a theater
fronts lying between the extension of the outside walls of the theater building or structure; and
"no parking signs" means signs of such size, clarity and stability as shall be prescribed by the
chief of police, provided that the requirements of the chief of police shall not exceed the
standards observed by the city with respect to the city's no parking signs.
(Ord. 505 §1, 1965).
10.52.020 No parking signs placement-Starting time notification.
It is unlawful for any person, firm or corporation who is owner, lessee, licensee, operator or
sponsor of any performance at any theater within the city to fail to place at least two no
parking signs in the fire zone in front of such theater not less than two hours prior to the
admission of any audience to such theater, or to cause or permit the said no parking signs to be
removed therefrom at any time during the duration of such performance and until the
audience has been discharged from the theater. It is further unlawful for any such person, firm
or corporation to fail to have notified the chief of police or the city clerk of the time of such
performance at least four hours prior to the scheduled time thereof. In the case of regularly
scheduled performances, it is sufficient to comply with this provision that such person, firm or
corporation notify the chief of police or the city clerk in writing, of the regular scheduled
performances.
(Ord. 505 §2, 1965).
10.52.030 No parking signs-Placement direction.
The physical placing of the no parking signs on or adjacent to the fire zone shall be as directed
by the chief of police.
(Ord. 505 §3, 1965).
2
Chapter 10.54 STOPPING, STANDING AND PARKING
Sections:
10.54.010 Chapter application.
10.54.020 Regulations not exclusive.
10.54.030 Parking prohibited for more than seventy-two hours.
10.54.040 Prohibited parking designated.
10.54.050 Prohibited parking, additional
10.54.050 060 Violations -– PenaltiesInfraction and Impound.
10.54.010 Chapter application.
The provisions of this chapter prohibiting the standing or parking of a vehicle shall apply at all
times or at those times herein specified or as indicated on official signs except when it is
necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the
directions of a police officer or official traffic control device.
(Ord. 1127 §1(part), 1996).
10.54.020 Regulations not exclusive.
The provisions of this chapter imposing a time limit on parking shall not relieve any person from
the duty to observe other and more restrictive provisions prohibiting or limiting the stopping,
standing or parking of vehicles in specified places or at specified times.
(Ord. 1127 §1(part), 1996).
10.54.030 Parking prohibited for more than seventy-two hours.
No vehicle shall be continuously parked at any one location on a city street or alley for more
than seventy-two hours.
(Ord. 1127 §1(part), 1996).
10.54.040 Prohibited parking designated.
When and where signs are erected and/or curbing painted red to give notice of a no parking
zone or fire zone, there shall be no parking of motor vehicles.
When signs are erected in each block giving notice thereof, no person shall at any time, except
as herein provided and as stated on the signs, park a vehicle on the following streets or portions
thereof:
(1) Maple Street between Olympic Avenue and Lebanon Street, both sides;
(2) Lebanon Street from Maple Street to West Avenue and from Maple Street to 67th Avenue
N.E. both sides;
(3) 67th Avenue between Division Street and Cox Avenue, both sides;
(4) West Avenue between Division Street and Cox Avenue, both sides;
(5) West Avenue between Cox Avenue and the north city limits, both sides;
3
(6) The north side of that portion of Third Street which extends from Lenore Avenue to Mcleod
Avenue, except that parking shall be permitted on Sundays only on the north side of that
portion of Third Street which extends from Lenore Avenue to French Avenue;
(7) Any bus loading zones, except from nine p.m. to three a.m., and except for Sundays;
(8) Olympic Avenue, between Maple and Union Streets, both sides;
(9) Highland Drive, between State Highway 9 and French Avenue, both sides;
(10) Mcleod Avenue, between Second Street and the southwest corner of the Arlington Fire
Department Administrative building, east side;
(11) The westbound lane of Division Street between High Street and Broadway Avenue, south
side;
(12) The eastbound lane of Division Street between Mcleod and French Avenue, North side;
(13) Burke Avenue between the east parking lot entrance of Cascade District Court and the
Lincoln bridge, north side;
(14) Division Street from State Highway 9 to Olympic Avenue, south side;
(15) The first marked parking spaces located north and south of the crosswalk on the west side
of Olympic Avenue between Third and Fourth Streets, except for motorcycles which may park
in those spaces;
(16) Any no parking area as designated by red curbing and/or an appropriate sign giving notice
thereof;
(17) Any area designated as a fire lane by red street marking and/or an appropriate sign giving
notice thereof.
(Ord. 1127 § 1(part), 1996).
10.54.050 Prohibited Parking, additional.
(a) Except when necessary to avoid conflict with other traffic, or in compliance with the
directions of a police officer or an official traffic control device, it shall be unlawful to:
(1) Stop, stand, or park a vehicle in the following areas:
(a) on the roadway side of any vehicle stopped or parked at the edge or curb of
any street;
(b) on a sidewalk or street planting strip;
(c) within an intersection;
(d) on a crosswalk;
(e) along side or opposite any street excavation or obstruction when stopping,
standing, or parking would obstruct traffic or the view of the traffic by other
drivers;
(f) upon any bridge or other elevated structure upon a roadway;
(g) on any railroad tracks;
(h) in a posted fire lane, whether on public or private property;
(i) in a designated pedestrian walkway;
(j) at any place where official signs prohibit stopping;
(k) in the travel portionof any roadway; or
(l) in any location that obstructs the normal movement of traffic.
(2) Stand or park a vehicle, whether occupied or not in the following areas:
(a) in front of a public or private driveway or within five (5) feet thereof;
4
(b) within fifteen (15) feet of a fire hydrant;
(c) within twenty (20) feet of a crosswalk;
(d) within thirty (30) feet approaching any flashing signal, stop sign, yield sign, or
traffic control signal located at the side of a roadway;
(e) within twenty (20) feet of the driveway entrance to any fire station and on
the side of a street opposite the entrance to any fire station within seventy five
(75) feet of said entrance when signs are properly posted; or
(f) at any place where official signs prohibit standing.
(3) Park a vehicle, whether occupied or not, except to temporarily load or unload
property or passengers in the following areas:
(a) within fifty (50) feet of the nearest rail of a railroad crossing; or
(b) at any place where official signs prohibit parking.
(b) It shall be aunlawful to reserve or attempt to reserve any portion of the roadway for
purpose of stopping, standing or parking to the exclusion of others, without specific permission
from the City of Arlington.
(c) Unless otherwise posted or regulated, vehicles stopped or parked on a roadway shall be
(1) parked with the wheels parallel to and withing twelve (12) inches of the curb, or as
close as practical to the edge of the roadway, as so not to obstruct traffic; and
(2) parked in the direction of authorized traffic movement.
(d) Parking Trailers, Campers, Motorhomes, and Trucks.
1. No person shall detach and/or park any trailer or camper upon any street or alley.
2. Persons stopping, standing or parking trailers that are attached to towing vehicles
shall abide by all parking regulations as set forth in this chapter.
3. No person shall stand or park a truck, motorhome, or truck tractor-trailer
combination which has a manufacturer’s gross vehicle weight in excess of sixteen (16)
thousand pounds, a length in excess of twenty (20) feet or a width in excess of eight (8)
feet upon any portion of a street or alley within any residential zone as defined in AMC
Title 20, except when:
(a) Property is actively loaded or unloaded from such vehicle;
(b) The vehicle is a city vehicle or public utility vehicle providing a service to the
public;
(c) The vehicle is an emergency vehicle; or
(d) Such vehicle is currently used at and is located at a specific location within a
residential zone for the purpose of providing services such as construction,
carpentry, plumbing or landscaping to such residence or location.
4. Motor homes may stand or park on a city street in a residential zone for a maximum period
of seventy-two (72) hours, if no other parking is available; provided said vehicles do not violate
any parking restrictions, such as posted time zones, weight, or length restrictions and meet all
other parking regulatios.
5. No person shall park any motor home or trailer in a city-owned parking lot for more than
seventy-two (72) hours.
10.54.060 Violation – Infraction and Impound.
5
A person violating any provision of this chapter commits an infraction, for the violation of which
they shall pay a civil penalty in the sum of $50.00 plus court fees, where applicable. Any vehicle
parked in violation of any provision of this chapter will be subject to impound at the discretion
of the police department.
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Chapter 10.80 TRANSPORTATION DEMAND MANAGEMENT*
Sections:
10.80.000 Purpose.
10.80.010 Definitions.
10.80.020 Arlington CTR plan.
10.80.030 Responsible city official.
10.80.040 Applicability.
10.80.050 Notification of applicability.
10.80.060 Applicability to new major employers.
10.80.070 Change in status as a major employer.
10.80.080 Employer requirements.
10.80.090 Recordkeeping.
10.80.100 Schedule and process for CTR reports.
10.80.120 Enforcement.
10.80.130 Exemptions or goal modifications.
10.80.140 Appeals.
* Prior ordinance history: Ords. 1056, 1154 and 1214.
10.80.000 Purpose.
The purpose of this chapter is to provide a method for compliance with the Washington State
Commute Trip Reduction Law of 1991 (RCW 70.94.521 through 70.94.551), as amended in 2006
by the Commute Trip Reduction Efficiency Act. The Commute Trip Reduction Law was passed to
reduce traffic congestion, air pollution, and dependency on fossil fuels through employer-based
programs encouraging alternative commute methods to the single-occupancy vehicle.
10.80.010 Definitions.
For the purpose of this chapter, the following definitions shall apply in the interpretation and
enforcement of this chapter:
(a) "Affected employee" means a full-time employee who begins his or her regular work day at
a major employer worksite between six a.m. and nine a.m. (inclusive) on two or more weekdays
for at least twelve continuous months, who is not an independent contractor, and who is
scheduled to be employed on a continuous basis for fifty-two weeks for an average of at least
thirty-five hours per week.
(b) "Affected urban growth area" means:
(1) An urban growth area, designated pursuant to RCW 36.70A.110, whose boundaries
contain a state highway segment exceeding the one hundred person per hours of delay
threshold calculated by the Washington State Department of Transportation, and any
contiguous urban growth areas; and
(2) An urban growth area, designated pursuant to RCW 36.70A.110, containing a
jurisdiction with a population over seventy thousand that adopted a commute trip
reduction ordinance before the year 2000, and any contiguous urban growth areas; or
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(3) An urban growth area identified by the Washington Department of Transportation
as listed in WAC 468-63-020(2)(b).
(c) "Alternative mode" means any means of commute transportation other than that in which
the driver-alone motor vehicle is the dominant mode, including telecommuting and
compressed work weeks if they result in reducing commute trips.
(d) "Alternative work schedules" means work schedules that allow employees to work their
required hours outside of the traditional Monday to Friday, eight a.m. to five p.m. schedule,
such as compressed work weeks that eliminate work trips for affected employees.
(e) "Base year" means the twelve-month period, that commences when the city of Arlington
determines an employer is required to comply with the CTR law, on which goals for vehicle
miles traveled (VMT) per employee and proportion of single-occupant vehicle (drive-alone)
trips shall be based.
(f) "Base year survey" or "baseline measurement" means the survey, during the base year, of
employees at a major employer worksite to determine the drive-alone rate and vehicle miles
traveled per employee at the worksite. The jurisdiction uses this measurement to develop
commute trip reduction goals for the major employer. The baseline measurements must be
implemented in a manner that meets the requirements specified by the city.
(g) "Carpool" means a motor vehicle occupied by at least two persons traveling together for
their commute trip that result in the reduction of a minimum of one motor vehicle commute
trip.
(h) "City" means the city of Arlington.
(i) "Commute trip" means trips made from a worker's home to a worksite during the peak
period of six a.m. to nine a.m. (inclusive) on weekdays.
(j) "Commute Trip Reduction (CTR) Plan" means the city's plan and ordinance to regulate and
administer the CTR programs of major employers within its jurisdiction.
(k) “CTR commuter” means a resident or employee in an affected urban growth area who is
participating in the city’s commute trip reduction program, including any growth and
transportation and efficiency center programs, implemented to meet Arlington’s established
targets.
(l) “CTR Program” means an employer’s strategies to reduce affected employees’ drive alone
use and VMT per employee.
(m) “CTR law” means the Commute Trip Reduction law passed by the Washington State
legislature in 1991 (Chapter 202, Laws of 1991) and codified in RCW 70.94.521 through
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70.94.551, and amended in 1997 and 2006 requiring counties of over one hundred fifty
thousand residents, with one or more major employers, to implement a CTR ordinance and
plan. All cities in such counties with one or more major employers are also required to adopt
CTR ordinances and plans.
(n) "Commute trip vehicle miles traveled per employee (VMT)" means the sum of the individual
commute trip lengths in miles over a set period divided by the number of full-time employees.
(o) "Commuter matching service" means a system that assists in matching commuters for the
purpose of commuting together.
(p) "Compressed work week" means an alternative work schedule, in accordance with employer
policy, that regularly allows a full-time employee to eliminate at least one work day every two
weeks by working longer hours during the remaining days, resulting in fewer commute trips by
the employee. This definition is primarily intended to include weekly and bi-weekly
arrangements, the most typical being four ten-hour days or eighty hours in nine days, but may
also include other arrangements.
(q) "Custom bus pool" means a commuter bus service arranged specifically to transport
employees to work.
(r) "Dominant mode" means the mode of travel used for the greatest distance of a commute
trip.
(s) "Drive-alone" means single-occupant vehicle.
(t) “Employer” means a sole proprietorship, partnership, corporation, unincorporated
association, cooperative, joint venture, agency, department, district or other individual or
entity, whether public, nonprofit, or private, that employs workers.
(u) "Employee transportation coordinator (ETC)" means a person who is designated as
responsible for the development, implementation, and monitoring of an employer's CTR
program.
(v) "Exemption" means a waiver from any or all CTR program requirements granted to an
employer by the city based on unique conditions that apply to the employer or employment
site.
(w) "Flex-time" is an employer policy allowing individual employees some flexibility in choosing
the time, but not the number, of their working hours to facilitate the use of alternative modes.
(x) "Full-time employee" means a person other than an independent contractor, scheduled to
be employed on a continuous basis for fifty-two weeks for an average of at least thirty-five
hours a week.
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(y) "Goal" means a purpose toward which efforts are directed.
(z) "Good faith effort" means that an major employer has met the minimum requirements
identified in this chapter and is working in collaboration with the city and Snohomish County to
continue its existing program or is developing and implementing program modifications likely
to result in improvements to its CTR program over an agreed-upon length of time.
(aa) "Growth and transportation efficiency center (GTEC)" means a defined, compact, mixed-
use urban center that contains jobs or housing and supports multiple modes of transportation.
For the purpose of funding, a GTEC must meet minimum criteria established by the CTR Board
under RCW 70.04.537, and must be certified by a regional transportation planning organization
as established in RCW 47.80.020.
(bb) "Implementation" means active pursuit by an employer of the CTR goals of RCW
70.94.521-551 and this chapter as evidenced by appointment of a transportation coordinator,
distribution of information to employees regarding alternatives to drive-alone commuting, and
commencement of other measures according to its approved CTR program and schedule.
(cc) "Jurisdiction's base year measurement" means the proportion of drive-alone vehicle
commute trips by CTR commuters and commute trip vehicle miles traveled per CTR commuter
on which commute trip reduction targets for the city shall be based. The city's base year
measurement shall be determined based on employee surveys administered in the 2006-2007
survey cycle. If complete employee survey data from the 2006-2007 survey cycle is not
available, then the base year measurement shall be calculated from the most recent and
available set of complete employee survey data.
(dd) “Major Employer” means a private or public employer, including state agencies, that
employs one hundred or more full-time employees at a major worksite who are scheduled to
begin their regular work day between 6 a.m. and 9 a.m. (inclusive) on two or more weekdays
for at least twelve continuous months. Construction worksites, when the expected duration of
the construction is less than two years, are excluded from this definition. (Also see definition of
employer.)
(ee) “Major Worksite” means a building or group of buildings that are on physically contiguous
parcels of land or on parcels of land separated solely by private or public roadways or rights-of-
way, and at which there are one hundred or more full-time employees, who begin their regular
workday between 6:00 a.m. and 9:00 a.m. on weekdays, for at least twelve continuous months.
(ff) "Mode" means the means of transportation used by employees, such as drive-alone motor
vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, walking, compressed work
schedule and telecommuting.
(gg) "Notice" means written communication delivered via the United States Postal Service with
receipt deemed accepted three days following the day on which the notice was deposited with
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the postal service unless the third day falls on a weekend or legal holiday, in which case the
notice is deemed accepted the day after the weekend or legal holiday.
(hh) "Peak period trip" means any employee trip that delivers the employee to begin his or her
regular work day between 6 a.m. and 9 a.m. Monday through Friday, except legal holidays.
(ii) "Person hours of delay" means the daily person hours of delay per mile the peak period of 6
a.m. to 9 a.m., as calculated using the best available methodology by the Washington State
Department of Transportation.
(jj)"Proportion of single-occupant vehicle trips" or "drive-alone rate" means the number of
commute trips made by single-occupant automobiles divided by the number of full-time
employees.
(kk) "Single-occupant vehicle (drive-alone)" means a motor vehicle occupied by one employee
for commute purposes, including a motorcycle. If there are other passengers occupying the
motor vehicle, but the ages of these passengers are sixteen or under, the motor vehicle is still
considered a "single-occupant vehicle" for measurement purposes.
(ll) "Target" means a quantifiable or measurable value that is expressed as a desired level of
performance, against which actual achievement can be compared in order to assess progress.
(mm) "Telecommuting" means the use of telephones, computers, or other similar technology to
permit an employee to work from home, eliminating a commute trip, or to work from a work
place closer to home, reducing the distance traveled in a commute trip by at least half.
(nn) "Transit" means a multiple-occupant vehicle operated on a for-hire, shared-ride basis,
including bus, ferry, rail, shared-ride taxi, shuttle bus, or vanpool. A transit trip counts as zero
vehicle trips.
(oo) "Transportation demand management (TDM)" means a broad range of strategies that are
primarily intended to reduce and reshape demand on the transportation system.
(pp) "Transportation management organization (TMO)" means a group of employers or an
association representing a group of employers in a defined geographic area. A TMO may
represent employers within specific city limits, or may have a sphere of influence that extends
beyond city limits.
(qq) "Vanpool" means a vehicle occupied by from five to fifteen people traveling together for
their commute trip that results in the reduction of a minimum of one motor vehicle trip. A
vanpool trip counts as zero vehicle trips.
(rr) "Voluntary employer worksite" means the physical location occupied by an employer who is
voluntarily implementing a CTR program.
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(ss) "Week" means a seven-day calendar period, starting on Monday and continuing through
Sunday.
(tt) "Writing," "written" or "in writing" means original signed and dated documents. Facsimile
(fax) transmissions are a temporary notice of action that must be followed by the original
signed and dated document via mail or delivery.
10.80.020 Arlington CTR plan.
The most recently adopted Arlington CTR plan is wholly incorporated herein by reference. A
true copy of the CTR plan shall be maintained in the office of the city clerk for inspection by the
public.
10.80.030 Responsible city official.
The city administrator, or his or her designee, shall be responsible for implementing this
chapter, the CTR plan, and the city CTR program. The city administrator or his or her designee
shall also have all authority necessary to carry out such responsibilities, including but not
limited to, the promulgation of necessary rules or regulations and all necessary administrative
decisions required to implement the CTR plan.
10.80.040 Applicability.
The provisions of this chapter shall apply to any major employer at any single worksite within
the corporate limits of the city.
10.80.050 Notification of applicability.
(a) In addition to the city's established public notification of adoption of an ordinance, a notice
of availability of summary of the ordinance codified in this chapter, a notice of the
requirements and criteria for major employers to comply with said ordinance, and subsequent
revisions shall be published at least once in the city's official newspaper not more than thirty
days after passage of this chapter or revisions.
(b) Major employers located within the city are to receive written notification that they are
subject to the ordinance codified in this chapter. Such notice shall be addressed to the
company's chief executive officer, senior official, or CTR manager at the worksite. Such
notification shall provide ninety days for the major employer to perform a baseline survey.
After the results of the baseline survey are provided to the major employer, they have ninety
days to submit a CTR program to the city.
(c) Major employers that, for whatever reason, do not receive notice within thirty days of
passage of the ordinance codified in this chapter and are either notified or identify themselves
to the city within ninety days of the passage of said ordinance will be granted an extension to
assure up to ninety days within which to perform a baseline survey. After the results of the
baseline survey are provided to the major employer, they have ninety days to develop and
submit a CTR program to the city.
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(d) Major employers that have not been identified or do not identify themselves within ninety
days of the passage of said ordinance, do not complete a baseline survey within ninety days, or
submit a CTR program within one hundred eighty days are in violation of this chapter.
(e) If a major employer has already performed a baseline survey, the major employer or
voluntary worksite is not required to perform another survey and is required to submit a CTR
plan to the city within ninety days.
10.80.060 Applicability to new major employers.
(a) Employers that meet the definition of "major employer" in this chapter must identify
themselves to the city within ninety days of either moving into the boundaries of the city or
growing in employment at a worksite to one hundred or more affected employees. Such
employers shall be given ninety days to complete a baseline survey and an additional ninety
days to submit a CTR program once the baseline survey results are given to the employer. The
CTR program will be developed in consultation with the city and implemented not more than
ninety days after the programs approval.
(b)Employers that do not identify themselves within ninety days are in violation of this chapter.
(c) New major employers shall have four years to meet the CTR program goals of a ten percent
reduction in drive alone trips and a thirteen percent reduction in vehicle miles traveled.
10.80.070 Change in status as a major employer.
Any of the following changes in an employer's status will change the employer's CTR program
requirements:
(a) If an employer initially designated as a major employer no longer employs one hundred or
more affected employees and expects not to employ one hundred or more affected employees
for the next twelve months, that employer is no longer a major employer. It is the responsibility
of the employer to notify the city that it is no longer a major employer.
(b) If the same employer returns to the level of one hundred or more affected employees
within the same twelve months, that employer will be considered a major employer for the
entire twelve months, and will be subject to the same program requirements as other major
employers.
(c) If the same employer returns to the level of one hundred or more affected employees
twelve or more months after its change in status to an unaffected employer, that employer
shall be treated as a new major employer, and will be subject to the same program
requirements as other new major employers.
10.80.080 Employer requirements.
A major employer is required to make a good faith effort, as defined in RCW 70.94.534(2) and
this chapter, to develop and implement a CTR program that will encourage its employees to
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reduce VMT per employee and drive-alone commute trips. The employer shall submit a
description of its program to the city and provide an annual progress report to the city on
employee commuting and progress toward meeting the drive-alone and VMT goals. The CTR
program must include the mandatory elements as described below.
(a) CTR Program Description Requirements. The CTR program description presents the
strategies to the undertaken by an employer to achieve the commute trip reduction goals.
Employers are encouraged to consider innovative strategies and combine program elements in
a manner that will best suit their location, site characteristics, business type, and employees'
commuting needs. Employers are further encouraged to cooperate with each other and to form
or use transportation management organizations in developing and implementing CTR
programs. At a minimum, the employer's description must include:
(1) general description of the employment site location, transportations characteristics, and
surrounding services, including unique conditions experienced by the employer or its
employees;
(2) number of employees affected by the CTR program;
(3) documentation of compliance with the mandatory CTR program elements (as described in
subsection (b) of this section);
(4) description of the additional elements included in the CTR program (as described in
subsection (b) of this section) and
(5) schedules of implementation, assignment of responsibilities, and commitment to provide
appropriate resources.
(b2) Mandatory Program Elements. Each employer's CTR program shall include the following
mandatory elements:
(1) Transportation Coordinator. The employer shall designate a transportation coordinator to
administer the CTR program. The coordinator's and/or designee's name, location and telephone
number must be displayed prominently at each affected worksite. The coordinator shall
oversee all elements of the employer's CTR program and act as liaison between the employer
and the city. Newly designated ETCs shall attend a training class organized by the city within six
months of being designated an ETC. All designated ETCs shall attend annual ETC training and a
minimum of six (6) hours of other training or network meetings annually, or as organized by the
city. The objective is to have an effective transportation coordinator presence at each worksite;
a major employer with multiple sites may have one transportation coordinator for all sites.
(2) Information Distribution. Information about alternatives to drive-alone commuting shall be
provided to employees at least twice a year. Each employer's program description and annual
report must report the information to be distributed and the method of distribution.
(3) Annual Progress Report. The CTR program must include an annual review of employee
commuting and of progress and good faith efforts towards meeting the drive-alone reduction
goals. Major employers shall file an annual progress report with the city in accordance with the
format established by this chapter and consistent with the CTR task force guidelines. The report
shall describe each of the CTR measures that were in effect for the previous year, the results of
14
any commuter surveys undertaken during the year, and the number of employees participating
in the CTR programs. Within the report the employer should evaluate the effectiveness of the
CTR program and, if necessary, propose modifications to achieve the CTR goals.
(4) Biannual survey or measurement. In addition to the specific program baseline
measurement, employers shall conduct a program evaluation as a means of determining
worksite progress toward meeting CTR goals. As part of the program evaluation, the employer
shall distribute and collect Commute Trip Reduction Program Employee Questionnaires
(surveys) at least once every two years, and achieve a seventy percent response rate from
employees at the worksite.
(5) Additional Program Elements. In addition to the specific program elements described
above, the employer's CTR program shall include additional elements needed to meet CTR
goals. Elements may include, but are not limited to, one or more of the following:
(A) Provision of the preferential parking or reduced parking charges, or both, for high-
occupancy vehicles;
(B) Instituting or increasing parking charges for drive-alones:
(C) Provision of commuter ride matching service to facilitate employee ride-sharing for
commute trips;
(D) Provision of subsidies for transit fares;
(E) Provision of vans for vanpools;
(F) Provision of subsidies for carpools or vanpools;
(G) Permitting the use of the employers' vehicles for carpooling or vanpooling;
(H) Permitting the use of the employers' vehicles for carpooling or vanpooling;
(I) Cooperation with transportation providers to provide additional regular or express service
to the worksite;
(J) Construction of special loading and unloading facilities for transit, carpool, and vanpool
users;
(K) Provision of bicycle parking facilities, lockers, changing areas, and showers for employees
who bicycle or walk to work;
(L) Provision of a program of parking incentives such as a rebate for employees who do not use
the parking facilities;
(M) Establishment of a program to permit employees to work part-time or full-time at home
or at an alternative worksite closer to their homes;
(N) Establishment of a program of alternative work schedules, such as a compressed work
week which reduce commuting; and
(O) Implementation of other measures designed to facilitate the use of high-occupancy
vehicles, such as on-site day care facilities and emergency taxi services.
10.80.090 Recordkeeping.
Major employers shall include a list of the records they will keep as part of the CTR program
they submit to the city for approval. Employers will maintain all records listed in their CTR
program for a minimum of forty-eight months. The city and the employer shall agree on the
recordkeeping requirements as part of the accepted CTR program.
15
10.80.100 Schedule and process for CTR reports.
(a) Document Review. The city shall provide the employer with written notification if a CTR
program is deemed unacceptable. The notification must give cause for any rejection. If the
employer receives no written notification of extension of the review period for the CTR
program or comment on the CTR program or annual report within ninety days of submission,
the employer's program or annual report is deemed accepted. The city may extend the review
period up to ninety days. The implementation date for the employer's CTR program will be
extended an equivalent number of days.
(b) CTR Annual Progress Reports. Upon review of an employer's initial CTR program, the city
shall establish the employer's annual reporting date, which shall not be less than twelve
months from the day the program is submitted. Each year on the employer's reporting date,
the employer shall submit to the city its annual CTR report.
(c) Modification of CTR Program Elements. Any major employer may submit a request to the
city for the modification of CTR program elements, other than the mandatory elements
specified in this chapter, including recordkeeping requirements. Such requests may be granted
if one of the following conditions exist:
(1) The employer can demonstrate it would be unable to comply with the CTR program
elements for reasons beyond the control of the employer; or
(2) The employer can demonstrate that compliance with the program elements would
constitute an undue hardship. (d) Extensions. An employer may request additional time to
submit a CTR program or CTR annual progress report, or to implement or modify a program.
Such requests shall be via written notice at least thirty days before the due date for which the
extension is being requested. Extensions not to exceed ninety days shall be considered for
reasonable causes. The city shall grant or deny the employer's extension request in writing
within ten working days of its receipt of the extension request. If there is no response issued to
the employer, and extension is automatically granted for thirty days. Extensions shall not
exempt an employer from any responsibility in meeting program goals. Extensions granted due
to delays or difficulties with any program element(s) shall not be cause for discontinuing or
failing to implement other program elements. An employer's annual reporting date shall not be
adjusted permanently as a result of these extensions. An employer's annual reporting date may
be extended at the discretion of the city administrator or his or her designee.
(e) Implementation of Employer's CTR Program. Unless extensions are granted, the employer
shall implement its approved CTR program not more than ninety days after receiving written
notice from the city that the program has been approved or within the expiration of the
program review period without receiving notice from the city.
10.80.120 Enforcement.
(a) Compliance. For purposes of this section, compliance means fully implementing in good
faith all provisions in an accepted CTR program.
(b) Program Modification Criteria. The following criteria for achieving goals for VMT per
employee and proportion of drive-alone trips shall be applied in determining requirements for
employer CTR program modifications:
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(1) If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter,
and meets either or both goals, the employer has satisfied the objectives of the CTR plan and
will not be required to modify its CTR program;
(2) If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter,
but has not met or is not likely to meet the applicable drive-alone or VMT goal, the city shall
work collaboratively with the employer to make modifications to its CTR program. After
agreeing on modifications, the employer shall submit a revised CTR program description to the
city for approval within thirty days of reaching agreement.
(3) If an employer fails to make a good faith effort as defined in RCW 70.94.534(2) and this
chapter, and fails to meet the applicable drive-alone or VMT reduction goal, the city shall work
collaboratively with the employer to identify modifications to the CTR program and shall direct
the employer to revise its program within thirty days to incorporate the modifications. In
response to the recommended modifications, the employer shall submit a revised CTR program
description, including the requested modifications or equivalent measures, within thirty days of
receiving written notice to revise its program. The city shall review the revisions and notify the
employer of acceptance or rejection of the revised program. If a revised program is not
accepted, the city will send written notice to that effect to the employer within thirty days and,
if necessary, require the employer to attend a conference with program review staff for the
purpose of reaching a consensus on the required program. A final decision on the required
program will be issued in writing by the city within ten working days of the conference.
(c) Violations. The following constitute violations if the deadlines established in this chapter
are not met:
(1) Failure to perform a baseline measurement within ninety days of written notification from
the city that an employer qualifies as a major employer;
(2) Failure to develop and/or submit on time a complete CTR program;
(3) Failure to implement an approved CTR program, unless the program elements that are
carried out can be shown through quantifiable evidence to meet or exceed VMT and drive-
alone goals as specified in this chapter;
(4) Failure to make a good faith effort, as defined in RCW 70.94.534 and this chapter;
(5) Failure to revise a CTR program as defined in RCW 70.94.434(4) and this chapter;
(6) Submission of false or fraudulent data in response to survey requirements.
(d) Penalties.
(1) No major employer with an approved CTR program which has made a good faith effort may
be held liable for failure to reach the applicable drive-alone or VMT goal;
(2) Each day of failure to implement the program shall constitute a separate violation, subject
to penalties as described in RCW Chapter 7.80;
(3) A major employer shall not be liable for civil penalties if failure to implement an element of
CTR program was the result of inability to reach agreement with a certified collective bargaining
agent under applicable laws where the issue was raised by the employer and pursued in good
faith. Unionized employers shall be presumed to act in good faith compliance if they:
(A) Propose to a recognized union any provision of the employer's CTR program that is subject
to bargaining as defined by the National Labor Relations Act, and
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(B) Advise the union of the existence of the statute and the mandates of the CTR program
approved by the city and advise the union that the proposal being made is necessary for
compliance with state law (RCW 70.94.534).
10.80.130 Exemptions or goal modifications.
(a) Worksite Exemptions. A major employer may request the city to grant an exemption from
all CTR program requirements or penalties for a particular worksite. The employer must
demonstrate that it would experience undue hardship in complying with the requirements of
the ordinance as a result of the characteristics of its business, its work force, or its location(s).
An exemption may be granted if and only if the major employer demonstrates that it faces
extraordinary circumstance, such as bankruptcy, and is unable to implement any measures that
would reduce the proportion of drive-alone trips and VMT per employee. Exemptions may be
granted by the city during the annual program review process. The city shall review annually all
employers receiving exemptions and shall determine whether the exemption will be in effect
during the following program year.
(b) Employee Exemptions. Specific employees or groups of employees who are required to
drive alone to work as a condition of employment may be exempted from a work site’s CTR
program. Exemptions may also be granted for employees who work variable shifts throughout
the year and who do not rotate as a group to identical shifts. The city will use the criteria
identified in the CTR Board Guidelines to assess the validity of employee exemption requests.
The city shall review annually all employee exemption requests, and shall determine whether
the exemption will be in effect during the following program year. The city shall respond to
exemption requests within thirty days of the receipt of the request.
(c) Modification of CTR Program Goals. An employer may request a modification of CTR
program goals under the following conditions:
(1) Prior to implementation, a major employer may request from the city a modification of
program goals. Such requests shall be filed in writing at least sixty days prior to the date the
work site is required to submit its program description or annual report. The goal modification
request must clearly explain why the worksite is unable to achieve the applicable goal. The
worksite must also demonstrate that it has implemented all of the elements contained in its
approved CTR program. Requests for CTR program goal modifications will be considered if the
following conditions exist:
(A) The employer can demonstrate it would be unable to comply with the CTR program
elements for reasons beyond the control of the employer;
(B) The employer can demonstrate that compliance with the program elements would
constitute an undue hardship; or
(C) The employer can demonstrate a significant change in local service or the transportation
infrastructure that impacts the effectiveness of their adopted CTR program, or will increase the
effectiveness of other program elements.
(2) The city will review and grant or deny requests for goal modification in accordance with
procedures and criteria identified in the CTR Board Guidelines. An employer may not request a
modification of the applicable goals until one year after the city’s approval of its initial program
description or annual report. The city shall respond to requests for goal modifications within
thirty days of the receipt of the request.
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10.80.140 Appeals.
Any major employer may appeal administrative decisions regarding exemptions, modification
of goals, modification of CTR program elements, and determinations regarding violations. The
appeal must be filed with the city clerk not later than ten days following the date of the
administrative decision. The appeal must be in writing and state in a clear and concise manner
the specific exceptions and objections to the administrative decision. At the time of filing the
appeal, a fee in the amount of one hundred dollars must be paid to the city. Appeals shall be
heard by a hearing examiner appointed by the city. Substantial weight shall be given to the
administrative decision and the burden of establishing error shall be upon the appealing party.
In reviewing the appeal, the hearing examiner shall determine whether the administrative
decision is consistent with the provisions of this chapter, including the city CTR plan. The
hearing examiner shall have authority to affirm, modify, reverse or remand the administrative
decision or to grant other appropriate relief. The decision of the hearing examiner shall
constitute a final decision appealable to the city council.
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Chapter 10.84 REVISIONS--GENERAL
Sections:
10.84.010 Repeal.
10.84.020 Model Traffic Ordinance adopted.
10.84.030 Deletions.
10.84.040 Amendments.
10.84.050 Speed limits.
10.84.060 Impoundment of vehicles driven by suspended/revoked drivers.
10.84.070 Holding vehicles impounded.
10.84.080 Redemption of impounded vehicles.
10.84.090 Contesting impoundment or towing and storage charges.
10.84.100 Application to airport.
10.84.110 Skateboards--Riding on sidewalk.
10.84.120 Definitions.
10.84.130 Duty to obey traffic-control devices and rules of the road.
10.84.140 Unsafe use prohibited.
10.84.150 Prohibited areas and times.
10.84.160 Requirements for operating motorized foot scooters.
10.84.170 Violation--Penalty.
10.84.180 Forfeiture of a bicycle, skate(s) or motorized foot scooter.
10.84.010 Repeal.
The following chapters or sections of the Arlington Municipal Code are hereby repealed as of
the effective date of the ordinance codified in this chapter:
Chapter 10.04
Chapter 10.08
Chapter 10.12
Chapter 10.16
Chapter 10.20
Chapter 10.24
Chapter 10.28
Chapter 10.32
Chapter 10.36
Chapter 10.40
Chapter 10.44
Chapter 10.48
Section 10.54.050
Chapter 10.58
Chapter 10.60
Chapter 10.64
Chapter 10.68
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Chapter 10.69
Chapter 10.72.
(Ord. 1288 §1, 2002).
10.84.020 Model Traffic Ordinance adopted.
The "Washington Model Traffic Ordinance," Chapter 308-330 of the Washington Administrative
Code, hereinafter referred to as the "MTO" is adopted by reference as if fully set forth, except
as provided by other sections of this chapter, as the traffic ordinance for the city of Arlington.
(Ord. 1288 §1, 2002).
10.84.030 Deletions.
The following sections of the MTO are not adopted by reference and are expressly deleted:
WAC 308-330-210, 308-330-215, 308-330-225, 308-330-230, 308-330-235, 308-330-240, 308-
330-245, 308-330-250, 308-330-255 and 308-330-500 through 308-330-540.
(Ord. 1288 §1, 2002).
10.84.040 Amendments.
(a) MTO Section 308-330-275 is amended to delete a representative of the city attorney's
office as a member of the traffic safety commission.
(b) MTO Section 308-330-100 is amended to delete the definition of "highway" set out therein
and to substitute in its place the following definition of "highway":
For the purposes of this title, "highway" means the entire width between the boundary lines of
every way, lane, road, street, boulevard, parking lot and every location or place in the city
whether publicly or privately maintained, when any part is open at any time to the use of the
public for vehicular travel.
(Ord. 1288 §1, 2002).
10.84.050 Speed limits.
The adoption of the MTO will not be deemed to affect speed limits established by prior
ordinances.
(Ord. 1288 §1, 2002).
10.84.060 Impoundment of vehicles driven by suspended/revoked drivers.
Pursuant to the authority of RCW 46.55.113, whenever the driver of a vehicle is arrested for
violation of RCW 46.20.342 (Driving while license suspended or revoked (DWLS/DWLR)) or
46.20.420 (Operation of vehicle under other license or permit prohibited while license
suspended or revoked) the vehicle is subject to impoundment at the business location of a
registered tow truck operator at the direction of the city police chief or one of his officers.
(Ord. 1288 §1, 2002).
10.84.070 Holding vehicles impounded.
(a) DWLS/DWLR First Degree or Second Degree. When a vehicle is impounded because the
operator is in violation of RCW 46.20.342(1)(a) or (b) (DWLS/DWLR First or Second Degree), the
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vehicle will be held, at the written direction of the city police chief or one of his officers, in
impound before it may be redeemed for:
Seventy-two hours when the Department of Licensing's records show that the operator has no
prior conviction of RCW 46.20.342(1)(a) or (b) or a similar local ordinance within the past five
years; Ten days when the Department of Licensing's records show that the operator has been
convicted once of RCW 46.20.342(1)(a) or (b) or a similar local ordinance within the past five
years; and
Thirty days when the Department of Licensing's records show that the operator has been
convicted two or more times of RCW 46.20.342(1)(a) or (b) or a similar local ordinance within
the past five years.
(b) DWLS/DWLR Third Degree. When a vehicle is impounded because the operator is in
violation of RCW 46.20.342(1)(c) (DWLS/DWLR Third Degree), the vehicle will be held, at the
written direction of the city police chief or one of his officers, in impound before it may be
redeemed, as follows:
The city will issue an immediate written order of release of the vehicle from impound upon
compliance with the provisions of Section 10.84.080(1) and (2) when the Department of
Licensing's records show that the operator has no prior convictions of RCW 46.20.342(1)(a), (b),
or (c) or a similar local ordinance within the past five years; and
Seventy-two hours when the Department of Licensing's records show that the operator has one
or more convictions of RCW 46.20.342(1)(a), (b) or (c) or a similar local ordinance within the
past five years.
(c) Hardship Release. The city police chief or one of his officers may issue a written order to
release the vehicle from impound before the expiration of the impound period on the basis of
economic or personal hardship to the spouse of the operator, taking into consideration public
safety factors, including the operator's criminal history and driving record.
(Ord. 1288 §1, 2002).
10.84.080 Redemption of impounded vehicles.
Vehicles impounded pursuant to Section 10.84.060 may be redeemed, after being held for the
requisite number of days in impound under Section 10.84.070, upon the following conditions:
(1) The person redeeming the vehicle is an eligible person to redeem the vehicle under RCW
46.55.120(1)(a) and pays all towing, removal, and storage fees in commercially reasonable
tender as provided in RCW 46.55.120(1)(b); and
(2) When the vehicle was impounded because the operator was in violation of RCW 46.20.342
and the operator is the registered owner, such registered owner establishes with the city that
all penalties, fines, or forfeitures owed by him or her for traffic violations have been paid in full;
and
(3) Issuance of a written order from the city police chief or one of his officers directing release
of the impounded vehicle.
(Ord. 1288 §1, 2002).
10.84.090 Contesting impoundment or towing and storage charges.
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(a) Any person seeking to redeem a vehicle impounded under this chapter has a right pursuant
to the provisions of RCW 46.55.120(2)(b) to a hearing in the Arlington municipal court to
contest the validity of the impoundment or the amount of the towing and storage charges.
(b) The city police chief or one of his officers will appear and represent the city at the
impoundment validity hearing in the municipal court. The prosecuting attorney is not required
to represent the city at the hearing.
(Ord. 1288 §1, 2002).
10.84.100 Application to airport.
The provisions of this title will apply to all streets and roads located on the Arlington municipal
airport, except where more stringent regulations have been adopted by ordinance or by
regulation adopted by the Arlington airport commission, in which case the more stringent
regulations will apply.
(Ord. 1288 §1, 2002).
10.84.110 Skateboards--Riding on sidewalk.
(a) It is unlawful for any person to operate a skateboard, scooter, coaster, or similar device
either upon a public sidewalk or in any public place except the Centennial Trail within the
Central Business District zone as designated by the Unified Development Code.
(b) Any person riding a skateboard, scooter, coaster or similar device upon a public sidewalk
will yield the right-of-way to any pedestrian.
(c) Violation of any provision of this section is a traffic infraction.
(Ord. 1288 §1, 2002).
10.84.120 Definitions.
For purposes of Sections 10.84.110 through 10.84.180 of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them in this section:
"Helmet" means a protective covering for the head consisting of a hard outer shell, padding
adjacent to and inside the outer shell, and a neck or chin strap type retention system, with a
label required by the Federal Consumer Products Safety Commission as adopted by the Code of
Federal Regulations 16CFR1203.
"In-line skates" has its ordinary meaning and means a pair of shoes or boots, mounted upon
three or more sets of wheels located one behind the other under the attached shoe or boot,
and is most often propelled by the user in an upright, standing position. "Motorized wheeled
transportation device" means any device which has no more than two wheels, is propelled by
an electric or liquid fuel motor, and is intended to transport a person on or across land. A
motorized wheeled transportation device shall include, but shall not be limited to, a "motorized
foot scooter" as that term is defined in Section 46.04.336 of the Revised Code of Washington
("RCW"), and any electric or gas powered scooter, power board, motor powered skateboard,
miniature motorcycle, pocket bike, or miniature chopper, regardless of the manner in which the
device is designed; provided, that a motorized wheeled transportation device shall not include
any of the following as defined in the referenced RCW:
(1) Electric-assisted bicycle - RCW 46.04.169;
(2) Electric personal assistive mobility device - RCW 46.04.1695;
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(3) Moped - RCW 46.04.304;
(4) Motorcycle - RCW 46.04.330;
(5) Motor-driven cycle - RCW 46.04.332;
(6) Power wheelchair - RCW 46.04.415;
(7) Wheelchair conveyance - RCW 46.04.710.
"Roller skates" has its ordinary meaning and means a pair of shoes, mounted upon two sets of
wheels, and is most often propelled by the user in an upright, standing position or kneeling.
"Scooters" has its ordinary meaning and means a footboard mounted upon two or more wheels
and controlled by an upright steering handle. This device is propelled by the user in usually an
upright position.
"Skateboard" has its ordinary meaning and means a footboard mounted upon four or more
wheels and is usually propelled by the user who sometimes stands, sits, kneels or lies upon the
device while it is in motion.
"To operate in a negligent manner" means the operation of one or more of the above-
described devices in such a manner as to endanger or likely to endanger any person or
property. Examples of operating in a negligent manner include, but are not limited to, failure to
obey all traffic-control devices, or failure to yield right-of-way to pedestrians and/or vehicular
traffic, or any other operation which would constitute a violation of the rules of the road,
Chapter 46.61 RCW, if said operation had been made in a motor vehicle.
(Ord. 1347 §1, 2004: Ord. 1324 §2, 2004).
10.84.130 Duty to obey traffic-control devices and rules of the road.
Any person operating a skateboard, roller skates, scooter, bicycle, in-line skates, motorized foot
scooter, or similar device shall obey all rules of the road applicable to vehicular or pedestrian
traffic, as well as the instructions of official traffic-control signals, signs and other control
devices applicable to vehicles, unless otherwise directed by a police officer.
(Ord. 1324 §3, 2004).
10.84.140 Unsafe use prohibited.
No skateboard, roller skates, coaster, in-line skates, motorized foot scooter, or similar device
shall be operated in a negligent or unsafe manner but shall be operated with reasonable regard
for the safety of the operator and other persons.
(Ord. 1324 §4, 2004).
10.84.150 Prohibited areas and times.
(a) Motorized foot scooters may not be operated on sidewalks within the city limits, on any
city street with a posted maximum speed limit greater than twenty-five miles per hour unless
there is a designated bicycle lane, in all city parks, in any area posted as an environmentally
sensitive area, or on any public trail or any city-owned property that is posted with a sign
reading "No Motorized Vehicles."
(b) Motorized foot scooters may not be operated except during daylight hours, but in no event
later than seven p.m.
(c) Exceptions. This section shall not apply to any disabled person using a wheelchair
conveyance as defined in RCW 46.04.710.
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(Ord. 1324 §5, 2004).
10.84.160 Requirements for operating motorized foot scooters.
(a) Minimum Age. No motorized foot scooter shall be operated on streets or other city-owned
property unless the operator is at least sixteen years of age.
(b) Equipment. The following equipment shall be required whenever a motorized foot scooter
is operated on streets or other public property within the city:
(1) Helmet Required. Any person operating a motorized foot scooter upon any city-owned
property or public street in the city of Arlington shall wear an approved helmet and shall have
either the neck or chin strap of the helmet fastened securely while the motorized foot scooter
is in motion.
(2) Motorized foot scooters must have an engine/motor kill switch that activates when
released or when the brakes are applied.
(3) The handlebars of a motorized foot scooter must be at or below the level of the operator's
shoulders.
(c) Prohibited Equipment Modifications. No person shall operate at any time on streets or
other city-owned property a motorized foot scooter which has been modified by installing a
high performance exhaust filter and carburetion kit or any modification of the air inflow system
for the purpose of or having the result of increasing the maximum speed of the motorized foot
scooter.
(d) No person shall transport another person on or in tow of a motorized foot scooter upon
any city-owned property or public street in the jurisdiction of the city of Arlington.
(e) The operator may not make a left turn at an intersection. The operator must stop and
dismount at the right hand side of the roadway or curb and then complete the turn by crossing
the roadway on foot.
(f) The operator may not park the motorized scooter on the sidewalk if it blocks the path of
the sidewalk.
(g) The operator may not attach himself or herself or the scooter to any other vehicle in the
roadway.
(Ord. 1324 §6, 2004).
10.84.170 Violation--Penalty.
(a) Any person violating any provision of this chapter shall be guilty of a traffic infraction and
shall be punished by the imposition of a monetary penalty of not more than one hundred
dollars, exclusive of other statutory assessments, provided, conduct that constitutes a criminal
traffic charge is subject to the maximum penalties allowed for such offenses.
(b) Alternative Penalty for Minor Children. In lieu of the penalty described above, any
Arlington police officer may, in their discretion, utilize the following penalty provision for
violations by minor children. For purposes of this section, the city council of the city of Arlington
hereby finds that there is a compelling governmental interest in imposing the following
discretionary penalty section for minor children, in order to encourage parental intervention
and responsibility for the violations of this chapter. The city further finds that impoundment is
more likely to prevent repeat offenses by minors than the imposition of monetary penalties.
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(1) 1st offense: On the child's first offense in a three hundred sixty-five day period, the city
shall issue a written notice of violation and the investigating officer may take custody of the
bicycle, motorized foot scooter or skate(s) and hold the same for safekeeping until the child's
parent or guardian claims the bicycle motorized foot scooter or skate(s).
(2) 2nd and subsequent offense(s): On the child's second offense in a three hundred sixty-five
day period, the city shall include a civil fine, not to exceed one hundred dollars. The arresting
officer may take custody of the bicycle, skate(s) or motorized foot scooter and hold for
safekeeping for thirty days.
(c) An officer or their superior may waive any of these penalties for a minor offender if the
offender and their parent agree to participate in the Arlington Student Court Program and
abide by the program's conditions.
(Ord. 1324 §7, 2004).
10.84.180 Forfeiture of a bicycle, skate(s) or motorized foot scooter.
As authorized by Washington Administrative Code Section 308-330-565 and RCW Chapter
63.32, impounded bicycles, skates or motorized foot scooter may be forfeited to the police
department if unclaimed within sixty days of the impound.
(Ord. 1324 §8, 2004).
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