City of Avalon, CA Article 17 Registration of Vehicles [1]

[1] Editor's Note: Article 17 was amended in its entirety by Ordinance No. 813, effective October 15, 1987; Article 17 was again amended in its entirety by Ordinance No. 843, effective May 18, 1989. Article 17 was further amended in its entirety by Ordinance No. 862-91, effective March 7, 1991. Article 17 was further, amended in its entirety by Ordinance No. 91795, effective April 20, 1995.

§ 4-4.1701 Findings.

The Council hereby determines that there are special problems existing in the City relating to the size and nature of the streets and the characteristics and nature of the City itself and, in view of these special problems, the Council hereby determines that special rules regulating the size, number, noise, speed, and classes of vehicles used, permitted, or operated on the streets under its jurisdiction are necessary. In furtherance thereof, and in order to provide and maintain accurate and complete records and information upon which appropriate rules and regulations may be determined, the provisions of this article are enacted.

§ 4-4.1702 Permit Required.

[§ 1, Ord. 962-99, eff. June 3, 2000]

No automobile, truck, motorcycle or autoette or horse drawn carriage shall be operated or parked on any public right-of-way within the City or on any privately owned property where the City has made these regulations applicable to such privately owned property at the request of the owner thereof by designation thereof in Avalon Municipal Code § 4-4.1301, unless a vehicle permit has been obtained therefor in accordance with administrative procedures adopted by the provisions of this article. All permits must be renewed annually and shall expire 12 months after date of issuance or renewal.

§ 4-4.1703 Types of Vehicle Permits.

[§ 1, Ord. 823U; § 1, Ord. 824; § 1, Ord. 827U; § 1, Ord. 830, eff. September 15, 1988; § 1, Ord. 853, eff. January 4, 1990; § 1, Ord. 857, eff. June 14, 1990; §§ 1, 2, Ord. 907-94, eff. August 4, 1994; §§ 3 — 12, 22, Ord. 926-96, eff. March 7, 1996; §§ 2, 5, 6, Ord. 962-99, eff. June 3, 1999; § 1, Ord. 971-99, eff. November 4, 1999; § 1, Ord. 984-00, eff. September 14, 2000; §§ 1, 2, Ord. 985-00, eff. September 14, 2000; Ord. 1008-02, eff. October 17, 2002; Ord. 1012-03, eff. May 15, 2003; § 1, Ord. 1033-05, eff. October 6, 2005; § 1, Ord. 1035-05, eff. December 30, 2005; § 1, Ord. 1040-06, eff. June 1, 2006; § 2, Ord. 1049-07, eff. March 22, 2007; § 1, Ord. 1063-07, eff. December 6, 2007; § 2, Ord. 1068-08, eff. April 17, 2008; §§ 1, 2, Ord. 1081-08, eff. December 4, 2008; Ord. U-1112-12, eff. March 20, 2012; § 2, Ord. 1117-13, eff. May 2, 2013; Ord. No. 1195-21, eff. 6-17-2021; amended 5-2-2023 by Ord. No. 1211-23, eff. June 1, 2023]

(a) Resident Vehicle Permits.

(1) Resident vehicle permits may be granted to any resident of Santa Catalina Island, for an automobile or truck to be used for personal and commercial activities of the permittee. No more than one resident vehicle permit shall be issued per household except that resident vehicle permits issued prior to April 18, 1989 may continue to be renewed by the holders thereof provided that residency is consistently maintained or, in the case of a nonresident, ownership of real property in the City of Avalon is maintained without interruption.

(2) Resident vehicle permits issued to vehicles used exclusively for commercial purposes shall permanently expire on January 31, 1990 and shall no longer be eligible for renewal. Upon application therefor, and before April 1, 1990, such vehicles shall be issued commercial vehicle permits without the necessity of a hearing as would ordinarily be required under § 4-4.1703(b), except that after the initial one year effective term of such permits, all of the requirements of § 4-4.1703(b) shall be satisfied as a prerequisite of reissuance of the permits.

(b) Commercial Vehicle Permits. Commercial vehicle permits may be granted to any person, organization, partnership, trust or corporation for use in connection with a commercial enterprise located within the City limits or within three miles of the City limits, as follows:

(1) The following findings must be made in an affirmative manner:

a. The commercial vehicle for which a commercial vehicle permit is requested is necessary to the proper functioning of the commercial enterprise.

b. The commercial enterprise has no other vehicle or source of transportation that can reasonably satisfy its transportation requirements, including resident vehicles and commercial autoettes.

c. That the weight, size and nature of the vehicle meets the specific needs of the applicant as presented to the City and is compatible with the size and nature of the streets of the City and with respect to the characteristics and nature of an urbanized area consisting of narrow, steeply graded streets, significant pedestrian activity and a lack of parking spaces.

d. The commercial enterprise is a significant source of income to the applicant and not a side business or hobby, or the Hearing Officer determines that shared use of the vehicle by two or more businesses owned by the permittee is consistent with the purposes and goals of this chapter, or the vehicle is to be used on a full-time basis or exclusive basis for a business venture or ventures by the permittee.

(2) An applicant for a commercial vehicle permit shall hold a City of Avalon Business License at all times the vehicle permit is in effect.

(3) A commercial vehicle permit shall be valid for a period of one year only and at the expiration of said period, a new commercial vehicle permit may be issued only if all of the findings set forth in paragraph (1) hereof are made.

(4) The Hearing Officer or City Council may add conditions to any permit to assure that the applicant complies with the purposes and intent of this article and the regulations adopted pursuant thereto.

(5) The permittee of a commercial vehicle with commercial permits shall have overnight off-street parking for the commercial vehicle and shall not be parked on any public street or right-of-way between the hours of 7:00 p.m. and 6:00 a.m. unless the commercial vehicle is otherwise authorized to be so parked pursuant to the provisions of this title.

(6) Business entities or individuals whose activities are governed by Chapter 5-11 and Chapter 5-14 of Title 5 of this Code shall register all vehicles used in connection with such activities in accordance with this subsection.

(7) Non-commercial institutional uses or entities may be issued a commercial vehicle permit pursuant to the provisions of this subsection but need not hold a city business license.

(8) A commercial vehicle permit credit shall be issued to any person, organization, partnership, trust or corporation (i) for each valid commercial permit it surrenders to the City; or (ii) for each instance its name comes to the top of the commercial waiting list and it declines to apply for a commercial vehicle permit. The credit may be redeemed for a commercial vehicle permit at any time and without reference to the commercial vehicle waiting list by the holder on application therefor if the holder meets all of the criteria set forth in subsection (b)(1), subdivisions a through d and has remained active and annually renewed its Avalon business license since the credit issued. In the event that the credit holder fails to annually renew the business license, the credit shall automatically expire upon the expiration of the business license. Retroactive renewal of the business license shall not reactivate or reinstate the expired credit. The Vehicle Clerk, on written request, shall retroactively apply this provision to the period from May 15, 1989 to the effective date of this ordinance and issue a credit where he determines that a credit would have been due during that time period to a presently existing person or entity under these provisions.

(9) A restricted commercial vehicle permit credit shall be issued to any person, organization, partnership, trust or corporation which removes from service a passenger vehicle capable of transporting 50 or more persons which vehicle is used to provide sightseeing tours on Catalina Island. The credit shall be for the number of passenger seats of the vehicle removed from service. The credit may be redeemed for a commercial vehicle permit for a vehicle used for sightseeing tours which holds an equal or lesser number of seats as those credited, at any time and without reference to the commercial vehicle waiting list by the holder on application therefor, if the holder meets all the criteria set forth in subsection (b)(1), subdivisions a through d and the holder has remained active and annually renewed its Avalon business license since the credit issued. The holder will continue to be credited for any remaining seats. In the event that the credit holder fails to annually renew the business license, the credit shall automatically expire upon the expiration of the business license. Retroactive renewal of the business license shall not reactivate or reinstate the expired credit.

(c) Commercial Autoette Permits. One commercial autoette permit may be granted to any person, organization, partnership, trust or corporation for use in connection with a commercial enterprise located within the City limits or within three miles of the City limits, without being subject to a waiting period, as follows:

(1) The following findings must be made in an affirmative manner:

a. The commercial autoette for which a permit is requested is necessary to the proper functioning of the commercial enterprise.

b. The commercial enterprise has no other vehicles, autoette or other source of transportation that can reasonably satisfy its transportation requirements, including resident vehicles and autoettes.

c. That the autoette measures no more than 130 inches in length, including the front and rear bumpers.

d. The commercial enterprise is a significant source of income to the applicant and not a side business or hobby, or the Hearing Officer determines that shared use of the autoette by two or more businesses owned by the permittee is consistent with the purposes and goals of this chapter, or the autoette is to be used on a full-time basis or an exclusive basis for a business venture or ventures by the permittee.

e. Effective January 1, 2024 all purchase or lease agreements for new commercial autoettes must be for certified electric vehicles.

(2) An applicant for a commercial autoette permit shall hold a City of Avalon Business License at all times the permit is in effect.

(3) A commercial autoette permit shall be valid for a period of one year only and at the expiration of said period a new commercial autoette permit may be issued only on timely application therefor and after all of the findings set forth in subsection (c)(1) and (2) are made.

(4) The Hearing Officer or City Council may add conditions to the permit to assure that the applicant complies with the purposes and intent of this article and the regulations adopted pursuant thereto.

(5) Commercial autoettes permitted under this subsection (c) shall be provided by the permittee with overnight off-street parking and shall not be parked on any public street or right-of-way between the hours of 12:00 a.m. and 6:00 a.m.

(6) Noncommercial institutional uses or entities may be issued a commercial autoette permit pursuant to the provisions of this paragraph but need not hold a City business license.

(d) Temporary Vehicle Permits.

(1) A temporary vehicle permit may be granted to an applicant who demonstrates:

a. All of the following:

(i) A vehicle is needed within the City on a temporary basis for a specific project;

(ii) The applicant does not intend for the vehicle to remain parked on public streets, ways or alleys in the City on a permanent basis;

(iii) No other permitted vehicle or source of transportation can reasonably satisfy applicant's transportation requirements;

(iv) If the vehicle exceeds the length and/or width limitations set forth in § 4-4.1705, that the weight, length, width and nature of the vehicle is necessary for the proposed use, that a smaller vehicle cannot satisfy the applicant's transportation requirements and that the vehicle will not have a deleterious impact on traffic congestion, traffic safety, parking, and the City Manager or Vehicle Hearing Office makes such findings;

(v) The applicant possesses a valid Avalon business license and has paid applicable fees.

b. The Hearing Officer has denied the renewal of any permit under which the vehicle had been permitted in the City and an appeal to the City Council is pending; or

c. An existing permit has expired and the permittee is awaiting a hearing date for renewal; or

d. The permitted vehicle is removed from City streets for repair and a temporary replacement is needed while repairs are being made to the permitted vehicle; or

e. The permitted vehicle is experimental and terms and conditions are imposed requiring its operation and removal;

f. The applicant has submitted an application to California State Department of Motor Vehicles for a handicapped parking permit, which temporary permit shall entitle the permittee to utilize handicapped parking privileges while waiting action thereon. The City shall utilize a special sticker to signify that the holder thereof is entitled to utilize handicapped parking privileges and shall specify an expiration date not more than 30 days after the issuance date.

g. The applicant is a nonresident owner of real property improved with a residential unit(s) which is not used for transient rentals. The temporary permit may be issued only to a nonresident owner who is occupying such property and who would otherwise be required to comply with the provisions of subsection (g)(2) of this § 4-4.1703 regarding overnight parking on public streets and rights-of-way. Temporary permits issued pursuant to this subsection shall be for such period of time as determined by the City Council and shall be conditioned upon use of such autoette only by the permittee.

h. The applicant owns and operates a business located in the Pebbly Beach area and the closure of Pebbly Beach Road to pedestrians, most autoettes and motorcycles has resulted in a financial hardship, including but not limited to employee staffing, the ability to attract customers or transportation of materials and equipment, the applicant proposes to use the vehicle to transport employees, customers, equipment and materials to and from the business. As a condition of the permit, the permit issued pursuant to this subsection shall cease to be effective upon the reopening of Pebbly Beach Road to all autoettes and the vehicle shall be removed from Catalina Island within 15 days thereof unless the business operator is otherwise qualified for a permit for the vehicle. In addition, the temporarily permitted vehicle shall only be used for commercial purposes.

i. Temporary vehicle permits issued pursuant to this section to local contractors and businesses shall be subject to the following additional conditions:

(i) The vehicle may only be parked on City streets, alleys or public ways during permitted building hours and days;

(ii) The vehicle may only be used for the specific project or job described in a written application and no personal use is permitted;

(iii) The vehicle cannot be used in the interior unless the specific project or job requires interior travel as described in a written application;

(iv) The vehicle must be parked at the applicant's business or warehouse location overnight when not temporarily permitted. Parking at an off-street residential location does not satisfy this condition.

(v) When in use, the vehicle must display a uniquely colored, laminated permit issued by the City bearing the job location and dates of validity.

(vi) Payment of applicable fees.

(2) Except for permits pursuant to (d)(1)h., the City Manager or his designee is authorized to issue temporary vehicle permits, effective for a time period as determined to be appropriate by the City Manager, but in no event for more than one month. The City Manager may issue no more than three temporary permits to any one applicant or for any one vehicle during any twelve-month period. The foregoing limitations shall not apply to temporary permits issued pursuant to subsection 4-4.1703(d)(1)g to allow overnight parking on public streets and rights-of-way by nonresident property owners.

(3) Except with regard to temporary permits issued pursuant to subsection (d)(1)h which remain effective until Pebbly Beach Road is reopened, the Hearing Officer is authorized to issue a Temporary Vehicle Permit for a maximum period of six months, or in the case of a Temporary Vehicle Permit pursuant to subsection (d)(1)e for a maximum period of 12 months. Any such permit may be renewed upon the officer making the findings set forth in subsection (d)(1)a above.

(4) All vehicles with temporary vehicle permits shall be provided by the permittee with overnight off-street parking and shall not be parked on any public street or right-of-way between the hours of midnight and 6:00 a.m., unless otherwise provided in the permit.

(5) The vehicle shall be used only for the purposes for which the permit is issued. Conditions may be attached to the permit to assure that the applicant complies with the purposes and intent of this article and the regulations adopted pursuant thereto.

(6) The Hearing Officer shall have the authority to impose a fine for violations of the conditions and terms of a temporary permit, up to a maximum of $100 for the first violation; $200 for the second violation; and $300 for the third violation. In the case of temporary permits issued pursuant to (d)(1), the Vehicle Hearing Office shall have authority to permanently bar an applicant from receiving future temporary permits. Hearings on whether to impose such fines or permanently bar an applicant from receiving future temporary permits shall be conducted in the manner set forth herein for hearings.

(e) Public Service/Public Health and Safety Vehicle Permits.

(1) Public service vehicle permits may be granted by the Hearing officer for any vehicle owned and operated by the City, the County of Los Angeles, the State or Federal government; by electric, gas, water, or telephone companies certified by the California Public Utilities Commission, or by a religious institution that owns real property in the City of Avalon, provided the applicant demonstrates that the vehicle meets specific needs of the institution which cannot be met through another vehicle or source of transportation.

(2) Public health and safety vehicle permits may be granted to a private business for vehicles owned by such business if the Hearing Officer decides, based upon recommendation of any city or Los Angeles County agency, that such vehicle is reasonably necessary in order to protect the public health and safety, and no other vehicle is reasonably available to fulfill such need. The Vehicle Clerk may grant a public health and safety vehicle permit to a private individual employed by the Long Beach Unified School District as a bus driver for a vehicle that is used by such person primarily for the purpose of traveling to the Isthmus to provide such driving services.

(3) In granting such permits, the Hearing Officer shall determine whether an autoette will be sufficient to fulfill the public service/public health use, in which case the Hearing Officer shall so limit the permit. Even if the Hearing Officer determines that a full-sized vehicle is necessary, if the proposed vehicle to be permitted is oversized, the provisions of § 4-4.1705 shall apply.

(4) Except as provided herein, Public Service/Public Health and Safety permits shall be valid for a period of one year only and may be renewed at the end of the period only if all of the findings set forth in subsections (1) and (2) are satisfied. The foregoing shall not apply to City or County law enforcement, fire and emergency service vehicles which are owned by and registered to the public agency. Permits issued prior to the effective date of this ordinance must be renewed on or before November 1, 2005.

(5) In granting such permits, the Hearing Officer may impose such terms and conditions as appear appropriate to reduce the impact of the additional permitted vehicle, including but not limited to setting specific class, length, parking and other limitations or restrictions. Except as provided herein, vehicles permitted under this paragraph shall not be parked on any public street or right-of-way between the hours of 7:00 p.m. and 6:00 a.m. unless such vehicle is parked so as to be immediately available to on-call city or county law enforcement, fire, and emergency services personnel, on-call persons employed by electric, gas, water or telephone companies certified by the California Public Utilities Commission, or on-call hospital personnel. The Vehicle Hearing Officer shall direct the Vehicle Clerk when to utilize special permits to identify a vehicle bearing a public service permit which may not be parked on public streets between the hours of 7:00 p.m. and 6:00 a.m.

(f) Commercial Rental Autoette Permits. Business entities or individuals whose activities are governed by Chapter 5-11 and Chapter 5-14 of Title 5 of this Code shall register all autoettes used in connection with such activities and comply with subsections in accordance with this paragraph (c)(2), (4) and (5). Autoette permits may be granted for rental purposes to any person in possession of a valid permit under § 5-11.03, which permits shall continue to be effective until canceled by the holder thereof.

(g) Autoette Permits.

[Amended 4-7-2020 by Ord. No. 1187-20, effective 5-7-2020; 5-18-2021 by Ord. No. 1195-21, effective 6-17-2021]

(1) Per Dwelling Unit. Except as provided in Subsection (g)(9), one, and only one, autoette permit may be granted per dwelling unit as defined in this chapter. The permit shall be issued only where the dwelling unit is located within the City limits and only to a person who actually occupies or resides in the dwelling unit. An owner of a dwelling unit shall not be entitled to personally use an autoette permit issued for such unit unless the owner actually occupies or resides in the unit. Autoette permits may be requested by owners of hotels for transient occupants pursuant to Avalon Municipal Code § 5-11.03. In the event more than one autoette permit has been issued in connection with a dwelling unit to an occupant as of April 4, 1989, all but one of such permits shall not be eligible for renewal upon their normal date of expiration in 1993. An autoette permit that has previously been issued to an owner of a dwelling unit who does not actually occupy or reside in the subject dwelling unit is eligible for renewal if proof of dedicated off-street parking for the autoette is provided. Such autoette permits may also be transferred to a person who actually occupies or resides in the dwelling unit. If proof of dedicated off-street parking is not provided during the five-year expiration period, such autoette permit held by a nonoccupant or nonresident owner shall expire five years from the date when renewal is sought and proof of off-street parking has not been provided. A hardship exception may be granted if the following criteria is met by a nonoccupant or nonresident owner:

a. The autoette is needed regularly, and the need cannot be met by other means of transportation or by parking the autoette remotely;

b. No off-street parking space is available for the vehicle on the dwelling unit's premises or within a reasonable distance of the dwelling unit;

c. The dwelling unit's garage or other parking space has not been converted to or placed in other use without City permission; and

d. Another vehicle regularly parked on the dwelling unit premises cannot be displaced without equivalent hardship.

(2) Per Vessel Used as Principal Place of Residence. One, and only one, autoette permit may be granted, per vessel, to a person who has established residency in Avalon by making the vessel his principal place of residence for at least nine months, six of which have been while moored in the Avalon Harbor, and moored or anchored for the other three months within the adjacent waters from Long Point to Jew Fish Point, and who thereafter maintains the boat as his principal place of residence, moored within Avalon Harbor for at least six months of each year and within one mile of Catalina Island for the balance of the year. The applicant shall submit sufficient documentation to establish residency as set forth in § 4-4.1714(c).

(3) Autoette permits may be granted to a homeowners' association or similar nonprofit association pursuant to a condition of approval of a development project as a means of mitigating traffic and parking impacts created by the project. The association shall pool the permits for use by members of the association, who shall not be eligible to obtain individual autoette permits.

(4) Persons owning real property improved with a residential unit(s) who are nonresidents of Avalon at the time of application for an autoette permit and who acquired such real property on or after September 2, 1988, shall not be permitted to park such autoette on any public street or right-of-way between the hours of 2:00 a.m. and 6:00 a.m. except as permitted by a valid temporary permit issued pursuant to Subsection (d)(1)g of this § 4-4.1703 or except where the permittee holds a valid handicapped parking permit issued by the California Department of Motor Vehicles.

(5) Autoette permits may be granted for rental or commercial purposes to any person in possession of a valid permit under §§ 5-11.03 and 4-4.1703(b) of this Code.

(6) Resident vehicle permits may be used in lieu of an autoette permit upon compliance with the City's registration procedures.

(7) For purposes of Subsection (g)(1), "household" is defined in § 4-4.1714(d), and "dwelling unit" shall have the same definition as set forth in § 9-3.604 of Title 9, Chapter 3, Article 6.

(8) All permits issued pursuant to Subsection (g)(1) and (2) shall expire on April 1 of each year, and the permittee shall be required to demonstrate compliance with the requirements of this title in order to renew same.

(9) Autoette permits shall not be granted for "accessory dwelling units (ADUs)" or "junior accessory dwelling units (JADUs)," as defined in § 9-5.603 of Article 6 of Chapter 5 of Title 9 of the Avalon Municipal Code.

(10) Autoettes registered and permitted between February 1, 2021, and April 20, 2021, that are greater than 130 inches but less than 145 inches are prohibited to be sold or transferred. Once the autoette exceeds its useful life with its current registered owner, it is required to be removed from the City.

(h) Vintage Vehicle Permits. One vintage vehicle permit may be granted to any resident of the City and to any person who resides in a residence within three miles of the boundaries of the City in exchange for a resident vehicle permit(s) upon proof of ownership of one or more vehicles which are each more than 30 years old. The permit shall allow the permittee to use one such vehicle at a time and such permit shall be transferable to any vintage vehicle owned by the permittee. As a condition of the permit, the permittee shall provide overnight off-street parking for all vintage vehicles.

(i) Horse-Drawn Vehicle Permits. A horse-drawn vehicle permit may be issued by the City Council on a showing by the applicant that the operation of the vehicle will not adversely impact traffic, health and safety. The City Council may limit the number of such permits, and may condition any permit issued to mitigate the impacts of operation, including but not limited to designating the streets on which the vehicle may be operated and the times and days of operation permitted.

§ 4-4.1703.5 Types of Permits Issued to Persons and Entities.

[§ 7, Ord. 962-99, eff. June 3, 1999; § 1, Ord. 1005-02, eff. April 18, 2002; § 2. Ord. 1027-04, eff. November 18, 2004; § 1, Ord. 1050-07, eff. March 22, 2007]

(a) Interior Resident Vehicle Permits. An interior resident permit may be granted to the owner of any vehicle provided the owner resides in and the vehicle is permanently registered and garaged at an address more than three miles outside of the City's jurisdiction and on Santa Catalina Island. The permit shall expire automatically should the vehicle or owner no longer meet these requirements. Except as provided in paragraph (1) below, no more than two interior resident permits shall be issued per household. The maximum of two interior permits shall include those issued prior to April 18, 1989. While in the City, no vehicle bearing an interior resident vehicle permit shall be parked on any public street or public right-of-way between the hours of midnight and 6:00 a.m. Overnight parking of the vehicle within City limits, whether on public or private property, on more than an occasional basis, shall be grounds for revocation of such permit, unless the permit holder demonstrates good cause therefor. As used herein, good cause means unusual circumstances, such as family illness or similar circumstance, requiring a member of the permit holder's household to remain within City limits for not more than three consecutive days.

(1) Notwithstanding the two permit limit, the Vehicle Hearing Officer may issue additional interior resident vehicles to persons within the same household, provided the applicant and the vehicle otherwise meet the requirements of subsection (a) above, and the applicant demonstrates the following:

a. The transportation needs of the household cannot reasonably be met with the existing permitted or unpermitted vehicles;

b. Parking impacts of the additional vehicle(s) while in the City of Avalon are mitigated by appropriate conditions.

Any permits issued pursuant to this subsection (a)(1) shall be subject to annual renewal hearings to determine whether the foregoing requirements continue to be met.

(b) Interior Commercial Vehicle Permits. An interior commercial permit may be granted to any person, organization, partnership, trust or corporation whose primary commercial or institutional activities are conducted at an address on Santa Catalina Island outside of and more than three miles from the City of Avalon limits for use in connection with a commercial enterprise or institutional activity for any vehicle permanently garaged at an address on Santa Catalina Island, as follows:

(1) The following findings must be made in an affirmative manner: The applicant must make a sufficient showing that the interior commercial vehicle permit or permits requested are necessary to the proper functioning of the commercial enterprise and that no other vehicle owned or available to the applicant will satisfy the needs of the applicant's enterprise.

(2) The permit must be displayed and visible when the vehicle is within the City limits.

(3) An interior commercial vehicle permit shall be valid for a period of one year only and at the expiration of said period, may be renewed only if the findings set forth in paragraph (1) hereof are made. Except as set forth in subparagraph (i) below, new permits shall be issued only when an existing permit is revoked or is not renewed by the holder thereof.

a. Application may be made and the Vehicle Hearing Officer may issue an interior commercial vehicle permit without reference to the waiting list only upon affirmative finding of all of the following:

(A) The equipment and other real or personal property used in the applicant's commercial enterprise(s) are physically located at least four miles outside of the City of Avalon's jurisdictional limits;

(B) The sole source of income to the applicant from businesses located on Santa Catalina Island, excluding rents, is from a business located at least four miles outside of the City of Avalon's jurisdictional limits and the vehicle is necessary to the functioning of the business for reasons other than transportation of the applicant to the business location;

(C) The applicant shall not be entitled to any other full-sized vehicle permits or a commercial autoette permit, except that the applicant may be considered for a second interior commercial vehicle permit at such time that the applicant's name appears at the top of the Interior Commercial Vehicle waiting list and the Vehicle Hearing Officer makes the affirmative findings set forth in (b)(1) above.

(D) The applicant provides proof of the ability to comply with paragraph (b)(5) below.

(4) The Hearing Officer or City Council may add conditions to any permit to assure that the applicant complies with the purposes and intent of this article and the regulations adopted pursuant thereto.

(5) All vehicles bearing an interior commercial vehicle permit shall have overnight off-street parking and shall not be parked on any public street or right-of-way between the hours of 7:00 p.m. and 6:00 a.m. unless the commercial vehicle is otherwise authorized to be so parked pursuant to the provisions of this title.

(6) Non-commercial institutional uses or entities may be issued an interior commercial vehicle permit pursuant to the provisions of subsection (b) of this section.

(7) Resident vehicle permits, interior resident permits and commercial vehicle permits issued to commercial vehicles which qualify for an interior commercial vehicle permit may be exchanged for an interior commercial vehicle permit during the 1991 registration period. Upon application therefor, and before April 1, 1991, such vehicles shall be issued interior commercial vehicle permits without the necessity of a hearing as would ordinarily be required under this paragraph, except that after the initial one-year effective term of such permits, all of the applicable requirements of this paragraph shall be satisfied as a prerequisite of reissuance of the permits.

§ 4-4.1704 Maximum Number.

[§ 12, Ord. 926-96, eff. March 7, 1996; § 3, Ord. 1027-04, eff. November 18, 2004; § 1, Ord. 1082-08, eff. December 18, 2008; § 5, Ord. U-1151-16, eff. December 20, 2016; § 3, Ord. U-1152-17, eff. January 25, 2017; § 3, Ord. 1154-17]

(a) Resident Vehicle Permits. Except as provided herein, a new resident vehicle permit shall be issued only upon the expiration, nonrenewal or revocation of two such permits. A resident vehicle permit that otherwise would have expired or been nonrenewed as a result of the death of the permittee that is or may be transferred to a child of the permittee if the child establishes residency within one year as provided in § 4-4.1707(a)(2) shall be included and treated as if the permit was expired. However, in no event shall the total number of resident vehicle permits issued and outstanding exceed a maximum established by resolution of the City Council.

(b) Commercial Vehicle Permits. Commercial vehicle permits shall be issued only upon the expiration (including late fee period), surrender, nonrenewal or revocation of one of the same such permits, or upon the redemption of a permit for credit issued pursuant to the provisions of § 4-4.1703(b)(8).

(c) Interior Resident Vehicle Permits. The number of interior resident vehicle permits issued and outstanding shall not exceed the maximum established by resolution of the City Council.

(d) Interior Commercial Vehicle Permits. Except as set forth in § 4-4.1703.5(b)(3)(i), a new interior commercial vehicle permit shall be issued only upon the expiration, nonrenewal or revocation of one of the same such permits.

(e) (Reserved)

§ 4-4.1705 Maximum Length and Width.

[§ 2, Ord. 853, eff. January 4, 1990; as amended by § 14, Ord. 926-96, eff. March 7, 1996; § 4, Ord. 962-99, eff. June 3, 1999; § 1, Ord. 983-00 eff. September 14, 2000; § 1, Ord. 986-00, eff. October 19, 2000; Ord. 1007-02, eff. October 17, 2002; § 1, Ord. 1067-08, eff. April 3, 2008; § 1, Ord. 1096-10, eff. July 1, 2010; § 2, Ord. U-1151-16, eff. December 20, 2016]

Except as otherwise set forth below or unless the applicant demonstrates and the Hearing Officer finds, for non-autoette permits only, that (1) the weight, length, width and nature of a vehicle is necessary for the proposed use, (2) a smaller vehicle cannot satisfy the applicant's transportation requirements, and (3) the vehicle will not have a deleterious impact on traffic congestion, traffic safety, parking, and noise, no vehicle permit for any vehicle authorized by § 4-4.1703 shall be issued nor transferred pursuant to § 4-4.1707, unless the vehicle satisfies the following size limitations:

(a) No full-sized vehicle shall exceed 200 inches in length, including front and rear bumpers or 80 inches in width as measured from the widest part of the vehicle, including but not limited to, mirrors and door handles;

(b) Except as specified in subsection (1) and (2) below, an autoette permit shall not be issued for any vehicle that exceeds 55 inches in width, as measured from the widest part of the autoette.

(1) An autoette permit may be issued to an otherwise qualified person for an electric-powered autoette that meets the definition of "Low-Speed Vehicle/Neighborhood Electric Vehicle" as defined in either California Vehicle Code § 385.5 or 49 CFR 571.500 as it existed on January 1, 2010, provided such vehicle is registered with the California Department of Motor Vehicles, has a length of 138 inches or less, including front and rear bumpers, and a width of 67 inches or less, as measured from the widest part of the vehicle, but not including mirrors or door handles."

(2) An autoette permit may be issued to an otherwise qualified person for a SmartForTwo, Scion or "micro-cars" provided such vehicle is registered as a motor vehicle with the California Department of Motor Vehicles and has a width of 67 inches or less, as measured from the widest part of the vehicle, but not including mirrors or door handles and a length no greater than 120.1 inches.

The foregoing shall not apply to any full-sized vehicle that exceeds the maximum length or width for which a resident vehicle permit (blue sticker) was issued as of January 1, 1989, and shall not prevent renewal of such permits provided that the vehicle remains in the ownership and possession of the permit holder of record as of that date; nor shall it apply to any full-sized vehicle or autoette which exceeds the maximum width for which a vehicle permit was issued prior to June 1, 1999, and shall not prevent renewal of such permits provided that the vehicle remains in the ownership and possession of the permit holder of record as of that date.

All measurements specified above shall be based on the vehicle as originally equipped by the manufacturer pursuant to the requirements of California Vehicle Code § 28001. No vehicle that exceeds the length limitation specified above for which a resident vehicle permit or autoette permit, as applicable, was first issued after April 18, 1989 shall be parked on public streets between the hours of midnight and 6:00 a.m. No vehicle that exceeds the width limitation specified above for which a residence vehicle permit or autoette permit, as applicable, was first issued after June 5, 1999, shall be parked on public streets between the hours of midnight and 6:00 a.m.

§ 4-4.1705.1 Replacement of Vehicles.

[§ 3, Ord. U-1151-16, eff. December 20, 2016; § 2, Ord. U-1152-17, eff. January 25, 2017; § 2, Ord. 1154-17]

The holder of a valid vehicle permit may replace the vehicle with a vehicle in the same category, provided that the replacement vehicle is within the size limits established by § 4-4.1705(a). An oversized vehicle that has been issued an oversized vehicle permit may not be replaced by a larger vehicle. No exceptions to this oversized vehicle rule may be made by the Vehicle Clerk, the Vehicle Hearing Officer, or any other person.

§ 4-4.1706 Hearings.

[§ 15, Ord. 926-96, eff. March 7, 1996]

Applications for the issuance, renewal, transfers or modification of permits or commercial vehicle credits shall be submitted to a Vehicle Clerk, who shall be designated by the City Manager. Proceedings to review applications for vehicle permits and all other proceedings, except as otherwise provided, shall be conducted by a Hearing Officer appointed by the City Council. The Hearing Officer, and where applicable, the Vehicle Clerk, shall have the authority to act upon the issuance, renewal, transfer, modification and revocation of vehicle permits, commercial vehicle credits and imposition of fines pursuant to the standards and criteria set forth in this article and pursuant to the procedures adopted by resolution of the City Council. Any decision of the Vehicle Clerk may be appealed to the Hearing Officer, and any decision of the Hearing Officer may be appealed to the City Council pursuant to Chapter 1-4 of Title 1 of the Avalon Municipal Code, except a decision as to whether a hearing is required, which decision may be appealed to the City Manager who may decide such appeal on written statements only.

§ 4-4.1707 Transfer of Permits.

[§§ 17 — 20, Ord. 926-96, eff. March 7, 1996; § 8, Ord. 962-99, eff. June 3, 1999; §§ 2, 3, Ord. 983-00, eff. September 14, 2000; § 1, Ord. 1032-05, eff. July 21, 2005; § 2, Ord. 1050-07, eff. March 22, 2007; §§ 1, 2, Ord. 1079-08, eff. December 4, 2008]

As used in subsections (a), (c), (d) and (g), "transfer" means use of the permitted vehicle by anyone other than persons residing in the permit holder's household on more than a temporary or occasional basis. As used in subsections (b), (c) (if the temporary permit is issued to for a commercial purpose), (f) and (i), "transfer" means use of the permitted vehicle by persons employed by the commercial enterprise to which the permit was issued for purposes which are not related to the commercial enterprise on more than a temporary or occasional basis, or the use of the permitted vehicle by persons who are not employed by the commercial enterprise or who are not members of the permittee's household.

(a) Resident Vehicle Permits. No resident vehicle permit issued under § 4-4.1703(a) shall be transferred or assigned from the permittee to any other person or from the vehicle to which it is issued to any other vehicle, except where the transfer complies with all requirements applicable to the issuance of such a permit, except as provided below, including but not limited to § 4-4.1703(a)(1):

(1) The permit is transferred from a vehicle removed from the City or otherwise permitted under this chapter to another vehicle owned by the same person, except that under no circumstances shall the permit be transferred to a vehicle in excess of the size limitation of § 4-4.1705 unless the findings of that section are satisfied; or

(2) The permit is transferred by operation of law or judicial decree (a) upon the death of the permittee to the permittee's surviving spouse or a child of the deceased aged 16 years or older who is a resident of Avalon at the time of the decedent's death or who establishes such residency within one year of the decedent's death; or (b) on dissolution of marriage to one of the spouses, provided the spouse to whom the permit is transferred is a resident at the time of transfer, or, if the permit was issued prior to April 18, 1989, the spouse is the owner of real property in the City. In cases where more than one child is qualified to receive a transfer under this provision but there is no will or other instrument specifying to which child the transfer will be made, and the children cannot decide between themselves, then the issue will be decided by a coin toss or other method of chance.

(3) The permit was issued prior to April 18, 1989 and is transferred to an adult child of the permittee who is not living with the permittee, and who is a resident at the time of transfer of the resident vehicle permit.

(4) The permit is transferred by will or other devise to his or her birth or adoptive parent, by an adult child who predeceases the parent, provided the parent is a resident at the time of death of the child. Where more than one parent is qualified to receive a transfer under this provision but the parents live in separate households and the child does not specify in a will to which parent the transfer will be made, and the parents cannot decide between themselves, then the issue will be decided by a coin toss or other method of chance.

(b) Commercial Vehicle Permits and Credits. Commercial vehicle permits and credits shall not be transferred or assigned, except:

(1) Upon the sale or transfer of a commercial enterprise, or a portion of a multiple commercial enterprise which constitutes a separate and complete business subject to meeting the criteria contained in § 4-4.1703(b); or

(2) From one vehicle to another in ownership or lawful possession of the same permittee, as long as the vehicle from which the permit is transferred is removed from the City or otherwise permitted under this chapter, the new vehicle is used for the same business as the vehicle from which the permit is transferred, and the new vehicle is not in excess of the size limitation of § 4-4.1705, unless the findings of that section are satisfied.

Transfers or assignments pursuant to paragraph (b)(1) hereunder require a hearing pursuant to § 4-4.1703(b) prior to the transfer of the permit; transfers or assignments pursuant to paragraphs (a)(1), (2) and (3) and (b)(2) do not require a hearing except as otherwise required under § 4-4.1705, except that the Vehicle Clerk may request documentation or other proof of qualification prior to a transfer under those sections.

(c) Temporary Vehicle Permits. No temporary vehicle permit shall be transferred or assigned.

(d) Autoette Permits. Autoette permits shall not be assigned or transferred except:

(1) From one autoette to another in ownership or lawful possession of the same permittee, as long as the autoette from which the permit is transferred is removed from the City or otherwise permitted under this chapter, and the new autoette is not in excess of the size limitations of § 4-4.1705, or if the permit is issued and used pursuant to the conditions of approval of a development agreement project pursuant to § 4-4.1703(f). Notwithstanding § 5-11.03, the owner of a rental unit in a residential dwelling who is otherwise entitled to the permit may grant use of the autoette without separate charge to any occupant of the rental unit during the rental period, in which event the owner shall be responsible for ensuring compliance with all state insurance requirements applicable to such use. No person shall arrange or participate in the use of an autoette by the renter of one household where the permit for the autoette was issued to a different household, except that this shall not prohibit a permittee or assignee from allowing temporary use of the permitted vehicle by friends or family members.

Transfers or assignments hereunder do not require a hearing except as otherwise required under § 4-4.1705.

(e) Intentionally Omitted.

(f) Interior Commercial Vehicle Permits. Interior commercial vehicle permits may be temporarily transferred to other interior residents and other entities and persons which operate interior commercial business and institutions as determined by the holder of the permit.

Interior commercial permits shall not be assigned, except upon the sale or transfer of a commercial enterprise, subject to meeting the criteria contained in § 4-4.1703.5(b) (1).

(g) Vintage Vehicle Permits. Vintage vehicle permits shall be transferable by the permittee only to other vintage vehicles owned by the permittee. The permittee shall provide a list of all vintage vehicles owned at the time of permit issuance.

(h) Horse-Drawn Vehicle Permits. Horse-drawn vehicle permits are not transferable.

(i) Commercial Autoette Permits. No commercial autoette permit shall be transferred or assigned.

(j) Public Service Permits. Public service permits issued pursuant to § 4-4.1703(e) shall not be transferred or assigned except:

(1) From one vehicle to another in ownership or lawful possession of the same permittee, as long as the vehicle from which the permit is transferred is removed from the City or otherwise permitted under this chapter, the new vehicle is used for the same activities as the vehicle from which the permit is transferred, and the new vehicle is not in excess of the size limitations of § 4-4.1705, unless the findings of that section are satisfied.

Transfers or assignments hereunder do not require a hearing except as otherwise required under § 4-4.1705.

§ 4-4.1708 Revocation of Permits.

[§ 3, Ord. 853, eff. January 4, 1990]

The Hearing Officer, and the Council on appeal therefrom, have the power to revoke or suspend any vehicle permit granted pursuant to provisions of this article upon determining that:

(a) The permit holder has violated any provision of this chapter or any conditions of permit approval.

(b) The permit holder, following the issuance of the permit, has either been convicted of, entered a plea of nolo contendere to, or failed to appear before the appropriate court with respect to a violation of this chapter.

(c) The permit holder of any resident vehicle permit, interior resident vehicle permit or autoette permit ceases to satisfy the residency or property ownership requirements contained in this chapter.

(d) The vehicle is parked in an inoperable condition for a continuous thirty-day period on a public street.

Prior to any such revocation or suspension the Hearing Officer, and the Council on appeal therefrom, shall give the permit holder or his authorized representative an opportunity to present facts in opposition thereto. Upon any revocation, the vehicle shall be removed from the City within 30 days.

§ 4-4.1709 Modification of Conditions.

After a vehicle permit has been granted or renewed under this article, any conditions which may have been imposed upon the permit holder may be modified by the Hearing Officer upon application of the permit holder. Any such modifications may be made upon the officer's determination that:

(a) The permit holder has demonstrated a necessity for the modifications.

(b) The modifications will not be detrimental to the public health, safety and welfare.

(c) The modifications are not contrary to the original intent of the initial approval.

§ 4-4.1710 Permit Affixing Regulations.

No person, firm or corporation shall affix a vehicle permit issued pursuant to this article to any vehicle other than the vehicle for which the permit was issued, except as permitted according to this article, nor shall any person, firm or corporation affix to any vehicle a permit not properly issued pursuant to this article.

§ 4-4.1711 Penalty: General Provisions.

Except as provided in § 4-4.1703(c)(6), a violation of any of the provisions of this article shall be a misdemeanor and shall be punishable by a fine of not more than $500 and/or imprisonment for a period not exceeding six months.

§ 4-4.1712 Penalty: Alternative Provisions.

[§ 2, Ord. 1145-15, eff. December 17, 2015]

An operable vehicle which is found on a City street without a current bona fide City vehicle permit shall be subject to citation, impoundment, towing to, and storage in the nearest available safe place, or shall be immobilized by a wheel lock. All costs incurred in impounding, towing, or immobilizing a vehicle shall be borne by the vehicle owner. The subsequent disposition of such a vehicle shall be determined as follows:

(a) If such a vehicle is currently legally registered in any State in the United States, the City shall ascertain the owner's address and notify same by certified mail with return receipt requested or by United States Postal Service Certificate of Mailing, that the vehicle is in violation of the City's permit requirements and has been impounded or immobilized for such offense. The notice shall further inform the owner that he shall have 15 days from receipt of the notice to secure a permit from the City and that if no such permit is timely secured that the vehicle shall be shipped to the port of San Pedro and thereafter towed to and stored in the nearest available safe place. The owner or owner's authorized representative shall be able to resecure possession of such vehicle upon payment to its bailor for all costs incurred in towing, immobilizing, caring for, shipping and storing the vehicle. If the owner or owner's authorized representative does not so resecure possession within 30 days the vehicle shall be disposed of pursuant to Civil Code § 3068.1 et seq.

(b) If such a vehicle is not currently registered in any State of the United States, it shall be kept in a safe place for 30 days and, if not claimed by such time, shall be deemed an abandoned vehicle and disposed of pursuant to California Vehicle Code Sections§§ 222851 et seq. If the owner or owner's agent does not claim the vehicle within 30 days, the vehicle shall be shipped to the port of San Pedro and thereafter towed to and stored in the nearest safe place. The owner or owner's authorized representative shall be able to resecure possession of the vehicle upon payment to its bailor for all costs incurred in towing, immobilizing, caring for, shipping and storing the vehicle. If the owner or owner's authorized representative does not so resecure possession within 30 days the vehicle shall be disposed of pursuant to Civil Code § 3068.1 et seq.

§ 4-4.1713 Vehicle Noise.

[§ 2, Ord. 977-00, eff. April 6, 2000; §§ 1, 2, Ord. 1053-07, eff. June 14, 2007]

(a) Prohibited Installations and Noise Limits. It shall be unlawful for any person to own or operate an autoette which has a speaker or speakers or other sound amplification device mounted, fixed or secured and directs or points the sound away from the occupants or toward the outside of the autoette. Except as provided herein, it shall be unlawful for any person to operate an automobile, truck, motorcycle or autoette on any street or public right-of-way, or on any private street or right-of-way designated in § 4-4.1301, and within the City limits, if the operation of said automobile, truck, motorcycle or autoette generates a sound level which is unreasonably loud, offensive, or excessive to a person with normal hearing sensitivity. A sound level which exceeds the following measurements shall be conclusive proof of an unreasonable sound level under this section: (1) Any motor vehicle with a manufacturer's gross vehicle weight rating of 6,000 pounds or more and any combination of vehicles towed by such motor vehicle - 82 dB; (2) Any motorcycle other than a motor driven cycle - 77 dB; (3) Any other motor vehicle and any combination of vehicles towed by such motor vehicle - 74 dB.

Measurement of decibels levels shall be made pursuant to the testing procedures set forth in subsection (b) herein.

(b) Testing Procedure.

(1) Instrumentation. Noise levels shall be measured by a sound level meter which meets ANSI SI.4 Type 1-IEC 651 or ANSI S1.4 Type 2-IEC651 requirements of the American National Standard Specifications for Sound Level Meters and which has been calibrated with an accuracy of + or - 0.5 dB within the time period recommended by the manufacturer.

(2) Test Site; Local Conditions. Measurement shall be made after the vehicle travels for a distance of at least 20 feet and is at a constant speed of between 15 and 20 m.p.h. in an open space which consists of a reasonably flat area made of concrete, asphalt, or other hard material having a high acoustical reflectivity. Ambient noise levels at the measuring site during such testing shall be at least 15 dB less than the maximum measurement permitted hereunder for the vehicle to be tested.

(3) Measurement. At least one measurement shall be made. Additional measurements may be taken if the vehicle to be tested is not driven at constant speeds or for the distance specified above. The measurement shall be made by holding the instrument at waist level, directed at the vehicle as it passes and from a distance of 25 feet from the vehicle.

(4) Statement of Results. A test report shall be made which includes all relevant details regarding the testing, including identification of the vehicle tested, the type of vehicle, a description of abnormal conditions, the location of the test site, ground conditions and weather conditions, measurement instrumentation, location and orientation of the instrument, sound level determined by the test(s), and the background sound level at each measuring point.

(c) Violations. Violations of this section shall be punishable as an infraction. All violations shall be subject to a correction notice in accordance with the provisions of Vehicle Code § 40610. A first violation shall be subject to a $50 fine; a second violation within one year shall be subject to a $75 fine; each additional violation within one year shall be subject to a $150 fine. In addition, no vehicle permit may be issued for an autoette which contains sound amplification installations in violation of this section.

§ 4-4.1714 Definitions.

[§ 2, Ord. 857, eff. June 14, 1990; § 2, Ord. 894-U-93, eff. March 23, 1993; § 2, Ord. 895-93, eff. May 6, 1993; § 20, Ord. 926-96, eff. March 7, 1996; § 3, Ord. 962-99, eff. June 3, 1999; § 1, Ord. 976-00, eff. March 17, 2000; § 1, Ord. 982-00, eff. August 10, 2000; § 1, Ord. 990-01, eff. February 1, 2001; § 2, Ord. 1055-07, eff. April 19, 2007; § 2, Ord. 1096-10, eff. July 1, 2010]

The following words and phrases shall have the following meanings when used in this article:

(a) AUTOETTE – Shall mean any of the following: (1) a motor vehicle having three or more wheels in contact with the ground, and an overall length of no greater than 130 inches, including the front and back bumpers, without regard to classification or designation of such vehicle by the Department of Motor Vehicles, but shall not include any motor vehicle that is an "all-terrain vehicle" as defined in California Vehicle Code § 111 or (2) a vehicle that qualifies for an autoette permit pursuant to the exceptions set forth in § 4-4.1705. Holders as of February 1, 2007, of a residential autoette permit issued for use of a motor vehicle which falls within the definition of "all-terrain vehicle" as set forth in California Vehicle Code § 111 shall be entitled to renew the permit, provided such vehicle is and continues to be registered with the Department of Motor Vehicles for use on public streets; however, these permits shall not be transferable, and purchasers or assignees of the vehicle shall have no right or entitlement to a residential autoette permit for the all-terrain vehicle. The method of measurement of autoettes shall be performed by the Vehicle Clerk in accordance with policies adopted by the City Council. The provisions of § 4-4.1705 regulating the width of autoettes shall also apply. Autoettes which exceed the length limitation specified herein that were permitted by the City prior to November 7, 1995, shall be exempt from the length limitations set forth herein. The exemptions shall apply to the autoette, regardless of ownership transfers. Vehicles classified as motorcycles by the Department of Motor Vehicles which would be classified as "autoettes" hereunder but were issued a permit by the City prior to February 1, 2000, including a temporary permit pursuant to § 4-4.1703(d), shall be subject to the definitions and rules for "autoettes" upon the transfer of ownership of the vehicles.

[Amended 5-18-2021 by Ord. No. 1195-21, effective 6-17-2021]

(b) RESIDENT – Shall mean any person who maintains a principal place of residence within the boundaries specified in any provision under this article and who lives in such residence on more than a temporary, occasional or transient basis. Any person who spends in the aggregate more than nine months of any twelve-month period within the boundaries specified in any provision under this article shall be presumed to be a resident thereof. However, this presumption may be overcome by proof that the person is within the boundaries specified in this article only for a temporary, transient, or occasional purpose even though the length of time during which the person is within the specified boundaries is greater than nine months.

(c) PRINCIPAL PLACE OF RESIDENCE – Shall mean the place where a person resides when not called elsewhere for labor or some other temporary or special purpose and to which one returns and remains. When a person is called elsewhere for labor or some other temporary or special purpose, no one other than persons residing at the permit holder's principal place of residence shall use the permitted vehicle. Violations of this provision shall result in revocation of the permit pursuant to the procedures specified herein.

(1) The following are evidence of principal residency:

a. Voter registration at the residence address;

b. Homeowner or renter tax exemption or homestead declaration taken at the residence address;

(2) The following are further evidence of principal residency in the City:

a. Full-time employment in the City or its immediate environs (in the case of Resident Vehicle Permits);

b. Attendance of minor dependents at a primary or secondary school in the City; and,

c. Declaration of residence in the City on tax returns or other official documents necessary to obtain a license, benefit or other privilege.

(d) HOUSEHOLD – Shall mean all persons residing in a dwelling unit.

(e) OWNERSHIP OF PROPERTY – Shall mean a recorded interest in real property that consists of title, whether legal or equitable, held solely or jointly with others.

§ 4-4.1715 Administration.

The City Council shall adopt, by resolution, administrative procedures for the implementation and administration of this article and may amend said resolution from time to time. Said resolution may set fees for the issuance, renewal and transfer of permits pursuant to this article. The fees imposed shall be used to offset the costs of administering the vehicle permit program and to mitigate the City's traffic and parking problems.

§ 4-4.1716 Vehicle Markings.

[Added 2-20-2024 by Ord. No. 1217-24, eff. March 21, 2024]

All vehicles issued commercial autoette permits, commercial vehicle permits, interior commercial vehicle permits, and public service/public health and safety vehicle permits shall be clearly marked with the legal name or fictitious business name, as stated on the vehicle permit application. The markings shall be clearly visible utilizing minimum one inch (1") lettering.