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As used in this chapter, the following terms shall have the following meanings:
ADDRESS: The street number and applicable apartment/condominium number for each dwelling unit, business, or other use. Each apartment or commercial unit is regarded as a unique address.
AREA: Irrespective of zoning, a geographical region, not necessarily contiguous, where residents dwell and businesses may operate.
AREA BUSINESS: Any professional establishment or nonresident property owner whose business property is located within a city parking permit area.
AREA PERMIT OR PERMIT DECAL: The permanent adhesive decal issued by the parking permit coordinator for assignment to a vehicle under the legal control of area residents and businesses.
AREA PERMITTEE: An area resident or an area business that has received from the parking permit coordinator an authorized area permit.
AREA RESIDENT: Any person who dwells or resides within a parking permit area.
AREA VEHICLE: A vehicle that originates from inside a permit area and is under the control of area residents or area business owners and includes automobiles, trucks, motorcycles, or other motor driven forms of transportation. It does not include boats and trailers.
CITY PERMIT AREA OR PARKING PERMIT AREA: Any officially designated permit parking area within the corporate limits of the city wherein motor vehicles displaying a valid permit as described herein shall be exempt from the parking regulations or restrictions solely applicable to commuter vehicles.
CITY PERMIT PROGRAM: The city's permit parking program, as a whole, administered by the mayor and operated by the parking permit coordinator pursuant to the provisions and regulations of this chapter.
COMMUTER VEHICLE: A motor vehicle parked in a city permit parking area that: a) is not under the control of an area resident, business owner or property owner, and b) does not bear a permit for the designated area.
DECLARATION: The final action taken by the mayor setting the conditions for either approval or denial of the proposed city permit area.
DWELLING: A building, or portion thereof, which is designated for residential purposes. Such dwelling must bear an address assigned by the city engineer. The number of independent dwelling units recognized therein shall not exceed the number authorized under permit for zoning.
GUEST PERMIT: The portable card stock placard issued by the parking permit coordinator to area residents and area businesses for use on vehicles under the legal control of guests, customers, clients or service persons, exclusive of operators of construction vehicles or equipment, during periods when persons operating said vehicles are actually visiting or engaged in business at the permittee's address not to exceed two (2) days per visit.
LEASE: A person pays rent or other remuneration for use of a parcel of real property as such person's residence or place of business.
OWNS: A person has at least one-quarter (1/4) of the fee or equitable interest in a parcel of real property within a city permit parking area.
PARKING PERMIT COORDINATOR: The officer or employee of the city designated as the city's traffic engineer, and who operates and manages the permit parking program, including the implementation and operation of permit parking areas, on a routine, daily basis.
PERMIT DECALS: See definition of Area Permit Or Permit Decal.
PERMIT VEHICLE: Any vehicle properly displaying area regular, guest, or temporary visitor permit, issued by the parking permit coordinator for authorized use on such vehicles.
PERMIT YEAR: The twelve (12) month period set for the administration of a city permit area, including the expiration and renewal of permit area regular and guest permits.
PROGRAM: The process of designation, administration and enforcement of all city parking permit areas and regulations established by the mayor pursuant to the provisions of this chapter.
RESIDENT: A person who resides in the city parking permit area on a regular basis.
TEMPORARY VISITOR PERMIT: The temporary disposable paper permit issued for a predetermined length of time, not to exceed forty five (45) days, to area residents and area businesses for use on vehicles under the legal control of service persons, operators of construction vehicles or equipment, and long term visitors at the area permittee's address.
(Ord. 2004-79, 11-2-2004)
The mayor may, upon recommendation of the parking permit coordinator, and pursuant to the provisions hereunder, consider for designation as a city permit parking area any area which satisfies the threshold criteria established below. Where deemed necessary and appropriate to accomplish the legislative intent and objectives, the mayor may then designate by declaration any qualified area as an approved city permit parking area in which motor vehicles displaying a valid area parking permit may stand or be parked without the limitations imposed on commuter vehicles by the parking regulations in the area. Such declaration shall also identify the parking regulations imposed on commuter vehicles in the area that are affected by the designation and permit issuance.
(Ord. 2004-79, 11-2-2004)
A. General Criteria: An area shall be deemed eligible for consideration as a city permit parking area if the mayor determines, after evaluation of the surveys and traffic studies prepared at the direction of the parking permit coordinator, that the qualified area is adversely affected by commuter vehicles for any extended period(s) during the day or night, on weekends or holidays.
B. Specific Factors: In determining alleged adverse effects upon an area, the mayor shall analyze and evaluate factors which include, but are not limited to, the following:
1. The extent of the desire and perception of need by the residents for permit parking as evidenced by receipt of verified petitions as required herein;
2. The extent to which legal on street parking spaces are occupied by motor vehicles during any given time period; and
3. The extent to which vehicles parking in the area during the period proposed for parking regulations are commuter vehicles rather than resident vehicles.
C. Threshold Technical Criteria: The mayor may, upon recommendation of the parking permit coordinator, and pursuant to the provisions hereunder, consider for designation as a city permit parking area, an area whose streets (or portions thereof) qualify by satisfying the following eligibility criteria:
1. Seventy percent (70%) or more of the parking capacity is generally occupied;
2. Such occupancy continues for any consecutive four (4) hour period and such occupancy rate occurs at least four (4) days per week during at least a nine (9) month period per year.
3. Twenty five percent (25%) of the vehicles occupying the on street spaces are other than area vehicles; and
4. The parking permit coordinator agrees that implementing the proposed permit area will not, to a significant extent, transfer the commuter vehicle parking problem to a different adjacent area should the area under consideration be designated permit parking.
(Ord. 2004-79, 11-2-2004)
A. Persons desiring to have their area designated permit parking shall consult with the parking permit coordinator or his designee to tentatively establish the boundaries of the area proposed for designation.
B. Upon receipt of a petition containing the signatures of a minimum of fifty one percent (51%) of residents and/or businesses within the area boundary proposed for permit parking designation, the parking permit coordinator shall cause a parking study, or other surveys as may be deemed necessary, to be undertaken as soon as is practicable consistent with scheduling constraints, in order to determine if the proposed area satisfies the eligibility requirements as set forth in section 10-9-4 of this chapter, or its successor. Should the studies reflect that other nearby area streets are similarly congested with curb parking, the parking permit coordinator may require such streets (or portions thereof) to be added to the proposed permit parking area.
C. Upon receipt of the parking permit coordinator's favorable recommendation to establish a permit parking program for the area, the mayor, as soon as practicable consistent with scheduling constraints, shall fix a time, date and location for a public hearing to consider the parking permit coordinator's recommendation to designate the proposed area of city permit parking area where curb parking is restricted or allowed by permit only. Said hearing shall also be conducted for comment and analysis to determine the boundaries as well as the appropriate area rules and regulations, parking restrictions, issuance of permits, and other pertinent matters.
D. At least ten (10) days prior to the hearing date, written notice of the public hearing(s) provided for herein shall be mailed to the listed residents, owners and those institutions known to the parking permit coordinator to generate a significant volume of commuter parking in the neighborhood. The notice shall clearly state the purpose of the hearing, the location of the hearing, the proposed boundaries of the permit area, the permit fee schedules and formulas or conditions for issuance, and the location where the parking permit coordinator's recommendation is on file and available for public view.
E. Any interested party shall be entitled to appear and be heard on the proposal, subject only to reasonable rules of order that may be established by the mayor.
(Ord. 2004-79, 11-2-2004)
A. Within thirty (30) days following the hearing, the mayor shall deny or approve the designation of a city permit parking area as he deems justified under the objectives and procedures above. The mayor's decision shall be reduced to writing either in the form of a report or as part of the administrative order approving the permit parking area. The mayor's written decision shall be filed with the city recorder, accompanied by the parking permit coordinator's recommendation related to the permit parking area and made available to any interested party upon request.
B. The mayor's decision shall include:
1. Significant subjects and concerns raised at the public hearing conducted;
2. The findings relative to those designation criteria deemed applicable to the city permit area;
3. Conclusions as to whether the findings, including testimony obtained at the public hearing, justify preferential permit parking for the area under consideration;
4. The mayor's approval (or denial) of the proposed permit parking area; and, if approved:
a. The proposed boundaries of the city parking permit area;
b. The proposed parking regulations, including administrative provisions for issuing permits; and
c. An implementation schedule indicating when the new permit parking area will become effective.
C. If the mayor approves creation of a city permit parking area, a declaration of designation shall be prepared as an administrative order establishing the program for the area, including the boundaries, parking regulations, the fees required in this chapter, and other pertinent matters, for its administration and implementation. The declaration shall be mailed to each listed address in the area's designated boundaries. The parking permit coordinator shall promptly implement the program pursuant to the schedule. If the mayor denies the creation of a city permit parking area, a notice of such denial shall be mailed to each listed address in the area's designated boundaries.
D. Information generated through the original designation process and the designation criteria set forth in this chapter shall also be utilized by the mayor in determining whether to remove any particular existing city permit parking area or portion thereof from designated status and participation in the program.
E. Action by the mayor in creating, deleting or modifying the boundaries applicable in city parking permit areas under this chapter shall be final.
F. Actions by the mayor as to the implementation and enforcement shall be considered administrative matters.
(Ord. 2004-79, 11-2-2004)
Upon the declaration of the mayor designating a city permit parking area, the parking permit coordinator shall cause appropriate signs and markings to be erected in the area, indicating prominently thereon the parking regulations and conditions under which permit parking shall be exempt therefrom.
(Ord. 2004-79, 11-2-2004)
Each parking permit issued by the parking permit coordinator's office shall be valid for one year or portion thereof to be determined by the parking permit coordinator excluding temporary visitor permits. Permits shall not be transferable but may be renewed annually upon reapplication in the manner required by the parking permit coordinator. Each application or reapplication for a parking permit shall contain information sufficient to identify the applicant's identity, claim for permit eligibility, authorized residence or business within the city permit parking area, the license number of the motor vehicle for which application is made, and such other information that may be deemed relevant by the parking permit coordinator. Applications shall be accompanied by the fee established in section 10-9-9 of this chapter.
(Ord. 2004-79, 11-2-2004)
To defray program administration costs, fees associated with the city parking permit program shall be established by the declaration of the mayor applicable to the city permit parking area.
The fees shall be as follows:
A. Area regular permit:
One year permit, twenty dollars ($20.00);
Annual renewal permit, ten dollars ($10.00).
B. Area guest permit:
One day permit, five dollars ($5.00);
Two day permit, ten dollars ($10.00).
C. Area temporary visitor permit, fifteen dollars ($15.00).
D. A no cost permit for special events may be issued to residents for groups not to exceed fifteen (15) permits.
(Ord. 2004-79, 11-2-2004)
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