[Added 9-22-1990]
The City Council of the City of Springfield finds and declares
that the provisions of this article are enacted for the following
reasons:
A.
To protect the designated residential streets or districts from polluted
air, excessive noise, and litter caused by the entry of vehicles parked
by persons not residing within the residential streets or districts;
B.
To reduce hazardous traffic congestion, and the danger of obstruction
of fire lanes, fire hydrants, and access required by emergency vehicles;
C.
To encourage the use of public transportation;
D.
To protect the residents of the designated residential streets or
districts from unreasonable burdens in gaining access to their homes;
E.
To preserve the value of property in the designated residential streets
or districts; and
F.
To promote the peace, comfort, convenience, and welfare of all inhabitants
of the City.
[Amended 1-14-1991]
The following words, as used in this article shall, unless the
context otherwise requires, have the following meanings:
A natural person who has a principal place of residence within
a restricted residential parking street or district or who owns a
residence therein; in the case of businesses, the legal entity or
person who or which has a principal place of business within such
street or district.
An applicant to whom a residential parking permit has been
issued.
The permit issued by the Parking Clerk to residents of restricted
residential parking streets or districts for their vehicles and the
vehicles of their visitors and for visitors of business establishments
with said streets or districts, as described herein.
The residential parking permit fee shall be $100. Any individual
65 years old or older shall be entitled to a permit parking fee reduction
of 15% for each residential parking permit; provided, however, that
the individual has a principal place of residence within a restricted
parking street or district.
Any street or district or public way which the City Council,
after a report from the Traffic Commission, approves as a designated
restricted residential parking street or district.
No person shall park a motor vehicle at any time upon any street
or portion thereof designated by the City Council as a restricted
residential parking street or district without a residential or visitor
parking permit for that street or district.
A.
Upon an applicant's payment of the residential parking permit
fee and submission of a residential parking permit application, the
applicant shall receive one residential parking permit for the vehicle
described in the application. Such permit shall be securely affixed
to the inside bottom left corner of the rear window of the vehicle
and shall display the permit number and the expiration date of the
permit, which shall be one year after the date of issuance.
B.
Applicants who reside within a restricted residential parking street
or district may apply and pay for one or more additional permits for
vehicles owned or principally operated by them.
A.
Upon the holder's payment of the residential parking permit
fee and submission of a residential parking permit application, the
holder shall receive a new residential parking permit.
B.
The expiration date to be displayed on the new residential parking
permit shall be one year following the expiration date of the existing
permit.
A.
Upon the holder's payment of a transfer fee of $10, submission
of an application for transfer of a residential parking permit, and
surrender of his existing permit, the holder shall receive a new residential
parking permit for use on another vehicle;
B.
The transfer of a residential parking permit shall not affect its
expiration date.
A.
Each holder of a residential parking permit, other than a nonresidential
owner, shall be issued two visitor parking permits, which shall expire
on the same date as the holder's permit.
B.
Each resident within the restricted residential parking street or
district, who is not a holder of a residential parking permit, shall,
upon application and payment of the residential parking permit fee,
receive two visitor parking permits, which shall expire one year after
the date of issuance.
C.
No resident or business shall be entitled to more than two visitor
parking permits.
D.
Each resident and business to whom or to which visitor parking permits
have been issued shall be responsible for the use and misuse of such
permits.
E.
Visitor's parking permits shall be displayed in the rear window
of the vehicle so as to be readily visible from outside the vehicle.
F.
Each visitor parking permit shall bear an identifying number and
its expiration date.
Notwithstanding § 385-28 above, the following motor vehicles may be parked within a restricted residential parking street or district without a residential parking permit:
A.
Emergency vehicles, including ambulances and Police and Fire Department
vehicles.
B.
Delivery vehicles and service vehicles while the operator is actually
engaged in business within the restricted residential parking street
or district.
C.
Disabled veterans or handicapped persons whose vehicle bears the
distinctive plates, or displays the special parking identification
plate authorized by MGL c. 90, § 2, or bears the official
identification of handicapped persons issued by other states or any
Canadian province.
D.
Vehicles of contractors with commercial registration plates or clearly
marked with the name of the contractor or contracting company while
the operator is in fact working within the restricted residential
parking street or district.
E.
Such other vehicles as may be described in the order designating
the residential parking street or district.
A.
Other laws, ordinances, rules and regulations now or hereafter applicable
to parking within restricted residential parking streets or districts
shall remain in full force and effect to the extent they are not inconsistent
herewith.
B.
A residential parking permit, including a visitor parking permit,
shall not guarantee or reserve a particular parking space, or any
parking space, within the restricted residential parking street or
district.
A.
The Parking Clerk shall collect such information from applicants
as will enable him to administer and enforce the provisions of this
article.
B.
The Parking Clerk may require such evidence of residence, ownership
or conduct of business as he deems reasonable and proper, including
but not limited to motor vehicle operator's license, motor vehicle
registration, rent receipt, utility bill, electric bill, gas bill,
telephone bill, cable TV bill, monthly bank statement (except mortgage
statement), or Medicaid eligibility card.
C.
The Parking Clerk may make such other investigation and inquiry as
he deems reasonable and proper upon receipt of an application hereunder.
A.
No petition for a designation of a restricted residential parking
street or district shall be ordered by the City Council until:
(1)
A petition for a restricted residential parking street or district
has been initiated by submission to the City Council of a petition
signed by 70% of the owners/occupants of a particular street or district;
(2)
The City Council has referred the petition to the Traffic Commission
for review;
(3)
The Traffic Commission has held a public hearing at which all persons
interested shall be given an opportunity to be heard; and
(4)
The Traffic Commission has submitted a report on the proposed street
or district with recommendations to the City Council.
B.
Notice and hearing. The Traffic Commission hearing shall be held
within 60 days of submission of the petition to the City Council.
No order by the City Council shall be voted until a report has been
submitted to the City Council from the Traffic Commission or 21 days
have elapsed since the Traffic Commission hearing without the submission
of such report.
(1)
Notice of the date, day, time, place and subject matter of the hearing
shall be published in a newspaper of general circulation in the City
in each of two successive weeks, the first publication to be not less
than 14 days before such hearing. This notice shall be prepared and
published by the City Clerk at the expense of the petitioners.
(2)
Notice of the hearing shall be sent by mail, postage prepaid, at
least 10 days before the hearing to all residents within the proposed
restricted residential parking street or district, as shown on the
most recent City census. The mailing of such notice shall be done
by the City Clerk at the expense of the petitioners.
C.
For purposes of implementation and enforcement, any approval by the
City Council designating a restricted residential parking street or
district shall take effect no earlier than three months after its
approval.
D.
Immediately following the approval of any petition designating a
restricted residential parking street or district, the City Clerk
shall mail or deliver to every residence within the designated restricted
residential parking street or district, as shown on the most recent
census, written notice of the effective date of the permit parking,
the areas affected thereby, the fact that parking will be restricted
to residents with a permit, and the procedure for obtaining a permit,
together with an application for a permit.
E.
Prior to the effective date of the permit parking, signs shall be
erected in the restricted residential parking street or district sufficient
to inform persons of ordinary intelligence that parking is restricted
to vehicles with permits.
A.
The permit or permits of any holder who violates the provisions of
this article on two or more occasions in any calendar year may be
revoked by the Parking Clerk.
B.
Notice of revocation shall be sufficient if mailed or delivered to
the holder at his or her address as shown on the records of the Parking
Clerk.
A.
It shall
be a violation of this article for any person:
(1)
To obtain a residential parking permit by fraud or deceit.
(2)
To retain or use a residential parking permit after his or her principal
residence or principal place of business has been changed to a location
outside the restricted residential parking street or district or after
revocation or expiration of the permit.
(3)
To permit any person to retain or use a visitor parking permit when
such person is not visiting the resident or business to which or to
whom the permit was issued.
(4)
To park within the restricted residential parking street or district
without a residential or visitor parking permit for that street after
signs have been posted at such places within said street as the Traffic
Bureau may require.
(5)
To use or allow to be used a residential parking permit on any vehicle
other than the one for which it was issued, except upon a vehicle
bearing a dealer's registration plate and actually in the custody
of the permit holder.
(6)
To make, cause to be made, or to use any copy, facsimile, or duplicate
of a residential parking permit.
B.
Any violation of this article shall be punishable by a fine of $15.
Each day that a violation continues shall be punishable as a separate
offense.
