Hercules Municipal Code Art. 17 Preferential Parking Program

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(a)

"Residence"

means a house, apartment, condominium, mobile home or other type of dwelling, in conformance with the City's Zoning Ordinance and related zoning maps, having an address assigned consistent with the house numbering maps maintained by the City. An apartment having numbers or letters assigned in addition to the street address shall be deemed to be a residence.

(b)

"Guest"

means any person visiting or intending to visit, for any purpose, either a resident or merchant located in a preferential parking district.

(c)

"Merchant"

means a person who, as proprietor, operates a commercial business involved in the retailing of goods or services within a preferential parking district.

(d)

"Permit"

means a permit issued to an individual to park in a preferential parking district in the City.

(e)

"Preferential parking district" or "district"

means certain public streets or portions thereof, including residences and businesses adjacent thereto, designated by the resolution establishing the district, wherein vehicles displaying a valid permit applicable to that district shall be exempt from parking restrictions established pursuant to this Chapter.

(f)

"Resident"

means a person who lives in a residence located in a preferential parking district.

(Ord. 483 § 1 (part), 2015)

(a) The City Council may by resolution, upon first convening a public hearing and providing notice to property owners of record and/or lawful lessees of properties within three hundred (300) feet of the proposed preferential parking district, designate a public street or streets, or portions thereof, together with residences and/or businesses adjacent thereto, as a preferential parking district.

(b) A proposal to create a preferential parking district may be brought to the City Council by staff, or at the City Council's discretion, or upon receipt of a petition signed by no less than two-thirds (2/3) of all property owners of record and/or lawful lessees of properties comprising all developed frontage of the public street or streets proposed for designation. Any person signing such a petition may be required to provide satisfactory evidence that he or she satisfies the requirements of this Section. The City Council retains discretion to approve or disapprove petitions to create preferential parking districts, and may assign additional review to a Council committee, subcommittee, and/or the Planning Commission.

(c) When districts are formed by resolution, the resolution should identify various district parameters including but not limited to permit expiration dates, hourly parking limitations, eligibility criteria for permittees, and the number of permits to be issued.)

(Ord. 483 § 1 (part), 2015)

(a) Permits shall be issued by the City Manager or his or her designee. Each permit issued shall remain property of the City at all times.

(b) The number of permits to be issued to any one (1) residence or to any merchant's business establishment, including its employees, shall be determined by the number of residents and merchants, as well as the parking conditions within each district, and shall be set forth in the resolution establishing the district.

(c) Permits may be issued only to the following persons: residents, merchants, employees of merchants, or guests within specified districts.

(Ord. 483 § 1 (part), 2015)

Upon the adoption by the City Council of a resolution designating a preferential parking district and the specific parking regulations applicable thereto, the City Manager shall cause signs to be erected in the district, indicating prominently thereon the parking restrictions and the fact that motor vehicles with valid permits shall be exempt therefrom.

(Ord. 483 § 1 (part), 2015)

(a) A motor vehicle displaying a valid permit affixed to the vehicle's interior rear-view mirror, or displayed as otherwise directed by the Director of Public Works, may park or be parked in the district for which the permit is issued without being subject to parking restrictions in this Chapter or the resolution establishing the preferential parking district; provided, however, that nothing herein shall affect or excuse a violation of any other provision of this Code, the California Vehicle Code, the Streets and Highways Code, or any other laws applicable to the parking of motor vehicles.

(b) A preferential parking permit shall not guarantee or reserve to the permittee an on-street public parking space within any district.

(Ord. 483 § 1 (part), 2015)

No person shall, without a permit, park any motor vehicle in a preferential parking district in violation of any parking restrictions set forth herein or in a resolution establishing a preferential parking district, excepting the following:

(a) Repair, maintenance, refuse, utility, fuel or delivery vehicles doing business in the district.

(b) Vehicles delivering life support and health commodities to residential areas or schools located in the preferential parking district.

(c) Police vehicles and other public safety or emergency vehicles operated by or under the authority of a governmental entity while engaged in the performance of official duties.

(d) Any other vehicle expressly authorized by law to park within the district, notwithstanding the provisions of this Chapter.

(Ord. 483 § 1 (part), 2015)

(a) Each person desiring to obtain a permit shall submit an application on such form as may be provided by the City, together with the filing fee as established by resolution of the City Council. No permit shall be issued unless the applicant is at least eighteen (18) years of age, possesses a valid California driver's license, and is a resident or merchant within the district to be established. Residency shall be established by a valid driver's license or at least two (2) utility bills, or other proof of residency that may be required by staff. Permit issuance is subject to terms and conditions as may be set forth in this Chapter or in the resolution establishing the district.

(b) Each permit shall be valid for the period set forth in the resolution establishing the district, and may be renewed in accordance with procedures set forth in that resolution or in the manner provided for a new permit if no such procedures have been established.

(Ord. 483 § 1 (part), 2015)

(a) Unless exempted by provisions of this Chapter, no person shall park a motor vehicle in any preferential parking district in violation of any parking restrictions set forth in this Chapter or resolution establishing a preferential parking district.

(b) No person shall falsely represent himself/herself as eligible for a parking permit or furnish false information in an application for a permit.

(c) No permit issued pursuant to this Chapter shall thereafter be assigned, transferred or used for any consideration, monetary or otherwise. Only the person to whom a permit has been issued or his/her minor child with a valid California driver's license or learner's permit may use the permit. This Section does not apply to guest permits, which are governed by Section 3-4.1710.

(d) No person shall copy, produce or create a facsimile or counterfeit parking permit, nor shall any person use or display a facsimile or counterfeit preferential parking district permit.

(e) No person shall display a permit that has been revoked.

(Ord. 483 § 1 (part), 2015)

(a) The permit of any permittee who has violated the provisions of Section 3-4.1708(b), (c) or (d) may be immediately revoked upon written notice by the City of the permit revocation. Upon notification of such revocation, the permittee shall, within fifteen (15) business days of the date of such notice, either surrender the permit or file a written request with the City Clerk for a hearing before the City Manager or his or her designee.

(b) Any written request for a hearing must be received within said fifteen (15) day period to be considered timely, and upon receipt of a timely request, the revocation shall be stayed pending a final decision following the hearing.

(c) A hearing shall be held by the City Manager or designee, unless continued by agreement, no less than ten (10) business days after the date notice of the hearing is mailed by first class mail, postage prepaid, to the permittee. At the hearing, any person may present evidence or argument as to whether the permit should be revoked.

(d) The City Manager or designee may give oral notice of the decision at the close of the hearing, or may send notice of the decision by mail to the permittee. The decision shall be final. If the decision to revoke is sustained following the hearing, the permittee shall, within twenty-four (24) hours, surrender the permit to the City Clerk.

(e) Any revoked permit not timely surrendered shall immediately be deemed null and void, and of no force or effect.

(f) No permittee who has had a permit revoked may reapply for another permit for twenty-four (24) months following the effective date of the revocation.

(Ord. 483 § 1 (part), 2015)

Any rules governing the issuance of guest permits shall be as set forth in the resolution establishing the district.

(Ord. 483 § 1 (part), 2015)

The procedures set forth in Section 3-4.1702 shall be utilized by the City Council in determining whether to dissolve a preferential parking district.)

(Ord. 483 § 1 (part), 2015)

(a) It shall be unlawful for any person including but not limited to the registered owner of the vehicle to violate any provision, or fail to comply with any of the requirements, of Section 3-4.1708(a) through (e). Any person violating any said subsections or failing to comply with any of their requirements shall be deemed guilty of an infraction, and upon conviction thereof shall be punishable by: (1) a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) a fine not exceeding two hundred dollars ($200.00) for a second violation within one (1) year; or (3) a fine not exceeding five hundred dollars ($500.00) for each additional violation within one (1) year. Any person violating this Chapter or causing or permitting a violation thereof shall be regarded as committing a separate offense on each day that the violation occurs or continues.

(b) Civil Remedies Available. A violation of any of the provisions of this Chapter shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance.

(c) The penalties in this Section are not exclusive, and are in addition to any other lawful penalties pursuant to State or local law.

(Ord. 483 § 1 (part), 2015)