The provisions of this Article shall apply except
when it is necessary to stop a vehicle to avoid conflict with other
traffic or in compliance with the directions of a police officer or
official traffic control device.
Wherever a space shall be marked off on the
surface of any street or public parking lot for the parking of an
individual vehicle, every vehicle there parked shall be parked within
the lines bounding such space.
A.
No person shall park a motorized vehicle or automobile
upon a street other than upon the roadway against the curb or, in
the case of a bicycle, upon the sidewalk in a rack to support the
bicycle or against a building or at the curb in such a manner as to
afford the least obstruction to pedestrian traffic.
B.
No person shall park an automobile or any other vehicle
upon a street of the city in such a manner as to block, impede or
prevent free passage into a driveway leading from the street.
C.
No person shall park an automobile or any other vehicle
in such a manner as to block, impede or prevent the free passage of
pedestrians on the sidewalks.
[Amended 5-9-1988; 3-26-1990]
D.
No person shall henceforth park any vehicle between the curb and
a private property line on any street.
[Amended 3-26-1990; 9-8-1997; 5-26-1998; 9-25-2006; 10-24-2011; 10-9-2018]
E.
No person shall park an automobile or any other vehicle
within 20 feet of a crosswalk at an intersection, unless a different
distance is indicated by official signs, markings or parking meters.
[Added 11-8-2004]
F.
No person shall park an automobile or any other vehicle
in such a manner as to block, impede or prevent the free passage of
pedestrians on a crosswalk.
[Added 11-8-2004]
G.
No person shall park an automobile or any other vehicle
alongside or opposite any street excavation or obstruction which when
parking, standing or stopping would obstruct traffic.
[Added 11-8-2004]
H.
No person shall park an automobile or any other vehicle
upon any bridge or elevated structure upon a highway or within a highway
tunnel, unless otherwise indicated by official signs, markings or
parking meters.
[Added 11-8-2004]
I.
No person shall park any automobile or any other vehicle
on any railroad tracks in such a manner as to block, impede or prevent
the free passage of railroad trains.
[Added 11-8-2004]
J.
No person shall park any automobile or any other vehicle
in such a manner as to block, impede or prevent the use of a fire
hydrant, unless otherwise indicated by official signs or markings.
[Added 11-8-2004]
[Amended 3-26-1990; 3-12-2007; 6-8-2009; 11-26-2012; 10-11-2016; 10-9-2018]
A.
Duration of ban. There shall be imposed a ban on parking on all streets
within the City limits of the City of Oswego from December 1 of each
year until March 31 of the following year. The Mayor may, at the Mayor's
discretion, initiate the ban earlier than December 1, or extend the
ban beyond March 31, based upon weather conditions. During the period
of the ban, no vehicle may park on the streets of the City of Oswego.
B.
Parking in downtown areas. There shall be no parking on downtown
streets, during the period of the ban, from 2:00 a.m. to 6:00 a.m.
Downtown streets shall be defined as: West 1st Street and West 2nd
Street from West Oneida Street to West Cayuga Street; Water Street;
West Bridge Street from West 1st Street to West 4th Street; East 1st
Street from Oneida Street to the north dead end; East 2nd Street from
Route 104 East to East Cayuga Street, and Route 104 East from East
1st Street to East 4th Street. The Common Council, by further resolution,
may change which streets shall be considered to be downtown.
C.
Parking in residential areas. There shall be no parking on residential
streets from 12:00 midnight to 6:00 a.m. during the period of the
ban. All streets not designated as downtown streets shall be considered
residential streets.
D.
Winter parking permits.
(1)
As an exception to the winter parking ban, residents to whom winter
parking permits have been issued shall be permitted to park in designated
spots on City streets within residential areas with the limitations
as hereinafter set forth. In order to obtain a parking permit, a resident
must submit an application.
(2)
Application.
(a)
Permit applications shall be made available on the City website
and from the City Councilors.
(c)
The application must be signed by the applicant and shall contain
a statement that, by signing the application, the applicant verifies
that:
[1]
The applicant is aware of all parking regulations of the City
of Oswego and those which apply specifically to the winter parking
ban and agrees to abide by them.
[2]
The applicant is aware that the permit may be revoked at any
time by the Chamberlain's office, at the request of the Councilor
for that ward, for a violation of those parking regulations and that,
in the event of a revocation on the basis of such a violation, the
applicant will not be entitled to a reimbursement of any part of the
fee paid for the parking permit.
[3]
The applicant waives any and all rights, and holds the City
harmless and indemnifies the City, for any damage occurring to or
caused by the vehicle of the applicant, whether due to the plowing
of the streets by the City or otherwise, while parked on a City street
in exercise of the permission to park pursuant to the parking permit.
[4]
The applicant acknowledges that granting of permission to park
on the street is not a right or privilege, but rather a revocable
license issued by the City, and that the granting of a permit for
one winter season does not guarantee that the permit holder will receive
a permit for the following or any subsequent winter season and the
applicant waives all right to make any claim of detrimental reliance.
[5]
The applicant is aware that the permit is issued to the applicant
for the parking of only the vehicle described in the application and
is nontransferable.
(3)
Permit fee.
(b)
Properties with one off-street parking space and two or more
vehicles: the permit application fee will be $150.
(c)
In the event the application is granted, payment must be received
at the City Chamberlain's office before the parking permit sign
will be installed.
(d)
The Common Council shall establish the annual application fees
each year for subsequent years by resolution. The fees established
for the preceding year shall remain in effect unless the Common Council
adopts new fees by resolution.
(e)
The fee must be paid annually for each vehicle for which a permit
is issued.
(4)
Issuance.
(a)
Residents without sufficient off-street parking, as hereinafter
described, may apply for a permit to park on, or near, the residential
street on which they reside during the winter parking ban. Spaces
will be placed as specified below.
(b)
Factors which must exist to allow granting of permits shall
include:
[1]
The applicant has no existing driveway, parking spot or parking
pad that would allow the applicant to park at his or her residence,
or the applicant has only one parking spot at his or her residence.
[2]
The applicant must be a resident of the City of Oswego and must
be residing on the street on which applicant is applying to park.
[3]
The vehicle for which the permit is issued must be titled and
registered to, or leased by, the applicant.
[4]
There must be sufficient road frontage to allow the applicant
to park in a designated spot without blocking existing driveways or
crosswalks. If, in the opinion of the Commissioner of the Department
of Public Works, there is insufficient space on the street to accommodate
all of the vehicles for which applications have been submitted, the
Commissioner may locate the permitted parking space in the nearest
location that allows for the safe egress of emergency vehicles and
the efficient clearing of snow as outlined below. If there is still
not enough space to accommodate the applications received, the Commissioner
shall first deny applications by applicants who already have sufficient
space in their driveway or parking lot to park one vehicle. If there
is still insufficient space on the street to accommodate all the vehicles
for which applications have been submitted, residents to whom parking
permits shall be issued shall be chosen by a lottery to be conducted
by the Commissioner.
(c)
The application shall be submitted to the Chamberlain's
office. The Chamberlain shall distribute a copy of the application
to the Department of Public Works and to the Councilor of the ward
in which the property is located for review and approval by the Commissioner
of the Department of Public Works.
(d)
Applications may be submitted between August 1 and November
1 of each year. The Common Council may change the annual application
acceptance period by resolution. The application acceptance period
for the preceding year shall remain in effect unless and until the
Common Council adopts a new acceptance period by resolution.
(e)
The application shall require the approval of the Commissioner
of the Department of Public Works. If the application receives the
approval of the Commissioner of the Department of Public Works, the
Chamberlain shall issue the parking permit to the applicant for the
vehicle described in the application.
(f)
The permit shall be granted only for the one winter season for
which it was issued and shall expire at the end of that season. There
shall be no reimbursement of any part of the application fee if the
Mayor ends the winter parking ban before March 31.
(g)
If the permit holder sells or otherwise transfers the vehicle
for which the permit was issued, the permit shall be revoked and there
shall be no reimbursement of the application fee. However, the permit
holder may apply to the Chamberlain for reissuance of the parking
permit for the remainder of the permit period for another vehicle
owned by the permit holder without the payment of another fee. The
reissued parking permit shall be subject to the same limitations as
the original parking permit.
(5)
Designated parking spot.
(a)
Permit holders shall have a designated parking spot assigned
on, or near, the street of the applicant's residence in a location
deemed appropriate by the Commissioner of the Department of Public
Works (DPW), and the DPW shall install a sign at that location which
shall contain the following statement: "Reserved Parking By Permit
Only, 10:00 p.m. - 6:00 a.m. All Others Will Be Towed."
(b)
Restrictions on placing winter parking ban permitted parking
spaces:
[1]
Signs shall be placed at least 25 feet from any driveway. (The
steering wheel must be lined up with the sign, not the front or back
of car.)
[2]
Parking spots shall be placed on one side of the street only.
[3]
Parking spots shall not be permitted on streets 28 feet wide
and under.
[4]
Complaints concerning placement of an individual parking space
shall be direct to the Councilor of the ward in which the complainant
resides.
(c)
The DPW shall remove the sign each year after the winter parking
ban has ended.
(d)
It shall be the responsibility of the permit holder to notify
the Oswego Police Department (OPD) in the event that an unauthorized
vehicle has parked in the permit holder's designated spot.
(e)
During the period of the winter parking ban, the permit holder
may only park his or her vehicle in his or her designated spot.
(6)
Limitations.
(a)
Properties with no off-street parking:
[1]
No more than two designated spots may be issued to an owner-occupant
with no off-street parking, regardless of the number of vehicles or
properties owned by the resident.
[2]
No more than two designated spots may be issued for each address,
with off-street parking, regardless of the number of residential units
contained in a residence or the number of occupants residing in the
residence.
(b)
Properties with one off-street parking space and two or more
vehicles:
[1]
No more than one designated spot may be issued to an owner-occupant
with one existing off-street parking space and two or more vehicles,
regardless of the number of vehicles or properties owned by the resident.
[2]
No more than one designated spot may be issued for each address
with one existing off-street parking space, regardless of the number
of residential units contained in a residence or the number of occupants
residing in the residence.
(c)
Permits shall only be issued to applicants who are owner-occupant
of residential real property located in the area where they are applying
to park.
(d)
The permit shall allow the permit holder to park only in his
or her designated spot.
(e)
Any posted parking limitations or temporary or emergency parking
bans or limitations shall supersede and override the winter parking
permit. A winter parking permit does not allow the permit holder to
park in violation of any such bans or limitations.
(f)
No permits shall be issued to nonperson entities such as partnerships,
unincorporated associations, corporations or LLCs.
E.
Denial of parking permits.
(1)
No such permit shall be granted to or renewed for an applicant who
is in violation of any City of Oswego code, ordinance or local law
(hereinafter "violations") or who owes property taxes, water or sewer
fees, special assessments, fines for violations of City ordinances
or any other fees or past-due monies of any name or nature owed to
the City of Oswego (hereinafter "unpaid monies").
(2)
The applicant shall have the burden of providing proof in a form
acceptable to the Department that there are no such violations or
unpaid monies.
(3)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies relate to a parcel of
real property for which the application is made or another parcel
owned by the applicant or are personal to the applicant.
(4)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies occurred or accrued before
the effective date of this section.
(5)
Such permit, once granted, shall be revoked in the event that the
applicant accrues violations or unpaid monies, or violations or unpaid
monies are discovered, after the permit is granted. The revocation
shall take effect five business days after receipt by the permit holder
of notice from the City of Oswego of the pending revocation. Upon
such revocation, all permitted activities and privileges shall immediately
cease.
(6)
No application fees shall be refunded upon revocation of the permit.
(7)
The applicant must reapply for the issuance of such revoked permit
by submitting a new application and paying all necessary application
fees, and any such permitted activities or privileges may only be
resumed once a new permit has been granted.
(8)
If an applicant has a substantial interest in a nonperson entity
which owes such unpaid monies or has accrued such violations, that
person's application for a parking permit shall be denied. A
"substantial interest" shall mean an ownership interest of more than
10% of, membership on the governing board of, holding an office in,
or holding the ability to cast or control more than 10% of the votes
in, such entity.
[Amended 11-8-2004 by Res. No. 424-2004]
Except where angle parking is authorized, every
vehicle stopped, standing or parked upon a highway shall be so stopped,
standing or parked parallel and within 12 inches from the edge or
curb of the roadway and headed in the direction of lawful traffic.
No person shall leave a vehicle parked or standing
upon any roadway for the principal purpose of greasing or repairing
such vehicle, except repairs necessitated by an emergency.
[Amended 11-27-1989]
The Traffic Committee is hereby authorized,
pursuant to the written request of the owner, the person in general
charge of the operation and control of such area or the Fire Chief
of the city thereof, to prohibit, regulate, restrict or limit the
stopping, standing or parking of vehicles in specified areas of hospitals,
shopping centers, private apartment complexes and private condominium
complexes and to enforce said regulations and to determine that the
cost of said signage for said regulations shall be borne by the hospital,
shopping center or private apartment complex and that such signage
be in conformance with the Manual of Uniform Traffic Control Devices.
[Added 11-27-1989]
For the purpose of protecting the property of the city's inhabitants and to preserve peace and good order, no person shall park a motorized vehicle, automobile or trailer on the lawns or driveways of privately owned property without the consent of the owner of such property. This provision shall be enforced pursuant to § 257-8 of this chapter.
The parking of vehicles is hereby prohibited
at all times in the locations described in the regulations duly adopted
by the Traffic Committee and entered in the System of Schedules Book,
Schedule XI.
The standing of vehicles at any time is hereby
prohibited in the locations described in the regulations duly adopted
by the Traffic Committee and entered in the System of Schedules Book,
Schedule XII.
The stopping of vehicles at any time is hereby
prohibited in the locations described in the regulations duly adopted
by the Traffic Committee and entered in the System of Schedules Book,
Schedule XIII.
The parking of vehicles is hereby prohibited
during certain hours and/or certain days in the locations described
in the regulations duly adopted by the Traffic Committee and entered
in the System of Schedules Book, Schedule XIV, during the times and
days indicated.
The parking of vehicles is hereby prohibited
in the locations described in the regulations duly adopted by the
Traffic Committee and entered in the System of Scheduled Book, Schedule
XV, for a longer period of time than that designated, during the hours
indicated, on any day except Sundays and holidays.
The properties owned or leased by the City of
Oswego and described in the regulations duly adopted by the Traffic
Committee are hereby designated as off-street municipal parking areas,
and parking in such areas shall be restricted as indicated by regulations
duly adopted by the Traffic Committee and entered in the System of
Schedules Book, Schedule XVI.
