[HISTORY: Adopted by the City Commission of the City of Royal Oak 8-28-1972 by Ord. No. 72-17; amended in its entirety 6-4-2012 by Ord. No. 2012-05. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Any privately owned and operated plot, piece, or parcel of land used for the purpose of parking motor vehicles in the Festival Zone during the Arts, Beats & Eats Festival where the owner or person parking such vehicle is charged a fee.
The following geographic area: on the north, Catalpa Drive/Gardenia Avenue from Woodward Avenue to Alexander Avenue/Longfellow Avenue; on the east, Alexander Avenue/Longfellow Avenue from Gardenia Avenue to I-696; on the south, I-696 from Longfellow Avenue to Woodward Avenue; and on the west, Woodward Avenue from I-696 to Catalpa Drive.
Any privately owned and operated plot, piece, or parcel of land used for the purpose of parking motor vehicles where the owner or person parking such vehicle is charged a fee.
A.
No person, partnership, corporation, or other entity shall maintain or conduct a parking station within the City of Royal Oak without a valid parking station license.
B.
No person, partnership, corporation, or other entity shall maintain or conduct an Arts, Beats & Eats parking station within the City of Royal Oak without a valid Arts, Beats & Eats parking station license.
A.
An application for a license for a parking station shall be made to the City Clerk by the person, partnership, corporation, or other entity proposing to operate the parking station upon forms furnished by the City Clerk.
(1)
The application shall, at a minimum, set forth the following information:
(a)
The name under which and place where the parking station is to be operated.
(b)
Whether the applicant is an individual, partnership, corporation, or other entity.
[1]
If the applicant is an individual, the name, residence address and telephone number of the applicant.
[2]
If the applicant is a partnership, the name of the partnership, and the name, residence address and telephone number of each of the partners having 10% of an ownership interest if that individual is or will be involved in the management and/or operation of the parking station, and the name and address of a resident agent in Oakland County, Michigan.
[3]
If the applicant is a corporation, the name, residence address and telephone number of each of the officers and directors of said corporation and of each stockholder owning more than 10% of the stock of the corporation if that individual is or will be involved in the management and/or operation of the parking station, and the name and address of a resident agent in Oakland County, Michigan. The applicant shall also provide documentation that the corporation is in good standing in the state of incorporation.
[4]
If the applicant is another entity, the name, residence address and telephone number of each of the managers of the entity and of each member if that individual is or will be involved in the management and/or operation of the parking station, and the name and address of a resident agent in Oakland County, Michigan.
(c)
Whether the premises are owned or leased by the applicant and, if leased, the name and address of the owner of the premises.
(d)
The maximum number of motor vehicles that the applicant intends to park on the premises at any one time.
(e)
The hours during which the motor vehicles may be parked.
(f)
A complete schedule of the rates to be charged for parking the motor vehicles.
(g)
Authorization for the City of Royal Oak, its agents and its employees to seek additional information and conduct an investigation into the truth of the statements set forth in the application. The applicant shall provide any additional information needed to discover the truth of the matters required to be set forth in the application.
(2)
The application shall be signed and verified under oath by the applicant, if the applicant is an individual, or by a duly authorized agent if the applicant is a partnership, corporation, or other entity.
B.
Plan or other graphic representation of property. A current, legible scaled plan, diagram or other graphic representation showing location and dimensions of the property designated on the application for a license under this chapter, proposed locations and widths or entrances and exits, type of surfacing to be used, proposed locations and type and height of barriers, proposed arrangement and dimensions of parking or storage stalls, maximum number of vehicles to be stored at any one time, proposed widths of aisle ways within the premises providing access to and egress from parking stalls, proposed locations and types of shelters for attendants or customers, and such other information as the City Clerk may deem advisable shall be submitted with the application.
C.
Schedule of rates; rate changes.
(1)
With the application for a license for a parking station, the applicant shall file a complete and accurate schedule of the following rates:
(2)
No charge other than the rates specified in this schedule shall be made, except as otherwise provided in this section.
(3)
In the event that a licensee intends to change the fee schedule, the licensee shall give 10 days' written notice of the intended change to the City Clerk and shall post notice of the amended fee schedule for a period of 10 days in a conspicuous place on the premises. Upon the expiration of that ten-day period, the rates may be changed in accordance with the notice.
D.
License fee. The fee for a parking station license shall be set by resolution of the City Commission.
E.
Required approvals.
(1)
A license to operate a parking station shall not be issued until the following departments file the following approvals with the City Clerk:
(2)
A full application is not required for the renewal of a parking station license, unless substantial changes have been made to the premises. If substantial changes have been made, approval by the appropriate department(s) must be filed with the City Clerk prior to renewal of a license. If substantial changes have not been made, the licensee must file a written statement to that effect with the City Clerk before a license will be renewed.
F.
Issuance.
(1)
If, after investigation, the City Clerk is satisfied that the application is complete and accurate, and that all required approvals have been given, the Clerk shall issue the applicant a license for a parking station.
(2)
An applicant aggrieved by a decision of the City Clerk to deny an application may appeal that decision to the City Commission by filing a written request for a hearing with the City Manager within 10 days of the date of the denial.
G.
Expiration. A parking station license shall expire on December 31 of any given year.
H.
Revocation.
(1)
After notice and a hearing, the City Manager may revoke a license for a parking station if at any time:
(a)
The licensee has knowingly made a misrepresentation of a material fact in his, her, or its application.
(b)
The licensee knowingly violates or permits the violation of any part of this chapter.
(c)
The licensee knowingly violates or permits the violation of any federal, state, or local statute, law, ordinance, or regulation involving theft, larceny, or conversion of a motor vehicle, or the operation of a vehicle without the owner's consent.
(2)
A licensee aggrieved by a decision of the City Manager may appeal that decision to the City Commission by filing a written request for a hearing with the City Manager within 10 days of the revocation.
I.
Liability of licensee.
(1)
Each licensee under this chapter shall be liable for any damage to any motor vehicle stored or parked in his parking station, by or through his own negligence or that of his employees. This section shall have no application to loss of or damage to personal property left or contained in motor vehicles, the liability for which may be disclaimed, limited or regulated by appropriate contractual provisions contained in the parking ticket, provided a sign giving notice to that effect is posted on the parking station.
(2)
A license to operate a parking station shall be automatically suspended upon the licensee's failure to satisfy any final judgment for damage to or loss of a car arising from the use of the licensee's parking station within 60 days after entry of the judgment. Said suspension shall remain in effect until the final judgment is satisfied.
(3)
No contract, agreement, lease, receipt, rule or regulation shall exempt any person operating a parking station from damage or loss caused by the negligence of such person or any employee of such person or while in the employ of such person.
J.
Duties of licensee. In operating a parking station, each licensee shall faithfully perform its duties under this chapter and shall use its best efforts to employ honest and competent attendants.
K.
Duty of licensee to maintain premises. Each licensee shall keep the parking station and any sidewalks surrounding the premises free from dirt, ice, sleet and snow, and in a safe condition for pedestrian travel, provided that a licensee may use a portion of the area designated for parking motor vehicles for the storage of snow.
L.
Enclosure of lots. Persons operating parking stations shall keep the same enclosed with a proper or suitable fence, wall or other barrier so that motor vehicles may not be removed from such stations except at the regular established entrances and exits.
M.
Cleanliness of lots. All licensees operating parking stations shall keep the lots clean and free from refuse and debris and shall treat the surface thereof in such a manner as to keep the same free from dust so that it will not be a nuisance to adjacent property owners or others.
N.
Use of streets for parking prohibited. No licensee shall use or permit the use by his employees of any part of a public street for the purpose of standing, maneuvering or parking motor vehicles.
O.
Maximum capacity.
(1)
When a parking station is filled to maximum capacity, the licensee shall place a conspicuous sign at each entrance, reading, in letters not less than six inches in height: "FILLED TO CAPACITY." Such sign shall be displayed continuously as long as the premises are full.
(2)
The maximum capacity shall be clearly indicated on the license issued for a parking station, and such certificate shall be conspicuously displayed on the premises by the licensee.
(3)
The maximum capacity shall be the number of motor vehicles that can be handled on the lot without resorting to streets for the maneuvering of the vehicles, as determined by the licensee and approved by the Planning Department.
(4)
A licensee shall have the right to refuse parking to any vehicle which, because of its size, shape, or operating condition could, in the opinion of the licensee, be a hazard, nuisance, or danger to persons or other vehicles on the premises.
P.
Signs denoting hours and rates. Each licensee shall maintain, at each entrance to any parking station, a sign to apprise persons using such parking station of the name of the licensee, the hours of the day and night during which such places are open for the storing of motor vehicles, the rates charged and the closing hour of such station. Where more than one rate is charged for parking, the figures for each rate shall be of the same size and dimensions and such figures shall measure not less than six inches in height, and the letters and figures indicating the closing hours shall be not less than six inches in height.
Q.
Claim checks.
(1)
At the time of accepting a motor vehicle for storing or parking in a parking station, the person conducting the same or his agent, servant or employee shall furnish to such person parking his motor vehicle a distinctive check, which shall be numbered to correspond to a coupon placed upon such motor vehicle, which check shall contain the name and address of the place owning or operating such parking station and upon which shall be written or stamped the date and the license number of the motor vehicle.
(2)
The provisions of this section shall not apply where cars are stored on a monthly fee basis.
(3)
It shall be unlawful to affix any parking tags on any motor vehicle so as to obliterate, in whole or in part, any portion of the motor vehicle license plates on such vehicle.
R.
Restrictions on subletting. A licensee shall not sublet, sublease, or otherwise permit any parking station or any portion thereof to be used by any vendor of goods, wares, merchandise, or services.
S.
Code compliance. The operation of a parking station shall at all times comply with all applicable provisions of the City Code, including but not limited to the Zoning Ordinance[1] (including the approved site plan for the premises) and the Sign Ordinance.[2] Parking that is required under the Zoning Ordinance may not be used for a parking station.
[Amended 6-2-2014 by Ord. No. 2014-06]
A.
Application for license.
(1)
An application for a license for an Arts, Beats & Eats parking station shall be made to the City Clerk at least 60 days prior to the event by the person, partnership, corporation, or other entity proposing to operate the parking station upon forms furnished by the City Clerk.
(2)
Upon a showing of good cause, the City Commission may waive this deadline for a person, partnership, corporation, or other entity that held an Arts, Beats & Eats parking station license in the year prior and proposes to operate an Arts, Beats & Eats parking station in the same location and in the same manner as in the year before. In addition to the regular license fee, the applicant shall also pay a nonrefundable late application fee to be set by resolution of the City Commission.
(3)
The application shall, at a minimum, set forth the following information:
(a)
The name under which and place where the parking station is to be operated.
(b)
Whether the applicant is an individual, partnership, corporation, or other entity.
[1]
If the applicant is an individual, the name, residence address and telephone number of the applicant.
[2]
If the applicant is a partnership, the name of the partnership, and the name, residence address and telephone number of each of the partners having 10% of an ownership interest if that individual is or will be involved in the management and/or operation of the parking station, and the name and address of a resident agent in Oakland County, Michigan.
[3]
If the applicant is a corporation, the name, residence address and telephone number of each of the officers and directors of said corporation and of each stockholder owning more than 10% of the stock of the corporation if that individual is or will be involved in the management and/or operation of the parking station, and the name and address of a resident agent in Oakland County, Michigan. The applicant shall also provide documentation that the corporation is in good standing in the state of incorporation.
[4]
If the applicant is another entity, the name, residence address and telephone number of each of the managers of the entity and of each member if that individual is or will be involved in the management and/or operation of the parking station, and the name and address of a resident agent in Oakland County, Michigan.
(c)
Whether the premises are owned or leased by the applicant and, if leased, the name and address of the owner of the premises.
(d)
The maximum number of motor vehicles that the applicant intends to park on the premises at any one time.
(e)
The hours during which the motor vehicles may be parked.
(f)
A complete schedule of the rates to be charged for parking the motor vehicles.
(g)
Authorization for the City of Royal Oak, its agents and its employees to seek additional information and conduct an investigation into the truth of the statements set forth in the application. The applicant shall provide any additional information needed to discover the truth of the matters required to be set forth in the application.
(4)
The application shall be signed and verified under oath by the applicant if the applicant is an individual, or by a duly authorized agent if the applicant is a partnership, corporation, or other entity.
B.
Plan or other graphic representation of property. A current, legible, scaled plan, diagram or other graphic representation showing location and dimensions of the property designated on the application for a license under this chapter, proposed locations and widths or entrances and exits, type of surfacing to be used, proposed locations and type and height of barriers, proposed arrangement and dimensions of parking or storage stalls, maximum number of vehicles to be stored at any one time, proposed widths of aisle ways within the premises providing access to and egress from parking stalls, proposed locations and types of shelters for attendants or customers, and such other information as the City Clerk may deem advisable shall be submitted with the application.
C.
D.
License fee. The fee for an Arts, Beats & Eats parking station license shall be set by resolution of the City Commission.
E.
Required approvals.
(1)
A license to operate an Arts, Beats & Eats parking station shall not be issued until the following departments file the following approvals with the City Clerk:
(2)
A full application is required for the renewal of an Arts, Beats & Eats parking station license. Notwithstanding any other part of this chapter, an application for a license to operate an Arts, Beats & Eats parking station may be denied if any final judgment against the applicant for damage to or loss of a car arising from the use of the applicant's parking station in a prior year is unsatisfied.
F.
Issuance. If, after investigation, the City Clerk is satisfied that the application is complete and accurate, and that all required approvals have been given, the Clerk shall issue the applicant a license for an Arts, Beats & Eats parking station. An applicant aggrieved by a decision of the City Clerk to deny an application may appeal that decision to the City Commission by filing a written request for a hearing with the City Manager within 10 days of the date of the denial.
G.
Revocation.
(1)
After notice and a hearing, the City Manager may revoke a license for an Arts, Beats & Eats parking station if at any time:
(a)
The licensee has knowingly made a misrepresentation of a material fact in his, her, or its application.
(b)
The licensee knowingly violates or permits the violation of any part of this chapter.
(c)
The licensee knowingly violates or permits the violation of any federal, state, or local statute, law, ordinance, or regulation involving theft, larceny, or conversion of a motor vehicle, or the operation of a vehicle without the owner's consent.
(2)
A licensee aggrieved by a decision of the City Manager may appeal that decision to the City Commission by filing a written request for a hearing with the City Manager within 10 days of the revocation.
(3)
Nothwithstanding any other part of this chapter, the Chief of Police may revoke a license for an Arts, Beats & Eats parking station at any time if the operation of the parking station will constitute an immediate danger to the public health, safety and welfare.
H.
Liability of licensee.
(1)
Each licensee under this chapter shall be liable for any damage to any motor vehicle stored or parked in his parking station, by or through his own negligence or that of his employees. This section shall have no application to loss of or damage to personal property left or contained in motor vehicles, the liability for which may be disclaimed, limited or regulated by appropriate contractual provisions contained in the parking ticket, provided a sign giving notice to that effect is posted at the Arts, Beats & Eats parking station.
(2)
No contract, agreement, lease, receipt, rule or regulation shall exempt any person operating an Arts, Beats & Eats parking station from damage or loss caused by the negligence of such person or any employee of such person or while in the employ of such person.
I.
Duties of licensee. In operating an Arts, Beats & Eats parking station, each licensee shall faithfully perform its duties under this chapter and shall use its best efforts to employ honest and competent attendants.
J.
Duty of licensee to maintain premises. Each licensee shall keep the parking station and any sidewalks surrounding the premises free from dirt, ice, sleet and snow, and in a safe condition for pedestrian travel, provided that a licensee may use a portion of the area designated for parking motor vehicles for the storage of snow.
K.
Enclosure of lots. Persons operating Arts, Beats & Eats parking stations shall keep the same enclosed with a proper or suitable fence, wall or other barrier so that motor vehicles may not be removed from such stations except at the regular established entrances and exits.
L.
Cleanliness of lots. All licensees operating Arts, Beats & Eats parking stations shall keep the lots clean and free from refuse and debris and shall treat the surface thereof in such a manner as to keep the same free from dust so that it will not be a nuisance to adjacent property owners or others.
M.
Use of streets for parking prohibited. No licensee under this chapter shall use or permit the use by his employees of any part of a public street for the purpose of standing, maneuvering or parking motor vehicles.
N.
Maximum capacity.
(1)
When an Arts, Beats & Eats parking station is filled to maximum capacity, the licensee shall place a conspicuous sign at each entrance, reading, in letters not less than six inches in height: "FILLED TO CAPACITY." Such sign shall be displayed continuously as long as the premises are full.
(2)
The maximum capacity shall be clearly indicated on the license issued for an Arts, Beats & Eats parking station, and such certificate shall be conspicuously displayed on the premises by the licensee.
(3)
The maximum capacity shall be the number of motor vehicles that can be handled on the lot without resorting to streets for the maneuvering of the vehicles, as determined by the licensee and approved by the Planning Department.
(4)
A licensee shall have the right to refuse parking to any vehicle which, because of its size, shape, or operating condition could, in the opinion of the licensee, be a hazard, nuisance, or danger to persons or other vehicles on the premises.
O.
Signs denoting hours and rates. Each licensee shall maintain, at each entrance to any Arts, Beats & Eats parking station, a sign to apprise persons using such parking station of the name of the licensee, the hours of the day and night during which such places are open for the storing of motor vehicles, the rates charged and the closing hour of such station. Where more than one rate is charged for parking, the figures for each rate shall be of the same size and dimensions and such figures shall measure not less than six inches in height, and the letters and figures indicating the closing hours shall be not less than six inches in height.
P.
Claim checks.
(1)
At the time of accepting a motor vehicle for storing or parking in an Arts, Beats & Eats parking station, the person conducting the same or his agent, servant or employee shall furnish to such person parking his motor vehicle a distinctive check, which shall be numbered to correspond to a coupon placed upon such motor vehicle, which check shall contain the name and address of the place owning or operating such parking station and upon which shall be written or stamped the date and the license number of the motor vehicle.
(2)
It shall be unlawful to affix any parking tags on any motor vehicle so as to obliterate, in whole or in part, any portion of the motor vehicle license plates on such vehicle.
Q.
Restrictions on subletting. A licensee shall not sublet, sublease, or otherwise permit any Arts, Beats & Eats parking station or any portion thereof to be used by any vendor of goods, wares, merchandise, or services.
R.
Code compliance. The operation of an Arts, Beats & Eats parking station shall at all times comply with all applicable provisions of the City Code, including but not limited to the Zoning Ordinance[1] (including the approved site plan for the premises) and the Sign Ordinance.[2] Parking that is required under the Zoning Ordinance may not be used for an Arts, Beats & Eats parking station.
Any person, partnership, corporation, or other entity violating any of the provisions of this chapter shall be guilty of a misdemeanor, punishable by a fine of up to $500 and up to 90 days in jail, or both, in the discretion of the court. Each day that a violation is allowed to exist shall constitute a separate offense.
