Fillmore Municipal Code Ch. 14.37 Private Driveway Parking Permits

It is the purpose and intent of this chapter to, pursuant to California Vehicle Code section 22507.2, authorize the owners and lessees of a property developed solely with a single family residence in the city to obtain a permit established by this chapter to park in front of the private driveway of their single family residence.

(Ord. No. 17-878, § 2, 5-9-2017)

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

"Applicant" means the owner or lessee of a property developed only with a single family residence who applies for a permit issued pursuant to this chapter.

"Application" means an application for a permit issued pursuant to this chapter.

"Department" means the finance department of the city.

"Director" means the finance director of the city.

"Permit" means a private driveway parking permit issued pursuant to this chapter.

(Ord. No. 17-878, § 2, 5-9-2017)

A. Parking a vehicle in front of the private driveway of a property developed with only one single family residence is authorized, provided the vehicle properly displays a valid permit. Permits shall be valid only for parking in front of the private driveway of the single family residence associated with and identified on the permit. An applicant may purchase multiple permits for the same property and permits may be transferred between vehicles.

B. Nothing in this chapter shall be deemed to authorize parking on a sidewalk in violation of California Vehicle Code section 22500(f).

(Ord. No. 17-878, § 2, 5-9-2017)

The director or his or her designee shall issue permits upon receipt of a complete application, confirmation that the applicant's property is eligible for this permit, and payment of the applicable fee, as set by a resolution adopted by the city council. Applications shall be in a form provided by the department and shall include without limitation the following information and items:

1. The name of the owner or lessee of the single family home which will be associated with the permit.

2. The address of the single family home which will be associated with the permit.

3. Documentation, in a form acceptable to the director or his or her designee, that the applicant is an owner or lessee of the property which will be associated with the permit, and that the applicant resides at or occupies the single-family residence which will be associated with the permit.

4. Any other information the director deems necessary to properly and efficiently issue and administer permits.

(Ord. No. 17-878, § 2, 5-9-2017)

Permits issued pursuant to this chapter shall be valid for the calendar year for which they are issued. Permits shall expire on December 31 of each year. The administrative fee required with the application shall not be prorated, regardless of the date on which the fee is paid. Persons wishing to obtain a permit must apply for a permit, and pay the administrative fee, annually. If a permit is lost a new permit application and fee will be required to obtain a replacement permit.

(Ord. No. 17-878, § 2, 5-9-2017)

A. Permits issued by the department pursuant to this chapter shall display, without limitation, the following information:

1. The street address of the property for which the permit is issued.

2. The calendar year for which the permit is valid.

3. The permit number.

B. Permits issued pursuant to this chapter shall be hung from the rearview mirror of the vehicle or shall be otherwise clearly visible through the front windshield of the vehicle at all times the vehicle is parking in front of the private driveway. Any person who fails to properly display a valid permit issued pursuant to this chapter shall be subject to issuance of a parking citation for violating California Vehicle Code section 22500(e). An assertion by the vehicle's owner or operator on the grounds that he or she was in possession of, but failed to properly display, a permit at the time of the violation shall not be a reason for dismissal of the parking citation.

(Ord. No. 17-878, § 2, 5-9-2017)

Administration.

A. The department shall maintain a database of all permits issued pursuant to this chapter.

B. The director may promulgate regulations reasonably necessary to implement and administer the provisions of this chapter, including but not limited to creating necessary applications and other forms.

(Ord. No. 17-878, § 2, 5-9-2017)

A. Every person who alters or copies a permit issued pursuant to this chapter, or who uses an altered or copied permit, is guilty of an infraction.

B. Every person who uses a permit issued pursuant to this chapter after it has been expired or revoked, for a property other than the property indicated on the permit, or in any other unauthorized manner is guilty of an infraction.

C. Every person who displays a fraudulent, forged, altered, or counterfeit permit with the intent to avoid compliance with this chapter is guilty of an infraction.

D. Every person who furnishes false information in an application for a permit is guilty of an infraction.

(Ord. No. 17-878, § 2, 5-9-2017)

A. The director may revoke permits as follows:

1. The director may revoke the permit(s) of any person who displays a fraudulent, forged, altered, or counterfeit permit, or who makes any unauthorized copies or duplicates of a permit.

2. The director may revoke the permit(s) of any person who uses a valid permit in an unauthorized manner, or who improperly transfers a permit in an unauthorized manner.

B. The director shall provide written notice to any person whose permit has been revoked. The permit shall be considered void on the fifteenth day after the date of notification. Upon such written notification, the permit holder shall surrender the permit to the department.

C. A permit holder may appeal the revocation of a permit by submitting an appeal in writing to the city manager or his or her designee within fifteen days of the date of notification. If such an appeal is timely filed, the revocation of the permit shall be stayed until the city manager or his or her designee has made a determination on the appeal. The city manager's determination on an appeal shall be final and shall be delivered in writing to the permit holder.

D. An applicant may appeal a decision by the director under this chapter by submitting an appeal in writing to the city manager or his or her designee within fifteen days of the date of the decision. The city manager's determination on an appeal shall be final and shall be delivered in writing to the applicant.

(Ord. No. 17-878, § 2, 5-9-2017)