[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:
A.
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.
B.
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:
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.
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).
A.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
