(A) General. Whenever the city shall have acquired or shall thereafter acquire title to or dominion over, by purchase, license, lease or otherwise, areas, lots, tracts or parcels of land and shall authorize the use of the same for the purpose of public parking, such areas, lots, tracts or parcels may be used for and employed for such purpose upon the following conditions, and the following rules and regulations shall apply in the use thereof.
(1) Use. Unless and until a charge for parking in such areas, lots, tracts or parcels of land has been fixed as provided in this subchapter the same may be used without charge for the parking of private motor vehicles of the public at large. Parking in such areas, lots, tracts or parcels of land shall not be permitted for the purposes of the servicing, sale, repair or storage of any vehicle. Storage shall be defined as parking or leaving a vehicle in one space for more than 72 consecutive hours.
(2) Overnight parking. It shall be unlawful for any person, firm or corporation to park, permit, cause or procure to be parked or to suffer any motor vehicles to remain within any city parking lot at any time between the hours of 3:00 a.m. and 5:00 a.m., except as may be permitted by direction of the City Manager as provided in this subchapter. Any such motor vehicle so parked or which shall not be permitted to remain in any such area during the hours aforesaid may be removed by the city and shall, be stored at the expense of the owner thereof. The cost of removal and storage of any such motor vehicle so removed shall constitute a lien upon the motor vehicle, which shall be repaid to the city before delivery thereof to the owner or operator thereof.
(3) Striping and signage; spaces. When the city shall cause lines or marks to be placed in any parking area designating individual parking spaces, it shall be unlawful for any person, firm or corporation to park or to allow to be parked or place any such motor vehicle in such parking area except within the lines so designated or so as to encroach upon an adjacent designated space. It shall further be unlawful for any person, firm or corporation to park or place any motor vehicle in any part of such parking area marked and indicated by lettering “No Parking” or otherwise prohibited parking.
(4) Striping and signage; direction. When signs are erected giving notice thereof, or when lines or markings have been placed upon the pavement indicating the direction of travel to be followed, it shall be unlawful for any person (except when emerging from a marked parking space) to operate a motor vehicle in any direction other than that indicated by such lines, markings or signs, or to disregard the instructions of any such signs with respect to ingress or egress to such areas, lots, tracts or parcels of land.
(5) Locking vehicle. It shall be and is hereby declared to be the duty of any person, firm or corporation who shall park or permit the parking of any motor vehicle in any such municipally maintained parking area to lock and secure the said motor vehicle for the prevention of theft of the vehicle or its contents, and the city shall not be liable in the maintenance of such parking area to any person, firm or corporation for loss or damage to any motor vehicle or contents of any motor vehicle placed in said parking area, nor for the injury to person or property arising from the use and maintenance of any such parking area.
(6) Permit required. When signs are erected giving notice thereof, it shall be unlawful for any person to park any motor vehicle in any city parking lot, except during the periods and/or under the conditions (such as the displaying of a required permit) as set forth on the applicable signage.
(B) Meters, daily fee and gated spaces; prohibition. A motor vehicle that is displaying a parking permit shall not park in a city parking lot or parking spaces utilizing parking gates, ticket dispensers, drop boxes, parking meters or similar devices except upon payment of the fee specified for such lots or spaces.
(C) Permit purchase and issuance. Upon application and payment of the fee, as described in division (C)(8) below, the Finance Director or designee shall issue the requested parking permit which shall be valid for the fiscal year or time period shown thereon in the city parking lots as described in division (C)(8) below. The sale and issuance of parking permits shall be guided by the following.
(1) Unlimited permit. Unlimited parking permits shall be due and payable on or before May 1 of each year, provided that, on and after November 1 of each year, the fee shall be one-half of the annual fee. Unlimited permits allow for parking in any parking space in any city-owned off-street parking lot at any time, (except between the hours of 3:00 a.m. and 5:00 a.m., unless in a designated overnight space), but do not allow for parking at Forest Park Beach.
(2) Annual CBD permit. Annual parking permits shall be due and payable on or before May 1 of each year. Subsequently, the annual fee is prorated based upon the time remaining in the fiscal year. Unless otherwise determined by the City Manager pursuant to this subchapter and properly signed, annual CBD permits allow for parking in the permit required CBD and other designated lots at any time, (except between the hours of 3:00 a.m. and 5:00 a.m., unless in a designated overnight space), but do not allow for parking at Forest Park Beach.
(3) Monthly permit. Monthly parking permits shall be due and payable on or before the first of each month; provided that, discounted permits may be offered for sale at the discretion of the Finance Director. Unless otherwise determined by the City Manager pursuant to this subchapter and properly signed, monthly permits allow for daily parking in the permit required CBD and other designated lots at any time, (except between the hours of 3:00 a.m. and 5:00 a.m., unless in a designated overnight space), but do not allow for parking at Forest Park Beach.
(4) Employer purchased permits. Any individual, firm or corporation doing business in the city may purchase monthly or annual parking permits for their individual employees and receive a discount as described in division (C)(8) below. Purchase of said employer purchased permit must be made by corporate of business check or account.
(5) Special permits. The City Manager may designate spaces, lots or locations requiring special permits at his or her discretion. Appropriate signs shall be erected and maintained designating the requirement of a special permit for these spaces.
(6) Daily parking. The City Manager shall provide daily parking spaces at his or her discretion for a per day fee set by the City Council as provided for in division (C)(8) below. Appropriate signs shall be erected and maintained designating these spaces as daily parking spaces.
(7) Fees and permitted lots. The permit, daily and other parking fees shall be set by the City Council of the city. Fees shall be reviewed at least annually by the City Council and may be revised in accordance with the findings of such review. The fees set forth in the fee schedule shall be the minimum amounts that may be charged for permits or daily parking. All fees listed may be superseded by any fee ordinance or resolution as passed by the City Council.
(D) Paid Parking Fund. All revenue derived from the sale of daytime parking stickers or decals or from daily fees shall be kept in the Paid Parking Fund and used for the purpose of acquiring, improving, paving, repairing and maintaining city parking lots and related expenses.
(Ord. 07-08, passed 2-20-2007) Penalty, see § 73.99