[Amended 10-16-2012 by Doc. 92]
There is hereby established a Central Business
District Parking Commission, hereinafter called the "Commission,"
which shall consist of six members, two of whom shall be either residents
of or work in the Central Business District. Members of the Commission
shall serve without compensation. The Superintendent of Highways,
City Engineer, Planning Director and the Police Chief or designee
shall be nonvoting ex officio members of the Commission. The Central
Business District shall be defined as all streets, ways, highways
and roads, along with all municipal parking lots, as shown on a plan
entitled "Plan of Public Parking Locations Within the Central Business
District — 2004" dated October 21, 2004, and filed
in the office of the City Engineer, Section 2B, Plan 2847.
The members of the Commission shall be appointed
by the Mayor, subject to confirmation by the City Council. The Mayor
shall designate one member as the Chairperson. The terms of the first
members of the Commission shall be for one, two or three years and
so arranged that the term of one of the members expires each year,
and their successors shall be appointed for terms of three years each.
A member may be removed by a vote of 2/3 of all the members of the
City Council and approval of the Mayor. Any vacancy occurring shall
be filled in the same manner as the original appointment.
[Amended 12-30-2008 by Doc. 136]
The Commission shall have exclusive authority,
except as otherwise provided herein, to take any and all of the following
actions:
A. The Commission shad be charged with the development,
management, operation and maintenance of all municipal parking lots,
as well as the parking of motor vehicles on streets, ways, highways
and roads, within the Central Business District which are under the
control of the City.
B. The Commission may make recommendations to the Mayor and City Council concerning the adoption, alteration or repeal of reasonable rules and regulations relative to the orderly parking of motor vehicles on streets, ways, highways, roads and municipal parking lots within the Central Business District which are under the control of the City. Notwithstanding any other provisions of this Code, the Commission may specify which parking spaces within any municipal parking lot are classified as either a paid parking or permit parking space, subject to the public hearing requirements in Subsection
F below, with any changes from the current configuration to be noted on the most recent Central Business District Parking Map. Any such determination shall take effect for a period not to exceed 45 days upon passage by the Parking Commission and have the same force and effect as if enacted as an ordinance. The Parking Commission shall submit any such changes to the City Council within 48 hours of approval. The City Council shall place the changes approved by the Commission on its regularly scheduled meeting as an order. If the Council and Mayor approve the order, the changes shall become permanent, or, if the Council and Mayor do not approve the order, then the changes shall expire at the end of the forty-five-day period.
[Amended 11-13-2012 by Doc. 99-E]
C. The Commission may make recommendations to the Mayor
and City Council for the approval of methods by which parking is paid
for and a schedule of parking fees and other charges for the use of
such parking. In developing recommendations concerning parking fees,
the Commission shall give consideration to the needs of the public,
residents and merchants to provide parking at the lowest cost possible.
D. The Commission may make recommendations to the Mayor
and City Council for a schedule of fines for the violation of parking
rules and regulations as authorized by Massachusetts General Laws.
E. Public notice of any proposed recommendations to the
Mayor and City Council concerning adoption, alteration or repeal of
a rule, regulation, fee or fine shall be given at least 48 hours prior
to a public hearing by posting such recommendations.
F. The Commission shall hold a public hearing for any
proposed recommendations to the Mayor and City Council concerning
adoption, alteration or repeal of a rule, regulation, fee or fine
prior to making such recommendation and shall, following such hearing,
determine by majority vote whether to recommend the adoption, alteration
or repeal of a rule, regulation, fee or fine. Any recommendation concerning
the adoption, alteration or repeal of a rule, regulation, fee or fine
shall then be forwarded to the Mayor and City Council for further
action as required by the Code.
G. The Commission with the approval of the Mayor may
employ a Parking Administrator or other management entity who shall
hold the stature of a City department head and who shall oversee and
supervise employees of the Commission. The Commission may also employ
such personnel as it may deem necessary, or, may contract with other
municipal departments for services to be provided, such as the Police
Department for enforcement, and the Highway Department for maintenance,
repairs and snow removal. In addition, the Commission, through the
Mayor, may enter into contracts for services which are deemed necessary
or advisable from outside vendors and providers, including the retention
of services of qualified consultants, subject to compliance with competitive
bidding requirements.
H. Nothing in this article shall be construed to authorize the Commission to modify or limit any power or authority of the departments of public works or public utilities of the Commonwealth or the Highway Department and Police Department of the City; or to modify or limit any power or authority of the Mayor, City Council or of any board, commission or head of a department or division with reference to the issuance of licenses or permits for the opening, closing, using or occupying of streets and sidewalks for reasons not related to parking. Further, winter parking regulations as included in §
240-24 and §§
240-58 through
240-60 shall remain in effect in the Central Business District and shall not be abridged by the Commission.
I. The Commission shall annually submit a budget to the
Mayor and City Council for their approval.
J. The Commission shall annually, on May 15, make a report
of its activities to the Mayor and City Council.
All existing ordinances and orders relating to the parking of motor vehicles on streets, ways, highways, roads and municipal parking lots within the Central Business District which are under the control of the City shall remain in full force and effect until superseded by rules, regulations, fees or fines adopted by the Commission pursuant to §
11-75, and the adoption thereof shall not affect any act done, any right accrued, any penalty incurred or any suit, prosecution or proceeding pending at the time of such adoption.
[Amended 4-14-2009 by Doc. 16-C]
The Commission shall take no action to alter
or change the current configuration of parking rules and regulations
until such time as an initial implementation plan is presented and
approved by the City Council and Mayor. The first phase of the plan
is to lease parking spaces for no less than $75 per month on the upper
level and no less than $100 on the lower level of the Herbert H. Goecke,
Jr. Parking Deck as shown on the most recent Central Business District
Parking Map filed in the Office of the City Engineer, a copy of which
is also on file with the City Clerk. The leases shall be limited to
a maximum of two years. The Commission may proceed with this phase
without further approval of the City Council and Mayor.
All revenue collected by the Commission shall
be deposited into an account designated "Parking Revenue Account"
as prescribed by General Laws. All funds in said account shall only
be subject to appropriation by the City Council and Mayor, which appropriation
shall be limited to development, management, operation, maintenance
and improvement in all municipal parking lots, streets, ways, highways
and roads with the Central Business District.