[Amended 9-20-2004 by Ord. 2004-13]
[Amended 3-27-2011 by
HO-2011-01]
For the purposes of this article IV, the following words shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:
The City Administrator or his/her designee.
Any portion of a public street adjacent to a minimum of 20 linear feet of curb where a vehicle could park or remain standing without significantly obstructing the flow of traffic, except where parking or standing would be prohibited by State law or this Code, other than this article IV.
A single-use permit issued by the City to a resident which authorizes a guest of the resident of a specific residential parking permit area to park a vehicle in that residential parking permit area for a limited time during a parking permit term without violating this article IV.
An automobile, truck, recreation vehicle, motorcycle, or
other motor-driven or self-propelled form of transportation, except
for vehicles exceeding a certain size, weight, and/or carrying capacity
that may be prohibited from parking on any public street.
A dwelling unit.
An individual who lives or resides in a structure approved
for residential occupancy can demonstrate occupancy of this residence
and uses this residence as their primary dwelling.
A contiguous or nearly contiguous area open to the public
containing streets and highways and parking spaces for the public,
all primarily abutted by residential property or residential and non-commercial
property (such as schools, parks, churches, hospitals and nursing
homes).
A permit issued by the City to a resident for a particular vehicle which authorizes the vehicle to be parked in a specific residential parking permit area during a parking permit term without violating this article IV.
A residential district where curbside parking on public streets and highways is limited to not more than 30 consecutive minutes per day, unless the vehicle properly displays a parking permit authorized by this article IV.
A resident/applicant to whom the City has issued a residential
parking permit to be used on a vehicle that the resident/applicant
owns or principally operates.
A parking permit issued to a caregiver or other person who
cannot satisfy the requirements for a residential parking permit but
can demonstrate reasonable necessity or hardship justifying the issuance
of multi-use permit.
Any mobile unit whether or not it is self-propelled and designed
to travel on the public roads.
[Amended 4-21-2014 by
HO 2014-04]
A.
Minimum size.
(1)
A residential parking permit area shall be, at minimum:
(a)
One or both sides of the entire length of a street;
(b)
One or both sides of a street between two intersections or between
an intersection and the dead-end termination of the street;
(c)
One or both sides of less than an entire residential street,
but at least 100 contiguous feet; or
(d)
The entirety of a cul-de-sac.
(2)
The City retains all authority and discretion to create, extend,
reduce, reconfigure, consolidate or terminate any residential parking
permit areas.
B.
Notice and hearing.
(1)
In order for the City Council to determine whether a residential district, or any portion thereof as described in subsection A, shall be designated, or shall continue to be designated, as a residential parking permit area, the City Administrator shall conduct, upon the City Administrator's initiative or upon a petition signed by a majority of the residents in the district, or the portion thereof, a public hearing prior to such designation and prior to the withdrawal of such designation.
(2)
A notification shall be prominently posted and/or mailed to every
residence in the proposed or existing residential parking permit area.
(3)
During a public hearing held pursuant to this section, any interested
person shall be entitled to appear, to be heard, and to submit a written
statement for the record.
C.
Survey. To enable the City Council to determine whether a residential
district, or portion thereof, shall be designated, or shall continue
to be designated, as a residential parking permit area, the City Administrator
shall conduct a block-by-block parking survey of the proposed, or
existing, residential parking permit area.
D.
Criteria. In determining whether an area may be a residential parking
permit area, and whether conditions are to be imposed, the City Administrator
shall consider factors including but not limited to the following:
(1)
The extent that legal on-street parking spaces are occupied by vehicles
during the period proposed for parking restrictions;
(2)
The extent that vehicles parking in the area during the period proposed
for parking restrictions are commuter vehicles;
(3)
The extent that residents cannot obtain adequate curbside parking
adjacent to or near their residences because of widespread use of
available curbside parking spaces by others;
(4)
The number of off street parking spaces available to residences in
the area;
(5)
The extent that the designation of a residential parking permit area
would be likely to reduce traffic congestion and any other problems
referred to above;
(6)
The extent and need for parking by the general public in the residential
district; and
(7)
The extent that no reasonable alternative is feasible or practicable
that would reduce parking problems and any other problems referred
to above without unduly impacting surrounding residential areas.
E.
Designation/withdrawal process.
(1)
Within 30 calendar days following the close of the public hearing,
the City Administrator shall recommend by written report to the City
Council, based on the record of the public hearing and the results
of the survey, whether to designate the residential district or portion
thereof under consideration as a residential parking permit area or
whether to withdraw the designation of an existing residential parking
permit area. The report also shall demonstrate that the City Administrator,
in making the recommendation, has taken into account the criteria
enumerated above. The report shall recommend the number of permits
to be issued to each residential parking permit area as a whole and
the number of permits to be issued to each address in the residential
parking permit area.
(2)
Within 30 calendar days following its receipt of the report, unless
the City Council shall vote otherwise, the City Administrator's recommendations
shall be effective as to the residential parking permit area.
(3)
Nothing in this section shall limit the authority of the City Council
over residential parking permit areas.
(4)
The City Council or the City Administrator may limit the number of
permits issued to all the addresses in a particular residential parking
permit area to accomplish the purpose and intent of this article.
F.
Number of permits per residence.
(1)
The City Administrator or their designee shall determine the total
number of residential parking permits that may be issued per residence
within a residential parking permit area, taking into consideration
the total number of residences and parking spaces, both on-street
and off- street, within the particular area.
(2)
In making their determination, the City Administrator or their designee
shall may reduce the total number of permits that may be issued in
an area by approximately 10% to accommodate guest parking.
(3)
The number of residential parking permits per residence in a residential
parking permit area shall be no less than one or no more than four,
except in specific cases where the number of permits available to
a particular residence may be adjusted pursuant to paragraphs (4)
and/or (5) of this Subsection.
(4)
If the demand for permits in a residential parking permit area is
likely to exceed the total number of off-street parking spaces, the
City Administrator or their designee may reduce the number of residential
parking permits available to residences with off-street parking by
an amount no greater than the total number of off-street parking spaces
at each particular residence.
(5)
Upon a showing of reasonable necessity or hardship, the total number
of residential parking permits that may be issued to a particular
residence may be increased at the discretion of the City Administrator
or their designee who shall take into consideration the nature of
the person's applicant's particular circumstances and the potential
impact on the affected residential parking permit area.
(6)
Any exception granted under this Subsection shall expire with the
permit issued unless the person applicant for which the exception
was granted demonstrates that a reasonable necessity or hardship continues
to exist.
G.
Duration of parking permits.
(1)
All residential parking permit areas shall operate on two year terms, during which permits issued pursuant to this article IV for the particular term remain valid.
(2)
Upon the expiration of a two-year term for a particular residential parking permit area, all permits issued pursuant to this article IV for that term and area also expire and become immediately invalid, and the next two-year term begins.
(3)
The City Administrator or their designee shall establish a month
and year for each residential parking permit area upon which the first
term for that area shall commence, and the beginning of that term,
and every subsequent term for that area, shall be on the first day
of that month.
(4)
Upon the commencement of the first term as set forth in paragraph (3) of this Subsection, all permits issued for the particular area pursuant to this article IV prior to that date, other than those issued and designated for the first term, shall immediately become void and invalid.
(5)
Until the first term of a residential parking permit area commences as set forth in paragraph (3), the existing provisions of this article IV governing that residential parking permit area prior to the effective date of this ordinance shall remain in effect.
(6)
Parking permits issued for the term immediately following the current
term may be issued prior to the expiration of the current term, and
such permits shall become valid and may be used up to 30 calendar
days prior to the expiration of the current term.
H.
Posting of residential parking permit area.
(1)
Within 60 calendar days following the effective date of the City's
designation or withdrawal of designations, but before any parking
restrictions go into effect and/or any enforcement takes place, appropriate
parking signs shall be erected or moved in the designated area.
(2)
Residential parking permit area signs shall indicate prominently
display the following information:
I.
Notice to residents of designation of residential parking permit
area. Following the effective date of the designation, the City Administrator
shall provide to every residence within the designated residential
parking permit area a Notice of Designation that shall inform the
residents in the designated area of:
(1)
The existence, exact location and numerical designation of the residential
parking permit area;
(2)
The parking restrictions applicable to all vehicles in curbside parking spaces along public streets and highways in the designated area that do not properly display a parking permit authorized by this article IV; and
(3)
The procedures to obtain a residential or guest parking permits.
J.
Withdrawal of designation.
(1)
Following City action to withdraw the designation of an existing
residential parking permit area, the City Administrator shall provide
to every residence within the existing residential parking permit
area a notice of the Council's withdrawal of the designation. Said
notice shall specify the effective date of the withdrawal of the designation.
(2)
The effective date of the withdrawal of the designation of an existing
residential parking permit area shall ordinarily be 30 days following
the date of the City's action to withdraw the designation.
A.
Application.
(1)
The applicant is to provide at a minimum the following for each motor
vehicle to receive a residential parking permit:
(a)
The name and residential address of the owner of the vehicle;
(b)
The name, residential address and driver's license number of
the principal operator of the vehicle;
(c)
The make, model, license plate number and vehicle identification
number of the vehicle;
(d)
The number of off-street parking spaces at the applicant's residence;
and
(e)
The signature of the applicant for the residential parking permit.
(2)
The applicant shall demonstrate proof of residency in the particular
area, which may include but is not limited to utility bills, lease,
driver's license, title, etc., and verification of the resident being
the principal driver of the vehicle in a manner determined by the
City Administrator.
(3)
The applicant for, and holder of, the residential parking permit
shall be the owner or principal operator of the vehicle receiving
the parking permit.
(4)
Subject to the limitations outlined in this article IV, upon the applicant's submission of a completed and validated residential parking permit application, and fulfillment of all applicable provisions of this article IV controlling issuance, or transfer of residential parking permits, the applicant may receive one or more residential parking permits as set forth in § 114-28 for the motor vehicle(s) described in the application.
C.
Exceptions for active military and students.
(1)
The Supervisor of the Office of Code and Parking Compliance shall waive the requirement of Subsection B(3) of this section for active duty military personnel and current students.
(2)
An applicant may appeal the denial of a request for a waiver under
this Subsection, in writing, to the City Administrator or their designee.
D.
Issuance of permits for vehicles with unpaid citations prohibited. Notwithstanding any other provision in this article IV, no residential parking permit shall be issued for any vehicle for which a fully-adjudicated citation issued by the City remains unpaid or to any person while a citation for any fully-adjudicated violation of this article IV remains unpaid.
[Amended on 3-27-2011 by HO-2011-01]
A.
Issuance of guest permits.
(1)
A resident or owner of rental property on a residential street within
a residential parking permit area may apply for and receive, guest
parking permit booklets containing 50 one-day guest permits and one
five-day guest permit.
B.
Application.
(1)
A person may, but is not required to, apply for guest permits in
the same application for a residential parking permit.
(2)
A person need not apply for or possess a residential parking permit
to apply for guest parking permits; however, each applicant for guest
permits must provide, at minimum, the following:
(a)
Name and residential address of the applicant;
(b)
Proof of residency in the particular residential parking permit
area, which may include but is not limited to utility bills, lease,
driver's license;
(c)
The number of off-street parking spaces at the applicant's residence;
(d)
The permit numbers of any residential parking permits that have
been issued to persons living or residing in that residence for the
current or next parking permit term for that parking permit area;
and
(e)
The signature of the applicant.
C.
Use of guest permits.
(1)
Each guest permit can only be used once, and before any guest permit
may be used, the date and time that the permit will become effective
must be recorded in the appropriate place on the permit.
(2)
One-day guest permits, when used, remain valid for 24 hours; five-day
guest permits, when used, remain valid for 120 hours.
(3)
Guest permits, regardless of the denomination, may not be used more
than three consecutive times on a single vehicle.
[Amended on 3-27-2011 by HO-2011-01]
A.
Issuance of special permits.
(1)
The Supervisor of the Office of Code and Parking Compliance may issue
a special permit to:
(a)
An on-site caregiver;
(b)
A person who regularly or frequently provides childcare;
(c)
An owner of a rental residential property or landlord;
(d)
Registered members of a homeowner's association, neighborhood
watch organization, or other similar community organization that regularly
meets in a residential parking permit area;
(e)
Any other person upon a showing of reasonable necessity or hardship.
(2)
The Supervisor of the Office of Code and Parking Compliance and/or
the City Administrator or the City Administrator's designee may establish
reasonable restrictions and limitations on the use of special permits,
including, but not limited to, the days and times during which they
may be used and the purposes for which they may be used.
B.
Application. Each applicant for a special permit must provide, at
minimum, the following:
(1)
Name and residential address of the applicant;
(2)
Name and address of the business that employs the applicant, if any;
(3)
The address of the residence where the special permit is to be used
and the name of the resident or owner of that residence;
(4)
Supporting documentation demonstrating the need for a special permit,
which may include, but is not limited to:
(a)
A signed letter from the resident, or legal guardian of the
resident, for whom the caretaker or other similar services are to
be rendered;
(b)
A contract for caretaker or similar services;
(c)
A lease demonstrating landlord status;
(d)
A signed statement from an officer of an organization describing
the active membership for which the permits are to be used and generally
describing the purpose of the gathering for which the permits are
requested; or
(e)
A signed statement from the applicant otherwise explaining why
a special permit is needed if other documentation cannot be obtained;
(5)
A description of when the permits are to be used; and
(6)
The signature of the applicant.
C.
Appeal. An applicant may appeal the denial of an application for
a special permit or any restrictions or limitations that are placed
on a special permit, in writing, to the City Administrator or their
designee.
[Amended on 3-27-2011 by HO-2011-01]
A.
Parking permits may only be used in the residential parking permit
area for which it was issued.
B.
Proper display of parking permits.
(1)
All parking permits shall be securely affixed and/or located inside
of the vehicle as directed by the Supervisor of the Office of Code
and Parking Compliance and shall properly display the permit number
and numerical designation of the residential parking permit area and
dates and times, if any.
(2)
Permits that are improperly placed, partially or fully obstructed
or obscured, or bear writing or other markings that make the date,
time, or location in which the permit is valid illegible or ambiguous
may be deemed invalid.
C.
A parking permit shall not guarantee or reserve a parking space within
a designated residential parking permit area. A parking permit shall
not authorize the standing or parking of any vehicle in such places
and during such times when the stopping, standing or parking of vehicles
is prohibited or set aside for specified types of vehicles, and shall
not excuse the observance of any traffic regulation.
D.
Exemptions.
(1)
It is not a violation of this article IV for any person to park or leave standing a vehicle in any residential permit parking area for up to 30 minutes without a permit.
(2)
A permit is not required to park in any residential parking permit
area during any posted days and times when residential parking restrictions
are not in effect, or during any temporary period that may be established
by the City during which parking restrictions may be suspended, which
shall in no case be longer than 72 hours.
(3)
Whenever metered parking is in effect in any portion of a residential parking permit area, the parking spaces controlled by meters shall be excepted from the provisions of this article IV so long as the control by meters continues.
(4)
The provision of this article IV shall not supersede the provisions of the City Code and state laws relating to parking by persons with disabilities.
(5)
The following vehicles are specifically exempted from the parking restrictions imposed by this article IV:
(a)
A motor vehicle owned by or operated under contract to a utility
when used in the construction, operation, removal or repair of utility
property or facilities or engaged in authorized work in the designated
residential parking permit area.
(b)
A motor vehicle identified as owned by or operated under contract
to a federal, state, or local governmental agency and being used in
the course of official government business.
(c)
An authorized emergency vehicle as defined by state law.
(6)
The City Administrator may grant an exemption to the requirements of this article IV and to Section 114-18 of Article III to any person for a vehicle which may legally park in the applicable area upon demonstration of unusual hardship or exigent circumstances provided that the exemption will expire at the end of each calendar year unless the person demonstrates that the unusual hardship or unusual or exigent circumstances continue.
A.
Within 14 days after the termination of a lease and tenancy, owners
of rental properties are required to:
(1)
Collect all residential parking permits from the former tenants and
return them to the Office of Code and Parking Compliance; or
(2)
Notify the Supervisor of the Office of Code and Parking Compliance,
in writing, of the termination and permit numbers of the former tenants,
and also notify the former tenants that their parking permits are
no longer valid.
A.
No person or entity shall receive or use any permits issued pursuant to this article IV for any for commercially zoned properties in any residential parking permit area.
B.
Notwithstanding any other provision in this article IV, residential parking permits and/or guest parking permits may be issued in reasonable quantities, as determined by the Supervisor of the Office of Code and Parking Compliance, for commercially zoned properties within a residential parking permit area if the Supervisor determines that issuance of such permits would not result in a significant adverse impact on the residents and other commercial establishments in the area.
The City Administrator is authorized to establish all written regulations and procedure necessary to implement and enforce the provisions of this article IV and collect all fees and fines.
[Amended 4-21-2014 by
HO 2014-04]
A.
Parking violations.
(1)
Except as set forth in § 114-32(D), it shall be unlawful
for any person to park or leave standing any motor vehicle in a designated
residential permit parking area without a valid permit for such zone.
(2)
Unless otherwise provided, the penalty for a violation of this Subsection
shall constitute a parking violation punishable by a fine of up to
$50.
B.
A.
In addition to the penalties provided above for violation of this article IV the City Administrator may revoke the residential parking permit of any person found to be in violation of this article IV or when an unpaid parking or motor vehicle citation issued by the City is fully adjudicated and legally due, and, upon written notification thereof, the person shall promptly surrender such permit to the Supervisor of the Office of Code and Parking Compliance or the City Administrator.
B.
Changes in circumstances causing ineligibility. If, at any time, the holder of a residential or special parking permit or the vehicle for which a residential or special parking permit was issued no longer satisfies one or more of the applicable requirements of this article IV controlling issuance of parking permits, including any special circumstances, such as status as active military, current student, or caregiver:
(1)
The parking permit issued immediately becomes invalid;
(2)
The holder of the permit shall inform the Supervisor of the Office
of Code and Parking Compliance, in writing, of the change in circumstances;
and
(3)
The holder shall promptly surrender the permit to the Supervisor
of the Office of Code and Parking Compliance if requested to do so.
C.
Nothing in this article IV shall be construed as authorizing a permittee to violate any traffic regulation, emergency or otherwise, duly promulgated by the City.
D.
Severability. Severability is intended throughout and within the provisions of the Article IV. If any section, subsection, sentence, clause, phrase or portion of this article IV is held to be invalid, or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this article IV.
E.
The parking districts in existence on September 20, 2004 shall remain
in effect until they are modified or withdrawn pursuant to this article.
