461.01 Legislative Purpose
461.02 Legislative Findings
461.03 Definitions
461.04 Designation of Residential Permit Parking Areas
461.05 Designation Criteria
461.06 Designation Process
461.07 Recommendation of the Director of the Department of Public Safety
461.08 Issuance of Permits
461.09 Visitor Permits
461.10 Posting of Residential Permit Parking Area
461.11 Display of Permits
461.12 Permit Parking Exemption
461.13 Application for and Duration of Permit
461.14 Permit Fees
461.15 Prohibitions
461.16 Revocation of Permit
461.17 Severability
461.99 Penalty
Note: Chapter 461 was enacted by Ordinance No. 942-83, passed 6-4-84, effective 6-6-84 and renumbered by Ordinance No. 1856-84, passed 10-29-84, effective 10-31-84.
This chapter is enacted in response to the serious adverse effects caused certain areas and neighborhoods of the City of Cleveland by motor vehicle congestion, particularly the long-term parking of motor vehicles on the streets of such areas and neighborhoods by non- residents thereof, together with a lack of driveways and garages in certain neighborhoods. As set forth in more specific detail in Section 461.02 of this chapter, such long-term parking by non-residents threatens the health, safety and welfare of many of the residents of the City of Cleveland. In order to protect and promote the integrity of these areas and neighborhoods, it is necessary to enact parking regulations, restricting unlimited parking by non-residents therein, while providing the opportunity for residents to park near their homes. Uniform parking regulations restricting residents and non-residents alike would not serve the public interest. Rather, such regulation would contribute to neighborhood decline while ignoring the public transit alternatives to automobile travel available to non-residents. For the reasons set forth in the chapter, a system of preferential resident parking is enacted hereby for the City of Cleveland.
(Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)
(a) General Finding. The Council finds as a result of public testimony evidence generated by both professional urban planning studies and derived from other sources, that the continued vitality of the City depends on the preservation of safe, healthy and attractive neighborhoods and other residential areas therein. The Council further finds that the flight of residents and property owners from major metropolitan cities can be traced in part to the deterioration of such cities as attractive and comfortable places in which to reside. The Council further finds that one (1) factor that has contributed to this deterioration in the city is the excessive and burdensome practice of non-residents of certain areas and neighborhoods parking their motor vehicles for extended periods of time therein. Since there is in the city at any time a large surplus of motor vehicles over available on- and off-street parking spaces, this condition detracts from a healthy and complete urban environment. A system of preferential resident parking will serve to reduce a number of strains on residents of the city and thus promote the general public welfare.
(b) Specific Findings. The following specific legislative findings of the Council in support of preferential resident parking are set forth as illustrations of the need compelling the enactment of this chapter. They are intended as illustrations only and do not exhaust the subject of the factual basis supporting its adoption:
(1) The safety, health and welfare of the residents of the city can be greatly enhanced by maintenance of the attractiveness, convenience and livability of its neighborhoods and other residential areas;
(2) It is a fact of modern living in the city that a large portion of Cleveland residents possess automobiles and as a result are daily faced with the need to store these automobiles in or near their residences;
(3) Certain neighborhoods and areas of the city do not have sufficient on- or off-street space to accommodate the convenient parking of motor vehicles by residents thereof in the vicinity of their homes;
(4) Such areas as described in (3) above are often further burdened by influxes of motor vehicles owned by non-residents which compete for the inadequate available on-street parking spaces;
(5) There further exists certain parking “attractors” within the city, i.e., hospital and university complexes, mass transit stations and terminals, and locations convenient for commuter parking, which further exacerbate resident parking problems;
(6) Unnecessary vehicles miles, noise, pollution and strains on interpersonal relationships caused by the conditions set forth herein work unacceptable hardships on residents of these neighborhoods and other residential areas by causing the deterioration of air quality, safety, tranquility and other values available in an urban residential environment;
(7) If allowed to continue unchecked, these adverse effects on the residents of the city will contribute to a further decline of the living conditions therein, a reduction in the attractiveness of residing within said city, and consequent injury to the general public welfare;
(8) A system of preferential resident parking as enacted in this chapter will serve to promote the safety, health and welfare of all the residents of the city by reducing unnecessary personal motor vehicle travel, noise and pollution, and by promoting improvements in air quality, the convenience and attractiveness of urban residential living, and the increased use of public mass transit facilities available now and in the future. The public welfare will also be served by ensuring a more stable and valuable property tax base in order to generate the revenues necessary to provide essential public services.
(Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)
(a) “Residential area” shall mean a contiguous or nearly contiguous area containing public streets and highways or parts thereof where residents dwell;
(b) “Legal resident” shall mean a person who either owns or leases real estate as set forth in subsections (d) and (e) of this section;
(c) “Residential permit parking area” shall mean a residential area designated as herein provided wherein resident motor vehicles displaying a valid permit as described herein shall be exempt from parking time restrictions established pursuant to this chapter;
(d) “Owns” shall mean that a person has at least a one-quarter (1/4) interest in a parcel of real property within a residential permit parking area;
(e) “Lease” shall mean that a person pays rent or other remuneration for use of a parcel of real property as his or her residence or place of business;
(f) “Motor vehicle” shall include an automobile, truck, motorcycle or other motor-driven form of transportation not in excess of six thousand (6,000) pounds gross weight;
(g) “Person” shall mean a natural person.
(Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)
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