Compton Municipal Code § 12-9 Preferential Permit Parking Program

[1]

Editor's Note: Prior ordinance history: Ord. #s 2166, 2206, 2213, 2222.

[Ord. #2298 § 1]

This section is enacted pursuant to authority granted by California Vehicle Code §§ 22507 and 22507.5, to alleviate serious problems in certain residential areas of the City due, in part, to the misuse of available off-street parking, the parking of motor vehicles on streets therein by nonresidents thereof for extended periods of time, and the ignoring of public transit alternatives to automobile travel available to said nonresidents, resulting in neighborhood decline in said areas by reason of traffic congestion, noise, air pollution, traffic hazards and inability of residents therein to park their motor vehicles near their residences.

[Ord. #2298 § 1]

CITY COUNCIL

City Council of the City of Compton.

GUEST

A person who visits or is employed by an occupant of a dwelling unit located in a preferential parking district.

HOLIDAYS

Within the meaning of this Section, holidays are as defined in California Government Code, Section 6700, as it may be amended from time to time.

NON-RESIDENT VEHICLE

A motor vehicle parked in a residential area which is neither owned, leased or otherwise controlled by a resident who lives in the area designated as a preferential parking district nor by a guest visiting a resident living in a preferential parking district.

PARKING RESTRICTION

The amount of time and/or time of day vehicles may park on the street in a preferential residential parking district. Such restrictions may include, without limitation, "one hour parking except by permit", "two hour parking except by permit", "no parking except by permit", and "no parking 8:00 a.m. to 6:00 p.m. except by permit".

PREFERENTIAL PARKING DISTRICT

"Preferential parking area" means an area designated as herein provided wherein motor vehicles displaying a valid permit as described herein shall be exempt from the time limit parking regulations, which would otherwise be applicable.

RESIDENT

A person who lives in a dwelling unit located in a preferential parking district.

[Ord. #2298 § 1]

a. The process for designating a Preferential Parking district may be initiated by petition or a motion of the City Council.

b. The City Clerk shall provide petition forms for preferential parking districts. Such petition shall be established by resolution of the City Council.

c. Proceedings for designating a preferential parking district may be initiated by petition containing the signatures of at least 2/3 of the residents of all units of occupancy fronting curbs proposed to be included in the district. The petition shall indicate and set forth the positive desire of all signators for preferential parking privileges and their willingness to assume all associated administrative and enforcement costs, by affixing their signature, printed name, and address to the petition calling for the creation of a district. The petition shall be distributed and presented to the City Clerk by advocates of such district's creation.

d. After a petition meeting the eligibility requirements is received by the City Clerk, the petition shall be forwarded to the City Manager and/or designee (i.e., City Engineer) for a survey or studies as necessary. The City Manager and/or designee shall notify the applicant whether the establishment of a residential preferential parking district would be recommended to the City Council.

e. Upon recommendation of the City Manager and/or designee, the City Council shall set a place for a public hearing on the proposed district. The City Clerk shall mail notice of the hearing at least 10 days prior to the hearing to all property owners, residents and commercial occupants within the proposed district and within 400 feet of the boundaries of such district, measured from the outer edges of the rights-of-way constituting the outer district boundaries.

f. Following the receipt of the petition, and following the public hearing, the City Council shall determine if the district is to be designated for preferential parking. That determination shall be based upon, but not limited to, substantial compliance with the following guidelines:

1. High Demand. More than 75% of on-street spaces are occupied during period proposed for parking restriction or prohibition. In cases where a time limit parking restriction or parking prohibition is already in place, the City Manager or his/her designee shall use reasonable judgment as to whether the demand criteria would likely be met without the restriction or prohibition.

2. Self-Contained Area. The district, alone or in combination with other existing or potential preferential parking districts, constitutes a reasonably self-contained area of parking demand and supply. City Manager or his/her designee shall make the determination of a reasonably self-contained area, utilizing boundaries such as major streets, nonresidential land uses, edges of higher or lower density residential areas, waterbodies and other natural features; and utilizing surveys of existing conditions to determine extent of area impacted by nonresident parking. City Manager or his/her designee shall designate each such self-contained preferential parking district with a unique letter or combination of letters, which shall be the official designation of said district. The purpose of this designation process is to ensure that proposed preferential parking districts are of sufficient size as to reasonably encompass the problem area and to offer sufficient on-street parking spaces to provide reasonable opportunity for residents to obtain parking.

3. The interference by non-resident vehicles has occurred at regular and significant daily or weekly intervals.

4. A shortage of reasonably available and convenient residential-related parking spaces exists in the area of the proposed district.

5. If the district is proposed solely for daytime preferential parking, the following guidelines shall apply: Nonresidential users. More than 50% of vehicles parked at curbside during the period proposed for parking restriction or prohibition are owned by nonresidents of the district. In cases where a time limit parking restriction or prohibition is already in place, the City Manager or his/her designee shall use reasonable judgment as to whether the demand criteria would likely be met without the restriction or prohibition.

6. Such additional criteria may be applied as the City Council may deem and identify as reasonably related to the designation of such districts.

[Ord. #2298 § 1]

a. Once a resolution establishing a residential preferential parking district is established, parking permits must be issued to at least 50% of residents in the district before signs will be installed designating the preferential parking district. If the minimum number of permits is not obtained within 60 days, or the number of permit holders drops below 50% following annual permit renewals, the residential preferential parking district may be terminated by resolution of the City Council at a public hearing noticed as described above.

b. The City Council may terminate a preferential parking district upon receipt of a petition calling for such termination which has been received and transmitted by the City Clerk, and contains signatures and the corresponding printed name and address representing a majority (50% plus one) of the dwelling units in the district. The City Council may also terminate such district, without petition, based upon, but not limited to, any changes in the criteria upon which the original designation was based.

[Ord. #2298 § 1]

a. The Business License Division shall issue preferential parking permits. Preferential parking permits shall be of three types:

1. Residential preferential parking permits.

2. Guest preferential parking permits.

3. Temporary preferential parking permits.

b. Except for guest preferential parking permits, no more than one permit shall be issued for each vehicle for which application is made. Each permit issued shall reflect by statements thereon or by color thereof, or both, the particular preferential parking district for which the permit is issued and, except for guest preferential parking permits, the permit shall reflect the license number of the vehicle for which the permit is issued.

c. Preferential parking permits may be issued only for passenger vehicles, pickup trucks, and vans, and only upon application of a person whose legal address is on a street, or portion thereof, designated as part of a preferential parking district in subsection 12-9.13.

d. Preferential permits may be issued as follows:

1. Up to three residential permits may be purchased per address. For each residential permit, proof of residency and registered ownership or exclusive use and control of a vehicle shall be demonstrated in a manner determined by the Business License Division. The applicant shall provide the vehicle license plate number and such additional information as the Business License Division deems necessary for the proper processing of the application.

2. One guest parking permit may be purchased per address. A guest parking permit may be issued to a person whose legal address is on a street, or portion thereof, designated as part of a preferential parking district in subsection 12-9.13. Use of a guest permit is limited to visitors and providers of services to the applicant or the applicant's residence and is not limited to a particular vehicle. The applicant is responsible for the proper use of the guest parking permit.

3. Temporary preferential parking permits may be issued for bona fide guests of residents of a preferential parking district provided that such permits shall be valid for no more than seven consecutive days.

[Ord. #2298 § 1]

a. Except for temporary preferential parking permits, each preferential parking permit shall be issued by the Business License Division on a calendar year basis, and each such permit shall expire at midnight (12:00 a.m.), December 31 next following its issuance. Permits may be renewed annually by mail. Each application or reapplication shall contain such information as the Business License Division deems necessary for the proper processing of the application. The application shall also contain a statement to the effect that the applicant agrees that the permit applied for may not be sold or transferred in any manner, except that a guest permit may be used by various visitors and service people to the applicant's residence. The application shall also state that the sale or transfer of a permit in violation of this section shall be subject to a fine in the amount of $100, and that any misuse of any permit issued under this section is grounds for revocation of the permit by the Business License Division pursuant to this section.

b. An application may be submitted by either the owner of the property for which a permit is sought or the tenant of such property, but in the case of applications submitted by tenants, the owner of the property shall also be required to sign the application form.

[Ord. #2298 § 1]

Applications for issuance of initial permits, renewal permits, transfer permits in the case of a holder of a permit in one preferential parking district moving to another preferential parking district and desiring a new permit for the latter district, or a replacement permit in the case of a lost or mutilated permit, shall be filed with the Business Licensing Division and shall be accompanied by such fee therefore as may be established from time to time by resolution of the City Council. The fee charged for permits issued for less than 12 months may be reduced in proportion to the time already elapsed in the current calendar year for which the permit would be valid. The Business Licensing Division shall not issue a replacement permit unless the Business License Division has received satisfactory evidence that the permit being replaced has been lost or mutilated.

[Ord. #2298 § 1]

Residential parking permits shall be firmly attached to the left side of the rear bumper of the vehicle for which the permit is issued so as to be readily visible to a person approaching the vehicle from the rear thereof. Guest permits or temporary permits shall be displayed from the rear-view mirror or by such other method as directed in instructions contained on the permit itself.

[Ord. #2298 § 1]

a. The Business License Division is authorized to revoke a preferential parking permit or a guest parking permit of any person found to be in violation of any of the provisions of this Section and, upon the written notification thereof, such person shall surrender the permit to the Business License Division or prove its destruction or disfigurement. Additionally, the sale or transfer of a permit in violation of this section shall constitute an infraction punishable by fine per Compton Municipal Code Section 1-6.3.

b. Any person whose preferential parking permit has been revoked shall not be issued a new permit until expiration of a period of one year following the date of revocation and until such person has made required application therefore and has paid the fee required for a renewal permit.

[Ord. #2298 § 1]

The City Manager or his/her designee shall place and maintain or cause to be placed and maintained on each of the streets, or portions of streets, designated in subsection 12-9.13, appropriate signs notifying the public that vehicles must display preferential parking permits as well as showing the applicable time limits for parking of vehicles without said permits.

[Ord. #2298 § 1]

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 the City Council when designating each preferential parking district.

[Ord. #2298 § 1]

Any passenger vehicle, pickup truck or van properly displaying valid, unrevoked preferential parking permits may be parked on any of the streets, or portions of streets, designated in subsection 12-9.10 for which said permits have been issued without being limited by time restrictions on parking, other than those in effect for purposes of street sweeping or of prohibiting parking or stopping at any time or of prohibiting parking more than 72 consecutive hours, set forth in this Chapter and applicable generally to parking of vehicles. Preferential parking permits shall not guarantee or reserve to the holder thereof any on-street parking space.

[Ord. #2298 § 1]

Such areas shall be designated by resolution. Upon designation as a preferential parking area, motor vehicles displaying a valid parking permit may stand or be parked without limitation by parking time zone and regulations except as specifically set forth in the resolution designating preferential parking areas.

[Ord. #2298 § 1]

a. No person shall falsely represent himself or herself as eligible for preferential parking permits or furnish false information in an application therefore to the Business License Division.

b. No person shall park or leave standing in a Preferential Parking District a motor vehicle on which is displayed a preferential parking permit, which has been issued pursuant to the provisions of this Section for a different passenger vehicle, pickup truck, or van.

c. No person shall copy, produce, or otherwise bring into existence a facsimile or counterfeit preferential parking permit without written authorization of the Business License Division.

d. No person shall park or leave standing in a Preferential Parking District a motor vehicle on which is displayed a facsimile or counterfeit preferential parking permit.

e. No person whose preferential parking permit has been revoked shall refuse or fail to surrender the permit to the Business License Division when requested in writing, to do so.

[Ord. #2298 § 1]

The Business License Division may, from time to time, promulgate rules and regulations, consistent with the purpose and provisions of this section, to facilitate implementation of this section, which rules and regulations may include, but need not be limited to, procedures for the application for and issuance and renewal of permits hereunder and provision for a limitation of the number of permits that may be issued per dwelling unit.