The purpose of this chapter is to reduce the adverse effects caused in certain areas of the city by motor vehicle congestion, particularly the long-term parking of motor vehicles on the streets of such areas by nonresidents. As more specifically set forth in Section 10.44.020, such parking by nonresidents threatens the health, safety and welfare of the residents and commerce in the city. In order to protect such residents and promote commercial well-being in affected areas, it is necessary to enact the preferential permit parking system established by this chapter.
The city council enacts the ordinance codified in this chapter in accordance with the authority granted by Article XI, Section 7 of the California Constitution, and pursuant to Vehicle Code Section 22507 which authorizes cities to designate certain streets for preferential parking.
(Ord. 94-8 § 1; Ord. 99-2 § 1)
The preferential parking system established by this chapter will relieve the adverse effects caused by motor vehicle congestion by:
A. 
Protecting the ability of residents in certain areas of the city to obtain parking near their residences and ensure access to their residences;
B. 
Preserving the residential character of such areas and neighborhoods, which character has been compromised due to the presence of commuter vehicles;
C. 
Preserving the value of property in such areas and neighborhoods;
D. 
Protecting the safety of children and other pedestrians in such areas; and
E. 
Promoting traffic safety, peace, good order, comfort, convenience and the general welfare of the inhabitants of the city.
The above findings of the city council support the need for enactment of the ordinance codified in this chapter and is not meant to be an exhaustive list.
(Ord. 94-8 § 1; Ord. 99-2 § 1)
For purposes of this chapter, the following words and phrases are defined as follows:
"Commuter vehicle"
means a motor vehicle parked in a preferential parking area by a person not a resident thereof.
"Customer vehicle"
means a motor vehicle parked for a period of less than two consecutive hours in a preferential parking area by a customer of a commercial establishment located therein.
"Dwelling unit"
means a house, apartment, or other residence with an assigned address as used by the U.S. Postal Service or as shown on the city's address system.
"Finance director"
means the city director of finance or designee.
"Leases"
means pays rent or other remuneration for the use of real property as lessee's place of business.
"Motor vehicle"
includes an automobile, truck, motorcycle or other motor driven form of transportation not in excess of ten thousand pounds gross weight.
"Nonresident permit"
means a permit issued by the finance director to allow parking of a commuter vehicle in a preferential parking area where the city council has, by resolution, authorized the use of such permits.
"Owns"
means having acquired at least one-quarter of the fee interest in a parcel of real property within a preferential parking area.
"Preferential parking area"
means an area designated as provided in this chapter wherein motor vehicles displaying a valid permit as described herein shall be exempt from the time limit parking regulations or parking prohibitions.
"Resident"
means a person who dwells within the preferential parking area on a permanent basis.
"Residing permit"
means a permit issued by the finance director to allow parking of a resident vehicle in a preferential parking area.
"Resident vehicle"
means a motor vehicle parked in a preferential parking area by resident.
(Ord. 94-8 § 1; Ord. 99-2 § 1)
A. 
An area shall be deemed eligible for consideration as a preferential parking area if, based on a determination by the city traffic administrator and objective criteria established by the city, the area is found to be adversely affected by commuter vehicles for any extended period during the day or night, on weekends, or during holidays.
B. 
In determining whether an area identified as eligible for preferential permit parking may be designated as a preferential parking area, the city traffic administrator and the city council shall take into account factors which include, but are not limited to the following:
1. 
The extent of the residents' need for preferential permit parking;
2. 
The extent to which legal on-street parking spaces are occupied by motor vehicles during the period proposed for parking regulations;
3. 
The extent to which motor vehicles parking in the area during the period proposed for parking regulations are commuter vehicles rather than resident or customer vehicles; and
4. 
The extent to which parking spaces for customer vehicles and motor vehicles registered to residents cannot be met by the number of available off-street parking spaces.
(Ord. 94-8 § 1; Ord. 99-2 § 1)
The study of feasibility for establishment of a preferential parking area may be initiated by the city council, traffic committee or city traffic administrator based upon their own action or based upon petition of interested persons. After initiation of such a request, the process for establishment of a preferential parking area is as follows:
A. 
The city traffic administrator shall undertake a survey or study as deemed necessary to determine whether the area is eligible to be a preferential parking area.
B. 
Following the completion of surveys or studies to determine whether designation criteria are met, the traffic committee shall hear the report of the city traffic administrator and shall consider the eligibility of the area under consideration for designation as a preferential parking area. The traffic committee shall also consider the boundaries of the proposed parking area as well as the proposed regulations on parking.
C. 
The traffic committee shall recommend for or against the designation of the area under study as a preferential parking area. Such recommendation may also include a list of recommended conditions and regulations applicable to any area proposed for designation as a preferential parking area.
D. 
Upon receipt of the traffic committee recommendation, the city council shall conduct a noticed public hearing. If the city council determines that a preferential parking area should be created, it shall adopt a resolution establishing the program for the area in question including the boundaries, parking regulations, fees, if any, and other appropriate conditions. Thereafter, the program shall be implemented as hereinafter provided.
E. 
Notice of the public hearing or hearings provided for in this chapter shall be published and circulated within the city at least ten days before the hearing date. The notice shall clearly state the purpose of the hearing, the location and boundaries tentatively considered for the proposed preferential parking area, and if applicable, the approximate permit fee to be charged. During such hearing or hearings, any interested person shall be entitled to appear and be heard.
(Ord. 94-8 § 1; Ord. 99-2 § 1)
A. 
Parking permits shall be issued under the direction of the finance director. Each permit shall state for which preferential parking area it is issued.
B. 
Parking permits may be issued to households only upon application of the following persons:
1. 
A resident of the preferential parking area who owns a motor vehicle;
2. 
A person who owns or leases commercial property and actively engages in business activity within a preferential parking area where the city council has authorized the issuance of such permits by resolution;
3. 
A nonresident person who pays the nonresident fee in those areas where the city council has authorized the usage of nonresident permits by resolution.
(Ord. 94-8 § 1; Ord. 99-2 § 1)
The finance director is authorized upon application to issue visitor parking permits to households of a preferential parking area for use by bona fide transient visitors therein. The city council, may, by resolution or ordinance, prohibit or regulate the issuance and use of visitor permits in any preferential permit parking area.
(Ord. 94-8 § 1; Ord. 99-2 § 1)
Upon the adoption by the city council of a resolution designating a preferential parking area, the city traffic administrator shall cause appropriate signs, markings or meters to be erected in the preferential parking area, prominently indicating applicable parking regulations and conditions. Such parking regulations and conditions shall not apply until signs, markings or meters giving adequate notice thereof have been placed.
(Ord. 94-8 § 1; Ord. 99-2 § 1)
Permits shall be displayed, while in the preferential parking area, in a manner determined by the finance director and police chief.
(Ord. 94-8 § 1; Ord. 99-2 § 1)
A. 
A resident vehicle displaying a valid parking permit as provided for in this chapter shall be permitted to be parked in the preferential parking area for which the permit has been issued without being limited by time limit parking regulations or without being limited by parking prohibitions which limit parking to residents.
B. 
A preferential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the preferential parking area.
(Ord. 94-8 § 1; Ord. 99-2 § 1)
Parking permits shall be valid for a period to be determined by the finance director. Permits may be renewed upon reapplication in the manner required by the finance director. Each application or reapplication for a parking permit shall contain information sufficient to identify the applicant, the residence address or address of real property owned or leased within a permit area, the license number of the motor vehicle for which application is made and such other information that may be deemed relevant by the finance director.
(Ord. 94-8 § 1; Ord. 99-2 § 1)
The fee for preferential parking permits shall be established by resolution of the city council.
(Ord. 94-8 § 1; Ord. 99-2 § 1)
A. 
It is a violation of this chapter, unless expressly provided to the contrary herein, for any person to stand or park a motor vehicle contrary to the parking regulations and conditions established pursuant hereto. Such violation shall be punishable as an infraction by a fine as established by the judge of the municipal court.
B. 
It is a violation of this chapter for a person to falsely represent him or herself as eligible for a parking permit or to furnish false information in an application therefor to the finance director.
C. 
It is a violation of this chapter for a person holding a valid parking permit to permit its use or display by anyone who does not qualify for the permit.
D. 
It is a violation of this chapter for a person to copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit in order to evade the parking regulations of this chapter.
Ord. 94-8 § 1 (part); Ord. 99-2 § 1)
If any portion of this chapter is invalid, all valid sections are severable from the invalid section(s) and shall remain in effect. If any section is invalid in one or more of its applications, the section shall remain in effect in all valid applications which are severable from the invalid applications.
(Ord. 94-8. § 1; Ord. 99-2 § 1)