Chino Municipal Code Ch. 10.29 Residential Parking Permits

The city council finds and declares that the provisions of this chapter are enacted for the following reasons:

A. To reduce hazardous traffic conditions resulting from the use of streets within residential districts for vehicles parked by persons not residing within the residential districts;

B. To protect these residential districts from polluted air, excessive noise, and refuse caused by the entry of such vehicles;

C. To protect the residents of these residential districts from unreasonable burdens in gaining access to their residences;

D. To preserve the character of these districts as residential districts;

E. To encourage the use of public transportation;

F. To promote efficiency in the maintenance of streets in these residential districts in a clean and safe condition;

G. To preserve the value of the property in these residential districts;

H. To promote traffic safety and the safety of children and other pedestrians in these residential districts;

I. To forestall dangers arising from the blocking of fire lanes, hydrants, and other facilities required by emergency vehicles, both in reaching victims and in transporting them to hospitals;

J. To facilitate the movement of traffic in the event of accidents and other disasters; and

K. To promote the peace, comfort, convenience, and welfare of all inhabitants of the city.

(Ord. 91-23 § 1 (part), 1991.)

For the purpose of this chapter, the following definitions shall apply:

A. "Adjacent resident" means any person residing in a residential dwelling unit fronting upon or having direct access to a street or highway within a residential district.

B. "Residential district" means a contiguous or nearly contiguous area containing streets or public highways, or parts thereof, primarily abutted by residential property or residential and nonbusiness property such as schools, parks, churches, hospitals, nursing homes, and the like.

C. "Residential parking permit area" means a residential district where curbside parking on streets or public highways in prohibited or restricted, unless the vehicle properly displays a parking permit pursuant to this chapter.

(Ord. 91-23 § 1 (part), 1991.)

The city council may, by resolution, prohibit or restrict the parking of any motor vehicle, required to be registered by the Vehicle Code, within any residential district, established by the city council, unless the parking of motor vehicles owned by adjacent residents is exempted.

(Ord. 91-23 § 1 (part), 1991.)

A. The city council may, by resolution, determine that a residential district, or portion thereof, shall be designated, or cease to be designated, as a residential parking permit area. Such action may be initiated by the mayor, city council, city manager, or by a petition signed by ten residents of a residential district.

B. Once initiated, the city council shall convene a public hearing to consider a survey, prepared by the director, of the proposed, or existing, residential parking permit area and the input of the residents of said area. The survey shall address and the city council shall consider the following:

1. The effect on the safety of the adjacent residents of the proposed, or existing, residential parking permit area from intensive vehicle parking by nonresidents; and

2. The difficulty or inability of adjacent residents of the proposed, or existing, residential parking permit area to obtain adequate curbside parking because of widespread use of available curbside parking spaces by nonresident motorists; and

3. The likelihood of alleviating any problem of non-availability of curbside parking by adjacent residents through the establishment of a parking permit system; and

4. The desire of adjacent residents in the proposed, or existing, residential parking permit area for the establishment of a residential parking permit system and the willingness of those residents to bear the costs incidental to the issuance of parking permits pursuant to this chapter; and

5. The need for some parking spaces to be available in the proposed, or existing, residential parking permit area for use by the general public; and

6. The extent to which the purpose and intent of this chapter is furthered by the establishment of a residential parking permit area.

C. The city council shall set the date for a public hearing to be held within forty-five days from its receipt of the survey prepared by the director. Notice of said public hearing shall be published two times in a newspaper of general circulation throughout the community. Notice thereof shall also be prominently posted, or at the option of the city council, mailed to every residence in the proposed or existing residential parking permit area. Said notices shall be published, posted, or mailed at least ten days prior to the date of the public hearing. Said notices shall contain the following information:

1. The date and location of the public hearing; and

2. That the purpose of the public hearing is to consider the establishment, or disestablishment, of a residential parking permit area; and

3. The boundaries of the proposed, or existing, residential parking permit area; and

4. The amount of the proposed parking permit fees.

D. Once convened, the public hearing may be continued from time to time.

E. At the termination of the public hearing, the city council shall determine as follows:

1. Whether to designate the residential district or portion thereof under consideration as a residential parking permit area; or

2. Whether to withdraw the designation of an existing residential parking permit area.

F. Prior to establishing or disestablishing a residential parking permit area, the city council shall make findings of fact consistent with the purpose and intent of this chapter as set forth in Section 10.29.010 and the considerations set forth in Subsection B of this Section to support its determination to establish or disestablish a residential parking permit area.

(Ord. 91-23 § 1 (part), 1991.)

A. The city council's determination to establish a residential parking permit area shall not take effect unless and until the director erects parking signs in the designated area.

B. The director, or his designee, shall erect and maintain signs in each residential parking permit area, which signs shall inform the members of the general public of the prohibitions, restrictions and exemptions of each residential parking permit area in accordance with the resolution creating same.

(Ord. 91-23 § 1 (part), 1991.)

A. Residential parking permits shall be designed by the police department.

B. Residential parking permits shall be issued by the police department.

C. The police department shall issue a total of four permits per each adjacent residence, provided that each applicant provides satisfactory proof on a form prepared by the police department of the following:

1. Proof of residence in a dwelling unit fronting upon, or having direct access to, a street or highway within a residential parking permit area;

2. Proof of ownership of each vehicle for which the applicant seeks a permit;

3. Proof that each vehicle is registered at the same address where the applicant resides;

4. No more than two permits are issued to the residents as unassigned for the purpose of guest parking.

D. Prior to issuance, each applicant shall pay a fee for each parking permit as prescribed by the Comprehensive Fee Schedule Resolution. In the event the permit is lost, stolen, or destroyed, the applicant shall be reissued a permit upon payment of a replacement fee equal to the original permit fee.

E. A permit issued pursuant to this section shall remain valid for so long as the person to whom it was issued continues to qualify as an "adjacent resident" in any residential parking permit area established pursuant to this Chapter.

F. While in use, the permit shall be hung from the vehicle's rear view mirror or sun visor so it can be readily observed by the parking control officer.

G. It is unlawful for any person to whom a permit has been issued pursuant to this chapter to transfer, sell, rent, or lease the permit, or to allow the permit to be used on any vehicle not registered to the permittee or presently visiting at the permittee's residence. A violation of this section shall constitute an infraction and shall result in the revocation of the parking permit.

H. If a permit becomes lost, stolen, or destroyed, a reissuance fee will be charged at the same rate of the original fee.

I. The posted restrictions of a residential parking permit area shall not apply to commercial vehicles which are otherwise lawfully parked.

J. It is unlawful for any vehicle to park upon the roadway where parking signs are posted requiring a parking permit as specified in this chapter.

(Ord. 91-23 § 1 (part), 1991.)

Any violation of the provisions of this chapter shall constitute an infraction; and upon conviction thereof, shall be punishable as follows:

A. A fine of not more than fifty dollars for the first violation;

B. A fine of not more than one hundred dollars for a second violation of the same provision within one year;

C. A fine not exceeding two hundred fifty dollars for each additional violation of the same provision within the same year;

D. A person shall be guilty of a separate offense for each and every day during which any violation of any provisions of this chapter is committed, continued or permitted by such person.

(Ord. 91-23 § 1 (part), 1991.)

A. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid, such holding or holdings shall not affect any of the remaining portions of this chapter.

B. The city council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause or phrase hereof irrespective of the fact that any one or more be declared invalid.

(Ord. 91-23 § 1 (part), 1991.)