(a) (1) The commissioner is authorized to determine the location of a permanent or temporary curb loading zone upon an application by an owner, agent or lessee of any building or parcel of property seeking a designation for a curb loading zone, and shall place and maintain appropriate signage indicating the zones and the hours during which standing, stopping or parking is restricted. In making the determination, the commissioner shall consider: whether the location of the proposed curb loading zone would (i) interfere with or impede the flow of pedestrian or vehicular traffic, or ingress or egress from any surrounding building or property; or (ii) further public convenience or safety. The application shall be in a form and format prescribed by the commissioner. The applicant shall pay a non-refundable application fee of $55.00 at the time the application is submitted. Additional applicable fees shall be governed by Section 9-68-030. Prior to the approval or disapproval of an application, the commissioner shall notify the affected alderman and solicit a recommendation based on the alderman's analysis of any relevant factors. For purposes of this section, "curb loading zone" includes a curb loading zone used solely by patrons of a licensed day care center, as defined by Section 4-75-010, for the expeditious picking up or dropping off of children under the age of seven.
(2) The commissioner is authorized to determine, upon the commissioner's initiative, the location of permanent or temporary curb loading zones, and shall place and maintain appropriate signage indicating the zones and the hours during which standing, stopping or parking is restricted. In making the determination, the commissioner shall consider whether the location of a proposed curb loading zone would further public convenience or necessity.
(b) It shall be unlawful to park, stand, or stop any vehicle in any place designated as a curb loading zone during the days of the week or hours of the day when the restrictions applicable to such zones are in effect except for the loading and pick-up or unloading and delivery of materials from commercial vehicles for the lesser of: (i) a thirty-minute period from arrival to the zone, or (ii) the time limitation posted on the signage. The vehicle’s hazard indicator lights must be flashing while the vehicle is using the zone.
Provided that the operator of a motor vehicle of the first division may stand in a curb loading zone for the purpose of and while actually engaged in the expeditious loading or unloading of passengers when such standing does not interfere with any vehicle used for the transportation of materials which is waiting to enter or about to enter such zone.
(c) The commissioner is authorized to issue special permits to allow the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of such permits. Such permit may be issued to the owner of the vehicle and shall grant to such person the privileges as therein stated and authorized therein, provided that such permit shall be either in the possession of the operator or on the vehicle at the time such vehicle is backed against the curb to take on or discharge a load. It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any such permit.
(d) The comptroller may issue a curb loading zone permit to the owner or lessee of a passenger vehicle normally used to transport property in the furtherance of a commercial or industrial enterprise in accordance with this subsection. Application for such permit shall be made to the comptroller on forms provided for that purpose. The application shall indicate: the applicant's name, address and occupation; the name, address, telephone number and nature of the commercial or industrial enterprise served by the vehicle; the state license number of the vehicle for which the permit is sought; the types of property typically carried in the vehicle; and such other information as the comptroller may require. The applicant shall sign the application and submit it with a semiannual fee of $125.00. If the applicant is a corporation, the application may be signed by an officer of the applicant; if the applicant is a partnership, a partner may sign the application. If the application discloses that the vehicle meets the requirements of this subsection, the comptroller shall issue the permit. The permit shall include the name of the commercial or industrial enterprise and the state vehicle license of the vehicle. A valid permit displayed in the lower left corner of the windshield of the vehicle qualifies the vehicle as a commercial vehicle for purposes of subsection (b) of this section. Each permit issued under this subsection shall expire six calendar months after its issuance. No such permit shall be transferable.
(e) (1) The commissioner is authorized to: (i) modify the duration of parking, standing or stopping restrictions, provided that no such modification shall take effect until the commissioner has installed appropriate signage indicating the modified parking restrictions; (ii) amend the length of or hours of operation of a curb loading zone; or (iii) remove the designation as a curb loading zone.
(2) Any curb loading zone previously established by ordinance pursuant to this section shall be subject to this section.
(f) Not less than annually, the commissioner shall make a report to the city council on all new installations, modifications, and removals of curb loading zones during the period.
(Added Coun. J. 7-12-90, p. 18634; Amend Coun. J. 9-11-91, p. 5008; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 7-7-92, p. 18778; Amend Coun J. 10-7-98, p. 78566, § 5; Amend Coun, J. 11-16-11, p. 13798, Art. I, § 7; Amend Coun. J. 10-28-15, p. 11951, Art. II, § 1; Amend Coun. J. 7-26-17, p. 53468, § 1; Amend Coun. J. 7-25-18, p. 82357, § 1)