Calexico Municipal Code Ch. 10.26 Downtown Preferential Parking Program

The following words and phrases are defined and shall be construed as defined below, unless it shall be apparent from the context that they have a different meaning:

A. "Downtown preferential parking zone" or DPPZ shall mean that zone more particularly described as: Mary Street to the East, Emerson Avenue to the West, Fourth Street to the North, and First Street to the South (co-extensive with the city's current parking meter zone).

B. "Guest" shall mean any person who the merchant desires to utilize the merchant's space such as a customer, employee, or vendor.

C. "Merchant" shall mean an individual who is a business owner within the established downtown preferential parking zone, having filed a petition, or intending to file a petition to request the establishment of a preferential parking space(s).

D. "Motor vehicle" shall mean a vehicle that is self-propelled as it is defined in section 415 of the California Vehicle Code.

E. "Police chief" shall mean the police chief of the city.

F. "Preferential parking" shall mean that by resolution or ordinance the city council may restrict the parking or standing of motor vehicles within a specified parking space within the city's downtown preferential parking zone, exempting them from the certain parking prohibitions or restrictions of the metered parking zone.

G. "Preferential parking space" shall mean a parking space(s) within the city's downtown preferential parking zone, approved and established as a preferential parking space for merchants.

(Ord. No. 1101, § 2, 9-1-09)

The city council, hereby establishes a preferential parking program for merchants within the DPPZ, and authorizes the issuance of preferential parking spaces on an annual basis pursuant to the process and criteria established in the following sections. Merchants located in the DPPZ may file a petition with the police chief requesting the establishment of preferential parking. The merchant must certify that the request meets all of the criteria set forth in Section 10.26.030. The following procedures shall be used in establishing preferential parking spaces:

A. The police chief, or his/her designee, shall receive and review petitions requesting the establishment of preferential parking spaces from merchants located in the DPPZ to ensure that the petitions meet all the criteria identified in Section 10.26.030.

B. Upon review of the petition, the police chief shall determine the number of spaces and specific location of the requested spaces based upon the impacts to the commercial area and other businesses in proximity to the requested spaces and shall either issue or deny the petitions based upon these criteria.

C. Once approved, and upon payment of all fees, the city shall remove any parking meters from the established spaces and an approved sign will be mounted on the parking meter poles identifying the parking spaces as a preferential parking space of the merchant and indicating that vehicles may be towed or cited pursuant to this chapter.

D. After spaces are granted to a merchant, the city shall notify the merchant sixty days prior to the expiration of the preferential parking space and the merchant shall provide information to the chief of police to satisfy the program criteria as specified in Section 10.26.030 and provide payment of the annual fee to continue to utilize the preferential parking spaces for another one-year term.

(Ord. No. 1101, § 2, 9-1-09)

In order to qualify for establishment of a preferential parking space(s) in the DPPZ, the following criteria shall be required:

A. The merchant's place of business must be located within the city's DPPZ.

B. The merchant must have a valid city business license and be current on all business license or other city fees.

C. The merchant may only request the establishment of preferential parking spaces immediately adjacent to the merchant's business.

D. The merchant may request one parking space per every five hundred square feet of his/her business. In no event may the number of preferential parking spaces exceed three spaces for one business.

(Ord. No. 1101, § 2, 9-1-09)

A. Except as otherwise provided in this chapter, only a guest, employee, or vendor shall be permitted to park in the merchant's preferential parking space while transacting business at the merchant's business. No person shall park or leave standing any vehicle in a preferential parking space in violation of the parking restrictions in this chapter.

B. Every attempt should be made by merchants to contact the owner of a motor vehicle parked in violation of this chapter and request that the vehicle be moved from the preferential parking space prior to the merchant contacting the police department.

C. If a merchant is unable to locate the owner of a vehicle in violation, or if a vehicle owner refuses to move a vehicle in violation, then the merchant is authorized to contact the police department to have any such vehicle parked in a preferential parking space of the merchant that is in violation of this chapter towed at the vehicle owner's expense.

D. A violation of this chapter is an infraction and subject to a one hundred dollar fine and/or is subject to the city's civil parking penalties.

(Ord. No. 1101, § 2, 9-1-09)

A. The police chief shall periodically review and recommend appropriate adjustment of the preferential parking program fees for review and approval by the city council.

B. The annual fee for the commercial preferential parking program shall be set pursuant to city council resolution and shall be based on a per space basis. The fee shall include the cost to post the preferential parking sign, reimburse the city for lost revenue for the displacement of the parking meter, cover the cost to maintain the preferential parking space, and reimburse the city for the reasonable costs to administer this program.

C. Upon the merchant's change of place of business, the merchant will be required to re-petition for any preferential parking at the new location.

D. All such fees shall be paid for the year in advance.

E. In the event that a merchant moves out of the location adjacent to the preferential parking space, the preferential parking space shall expire immediately. The police department shall be notified at least ten calendar days prior to the move. Preferential parking spaces are non-transferable.

F. No refund of any of the above fees shall be provided once the city process has been initiated however, a prorated refund may be granted for such periods where the spaces have been paid for by a subsequent applicant during any period during the remainder of the payment term.

(Ord. No. 1101, § 2, 9-1-09)

A. The chief of police may temporarily suspend the use of a preferential parking space for special city or non-governmental sponsored events such as street fairs, community wide celebrations, parades or similar types of activities.

B. A preferential parking space shall only exempt the motor vehicle from certain parking prohibitions and/or restrictions within the preferential parking space for which it was established, and not impact temporary road closures due to road, utility, street sweeping or landscape maintenance.

(Ord. No. 1101, § 2, 9-1-09)

A. The following vehicles shall be exempt from parking restrictions established pursuant to this section:

1. A vehicle, identified as owned by or operated under contract to a utility, whether privately, municipally or publicly-owned, when used in the construction, operation, removal, or repairs of utility property or facilities or engaged in authorized work in the designated preferential parking space; or

2. A vehicle, identified as owned by or operated under contract to a governmental agency, when used in the course of official government business; or

3. A public safety vehicle or ambulance when used in the course of business, or

4. A disabled person or disabled veteran displaying special license plates or a distinguishing placard for the disabled are allowed to park for unlimited periods pursuant to section 22511.5 of the Vehicle Code.

(Ord. No. 1101, § 2, 9-1-09)

A. The chief of police may revoke or suspend a merchant's preferential parking space for failure to comply with the provisions of this chapter; failure to maintain a valid city business license; or upon evidence that the merchant is engaged in otherwise unlawful activity. Any merchant who has had a preferential parking space revoked or suspended may appeal such determination to the city manager within five business days of the chief of police's written notice of suspension or revocation. If the merchant does not appeal the revocation/suspension within five business days, then the chief of police is authorized to remove the preferential parking sign and replace the sign with the city's parking meter. If the merchant does file an appeal, the chief of police cannot remove the preferential parking sign and replace the city's parking meter until the city manager has made a final decision on the matter. If a merchant's preferential parking privilege is suspended or revoked, the merchant is not entitled to a refund of any fees.

(Ord. No. 1101, § 2, 9-1-09)