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No person shall drive onto, stop, stand or park a vehicle upon privately owned property or an area developed as a private off-street parking facility without the consent of the owner, lessee or person in charge of the privately owned property or facility.
(1999 Code, § 69.13) Penalty, see § 79.99
(A) Purpose. The purpose of this section is to:
(1) Create a customer friendly parking environment where on-street parking is utilized for short term parking primarily by patrons of individuals or organizations occupying downtown properties;
(2) Promoting the use of off-street parking lots by employees or others who need longer-term parking in the downtown area;
(3) Establish a uniform and consistent administrative procedure for handling dismissal of improvidently issued parking citations;
(4) Establish a gradually increasing financial penalty to discourage habitual parking violators;
(5) Establish a validation system so that no customer, patron or client visiting the downtown will pay a parking fine;
(6) Eliminate the three-hour per day time limit for parking in the downtown district; and
(7) Permit the Parking Administrator to utilize selective enforcement in order to maximize the effectiveness of parking enforcement officers and promote the purposes of this section.
(B) Downtown parking zone boundaries. The boundaries are as follows:
Commencing at the intersection of the south line of Third Avenue South with the westerly line of South Fourth Street, in the city, which is the point of beginning; thence easterly along the south line of Third Avenue South to the intersection of the south line with the west line of South First Street; then southerly along the west line of South First Street and vacated South First Street to the intersection of the west line with the north line of Eighth Avenue South; then westerly along said north line of Eighth Avenue South to the intersection of the north line with the westerly line of South Fourth Street; then northerly along said westerly line of South Fourth Street to the point of beginning; all located in the city.
(C) Selective enforcement. The Parking Administrator is hereby authorized to utilize selective enforcement procedures to promote the purposes of this section and maximize the use of parking enforcement funds.
(D) Parking citations. Parking citations shall have the following information printed on the citation:
Downtown patrons (not employees, business owners, sales or delivery people) may present this citation to any downtown merchant for a free validation.
Anyone not eligible for free validation may contest this charge within seven days after issuance of the citation by filing a written complaint on a form available at City Hall at the address listed above. Failure to pay a judgment for a parking violation will be grounds for refusal to renew a vehicle registration, impoundment of a vehicle, Court action and/or suspension of a vehicle owner’s driver’s license.
(E) Parking validation program.
(1) The downtown partnership division of the city’s Area Chamber of Commerce is hereby authorized to issue free parking validation stickers to all businesses and organizations in the downtown district eligible to participate in the parking validation program. The Parking Administrator is hereby authorized to establish rules and regulations for disqualification of downtown businesses or organizations who abuse the validation program by issuing validation stickers to ineligible violators. A participating business or organization is entitled to one warning from the Parking Administrator before being disqualified from the validation system. A business disqualified from participating in the validation system may reapply for participation after an ineligibility period of 12 months.
(2) The downtown partnership will reimburse the city at the rate of $2.50 per validated parking violation. The Downtown Partnership is hereby authorized to use funds from the Self Supporting Municipal Improvement District tax to subsidize the parking ticket validation program. The Downtown Partnership is also encouraged to promote the validation system to businesses and customers through coop advertising or other marketing programs conducted by the Downtown Partnership. Funds utilized to subsidize the validation program shall not exceed $1,250 per year unless additional authorization is received from the City Council.
(F) Dismissal of contested citation.
(1) A complaint contesting a citation must be presented in writing within seven days following issuance of the citation at City Hall, on a form provided at the City Clerk’s Office in City Hall. The complaint may be delivered in person or by mail.
(2) Citations shall be voided due to any of the following data entry errors.
(a) Wrong vehicle make or model;
(b) Wrong location;
(c) Wrong date;
(d) Wrong time;
(e) Wrong tag number;
(f) Incomplete information on citation; or
(g) Downtown customer.
(3) A citation may be dismissed if the violation was due to circumstances beyond the vehicle operator’s control such as:
(a) Vehicle mechanical problems (if a vehicle is temporarily inoperable and the vehicle is moved within eight hours); or
(b) Vehicle operator health problem (such as sudden illness).
(4) An out of town or out of state license tag will not be grounds to dismiss a citation. If the cost to collect a citation exceeds the amount of the fine, the Parking Administrator is authorized to consider and implement alternate collection methods permit by law.
(5) If a vehicle operator fails to display a mirror placard it is not grounds to dismiss.
(6) An administrative fee of $5 will be charged for a citation contested if the fine is greater than $5.
(7) A contractor working on a building is not grounds to dismiss a citation. Permitting procedures can be found under § 79.12(D).
(8) Other situations of undue hardship, excusable oversight or inequity. A dismissal of the citation will not be considered if the dismissal would create an inequality in enforcement that the general public is required to follow. The Parking Administrator is authorized to gather statistical information from citation data.
(9) The director of the Municipal Transit Authority is hereby designated as Parking Administrator. Any dismissal of a citation under division (F)(8) of this section must be approved by both the Parking Administrator and the Police Chief or his or her designee. Any other dismissals may be approved by the Parking Administrator or the Administrator’s designated agent. The City Administrator or the Administrator’s designee, shall conduct a semi-annual random audit of parking citation dismissals to review compliance with the provisions of this division.
(Ord. 2283, passed 11-9-2004; Ord. 2507, passed 5-27-2014) Penalty, see § 79.99
Cross-reference:
Specific downtown parking regulations, see Chapter 85, Schedule I
(A) Purpose. The purpose of this section is to prohibit the parking of semi-tractors and semi-trailers on streets and to regulate boats, recreational vehicles, campers, motor homes and other large vehicles from parking on streets.
(B) Parking of semi-tractors and semi-trailers prohibited. No person shall park a semi-tractor or semi-trailer on any street in the city, except this section does not apply to trucks or trailers being used for the purpose of delivering or collecting goods, wares, merchandise, materials, or for the purpose of performing a necessary function, when the vehicles are parked for a period of time not longer than is necessary for the expeditious delivery, collection or function thereof.
(C) Parking of boats, recreational vehicles, campers and motor homes regulated. No person shall park a boat, recreational vehicle, camper or motor home on any street in the city between 10:00 p.m. and 6:00 a.m. The prohibition applies whether the boat, recreational vehicle or camper is attached to a motor vehicle or not. This prohibition does not apply to any motorized recreational vehicle that is less than 22 feet long, eight feet high and eight feet six inches wide. From March 16 to November 14 of each year, motor homes and recreational vehicles will be exempt from this provision.
(D) Parking of large vehicles regulated. No person shall park a vehicle exceeding eight feet six inches in width on any street in the city, except this section does not apply to vehicles being used for the purpose of delivering services or delivering or collecting goods, wares, merchandise, materials or for the purpose of performing a necessary function, when the vehicles are parked for a period of time not longer than is necessary for the expeditious delivery, collection or function thereof. Commercial utility trailers are exempt from the 24-hour parking restriction. Government owned vehicles and vehicles eight feet six inches or less in width are exempt from this prohibition. Provisions in this section do not absolve vehicles from being regulated by any other parking ordinances.
(Ord. 2338, passed 10-24-2006) Penalty, see § 79.99
(A) Generally. Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Section 79.14 - Downtown parking regulations.
(1) One courtesy ticket will be issued per license number for the life of that number. The courtesy ticket will consist of a standard enforcement ticket, which will enter the license number into the parking system records. A second courtesy notice will be placed on the violator’s windshield explaining the courtesy ticket policy.
(2) The following penalties apply after issuance of an initial courtesy ticket:
(a) Any person parking a vehicle in violation of § 79.14 shall be subject to a penalty of $5 for the first five violations in a calendar year. After five citations have been issued in a calendar year to any license number, the fine for the next five citations in the same calendar year will increase to $10 per citation. Thereafter, the fine for each successive series of five violations in the same calendar year will increase in the same fashion by $5 for each citation for each series of five additional violations in a calendar year;
(b) The penalty for multiple parking violations within any one-24 hour period will be $5 for the first violation, $10 for the second violation and $20 for the third violation; and
(c) An additional penalty of $20 per violation is hereby assessed for any parking violation not paid within seven business days in which City Hall is open for business following issuance of the citation.
(C) Section 79.15 - Vehicles ticketed and towed. Any vehicle found in violation of § 79.15 (B), (C) or (D) shall be ticketed for the violation with a fine of $15 for the first offense, $50 for subsequent offenses. If the vehicle is still in violation 24 hours after the vehicle is ticketed, the vehicle shall be ticketed again, towed and impounded with the vehicle owner to pay the costs of towing and impoundment.
(Ord. 2283, passed 11-9-2004; Ord. 2338, passed 10-24-2006; Ord. 2468, passed 1-10-2012; Ord. 2538, passed 7-12-2016)