A. Definitions: For the purposes of this section, the following words shall have the meanings respectively ascribed to them in this subsection, except where the context clearly indicates a different meaning:
COMMUTER VEHICLE: A motor vehicle, other than a "resident vehicle" as defined in this subsection.
MOTOR VEHICLE: An automobile, truck, recreation vehicle, motorcycle, or other motor driven or self-propelled form of transportation.
OWNER OR RESIDENT: A person who has at least a one-fourth (1/4) interest in a parcel of real property or dwelling thereon, or a person who holds a valid, enforceable tenancy in property and/or dwelling which is within a residential parking permit area.
RESIDENT VEHICLE: A motor vehicle parked in a residential area which is owned or controlled by the resident or guest thereof.
RESIDENTIAL DWELLING UNIT/RESIDENCE: A dwelling, house, or building in which a person lives and resides on a daily basis for a majority of the months out of each year.
RESIDENTIAL PARKING PERMIT AREA: A contiguous or nearly contiguous area containing public streets, roadways and highways or parts thereof primarily abutted by residential property or residential and nonbusiness property (such as schools, parks, churches, hospitals and nursing homes) where parking upon portions or all of a public street, roadway or highway within a residential area is limited unless the vehicle properly displays a valid residential parking permit authorized by this section.
B. Establishment Authorized: The city council may, following the procedures set forth in subsection C of this section, establish a residential parking permit area upon a portion or all of a designated street, limiting parking on designated streets to the residents of such area and their guests.
C. Criteria For Establishment:
1. No residential parking permit area shall be established unless the following criteria exist:
a. A petition is filed with the city clerk from the owners or residents of at least seventy five percent (75%) of the residential dwelling units within a proposed residential parking permit area;
b. The land abutting at least one side of a street segment designated as the residential parking permit area is zoned R-1 and used for single-family residential purposes;
c. The streets in the area contained in the residential parking permit area are adversely impacted by the parking of commuter vehicles;
d. That there are reasonable and generally acceptable alternate areas for which displaced vehicles may relocate, or other modes of transportation to be utilized; and
e. That residents of the residential parking permit area are willing to accept the restrictions of this section.
D. Procedure:
1. Upon the filing with the city clerk of a petition from the owners or residents of at least seventy five percent (75%) of the residential dwelling units within a proposed residential parking permit area, the city clerk shall refer the petition to the city manager.
2. The city manager shall notify by first class mail all owners and residents of property within and adjacent to the proposed residential parking permit area of the filing of said petition, the intent to designate the residential area as a residential parking permit area, and the time, date and location at which said petition shall be considered during a public hearing. Notice of the public hearing shall state the purpose, time and location of the public hearing at which the proposed residential parking permit area shall be discussed. Such notice shall be published in a newspaper of general circulation in the city at least seven (7) days prior to the public hearing.
3. Following the public hearing, the city council may establish said area by the adoption of an ordinance designating all or a portion of the area considered during the public hearing as a residential parking permit area.
4. Upon the passage of an ordinance by the city council to designate a residential parking permit area, the city manager shall mail to every residence within the designated residential parking permit area a total of four (4) parking permits and a notice of designation that shall inform the residents in the designated area of:
a. The existence, location, and designation of the residential parking permit area;
b. The parking restrictions applicable to all vehicles in curbside parking spaces along public streets and highways in the designated area that do not properly display a parking permit authorized by this section; and
c. The procedures regarding the use and display of such parking permits.
E. Posting Of Residential Parking Permit Area: Following the city council's affirmative vote to designate a residential parking permit area, appropriate parking signs shall be erected in the designated area.
F. Issuance Of Permits:
1. Upon the implementation of this section, which establishes a designated area as a residential parking permit area, each residence shall receive, by first class mail from the city manager, four (4) residential parking permits for vehicles owned or controlled by the resident and/or his guests. Said permits shall be issued to each residence within a residential parking permit area and shall remain valid until October 1, 1999. All permits issued on or after October 1, 1999, shall remain valid for a period of two (2) years and shall expire on October 1 of every odd numbered year, or sooner if other provisions of this section warrant such termination. It shall be the responsibility of the parking permit holder to obtain renewed permits through the parking division of the city.
2. Upon a showing of hardship or other just cause, the city manager may increase the number of parking permits issued to any residence if such increase is shown to further the goals of the residential parking permit process.
3. No parking permit shall be issued to any person who does not reside on a regular basis, or is not a guest, at a residence within the designated residential parking permit area.
G. Display Of Permits: All vehicles parking on the street in a residential parking permit area shall display a valid residential parking permit. Such permit shall be hung from the rearview mirror in a manner so as to be easily visible from outside the vehicle.
H. Use Of Parking Permits; Violations:
1. A parking permit shall not guarantee or reserve a parking space within a designated residential parking permit area. A parking permit shall not authorize the standing or parking of any vehicle in such places and during such times when the stopping, standing or parking of vehicles is prohibited or set aside for specified types of vehicles, and shall not excuse the observance of any traffic regulation.
2. Whenever the criteria of the residential parking permit area is no longer met, either due to a change in the impact of parking, interest of residents, or change of occupancy in a residential dwelling unit, each resident or guest of the residential dwelling unit affected by such change shall immediately surrender any parking permits in his possession to the city manager.
3. A parking permit shall remain valid either until the resident ceases to reside within the designated residential parking permit area or until the expiration or termination of the permit pursuant to applicable provisions of this section, whichever comes first.
4. Parking permits provided to a guest of a resident within a residential parking permit area shall remain valid for the guest's vehicle only during such time as such person remains a guest of the resident.
5. A parking permit shall be valid only in the residential parking permit area for which it is issued.
6. It shall be a violation of this section for any person to represent in any fashion that a vehicle is entitled to a parking permit authorized by this section when it is not so entitled. The display of a parking permit on a vehicle not entitled to such a parking permit shall constitute such a representation.
7. It shall be a violation of this section for any person to duplicate, or attempt to duplicate, by any means, a parking permit authorized by this section. It also shall be a violation of this section for any person to display on any vehicle such a duplicate parking permit.
I. Exemptions:
1. Whenever metered parking is in effect in any portion of a residential parking permit area, the parking spaces controlled by meters shall be excepted from the provisions of this section so long as the control by meters continues.
2. The provisions of this section shall not supersede the provisions of this code and state laws relating to parking by disabled persons.
3. The following vehicles are specifically exempted from the parking restrictions imposed by this section:
a. A motor vehicle owned by or operated under contract to a utility when used in the construction, operation, removal or repair of utility property or facilities or engaged in authorized work in the designated residential parking permit area.
b. A motor vehicle identified as owned by or operated under contract to a federal, state, or local governmental agency and being used in the course of official business.
c. An authorized emergency vehicle as defined by state law.
J. Penalty: Any person who violates any provision of this section shall be subject to a fine not less than fifteen dollars ($15.00) and not more than two hundred dollars ($200.00). Each day that a violation continues to occur shall be considered a separate offense.
K. Revocation Of Permit: In addition to the penalties provided above for violation of this section the city manager or the city manager's designee may revoke the residential parking permit of any person found to be in violation of this section, and, upon written notification thereof, the person shall surrender such permit to the city manager or the city manager's designee. Failure to surrender a revoked residential parking permit when requested to do so shall constitute a separate violation of this section.
L. Termination: The city council may terminate a residential parking permit area when it is determined to be in the best interest of the city, or upon receipt of a petition signed by at least seventy five percent (75%) of the residential dwelling units within such area which has been filed with the city clerk. Notice will be provided in accordance with subsection D of this section. (Ord. 2015-29)