Davis Municipal Code Art. 22.12 Preferential Parking

This article is enacted in response to the serious adverse effects caused in certain areas and neighborhoods of the city by motor vehicle congestion, particularly the long-term parking of motor vehicles on the streets of such areas and neighborhoods by nonresidents thereof who do not visit or conduct business with residents. As more specifically set forth in Section 22.12.020, such parking by nonresidents threatens the health, safety and welfare of the residents and commerce of the city. In order to protect such residents and promote commercial well-being in impacted neighborhoods, it is necessary to enact the preferential parking system established by this article.

(Ord. 1057 § 1)

The preferential parking system established by this article will relieve the serious adverse effects of motor vehicle congestion by:

(a) Reducing potential hazardous traffic conditions resulting from the long-term parking of commuter motor vehicles in neighborhoods;

(b) Protecting such areas and neighborhoods from polluted air, excessive noise, and trash and refuse caused by the entry and exit of such motor vehicles;

(c) Protecting the residents of such areas and neighborhoods from unreasonable burdens in obtaining parking near their residences and in gaining access to their residences;

(d) Preserving the character of such areas and neighborhoods as residential; promoting the efficiency of the maintenance of the streets of such areas and neighborhoods in a clean and safe condition;

(e) Preserving the value of property in such areas and neighborhoods;

(f) Promoting and protecting commercial enterprises by elimination of commuter parking in impacted commercial areas and by provision of free short-term parking for customers and by provision of preferential permit parking to employees of commercial establishments;

(g) Preserving the safety of children and other pedestrians; and

(h) Promoting traffic safety and the peace, good order, comfort, convenience and general welfare of the inhabitants of the city.

(Ord. 1057 § 1)

For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Commuter vehicle

means a motor vehicle parked in a preferential parking area by a person not a resident thereof, but having a business interest in that preferential parking area. Commuter vehicles are subject to other limitations as defined by city resolution.

Customer vehicle

means a motor vehicle parked for a period of less than two consecutive hours in a preferential parking area by a customer of a commercial establishment located therein.

Dwelling unit

means a house, apartment or other residence with an assigned address as used by the U.S. Postal Service or as listed in the city directory.

Lease

means that a person pays rent or other remuneration for use of a parcel of real property at his or her residence or place of business.

Motor vehicle

includes an automobile, truck, motorcycle, or other motor-driven form of transportation not in excess of ten thousand pounds gross weight.

Nonresident permit

means a permit issued by the police chief for use on a commuter vehicle in those preferential permit parking areas where the city council has, by resolution, authorized the use of such permits.

Owns

means that a person has at least one-quarter of the fee interest in a parcel of real property within a preferential permit parking area.

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 or parking prohibitions which are established pursuant to this article. The permit parking exemption shall not exempt any person from any other parking provisions of state law or city ordinance or resolution.

Resident

means a person who dwells in the preferential parking area on a permanent basis.

Resident permit

means a permit issued by the police chief for use on a resident vehicle while parked in a preferential permit parking area.

Resident vehicle

means a motor vehicle owned or under the control of a resident and regularly parked in the preferential parking area in which the resident resides.

(Ord. 1057 § 1; Ord. 1613 § 1; Ord. 1849 §§ 1, 2)

The city council, in accordance with the requirements of this article, may designate as a preferential permit parking area any area which satisfies the criteria established in this article. Such area shall be designated by resolution. The resolution shall also state the applicable fees to be charged upon permit issuance. Upon designation as a preferential permit parking area, motor vehicles displaying a valid parking permit may stand or be parked in areas, reserved for resident parking and may stand or be parked without limitation by parking time zone regulations established pursuant to this article. The permit parking exemption shall not exempt any person from any other provisions of state law or city ordinance or resolution.

(Ord. 1057 § 1; Ord. 1613 § 2)

(a) An area shall be deemed eligible for consideration as a preferential permit parking area if, based on surveys and studies prepared at the direction of the city traffic engineer, objective criteria establish that the area is adversely affected by traffic from vehicles for any extended period during the day or night, on weekends, or during holidays. The area eligible for consideration as a preferential parking area includes streets which, in the judgment of the traffic engineer, are not presently impacted by motor vehicles but would be so impacted upon adoption of preferential parking restrictions for an adjacent area.

(b) In determining whether an area identified as eligible for preferential permit parking may be designated as a preferential permit parking area, the traffic engineer and the city council shall take into account factors which include, but are not limited to, the following:

(1) The extent of the desire and need of the residents for preferential permit parking;

(2) The extent to which legal on-street parking spaces are or will be occupied by motor vehicles during the period proposed for parking regulations;

(3) The extent to which vehicles parking in the area during the period proposed for parking regulations are or will be commuter vehicles rather than resident or customer vehicles; and

(4) The extent to which customer vehicles and motor vehicles registered to persons residing in the area cannot be accommodated by the number of available off-street parking spaces.

(Ord. 1057 § 1; Ord. 1613 § 3; Ord. 1849 §§ 3, 4)

The study of feasibility for establishment of a preferential parking area may be initiated by the city council, traffic committee or city traffic engineer based upon their own motion or based upon petition of interested persons. After initiation of such a study, the process for establishment of a preferential parking area is as follows:

(a) The traffic engineer shall undertake or cause to be undertaken such surveys or studies as are deemed necessary to determine whether the area is eligible to be a preferential parking permit area.

(b) Following the completion of surveys or studies to determine whether designation criteria are met, the city's transportation commission shall, at a public meeting, hear the report of the traffic engineer and shall consider the eligibility of the area under consideration for designation as a preferential permit parking area. The commission shall also consider the boundaries for the proposed preferential permit parking area as well as the appropriate regulations on parking.

(c) The transportation commission shall recommend for or against the designation of the area under study as a preferential parking area. Such recommendation may also include a list of recommended conditions and regulations applicable to any area proposed for designation as a preferential parking area.

(d) Upon receipt of the transportation commission recommendations, the city council shall conduct a noticed public hearing. If the city council determines that a preferential parking area should be created, it shall adopt a resolution establishing the program for the area in question including the boundaries, parking regulations, fees, if any, and other appropriate conditions. Thereafter, the program shall be implemented as hereinafter provided.

(e) Notice of the public hearing provided for herein shall be published once in the official newspaper of the city at least ten days before the hearing date. The notice shall clearly state the purpose of the hearing, the location and boundaries tentatively considered for the proposed residential permit parking area and, if applicable, the approximate permit fee to be charged therefor. During such hearing or hearings, any interested person shall be entitled to appear and be heard.

(Ord. 1057 § 1; Ord. 1575 § 1; Ord. 2664, 8/27/2024)

(a) Parking permits shall be issued by the police chief. Each such permit shall state for which preferential permit parking area it is issued. No more than one permit per vehicle shall be issued.

(b) Parking permits may be issued only to the following persons:

(1) A resident of the preferential permit parking area who owns or has lawful possession of a vehicle;

(2) An owner or lessee of commercial property who actively engages in business activity in a preferential permit parking area for which the city council by resolution has authorized the issuance of business parking permits;

(3) A nonresident who pays the nonresident fee in those areas for which the city council by resolution has authorized the issuance of nonresident commuter parking permits. It shall be the responsibility of a business establishment to advise the city finance department in writing at the time of purchase or renewal of their business license of employees who qualify for a nonresident commuter parking permit. It shall be the responsibility of the business to update the authorization as employees change and to collect and to reissue permits purchased for employees;

(4) A person who periodically does business in a preferential permit parking area for which the council by resolution has authorized the issuance of business parking permits if he or she supplies the city finance department with a written list of customers served in the permit area at the time of purchase or renewal of their business license;

(5) A member of a living group (e.g., fraternity or sorority) located in a preferential permit parking area where the member regularly lodges at the facility; provided however, that no more permits shall be issued for residents of such facility than the number of off-street parking spaces required by the zoning ordinance for new facilities of similar size, less the actual number of off-street parking places required to be provided by the facility's current zoning permit. When issuing permits hereunder the police chief may proceed on a first-come, first-served basis, or on the basis of agreement with the residents or their authorized representative. Such permits shall not be issued where the facility is operated in violation of Chapter 40 (the zoning ordinance). The city council may, for good cause, increase the number of permits authorized by this subsection.

(Ord. 1057 § 1; Ord. 1575 § 2; Ord. 1613 § 4; Ord. 1617 § 1)

The police chief, or designee, is authorized upon application to issue visitor parking permits to residents of a preferential permit parking area for use by bona fide transient visitors therein. The city council may, by resolution or ordinance, prohibit or regulate the issuance and use of visitor permits in any preferential permit parking area.

(Ord. 1057 § 1; Ord. 1613 § 5)

The police chief, or designee, is authorized upon application to issue customer parking permits to businesses of a preferential permit parking area for use by bona fide transient customers therein. The city council may, by resolution or ordinance, prohibit or regulate the issuance and use of customer permits in any preferential permit parking area.

(Ord. 1796 § 2)

Upon the adoption by the city council of a resolution designating a preferential permit parking area, the traffic engineer shall cause appropriate signs, markings and/or meters to be erected in the area, indicating prominently thereon the parking regulations, and conditions under which permit parking shall be exempt therefor.

(Ord. 1057 § 1)

Permits shall be displayed in a manner determined by the police chief.

(Ord. 1057 § 1)

(a) A resident motor vehicle or nonresident motor vehicle on which is displayed a valid parking permit as provided for herein shall be permitted to stand or be parked in the preferential permit parking area for which the permit has been issued without being limited by time limit parking regulations or without being limited by parking prohibitions which limit parking to residents. The permit parking exemption shall not exempt any person from any other provisions of state law or city ordinance or resolution.

(b) All other motor vehicles parked within a preferential permit parking area shall be subject to the parking regulations adopted as provided in this chapter as well as the penalties provided for herein.

(c) A preferential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated preferential permit parking area.

(Ord. 1057 § 1; Ord. 1613 § 6)

Parking permits issued by the police chief shall be valid for a one-year period and may be renewed annually upon reapplication in the manner required by the police chief. Each application or reapplication for a parking permit shall contain information sufficient to identify the applicant, his or her residence address, or the address of real property owned or leased within a permit area, and such other information that may be deemed relevant by the police chief.

(Ord. 1057 § 1; Ord. 1575 § 3; Ord. 1985 § 1; Ord. 2439 § 1, 2014)

The fee for preferential parking permits shall be established by resolution of the city council.

(Ord. 1057 § 1)

(a) It shall be unlawful and a violation of this article, unless expressly provided to the contrary herein, for any person to stand or park a motor vehicle contrary to the parking regulations established pursuant hereto.

(b) It shall be unlawful and a violation of this article for a person to falsely represent him or herself as eligible for a parking permit or to furnish false information in an application therefor to the police chief.

(c) It shall be unlawful and a violation of this article for a person holding a valid parking permit to permit its use or display by anyone who does not qualify for the permit. Such conduct shall constitute a violation of this article both by the holder of the parking permit and by the person who unlawfully uses or displays it on a motor vehicle.

(d) It shall be unlawful and a violation of this article for a person to copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit.

(e) It shall be unlawful and a violation of this article for anyone to use or display upon a motor vehicle a permit reported lost or stolen to the police department. Unlawful display of a permit will result in towing the vehicle to a storage facility at the owner's expense, plus imposition of the maximum fine permitted by Government Code Section 36900.

(f) Except where otherwise specifically provided, all violations of this article shall be punishable as infractions as set out in Government Code Section 36900.

(Ord. 1057 § 1; Ord. 1575 § 4)

(a) The police chief is authorized to revoke the residential parking permit of any person found to be in violation of this article, and, upon written notification thereof, the person shall surrender such permit to the police chief. Failure, when so requested, to surrender a preferential parking permit so revoked shall constitute a violation of law and this article and shall be punishable as an infraction.

(b) In the event the police chief has good cause to believe that any resident is abusing the visitor permit system described in this article, he or she may deny any further application for a visitor permit by such person abusing the system. Any person aggrieved by such a determination made by the police chief shall have the right to appeal to the city council within ten days of such determination.

(Ord. 1057 § 1)