CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to music venue zones and their use; establishing rules for parking and loading at music venue zones; and adding new Sections 11.14.376, 11.23.425, and 11.72.255 to, and amending Sections 11.23.120, 11.23.440, 11.30.040, and 11.31.121 of, the Seattle Municipal Code.
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WHEREAS, live music is at the core of every great American city, offering opportunities for musicians to hone their craft and for audiences to learn about, listen to, and appreciate various forms of music; and
WHEREAS, the City of Seattle is one of the most dynamic music cities in the world, having been home to numerous music icons, and having enjoyed a rich history that continues to innovate and inspire many; and
WHEREAS, Seattle is acknowledged as a distinctive center for music, where a spirit of innovation continually renews a thriving music scene, and audiences who appreciate the talent of diverse musicians of all ages and music genres provide the foundation for this city's vibrant music culture; and
WHEREAS, Seattle's music industry contributes to a healthy community and economy by directly creating jobs, and by supporting a wide variety of businesses that generate annual earnings, and sales and business and occupation tax revenues; and
WHEREAS, there is an untapped potential to enhance music even more as an economic, educational, and recreational force in meeting our residents' and visitors' creative needs; and
WHEREAS, a city rich with music venues of various sizes that support a wide variety of musicians offers residents and visitors increased opportunities to experience the power and pleasure of live music; and
WHEREAS, these music venues enrich our community and serve as catalysts for economic development; and
WHEREAS, the vitality and the culture of Seattle are greatly enhanced by our ability to attract and keep local live music venues and support performing musicians; and
WHEREAS, in 2010, the Council established the Seattle Music Commission through Resolution 31173 and adopted the City of Music Vision Statement which has been carried out by the Seattle Music Commission since that time; and
WHEREAS, in 2014, the Seattle Department of Transportation (SDOT) piloted advisory Musician Priority Load Zones to make it easier for musician load-in and load-out to occur at music venues in Seattle, and since that time SDOT and the Seattle Music Commission have identified the need to expand and improve upon that pilot program; and
WHEREAS, musicians and their crews need to be able to load and unload their equipment and park near music venues in order to perform live music; and
WHEREAS, music venue load zones, along with other pro-music policies, will help create a healthy business environment, leverage Seattle's competitive advantage in the music industry, and bolster economic development throughout the city; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. A new Section 11.14.376 is added to the Seattle Municipal Code as follows:
11.14.376 Music venue
A. “Music venue” means a premises or location that hosts or presents live music and charges a fee for admission on at least two separate days per week on a regular schedule at the premises or location. For purposes of this Section 11.14.376, “live music” means an active performance of music by an individual (or individuals) who, at the time of and during the performance, creates music or engages in an audible form of artistic expression, other than, or in addition to, any pre-recorded music, for an audience through the use or manipulation of voice, instruments, or electronic or computerized equipment or formats.
B. “Music venue zone” means a portion of the roadway along the curb designated by a sign or other traffic control devices that is reserved for the exclusive use of parking, loading, or unloading of vehicles authorized for such use by a valid music venue zone permit.
C. “Music venue zone permit” means a permit issued by the Seattle Department of Transportation to music venues that allows vehicles to use the parking privileges authorized through the music venue zone permit as described in Section 11.23.425 with the intent to provide parking, loading, and unloading for musicians and supporting crews who are associated with live music events.
Section 2. Section 11.23.120 of the Seattle Municipal Code, last amended by Ordinance 125983, is amended as follows:
11.23.120 Truck and parking permit fees
The fees to be collected by the Seattle Department of Transportation for trucking and parking permits are as follows:
|
Type of Permit |
Fee |
|
Commercial Vehicle Load Zone: |
$250 per permit (annual) |
|
Music Venue Zone |
$250 per permit |
|
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Section 3. A new Section 11.23.425 is added to the Seattle Municipal Code as follows:
11.23.425 Music venue zone permit requirements and fees
The Director of Transportation or designee is authorized to administer a specific program to apply for and receive music venue zone permits and collect fees.
A. Music venue zone permits shall only be issued to music venues that possess a valid City of Seattle business license.
B. An applicant may obtain up to one nontransferable permit that may be used in up to three designated music venue zones.
C. Music venue zones shall be appropriately signed and/or marked.
D. Music venue zone permits shall only be used in designated music venue zones.
E. Each vehicle in a music venue zone permitted by the Seattle Department of Transportation (SDOT) shall display a valid permit or other identification issued by the Seattle Department of Transportation as part of the music venue zone permit program, in a manner determined by SDOT.
F. The sale, transfer, or purchase of a music venue zone permit is prohibited.
G. Music venue zone permits shall be valid for one year. The Director of Transportation shall collect a fee for each permit issued to an applicant, to be deposited in the Transportation Fund.
H. All music venue zone permits shall be of a temporary nature, shall vest no permanent right, and may in any case be revoked upon 30 calendar days' notice, or without notice if the Director determines that continuing to permit music venue zone locations is a safety risk.
Section 4. Section 11.23.440 of the Seattle Municipal Code, last amended by Ordinance 126732, is amended as follows:
11.23.440 Parking privileges
No person shall be granted a franchise, special privilege, or permit to the exclusion of any other person for parking vehicles on any roadway, except for the following uses:
A. Zones may be granted for music venues, taxicabs, official career consul vehicles, moving or loading, disabled persons, curb space parking including no parking zones, service parking, carpool parking, car share parking, food vehicles, vending units, or similar uses, or for any restricted parking zone program that may be developed. Establishment of a zone does not constitute a grant of franchise.
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Section 5. Section 11.30.040 of the Seattle Municipal Code, last amended by Ordinance 126517, is amended as follows:
11.30.040 When a vehicle may be impounded without prior notice
A. A vehicle may be impounded with or without citation and without giving prior notice to its owner as required in Section 11.30.060 only under the following circumstances:
1. When the vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic.
2. When the vehicle is illegally occupying a music venue zone, truck, commercial load zone, restricted parking zone, bus, loading, hooded-meter, taxi, street construction or maintenance, or other similar zone where, by order of the Director of Transportation or Chiefs of Police or Fire or their designees, parking is limited to designated classes of vehicles or is prohibited during certain hours, on designated days or at all times, if the zone has been established with signage for at least 24 hours giving notice that a vehicle will be removed if illegally parked in the zone and where such vehicle is interfering with the proper and intended use of such zones.
3. When a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person as defined under chapter 46.16A RCW, as now or hereafter amended, is parked in a stall or space clearly and conspicuously marked as provided in subsection 11.72.065.A, as now or hereafter amended, whether the space is provided on private property without charge or on public property.
4. When the vehicle poses an immediate danger to the public safety.
5. When a police officer has probable cause to believe that the vehicle is stolen.
6. When a police officer has probable cause to believe that the vehicle constitutes evidence of a crime or contains evidence of a crime, if impoundment is reasonably necessary in such instance to obtain or preserve such evidence.
7. When a vehicle is parked in a public right-of-way or on other publicly owned or controlled property and there are four or more parking infractions issued against the vehicle for each of which a person has failed to respond, failed to appear at a requested hearing, or failed to pay a parking infraction for at least 45 days from the date of the filing of the notice of infraction.
8. When the vehicle is a "junk motor vehicle" as defined in Section 11.14.268, and is parked on a street, alley, or way open to the public, or on municipal or other public property.
9. When the vehicle is impounded pursuant to subsection 11.30.105.A, but if the vehicle is a commercial vehicle and the driver is not the registered owner of the vehicle, then the police officer shall attempt in a reasonable and timely manner to contact the registered owner before impounding the vehicle and may release the vehicle to the registered owner if the registered owner is reasonably available, was not in the vehicle at the time it was stopped and the driver arrested, and has not received a prior release under this subsection 11.30.040.A.9 or subsection 11.30.120.C.2.
10. When a vehicle with an expired registration of more than 45 days is parked on a public street.
11. When the vehicle is impounded pursuant to Section 12A.10.115 or RCW 9A.88.140.
12. When the vehicle is impounded pursuant to RCW 46.55.360.
13. When the vehicle is impounded pursuant to subsection 18.12.235.B.
14. Upon determining that a person restricted to use of only a motor vehicle equipped with a functioning ignition interlock device is operating a motor vehicle that is not equipped with such a device in violation of subsection 11.56.350.A.
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Section 5. Section 11.31.121 of the Seattle Municipal Code, last amended by Ordinance 126892, is amended as follows:
11.31.121 Monetary penalties-Parking infractions
The base monetary penalty for violation of each of the numbered provisions of the Seattle Municipal Code listed in the following table is as shown, unless and until the penalty shown below for a particular parking infraction is modified by Local Rule of the Seattle Municipal Court adopted pursuant to the Infraction Rules for Courts of Limited Jurisdiction (“IRLJ”) or successor rules to the IRLJ:
|
Municipal Code Reference |
Parking infraction short description |
Base penalty amount |
|
* * * |
|
11.72.250 |
PARK, MUNICIPAL PROPERTY |
$44 |
|
11.72.255 |
MUSIC VENUE ZONE |
$47 |
Section 6. A new Section 11.72.255 is added to the Seattle Municipal Code as follows:
11.72.255 Music venue zone
No person shall stop, stand, or park a vehicle other than a vehicle displaying a valid music venue zone permit in a music venue zone. It is a violation of this Section 11.72.255 if:
A. The music venue zone permit is in an improper location within a vehicle. The music venue zone permit must be displayed in accordance with conditions of use;
B. The music venue zone permit is being used improperly;
C. The music venue zone permit is used for stopping, standing, or parking in areas or zones not designated as music venue zones; or
D. A music venue zone permit issued by the City is sold, transferred, or purchased and subsequently used in a music venue zone.
Section 7. The Council directs the Seattle Department of Transportation to engage adjoining property owners and businesses when implementing Music Venue Zones in order to understand and balance other local curb use and access needs.
Section 8. This ordinance shall take effect as provided by Seattle Municipal Code Sections 1.04.020 and 1.04.070.
Passed by the City Council the ________ day of _________________________, 2024, and signed by me in open session in authentication of its passage this ________ day of _________________________, 2024.
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President ____________ of the City Council
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Approved / |
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returned unsigned / |
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vetoed this _____ day of _________________, 2024. |
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Bruce A. Harrell, Mayor
Filed by me this ________ day of _________________________, 2024.
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Scheereen Dedman, City Clerk
(Seal)