Modesto Municipal Code Art. 19 Residential Parking Permit Zones

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Editor's note— Ord. No. 3665, § 1, adopted February 10, 2017, repealed the former Art. 19, §§ 3-2.1900—3-2.1917, and enacted a new Art. 19 as set out herein. The former Art. 19 pertained to similar subject matter and derived from Ord. 2788-C.S., § 1, effective 10-24-91; Ord. 3127-C.S., § 1, and Ord. 3363-C.S., § 1, effective 12-9-04.

The residential parking requirements established in this chapter are intended to regulate and manage traffic and parking circulation in response to the adverse effects caused in certain areas and neighborhoods of Modesto by motor vehicle congestion, particularly the long-term parking of non-residence by limiting on- street parking availability in a manner that facilitates the ability of residents with residential parking permits to park in close proximity to their residence and promotes sufficient parking availability in a particular area when and where needed. A system of residential parking will serve to promote the safety, health and welfare of all the residents of Modesto by reducing a number of strains on residents of the City. For the reasons set forth in this chapter and pursuant to the authority of Vehicle Code Section 22507, a system of residential parking is enacted for the City.

(Ord. No. 3665-C.S., § 1, effective 2-10-17; Ord. No. 3716-C.S., effective 3-12-20)

Upon the receipt and verification of the petition prescribed by the City containing the valid signatures and phone numbers of at least sixty-seven (67) percent of the residents and/or owners of real property in a specific residential area proposed for designation, the City Engineer shall direct surveys or studies necessary to determine whether a residential area is suitable as a residential parking permit zone. Council shall conduct a public hearing to consider whether that residential area should be designated as a residential parking permit zone. Upon a finding by Council that the area proposed for designation has unique residential parking problems, due to the nature, location, frequency or duration of activities or events causing such problems, that outweigh the needs of the general public for access to the area and its facilities, the Council may by resolution establish a residential parking permit zone for said residential area in accordance with the provisions of this article. Such resolution shall state the findings of necessity for the zone designation, the boundaries of the residential parking permit zone, the applicable time limitations, the day or days of restriction, and such other conditions as Council deems necessary and in the public interest. Persons occupying residences on streets within a residential parking permit zone shall be exempt from the general restrictions of parking. Such exemptions shall be evidenced by issuance of a valid parking permit displayed in the manner indicated at the time of issuance.

Council shall not consider permit zone establishment for a particular residential area more frequently than once each year.

(Ord. No. 3665-C.S., § 1, effective 2-10-17; Ord. No. 3716-C.S., effective 3-12-20)

The words and phrases used in this article shall have the meanings respectively ascribed to them in this section.

(a) "Vehicle" means an automobile, truck, motorcycle, or other motor-driven form of transportation, not in excess of ten thousand (10,000) pounds gross weight.

(b) "Owner" means a natural person over the age of sixteen (16) years who has at least a one-quarter ownership interest in a parcel of real property within a residential permit parking zone designated pursuant to this article.

(c) "Resident" means a person over the age of sixteen (16) years who lives in a residential permit parking zone as his or her permanent place of residence, either as a tenant or as owner.

(d) "Residential area" means a contiguous area, containing public streets or highways or parts thereof, in which residents dwell and which have been zoned by the City of Modesto as R-1, R-2, or R-3.

(e) "Resident parking permit" means any permit issued to a resident of a legal dwelling unit located in a residential parking permit area, who owns a motor vehicle, registered to an address within the zone, for the purpose of parking in a residential permit parking area pursuant to this article.

(f) "Guest parking permit" means a person who is a guest visiting residents in a dwelling unit located in a residential permit parking area and is displaying a Guest Parking Permit pursuant to this article.

(g) "Business owner" shall mean the owner of a business located adjacent to a street or portion of street within a residential permit zone and such owner's agent.

(h) "Residential permit parking zone" means a residential area as designated in this article in which a motor vehicle issued a valid permit pursuant to this chapter shall be exempt from the parking restrictions herein established.

(i) "Annexation" means adding additional block-face to an existing residential permit parking area.

(j) "Block-face" means one (1) side of a city block between two (2) intersections.

(k) Whenever any words or phrases used in this article are not defined in this section, but are now or hereafter defined in the Vehicle Code of the State of California, such definitions are incorporated herein and shall be deemed to apply to such words and phrases used in this article as though set forth in full.

(Ord. No. 3665-C.S., § 1, effective 2-10-17; Ord. No. 3716-C.S., effective 3-12-20)

Upon the adoption of a resolution by the Council designating a residential permit parking zone and appropriate parking time restrictions, the City Manager shall order appropriate traffic control devices, including but not necessarily limited to signs to be erected in such areas indicating prominently thereon the parking limitations, periods of the day for its application, and the fact that vehicles issued and displaying a valid permit in the manner indicated at the time of issuance shall be exempt.

(Ord. No. 3665-C.S., § 1, effective 2-10-17; Ord. No. 3716-C.S., effective 3-12-20)

(a) It is unlawful and a violation of this section, unless expressly provided to the contrary herein, for any person to stand or park a vehicle on a street within a residential permit parking zone when posted by signs giving notice thereof and erected pursuant to this article, without a valid resident parking permit for that zone properly displayed in the manner indicated at the time of issuance. The fine for each such violation is the amount established by resolution.

(b) It is unlawful and a violation of this section for a person falsely to represent himself or herself as eligible for a resident parking permit or a guest permit or to furnish false information in an application for any such permits.

(c) It is unlawful and a violation of this section for any person to use or display, or permit the use or display of, a resident parking permit or a guest permit pertaining thereto on a vehicle other than that vehicle for which such permit was issued and duly authorized and its purpose. The fine for such violation is the amount established by resolution.

(d) It is unlawful and a violation of this section for any person to sell, transfer, or convey, or to offer to sell, transfer, or convey, any parking permit issued pursuant to this article, whether for money or other consideration or without money or consideration. Any such violation shall subject the violator(s) by revocation of the residential permit(s) and possible denial of a permit(s) at the next renewal cycle for that permit area.

(e) It is unlawful and a violation of this section for any person to alter, copy, produce or otherwise create a facsimile or counterfeit parking permit in order to evade parking regulations applicable in a residential area. Any such violation is subject to a civil penalty as specified in the resolution adopted by the City Council pursuant to this section.

(Ord. No. 3665-C.S., § 1, effective 2-10-17; Ord. No. 3716-C.S., effective 3-12-20)

(a) Any vehicle on which is properly displayed in the manner indicated at the time of issuance a valid resident parking permit, a business, or guest permit, pertaining thereto, as provided for herein, may be parked on a street within the residential permit parking zone without limitation of the day or time restrictions established by the Council under Section 3-2.1900. Such parking permit shall not guarantee or reserve the holder thereof an on-street parking space on a street in such residential permit parking zone or exempt the vehicle from any other applicable restrictions, ordinances, or State and local laws.

(b) Any clearly marked commercial vehicles with commercial license plates parked for the purpose of commercial or residential maintenance or while making a pickup or delivery of goods, wares or merchandise from or to any building or structure located within a residential permit parking zone.

(c) Any authorized emergency vehicle as defined in California Vehicle Code Section 165 during conduct of official business if such vehicles are identified as such by an official seal or logo.

(d) Any vehicle where the operator or the passenger being transported by said vehicle displays a valid disabled placard or said vehicle has been issued disabled license plates meeting the requirements of Vehicle Code Section 22511.5.

(Ord. No. 3665-C.S., § 1, effective 2-10-17; Ord. No. 3716-C.S., effective 3-12-20)

Residential parking permits shall be issued to vehicles registered to residents at a residential address within the zone, but the actual number of permits will be based on the City's survey findings. The resident will be required to complete an application listing each motor vehicle. The resident will be required to prove ownership or control of each of the vehicles for which an annual permit is issued. Each permit issued by the City shall be valid for a maximum of one (1) year. The requirements governing the manner in which persons qualify for vehicle parking permits shall be established by the City Manager designee and includes current California Department of Motor Vehicle registration and proof of current residency, both of which shall reflect the address of the residents that is located within the permit zone. Residents may also purchase guest permits when approved by resolution in accordance with the policy set by City Council.

(Ord. No. 3665-C.S., § 1, effective 2-10-17; Ord. No. 3716-C.S., effective 3-12-20)

(a) All parking permits shall be properly displayed in the manner indicated at the time of issuance by the program designee when parked in the residential parking permit zone for which it was issued.

(b) Each vehicle issued a parking permit shall be parked in a manner that conforms to all other parking and vehicle regulations and laws established by this Code and by the California Vehicle Code.

(c) A valid parking permit issued under this chapter shall not guarantee or reserve to the holder on-street parking space on any street or portion of street within the permit parking area for which the permit was issued.

(Ord. No. 3665-C.S., § 1, effective 2-10-17; Ord. No. 3716-C.S., effective 3-12-20)

The Council may establish, by resolution, fees for the issuance of residential parking permits, business and guest permits, failure to properly display parking permit dismissal fee in lieu of the fine, and a fee for the replacement of lost, damaged, or destroyed permits. There shall be no refund for or setoff of any unused portion of any permit.

(Ord. No. 3665-C.S., § 1, effective 2-10-17; Ord. No. 3716-C.S., effective 3-12-20)

Permits shall terminate upon any of the following events:

(a) The transfer or sale of the vehicle for which a permit has been issued.

(b) The relocation of the permittee from his or her residence within a residential parking area to another residence, whether within or outside said zone.

(c) Upon expiration of the time period for which a permit has been issued.

(Ord. No. 3665-C.S., § 1, effective 2-10-17; Ord. No. 3716-C.S., effective 3-12-20)

Administration of residential permit parking zones, including but not limited to the issuance of permits, collection of fees or fines, physical changes to traffic control devices, or changes to days or hours of restrictions shall be administered in accordance with regulations promulgated from time to time by the City Manager designee.

(Ord. No. 3665-C.S., § 1, effective 2-10-17; Ord. No. 3716-C.S., effective 3-12-20)

Upon the filing with the City Clerk of a verified petition containing the valid signatures of at least fifty-one (51) percent of the residents and/or owners of real property in a specific residential area or upon the written request of the chief executive officer of a major employer, agency, or institution adjacent to the residential permit parking zone, Council shall conduct a public hearing to consider whether that area should totally or partially cease to be designated as a residential parking permit zone. Upon a finding by Council that a majority of the owners and/or residents no longer wish to participate in the permit parking zone or desire revision of its conditions or that a major employer or institution adjacent to a permit parking zone suffers significant detrimental impacts resulting from the permit parking zone which outweigh residents' interests, Council may by resolution terminate, modify or disestablish the permit parking zone. Such resolution shall state the effective date of termination of the permit parking zone or of partial termination or of the revised conditions. Not more than one (1) reconsideration or disestablishment hearing per zone shall be held annually unless five (5) members of the Council vote to reconsider a particular matter at a lesser interval.

(Ord. No. 3665-C.S., § 1, effective 2-10-17; Ord. No. 3716-C.S., effective 3-12-20)

Nothing in this section is intended to limit the City's ability at any time to recommend on its own initiative for public hearing and approval by the Council to modify or to terminate one (1) or more of the residential parking permit zones then in existence.

(Ord. No. 3665-C.S., § 1, effective 2-10-17; Ord. No. 3716-C.S., effective 3-12-20)