[HISTORY: Adopted by the City Council of the City of Roseville 2-28-1984
by Ord. No. 895 as Ch. 211 of the 1984 Code. Amendments noted
where applicable.]
Whenever used in this chapter, the following terms shall have the meanings
indicated:
A building, shed or enclosure, or any portion thereof, in which more
than five motor vehicles may be parked, stored, housed or kept, for which
any charge is made.
Any automobile, truck, motor scooter or other self-propelled vehicle
not operated on tracks or from trolleys.
Any outdoor space or uncovered plot, place, lot, parcel, yard or
enclosure, or any portion thereof, where more than five motor vehicles may
be parked, stored, housed or kept.
Includes any person, firm, partnership, association, corporation,
company or organization of any kind.
It shall be unlawful for any person to conduct a business of storing
motor vehicles on a parking lot or garage or to operate a parking lot in conjunction
with a commercial enterprise within the city, without first having obtained
a license therefor in the manner hereinafter set forth.
Applications for licenses required by this chapter shall be made upon
forms provided by the Roseville Police Department, shall be signed and verified
under oath by the applicant if an individual and by a duly authorized agent
if a partnership or corporation and shall set forth the following:
A.
If a person, the name and address of the applicant.
B.
If a partnership, the name, residence and business address
of each partner.
C.
If a corporation, the name, date and state under whose
laws such corporation was organized and, if a foreign corporation, the names
of the principal officers, directors and local representatives, their residences
and business addresses and whether authorized to do business in the state.
D.
A plot or drawing of said parking lot or garage, showing
the location and size of entrance and exit, kind of floor or ground surface,
location, size and construction of attendant's station and wall or barriers
surrounding said premises.
E.
The hours for storage or parking of said vehicles and
whether night storage is to be maintained upon the licensed premises.
F.
The hours during which parking attendants will be on
duty.
G.
A complete schedule of the rates to be charged for storing
or parking of vehicles.
H.
Such other information as the Police Department may deem
necessary for the issuance of said licenses.
The license fee for the operation of a parking lot shall be as provided for in Chapter 133, Fees.
A.
Every person owning or operating a parking lot or garage
shall file with the Roseville Police Department the name and address of each
employee employed at such parking lot or garage and shall obtain from the
Police Department a card showing the name and address of each employee and
the name and address of the operator of such parking lot or garage at which
he or she is employed. Such card shall be carried by the employee at all times
that he or she is on the premises and shall be exhibited at any time on demand.
If, after an investigation by the Police Department, the City Council
shall be reasonably satisfied that the applicant has a good reputation and
that the statements set forth in the application are correct and if the proper
fee shall have been paid, the Police Department shall issue to the applicant
a license for a parking lot or garage, which license shall continue in full
force and effect until the first day of January following the issuance of
the license or until revoked by the City Council. The Police Department shall
keep a record of all applications and licenses issued.
No license issued under this chapter shall be transferred or assigned
or used by any person other than the one to whom it is issued or at any location
other than the one for which it is issued.
The City Council may revoke any parking lot or garage license if, upon
a hearing and investigation after at least 10 days' written notice of
the time and place of such hearing, the City Council finds that the licensee:
A.
Has knowingly made any false or materially incorrect
statement in the application.
B.
Knowingly violates or knowingly permits or countenances
the violation of any provisions of this chapter.
C.
Has made any charge for parking or storing a vehicle
other than those set forth in the license application.
D.
Knowingly violates or knowingly permits or countenances
the violation of any provision of any penal law or ordinance regarding theft,
larceny or conversion of a motor vehicle or the operation of a motor vehicle
without the owner's consent, whether such licensee or other person has
been convicted of such offense or not.
E.
The licensee fails to keep an attendant on duty during
the times specified on the application.
Every licensee shall file with the Police Department, at the time of
application for license, a complete schedule of rates and charges to be made
for storing or parking motor vehicles on the premises to be licensed.
No licensee shall make any charge for storing or parking any vehicle
in a parking lot or garage in excess of that set forth in the application
for a license unless and until the licensee has:
A.
Rates; business hours. Each licensee shall maintain at
each entrance to such parking lot or garage a permanently affixed sign suitable
to apprise persons using same of the name of the licensee, the hours of the
day or night when such places are open for parking or storing motor vehicles,
the rates charged and the closing hours of such parking lot or garage. Where
more than one rate is charged for parking, the figures for each rate shall
be of the same size and dimensions and such figures shall measure not less
than six inches in height and the letters and figures indicating the closing
hours shall be not less than six inches in height. All such signs shall be
subject to the approval of the Building Director or his or her authorized
representative.
B.
Day and night rates. Where separate rates or charges
are made for day parking and night parking, the night rate shall become effective
at 6:30 p.m., and notice thereof shall be posted on the signs described in
the preceding subsection.
C.
Height above sidewalk. All signs shall be erected at
a height not less than eight feet and not more than 12 feet above the sidewalk
level and shall not be erected in such a manner as to interfere with, mislead
or confuse traffic.
No licensee shall refuse to park or store any vehicle for which there
shall be accommodation in such parking lot or garage on tender of the stated
fee for such parking.
A.
When a vehicle is left for storing or parking, where
a charge is made, the licensee of the parking lot or garage, his or her agent,
servant or employee shall furnish the owner or operator of said vehicle with
a distinctive claim check which shall have printed thereon the full name and
address of the parking lot or garage and a number corresponding to a coupon
placed upon the vehicle and shall have written or stamped thereon the date
and license number of the motor vehicle. The licensee shall not deliver any
vehicle without the proper claim check being presented or without satisfactory
proof of ownership of said vehicle.
B.
This provision shall not apply where vehicles are stored
or parked on a weekly or monthly fee basis.
C.
It shall be unlawful to affix any parking coupon upon
any vehicle so as to obliterate in whole or in part any portion of the license
plates on such vehicle.
A.
Every application for a license hereunder shall be accompanied
by a bond, approved as to form by the City Attorney, executed by a bonding
or surety company authorized to do business in the state, in the penal sum
of $5,000, conditioned upon the payment by the licensee of any and all final
judgments for damages resulting to persons or property, including the theft
of any motor vehicle or any part or accessory thereof, arising out of the
operation or maintenance of any parking lot or garage.
B.
Such bond shall run to the city for the benefit of any
person who may receive injuries and for the benefit of any person, as defined
in this chapter, who may claim redress for property damage or theft resulting
from the operation or maintenance of such parking lot or garage. Such bond
shall remain in full force and effect for the full period of time for which
the license is effective.
C.
A liability insurance policy issued by an insurance company
authorized to do business in the state, conforming to the requirements of
this section, may be permitted in lieu of a bond; provided, however, that
where no charge is made, the City Council may waive the filing of said bond.
Each parking lot or garage shall have one common entrance and one common
exit, which may or may not be combined, and the operator of such parking lot
or garage shall keep such entrance properly attended at all times during the
period the parking lot or garage is in operation.
Except for places of entrance and exit, every parking lot shall be completely
enclosed by barriers constructed and maintained so as to withstand the shocks
and stresses to which they will normally be subjected by vehicles using the
premises and shall be of such height as to engage the bumper of any motor
vehicle parked on said lot so that no portion of the vehicles shall extend
over the property lines. When said lot abuts on a building, barriers shall
be erected as provided in this section to prevent motor vehicles from striking
such building.
A.
Sidewalks. Every operator of a parking lot or garage
shall keep the sidewalk surrounding the premises free from dirt, ice, sleet
and snow and shall keep the sidewalk and driveways in a safe condition for
the travel of pedestrians.
B.
Ground or floor space. The ground or floor space of each
parking lot or garage shall be macadam, cement or any like hard-top substance,
with dust-free surface.
D.
Loading or unloading of vehicles. The loading or unloading
of passengers or drivers of vehicles across or upon a public sidewalk is hereby
expressly prohibited, and any operator or employee who, by receiving or delivering
vehicles other than within the property line of the parking lot or garage,
aids or assists in blocking any sidewalk or street shall be deemed to have
violated the provisions of this chapter.
E.
Vendors prohibited. No licensee shall sublet, sublease
or otherwise permit any parking lot or garage or portion thereof to be used
by any vendor of goods, wares or merchandise or services for the conduct of
such vendor's business unless the same is conducted in a permanent building
or structure licensed by the city for that purpose.
Every licensee shall immediately notify the Police Department of every
claim made by reason of loss, theft or conversion or any damage or injury
to person or property from the operation of a parking lot or garage and occurring
during the hours said premises are regularly open for business. The obligation
created by this section shall not extend beyond the regular posted hours of
attendance as posted upon the premises and printed upon the regular receipt
furnished to the owner or person parking said vehicle.
Every licensee shall immediately notify the Police Department, in writing,
of the license number, make and the name of the owner, if known, of every
vehicle left in a parking lot or garage for a period of more than 48 consecutive
hours.
It shall be unlawful for any licensee of a parking lot or garage to
make or permit any use for any purpose whatsoever of any vehicle parked in
such place, unless the use shall have first been expressly authorized by the
owner or person having control of such vehicle. No licensee shall transfer
or cause to be moved or transferred any parked vehicle through or upon the
streets or alleys of the city without the written consent of the owner or
person having control of such vehicle.
When vehicles are not called for at closing time, the attendant shall
leave the keys and parking coupon for safekeeping at a place within a reasonable
distance of the parking lot or garage, with a responsible person whose name
and address shall be posted in a conspicuous place on said premises.
Every parking lot or garage shall be equipped with proper fire extinguishing
apparatus subject to the approval of the Fire Department, and all vehicles
shall be so parked or stored that they may be reached readily in case of fire
or other emergency.
All parking lots and garages licensed after the effective date of this
chapter shall comply with all the terms and provisions of this chapter.
