§ 70.11 CONSTRUCTION PARKING PERMITS.
   Notwithstanding §§ 70.03, 70.05, 70.08, and 70.09(G) of this subchapter, it shall be permissible for a vehicle properly displaying a construction parking permit to park in on-street parking spaces, subject to the following restrictions.
   (A)   The construction parking permit (hereinafter in this section “permit”) shall permit parking in designated on-street parking spaces on Highway 101, from the north city limits to the south city limits adjacent to the construction project for which the permit has been issued.
   (B)   Except as may be approved by the City Supervisor, a vehicle displaying a permit may park in the on-street parking space for 60 continuous minutes provided that the vehicle did not previously park within 50 feet of the space within 15 minutes or any portion thereof. The owner or operator of a vehicle displaying a permit may obtain permission from the City Supervisor to park for more than 60 continuous minutes upon a showing of special construction needs. The approval of the City Supervisor shall be displayed next to the permit, and it shall indicate the time when the permission was given and the time when the permission to park for more than 60 continuous minutes expires.
   (C)   Where height limitations to the on-street parking spaces are imposed by ordinance or resolution of the city, a vehicle of greater height may nevertheless park in the on-street parking space during such time as the vehicle is being loaded or unloaded. Notwithstanding division (B) above, upon completion of loading and unloading of construction materials, the vehicle must be removed to a place where parking of such vehicle is permitted and the vehicle would not otherwise be in violation of the height limitation imposed by ordinance or resolution.
   (D)   Except as expressly permitted by the City Supervisor, the permits shall not be in effect during the hours of 12:00 p.m. Saturday through and including 6:00 p.m. Sunday. If the City Supervisor permits a vehicle to park in the parking space during the time above, the written approval of the City Supervisor must be displayed next to the permit.
   (E)   The construction parking permits shall be issued by the city to a licensed contractor while the contractor is engaged in the construction of a structure or excavation within the city. The city may issue not more than two parking permits to the contractor who submits the building plan or excavation plan. “Contractor” shall include the owner of the property if the owner is performing the work. The permit shall be “project specific,” in that the permits issued with an approved building permit shall be valid only for parking adjacent to that building site. The city shall note the building permit number or building site location on the permit.
   (F)   Any person who has been issued a construction parking permit may allow the contractor’s employees or other subcontractors or their employees to use the parking permit, provided the permit is displayed from the vehicle. In such event, violation of the terms of this section shall be deemed a violation by the contractor, in addition to it being a violation by the operator of the vehicle.
   (G)   (1)   If the City Supervisor or designee has reason to believe that a violation of this section has occurred and the permit is not being properly used or the vehicle displaying the permit has violated the provisions of this Traffic Code, the City Supervisor shall immediately contact the permittee, if possible, to notify the permittee of the violations. If the City Supervisor is unable to contact the permittee, the City Supervisor may contact any of the permittee’s supervisors or other employees on the construction site and notify them of the alleged violations.
      (2)   The permittee or agent may give reasons or explanations for the alleged violations when notified of the alleged violations. The City Supervisor shall consider the statements of explanations and, if in the City Supervisor’s opinion, a violation has occurred, the City Supervisor shall suspend the privileges of the permit and demand return of all permits issued to the permittee. It shall be a violation of this Traffic Code for a permittee to fail or refuse to surrender all permits upon demand by the City Supervisor.
      (3)   A permittee may appeal the decision of the City Supervisor or seek reinstatement of the permit by request to the City Council. The City Council shall consider the appeal or request and may uphold the decision of the City Supervisor, reverse the decision or uphold the decision, or impose conditions for reinstatement of the permits. The permittee shall have three days following the surrender of the permit(s) to appeal the decision of the City Supervisor or to request reinstatement of the parking permits. If no appeal is filed within three days, the decision of the City Supervisor shall be final. Upon appeal or request by the permittee for reinstatement, the decision of the City Council shall be final. Upon final determination for revocation of the parking permit, the permittee, the permittee’s employees, or agents or subcontractors shall not obtain or use a permit for six months following the final determination for revocation of the permit.
   (H)   The City Recorder shall cause the form of the permit to be prepared and issued, and shall maintain records of the date of issuance, the permittee, the building permit, or site location for which the permit is issued, the permittee’s mailing address and emergency phone number and name, address and phone number of person to contact in the event of an emergency.
(Ord. 161, passed 4-1-1991) Penalty, see § 70.99