[Traf. Code § 23; amended 10-9-1978 by Ord. No.
1144; 11-29-1990 by Ord. No. 1482; 5-18-1992 by Ord. No. 1533; 1-14-2002 by Ord. No. 1729]
A.
No person shall stop, stand or park a vehicle, except
when necessary to avoid conflict with other traffic or in compliance
with law or the directions of a police officer or traffic-control
device, in any of the following places:
(1)
On a sidewalk.
(2)
In front of a public or private driveway.
(3)
Within an intersection.
(4)
Within 15 feet of a fire hydrant.
(5)
On a crosswalk.
(6)
Within 20 feet of a crosswalk or if none, then within
15 feet of the intersection of property lines at an intersection of
highways.
(7)
Within 30 feet upon the approach to any flashing beacon,
stop sign or traffic-control signal located at the side of a highway.
(8)
Between a safety zone and the adjacent curb or within
30 feet of points on the curb immediately opposite the ends of a safety
zone unless a different length is indicated by signs or markings.
(9)
Within 50 feet of the nearest rail of a railroad crossing.
(10)
Within 20 feet of the driveway entrance to any
fire station and, on the sides of a street opposite the entrance to
any fire station, within 75 feet of such entrance when properly sign-posted.
(11)
Alongside or opposite any street excavation
or obstruction when such stopping, standing or parking would obstruct
traffic.
(12)
On the street side of any vehicle stopped or
parked at the edge or curb of a street.
(13)
Upon any bridge or other elevated structure
upon a highway or within a highway tunnel.
(14)
At a place when an official sign is erected
which prohibits or restricts the stopping, standing or parking of
vehicles.
(15)
Within 200 feet of an accident at which police
officers are in attendance.
(16)
In front of any theater.
(17)
In any place or in any manner so as to block
immediate egress from any emergency exit or exits, conspicuously marked
as such, of buildings.
(18)
In any place or in any manner so as to block
or hamper the immediate use of and immediate egress from any fire
escape, conspicuously marked as such, providing an emergency means
of egress from any building.
(19)
In a parking space reserved for a handicapped
person unless the person parking the vehicle is a handicapped person
as so defined or is parking the vehicle for the benefit of such a
person. Absence of both the certificate of identification issued under
MCLA § 257.675 as amended and the special registration plate
issued under MCLA § 257.803d as amended shall be prima facie
evidence of a violation of this subsection.
(20)
On a street or highway in such a way as to obstruct
the delivery of mail to a rural mailbox by a carrier of the U.S. Postal
Service.
(21)
In a place or in a manner which blocks the use
of an alley.
(22)
In any area which must be accessed by the driver of a vehicle driving upon or across a curb in violation of § 36-116.
(23)
On any unimproved surface within a side yard
of a residential lot in a residential zoning district. An unimproved
surface is one which is not surfaced with concrete, asphalt, gravel
or similar material. A side yard is that area consisting of an open
space unoccupied and unobstructed from the ground upward between a
building and the side lot line extending from the front yard or setback
line to the rear yard or to the lot line when there is no front or
rear yard.
(24)
On any roadway or drive accessible to the general
public at the Kalamazoo-Battle Creek International Airport where posted
signs prohibit the parking of unattended vehicles, or where posted
signs limit the amount of time where an attended vehicle may remain
in a standing or parked position. Unattended vehicles that are found
to be in violation of this subsection may be towed without warning
to the driver and/or owner.
C.
No person shall move a vehicle not lawfully under
his control into any prohibited area designated in this section or
away from a curb such distance as is unlawful.
D.
General prohibitions relating to commercial vehicles:
(1)
No person shall park any commercial vehicle, or any
type of equipment, trailer or truck, having a gross vehicle weight
in excess of 10,000 pounds, and/or having more than two axles, and/or
exceeding nine feet in overall height measured from the ground, and/or
exceeding 21 feet in length, in any residential zoning district.
(2)
The definition of the term "commercial vehicle" shall
be as stated in the Michigan Motor Code (MCLA § 257.7) and
shall include, but not be limited to the following: semi-trucks, dump
trucks, stake trucks, flatbed trucks, wreckers, and tank trucks.
(3)
This prohibition applies to any and all areas within
any residential zoning district, except that the parking of commercial
vehicles or commercial equipment shall be allowed in any residential
zoning district, where such parking is limited to vehicles or equipment
engaged in the performance of a service on the adjacent or underlying
property, for the period of time reasonably necessary to complete
the service.
(4)
In any proceeding for a violation of this section,
proof that the particular vehicle described in the citation, complaint
or warrant was involved in such violation, together with proof that
the defendant named in the citation, complaint or warrant was, at
the time of the violation, the registered owner of the vehicle, shall
constitute in evidence a presumption that the registered owner of
the vehicle was the driver of the vehicle at the time of the violation.
[1]
Editor's Note: Ord. No. 1568, adopted 2-21-1994, which amended §§ 36-4 and 36-175 of the Code of Ordinances pertaining to the duties and responsibilities of the Traffic Engineer, superseded and repealed the provisions of former § 36-164. Former § 36-164 pertained to the authority of the Traffic Engineer, with the consent of the City Commission, to place prohibitions or restrictions on specific streets and derived the former Traffic Code and Ord. No. 1110, § 1, adopted 3-28-1977.
[Traf. Code § 22e]
No person having control or charge of a motor
vehicle shall allow such vehicle to stand unattended on any street,
highway or parking lot, without first effectively setting the brakes
thereon, stopping the motor, locking the ignition and removing the
keys therefrom, and, when standing on any grade, without turning the
front wheels of such vehicle to the curb or side of the street or
highway.
[Traf. Code §§ 22a, 22b]
A.
Except as otherwise specifically provided in this
article, every vehicle parked upon a street shall be so parked with
the wheels of such vehicle parallel to the roadway and within 12 inches
of any existing right-hand curb.
B.
Vehicles may be parked with the left-hand wheels adjacent
to and within 12 inches of the left-hand curb of properly signed one-way
streets.
[Traf. Code §§ 22c, 83j]
A.
The Traffic Engineer shall determine the location
of angle parking zones and shall erect and maintain appropriate signs
or markings indicating the same and giving notice thereof, except
that no such zones shall be established on state trunk line highways.
B.
Upon those streets which have been signed or marked
by the Traffic Engineer for angle parking, no person shall park a
vehicle other than at the angle to the curb or edge of the roadway
indicated by such signs or markings.
[Traf. Code § 22f]
No person shall park any vehicle upon a street
in such a manner or under such conditions as to leave available insufficient
width of the roadway for the free movement of vehicular traffic.
[Traf. Code § 25; amended 6-23-1975 by Ord. No.
1061]
A.
No person shall park a vehicle upon any street for
the principal purpose of:
[Traf. Code §§ 25, 83k; amended 2-18-1980 by Ord. No.
1187; 8-12-2024 by Ord. No. 2088]
A.
It shall be unlawful for any person to park, allow to be parked, or allow to remain parked any motor vehicle on any paved surface of any public street of the City between the hours of 2:00 a.m. and 6:00 a.m. except where overnight parking is allowed by permit as provided in § 36-187, or where parking is along a specific block on a specific street designated as an exception to this subsection pursuant to Subsection C below.
B.
The Traffic Engineer shall erect signs giving notice
of the provisions of this section.
C.
Specific blocks of specific streets may be permitted as exceptions to the foregoing general provisions (in Subsection A), when so designated by the Traffic Engineer with the consent of the City Commission.
D.
Vehicles parked in violation of Subsection A shall be subject to immediate impoundment, in addition to being ticketed, if, in the opinion of the Director of Public Works or his designee, the vehicle or vehicles are interfering or will interfere with the performance of necessary street maintenance service, including but not limited to street cleaning or snow plowing operations.
[Traf. Code § 83i]
It shall be unlawful for any person to stop or park any motor vehicle on any pedestrian, special event or play street established pursuant to § 36-16 in violation of the Traffic Engineer's order relating to such street.
[Traf. Code § 26]
No person shall park or stop a vehicle within
any public court or alley, unless such parking is permitted or such
stopping is required by other laws, posted signs or directions of
a police officer, unless the same is a commercially licensed vehicle
actually being loaded or unloaded, and then for a period not to exceed
one hour; provided, however, that if the space remaining for the passage
of other vehicles is eight feet or less, such period shall not exceed
10 minutes.
[Traf. Code § 23; amended 10-30-1995 by Ord. No.
1603]
No motor vehicle shall be parked or allowed
to stand between the curb and sidewalks, between the curb and the
right-of-way line, or on any grassy parkway of any curbed public street
including driveway approaches within the public right-of-way. Unless
otherwise prohibited, motor vehicles may be parked or allowed to stand
between the drainage line and sidewalk, between the drainage line
and the right-of-way line, or on a grassy parkway along uncurbed public
streets provided the vehicles are parked parallel to the road edge
no more than one vehicle deep and do not obstruct traffic. Any vehicle
lawfully parked on a curblawn area overnight must be completely off
of and not overhang the paved street surface. The Traffic Board may,
in its discretion, prohibit parking adjacent to uncurbed streets.
Any vehicle parked upon any curblawn area which is not equipped with
proper and current registration or a proper and current license plate
shall be subject to impoundment.
[Traf. Code § 25]
No unattached trailer or semitrailer shall be
parked at any time in or upon the public streets of the City, except
when it is necessary for loading or unloading. No vehicle with a trailer,
house car or mobile home attached thereto shall be parked on any public
street where angle parking is allowed nor shall it be parked for a
period of more than three hours on any public street in the City.
[Traf. Code §§ 27, 83, 84;
amended 6-4-1984 by Ord. No. 1324; 2-21-1994 by Ord. No. 1568; 8-21-1995 by Ord. No.
1595; 7-1-2002 by Ord. No. 1735; 1-3-2011 by Ord. No. 1877; 8-12-2024 by Ord. No. 2091]
A.
PARKING PAYMENT DEVICE
PARKING ZONES
Except as otherwise provided, the following terms
and phrases shall have the meanings indicated:
Any device used to accept payment for parking, such as parking
meters, pay station kiosks, mobile devices, pay-in-advance boxes,
or other methods approved by the City Commission.
One or more areas designated by the Traffic Engineer where
parking on streets or portions of streets is controlled and regulated
by parking payment devices as defined in this section.
B.
The Traffic
Engineer is authorized to determine, designate, modify, or change
by traffic control orders parking zones on City streets and in all
parking facilities, owned, leased or managed by the City, except as
otherwise may be provided in this section, the days of the week, hours
of the day, and the intervals of time for which parking is permissible
as well as for which paid parking is required in each parking zone,
the funds and information required to complete a parking transaction
for parking in individual parking spaces so designated and marked
in parking zones. The Traffic Engineer shall install and maintain
as many parking payment devices as necessary in parking zones, where
it is determined that the installation of parking payment devices
shall be necessary to aid in the regulation, control, and inspection
of the parking of vehicles.
C.
The Traffic
Engineer shall erect signs in conspicuous places in parking zones
giving notice of the funds and information required to complete a
parking transaction for parking in individual parking spaces.
D.
Stopping,
standing, and parking; exceptions.
(1)
No
person shall stop, stand, or park a vehicle in a parking space regulated
by a parking payment device, up to the maximum legal parking time,
unless all the following conditions are met:
E.
It shall be a defense to any infraction under Subsection F if the defendant establishes all the following:
(1)
The
required payment was made;
(2)
The
failure to comply with this subsection was due to inadvertent user
error resulting in an incorrect submission of either license plate
or zone number at a kiosk, meter, or online application; and
(3)
Such
error does not prevent ready identification of the parked vehicle
or intended parking zone.
F.
Where maximum
lawful time limits of parking are established within parking zones,
no person shall park a vehicle or permit the same to remain within
said zone for a time period in excess of the established lawful limit
for the zone, Monday through Saturday, except legal holidays. Each
additional expiration of the established lawful maximum time limit
for a metered parking zone shall constitute a separate violation.
Where maximum lawful, free, time-limited parking is established within
parking zones, no person shall park a vehicle or permit the same to
remain within said zone for a time period in excess of the established
lawful limit, except Sunday and legal holidays. Each additional expiration
of the established lawful, free time-limited parking zone shall constitute
a separate violation.
H.
No person
shall place or maintain upon any street any parking payment device
bearing thereon any commercial advertising. A violation of this subsection
shall be a civil infraction subject to a fine of $100.
I.
In all on- and-off street parking facilities owned or leased by the City for public parking, a vehicle shall be parked entirely within the parking space for which the parking payment device shows the parking privilege has been granted, or entirely within a marked parking space if paid parking is not then required and shall not occupy more than one parking space. A violation of this subsection shall be subject to a fine in an amount equal to that charged for double parking in § 36-185 of this Code.
[Traf. Code § 22h]
In case of the breakdown of a vehicle, the driver
shall immediately take all reasonable precautions to prevent accidents
by warning other drivers thereof by means of flares, lights or other
signals.
[Traf. Code § 22g]
A.
The operator of a vehicle starting from a parked position
shall give moving vehicles the right-of-way and shall give a timely
and visible warning signal before so starting.
B.
The operator of a vehicle parked at an angle to the
curb and about to start shall give moving vehicles the right-of-way
and shall not back such vehicle from the curb into the moving lane
of traffic, unless such maneuver can be made in safety and without
conflict with moving vehicles.
[Traf. Code §§ 28, 831]
A.
The Traffic Engineer is hereby authorized to determine
the location of passenger and freight curb-loading zones and shall
place and maintain appropriate signs indicating the same and stating
the hours during which such zones shall be restricted for loading
purposes.
B.
No person shall stop, stand or park a vehicle for
any purpose or period of time, except for the expeditious loading
or unloading of passengers, in any place marked as a passenger curb
loading zone during hours when the regulations applicable to such
passenger curb loading zone are effective, and then only for a period
not to exceed five minutes.
C.
No person shall stop, stand or park a vehicle for
any purpose or length of time, other than for the expeditious unloading
and delivery or pickup and loading of materials, in any place marked
as a freight curb loading zone during hours when the provisions applicable
to such zone are in effect; provided that, the driver of a vehicle
may stop temporarily at a place marked as a freight curb loading zone,
for the purpose of and while actually engaged in loading or unloading
passengers, when such stopping does not interfere with any motor vehicle
used for the transportation of materials which is waiting to enter
or about to enter such zone.
[Traf. Code § 22d]
No person shall stop, stand or park any vehicle
at right angles to the curb, for the purpose of loading or unloading
merchandise, unless signs permitting the same are posted at such place.
[Traf. Code §§ 28, 83m]
A.
The Traffic Engineer is hereby authorized to establish
bus stops, bus stands, taxicab stands and stands for other passenger
common-carrier motor vehicles on such public streets, in such places
and in such number as he shall determine to be of the greatest benefit
and convenience to the public. Every such stop or stand shall be designated
by appropriate signs, which the Traffic Engineer may cause to be erected
by the carrier for whom it is designated, unless otherwise directed
by the City Commission.
B.
No person shall stop, stand or park a vehicle, other
than a bus in a bus stop, or other than a taxicab in a taxicab stand,
when such stop or stand has been officially designated and appropriately
signed, except that the driver of a passenger vehicle may temporarily
stop therein for the purpose of and while actually engaged in the
expeditious loading or unloading of passengers and when such stopping
does not interfere with any bus or taxicab about to enter such zone;
provided, however, that parking in a bus stop at any time, when buses
are not scheduled upon the streets of this City, shall not be a violation
of this subsection.
[Traf. Code § 28]
The operator of a bus shall not stand or park
upon any street in any business district at any place other than a
bus stop. This provision shall not prevent the operator of any bus
from temporarily stopping, in accordance with general traffic regulations,
for the purpose of loading or unloading passengers.
[P.S. Code § PS750.5; Traf. Code
§ 86b; amended 9-17-1979 by Ord. No. 1174; 12-9-1985 by Ord. No. 1366]
A.
Whenever any motor vehicle without driver is found
parked or stopped in violation of any of the provisions of this chapter
or any order promulgated under this chapter, or in violation of state
law, the police officer finding such vehicle shall take its registration
number and may take any other information displayed on the vehicle
which may identify its user, and shall conspicuously affix to such
vehicle a parking ticket or notice of violation. The City Manager
may delegate to other persons the power to issue and affix such tickets
or notices for parking violations, but no other power normally exercised
by a police officer or public safety officer in the exercise of his
normal duties.
B.
The issuance of a parking ticket or notice of violation
by a police officer or public safety officer or other authorized person
shall be deemed an allegation of a parking violation. Such traffic
ticket or notice of violation shall indicate the length of time in
which the person to whom the same was issued must respond before the
Parking Violations Bureau. It shall also indicate the address of the
bureau, the hours during which the bureau is open, the amount of the
penalty scheduled for the offense of the person to whom the ticket
was issued and advise that a civil infraction citation will be sought
if such person fails to respond within the prescribed time.
[Traf. Code § 29]
In any proceeding for violation of the parking
provisions of this chapter, the registration of ownership of the plate
displayed on such motor vehicle shall constitute, in evidence, a prima
facie presumption that the owner of such motor vehicle was the person
who parked or placed such motor vehicle at the point where such violation
occurred. In case two or more persons are the registered owners, either
may be presumed to be the person who parked or placed such motor vehicle
as aforesaid. In case such motor vehicle is or has been rented or
leased from a commercial leasing establishment or service, it shall
be presumed, as prima facie evidence, that the person whose name appears
as lessee on the lease agreement was the person who parked or placed
such motor vehicle at the point where such violation occurred. In
case two or more persons signed the lease agreement, as lessees, either
may be presumed to be the person who parked or placed the motor vehicle
as aforesaid.
[P.S. Code §§ PS750.1—PS750.4;
amended 9-17-1979 by Ord. No. 1174]
A.
Pursuant to § 8395 of the Revised Judicature
Act, State of Michigan, as amended, being § 600.8395 of
the Michigan Compiled Laws, a Parking Violations Bureau is hereby
established for the purpose of handling alleged parking violations
within the City and to collect and retain civil fines and costs prescribed
in the ordinance. The Parking Violations Bureau shall be under the
supervision and control of the City Manager.
B.
The City Manager shall, subject to the approval of
the City Commission, establish a convenient location for the Parking
Violations Bureau, and the City Manager shall appoint qualified City
employees to administer the bureau and adopt rules and regulations
for the operation thereof.
C.
No violation not scheduled in § 36-185 shall be disposed of by the Parking Violations Bureau. The fact that a particular violation is scheduled shall not entitle the alleged violator to disposition of the violation at the bureau, and in any case, the person in charge of such bureau may refuse to dispose of such violation, in which case any person having knowledge of the facts may make a sworn complaint before any court having jurisdiction of the offense as provided by law.
D.
No violation may be settled at the Parking Violations
Bureau, except at the specific request of the alleged violator. No
penalty for any violation shall be accepted from any person who denies
having committed the offense, and in no case shall the person who
is in charge of the bureau determine, or attempt to determine, the
truth or falsity of any fact or matter relating to the alleged violation.
No person shall be required to dispose of a parking violation at the
Parking Violations Bureau and all persons shall be entitled to have
any such violation processed before a court having jurisdiction thereof,
if he so desires. The unwillingness of any person to dispose of any
violation at the Parking Violations Bureau shall not prejudice him
or in any way diminish the rights, privileges and protection accorded
to him by law.
[P.S. Code § PS750.6; amended 6-9-1975 by Ord. No.
1059; 6-23-1975 by Ord. No. 1060; 5-2-1977 by Ord. No. 1112; 12-26-1979 by Ord. No. 1181; 6-1-1987 by Ord. No. 1414; 2-24-1992 by Ord. No.
1524; 2-15-1999 by Ord. No. 1668; 3-30-2001 by Ord. No. 1717; 3-17-2003 by Ord. No. 1756; 6-16-2008 by Ord. No. 1841; 5-2-2016 by Ord. No.
1939; 8-12-2024 by Ord. No. 2089]
The schedule of fines and late fees for parking
violations shall be as follows, unless otherwise provided by ordinance:
|
Violation
|
Initial Fine
|
Penalty After 7 Days
|
Penalty After 14 Days
|
Penalty After 30 Days
|
|---|---|---|---|---|
|
Expired meter1
|
$15.00
|
$30.00
|
$40.00
|
$50.00
|
|
Overtime
|
$15.00
|
$30.00
|
$40.00
|
$50.00
|
|
Loading zone
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
15 feet of fire hydrant
|
$30.00
|
$60.00
|
$70.00
|
$80.00
|
|
Parked in alley
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
Curb lawn
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
Over 1 foot from curb
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
Parking against traffic
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
No parking here to corner
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
No parking anytime
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
No parking between drives
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
No parking 11:00 p.m. to 6:00 a.m.
|
$15.00
|
$30.00
|
$40.00
|
$50.00
|
|
No stopping or standing
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
Bus stop
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
Taxi zone
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
Double parking
|
$30.00
|
$60.00
|
$70.00
|
$80.00
|
|
Parked on sidewalk
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
No permit City lot
|
$15.00
|
$30.00
|
$40.00
|
$50.00
|
|
Blocking drive
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
Obstructing traffic
|
$30.00
|
$60.00
|
$70.00
|
$80.00
|
|
Keys in ignition
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
Not parked within space provided
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
No parking between signs
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
Obedience to angle parking signs
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
Parking within intersection
|
$30.00
|
$60.00
|
$70.00
|
$80.00
|
|
Fire lane
|
$30.00
|
$60.00
|
$70.00
|
$80.00
|
|
Side yard
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
Blocking emergency exit
|
$30.00
|
$60.00
|
$70.00
|
$80.00
|
|
Blocking fire escape
|
$30.00
|
$60.00
|
$70.00
|
$80.00
|
|
Taking two spaces
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
30 feet of stop sign
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
Within 20 feet of crosswalk
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
Within 15 feet of intersection
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
Alternate side of street parking
|
$15.00
|
$30.00
|
$40.00
|
$50.00
|
|
City vehicles only
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
Rented meter (bags)
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
No parking except Sunday
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
Front yard
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
Other, as described
|
$15.00
|
$30.00
|
$40.00
|
$50.00
|
|
Handicapped vehicles only
|
$75.00
|
$100.00
|
$125.00
|
$150.00
|
|
Parking trailers, mobile homes, etc.
|
$20.00
|
$40.00
|
$50.00
|
$60.00
|
|
Hotel and center vehicles only
|
$10.00
|
$20.00
|
$30.00
|
$40.00
|
|
No overnight parking permit
|
$15.00
|
$30.00
|
$40.00
|
$50.00
|
|
NOTE:
| |
|---|---|
|
1
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Expired meter violations shall be voided upon
request if the vehicle in question has not received an expired meter
violation notice in the preceding six months.
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[Added 11-16-1998 by Ord. No. 1662;
amended 5-3-1999 by Ord. No. 1673; 8-5-2002 by Ord. No. 1742]
A.
For the purposes of protecting the public health,
safety and general welfare, for the enhancement of the visual environment
of the City and for the purpose of preserving residential neighborhoods,
the parking, storage or leaving unattended of any motor vehicle on
any surface other than an approved parking surface at any property
used primarily or exclusively as a single-family residence, duplex,
or multifamily dwelling, or at a vacant lot adjacent to any property
used primarily or exclusively for residential purposes anywhere in
the City is hereby declared to be a public nuisance and is hereby
prohibited.
B.
For the purposes of this section, the term "approved
parking surface" shall mean an area surfaced with concrete, asphalt,
gravel, or similar material. Such surfacing shall have adequate coverage
and barriers sufficient to confine the material. A driveway shall
be surfaced with concrete, asphalt, gravel or similar material. Such
surfacing also shall have adequate coverage and barriers sufficient
to confine the material, as approved by the Building Official.
C.
For the purposes of this section, the term driveway
shall mean an access roadway leading from an authorized curb cut to
a garage, carport or required parking space, including turnaround
and other vehicle maneuvering areas, and including circular driveways
from an authorized curb cut to another authorized curb cut.
D.
Nothing in this section shall prohibit the parking
of motor vehicles upon driveways.
E.
Nothing in this section shall be deemed to prohibit
the City from taking action to abate any nuisance or blighting condition
caused by the parking of vehicles in any residential district or at
any property used primarily or exclusively as a single-family residence,
duplex, or multifamily dwelling.
F.
The prohibitions in this section shall not apply to
the following:
(1)
Recreational vehicles parked at any single-family
home or duplex, provided that they are stored in the side or back
yard.
(2)
Vehicles being used for governmental or utility purposes.
(3)
Vehicles used for moving, construction, repair, cleaning,
or similar activities at a single-family residence, duplex, or multifamily
dwelling.
(4)
Any other parking of vehicles expressly authorized
by another section of this code, or by special permission of the Kalamazoo
City Commission, or by the Chief of Public Safety or his or her designee.
G.
Each day that any vehicle is parked, stored, or left
unattended in violation of this section shall be deemed a separate
violation. Any vehicle parked, stored, or left unattended in violation
of this section may be issued a parking citation. Upon a finding of
responsibility, the owner of the vehicle shall be assessed a fine
of $25 per vehicle. Upon a finding of responsibility for any violation
occurring within two years of a previous finding of responsibility,
the owner of the vehicle shall be assessed a fine of $50 per vehicle.
If any vehicle owned by a person found responsible for a violation
of this section is again parked, stored or left unattended at the
same property in violation of this section within two years of a finding
of responsibility for a violation of this section, that vehicle may
be impounded by the Kalamazoo Department of Public Safety at the owner's
sole expense without prior notice to the owner.
H.
In addition to parking citations issued to any vehicle
parked, stored, or left unattended in violation of this section, the
owner and/or occupant of any such property where a vehicle is stored
or parked in violation of this section shall be guilty of a misdemeanor.
Each day that a vehicle is parked, stored, or left unattended in violation
of this section shall be deemed a separate violation. Upon conviction
for a misdemeanor violation of this section, the owner and/or occupant
of the property shall be assessed a fine of $50 for each violation.
Upon conviction for any misdemeanor violation of this section occurring
within two years of a previous conviction, the owner and/or occupant
of the property shall be assessed a fine of $25. Upon a conviction
for a violation of this section, the City may serve written notice
by first class mail to the owner of the property and by posting at
the property notice of its intent to remove and impound any vehicle
parked, stored, or left unattended at the property in violation of
this section.
[1]
Editor's Note: Ord. No. 1662, adopted 5-3-1999,
repealed Ord. No. 1483, adopted 1-29-1990, which also regulated parking
or storage of motor vehicles in required front yard in residential
districts.
[Added 8-12-2024 by Ord. No. 2090]
A.
Areas
along specific blocks of specific streets where overnight parking
between the hours of 2:00 a.m. and 6:00 a.m. is allowed by permit
may be designated by order of the Traffic Engineer. The Traffic Engineer
shall erect signs giving notice of the provisions of this section
in areas so designated.
B.
The City
Manager, or the City Manager’s designee, shall develop, supervise,
administer and enforce a program for the issuance and enforcement
of overnight parking permits to residents of a zone designated for
overnight parking by permit. The City Manager is authorized to enter
into contracts for the administration of this program.
(1)
Residents
of a zone designated for overnight parking may apply for a permit
for their own use, as well as separate permits for use by guests of
the resident. Resident and guest permits shall be issued for such
periods as may be determined by the Deputy Director of Community Planning
and Economic Development. The form for the application and means of
applying for such permits will be determined by the Deputy Director
of Community Planning and Economic Development.
(2)
A
fee may be charged upon application for an overnight parking permit,
with the fee to be determined from time to time by resolution of the
City Commission.
C.
It will
be a violation of this section for any person to:
(1)
Park
in an area designated for overnight parking without a valid overnight
parking permit for the parked vehicle issued as provided in this section;
(2)
Make
any false, untrue, or misleading statement on any application for
an overnight parking permit or renewal thereof, or to willfully withhold
information or make incomplete disclosure concerning any matter required
to be furnished in connection with any such overnight parking permit;
(3)
Fail
to report a change of residence or vehicle ownership within 15 calendar
days upon which facts an overnight parking permit is issued;
