[Adopted 1-6-1986 (Ch. 144, Art. II, of the 1986 Code)]
[Amended 3-16-1987]
The Mayor and Town Council are hereby authorized to designate
by ordinance public highways and other areas within the Town on which
the parking of vehicles may be restricted, beyond a consecutive three-hour
period, on the days and times posted, to vehicles bearing a valid
parking permit issued pursuant to this article. This authority shall
be in addition to and may be exercised in conjunction with any other
authority the Mayor and Town Council may have to regulate the times
and conditions of motor vehicle parking.
As used in this article, the following terms shall have the
meanings indicated:
NONRESIDENTIAL VEHICLE
A motor vehicle parked in a residential area by a person
who is not a resident thereof.
[Amended 3-16-1987]
PERMIT PARKING AREA
An area at least one block in length. A block shall be at
least a 100 series of street numbers in length and need not be from
one intersecting street to another.
RESIDENTIAL AREA
A contiguous or nearly contiguous area containing public
highways, or parts thereof, primarily abutted by residential property
or residential and nonbusiness property (such as schools, parks, churches,
hospitals and nursing homes) and designated as such by the Mayor and
Town Council.
[Amended 3-16-1987]
A residential area shall be deemed eligible for residential
permit parking if, based on objective criteria established by the
Mayor and Town Council, parking therein is or will be impacted by
nonresidential vehicles on the days and times posted.
In determining whether an area identified as eligible for residential
permit parking shall be designated as a residential permit parking
area, the Mayor and Town Council shall take into consideration the
following factors:
A. The desire and need of the residents for residential permit parking
and their willingness to bear the administrative costs in connection
therewith.
B. The protection of the residents of such areas from unreasonable burdens
in obtaining adequate parking adjacent to or close by their places
of residence and securing access to their residences.
C. The likelihood of alleviating traffic congestion, illegal parking
and related health and safety hazards.
D. The probable reduction in hazardous traffic conditions resulting
from use of streets in designated residential areas for the parking
of vehicles by persons using other commercial, industrial, transit
or other-than-residential areas.
E. The preservation of the safety of children and pedestrians in residential
areas.
F. The protection of such residential areas from polluted air, excessive
noise, the strewing of trash and refuse and other environmental degradations
caused by parking of nonlocal vehicles.
G. The prevention of the excessive utilization of streets, roads and
highways in residential areas.
H. The preservation of the residential nature of impacted areas.
I. The proximity of public transportation to the residential areas.
J. The need for parking in excess of three hours in proximity to establishments
located therein and used by the general public for religious, health
or educational purposes.
In order to determine whether a particular street, avenue, way or other location should be designated as a residential permit parking area, the Mayor and Town Council shall conduct, upon their own initiative or upon a petition of a majority of the households in such areas addressed to the Mayor and Town Council, a public hearing, prior to the designation of a parking permit area or prior to the withdrawal of such designation once it is established. The hearing shall be part of a regular or special meeting of the Mayor and Town Council and shall be no more than one month after the action is initiated or petitioned. Advance notice of this type of hearing shall be given in the Town newsletter or other newspaper of general circulation in the Town of Brentwood. The notice shall clearly state the purpose of the hearing, the exact location and boundaries of the residential permit parking under consideration, the reasons why such area is being proposed for designation as a residential permit parking area and, if applicable, the proposed permit parking fee that would be charged. In addition to the published notice, a similar notification shall be mailed to every household, the identity of which can reasonably be established, within the area under consideration. During such hearing, any interested person shall be entitled to appear and be heard. No hearing shall be held and no area designated if it is not found to be an impacted area under §§
305-18 and
305-19 of this article.
At the conclusion of the hearing, the Mayor and Town Council
shall decide, based on the record made at such hearing, whether or
not to designate the area under consideration as a residential permit
parking area or to remove the designation in the case of an established
residential permit parking area. This action, if establishing or terminating
a residential permit parking area, shall be taken in the form of a
Town ordinance as provided for in Chapter 4, Section 404.0, of the
Charter of the Town of Brentwood.
Following Mayor and Town Council approval of the designation
of a residential permit parking area, the Mayor and Town Council,
or a designated alternate, shall issue appropriate permits and shall
cause parking signs to be erected in the area, indicating the times,
locations and conditions under which unlimited parking shall be by
permit only. A permit shall be issued, upon application and payment
of the applicable fee, only to the owner or the operator of a motor
vehicle who resides on property immediately adjacent to a street,
avenue, way or other location within the residential permit parking
area.
The application for a permit shall contain the name of the owner
or operator of the motor vehicle and residential address, the motor
vehicle's make, model and registration number and the number of the
applicant's operator's permit. The motor vehicle's registration and
operator's license may, in the discretion of the Mayor and Town Council,
or designated alternate, be required to be presented at the time of
making said application in order to verify the contents thereof. The
owner or operator of any motor vehicle applying for a residential
parking permit shall have valid Maryland motor vehicle license tags,
unless not legally required to have them. The permit shall be renewed
annually upon such conditions and procedures as the Mayor and Town
Council shall specify. The permit shall identify the motor vehicle,
the area authorized and the expiration date.
Notwithstanding any provision of this article to the contrary,
the holder of a residential parking permit shall be permitted to stand
or park a motor vehicle for which a residential parking permit has
been issued in the designated residential parking permit area during
such times as the parking of motor vehicles therein is permitted.
While a vehicle for which a residential parking permit has been issued
is so parked, such permit shall be displayed so as to be clearly visible
on the vehicle in a place set by the Mayor and Town Council or designated
alternate. A residential parking permit shall not guarantee or reserve
to the holder a parking space or a specific parking space within a
designated residential permit parking area.
A residential parking permit shall not authorize the holder
thereof to stand or park a motor vehicle in such places or during
such times as the stopping, standing or parking of motor vehicles
is prohibited or set aside for specified types of vehicles, nor exempt
the holder from the observance of any traffic regulation other than
the three-hour parking limit in the area for which a permit is held.
No person other than the permittee named thereon shall use a
residential parking permit or display it on a vehicle operated or
parked, and any such use or display by a person other than the permittee
shall constitute a violation of this article by the permittee and
by the person who so used or displayed such parking permit.
It shall constitute a violation of this article for any person
to falsely represent such person as eligible for a residential parking
permit or to furnish any false information in an application to the
Mayor and Town Council or designated alternate in order to obtain
a residential parking permit.
The Mayor and Town Council or designated alternate is authorized
to revoke the residential parking permit of any permittee found to
be in violation of this article, and upon written notification thereof,
the permittee shall surrender such permit to the Mayor and Town Council
or designated alternate. Failure, when so requested, to surrender
a residential parking permit so revoked shall constitute a violation
of this article.
The Mayor and Town Council or designated alternate is authorized
to establish an annual residential permit parking fee to cover the
administrative costs of permits issued pursuant to this article.
The Mayor and Town Council or designated alternate is authorized
to make provisions for:
A. The issuance of temporary parking permits for periods up to 30 days
to bona fide visitors of residents of a designated residential parking
permit area.
B. The issuance of exemption parking permits to handicapped persons.
Any person who shall violate any provisions of this article
shall, upon conviction, be subject to punishment by a fine of not
more than $100.
Residential permit parking areas shall be as follows:
Name of Street
|
Hours
|
Location
|
37th Street [Added 4-19-2017 by Ord.
No. 2017-04]
|
During designated hours
|
–––
|
41st Street [Added 4-19-2017 by Ord.
No. 2017-04]
|
–––
|
Between Utah Avenue and 4411 41st Street
|
Upshur Street [Added 4-19-2017 by Ord.
No. 2017-04]
|
–––
|
Between Veterans Park and 38th Street
|
Webster Street [Added 4-19-2017 by Ord.
No. 2017-04]
|
During designated hours
|
Between 34th Street and 37th Street
|