(a) Definitions. For the purpose of this section, the following words and phrases are defined and shall be construed as hereinafter set forth, unless it shall be apparent from the context that they have a different meaning:
(1) "Guest" shall mean a person who is visiting a dwelling unit located in a preferential parking district.
(2) "Merchant" shall mean the owner of a business legally operating within a preferential parking district.
(3) "Nonlocal vehicle" shall mean a motor vehicle parked in a residential area which is not owned, leased or otherwise controlled by a "resident," a "merchant" or a "guest," as such terms are defined in this section.
(4) "Permit Parking Administrator" shall be an individual duly appointed by the Chief of Police to administer all provisions set forth herein.
(5) "Preferential parking district" shall mean a residential area with streets and boundaries designated by a City Council resolution wherein vehicles displaying a valid permit shall be exempt from parking restrictions established pursuant to this section.
(6) "Resident" shall mean a person who lives in a dwelling unit located within the boundaries of a preferential parking district.
(b) Parking Privileges for Permit Holders. Any motor vehicle displaying a valid preferential parking permit for a street within a preferential parking district may park on that street during the hours when parking on such street is prohibited to non-permitted vehicles. A preferential parking permit shall neither guarantee nor reserve to the holder thereof any particular on-street parking space. A permitted vehicle shall obey all other parking rules, regulations and restrictions.
(c) Designation Power and Criteria. A preferential parking district shall be created only where the City Council has found that unrestricted parking by nonlocal vehicles creates a situation in which the streets cannot be used for parking by the residents or their guests and that such unrestricted parking substantially, unreasonably and regularly interferes with the use of a majority of the available public street parking, is the source of unreasonable noise, traffic hazards, environmental pollution or of other interference with the residential environment, and detrimentally affects the public welfare.
(d) Designation of Preferential Parking District. Preferential parking districts may only be designated or dissolved by a City Council resolution. The City Council shall consider for designation as preferential parking districts those areas satisfying the criteria provided for in subsection (c) hereof. If the Council determines that the criteria have been met, it may establish, by resolution, preferential parking districts with appropriate boundaries, time restrictions, and other appropriate rules, regulations, or restrictions.
(e) Installation of Signs. The preferential parking designation shall not apply to any specific street within the district until a sign giving adequate notice thereof has been installed on that street. The Permit Parking Administrator will cause the installation of such signs on the streets in preferential parking districts, in an order and timing in his or her discretion according to sound traffic engineering principles, indicating that there is no parking between specified hours except for vehicles which display a valid preferential parking permit.
(f) Establishment and Enforcement of Hours. Preferential parking referenced in this section shall be in effect and enforced on such days of the week and during such time periods as shall be determined by City Council resolution, and shall be prominently posted on signs erected within such preferential parking districts. Nothing in this section shall be construed as allowing permit parking during times or hours, or by type of vehicle otherwise prohibited in this title or by any provision of the Code of Ordinances of the City of Southgate or the Michigan Vehicle Code.
(g) Exemptions. The vehicles listed in this section may park in a preferential parking district without a preferential parking permit; therefore, subsection (c) hereof shall not apply to any of the following: vehicles lawfully displaying a special identification license plate or placard issued to a disabled person; vehicles of disabled veterans, emergency vehicles and other vehicles explicitly exempted from observing parking regulations pursuant to the applicable provisions of the Michigan Vehicle Code.
(h) Preferential Parking Permit-Application and Issuance. The Permit Parking Administrator shall issue preferential parking permit applications and shall issue permits, by street or streets, upon proper application therefor. Permits shall be issued only as follows: Annual permits shall be issued for passenger vehicles, pick-up trucks and vans but only upon application of a resident or merchant who is the currently registered owner. Each application and reapplication shall be on a form provided by the Permit Parking Administrator and shall contain sufficient information to satisfy the director as to the identity and qualifying address of the applicant, the applicant's registered ownership, the license number of the vehicle and proof of current registration. No more than one annual permit shall be issued for each vehicle for which application is made unless reapplication is made and proof is provided, to the satisfaction of the Permit Parking Administrator, that an issued permit was lost, stolen or destroyed. No more than three annual permits shall be issued to any dwelling unit or merchant at any point in time. The Permit Parking Administrator may withhold issuing any permit for a vehicle for which there is evidence of any outstanding, unpaid parking violation. Permits shall be issued, denied or conditionally issued within thirty days of application. Any person wishing to contest a denial must do so in writing to the Permit Parking Administrator within ten days of the date of the notification of denial, setting forth all the facts which the permit holder wishes the Permit Parking Administrator to consider, and a decision thereon shall be made by the Permit Parking Administrator within fifteen days of receipt.
(i) Guest Permits. Upon application, the Permit Parking Administrator shall issue up to three, annual guest permits to every residential dwelling unit located within the boundaries of a preferential parking district. No guest permits shall be issued to merchants. An annual guest permit is transferable, without restriction, among guests. No more than three such annual permits shall be issued to any residential dwelling unit unless reapplication is made and proof is provided, to the satisfaction of the Permit Parking Administrator, that an issued permit was lost, stolen or destroyed. In addition to the annual guest permits, and upon application by a resident, the Permit Parking Administrator may issue dated, one-day guest passes to residents on a special event basis.
(j) Other Preferential Parking Permits. The Permit Parking Administrator shall receive applications for preferential parking permits from duly authorized representatives of organizations, professions or other designated groups with real property interests within the preferential parking district where the Permit Parking Administrator determines, based upon sound engineering principles, traffic investigation and/or surveys made from time to time, that such permits will further the objectives of this section and will not adversely affect parking conditions for residents and merchants within the district. Permits shall be issued on payment of fees established by resolution of the City Council, in numbers consistent with the determination of the director and on certification by applicant of compliance with this section and all applicable laws, rules and regulations. Permits shall be issued, denied or conditionally issued within thirty days of application. Any person wishing to contest a denial must do so in writing to the Permit Parking Administrator within ten days of the date of the notification of denial, setting forth all the facts which the applicant wishes the Permit Parking Administrator to consider, and a decision thereon shall be made within fifteen days of receipt.
(k) Permit Content. Each preferential parking permit shall state the street or streets on which it is valid, the expiration date and any additional information required by the Permit Parking Administrator.
(l) Permit Application and Terms.
(1) Each preferential parking permit and guest permit issued pursuant to this section shall be issued on an annual basis, and each such permit shall expire twelve months following its issuance.
(2) Each application, reapplication and renewal application shall be made and considered in the manner set forth in this section, as applicable, for permit type.
(m) Permit Display. Preferential parking permits, except for guest permits, shall be permanently, visibly affixed to the left inside rear window of the vehicle for which it is issued, and the permit shall not be effective unless it is so affixed. Guest permits shall be visibly displayed on the driver's side of the dashboard so as to be readily visible through the vehicle's windshield.
(n) Permit Revocation. The Permit Parking Administrator may revoke the permit of any permittee under any of the following grounds: ineligibility for a permit under the terms of this section at the time of the application; ceasing to be eligible during the term of the permit; failing to comply with or violating any condition imposed on the issuance of a permit; or failing to comply with or violating the requirements of this section or any related law or regulation. Written notification shall be given to the permittee stating grounds for revocation and requesting surrender of the permit. Except as set forth below, the permit shall be considered void on the sixth day after the date of notification. Any person whose permit has been revoked shall not be issued a new permit without reapplication and establishing eligibility pursuant to this section to the reasonable satisfaction of the Permit Parking Administrator. Anyone wishing to contest a revocation must do so, in writing, and cause it to be filed with the Permit Parking Administrator within five days of the date of the notification of revocation, setting forth all the facts which the permit holder wishes the Permit Parking Administrator to consider, and a decision thereon shall be made within fifteen days of receipt. If such a contest is timely filed, revocation shall be stayed until the Permit Parking Administrator's decision is made.
(o) Violations and Penalties. The following violations of this section shall be fined an amount established by Violations Bureau of the 28th District Court:
(1) Parking on a preferential parking street between the specified, posted hours without display of a valid preferential parking permit, guest permit or guest pass for that street.
(2) Copying, producing, creating or displaying a facsimile or a counterfeit preferential parking permit.
(3) Falsely representing one's self as eligible for a preferential parking permit or wilfully furnishing false information in an application therefor.
(4) Using a revoked permit.
(5) Use of a preferential parking permit by a non-eligible vehicle.
(Ord. 792. Passed 6-30-04.)