Chapter 10.12 — RESIDENTIAL PREFERENTIAL PARKING

The following words and phrases shall have the meanings set forth, and if any word or phrase used in this chapter is not defined in this section, it shall have the meanings set forth in the California Vehicle Code; provided that, if any such word or phrase is not defined in the Vehicle Code, it shall have the meaning attributed to it in ordinary usage:

"Commuter" means a vehicle operated by persons whose destinations are to nonresidential areas.

"Permit Guidelines" are the adopted residential preferential permit parking program guidelines, which may be amended from time to time, as set forth by Council resolution.

"Resident" means a person who lives in a dwelling unit located in a residential parking permit zone.

"Residential parking permit zone" means a street block or group of street blocks where vehicles assigned a valid permit shall be exempt from certain daytime and nighttime parking restrictions.

"Visitor" means a person visiting residents living in a residential parking permit zone. (Ord. 22-1730 § 1)

The City Council may designate, by resolution, certain residential streets or any portion as preferential parking zones for the benefit of residents adjacent to such residential streets, in which zone vehicles assigned a permit may be exempt from parking prohibitions or restrictions otherwise posted, marked or noticed. Each preferential parking zone shall be designated only upon findings that such zone is required to enhance or protect the quality of life in the area of the proposed zone threatened by noise, traffic hazards, environmental pollution or devaluation of real property resulting from commuter vehicular traffic, that such zone is necessary to provide reasonably available and convenient parking for the benefit of the adjacent residents, and that the proposed zone is desirable to encourage the use of car pooling and mass transit.

No resolution designating a preferential parking zone shall be enforceable until signs or markings giving adequate notice have been placed. (Prior code § 10-8.1; Ord. 21-1722 § 2; Ord. 22-1730 § 1)

The findings set forth in Section 10.12.010 shall be based upon the following criteria, established to the satisfaction of the City Council:

• A. Commuter vehicles substantially and regularly interfere with the use of the majority of available public street parking spaces by adjacent residents;

• B. The interference by commuter vehicles referred to in subsection A of this section occurs at regular and significant daily or weekly intervals;

• C. Commuter vehicles being driven or parked in the area of the proposed zone cause or are the source of unreasonable noise, traffic hazards, environmental pollution or devaluation of real property in the area of the proposed zone;

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City of Norwalk, CA

VEHICLES AND TRAFFIC

§ 10.12.020

§ 10.12.040

• D. The majority of the residents adjacent to the proposed zone desire, agree to or request preferential parking privileges;

• E. A shortage of reasonably available and convenient residential-related parking spaces exists in the area of the proposed zone; and

• F. No alternative solution is feasible or practical. (Prior code § 10-8.2; Ord. 21-1722 § 2; Ord. 22-1730 § 1)

• A. Upon receipt and verification of a petition supplied by the City Engineer, signed by residents of two-thirds of the dwelling units of the area proposed for designation, the Public Safety Commission shall determine whether an area should be designated as a preferential parking zone.

• B. If the Public Safety Commission determines that a proposed area should be so designated, it shall so recommend to the City Council.

• C. Upon such a recommendation of the Public Safety Commission, the City Council shall conduct a public hearing, for the purpose of determining whether a proper basis exists for making the findings required by Section 10.12.010. Notice of such public hearing shall be given at least 10 days prior to the hearing, by publication in a newspaper of general circulation and by mailing to the property owners as shown on the last equalized assessment roll, and to the occupants, of each parcel in the area proposed for designation as a preferential parking zone.

(Prior code § 10-8.3; Ord. 21-1722 § 2; Ord. 22-1730 § 1)

• A. Residential Permits. The City Engineer shall assign residential permits for preferential parking to qualified applicants who have completed an application. Applicants for such permits shall present such proof as may be required by the City Engineer of residence within the area designated as a preferential parking zone. The maximum number of residential permits shall be established in the permit guidelines. The Finance Department shall collect a fee for each permit issued.

• B. Duration of Residential Permit. Residential permits assigned pursuant to this section shall be valid for a period not to exceed one year.

• C. Visitor Permit. Visitor permits may be assigned according to the permit guidelines. Any resident eligible for a preferential parking permit may also apply to the City Engineer for visitor preferential parking permits for the use of visitors to the home of the applicant. The Finance Department shall collect a refundable fee for each permit issued. The maximum number of visitor preferential parking permits shall be established in the permit guidelines. Visitor preferential parking permits shall be valid for a period not to exceed one year.

• D. Proof of Permit. A vehicle that has been assigned a preferential parking permit or visitor permit shall display the vehicle's license plate pursuant to the applicable provisions of the California Vehicle Code, and if applicable any required proof of permit as directed by the City.

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City of Norwalk, CA

NORWALK CODE

§ 10.12.040

§ 10.12.060

• E. Conditions of Permit. Each permit shall be subject to all conditions and restrictions set forth in this section, established in the permit guidelines, and of the preferential parking zone for which it is issued. The issuance of such a permit shall not be construed to be a permit for, or approval of, any violation of any provision of this Code or any other laws or regulations.

• F. Fees. Such fees as may be required in this section shall be set from time to time by resolution of the City Council.

(Prior code § 10-8.4; Ord. 21-1722 § 2; Ord. 22-1730 § 1)

• A. No vehicle shall be parked or stopped adjacent to any curb in a preferential parking zone in violation of any posted or noticed prohibition or restriction unless such vehicle has been assigned a valid preferential parking permit or visitor permit in accordance with the permit guidelines except that the following vehicles shall be exempted from this prohibition:

  1. An emergency service vehicle, when used in the course of official government business;

  2. A motor vehicle identified, in a manner prescribed by the City Engineer, 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 zone;

  3. A motor vehicle identified, in a manner prescribed by the City Engineer, as owned by or operated under contract to a governmental agency, when used in the course of official government business;

  4. A commercial vehicle or trailer engaged in active loading or unloading property, or parked in connection with or in aid of the performance of a service to or on a property located in the block in which such vehicle is parked.

• B. It is unlawful for any person to sell, rent or lease, or cause to be sold, rented or leased, for any value or consideration, any preferential parking permit. Upon conviction of a violation of this section, all preferential parking permits issued to, or for the benefit of, the dwelling unit to which the sold, rented or leased permit is authorized shall be void.

• C. It is unlawful for any person to buy or otherwise acquire for value or use any preferential parking permit, except as provided for in this chapter.

• D. The City may confiscate all residential and visitor preferential parking permits and revoke permit privileges for a minimum of one year for any person in violation of this section.

• E. As authorized by Section 22651(n) of the California Vehicle Code, the City may cause to be removed any vehicle parked in violation of this section, and the registered owner thereof shall be responsible for paying the impoundment and storage fees established pursuant to Chapter 10.16 of Title 10 of the Norwalk Municipal Code. The City shall not cause a vehicle to be removed unless signs have been posted giving notice of the removal.

(Prior code § 10-8.5; amended during 2008 republication; Ord. 10-1629 § 1; Ord. 21-1722 § 2; Ord. 22-1730 § 1)

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City of Norwalk, CA

VEHICLES AND TRAFFIC

§ 10.12.060

§ 10.12.060

• A. Upon receipt and verification of a petition supplied by the City Engineer, signed by residents living in two-thirds of the dwelling units of an area designated as a preferential parking zone, or upon a motion by one of its members, the Public Safety Commission may recommend to the City Council that any preferential parking zone be terminated.

• B. Upon such a recommendation by the Public Safety Commission, the City Council shall conduct a public hearing, for the purpose of determining whether a proper basis exists for terminating such preferential parking zone. Notice of such public hearing shall be given at least 10 days prior to the hearing, by publication in a newspaper of general circulation and by mailing to the property owners as shown on the last equalized assessment roll, and to the occupants, of each parcel within the preferential parking zone.

• C. Such a determination shall be based upon a finding that the conditions set forth in Section 10.12.010 no longer exist or have diminished in degree to such an extent as to make unnecessary the continuation of the zone.

(Prior code § 10-8.6; Ord. 21-1722 § 2; Ord. 22-1730 § 1)

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City of Norwalk, CA

VEHICLES AND TRAFFIC

§ 10.16.010

§ 10.16.020