Visalia Municipal Code Ch. 10.18 Residential Permit Parking Program

This chapter is enacted in response to the serious adverse effects caused certain residential areas and neighborhoods of the city of Visalia by motor vehicle congestion, particularly the long-term parking of motor vehicles on the streets of such areas and neighborhoods by nonresidents thereof. As set forth in more specific detail in Section 10.18.020 of this chapter, such long-term parking by nonresidents threatens the health, safety and welfare of the residents of the city of Visalia. In order to protect and promote the integrity of these areas and neighborhoods, it is necessary to enact parking regulations restricting unlimited parking by nonresidents therein, while providing the opportunity for residents to park near their homes. Uniform parking regulations restricting resident and nonresidents alike would not serve the public interest. Rather, such regulation would contribute to neighborhood decline while ignoring the public transit alternatives to automobile travel available to nonresidents. For the reasons set forth in this chapter, a system of preferential resident parking is enacted for the city of Visalia. (Ord. 9901 § 1 (Exh. A (part), 1999)

The city council makes the following specific legislative findings in support of preferential resident parking as illustrations of the need compelling the enactment of this chapter. They are intended as illustrations only and do not exhaust the subject of the factual basis supporting its adoption.

A. The safety, health and welfare of the residents of Visalia can be greatly enhanced by maintenance of the attractiveness and livability of its residential neighborhoods and other residential areas, and by preserving the character of such areas and neighborhoods as residential.

B. Certain neighborhoods and areas of Visalia do not have sufficient on- or off-street space to accommodate the convenient parking of motor vehicles by residents thereof in the vicinity of their homes because of the influxes of motor vehicles owned by nonresidents which compete for the available on-street parking spaces. This causes an unreasonable burden in residential neighborhoods in obtaining parking near their residences and in gaining access to their homes.

C. There further exist certain parking “attractors” such as commercial and institutional uses which further exacerbate resident parking problems. These entities have attracted progressively more people every year so that the parking problem in some areas exists seven days a week.

D. Unnecessary vehicle miles, noise, pollution, trash and strain on interpersonal relationships caused by the conditions set forth herein work unacceptable hardships on residents of these neighborhoods and other residential areas by causing the deterioration of air quality, safety, tranquillity and other values available in an urban residential environment.

E. If allowed to continue unchecked, these adverse effects on the residents of the city will contribute to a further decline of the living conditions therein, a reduction in the attractiveness of residing within this city and especially these affected neighborhoods, and are consequently injurious to the general public welfare.

F. A system of preferential resident parking as enacted in this chapter will serve to promote the safety, health and welfare of all the residents of the city by reducing unnecessary personal motor vehicle travel, noise and pollution and by promoting improvements in air quality, the convenience and attractiveness of urban residential living, and the increased use of public mass transit facilities available now and in the future. The public welfare will also be served by ensuring a more stable and valuable property tax base in order to generate the revenues necessary to provide essential public services. (Ord. 9901 § 1 (Exh. A (part), 1999)

As used in this chapter, the following terms are defined in this section:

“Commuter vehicle” means a motor vehicle parked in a residential area in which it is not registered with the state of California Department of Motor Vehicles to a person residing in said area, except as otherwise provided in Section 10.18.110(B).

“Motor vehicle” means an automobile, truck, motorcycle or other self-propelled form of transportation not in excess of six thousand (6,000) pounds of gross weight, and shall not include a trailer, coach, or a utility trailer, or any other type of vehicle as defined in the California Vehicle Code, whether separate from or attached to a motor vehicle.

“Public works director” means the public works director of the city of Visalia or his or her designee.

“Resident vehicle” means a motor vehicle parked in a residential area in which it is registered with the State of California Department of Motor Vehicles to a person residing in said area as allowed in Section 10.18.110(b).

“Residential area” means a contiguous or nearly contiguous area containing public streets and highways or parts thereof where residents dwell within an area zoned residential by the city's zoning ordinance.

“Residential permit parking area” means a residential area designated as herein provided wherein resident motor vehicles displaying a valid permit as described herein shall be exempt from parking time restrictions established pursuant to this chapter. (Ord. 9901 § 1 (Exh. A (part), 1999)

The city council shall, upon appropriate staff recommendations, consider for designation as residential permit parking areas those residential areas meeting and satisfying the objective criteria established in this chapter. The council may in its discretion then designate by resolution certain residential areas as residential permit parking areas in which resident vehicles displaying a valid parking permit may stand or be parked without limitation by parking time restrictions established by this chapter. (Ord. 9901 § 1 (Exh. A (part), 1999)

A. A residential area shall be deemed eligible for consideration as a preferential permit parking area if, based on surveys and studies prepared under the direction of the public works director, objective criteria establishes that the area is impacted by commuter vehicles for any extended period during the day or night, on weekends, or during holidays.

The area eligible for consideration as a preferential parking area includes streets which, in the judgment of the public works director or city council, are not presently impacted by commuter vehicles but would be so impacted upon adoption of preferential parking restrictions for an adjacent area.

B. In determining whether an area identified as eligible for preferential permit parking may so be designated, the public works director and the city council shall take into account factors which include, but are not limited to, the following:

1. The extent of the desire and need of the residents for preferential permit parking;

2. The extent to which legal on-street parking spaces are or will be occupied by motor vehicles in the neighborhoods affected and during the period proposed for parking regulations;

3. The extent to which vehicles parking in the area during the period proposed for parking regulations are or will be nonresident or commuter vehicles rather than resident vehicles;

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

5. The extent to which service and maintenance vehicles and equipment cannot move freely while the operators are under the employ of the resident. (Ord. 9901 § 1 (Exh. A (part), 1999)

A. Upon receipt of a verified petition by residents living in fifty percent (50%) of the living units in the area proposed for designation, the public works director shall undertake or cause to be undertaken such surveys or studies as are deemed necessary to determine whether a residential area satisfies the designation criteria for a residential permit parking area. Such surveys or studies shall be completed within ninety (90) days of receipt of such verified petition, unless otherwise provided by the council.

B. Within thirty (30) days of the completion of the surveys and studies to determine whether designation criteria are satisfied, the public works director shall prepare and file with the city clerk a written report to the council recommending whether to designate the residential area under consideration as a residential permit parking area. Such report shall set forth the evidence generated as a result of surveys and studies performed, the findings relative to those designation criteria listed in Section 10.18.050 deemed applicable to the residential area, and conclusion as to whether the findings justify preferential residential parking for that particular area and, if so, the proposed boundaries of the residential permit parking area, a proposed time limitation, period of the day, and days for its application.

C. Upon filing such report, the matter shall be set for public hearing before the council for the purpose of determining whether a residential permit parking area should be established in the area in question and, if so, for determining the boundaries of such residential permit parking area, the time limitation on parking therein, the period of the day and days for its application. Notice of the public hearing or hearings provided herein shall be published in a newspaper of general circulation in the city at least ten days before the hearing date and posted generally in the neighborhood. The notice shall clearly state the purpose of the hearing, the location and boundaries tentatively considered for the proposed residential permit parking area, the proposed time limitation, period of the day and days for its application, and that a copy of the public works director report is available for examination in the office of the city clerk.

D. The requirements for a verified petition as specified in subsection (A) of this section shall be deemed minimum alternatives. If at the conclusion of the public hearing conducted pursuant to this section the council finds 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, the council may by resolution provide for additional requirements as conditions to the approval and adoption of the designation. Such conditions may include but are not limited to requiring the purchase of permits by residents of at least fifty percent (50%) but no more than seventy-five percent (75%) of the number of dwelling units on each block face of such area before implementation of the designation or continuance thereof in any subsequent year. Such other conditions as the council determines necessary and in the public interest may also be imposed as additional conditions of approval and continued implementation of the designation. (Ord. 9901 § 1 (Exh. A (part), 1999)

The city council shall conduct a public hearing on the date established pursuant to Section 10.18.060 of this chapter to consider whether a residential area should be designated as a residential permit parking area. Following such hearing, the council shall adopt, modify, or reject the recommendation of the public works director. In the alternative, the council may refer the proposed designation to the public works director for further consideration or study. Adoption of the designation shall be by resolution. Such resolution shall state the boundaries of such residential permit parking area, the applicable time limitation, period of day or days for its application, and such other conditions as may have been imposed by the council pursuant to Section 10.18.060 of this chapter. (Ord. 9901 § 1 (Exh. A (part), 1999)

Any amendment, additions, or deletions to a residential permit parking area shall be initiated, considered and approved or disapproved according to the procedures set forth in Sections 10.18.050 through 10.18.070 of this chapter, except any such amendment, additions, or deletions may be initiated by the city council upon its own initiative. (Ord. 9901 § 1 (Exh. A (part), 1999)

Upon the adoption by the city council of a resolution designating a residential permit parking area, the public works director shall cause appropriate signs to be erected in the area, indicating prominently thereon the requirement of a permit to park in that area. (Ord. 9901 § 1 (Exh. A (part), 1999)

The fee for a residential parking permit shall be as designated in the master fee resolution, which fee may differ from residential permit parking area to residential permit parking area. In no event shall such fee exceed the cost of administering the residential permit parking program. (Ord. 9901 § 1 (Exh. A (part), 1999)

A. Parking permits shall be issued by the public works director. Each such permit shall be designed by the director to state or reflect thereon the particular residential permit parking area as well as the license number of the motor vehicle for which it is issued. No more than one parking permit shall be issued to each motor vehicle for which application is made. Parking permits shall not be issued for vehicles for which any notice of violation of parking rules and restrictions is outstanding and unpaid. The public works director shall issue such rules and regulations, not inconsistent with this chapter, governing the manner in which persons shall qualify for parking permits.

B. Parking permits may be issued for motor vehicles only upon application by the following persons:

1. A legal resident of the residential permit parking area who has a motor vehicle which is both registered in his or her name, and registered at his or her address within that residential permit parking area, or a legal resident of the residential permit parking area who has a motor vehicle for his or her exclusive use and under his or her control where such motor vehicle is registered to his or her employer and he or she presents a valid employee identification card or other proof of employment that is acceptable to the public works director;

2. A legal resident of the residential permit parking area who has a motor vehicle registered to a vehicle-leasing company and leased to the resident's employer, providing such vehicle for the resident's exclusive use and provided proof of the lease agreement which is acceptable to the public works director and shows that the vehicle is registered in compliance with the California Vehicle Code;

3. A legal resident of the residential permit parking area for display upon a rented motor vehicle, provided that no such permit shall be valid for more than fourteen (14) days from the date of issuance or renewal thereof;

4. A legal resident of a residential permit parking area for use by bona fide transient visitors therein. Such a “long-term” visitor permit shall have all the rights and privileges of a regular permit. A “long-term” visitor permit shall be valid for no more than fourteen (14) days from the date of issuance. No resident of a residential permit parking area shall be issued more than one “long-term” visitor permit at any one time;

5. The public works director may issue a temporary permit valid for a minimum of fourteen (14) days and maximum of four weeks, on a one-time basis, for a legal resident of the residential permit parking area upon presentation of satisfactory proof of such new residency.

C. In succeeding years, a resident parking permit may be obtained by mail, but an initial permit requires the resident or an authorized representative to appear in person at Visalia City Hall with the following two items of documentation:

1. A valid California automobile registration showing the applicant's (resident's) car registered and principally garaged in the applicant's (resident's) name at the current Visalia address;

2. Proof of residency bearing the applicant's (resident's) name and Visalia address. The proof of residency must be current, postmarked within the past thirty (30) days. Examples of proof of residency include:

a. Gas, electric or telephone bill,

b. Cable television bill,

c. Monthly bank statement (excluding mortgage),

d. Credit card bill.

D. With each parking permit, three visitors permits (short term permits) shall be issued, each bearing the street address of the residence, the date of issue and the same identification number as the parking permit. These permits are designed to be placed on the dashboard of a visiting vehicle in such a manner as to be clearly visible.

1. It is unlawful and a violation of this chapter for a resident to lend, rent, sell or give away a visitors permit or to allow the use of a visitors permit for any purpose other than a personal visitation by the visitor. However, a resident may lend a visitors permit to another resident for use by that resident should there be a personal visitation by more than three visitors, thereby exceeding the three visitors permits issued pursuant to subsection (D) of this section. Upon conviction, a person shall be punished by revocation of his or her own residential parking permit and all visitors permits. Any motor vehicle displaying such a revoked permit will be considered to be in violation of this chapter and the violation shall be deemed an infraction.

2. A resident may request not more than twenty (20) additional visitors permits from the public works director. Such additional visitors permits shall be valid for only one day which shall be clearly marked on the permit. (Ord. 9901 § 1 (Exh. A (part), 1999)

The public works director is authorized upon application to issue additional parking permits to residents of a residential permit parking area for use of persons who, on a regular basis, provide health care or other related services essential to the well-being of the resident applicant, upon the certification under penalty of perjury by a licensed physician that such services are required. No resident of a residential permit parking area shall be authorized to possess more than three such additional parking permits at any one time. (Ord. 9901 § 1 (Exh. A (part), 1999)

A. Notwithstanding any other provisions of this chapter, the public works director shall not issue any residential parking area permit pursuant to this chapter to any vehicle not registered with the state of California Department of Motor Vehicles.

B. Notwithstanding the provisions of subsection (A) of this section, the public works director is authorized upon application to issue parking permits to residents of a residential permit parking area for motor vehicles registered out-of-state, provided that the resident establishes that he or she is on active military duty.

C. Notwithstanding the provisions of subsection (A) of this section, residents who have recently moved to a residential permit parking neighborhood from out of state, and own a vehicle that is not registered with the state of California Department of Motor Vehicles, may be issued a temporary permit valid for a minimum of fourteen (14) days and a maximum of four weeks, in order to allow time for the registration of the vehicle with the California Department of Motor Vehicles. This temporary permit may be renewed one time, and at the discretion of the public works director, but only upon presentation to the director of written documentation from the California Department of Motor Vehicles of a legitimate reason for such a delay. (Ord. 9901 § 1 (Exh. A (part), 1999)

Permits shall be displayed in the lower left-hand corner of the vehicle's front windshield; provided, that the public works director may change the required location annually, with appropriate written notice to all permit holders. (Ord. 9901 § 1 (Exh. A (part), 1999)

A. A resident motor vehicle on which is displayed a valid parking permit as provided herein shall be permitted to stand or be parked in the residential permit parking area for which the permit has been issued without being limited by time restrictions established pursuant to this chapter. Said resident motor vehicle shall not be exempt from parking restrictions or prohibitions established pursuant to authority other than this chapter. All other motor vehicles parked within a residential permit parking area shall be subject to the time restrictions adopted as provided in this chapter as well as the penalties provided for herein. A residential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated residential permit parking area.

B. Motor vehicles used in providing a service to a resident; e.g., janitorial or cleaning service, lawn care, carpentry, painting, construction, etc., wherein the service is obviously being provided at the residence at the time the motor vehicle is parked at the residence in question, shall not be subject to the time restrictions established pursuant to this chapter when parked within a residential permit parking area. (Ord. 9901 § 1 (Exh. A (part), 1999)

Each parking permit issued by the public works director shall be valid for two years from the date established by the public works director. Permits may be renewed biennially upon reapplication in the manner required by the public works director; provided, however, that parking permits shall not be renewed for which any notice of violation of parking rules and restrictions is outstanding and unpaid. Each application or reapplication for a parking permit shall contain information sufficient to identify the applicant, his or her residence address or address of real property owned or leased within a residential permit parking area, and the license number of the motor vehicle for which application is made, and such other information as may be deemed relevant by the public works director.

Each parking permit issued hereunder is valid only as long as the permittee continues to own the vehicle and/or live in the residence designated in the permit. (Ord. 9901 § 1 (Exh. A (part), 1999)

A. It is unlawful and a violation of this chapter, unless expressly provided to the contrary herein, for any person to stand or park a motor vehicle or other vehicle of a gross weight exceeding twenty (20) pounds for a period exceeding the time limitation established pursuant hereto. The first violation of this subsection is an infraction. All subsequent violations of this section are misdemeanors; however, the city attorney, with the approval of the court, can reduce the charge to an infraction.

B. It is unlawful and a violation of this chapter for a person to falsely represent himself or herself as eligible for a parking permit or to furnish false information in an application therefor to the public works director. The first violation of this subsection is an infraction. All subsequent violations of this subsection are misdemeanors; however, the city attorney, with the approval of the court, can reduce the charge to an infraction.

C. It is unlawful and a violation of this chapter for a person holding a valid parking permit issued pursuant hereto to permit the use or display of such permit on a motor vehicle other than that for which the permit is issued, or upon any other type of vehicle. Such conduct shall constitute an unlawful act and violation of this chapter both by the person holding the valid parking permit and the person who so uses or displays the permit on a motor vehicle other than that for which it is issued. The first violation of this subsection is an infraction. All subsequent violations of this subsection are misdemeanors; however, the city attorney, with the approval of the court, can reduce the charge to an infraction.

D. It is unlawful and a violation of this chapter for a person to copy, produce or otherwise create a facsimile or counterfeit parking permit or permits without written authorization from the public works director. It is further unlawful and a violation of this chapter for a person to knowingly use or display a facsimile or counterfeit parking permit in order to evade time limitations on parking applicable in a residential permit parking area. The first violation of this subsection is an infraction. All subsequent violations of this subsection are misdemeanors; however, the city attorney, with the approval of the court, can reduce the charge to an infraction. (Ord. 9901 § 1 (Exh. A (part), 1999)

The public works director is authorized to revoke the residential parking permit of any person found to be in violation of this chapter and, upon written notification thereof, the person shall surrender such permit to the public works director. Failure, when so requested, to surrender a residential parking permit so revoked shall constitute a violation of law and of this chapter.

Notwithstanding any other provision of this chapter, the chief of police or the public works director is authorized to remove from a motor vehicle any parking permit, the use of which is deemed to be unlawful herein. (Ord. 9901 § 1 (Exh. A (part), 1999)

The provisions of this chapter are severable and if any provision, clause, sentence, subsection, section, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, sections, words or parts of the chapter or their application to other persons or circumstances. It is declared to be the legislative intent that this chapter would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, section, word or part had not been included therein, or if such person or circumstance to which the chapter or part thereof is held inapplicable had been specifically exempted therefrom. (Ord. 9901 § 1 (Exh. A (part), 1999)