(a) Definitions. For the purposes of this Section the following terms, phrases, words and their derivations shall have the meaning herein given. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word shall is always mandatory and not merely directory.
(1) “Resident” shall mean a person who lives in a dwelling unit located in a preferential parking district.
(2) “Merchant” shall mean a person who, as proprietor, operates a commercial business involved in the retailing of goods or services within a preferential parking district.
(3) “Employee of merchant” shall mean any person employed by a merchant within a preferential parking district.
(4) “Guest” shall mean any person visiting or intending to visit, for any purpose, either a resident or merchant located in a preferential parking district.
(5) “Preferential parking permit district” or “district,” shall mean a residential area with streets or boundaries designated by the ordinance establishing the district wherein vehicles displaying a valid permit shall be exempt from parking restrictions established pursuant to this Section.
(6) “Dwelling unit” shall mean a house, apartment, condominium, mobile home or other type of residence.
(b) Designation of preferential parking permit district. The City Council may, upon receipt of a petition signed by residents or merchants living or working in sixty percent of the dwelling units or businesses comprising not less than sixty percent of the developed frontage of the area proposed for designation, designate a certain area or areas to be a preferential parking permit district by motion.
(c) Issuance of permits.
(1) Parking permits for preferential parking districts may be issued by the City Engineer.
(2) The number of permits to be issued to any one dwelling unit or to any merchant’s business establishment (including its employees) shall be determined by the City Engineer based on the parking conditions within each district.
(3) Parking permits may be issued only to the following persons: residents, merchants, employees of merchants or guests within the prescribed preferential parking districts.
(d) Requirements. To obtain a Resident Parking Permit a resident must:
(1) Present “proof of residence” and “proof of vehicle ownership” as determined by the City Engineer;
(2) Pay any required application fees; and
(3) Provide complete and correct information on the application for a Resident Parking Permit.
(e) Specific resident vehicle. A Resident Parking Permit may only be used by the vehicle which has been identified in the application for the permit. If the vehicle is not owned by the resident, sufficient evidence must be presented to prove that the resident has the legal right to use the vehicle so that it can be considered a resident vehicle. At such time as the vehicle is no longer used by the resident, the Permit Holder shall advise and return the Permit to the City Engineer. Proof of residence and vehicle ownership shall not be required for any renewals so long as ownerships have not changed.
(f) Visitor permits. Five (5) Visitor Parking Permits may be issued for each legal dwelling unit within a designated Permit Parking Area for use by the resident or the resident’s temporary visitors in accordance with applicable rules and regulations. The same privileges and restrictions applicable to a Resident Parking Permit shall be applicable to a Visitor Parking Permit.
(g) Special function permits. Residents may apply for a one-day special function parking permit (for parties, etc.) in person at the Public Works Department for a fee determined by the City Engineer. Said permit must be obtained a minimum of twenty-four (24) hours in advance of the special function.
(h) Permit fees. Permit fees shall be established by the City Council. In the absence of any such order, the City Engineer may establish and collect a fee for the issuance of permits.
(i) Lost, stolen, or damaged permits. Replacement permits may be obtained after payment of a fee for each such replacement permit as specified in the City’s Master Fee Resolution.
(j) Deposit of permit fees. Any permit fees collected under the provisions of this part shall be paid into the treasury of the City and deposited in the Preferential Parking Program Fund. Said funds shall earn interest paid into the funds annually.
(k) Display of Permit. In order to be valid, a permit must be displayed so that it is clearly visible to a police officer and in the following manner:
(1) Either suspended from or affixed to the back of the interior rear view mirror facing the front of the vehicle, except as authorized herein.
(2) On a motorcycle, in the middle of the left front fork facing outward.
(3) A Visitor permit shall be suspended from the interior rear view mirror facing the front of the vehicle.
(l) Permit appearance. The City Engineer is authorized to establish the design, designation, style, color and other similar characteristics for each Preferential Parking Permit.
(m) Duration of permit. Except as otherwise provided, each parking permit issued by the City Engineer shall be valid until rescinded by the City Engineer.
(n) Posting signs in permit parking area. Upon approval by the City Council designating a preferential parking district and the specified parking regulations applicable thereto, the City Engineer shall cause appropriate signs to be erected in the district indicating prominently thereon the parking limitation, period of the day for its application, and the fact that motor vehicles with valid permits shall be exempt therefrom.
(o) Permit parking exemption.
(1) A motor vehicle on which is displayed a valid parking permit shall be permitted to stand or be parked in the preferential parking district for which it is issued without being limited by parking restrictions established pursuant to this Section. Except as provided below, all other motor vehicles parked within a preferential parking district shall be subject to the parking restrictions and penalties as provided in this Section.
(2) A preferential parking permit shall not guarantee or serve to the holder thereof an on-street parking space within the designated preferential parking district.
(3) A vehicle displaying a valid parking permit will be subject to all on-street parking restrictions and limitations except those restrictions and limitations imposed pursuant to Section 4-3.418 of this Code.
(p) Exemption of certain vehicles. No person shall, without a permit therefor, park or leave standing any vehicle or trailer in a preferential parking district in excess of the parking restrictions authorized pursuant to this part, except for the following:
(1) Repair, maintenance, refuse, utility, City, fuel or delivery vehicles doing business in the preferential parking district;
(2) Vehicles delivering life-support and health commodities to residential areas and schools located in the preferential parking district; and
(3) Emergency vehicles.
(q) Grounds for refusal to issue or revocation of a resident parking permit. Any of the following are grounds for refusal to issue or to revoke a Resident Parking Permit:
(1) Current Residence. The applicant or permit holder cannot provide required evidence that the dwelling is the principal residence of the applicant or permit holder.
(2) Incomplete Application. Failure of applicant to provide complete and correct information required by the City Engineer.
(r) Permit revocation procedure. The City Engineer is authorized to suspend and revoke a Resident Parking Permit under these rules and regulations. If the City Engineer determines that there are adequate grounds to revoke such a permit he shall give a permit holder a notice of revocation which states (1) the grounds for revocation, (2) that the permit has been suspended, and (3) the procedure for review and appeal of that notice of revocation. Such a notice may be delivered by leaving a copy on the windshield of the permitted vehicle or by delivering notice as authorized in the appeal process established by these rules and regulations.
A Resident Parking Permit is automatically suspended as soon as notice of revocation is delivered to the permit holder. The suspension shall become a permanent revocation if either (1) no timely appeal is filed, or (2) the City Engineer, or his designee, does not rescind the notice of revocation. During any period of suspension, a Resident Parking Permit shall not be valid nor shall it exempt a vehicle from compliance with this Section.
(1) Reconsideration by City Engineer (first step). An applicant or permit holder may appeal a decision to deny or revoke a permit to the City Engineer. Any such appeal shall be in writing and shall be filed with the City Engineer within seven (7) calendar days after delivery of a notice of denial or revocation. If such an appeal is made, the applicant or permit holder shall be given an opportunity for a review and meeting concerning the decision by the City Engineer or his designee. The City Engineer or his designee is authorized to affirm, reverse or modify any such decision. Notice of the determination on reconsideration shall be in writing.
(2) Appeal to the City Council (final appeal). Any applicant or permit holder may appeal the determination of the City Engineer to the City Council. Any such appeal (1) shall be in writing, (2) shall state the reasons for the appeal, and (3) shall be filed with the City Engineer’s determination. If such an appeal is timely made, the applicant or permit holder shall be given an opportunity for a review by and meeting with the City Council concerning the denial or revocation of the permit. The City Council is authorized to affirm, reverse or modify any such denial or revocation.
(s) Penalty provisions.
(1) Unless exempted by provisions of this Section, no person shall stand or park a motor vehicle in any preferential parking district established pursuant to this Section in violation of any parking restrictions established pursuant to this Section.
(2) No person shall falsely represent himself as eligible for a parking permit or furnish false information to the City Engineer in an application for a preferential parking permit.
(3) No permit issued pursuant to this Section shall thereafter be assigned, transferred, or used for any consideration, monetary or otherwise.
(4) No person shall copy, produce, or create a facsimile or counterfeit parking permit, nor shall any person use or display a facsimile or counterfeit preferential parking district permit.
(5) A violation of this Section shall constitute an infraction.
(t) Dissolving district. The designation process as set forth in this Section shall be utilized by the City Council in determining whether to dissolve a preferential parking district.
(§ 1, Ord. 924-NS, eff. July 1, 1986, as amended by § 3, 1556-NS, eff. July 1, 2011)