(a) Residential permit parking area designation and withdrawal criteria and procedures are as follows:
(1) In order for Council to determine whether a residential district, or portion thereof, shall be designated, or shall continue to be designated, as a residential permit parking area, the Traffic Safety Officer or his designee shall:
A. Conduct, upon a petition signed by a majority of owner-occupied residential households in the district or portion thereof, not less than a one block street segment, or at the direction of the Police Commissioner a public hearing prior to such designation or prior to the withdrawal of such designation. Such public hearing shall be held only after due notice has been published two times, not less than seven nor more than thirty days prior to the hearing, in a newspaper of general circulation in the City. The notice shall clearly 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 proposed parking permit fees to be charged. In addition to the published notice, a similar notification shall be prominently posted in the proposed or existing resident parking permit area. During such public hearing any interested person shall be entitled to appear, to be heard and to submit a written statement for the record. The Police Commissioner or his designee, at his discretion, may impose a reasonable limitation upon the length of time that any interested person may be heard.
(2) Within thirty days following the close of the public hearing the Traffic Safety Committee shall recommend by written report to Council, based on the record of the public hearing and the results of a needs assessment addressing the points listed in subsections (a)(2)A. and F. hereof, whether to designate the residential district or portion thereof under consideration as a residential parking permit area, with or without modification to original proposal, or whether to withdraw the designation of an existing residential parking permit area. The report shall also demonstrate that the Committee has taken into account the following:
A. The effect on the safety of the residents of the proposed or existing residential parking permit area from intensive vehicle parking by nonresidents;
B. The difficulty or inability of residents of the proposed or existing residential parking permit area to obtain adequate on-street parking in proximity to their residence;
C. The likelihood of alleviating, by use of the residential parking permit system established by this article, any problem of nonavailability of residential parking spaces;
D. The desire of the residents in the proposed or existing residential parking permit area for the institution of a residential parking permit system and the willingness of those residents to bear the fees set forth in this article and identified by resolution;
E. The need for some parking spaces to be available in the proposed or existing residential parking permit area for use by the general public;
F. The identification of joint solutions and the desire of property owners and residents to implement joint solutions which diminish the use of on-street parking by both residents and businesses with adequate on-site parking facilities or ability to provide on-site parking facilities, other viable parking improvements, as well as, shared parking solutions; and
G. Any potential economic impact which would be felt by businesses located within the proposed residential parking permit area.
(3) Following the receipt of the Committee's report, Council shall hold a public hearing and by resolution vote, as applicable:
A. Whether to designate the Residential District or portion thereof under consideration as a residential parking permit area, and if the District be so designated, Council shall fix the hours when the limitation on curbside parking by nonparking permit holders shall be in effect.
B. Whether to withdraw the designation of an existing residential parking permit area.
(4) If the decision of Council is to refuse to designate or to refuse to withdraw an existing designation of a Residential District or portion thereof as a residential parking permit area, no new petition involving the same area may be filed for at least one year following the effective date of Council's decision.
(b) Once a Residential District or portion thereof is designated a residential parking permit area such designation shall not be amended or withdrawn and no petition to do so shall be entertained for at least six months following the effective date of designation of the area as a residential parking permit area.
(c) The time periods set forth herein within which specified action is to be taken are permissive and may be extended by Council for good cause.
(d) The time periods which the parking permit program is effective in any given Residential District throughout the year is at the discretion of the Police Commissioner (that is, during summer months or other times the parking permit program may be temporarily suspended).
(e) Residential permit parking area designations and withdrawals are established through resolution by City Council upon completion of procedures identified in this section.
(Ord. 39-2005. Passed 9-20-05.)