[HISTORY: Adopted by the City Commission
of the City of Royal Oak 8-28-1972 by Ord. No. 72-17; amended in its entirety 6-4-2012 by Ord. No.
2012-05. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any privately owned and operated plot, piece, or parcel of
land used for the purpose of parking motor vehicles in the Festival
Zone during the Arts, Beats & Eats Festival where the owner or
person parking such vehicle is charged a fee.
The following geographic area: on the north, Catalpa Drive/Gardenia
Avenue from Woodward Avenue to Alexander Avenue/Longfellow Avenue;
on the east, Alexander Avenue/Longfellow Avenue from Gardenia Avenue
to I-696; on the south, I-696 from Longfellow Avenue to Woodward Avenue;
and on the west, Woodward Avenue from I-696 to Catalpa Drive.
Any privately owned and operated plot, piece, or parcel of
land used for the purpose of parking motor vehicles where the owner
or person parking such vehicle is charged a fee.
A.
No person, partnership, corporation, or other entity shall maintain
or conduct a parking station within the City of Royal Oak without
a valid parking station license.
B.
No person, partnership, corporation, or other entity shall maintain
or conduct an Arts, Beats & Eats parking station within the City
of Royal Oak without a valid Arts, Beats & Eats parking station
license.
A.
An application for a license for a parking station shall be made
to the City Clerk by the person, partnership, corporation, or other
entity proposing to operate the parking station upon forms furnished
by the City Clerk.
(1)
The application shall, at a minimum, set forth the following information:
(a)
The name under which and place where the parking station is
to be operated.
(b)
Whether the applicant is an individual, partnership, corporation,
or other entity.
[1]
If the applicant is an individual, the name, residence address
and telephone number of the applicant.
[2]
If the applicant is a partnership, the name of the partnership,
and the name, residence address and telephone number of each of the
partners having 10% of an ownership interest if that individual is
or will be involved in the management and/or operation of the parking
station, and the name and address of a resident agent in Oakland County,
Michigan.
[3]
If the applicant is a corporation, the name, residence address
and telephone number of each of the officers and directors of said
corporation and of each stockholder owning more than 10% of the stock
of the corporation if that individual is or will be involved in the
management and/or operation of the parking station, and the name and
address of a resident agent in Oakland County, Michigan. The applicant
shall also provide documentation that the corporation is in good standing
in the state of incorporation.
[4]
If the applicant is another entity, the name, residence address
and telephone number of each of the managers of the entity and of
each member if that individual is or will be involved in the management
and/or operation of the parking station, and the name and address
of a resident agent in Oakland County, Michigan.
(c)
Whether the premises are owned or leased by the applicant and,
if leased, the name and address of the owner of the premises.
(d)
The maximum number of motor vehicles that the applicant intends
to park on the premises at any one time.
(e)
The hours during which the motor vehicles may be parked.
(f)
A complete schedule of the rates to be charged for parking the
motor vehicles.
(g)
Authorization for the City of Royal Oak, its agents and its
employees to seek additional information and conduct an investigation
into the truth of the statements set forth in the application. The
applicant shall provide any additional information needed to discover
the truth of the matters required to be set forth in the application.
(2)
The application shall be signed and verified under oath by the applicant,
if the applicant is an individual, or by a duly authorized agent if
the applicant is a partnership, corporation, or other entity.
B.
Plan or other graphic representation of property. A current, legible
scaled plan, diagram or other graphic representation showing location
and dimensions of the property designated on the application for a
license under this chapter, proposed locations and widths or entrances
and exits, type of surfacing to be used, proposed locations and type
and height of barriers, proposed arrangement and dimensions of parking
or storage stalls, maximum number of vehicles to be stored at any
one time, proposed widths of aisle ways within the premises providing
access to and egress from parking stalls, proposed locations and types
of shelters for attendants or customers, and such other information
as the City Clerk may deem advisable shall be submitted with the application.
C.
Schedule of rates; rate changes.
(1)
With the application for a license for a parking station, the applicant
shall file a complete and accurate schedule of the following rates:
(2)
No charge other than the rates specified in this schedule shall be
made, except as otherwise provided in this section.
(3)
In the event that a licensee intends to change the fee schedule,
the licensee shall give 10 days' written notice of the intended
change to the City Clerk and shall post notice of the amended fee
schedule for a period of 10 days in a conspicuous place on the premises.
Upon the expiration of that ten-day period, the rates may be changed
in accordance with the notice.
D.
License fee. The fee for a parking station license shall be set by
resolution of the City Commission.
E.
Required approvals.
(1)
A license to operate a parking station shall not be issued until
the following departments file the following approvals with the City
Clerk:
(2)
A full application is not required for the renewal of a parking station
license, unless substantial changes have been made to the premises.
If substantial changes have been made, approval by the appropriate
department(s) must be filed with the City Clerk prior to renewal of
a license. If substantial changes have not been made, the licensee
must file a written statement to that effect with the City Clerk before
a license will be renewed.
F.
Issuance.
(1)
If, after investigation, the City Clerk is satisfied that the application
is complete and accurate, and that all required approvals have been
given, the Clerk shall issue the applicant a license for a parking
station.
(2)
An applicant aggrieved by a decision of the City Clerk to deny an
application may appeal that decision to the City Commission by filing
a written request for a hearing with the City Manager within 10 days
of the date of the denial.
G.
Expiration. A parking station license shall expire on December 31
of any given year.
H.
Revocation.
(1)
After notice and a hearing, the City Manager may revoke a license
for a parking station if at any time:
(a)
The licensee has knowingly made a misrepresentation of a material
fact in his, her, or its application.
(b)
The licensee knowingly violates or permits the violation of
any part of this chapter.
(c)
The licensee knowingly violates or permits the violation of
any federal, state, or local statute, law, ordinance, or regulation
involving theft, larceny, or conversion of a motor vehicle, or the
operation of a vehicle without the owner's consent.
(2)
A licensee aggrieved by a decision of the City Manager may appeal
that decision to the City Commission by filing a written request for
a hearing with the City Manager within 10 days of the revocation.
I.
Liability of licensee.
(1)
Each licensee under this chapter shall be liable for any damage to
any motor vehicle stored or parked in his parking station, by or through
his own negligence or that of his employees. This section shall have
no application to loss of or damage to personal property left or contained
in motor vehicles, the liability for which may be disclaimed, limited
or regulated by appropriate contractual provisions contained in the
parking ticket, provided a sign giving notice to that effect is posted
on the parking station.
(2)
A license to operate a parking station shall be automatically suspended
upon the licensee's failure to satisfy any final judgment for
damage to or loss of a car arising from the use of the licensee's
parking station within 60 days after entry of the judgment. Said suspension
shall remain in effect until the final judgment is satisfied.
(3)
No contract, agreement, lease, receipt, rule or regulation shall
exempt any person operating a parking station from damage or loss
caused by the negligence of such person or any employee of such person
or while in the employ of such person.
J.
Duties of licensee. In operating a parking station, each licensee
shall faithfully perform its duties under this chapter and shall use
its best efforts to employ honest and competent attendants.
K.
Duty of licensee to maintain premises. Each licensee shall keep the
parking station and any sidewalks surrounding the premises free from
dirt, ice, sleet and snow, and in a safe condition for pedestrian
travel, provided that a licensee may use a portion of the area designated
for parking motor vehicles for the storage of snow.
L.
Enclosure of lots. Persons operating parking stations shall keep
the same enclosed with a proper or suitable fence, wall or other barrier
so that motor vehicles may not be removed from such stations except
at the regular established entrances and exits.
M.
Cleanliness of lots. All licensees operating parking stations shall
keep the lots clean and free from refuse and debris and shall treat
the surface thereof in such a manner as to keep the same free from
dust so that it will not be a nuisance to adjacent property owners
or others.
N.
Use of streets for parking prohibited. No licensee shall use or permit
the use by his employees of any part of a public street for the purpose
of standing, maneuvering or parking motor vehicles.
O.
Maximum capacity.
(1)
When a parking station is filled to maximum capacity, the licensee
shall place a conspicuous sign at each entrance, reading, in letters
not less than six inches in height: "FILLED TO CAPACITY." Such sign
shall be displayed continuously as long as the premises are full.
(2)
The maximum capacity shall be clearly indicated on the license issued
for a parking station, and such certificate shall be conspicuously
displayed on the premises by the licensee.
(3)
The maximum capacity shall be the number of motor vehicles that can
be handled on the lot without resorting to streets for the maneuvering
of the vehicles, as determined by the licensee and approved by the
Planning Department.
(4)
A licensee shall have the right to refuse parking to any vehicle
which, because of its size, shape, or operating condition could, in
the opinion of the licensee, be a hazard, nuisance, or danger to persons
or other vehicles on the premises.
P.
Signs denoting hours and rates. Each licensee shall maintain, at
each entrance to any parking station, a sign to apprise persons using
such parking station of the name of the licensee, the hours of the
day and night during which such places are open for the storing of
motor vehicles, the rates charged and the closing hour of such station.
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.
Q.
Claim checks.
(1)
At the time of accepting a motor vehicle for storing or parking in
a parking station, the person conducting the same or his agent, servant
or employee shall furnish to such person parking his motor vehicle
a distinctive check, which shall be numbered to correspond to a coupon
placed upon such motor vehicle, which check shall contain the name
and address of the place owning or operating such parking station
and upon which shall be written or stamped the date and the license
number of the motor vehicle.
(2)
The provisions of this section shall not apply where cars are stored
on a monthly fee basis.
(3)
It shall be unlawful to affix any parking tags on any motor vehicle
so as to obliterate, in whole or in part, any portion of the motor
vehicle license plates on such vehicle.
R.
Restrictions on subletting. A licensee shall not sublet, sublease,
or otherwise permit any parking station or any portion thereof to
be used by any vendor of goods, wares, merchandise, or services.
S.
Code compliance. The operation of a parking station shall at all
times comply with all applicable provisions of the City Code, including
but not limited to the Zoning Ordinance[1] (including the approved site plan for the premises) and
the Sign Ordinance.[2] Parking that is required under the Zoning Ordinance may
not be used for a parking station.
[Amended 6-2-2014 by Ord. No. 2014-06]
A.
Application for license.
(1)
An application for a license for an Arts, Beats & Eats parking
station shall be made to the City Clerk at least 60 days prior to
the event by the person, partnership, corporation, or other entity
proposing to operate the parking station upon forms furnished by the
City Clerk.
(2)
Upon a showing of good cause, the City Commission may waive this
deadline for a person, partnership, corporation, or other entity that
held an Arts, Beats & Eats parking station license in the year
prior and proposes to operate an Arts, Beats & Eats parking station
in the same location and in the same manner as in the year before.
In addition to the regular license fee, the applicant shall also pay
a nonrefundable late application fee to be set by resolution of the
City Commission.
(3)
The application shall, at a minimum, set forth the following information:
(a)
The name under which and place where the parking station is
to be operated.
(b)
Whether the applicant is an individual, partnership, corporation,
or other entity.
[1]
If the applicant is an individual, the name, residence address
and telephone number of the applicant.
[2]
If the applicant is a partnership, the name of the partnership,
and the name, residence address and telephone number of each of the
partners having 10% of an ownership interest if that individual is
or will be involved in the management and/or operation of the parking
station, and the name and address of a resident agent in Oakland County,
Michigan.
[3]
If the applicant is a corporation, the name, residence address
and telephone number of each of the officers and directors of said
corporation and of each stockholder owning more than 10% of the stock
of the corporation if that individual is or will be involved in the
management and/or operation of the parking station, and the name and
address of a resident agent in Oakland County, Michigan. The applicant
shall also provide documentation that the corporation is in good standing
in the state of incorporation.
[4]
If the applicant is another entity, the name, residence address
and telephone number of each of the managers of the entity and of
each member if that individual is or will be involved in the management
and/or operation of the parking station, and the name and address
of a resident agent in Oakland County, Michigan.
(c)
Whether the premises are owned or leased by the applicant and,
if leased, the name and address of the owner of the premises.
(d)
The maximum number of motor vehicles that the applicant intends
to park on the premises at any one time.
(e)
The hours during which the motor vehicles may be parked.
(f)
A complete schedule of the rates to be charged for parking the
motor vehicles.
(g)
Authorization for the City of Royal Oak, its agents and its
employees to seek additional information and conduct an investigation
into the truth of the statements set forth in the application. The
applicant shall provide any additional information needed to discover
the truth of the matters required to be set forth in the application.
(4)
The application shall be signed and verified under oath by the applicant
if the applicant is an individual, or by a duly authorized agent if
the applicant is a partnership, corporation, or other entity.
B.
Plan or other graphic representation of property. A current, legible,
scaled plan, diagram or other graphic representation showing location
and dimensions of the property designated on the application for a
license under this chapter, proposed locations and widths or entrances
and exits, type of surfacing to be used, proposed locations and type
and height of barriers, proposed arrangement and dimensions of parking
or storage stalls, maximum number of vehicles to be stored at any
one time, proposed widths of aisle ways within the premises providing
access to and egress from parking stalls, proposed locations and types
of shelters for attendants or customers, and such other information
as the City Clerk may deem advisable shall be submitted with the application.
C.
D.
License fee. The fee for an Arts, Beats & Eats parking station
license shall be set by resolution of the City Commission.
E.
Required approvals.
(1)
A license to operate an Arts, Beats & Eats parking station shall
not be issued until the following departments file the following approvals
with the City Clerk:
(2)
A full application is required for the renewal of an Arts, Beats
& Eats parking station license. Notwithstanding any other part
of this chapter, an application for a license to operate an Arts,
Beats & Eats parking station may be denied if any final judgment
against the applicant for damage to or loss of a car arising from
the use of the applicant's parking station in a prior year is
unsatisfied.
F.
Issuance. If, after investigation, the City Clerk is satisfied that
the application is complete and accurate, and that all required approvals
have been given, the Clerk shall issue the applicant a license for
an Arts, Beats & Eats parking station. An applicant aggrieved
by a decision of the City Clerk to deny an application may appeal
that decision to the City Commission by filing a written request for
a hearing with the City Manager within 10 days of the date of the
denial.
G.
Revocation.
(1)
After notice and a hearing, the City Manager may revoke a license
for an Arts, Beats & Eats parking station if at any time:
(a)
The licensee has knowingly made a misrepresentation of a material
fact in his, her, or its application.
(b)
The licensee knowingly violates or permits the violation of
any part of this chapter.
(c)
The licensee knowingly violates or permits the violation of
any federal, state, or local statute, law, ordinance, or regulation
involving theft, larceny, or conversion of a motor vehicle, or the
operation of a vehicle without the owner's consent.
(2)
A licensee aggrieved by a decision of the City Manager may appeal
that decision to the City Commission by filing a written request for
a hearing with the City Manager within 10 days of the revocation.
(3)
Nothwithstanding any other part of this chapter, the Chief of Police
may revoke a license for an Arts, Beats & Eats parking station
at any time if the operation of the parking station will constitute
an immediate danger to the public health, safety and welfare.
H.
Liability of licensee.
(1)
Each licensee under this chapter shall be liable for any damage to
any motor vehicle stored or parked in his parking station, by or through
his own negligence or that of his employees. This section shall have
no application to loss of or damage to personal property left or contained
in motor vehicles, the liability for which may be disclaimed, limited
or regulated by appropriate contractual provisions contained in the
parking ticket, provided a sign giving notice to that effect is posted
at the Arts, Beats & Eats parking station.
(2)
No contract, agreement, lease, receipt, rule or regulation shall
exempt any person operating an Arts, Beats & Eats parking station
from damage or loss caused by the negligence of such person or any
employee of such person or while in the employ of such person.
I.
Duties of licensee. In operating an Arts, Beats & Eats parking
station, each licensee shall faithfully perform its duties under this
chapter and shall use its best efforts to employ honest and competent
attendants.
J.
Duty of licensee to maintain premises. Each licensee shall keep the
parking station and any sidewalks surrounding the premises free from
dirt, ice, sleet and snow, and in a safe condition for pedestrian
travel, provided that a licensee may use a portion of the area designated
for parking motor vehicles for the storage of snow.
K.
Enclosure of lots. Persons operating Arts, Beats & Eats parking
stations shall keep the same enclosed with a proper or suitable fence,
wall or other barrier so that motor vehicles may not be removed from
such stations except at the regular established entrances and exits.
L.
Cleanliness of lots. All licensees operating Arts, Beats & Eats
parking stations shall keep the lots clean and free from refuse and
debris and shall treat the surface thereof in such a manner as to
keep the same free from dust so that it will not be a nuisance to
adjacent property owners or others.
M.
Use of streets for parking prohibited. No licensee under this chapter
shall use or permit the use by his employees of any part of a public
street for the purpose of standing, maneuvering or parking motor vehicles.
N.
Maximum capacity.
(1)
When an Arts, Beats & Eats parking station is filled to maximum
capacity, the licensee shall place a conspicuous sign at each entrance,
reading, in letters not less than six inches in height: "FILLED TO
CAPACITY." Such sign shall be displayed continuously as long as the
premises are full.
(2)
The maximum capacity shall be clearly indicated on the license issued
for an Arts, Beats & Eats parking station, and such certificate
shall be conspicuously displayed on the premises by the licensee.
(3)
The maximum capacity shall be the number of motor vehicles that can
be handled on the lot without resorting to streets for the maneuvering
of the vehicles, as determined by the licensee and approved by the
Planning Department.
(4)
A licensee shall have the right to refuse parking to any vehicle
which, because of its size, shape, or operating condition could, in
the opinion of the licensee, be a hazard, nuisance, or danger to persons
or other vehicles on the premises.
O.
Signs denoting hours and rates. Each licensee shall maintain, at
each entrance to any Arts, Beats & Eats parking station, a sign
to apprise persons using such parking station of the name of the licensee,
the hours of the day and night during which such places are open for
the storing of motor vehicles, the rates charged and the closing hour
of such station. 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.
P.
Claim checks.
(1)
At the time of accepting a motor vehicle for storing or parking in
an Arts, Beats & Eats parking station, the person conducting the
same or his agent, servant or employee shall furnish to such person
parking his motor vehicle a distinctive check, which shall be numbered
to correspond to a coupon placed upon such motor vehicle, which check
shall contain the name and address of the place owning or operating
such parking station and upon which shall be written or stamped the
date and the license number of the motor vehicle.
(2)
It shall be unlawful to affix any parking tags on any motor vehicle
so as to obliterate, in whole or in part, any portion of the motor
vehicle license plates on such vehicle.
Q.
Restrictions on subletting. A licensee shall not sublet, sublease,
or otherwise permit any Arts, Beats & Eats parking station or
any portion thereof to be used by any vendor of goods, wares, merchandise,
or services.
R.
Code compliance. The operation of an Arts, Beats & Eats parking
station shall at all times comply with all applicable provisions of
the City Code, including but not limited to the Zoning Ordinance[1] (including the approved site plan for the premises) and
the Sign Ordinance.[2] Parking that is required under the Zoning Ordinance may
not be used for an Arts, Beats & Eats parking station.
Any person, partnership, corporation, or other entity violating
any of the provisions of this chapter shall be guilty of a misdemeanor,
punishable by a fine of up to $500 and up to 90 days in jail, or both,
in the discretion of the court. Each day that a violation is allowed
to exist shall constitute a separate offense.
