(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning,
CURBSIDE PARKING SPACE. Twenty linear feet of curb, exclusive of those portions of the curb where parking, apart from the provisions of this section, is not presently permitted.
RESIDENTIAL DISTRICT. A contiguous or nearly contiguous area containing public highways or parts thereof primarily abutted by residential property or residential and nonbusiness property (such as schools, parks, churches, hospitals and nursing homes).
RESIDENTIAL PARKING PERMIT AREA. A residential district where curbside parking on public highways is limited to not more than two consecutive hours between 8.30 a.m. and 5:00 p.m. on weekdays except Saturdays, Sundays and holidays, unless the vehicle properly displays a parking permit authorized by division (E) below.
(B) Creation or termination of a residential parking permit area.
(1) The Board of Public Works and Safety shall, upon its own initiative or upon a petition, signed by a majority of the households in the existing or proposed district, conduct a public hearing to create or terminate the existence of a residential parking permit area. Such public hearing shall be held only after notice thereof has been published two times, seven days apart, at least seven days but not more than ten days before the hearing in a daily newspaper of general circulation in the city, and the mailing of notice by first class mail to each household in the district listed in the most current city directory. Such notice shall state the purpose, time and location of the public hearing, the exact location and boundaries of the proposed or existing residential parking permit area and the permit fee to be charged.
(2) The Board of Public Works and Safety shall, within 15 days, of the public hearing, recommend in writing, to Common Council whether to create or terminate a residential parking permit area. The written report should take into account the following:
(a) The effect on the safety of the residents of the residential parking permit area from intensive vehicle parking by non-residents;
(b) The difficulty or inability of residents of the residential parking permit area to obtain adequate curbside parking adjacent to or near their residences because of widespread use of available curbside parking spaces by non-resident motorists;
(c) The likelihood that the residential parking permit area will alleviate the non-availability of residential parking spaces;
(d) The willingness of the residents in the residential parking permit area to purchase the permits required by division (E) below; and
(e) The need for some parking spaces to be available in the residential parking permit area for the general public.
(3) Within 45 days following receipt of the report, Common Council shall adopt or reject an ordinance creating the proposed residential parking permit area or terminating the existing residential parking permit area.
(C) Posting of residential parking permit signs.
(1) Following Common Council’s affirmative vote to create a residential parking permit area, signs shall be erected in the designated area.
(2) The signs shall readily inform that curbside parking on public highways in the designated area is limited to not more than two consecutive hours between the hours of 8:30 a.m. and 5:00 p.m. on weekdays, excepting Saturdays, Sundays and holidays, unless the vehicle properly displays a permit required by divisions (E) and (F) below.
(D) Notice to residents of designation of residential parking permit area. Following Common Council’s affirmative vote to designate a residential parking permit area, the City Clerk’s office shall mail to every residence within the designated residential parking permit area the following documents.
(1) A notice of designation which shall inform the residents in the designated area of:
(a) The existence, exact location and numerical designation of the residential parking permit area;
(b) The parking restrictions applicable to all vehicles in curbside parking spaces along public highways in the designated area which do not properly display a parking permit authorized by this section; and
(c) The procedures to obtain a residential parking permit.
(2) An application for residential parking permit on which the applicant is to provide the following information for each vehicle to receive a residential parking permit:
(a) The name and residential address of the owner of the vehicle;
(b) The name residential address and driver’s license number of the principle operator of the vehicle;
(c) The make, model, license plate number and registration number of the vehicle; and
(d) The signature of the applicant for the residential parking permit.
(E) Issuance of residential parking permits.
(1) Upon the applicant’s payment of a $10 annual fee and submission of a residential parking permit application or request for transfer of such a permit to another motor vehicle, the applicant shall receive a residential parking permit hang tag for the vehicle described in the application or request for transfer. Such permit shall hang from the rear view mirror of the vehicle and shall display the street address of the applicant and the numerical designation of the residential parking permit area. Upon the purchase of another vehicle, the permit holder shall have a maximum of 15 days to apply for a transfer of the permit to such other vehicle from the vehicle described in his or her original application or last transfer request. Any ordinance violation citations issued during such 15-day period shall not be enforced.
(2) Except as otherwise provided in this code, no residential parking permit shall be issued to a vehicle whose owner and principal operator do not reside within the designated residential parking permit area.
(3) The applicant for, and holder of, the residential parking permit shall be the owner or principal operator of the vehicle receiving the parking permit.
(4) A vehicle shall be issued a residential parking permit only if it displays valid state license plates, unless the vehicle is not required to have them.
(5) All maintenance, service and construction vehicles shall be exempt from the time limitations established by this section while the drivers of such vehicles are engaged in working on property within the designated area. Upon request, a temporary parking permit shall be issued free of charge for any such vehicles.
(6) The parking permit hang tag shall be returned to the City Clerk at such time the resident no longer lives at the location.
(7) Upon request, a parking permit hang tag shall be issued free of charge to any non-resident landlord who owns property within the designated area. This permit may be used by the landlord or his or her agents while engaged in maintenance or construction on property within the designated area.
(F) Use of residential parking permits.
(1) A parking permit shall not guarantee or reserve a parking space within a designated residential parking permit area. A parking permit shall not authorize the standing or parking of any vehicle in such places and during such times as the stopping, standing or parking of vehicles is prohibited or set aside for specified types of vehicles, and shall not excuse the observance of any traffic regulation, other than the two-hour parking limit enforced in the residential parking permit area.
(2) A parking permit shall be valid only in the residential parking permit area for which it is issued.
(3) It shall be a violation of this section for the holder of a parking permit to fail to surrender it when directed to do so.
(4) It shall be a violation of this section for any person to represent in any fashion that a vehicle is entitled to a parking permit authorized by this section when it is not so entitled. The display of a parking permit on a vehicle not entitled to such a parking permit shall constitute such a representation.
(5) It shall be a violation of this section for any person to duplicate or attempt to duplicate, by any means, a parking permit authorized by this section. It shall also be a violation of this section for any person to display on any vehicle such a duplicate parking permit.
(G) Exemptions.
(1) Whenever metered parking is in effect in any portion of a residential parking permit area, the parking spaces controlled by meters shall be excepted from the provisions of this section so long as the control by meters continues.
(2) A petition requesting the exemption of a particular street segment of a residential parking permit area signed by a majority of the residents of that street segment, will automatically exempt that particular street segment from designation as a residential parking permit area.
(H) Termination of residential parking permit area. Following Common Council’s adoption of an ordinance terminating a residential parking permit area, the City Clerk shall send a notice by first class mail to each residence in such area that the residential parking permit area has been terminated and state that the effective date is 30 days after the adoption of said ordinance.
(I) Regulations. The Board of Public Works and Safety is authorized to establish, after due notice and opportunity for interested parties to be heard, all written regulations necessary to implement and enforce the provisions of this section.
(J) Penalty. If a residential parking permit has expired, is fraudulent, or if the permit holder no longer fulfills the qualifications for holding such permit, such permit shall be null and void. Any vehicle not displaying a current and valid permit, which has been parked in violation of the two-hour parking restriction, shall be subject to the penalty for overtime parking, pursuant to § 75.030.
(K) Separability. The provisions of this section are separable and if any provision, clause, sentence, division, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clause, sentences, divisions, words or parts of the regulation or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this section would have been adopted if such illegal, invalid or unconstitutional provisions, clause, sentence, division, word or part had not been included therein, and if such person or circumstance, to which the ordinance or part thereof is held inapplicable, had been specifically exempted therefrom.
(Prior Code, § 74.28)
(Ord. 47-1984, passed - -; Ord. 11-1993, passed - -; Ord. 129-1996, passed - -; Ord. 34-2017, passed 1-2-2018) Penalty, see § 75.999