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A motor vehicle bearing a valid parking permit displayed as provided for herein shall be permitted to stand or be parked in the permit area for which the permit has been issued without being limited by parking regulations or prohibitions solely applicable to commuter vehicles. The permit does not exempt drivers or owners from complying with general parking regulations and penalties imposed by this title. All other motor vehicles not displaying permits that are parked within a city permit parking area shall be subject to the commuter parking regulations adopted by such declaration authorized by this chapter, and the penalties provided for herein.
(Ord. 2004-79, 11-2-2004)
Each declaration may authorize the parking permit coordinator to issue temporary visitor parking permits to residents and businesses located within designated permit areas for use of their bona fide transient visitors, service persons, and construction personnel for a limited duration not to exceed forty five (45) days. Prior to expiration, a vehicle bearing a visitor permit shall have all the parking rights, obligations and privileges held by permanent permits. Appropriate requirements or limitations on visitor permits shall be recommended in each permit parking area by the parking permit coordinator and contained in the mayor's declaration.
(Ord. 2004-79, 11-2-2004)
Upon recommendation from the parking permit coordinator that the designation criteria and circumstances indicate that enlargement of an existing permit parking area is warranted and appropriate, the mayor may begin proceedings to enlarge the area by initiating the following procedure:
A. Notice shall be given to all addresses within the proposed permit area expansion boundary of a public hearing to be held. Such notice shall be given as provided for in subsection 10-9-5D of this chapter. Where the total area to be enlarged or removed from the designated permit area exceeds ten percent (10%) of the designated permit area or eight (8) homes, the procedure shall include the petition process described under section 10-9-5 of this chapter.
B. Such notice shall contain:
1. The date, time and place of the public hearing to consider the proposed area expansion.
2. A description of the mayor's intentions to enlarge the existing permit parking area.
3. A listing of the streets (or portions thereof) proposed to be added to the existing permit parking area.
4. A listing of the rules and regulations proposed for governing the enlarged permit parking area and the issuance of permits.
C. The hearing shall be conducted as provided under subsection 10-9-5E of this chapter. The mayor shall take into account the factors justifying the permit parking area expansion in accordance with section 10-9-4 of this chapter.
D. Within thirty (30) days of the public hearing the mayor shall approve or deny the proposed permit area enlargement. 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 expansion, which decision shall be filed with the city recorder and made available to any interested party upon request. The decision shall follow the format outlined in subsection 10-9-6B of this chapter.
E. If the permit parking area enlargement is approved, a declaration of expansion shall be prepared as amendment or addendum to the applicable administrative order. A notice of enlargement shall be mailed to each listed address in the expansion area. Criteria contained in subsections 10-9-6D through F of this chapter shall apply.
(Ord. 2004-79, 11-2-2004)
Upon recommendation from the parking permit coordinator that the designation criteria and circumstances indicate that removal of permit designation from an entire permit parking area is warranted and appropriate, the mayor may begin proceedings to delete a permit parking area or selected streets of a permit parking area by initiating the following procedure:
A. By giving notice to all addresses within the boundary of the permit parking area proposed to be wholly removed from permit parking designation or within the boundary of an existing permit parking area where certain streets (or portions thereof) are proposed to be deleted from permit parking area, that a public hearing is to be held to consider this action. Such notice shall be given as provided for in subsection 10-9-5D of this chapter. Where the total area to be enlarged or removed from the designated permit area exceeds ten percent (10%) of the designated permit area or eight (8) homes, the procedure shall include the petition process described under section 10-9-5 of this chapter.
B. Such notice shall contain:
1. The date, time and place of the public hearing to consider the proposed removal or deletion.
2. A description of the mayor's intention to remove from designation a permit parking area or to delete certain streets (or portions thereof) from an existing permit parking area.
3. A listing of the streets (or portions thereof) proposed for removal from designation or deletion from a permit parking area.
C. The hearing shall be conducted as provided under subsection 10-9-5E of this chapter. The mayor shall take into account the factors justifying the proposed removal of area permit parking designation or the proposed deletion of certain streets (or portions thereof) from an existing permit parking area.
D. Within thirty (30) days of the public hearing the mayor shall approve or deny the proposed removal from permit designation of an entire permit parking area or the proposed deletion of certain streets (or portions thereof) from an existing permit parking area. 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 removal, which decision shall be filed with the city recorder and made available to any interested party upon request. 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 and circumstances which indicate whether or not removal from designation or the deletion of certain streets (or portions thereof) from an existing city permit parking area is warranted;
3. Conclusion as to whether the findings, including testimony obtained at the public hearing, justify the removal from designation or the deletion of certain streets (or portions thereof) from an existing city permit area;
4. The mayor's approval (or denial) of the proposed removal or deletion;
5. If approved, an implementation schedule for removal or deletion.
E. If permit parking designation is removed from an entire area, a declaration of removal shall be prepared by repeal of the applicable administrative order designating the parking permit area. If only the deletion of certain streets (or portions thereof) from an existing permit parking area is approved, a declaration of removal shall be prepared as amendment or addendum to the applicable administrative order. A notice of the removal shall be mailed to each listed address in the area being removed.
(Ord. 2004-79, 11-2-2004)
Upon recommendation from the parking permit coordinator that circumstances warrant modification to regulations or restrictions governing an existing permit parking area the mayor may begin proceedings to make such modifications by initiating the following procedure:
A. Notice shall be given to all addresses within the boundary of the existing permit area of a public hearing to be held. Such notice shall be given as provided for in subsection 10-9-5D of this chapter.
B. Such notice shall contain:
1. The date, time and place of the public hearing to consider the proposed area modifications.
2. A description of the mayor's proposed modifications to the existing permit parking area.
3. A listing of the streets (or portions thereof) that will be affected by the proposed modifications.
C. The hearing shall be conducted as provided under subsection 10-9-5E of this chapter. The mayor shall take into account the factors justifying the proposed modifications/changes to rules, regulations and/or restrictions governing the existing parking permit area.
D. Within thirty (30) days of the public hearing the mayor shall approve or deny the proposed modification(s) to the permit area. Should the modification(s) be approved, the parking permit coordinator shall be directed to implement the change(s) as soon as is practicable, consistent with scheduling constraints. The administrative order designating the parking permit area shall also be amended to reflect the new, approved modification(s) to the area rules, regulations and/or restrictions.
(Ord. 2004-79, 11-2-2004)
A. Faithful compliance with the terms of the city parking permit program is a condition subsequent to the privilege of obtaining a permit. Violation of the terms of the city parking permit area shall be deemed a forfeiture of those privileges.
1. Any permit holder convicted for violation of this chapter may be required to surrender such permit as a part of sentencing.
2. The parking permit coordinator is authorized to revoke the parking permit of any person found to be in violation of this chapter, the provisions of the declaration, or for abusing the guest or visitor permit system established herein, and upon written notification thereof, the person shall surrender such permit to the parking permit coordinator.
3. Upon revocation, any further application for a permit by such person may be denied for a period of not more than one year.
B. Any person aggrieved by such a determination made by the parking permit coordinator under subsections A2 and A3 of this section shall have the right to appeal to the mayor, or the mayor's designated hearing officer, within seven (7) days of such determination.
(Ord. 2004-79, 11-2-2004)
A. It is unlawful and a violation of this chapter, unless expressly provided to the contrary herein, for any person to stand or park a motor vehicle, or to cause the same to be done contrary to the parking regulations established pursuant hereto.
B. It is unlawful and a violation of this chapter for a person to falsely represent himself as eligible for a parking permit, or to furnish false information in an application therefor to the parking permit coordinator's office.
C. It is unlawful and a violation of this chapter for a person holding a valid parking permit issued pursuant hereto to permit the use or display of such permit on a motor vehicle other than that for which the permit is issued. Such conduct shall constitute an unlawful act and violation of this chapter, both by the person holding the valid parking permit and the person who so uses or displays the permit on a motor vehicle other than that for which it is issued.
D. It is unlawful and a violation of this chapter for a person to copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit in order to evade parking regulations applicable in a city permit parking area.
E. It is unlawful for any person to fail to surrender a parking permit upon receiving written notification of its revocation pursuant to section 10-9-17 of this chapter, or to continue to use or authorize the use of a revoked permit.
F. A violation of this section is a class B misdemeanor, unless otherwise provided herein.
(Ord. 2004-79, 11-2-2004)