Montebello Municipal Code Ch. 10.36 Preferential Parking Districts

A. The city council shall, upon recommendation of the traffic and safety commission or director of public works consider the designation of a preferential parking district for those areas satisfying the criteria established in this chapter and may authorize the traffic and safety commission to establish appropriate parking restrictions for a district.

B. The city council may at its discretion designate by resolution a certain area as a preferential parking district and authorize the traffic and safety commission to establish parking restrictions for this district. Motor vehicles displaying a valid parking permit may stand or be parked exempt from the parking restriction established pursuant to authority of this section in the preferential parking district for which the permit is issued. The resolution shall establish the streets and the boundaries of this district.

(Ord. 2058 § 1 (part), 1991: prior code § 3204.07)

A. If, based on surveys and studies, the traffic and safety commission establishes that on-street parking in an area is substantially reduced or impaired by commuter vehicles for an extended period, it may recommend that the area be designated as a preferential parking district.

B. In determining whether an area identified as eligible for preferential parking may be designated as a preferential parking district, the traffic and safety commission and the city council shall consider factors and criteria which include, but are not limited to the following:

1. The extent to which the residents desire and need permit parking;

2. The extent to which legal on-street parking spaces are available for the use of residents and their guests;

3. The extent to which motor vehicles registered to persons residing in the area cannot be accommodated by the number of available off-street parking spaces;

4. The size and configuration of the area as it relates to the problems of enforcement of parking and traffic regulations and the potential impact of parking and traffic congestion, on this and adjacent areas, as a result of the establishment of such a district;

5. Whether other regulatory measures would better solve the problem (e.g., parking restrictions and strict enforcement of such restrictions);

6. The area to be designated shall include a minimum of one block, both sides.

(Ord. 2058 § 1 (part), 1991: prior code § 3204.08)

A. Upon receipt and verification of a petition signed by residents living in two-thirds of the dwelling units comprising not less than fifty percent of the developed frontage of the area proposed for designation, or upon adoption of a motion by the city council or the traffic and safety commission, all or part of an area may be designated as a preferential parking district.

B. Within sixty days of the completion of surveys and studies to determine whether designation criteria are met, the traffic and safety commission shall give notice and conduct a public meeting for the purpose of receiving public comments on the proposed preferential parking district.

C. Notice of the public meeting provided for herein shall be sent to all affected adjacent property owners. The notice shall clearly state the purpose of the meeting and shall include a description of the location and boundaries tentatively considered for the proposed preferential parking district, the streets involved, parking restrictions being proposed, and the fee to be charged for permits.

D. Within sixty days of the completion of this meeting or meetings conducted with regard to a particular area, the traffic and safety commission shall recommend by written report to the city council, based on the record of such meeting or meetings and the surveys and studies performed, whether to designate the area under consideration as a preferential parking district.

E. The traffic and safety commission report shall set forth the evidence generated as a result of surveys and studies performed, significant subjects and concerns raised at public meeting(s) the findings relative to the designated factors and criteria listed herein which are applicable to the area; any other factors used and conclusions reached which justify preferential parking for that particular area; the proposed streets and boundaries of the area; and the proposed parking restrictions.

F. The designation process and designation criteria set forth in this section shall also be utilized by the traffic and safety commission and the city council in determining whether to dissolve a preferential parking district shall be initiated:

1. Upon receipt of a verified petition of residents living in not less than one-half of the dwelling units comprising not less than one-half of the residential developed frontage within the district proposed to be dissolved;

2. By recommendation of the traffic and safety commission; or

3. By resolution of the city council.

(Ord. 2058 § 1 (part), 1991: prior code §§ 3204.09 and 3204.10)

Upon the adoption by the city council of a resolution designating a preferential parking district, the director of public works shall cause appropriate signs to be erected in the district, indicating prominently thereon the parking limitation period of the day for its application, and the fact that motor vehicles with valid permits shall be exempt therefrom.

(Ord. 2058 § 1 (part), 1991: prior code § 3204.12)

A. A 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 parking district for which it was issued without being limited by parking restrictions established pursuant to this section. Except as provided below, all other motor vehicles parked within a preferential parking district shall be subject to the parking restrictions adopted as provided in this section as well as the penalties provided for herein.

B. A preferential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated preferential parking district.

C. The following vehicles shall be exempt from parking restrictions established pursuant to this section:

1. A motor vehicle as owned by or operated under contract to a utility whether privately, municipally or publicly owned, when used in the construction, operation, removal or repair of utility, property or facilities or engaged in authorized work in the designated preferential parking district;

2. A motor vehicle owned by or operated under contract to a governmental agency, when used in the course of official governmental business.

(Ord. 2058 § 1 (part), 1991: prior code § 3204.13)

Except as otherwise provided, each parking permit issued by the police department shall be in accordance with policy established by the police department for which application is made, and such other information that may be deemed relevant by the police department.

(Ord. 2058 § 1 (part), 1991: prior code § 3204.15)

A. Parking permits for preferential parking districts shall be issued by the police department. Each such permit shall designate, state or reflect thereon the particular preferential parking district and the date on which the permit shall expire.

B. Resident, merchant and guest permits shall be issued as provided by policy established by the police department. Guest permit fees shall be as established by city council resolution.

(Ord. 2058 § 1 (part), 1991: prior code § 3204.11)

The fee for preferential parking permits shall be such as established from time to time by resolution of the city council. Upon the permittee's change of place of residence, or business, the permittee shall surrender the permit to the police chief. If the permit is lost or stolen, the police department shall be notified immediately. The replacement permit shall expire on the same day as the original permit. In the event a permittee moves from one preferential parking district to another preferential parking district, the police department shall transfer the permit. The permits so transferred or replaced shall expire on the same day as do all permits in the new district.

(Ord. 2058 § 1 (part), 1991: prior code § 3204.16)

Any resident or merchant eligible for a preferential parking permit in a preferential parking district may also apply to the police department for a visitor preferential parking permit for the use of guest visitors to said district. No more than three visitor preferential parking permits shall be issued for any one dwelling or business establishment at any one time. Visitor preferential parking permits shall be valid for a period not to exceed one year. Such permits may be extended upon application to the police department.

(Ord. 2058 § 1 (part), 1991: prior code § 3204.18)

No person shall, without a permit therefor, park or leave standing any commercial vehicle or trailer in a preferential parking district in excess of the parking restrictions authorized pursuant to this section, except while loading or unloading property or when such vehicle is parked in connection with, or in aid of, the performance of a service to or on a property in the block in which such vehicle is parked.

(Ord. 2058 § 1 (part), 1991: prior code § 3204.14)

The regulations imposed by this chapter shall not be effective unless and until signs are posted giving notice of such restricted parking. Any vehicle stopped, parked or standing in violation of this regulation imposed by the chief of police shall be enforced in the manner and subject to the requirements of Section 22850 et seq. of the California Vehicle Code.

(Ord. 2058 § 1 (part), 1991: prior code § 3204.17 (part))

A. Unless exempted pursuant to this chapter, no person shall stand or park a motor vehicle in violation of any parking restrictions established pursuant to this chapter. A violation of this section shall constitute an infraction, which shall be punishable by a fine as established by city council resolution.

B. No person shall falsely represent him/herself as eligible for a parking permit or furnish false information in an application for a parking permit to the police department.

C. No permit issued pursuant to this chapter shall thereafter be assigned, transferred or used for any consideration, monetary or otherwise.

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. The permit of any person who after a hearing has been found by the traffic and safety commission to have violated subsections B, C and D shall be revoked by the police department and no new permit shall be issued to that person for a period of one year. Such person, upon written notification of such revocation, shall surrender the permit to the police department within fifteen days. Failure to surrender a revoked parking permit shall be grounds for the police department to refuse to issue any preferential parking permits to such individual for any district within one calendar year from the date of violation.

(Ord. 2058 § 1 (part), 1991: prior code § 3204.17 (part))