[HISTORY: Adopted by the City Council of the City of Butler as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-26-2015 by Ord. No. 1706]
The City finds that:
Certain residential areas in the City are subjected to commuter vehicle parking, therefore depriving the residents of those areas of spaces in which to park their own vehicles.
The establishment of residential parking areas for areas affected by commuter parking should facilitate efficient movement of traffic by providing for parking preference during certain hours of the day and days of the week. Therefore, the City considers it to be in the interest of the people of the City to provide for the establishment of a residential parking program to ensure primary access to available parking spaces by neighborhood residents.
For the purpose of this article, words and terms listed in this section, as follows, shall have the following meanings:
- COMMUTER VEHICLE
- A motor vehicle parked in a residential area by a person who is neither a resident of that residential area nor visiting a resident of that residential area.
- A person who owns or leases real estate within a residential area of which he is not a resident, but who owns or manages a business or not-for-profit enterprise or professional office maintained at that address. A proprietor shall be entitled to three parking permits for that business or professional office address.
- A person who owns or leases real property within a residential area or who maintains a residence at that address.
- RESIDENTIAL AREA
- A contiguous area containing public streets primarily abutted by residential property or nonbusiness property (such as schools, parks, places of worship, hospitals and nursing homes).
The areas designated on the map attached hereto and incorporated herein are hereby designated as residential parking areas. Boundary streets are included in the residential parking areas.
Editor's Note: Said map is on file in the City offices.
Patrons of any business, not-for-profit enterprise, or professional office who park in the vicinity of said business, not-for-profit enterprise or professional office shall be entitled to use or rely upon the parking permits issued to the proprietor.
The parking of a commuter vehicle in the foregoing area during the hours of 7:00 a.m. through 5:00 p.m., Monday through Friday, shall be in violation of this article.
Signs shall be erected along the streets in each residential parking area indicating that parking is restricted to resident parking only and the days and hours in which parking by a commuter vehicle is prohibited.
Application for up to three parking permits may be made to the City Clerk by a proprietor of property immediately adjacent to a street or other location within a residential parking area. Parking permits shall be issued in the name of the business or not-for-profit enterprise or professional office maintained at that address.
Issuance of permit. Upon receipt of the application and a determination that the application shows that the applicant is a proprietor and is thereby entitled to up to three parking permits, the City Clerk shall issue to the proprietor up to three residential parking permits, which shall be valid for the remainder of the calendar year. The permits shall be renewable annually before the expiration date, upon making application for renewal. It shall be unlawful and a violation of this section for any person to display other than a current and valid permit while visiting a proprietor in a residential parking area at any time when those permits are to be displayed.
Revocation of permits. The City Clerk shall have authority to revoke the residential parking permits given to a proprietor found to be in violation of any provision of this section. Upon written notification to him of the revocation, the proprietor/permit holder shall surrender the permit to the City Clerk. Failure to do so, when so requested, shall constitute a violation of this section, provided that any proprietor receiving such a notice may, within 10 days after the date of the notice, appeal to the City Council for a hearing on the revocation, and the decision of the City Council shall be final.
Penalties. Any person who violates any provision of this article shall, upon conviction, be sentenced to pay a fine or not more than $50 and costs.
Ticketing. It shall be the duty of the police officers and of parking enforcement personnel of the City to report to the appropriate official all violations of any provision of this article, indicating, in each case: the section violated; the license number of the vehicle involved in the violation; the location where the violation took place; and any other facts that might be necessary in order to secure a clear understanding of the circumstances attending the violation. The police officer or other person making the report shall also attach to or place upon every such vehicle a notice stating that the vehicle was parked in violation of this article. The notice shall contain instructions to the owner or driver of the vehicle to report to the Bureau of Police or to the City Treasurer and pay the fine so indicated within the allotted time to avoid further prosecution.
Towing. The City may remove and impound vehicles that are parked in violation of this article in accordance with § 245-48 of the Codified Ordinances of the City of Butler.