8-28 PREFERENTIAL PARKING PRIVILEGES. [1]

• 1 Editor’s Note: This section was adopted by Ord. No. 15, §1[3].

8-28.1 Intent, Purpose and Authority.

This section sets forth procedures, pursuant to Vehicle Code Sections 22507 and 22507.2, for the establishment of permit-parking areas within the town in order to alleviate, in certain areas and neighborhoods, motor vehicle congestion caused by long-term parking by nonresidents of those areas and neighborhoods. In order to protect the health, safety, and welfare of residents and merchants of areas and neighborhoods affected by long-term parking and to protect and promote the integrity of these areas and neighborhoods, it is necessary to establish the procedures herein.

Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section:

Director shall mean the person occupying the position of City Engineer or his Deputy.

Parking permit shall mean a decal, sticker, card, or similar device to be prominently displayed on or in a vehicle and containing specific information required by the definition of “valid application”, as applicable.

Permit-parking area shall mean an area with streets and boundaries, designated by Council resolution, within which vehicles displaying a valid permit are exempt from parking restrictions established pursuant to this section.

Valid application shall mean a parking permit application obtained from and filed with the City Engineer, with application fee, and which contains all information requested by the application, including: (a) evidence of residency within the permitparking area, and (b) evidence of vehicle ownership with the vehicle registered to the same address as the resident. Appropriate evidence includes, but is not limited to, a current vehicle registration, a current driver’s license, a recent utility bill, or photocopies of these items.

a. General . Any area satisfying the objective criteria established in these procedures may be considered for designation as a permit-parking area. Permit-parking areas may be designated by Council resolution in which motor vehicles displaying a valid parking permit may stand or be parked without limitation as to the parking time restrictions established by that resolution. The resolution shall also state the applicable time limitation(s) and the period(s) of the day(s) of the week for its application.

b. Nonresident Parking Problem . An area shall be deemed eligible for consideration as a permit-parking area if the data for surveys and studies prepared at the direction of the City Engineer satisfy the objective criteria that the area is impacted by vehicles belonging to nonresidents for any extended period(s) of any day(s) or night(s), on weekdays, weekends, or holidays.

c. Criteria . In determining whether an area identified as eligible for permit-parking may be designated as a permit-parking area, the following criteria shall be included in the review and consideration:

1. The extent of the desire and need of the residents for permit-parking and their willingness to bear the costs associated therewith;

2. The extent to which legal on-street parking spaces are occupied by motor vehicles during the period(s) proposed for parking restriction;

3. The extent to which vehicles parking in the area during the period(s) proposed for parking restriction are vehicles belonging to nonresidents rather than residents;

4. The extent to which motor vehicles registered to residents in the area cannot be accommodated by the number of available off-street parking spaces; and

5. The location and number of spaces available as alternative parking locations for vehicles of nonresidents which are to be displaced in the proposed permit-parking area.

a. Petition . Upon receipt of a verified petition signed by at least half of the adult residents in the area proposed for designation, and who represent at least half of the residential units in that area, the City Engineer shall undertake such surveys or studies as he deems necessary to determine whether the area is eligible for permit-parking.

b. City Engineer Recommends . Based on the surveys and studies, the City Engineer shall report to the Council in writing his recommendations on (1) findings relative to the criteria deemed applicable to the area, (2) conclusions as to whether the findings justify preferential parking for that particular area, (3) proposed boundaries of the permit-parking area, and (4) availability of alternate parking spaces or areas, and (5) appropriate period(s) and day(s) of parking restriction and preference.

c. Council Determines . The Council may (with or without a public hearing) upon consideration of the Engineering Department report and recommendations, determine whether and what action should be taken pursuant to subsection 8- 28.3a.

d. Designation Removal . The designation process and criteria provided by this section shall also be utilized by the City

Engineer and the Town Council in determining whether to remove the designation of an area as a permit-parking area.

a. General . The City Engineer is responsible for the issuance of parking permits to residents in a permit-parking area designated in accordance with subsection 8-28.3.

b. Number Limit . The City Engineer shall not issue more than four (4) permits to any one (1) address for residents at that address, unless the City Engineer finds more than four (4) licensed drivers residing at one (1) address with more than four (4) vehicles registered to that address.

c. Issuance . The City Engineer shall either grant or deny a parking permit within ten (10) working days from receiving a valid application, If the permit is granted, the City Engineer shall issue it in accordance with this section and the permit is valid for the calendar year for which it is issued, unless a different period is established in the resolution creating the permitparking area. If the City Engineer denies a permit, the written reasons for denial shall be provided to the applicant, in person or by mail, within the time period specified herein.

d. Fee . The fee for a permit shall be as established by resolution of the Town Council.

e. Display . The permit shall be displayed as a placard on the dashboard or be otherwise visible from outside through the windshield or rear window of the vehicle, or as a decal affixed to the left rear bumper of the vehicle for which it has been issued.

f. Record . The City Engineer shall maintain a record of the number of parking permits issued to each location, the names of permit holders, the license numbers of vehicles for which a permit has been issued, the preprinted number of the permit, and a notation of the documents checked to established residency and vehicle ownership.

g. Permit Revocation . The City Engineer may revoke the parking permit(s) of any person known to the City Engineer to no longer be eligible for a permit(s). The City Engineer shall give written notice to the permit holder of the revocation, the reasons therefor, and that the permit shall be removed from the individual vehicle. The permit is void beginning on the seventh day after the notice is mailed or delivered, whichever is first.

(Ord. #95-06, §2)

Upon the designation of an area as a permit-parking area, the Director shall have appropriate signs erected and maintained in the area.

a. Parking . No person shall stand or park a motor vehicle without a current permit properly displayed, on a street within the permit-parking area for more than four (4) hours during the effective times and days of the permit parking system.

b. False Information . No person shall falsely represent himself as eligible for a parking permit, or shall furnish false information in an application for a permit.

c. Wrong Vehicle . No person shall use or display, or allow the use or display of, a valid parking permit on a motor vehicle other than that for which the permit was issued.

d. False Copy . No person shall copy, reproduce, or otherwise make a facsimile or counterfeit parking permit.

e. False Display . No person shall knowingly use or display a facsimile or counterfeit parking permit in order to evade time limitations on parking applicable in the permit-parking area.

f. Other . No person shall knowingly commit any act prohibited by this section, or aid or abet another to do so.

a. Initial Ten-Day Grace Period . Restrictions, requirements, and prohibitions otherwise applicable hereunder shall not be operative during the first ten (10) calendar days after the day when notice signs have been erected, as shown in the City Engineer’s records.

b. Emergency Vehicles . Emergency vehicles (including but not limited to ambulances, fire engines, or police vehicles) are not restricted hereunder while controlled by a person providing service to a property in the permit-parking area.

c. Service Vehicle . Delivery, utility, or service vehicles are not restricted hereunder while controlled by a person providing service to property in the permit-parking area. The driver is responsible for identifying such vehicle as a commercial, utility, or service vehicle.

d. Disabled and Handicapped . Any vehicle identified as used by a disabled or handicapped person meeting the requirements of Vehicle Code Section 225115 and displaying the handicap plates, is not restricted hereunder.

8 28 9 Appeals

8-28.9 Appeals.

Any person who has been denied a permit(s) or had a permit(s) revoked by the Director may appeal that decision to the Town Council as provided in Section 1-8, except that: (1) the period for filing the appeal is ten (10) days after the City Engineer’s decision has been mailed or delivered to the appellant, and (2) the appeal shall be accompanied by a ten ($10.00) dollar fee.