(A) Definitions. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
RESIDENT.
A person who customarily resides and maintains a place of abode within the city limits of the city.
(B) Designation of area. The following described area is hereby established as a permit parking district:
That portion of the following described real estate as established and designated by the Superintendent of Streets of the City of Paxton, Illinois, to be the permit parking district, to-wit:
A parcel of land, situated in the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) of Section Eight (8) in Township Twenty-three (23) North, Range Ten (10) East of the Third Principal Meridian, more particularly described as follows:
Parcel 1:
Beginning at a point on the East line of the right-of-way of S.B.I. Route No.25, (now U.S. Route No. 45), which point is 711.3 feet northerly of the intersection of said East line and the South line of the North Half (N 1/2) of said Section Eight (8); thence southeasterly 651.6 feet, at right angles with said East line, along the Northerly boundary of the Bear Brand Hosiery property; thence North 486.37 feet parallel with the East line of the Northwest Quarter (NW 1/4) of said Section Eight (8); thence 90° to the left 527.26 feet to said East right-of-way line of S.B.I. Route No. 25; and thence Southerly along said right-of-way line 300 feet to the place of beginning, situated in the City of Paxton, in the County of Ford and State of Illinois.
Parcel 2:
Commencing at a stone at the Southeast Corner of the Northwest Quarter (NW 1/4) of Section Eight (8), Township Twenty-three (23) North, Range Ten (10) East of the Third Principal Meridian, thence North 0°16'20" West 475.30 feet on the East line of said Northwest Quarter (NW 1/4), thence North 89°53'40" West 504.86 feet, thence North 0°10'16" East 485.94 feet to a true place of beginning, thence North 89°53'40" West 527.48, thence North 18°04'19" East 280.71 feet on the East Line of the right-of-way of U.S. Highway Route 45, and thence South 58°41'37" East 515.45 feet to the place of beginning, situated in Ford County, Illinois.
(C) Permit required; application.
(1) Unless a valid zone parking permit is properly displayed, no motor vehicle nor semi-tractor, nor semi-trailer shall be parked within a permit district.
(2) No person shall park a motor vehicle, semi-tractor or semi-trailer within a permit parking district until and unless the fee established by this section has been paid.
(3) Residents may apply to the Office of the Chief of Police of the city for a permit to park a motor vehicle or semi-trailer within the permit parking district.
(4) An annual fee of $150 shall be charged each resident for the issuance of one parking permit for a semi-tractor-trailer. A fee of $10 shall be charged each resident for any replacement permit. The fee is nonrefundable. No parking permit shall be issued until after the payment of the fee required by this section.
(5) The fee for a parking permit issued for the first time to an applicant during the calendar year shall be prorated based upon the number of days remaining in the calendar year.
(6) Only one parking permit shall be issued to each applicant for one semi-tractor-trailer operated by the applicant, upon proof that such applicant is a resident of the city and the owner or operator of the semi-tractor-trailer.
(7) Only one parking permit shall be issued to each applicant for an automobile or pickup truck or motorcycle owned by the applicant, upon proof that such applicant is a resident of the city and the owner or operator of the automobile or pickup truck or motorcycle. No parking permit for an automobile or pick-up or motorcycle shall be issued to an applicant unless the applicant is the owner or operator of a semi-tractor-trailer for which a parking permit has been issued to the applicant pursuant to the terms of this section. No fee shall be charged for this parking permit.
(8) Parking permits issued under the provisions of this section shall be valid commencing January 1 and expiring December 31 of each year.
(9) A parking permit issued under the provisions of this section shall be personal, non- assignable and non-transferrable. Each parking permit shall be valid only for a specifically prescribed vehicle.
(10) No person shall transfer, or allow another person to use or possess any parking permit issued to him or her, or give false answers upon application therefor, or use or continue to use such parking permit after termination or expiration thereof by expiration of time or operation of law or cessation of residence, or violate any of the terms, conditions, rules or regulations applicable to the same.
(11) The application for the zone parking permit shall contain the following information:
(a) Name and address of owner;
(b) Name and address of operator;
(c) Make, model year and serial number of motor vehicle or semi-trailer;
(d) Name and number, if any, painted on or displayed in the motor vehicle or semi-trailer; and
(e) Any other information needed by the Chief of Police of the city to enforce the provisions of this section.
(D) Signs. A sign shall be placed near the above described premises which sign shall be of such character as to inform readily and an ordinarily observant person of the existence of the permit parking district created by this section. No person, except the City Superintendent of Streets, shall install or place any sign or signs, other than the signs as set forth in this division, within the permit parking district.
(E) Sales prohibited. No merchandise or service shall be vended or displayed for sale within the permit parking district by any person.
(F) Operation of motors. No person shall permit or allow any motor of any kind or character to run, operated or be on for more than 30 consecutive minutes when located within the permit parking district.
(G) Violations. In any prosecution charging a violation of this section, proof that the vehicle described in the complaint, summons or warrant was parked in violation of this section, together with proof that the defendant was at the time of such parking the registered owner or the registered operator of the vehicle, shall have constituted in evidence a prima facie presumption that such registered owner or registered operator of the vehicle was the person who parked the vehicle at the place where, and for the time during which, such violation occurred.
(H) Waiver and release of all claims. By obtaining a zone parking permit and by parking a semi- tractor, semi-trailer, automobile, pickup truck or any other motor vehicle in the permit parking district the owner of the semi-tractor, semi-trailer, automobile, pickup truck or other motor vehicle and the operator of the semi-tractor, semi-trailer, automobile, pickup truck or other motor vehicle consent and agree as follows:
(1) To assume full risk of any injuries, including death, damages or loss which they may sustain as a result of participating in the use of the permit parking district;
(2) To waive and relinquish all claims that they may have for injury to person or property as a result of participating in the use of the permit parking district;
(3) To fully release and discharge the city and its officials, agents, servants and employees from any and all claims from injuries, including death, damage or loss which they may have or may accrue to them on account of participating in the use of the permit parking district; and
(4) To indemnify and hold harmless and defend the city and its officials, agents, servants and employees from any and all claims resulting from injuries, including death, damages and losses sustained by them and arising out of, connected with, or in any way associated with the use of the permit parking area.
(Ord. 03-38, passed 9-15-03; Am. Ord. 04-14, passed 4-12-04; Am. Ord. 09-57, passed 12-14-09)