(1) Downtown Parking District Defined: For purposes of this Article, the "downtown district" will be defined as the area commencing at the intersection of S. 5th Ave. and Blaine St., then northeasterly to the railroad tracks, then southeasterly to Kimball Ave., then northeasterly to Albany St., then southeasterly to N. 9th Ave., then southwesterly to Main St., then southeasterly to 10th Ave., then southwesterly to Blaine St., then northwesterly to Kimball Ave., then southwesterly to Cleveland Blvd., then northwesterly to S. 6th Ave., then northeasterly to Blaine St., then northwesterly to S. 5th Ave.
(2) Authorization. The City Council may by resolution establish locations within the downtown district for which parking must be paid, the amounts and schedules required to be paid, applicable hours, and seasonal enforcement dates. All required fees shall be paid by any method approved by the Planning & Zoning Director, designated parking compliance officer ("Manager"), or third-party operator, and these may include, without limitation, paper bills, coins, credit cards, cellphone or internet payments. The City Council may identify any number of stalls within a lot for paid parking, and delegate to the Manager the responsibility of designating the specific stalls.
(3) Third-Party Operator. The City Council, by contract, may authorize third-party operation, management, monitoring and enforcement of parking regulations in the downtown district. A contracted third-party operator may also be authorized to administer the collection of parking fees and fines on behalf of the city.
(4) Rate Intent. The parking rates in city-controlled parking areas shall be intended to produce a target measured occupancy of eighty-five percent (85%) or less during peak visitation periods within the downtown district in order to:
A. Support downtown businesses by making parking available and by encouraging economic development;
B. Maintain adequate turnover of city-controlled parking spaces;
C. Encourage an adequate amount of parking availability for a variety of parking users, efficient use of city-controlled perimeter parking locations, and encourage use of transportation alternatives; and
D. Reduce congestion in travel lanes caused by drivers seeking available parking.
(5) Parking Fund. Revenue received from parking permits, parking fees, and parking fines derived from this Section shall be deposited into a special revenue fund designated by the Finance Director. This revenue may be expended only on the administration, operation, and enhancement of parking management and complementary transit and alternative transportation services.
(6) Violation a Civil Infraction. Any registered owner or operator of a vehicle who violates any provision of this Section shall be deemed guilty of a civil infraction, and upon conviction shall be punishable by a civil infraction penalty as established by resolution of the City Council.
(7) Paid Parking and Time Limitations. Except as otherwise specified herein, parking within the downtown district is regulated during the hours of nine o’clock (9:00) a.m. to seven o’clock (7:00) p.m., Monday through Friday and ten o’clock (10:00) a.m. to five o’clock (5:00) p.m. on Saturday.
A. Off-Street Public Parking Lots. Except for vehicles authorized by a lawfully issued parking permit, it is unlawful for any person to park or direct another person to park a vehicle in any public parking lot in the downtown district in violation of the applicable signage without paying the required fees for the amount of time the vehicle is parked, except:
B. On-Street Parking. It is unlawful for any person to park or direct another person to park a vehicle in any on-street parking space within the downtown during the regulated days and times, without paying the required fees for the amount of time the vehicle is parked.
C. Overnight Parking. It shall be unlawful for any person without a lawfully issued parking permit to park a vehicle or trailer within the downtown for any period of time between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M, except a vehicle or trailer may be parked for a period of time not to exceed thirty (30) minutes, for the purposes of loading and/or unloading.
D. Holiday Parking. Parking in the downtown district shall be free on the following holidays: New Year's Day (January 1), Martin Luther King, Jr. Day (third Monday of January), Washington's Birthday/Presidents' Day (third Monday of February), Memorial Day (last Monday in May), Juneteenth (June 19), Independence Day (July 4), Labor Day (first Monday in September), Veterans Day (November 11), Thanksgiving Day (fourth Thursday in November), Christmas Day (December 25).
(8) Parking Fees and Fine Schedule: The fees and fines associated with parking in the downtown district shall be in accordance with the rate schedule adopted by resolution of the City Council.
(9) Accessible parking spaces designated for use in accordance with the Americans with Disabilities Act shall only be occupied by vehicles displaying a special license plate for a person with a disability, or a special placard as prescribed in Section 49-410, Idaho Code. Vehicles parked legally in an accessible parking space designated for use in accordance with the Americans with Disabilities Act are exempt from the payment of parking fees and time limitations.
(10) Authority of Manager.
A. The Manager may enter into parking management partnerships with owners of private parking lots for the purpose of uniform management of the community parking resources.
B. The Manager may propose contracts to the City Council or any third-party operator for the provision of services to allow persons to make valid payments of fees and fines by mobile devices.
(11) Notice of Parking Violations and Procedures:
A. Upon observing any vehicle stopped, standing or parked in violation of the provisions of this Section, the Manager, third-party operator, Caldwell Police Department, and the Manager are authorized to serve a notice of parking violation ("parking citation") by any one or more of the following means:
1. By securing a parking citation to the vehicle;
2. By personally serving the operator or owner of the vehicle with a parking citation;
3. By personally serving a passenger of the vehicle with a parking citation in the presence of the owner or operator of the vehicle; or
4. By mailing, via United States Postal Service first class mail, a parking citation to the vehicle's owner at the address maintained in motor vehicle registration records or other contracted database service providers.
B. Every parking citation shall include the following, if applicable to the observed violation:
1. The date and time at which the violation was observed;
2. The location where the violation occurred, including if relevant, the parking meter number;
3. The license plate number or vehicle identification number (VIN) and make of the vehicle observed to be in violation;
4. The Code section violated and a brief description of the violation;
5. The fine amount;
6. Instructions explaining how the registered owner or operator of the vehicle in violation may pay the fine associated with the violation; and
7. A statement describing the process by which the operator or registered owner of the vehicle in violation may contest the violation indicated on the parking citation.
C. A separate parking citation may be served for each violation, including cumulative violations for each time period exceeded.
D. One copy or an automated record of each parking citation shall be filed with the Manager.
E. Each person served with a parking citation shall, within ten (10) business days from the date on the parking citation, or if notice is served by mail, within ten (10) business days from the date of posting to the address of the vehicle's registered owner:
1. Pay the corresponding parking fine;
2. Pay the corresponding parking fine amount, plus any applicable fees, using an on-line payment system authorized by the Manager; or
3. Submit to the Manager or third-party operator a request for reconsideration of the violation indicated on the parking citation.
F. A request for reconsideration is an informal process where a person who received a parking citation may submit a written challenge to the validity of a parking citation and ask for reconsideration of the citation by the Manager. The Manager shall issue a decision within ten (10) business days of the receipt of the request for reconsideration and the decision shall become effective immediately. The registered owner or operator may contest the citation in the Third District Magistrate Court following the procedures set forth in this Section regardless of a request for reconsideration.
G. Failure of an operator or owner to either pay the parking fine or to request reconsideration of the parking citation within ten (10) business days from the date on the parking citation, or if notice is served by mail, within ten (10) business days from the date of posting notice to the address of the vehicle's registered owner, shall result in an additional administrative fee in an amount as established by the City Council by resolution. The administrative fee may be assessed every six (6) months to defray the on-going administrative and personnel costs and mailing expenses arising from the overdue fines.
(12) Procedures To Contest Parking Violations; Parking Citation Delinquency And Collection:
A. Time Limit For Required Action: Failure to strictly comply with the following requirements prohibits the registered owner or operator from contesting a parking citation in court. In order to contest a parking citation in the Third District Magistrate Court, a registered owner or operator must within thirty (30)- days of receipt of the parking citation:
1. Timely seek reconsideration under Section 09-07-12(12)e and f;
2. Provide written notice to the Manager or third-party operator of the intent to contest a parking citation; and
3. Accept service of complaint and summons in person at the office of the Manager.
B. Separate Offense: Each calendar day on which a violation to any provision of this Section occurs or continues shall constitute a separate offense, unless otherwise specified herein.
C. Delinquent Parking citations: The city may utilize all available collection methods to recoup fines and fees owed on all delinquent parking citations. Nothing herein alters the assessment of fees associated with failure to pay the parking citation within the time frames dictated within this Section. A parking citation shall be deemed delinquent if:
1. The registered owner or operator fails to either pay or contest a parking citation in court within ten (10) days from the date of its original date of issuance;
2. The registered owner fails to either pay or contest a parking citation within ten (10) days from the date of posting notice of the citation by U.S. first class mail to the address of the vehicle's registered owner; or
3. The registered owner or operator fails to accept service of the summons within thirty (30) days of his written notice to contest the parking citation in court.
(Ord. 3546, 11-21-2023)