As used in this chapter, the following terms
shall have the meanings indicated:
OPEN-AIR PARKING LOT or PARKING LOT
Any open-air place, lot or parcel of land used, in whole
or in part, for storage or parking of motor vehicles, where a storage
or parking fee is charged therefor and which is open to the general
public. It shall include such places with shelters that are not completely
enclosed.
No person shall conduct, operate or maintain
an open-air parking lot within the City without first obtaining a
license therefor issued by the Licensing Division, after approval
thereof by the Council, as hereinafter provided in this chapter.
The application shall be referred to the Public
Works Director for the purpose of investigation as to the truth of
the matters contained in the application and compliance with the requirements
of this chapter and City ordinances and resolutions governing traffic.
The Public Works Director shall return the application to the Council
with his report and recommendation for approval or disapproval.
The Licensing Division shall issue the license
provided for in this chapter after approval of the application therefor
by the Council.
A record of all applications filed and licenses
issued pursuant to the provisions of this chapter shall be kept by
the Licensing Division and by the Public Works Director.
A license issued pursuant to this chapter may
be transferred to a new operator if approved by the Council. The request
for transfer shall be made by written application filed with the Licensing
Division and accompanied by a transfer fee of $10. Such application
and transfer of the license shall be subject to all the terms, conditions
and requirements of this chapter applicable to a new application and
the granting of a new license except that no additional license fee
shall be required.
Each licensee under this chapter shall maintain
at each entrance to the licensed open-air parking lot a permanently
affixed sign, suitable to apprise persons using such lot of the following:
A. The name of the licensee.
B. The hours of day and night during which such place
is open for storing motor vehicles.
C. The rates charged [and if more than one rate is charged,
the figures for each rate shall be of the same size and dimensions]
shall be no less than six inches in height. If separate rates are
charged for day parking and for night parking, the change of rate
and hours shall be stated.
D. The closing hours of such parking lot, in letters
and figures not less than six inches in height.
E. The maximum car capacity, in letters and figures not
less than four inches in height.
If the licensed open-air parking lot is to be
open for business at night, adequate lighting shall be maintained
to light the whole of such parking lot properly until the time fixed
for closing.
At the time of accepting a motor vehicle for
parking or storage in the open-air parking lot, the licensee, his
agent, servant or employee shall furnish to such person parking or
storing his motor vehicle a distinctive check or ticket which shall
be numbered to correspond to a coupon placed upon such motor vehicle.
The check or ticket shall contain the address of the parking lot and
the name of the licensee.
Within 24 hours of any claim made to the licensee
or his employees of any loss, theft or conversion occurring upon the
licensed premises, the licensee shall notify the Police Division of
such claim, furnishing all necessary details.
Every licensee shall faithfully perform his
duties as bailee. He shall employ honest, reliable and competent attendants
and employees on the licensed parking lot. Failure to employ honest,
reliable and competent help shall be cause for revocation of the license
issued under this chapter.
In addition to the penalty provided in §
359-18, the Council may suspend or revoke any parking lot license upon notice and hearing, if the Council finds that:
A. The licensee knowingly made any false or materially
incorrect statement in the application.
B. The licensee knowingly violated or knowingly permitted
or suffered the violation of any provision of this chapter.
C. The licensee knowingly violated or knowingly permitted
or suffered the violation of any provision of any penal law or ordinance
regarding theft, larceny or conversion of a motor vehicle or the operation
of a motor vehicle without the owner's consent.
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $1,000, by imprisonment for a term not exceeding 90 days
or by a period of community service for a term not exceeding 90 days,
or any combination thereof. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.