Duarte Municipal Code Ch. 11.13 Restricted All-Night Street Parking

No person shall park any vehicle on any "restricted street" between the hours of three a.m. and six a.m. on any day.

(Ord. 330 § 1 (part), 1972)

"Restricted street," as used in this chapter, means any street or portion of street which the city council may hereafter, by resolution, designate as being subject to the provisions of this chapter.

(Ord. 330 § 1 (part), 1972)

The provisions of this chapter shall not apply to emergency vehicles, including vehicles performing emergency services for public utilities, nor to disabled vehicles as defined in Section 11.12.060.

(Ord. 330 § 1 (part), 1972)

The provisions of Section 11.13.010 shall not apply to a vehicle for which a temporary or annual all-night street parking permit has been issued in accordance with the provisions of this chapter.

(Ord. 330 § 1 (part), 1972)

Every person desiring an annual all-night street parking permit shall file with the city manager a written application therefor on a form to be furnished by the city. Each such application shall set forth:

(a) The name and residence of the applicant;

(b) The license number, the make and the model of the vehicle for which such permit is requested;

(c) A statement that there is no parking space available or obtainable upon the property designated as applicant's residence;

(d) A statement that no parking space previously provided or available upon the property designated as applicant's residence is now used for any purpose other than for the parking of vehicles;

(e) A statement of any other material facts contributing to the necessity for the issuance of the permit;

(f) The period of time for which such permit is requested;

(g) Such additional information as the city may require;

(h) A statement that applicant declares under penalty of perjury that all statements in the application are true; and

(i) The signature of the applicant.

(Ord. 330 § 1 (part), 1972)

The application under Section 11.13.050 of this chapter shall be accompanied by an investigation fee. Should the requested permit be issued, the applicant shall pay a permit fee, which may be apportioned on a quarterly basis by the city manager. Fees paid pursuant to the provisions of this chapter shall be established by resolution of the city council, and shall not be refundable in whole or in part.

(Ord. 781 § 1 (part), 2006)

Upon the filing of each original application provided for by Section 11.13.050, the city manager shall cause to be made such investigation as he may deem proper to ascertain whether such permit should be granted. The city manager shall not be required to reinvestigate any application for a renewal permit, but he may do so if he has reason to believe that the circumstances as to availability of off-street parking space may have changed since the granting of the previous permit.

(a) If the city manager determines that there is not adequate off-street parking space reasonably obtainable by the applicant at the place of his residence, or within one hundred fifty feet thereof, for the parking of the vehicle described in the application in order to comply with the provisions of this chapter, an all-night parking permit shall be granted by the city manager for all-night parking in the public streets; otherwise it shall be denied.

(b) Notice of denial shall be mailed to the applicant by the city manager and the applicant may within ten days of receipt of such notice file a written appeal from the denial with the city council.

(Ord. 330 § 1 (part), 1972)

Notwithstanding the provisions of the foregoing sections of this chapter, whenever a resident of the city is entertaining an overnight guest or guests, and is without off-street parking facilities for additional vehicles, or whenever other circumstances of a temporary nature prevent compliance by a resident with the provisions of this chapter, such resident may apply to the city manager or his authorized representative for a temporary all-night parking permit for a vehicle or vehicles, and the city manager or his authorized representative shall thereupon issue to the resident a temporary all-night parking permit upon payment by the resident of a fee in an amount established by resolution of the city council, if the city manager or his authorized representative is satisfied there are no off-street parking facilities available for such vehicle or vehicles on the applicant's premises, or within one hundred fifty feet thereof.

(Ord. 713 § 2, 1994: Ord. 588 § 3, 1984; Ord. 330 § 1 (part), 1972)

(Ord. No. 838, § 1, 7-31-2012)

If a permittee surrenders an unexpired permit for a certain vehicle, he may obtain a permit for a substituted vehicle for the unexpired term upon payment of a fee of ten dollars.

(Ord. 713 § 3, 1994: Ord. 330 § 1 (part), 1972)

If the permittee changes his address, he shall pay an additional ten dollars reinvestigation fee for investigation of the new location to continue in effect the remaining portion of his existing permit at the new location.

(Ord. 713 § 4, 1994: Ord. 330 § 1 (part), 1972)

If a permittee loses an unexpired permit for a certain vehicle, he may obtain a duplicate permit for the unexpired term upon the payment of a fee of ten dollars.

(Ord. 713 § 5, 1994: Ord. 330 § 1 (part), 1972)

The parking permit shall be displayed in plain sight on the driver's side of the rear bumper of the vehicle, and the permit shall not be effective unless so displayed. A permit to park overnight by the provisions of the foregoing sections of this chapter does not authorize parking that is otherwise prohibited by state law or municipal regulation.

(Ord. 541 § 1, 1982: Ord. 330 § 1 (part), 1972)

No permit to park overnight pursuant to the provisions of this chapter shall be issued with respect to any vehicle other than a passenger vehicle as defined by the California Vehicle Code, or a pickup truck not exceeding three-fourths ton capacity, with or without camper body.

(Ord. 330 § 1 (part), 1972)

All parking permits issued pursuant to this chapter shall be subject to revocation by the city manager upon his determination that there has been a sufficient change of circumstances which no longer requires the continuance of the permit previously issued, or that any material statement made in the application for such permit was untrue or is no longer true, or that the safety of the community requires revocation in the determination of the city manager. Any revocation shall be made pursuant to investigation as provided for in Section 11.13.070 and the holder of any permit shall have the right to appeal any decision of revocation to the city council in like manner as provided in that section with respect to denial of a permit.

(Ord. 330 § 1 (part), 1972)

The city manager shall cause notice of the provisions of this chapter to be given by appropriate signs or marks on all restricted streets.

(Ord. 330 § 1 (part), 1972)

Notwithstanding anything in this chapter to the contrary, the city council, by resolution, may establish from time to time one or more pilot programs of all-night or overnight restricted parking in one or more designated tracts or on one or more designated streets. Such pilot programs may provide for the issuance of parking permits and may impose fees for permits and fees for other aspects of the pilot program as may be permitted by law. During the period of the pilot program the terms of the resolution establishing or amending the pilot program and any fees established shall supersede any conflicting provisions of this chapter.

(Ord. 809 § 1, 2008)