[Added 5-6-1993; amended 4-5-2001]
A.
Authority. In accordance with the authority granted
by Chapter 63 of the Acts of 1992, and all other enabling authority,
the City Council may establish one or more parking districts within
the City in which parking on public ways shall be restricted to residents
of said district and other permit holders.
B.
Purpose. The purpose of neighborhood permit parking
shall be to meet the parking needs of residents. Neighborhood Permit
Parking Districts may be created in areas of high population concentration
where the proximity of commercial, public, educational, religious,
or health care facilities makes the parking of vehicles by parties
other than residents common. Neighborhood permit parking will be used
only when other measures for controlling difficulties caused by parked
cars are not feasible. After meeting the needs of residents, additional
permits may be issued, in order of priority, to visitors of qualified
residents and to nonresidents to allow for a reasonable concentration
of parking in a district.
C.
Initiation of consideration for the establishment
of a district. Consideration of a district for the Neighborhood Permit
Program may be initiated by the Police Department, the Parking Division,
the Department of Public Works, or by a petition from at least 25
residents of the district or 25% of the residents of the district,
whichever is fewer. The Parking Division will then conduct a study
of the need for and feasibility of neighborhood permit parking for
the district.
D.
Location and minimum area. Neighborhood Permit Parking
Districts shall be located on public ways in residential areas and
shall normally affect a minimum of three block faces or 50 parking
spaces, except in extenuating circumstances such as dead-end streets.
Width and grade of streets and concentration of multi-unit buildings
shall be factors in the determination of the location and area of
said districts.
E.
Level of residential need. Neighborhood permit parking
may be considered for districts in which at least 75% of available
legal on-street parking spaces are filled during the proposed permit
program hours and at least 50% of the vehicles parked are nonresident.
Insufficient off-street parking for residents shall also constitute
residential need. Level of need will be determined by the Parking
Division in consultation with the Police Department and the Department
of Public Works.
F.
Development of a neighborhood permit parking ordinance for a district. Once neighborhood permit parking is found to be appropriate for a district, the Transportation and Parking Commission, in consultation with the Police Department, the Department of Public Works, and the Ward Councilor, will develop a proposed ordinance for a Neighborhood Permit Parking District (§ 312-120). This ordinance will include the hours, days, and times of year that the program will be in effect, the number of permits that will be available, and whether and how many permits will be issued for temporary permit holders after the needs of residents of the proposed parking district have been met. The Transportation and Parking Commission shall be authorized to adjust the total number of temporary permits available based upon changes in use and demand, where such adjustments do not constitute an amendment of these regulations.[1]
G.
Approval process. A proposed ordinance for a Neighborhood
Permit Parking District shall be referred to the Planning Board, the
Board of Public Works, the Transportation and Parking Commission,
and the Public Safety Committee, in addition to the Ordinance Committee
of the City Council. No such ordinance shall be enacted until each
of these entities has filed a recommendation with the City Council
or 45 days have elapsed since the referral by the City Council. Where
appropriate, recommendations shall include estimates of the costs
of establishing and enforcing the ordinance.[2]
H.
Public hearing. No ordinance that creates a Neighborhood
Permit Parking District shall be enacted until the City Council or
the Parking Commission has held a public hearing on said ordinance.
Notice of said hearing shall be posted in a public place and published
in a newspaper of general circulation in the City at least twice in
two separate weeks, the first publication being not less than 14 days
before the scheduled date of said hearing. All owners of property,
as shown on the latest Assessors' records, and abutting that portion
of any public way on which a permit parking restriction will be effective
shall be given notice of said hearing by certified mail. In addition,
renter's property listed on the latest certified street listing of
the Registrar of Voters and residing on that portion of any public
way on which a permit parking restriction will be effective shall
be given notice of said hearing by certified mail.[3]
I.
City Council action. If the City Council is presented
with a petition signed by 50% or more of the affected property owners
of a proposed Neighborhood Permit Parking District opposing said ordinance,
a two-thirds majority of the City Council shall be necessary to enact
the ordinance.
The following neighborhood permit parking districts
are hereby established:
|
Location
(Street)
|
No. of Permits
|
Side
|
From
|
To
|
Time
|
Days
|
|---|---|---|---|---|---|---|
|
Kensington Avenue
[Added 10-4-2007] |
150 (resident and guest)
|
South
|
A point 30 feet east of Dryads Green
|
A point 707 feet east of Dryads Green
|
12:01 a.m. to 6:00 a.m.
|
All
|
|
Kensington Avenue
[Added 10-4-2007] |
150 (resident and guest)
|
South
|
A point 40 feet west of Elm Street
|
A point 360 feet west of Elm Street
|
12:01 a.m. to 6:00 a.m.
|
All
|
|
Possession of a parking permit does not guarantee
a parking space.
On-street parking is not permitted during a
snow emergency.
|
A.
Signage. Signs indicating that parking within a Neighborhood
Permit Parking District is restricted to vehicles displaying valid
permits shall be erected at the following locations along any public
way which is included in such district:
(1)
Each end of every public way at the point where
the restricted area begins;
(2)
On each side of every intersection of an affected
public way with another public or private way;
(3)
At appropriate locations between the aforementioned
locations with no distance between such signs to exceed 100 feet.
B.
Other restrictions applicable. The establishment of
a Neighborhood Permit Parking District shall not affect the validity
of any other permanent or temporary parking restriction affecting
any area within said district including, but not limited to, tow zones,
no parking zones, and winter parking regulations.
C.
Specific assignment of parking spaces. Nothing in
this article shall authorize the assignment of a specific space to
a specific party or supersede any accessible parking designation.
[Amended 3-17-2022 by Ord. No. 21.355]
A.
Resident status. To qualify for resident status, the
owner of a vehicle must present evidence that the vehicle is registered
and insured in Massachusetts and is garaged (paying excise taxes)
in the specified Neighborhood Permit Parking District of Northampton,
except as exempted by MGL c. 90, § 3 1/2. Leased vehicles
must be registered in Massachusetts and principally garaged in the
permit district; rental contracts must be shown, along with a letter
from the insurance company indicating that the vehicle is insured
for garaging in the permit district. In addition, the applicant must
be registered as a current resident by the Registrar of Voters, and
must present one of the following items mailed to him or her within
the preceding 30 days at the address listed in the permit district:
a gas, electricity, or telephone bill, a credit card bill, a monthly
bank statement (except mortgage), a cable television bill, or other
reasonable proof of residency as determined by the Transportation
and Parking Commission.[1]
B.
Eligible vehicles. Vehicles must weight 2.5 tons or
less.
C.
Eligibility for permits. Up to two qualified residents
of each household within a designated Neighborhood Permit Parking
District may be issued a resident permit. A household shall be defined
as all persons residing within a single living unit. A living unit
shall be defined as a single-family home, an apartment, or a single
room in a lodging house or single-room-occupancy structure. In addition,
each household with at least one qualified resident within a Permit
Parking District may be issued, if space permits, no more than two
visitor permits. No vehicle shall be parked using a visitor permit
belonging to any one household for more than two weeks continuously
or 14 days in any one month. If after meeting residential needs at
this level fewer than 75% of the parking spaces in a district are
allocated, the Transportation and Parking Commission may designate
an additional number of temporary permits to be made available to
persons residing outside of the Permit Parking District. In no event
shall the total number of permits issued exceed 75% of the designated
parking spaces in a district. A lottery system shall be used to determine
the recipients of temporary permits. A nonresident of the established
parking district may apply for one temporary permit in that district.
Owners of businesses located in a permit district, excluding home
office businesses, may apply for up to two permits. To obtain any
type of permit, all Northampton parking tickets, auto excise taxes,
and real property taxes must be paid.[2]
D.
Permit processes. Application for neighborhood parking
permits shall be made on a form authorized by the Transportation and
Parking Commission. Resident and visitor permits shall be valid for
one year and shall expire one year from the date of issue. Temporary
permits shall be issued twice yearly on December 1 and June 1 based
upon the lottery for that period. Applications for renewal of resident
and visitor permits must be filed with the Parking Clerk a minimum
of 30 days prior to expiration date. Applications for temporary permits
issued on the basis of the lottery must be filed with the Parking
Clerk by November 1 and May 1 of each year.[3]
E.
Display of permits. Each resident and temporary permit
shall state on its face the registration number of the vehicle to
which it is issued. Said permits shall not be transferable, and shall
be displayed on the rear window of the vehicle in the bottom corner
on the driver's side. On station wagons and convertibles, the permit
must be displayed on the window on the driver's side of the vehicle,
as far towards the rear of the vehicle as possible. Each visitor permit
shall state the address of the household to which the permit is issued,
and shall be displayed in a way visible from the outside on the dashboard
on the driver's side of the vehicle using it. Visitor permits must
be returned to the resident at the conclusion of the visit.
F.
Fees. Fees will be established annually by the Transportation
and Parking Commission with the approval of the City Council. Fees
will be of two levels: a minimal level for resident and visitor permits
and a higher level for temporary permits that reflects fees charged
by municipal or private parking facilities in the City. Fees shall
not be prorated for a permit granted for a period of less than one
full year. However, if a permit holder disposes of a vehicle for which
a permit was issued and acquires a new vehicle, upon surrender of
the old permit, a new permit will be issued without charge for the
balance of the one-year period. The Parking Clerk may waive the fees
for resident permits for vehicles having handicapped plates or an
accessible parking placard or, where need exists, for vehicles owned
or leased by residents of a Permit Parking District who are 65 years
of age or older.
[Amended 2-1-2007; 3-17-2022 by Ord. No. 21.355]
A.
Nothing in this article shall prohibit the parking
in a Permit Parking District by the following:
(1)
Any vehicle actively engaged in the delivery
or removal of goods or personal possessions within the District.
(2)
Any emergency vehicle including, but not limited
to, fire, police, and ambulance vehicles.
(3)
Any vehicle owned or controlled by a governmental
entity actively engaged in its governmental functions.
(4)
Any vehicle belonging to a tradesperson, repairperson,
or other service provider actively engaged in performing work at a
location within the Permit Parking District.
B.
Such vehicles must display an identifying sign, either
on the outside of the vehicle or on the dashboard.
A.
Reasons for revocation. The Parking Clerk may revoke
any resident or visitor permit issued under this article if the holder
of said permit 1) no longer resides within a Permit Parking District;
2) affixes a resident permit to a vehicle other than the vehicle for
which the permit was issued; 3) permits the use of a visitor permit
improperly for long-term or permanent parking of a vehicle, for use
on a vehicle owned or controlled by a resident, or for parking of
a vehicle whose operator is not a visitor of the holder of the visitor
permit. The Parking Clerk may revoke any resident, visitor, or temporary
permit if the legal holder of the permit sells, offers for sale, gives,
trades, or otherwise transfers any permit to another person, or alters
any permit in any manner.
B.
Notification. Prior to any revocation of a permit,
notice of the proposed action shall be sent by certified mail, return
receipt requested, to the permit holder at the address listed on the
application for the permit. The notice shall state the reason for
the proposed revocation and the time, date and location of a hearing
to be held by the Parking Clerk on said proposed action. The permit
holder may appear at said hearing and offer testimony and/or evidence
he or she thinks is relevant to the issue. Notice shall be sent at
least seven days prior to said hearing. If a permit is revoked, notice
of said revocation shall be sent to the permit holder by certified
mail.
