(A) Findings and purposes. The Board of Mayor and Aldermen hereby finds and declares that the provisions of this section are enacted for the following reasons:
(1) To reduce hazardous traffic conditions resulting from the use of streets within residential districts for vehicles parked by persons not residing within the residential districts;
(2) To protect these residential districts from polluted air, excess noise, and refuse caused by the entry of such vehicles;
(3) To protect the residents of these residential districts from unreasonable burdens in gaining access to their residences;
(4) To preserve the character of those districts as residential districts;
(5) To encourage the use of public transportation;
(6) To promote efficiency in the maintenance of streets in these residential districts in a clean and safe condition;
(7) To preserve the value of the property in these residential districts;
(8) To promote traffic safety and safety of children and other pedestrians in these residential districts;
(9) To forestall dangers arising from the blocking of fire lanes, hydrants and other facilities required by emergency vehicles, both in reaching victims and in transporting them to hospitals;
(10) To facilitate the movement of traffic in the event of accidents and other disasters; and
(11) To promote the peace, comfort, convenience, and welfare of all inhabitants of the city.
(B) Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meaning given herein unless a different meaning clearly appears from the context. When not inconsistent with the context, words in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
COMMITTEE ON TRAFFIC AND PUBLIC SAFETY.
The standing Committee of the Board of Mayor and Aldermen called the Committee on Traffic and Public Safety, consisting of five of the Board of Mayor and Aldermen.
MOTOR VEHICLES.
Any automobile or truck or other motor driven form of transportation registered with the State of New Hampshire for use on the highways in the state.
RESIDENT MOTOR VEHICLE.
A City of Manchester registered motor vehicle owned or leased by a resident of the residential permit parking area and bearing a valid parking permit issued pursuant to this section.
RESIDENTIAL AREA.
A contiguous or nearly contiguous area containing public streets and highways or parts thereof where residents dwell.
RESIDENTIAL PERMIT PARKING ZONE.
A residential area designated as such by order of the Board of Mayor and Aldermen, where curbside parking on public highways is subject either to time limits, parking meter requirements or designated as residential parking only by ordinance or regulation of the Committee on Traffic and Public Safety and approval of the Board of Mayor and Aldermen.
(C) Designation of Residential Parking Permit Zone. A residential area shall be deemed eligible for residential parking if the Committee on Traffic and Public Safety, with the approval of the Board of Mayor and Aldermen, determines that parking therein is impacted by commuter vehicles. In determining whether an area identified as eligible for residential permit parking shall be designed as a residential permit parking zone, the Committee on Traffic and Public Safety shall take into consideration the following factors:
(1) The extent of the desire and need of the residents for residential permit parking;
(2) Proximity of the neighborhood to major "parking attractors" including, but not limited to, employment centers, retail stores, restaurants, and tourist attractions;
(3) Proximity of the neighborhood to transit service;
(4) Scarcity of convenient off-street parking for residents;
(5) The extent to which motor vehicles registered to persons residing in the residential area cannot be accommodated by the number of available off-street parking spaces;
(6) Substantial use of neighborhood curb space by commuters and other nonresidents for parking;
(7) Traffic, noise and safety problems caused by vehicles cruising for parking.
(D) Residential Parking Permit Zones. The following areas are hereby designated as the Residential Parking Permit Zones:
(1) Residential Parking Permit Zone #1.
(a) Area consisting entirely of the Amoskeag Corporation Housing Historic District (as defined in the Manchester Zoning Ordinance) which is an area bounded generally by Mechanic Street on the north, Pleasant Street on the south, Franklin Street on the east, and Canal Street on the west, but not to include Franklin Street and Canal Street except for 287, 633, 635, 641, 643, 647, 649, 657, and 659 Canal Street. The north side of Mechanic Street and the south side of Pleasant Street shall not be included in the program.
(b) Kidder, Hollis and Dow Streets.
(b) Kidder, Hollis and Dow Streets.
(c) Bedford Street from Kidder Street southerly to Pleasant Street.
(d) West side of Elm Street from 1382 Elm Street to 1480 Elm Street.
(2) Residential Parking Permit Zone #2.
(a) Area bounded by Merrimack Street on the north, Auburn Street on the south, Union Street on the east, and on the west by Chestnut Street, Lake Avenue, and Pine Street in the manner they form the western boundary of the R-4 Zoning District pursuant to the Zoning Map of the City of Manchester, NH. Union Street shall not be included in the program.
(b) Area bounded by Amherst Street on the south, Blodget Street (from Elm Street to Union Street) on the north, Union Street on the east, Chestnut Street to Orange Street, then westerly on Orange Street to Elm Street and then continuing northerly on Elm Street to Blodget Street on the west. Union Street and Elm Street shall not be included in the program. Residents within permit zone #2 on Amherst Street must park on Concord Street or northerly in the zone.
(c) Area bounded by Elm Street on the east, Canal Street on the west, Granite Street on the north and West Auburn Street on the south. Parking on Elm Street shall not be included in the program.
(3) Residential Parking Permit Zone #3. Area bounded by Harvell Street on the north, the Town of Bedford property line on the south, the Everett Turnpike on the east and Second Street on the west but not to include Second Street and the Everett Turnpike. Both sides of Harvell Street shall be included in the program.
(4) Residential Parking Permit Zone #4. Areas described as follows: Pine Street, east side, from Valley to Auburn Streets; Cedar Street, both sides, from Pine to Union Streets; Auburn Street, south side, from Pine to Union Streets; Spruce Street, both sides, from Pine to Union Streets; Central Street, north side, from Union to Pine Streets; and Laurel Street, both sides, from Union to Pine Streets; and further described as Auburn Street both sides from Union Street to Maple Street; Beech Street west side, from Auburn Street to Valley Street; Bell Street, both sides, from Union Street to Beech Street; Grove Street, both sides, from Union Street to Beech Street; and Green Street, both sides, from Union Street to Beech Street.
(5) Residential Parking Permit Zone #5. Area described as follows: Bay Street, east side, from Webster to North Street.
(6) Residential Parking Permit Zone #6. Area bounded on the west by the west side of Elm Street, on the north by the south side of Bridge Street, on the east by the east side of Chestnut Street and on the south by the north side of Merrimack Street. Residents within this district shall not be issued a residential parking permit to park within the District. Residents within the district to the north of the north side of Amherst Street shall be issued a permit to park in Residential Parking Permit Zone (2)(b). Residents within the district to the south of the south side of Amherst Street shall be issued a permit to park in Residential Parking Permit Zone (1).
(7) Residential Parking Permit Zone #7. Area bounded by: Bedford Street, Pleasant Street to Granite Street, North State Street, Mulsey Street, and Payson Street.
(8) Residential Parking Permit Zone #8 (Central High School Area). Area bounded by: Walnut Street between Pearl Street and Amherst Street, Beech Street between Pearl Street and Hanover Street, Ash Street between Pearl Street and Lowell Street, Ash Street between Concord Street and Amherst Street, Maple Street between Pearl Street and Amherst Street, Jane Street, South Street, Malvern Street between Bridge Street and Concord Street, Nashua Street between Lowell Street and Bridge Street, Dutton Street, Concord Street between Union Street and Dutton Street, Lowell Street between Union Street and Ashland Street, East High Street between Maple Street and Ashland Street, Bridge Street between Union Street and Nashua Street, Amherst Street between Union Street and Ashland Street, Hanover Street between Union Street and Lincoln Street, Pearl Street between Union Street and Maple Street, Union Street between Pearl Street and Hanover Street; Lincoln Street between Hanover Street and Concord Street, Ashland Street between East High Street and Hanover Street, Derry Street, Chester Street, Haines Court.
(E) Issuance of residential parking permits.
(1) A permit shall be issued for a designated residential permit parking zone upon submission of a completed and validated residential parking permit application by a person eligible for such a permit. A person is eligible to apply for a residential parking permit if he owns or operates a motor vehicle and resides on property within or immediately adjacent to a street, avenue or other location to which the residential parking provisions of this section are applicable. Proof of residence in the residential parking zone in a form reasonably satisfactory to the Manchester Police Department must be presented at the time application is made.
(2) The application for the permit shall contain the name of the owner or operator of the motor vehicle; residential address; the make, model, registration, and plate numbers of the motor vehicle; and the number of driver's license of the applicant. The motor vehicle registration and driver's license of the applicant must be present at the time of making such application in order to verify the contents thereof. The owner or operator of any motor vehicle applying for a residential parking permit shall have a valid State of New Hampshire driver's license.
(a) Notwithstanding those portions of division (1) or (2) to the contrary a full time student whose driver’s license does not show an address within a Residential Parking Permit Zone may meet the driver’s license requirement of division (2) by presenting his or her driver’s license together with a letter from the registrar of a state accredited post secondary school located within the city.
(b) The letter shall state that the applicant is a full time student at said school and if the applicant resides in school provided housing the letter shall state the address of the student’s school provided housing. If the applicant does not reside in school provided housing the applicant shall also provide a letter from his or her landlord stating his or her residence address.
(3) The applicant shall receive one residential parking permit for the vehicle described in the application. If the applicant moves from said residence within the time period that the permit is issued for or the applicant no longer owns a registered vehicle, the applicant must return the residential parking permit to the Police Department.
(4) The expiration date of the permit shall be one year following the date, or the most recent anniversary date, whichever is later, when the Board of Mayor and Aldermen designated the residential permit parking zone.
(5) No permits shall be issued for any vehicle which has one or more notices of violation of any parking regulation or regulations made pursuant to city ordinances for which there has been neither payment of waiver fees nor issuance of court process, until such time as all waiver fees have been paid or court process issued with respect to said notices of violation.
(6) Renewal of any permit or issuance of a new permit is to be treated as if an original issuance.
(7) Permit stickers issued may contain such information as the Manchester Police Department may determine to be necessary from time to time, including the expiration date, the license plate number, and the zone number if more than one residential parking zone has been established pursuant to this section.
(8) Replacement stickers shall be issued only on proof of disposition or return of the old sticker. The expiration date to be displayed on the new residential parking permit shall be one yearfollowing the expiration date of the existing residential parking permit.
(F) Transfer of residential parking permits.
(1) Upon the holder's submission of a completed and validated residential parking permit application, fulfillment of all applicable provisions of this chapter controlling issuance, renewal or transfer of residential parking permits, and surrender of the existing residential parking permit, the holder shall receive a new residential parking permit to be transferred to another qualifying vehicle.
(2) The transfer of the residential parking permit to another qualifying vehicle shall not affect its expiration date.
(G) Use of residential parking permits.
(1) A residential parking permit shall not authorize the holder thereof to stand or park a motor vehicle in such places or during such times as stopping, standing, or parking of motor vehicles is prohibited or set aside for specified types of vehicles, nor exempt the holder from the observance of any traffic regulations other than a parking time limitation within a residential permit parking zone. A residential parking permit shall not authorize the holder to park in any time zone of one hour or less.
(2) A parking permit shall be valid only in the residential parking permit area for which it is issued.
(3) No person shall furnish any false information to the city in connection with the obtaining of any permit authorized hereunder. Any permit issued upon such false information or attached to a different vehicle shall be null and void.
(4) A residential parking permit shall be used only for on-street parking, and is not authorized for use in city parking lots.
(5) The following special restrictions are enacted for Zone #8 (Central High School area):
(a) All time limits in the zone must be observed as posted, with or without a residential parking permit.
(b) A residential parking permit allows vehicle to park in designated residential parking places during school hours.
(c) A vehicle which has been issued a residential parking permit can park in any legal parking space; it is not required to park exclusively in designated residential spaces, however it must adhere to item (a) of this section.
(d) A residential parking permit is required only during school hours.
(H) Regulations. The Committee on Traffic and Public Safety may authorize the establishment of residential parking permit programs applicable to specifically designated residential permit parking zones, with regulations as to the number of permits to be issued, the manner of issuance of the permits, the temporary or permanent nature of the program in the designated parking zone and such other conditions which are not in conflict with the section.
(I) Severability. If any provision of this subchapter or its application to any person or circumstance is held to be invalid, the remainder of the subchapter and the application of such provision to other persons or circumstances shall not be affected thereby.
(Ord. passed 8-6-02; Am. Ord. passed 4-6-04; Am. Ord. passed 7-20-04; Am. Ord. passed 2-15-05; Am. Ord. passed 10-4-05; Am. Ord. 10-18-05; Am. Ord. passed 4-18-06; Am. Ord. passed 7-10-07; Am. Ord. passed 5-20-08; Am. Ord. passed 5-4-10; Am. Ord. passed 9-21-10; Am. Ord. passed 5-7-13; Am. Ord. passed 5-20-14)