Chapter 10.45 — PREFERENTIAL PARKING PRIVILEGES

This chapter sets forth procedures, pursuant to Vehicle Code Sections 22507 and 22507.2, for the establishment of permit parking areas within the city in order to alleviate, in certain areas and neighborhoods, motor vehicle congestion caused by long-term parking by nonresidents of those areas and neighborhoods. In order to protect health, safety and welfare of residents and merchants of areas and neighborhoods affected by long-term parking and to protect and promote the integrity of these areas and neighborhoods, it is necessary to establish these procedures. (Ord. 00-06 § 2 (part))

Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purpose of this chapter. "Chief of Police" means the person occupying the position of Chief of Police or his or her deputy. "Parking permit" means a decal, sticker, card or similar device to be prominently displayed on or in a vehicle and containing specific information required by a valid application, defined below, as applicable. "Permit parking area" means an area with streets and boundaries, designated by City Council resolution, within which vehicles displaying a valid permit are exempt from parking restrictions established pursuant to this chapter. "Valid application" means a parking permit application obtained from and filed with the Police Department with application fee, and which contains all information requested by the application, including: 1. Evidence of residency within the permit parking area; 2. Evidence of vehicle ownership with the vehicle registered to the same address as the resident. Appropriate evidence includes, but is not limited to, current vehicle registration, current driver license, recent utility bill, or photocopies of these items. (Ord. 04-05 § 2: Ord. 00-06 § 2 (part))

A. Initial Ten-Day Grace Period. Restrictions, requirements and prohibitions otherwise during the first ten calendar days after the day when notice signs have been erected, as shown in the Director's records. B.

Emergency Vehicles. Emergency vehicles (including but not limited to ambulances, fire engines, or police vehicles) are not restricted hereunder while controlled by a person providing service to a property in the permit parking area. C. Service Vehicles. Delivery, utility or service vehicles are not restricted hereunder while controlled by a person providing service to property in the permit parking area. The driver is responsible for identifying such vehicle as a commercial, utility or service vehicle. D. Disabled and Handicapped. Any vehicle identified as used by a disabled or handicapped person meeting the requirements of Section 22511.5 of the California Vehicle Code, is not restricted hereunder. (Ord. 00-06 § 2 (part))

A. General. Any area satisfying the objective criteria established in these procedures may be considered for designation as a permit parking area. Permit parking areas may be designated by City Council resolution in which motor vehicles displaying a valid permit may stand or be parked without limitation as to the parking time restrictions established by that resolution. The resolution shall also state the applicable time limitation(s) and the period(s) of the day(s) of the week for its application. B. Nonresident Parking Problem. An area shall be deemed eligible for consideration as a permit parking area if the data for surveys and studies prepared at the direction of the Director satisfy the objective criteria that the area is impacted by vehicles belonging to nonresidents for any extended period(s) of any day(s) or night(s), on weekdays weekends or holidays. C. Criteria. In determining whether an area identified as eligible for permit parking may be designated as a permit parking area, the following criteria shall be included in the review and consideration: 1. The extent of the desire and need of the residents for permit parking and their willingness to bear the associated costs; 2. The extent to which legal on-street parking spaces are occupied by motor vehicles during the period(s) proposed for parking restriction; 3.

The extent to which vehicles parking in the area during the period(s) proposed for parking restriction are vehicles belonging to nonresidents rather than residents; 4. The extent to which motor vehicles registered to resident in that area cannot be accommodated by the number of available off-street parking spaces; and 5. The location and number of spaces available as alternative parking locations for vehicles of nonresidents which are to be displaced in the proposed permit parking area. (Ord. 00-06 § 2 (part))

A. Petition. Upon receipt of a verified petition signed by at least half of the adult residents in the area proposed for designation, and who represent at least half of the residential units in that area, the Director shall undertake such surveys or studies as he or she deems necessary to determine whether the area is eligible for permit parking. B. Director Recommends. Based on the surveys and studies, the Director shall report to the City Council, in writing, his or her recommendation on: 1. Findings relative to the criteria deemed applicable to the area; 2. Conclusions as to whether the findings justify preferential parking for that particular area; 3. Proposed boundaries of the permit parking area; 4. Availability of alternate parking spaces or areas; and 5. Appropriate period(s) and day(s) of parking restriction and preference. D.

City Council Determines. The City Council may (with or without a public hearing) upon consideration of the public works report and recommendations, determine whether and what action should be taken pursuant to Section 10.35.040(A). E. Designation Removal. The designation process and criteria provided by this section shall also be utilized by the Director and the City Council in determining whether to remove the designation of an area as a permit parking area. (Ord. 00-06 § 2 (part))

A. General. The Chief of Police is responsible for the issuance of parking permits to residents in a permit parking area designated in accordance with Section 10.45.040 of this chapter. B. Number Limit. The Chief of Police shall not issue more than four resident permits to any one address for residents at that address, unless the Chief of Police finds more than four licensed drivers residing at one address with more than four vehicles registered to that address. In addition, the Chief of Police shall, upon request of the resident, issue a maximum of two guest passes for each address included in the preferential parking area which are valid for one calendar year. The Chief of Police may also issue not more than five one-day guest passes for one day and no more than five one-day guest passes in any calendar month per residence. Guest passes shall be for residential family and social purposes; the Chief of Police shall have the discretion to deny a request for guest passes where the Chief of Police has reason to believe the guest passes are for other purposes. C. Issuance. The Chief of Police shall either grant or deny a parking permit within ten working days from receiving a valid application. If the permit is granted, the Chief of Police shall issue it in accordance with this chapter and the permit is valid for the calendar year for which it is issued, unless a different period is established in the resolution creating the permit parking area. If the Chief of Police denies a permit, the written reasons for denial shall be provided to the applicant, in person or by mail, within the specified time period. D. Fee. The fees for residential and guest permits shall be those set by resolution of the City Council from time to time. E. Display. The permit shall be displayed as a placard on the dashboard or be otherwise visible from outside through the windshield or rear window of the vehicle, or as a decal affixed to the left rear bumper of the

vehicle for which it has been issued. F. Record. The Chief of Police shall maintain a record of the number of parking permits issued to each location, the names of permit holders, the license numbers of vehicles for which a permit has been issued, the preprinted number of the permit, and a notation of the documents checked to establish residence and vehicle ownership. G. Permit Revocation. The Chief of Police may revoke the parking permit(s) of any person known to the Chief of Police to no longer be eligible for a permit(s). The Chief of Police shall give written notice to the permit holder of the revocation, the reasons for the revocation, and that the permit shall be removed from the individual vehicle. The permit is void beginning on the seventh day after the notice is mailed or delivered, whichever is first. (Ord. 04-05 § 3: Ord. 00-06 § 2 (part))

Upon the designation of an area as a permit parking area, the Director shall have appropriate signs erected and maintained in the area. (Ord. 00-06 § 2 (part))

A. Parking. On a street within the permit parking area, no person shall stand or park a motor vehicle without a residential parking permit or a one-day guest permit that is current and properly displayed, except during times and days and for such periods of time, if any, when nonresidential parking is permitted as posted on signs placed by the city. (Ord. 04-05 § 4: Ord. 00-06 § 2 (part))

Any person who has been denied a permit(s) or had a permit(s) revoked by the Director may appeal that decision to the City Council as provided in Chapter 1.16 of this code, except that: 1. The period for filing the appeal is ten days after the Director's decision has been mailed or delivered to the appellant; and 2. The appeal shall be accompanied by a ten dollar fee.

(Ord. 00-06 § 2 (part))

Any person who violates any provision of this chapter or of any permit restriction issued pursuant to this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Section 10.04.060 of this code. The permittee(s) named in any permit issued pursuant to this chapter shall also be punishable as a misdemeanant for the conduct of any person employed in the provision of the valet parking service which violates any restriction of the permit if the permittee(s) aid or abet or conspire for the commission of those permit violations. (Ord. 00-06 § 2 (part))

When signs are posted restricting the parking or standing of vehicles in designated on-street parking spaces for valet parking only during designated time periods, no person shall stop, stand or park any vehicle in violation of those restrictions except for the purposes of immediate loading or unloading of passengers either for valet parking or for patronizing the business, activity or event for which valet parking is provided. Violation of this section shall be citable as a parking violation punishable by a parking penalty as provided in Chapter 10.60. Any vehicle stopped, standing, or parked in violation of this section shall be subject to removal under the authority of California Vehicle Code Section 22651 subdivision (m). (Ord. 00-06 § 2 (part))