7-29
RESIDENTIAL PERMIT PARKING DISTRICTS:
7-29.1 General Findings:
The city council finds, as a result of evidence generated by internal studies and other sources that the continued vitality of the city of Lynwood depends on the preservation of safe, healthy and attractive neighborhoods and other residential areas. The city council further finds that the establishment of permit parking districts in certain residential areas of the city will alleviate the motor vehicle congestion caused by long term parking by nonresidents of those areas and neighborhoods. In order to protect the health, safety and welfare of residents and business owners 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 the procedures set forth herein. (Ord. #1564, §1)
7-29.2 Purpose:
a. To create a voluntary program that will enable residents of the city to request the establishment of residential parking restrictions in the districts in which they live, which are in addition to, and are likely to be more restrictive than, the city’s standard parking regulations for such districts;
b. To provide for the issuance of a certain number of parking permits to residents and eligible business owners/employees in such designated residential parking districts, the display of which will serve to exempt their vehicles from the operation of certain parking restrictions;
c. To promote a cooperative effort among residents in dealing with a shortage of parking spaces on the streets where they reside by enabling them to formulate such parking restrictions as they determine to be appropriate for their own neighborhoods. (Ord. #1564, §1)
7-29.3 Definitions:
As used in this section:
Address means and includes any residential or business address.
Block means any street segment intersected by two (2) other streets.
Business means an enterprise or establishment used for the purpose of conducting business located in the residential permit parking district.
City manager shall mean the city manager of the city of Lynwood or his/her authorized designee.
Commission shall mean the traffic and parking commission of the city of Lynwood.
Nonresident vehicle means a motor vehicle not eligible to be issued a residential parking permit, pursuant to the terms and conditions of this section, for the specific district in which it is parked.
Permit holder means any person issued a parking permit pursuant to this section.
Residence means a legal residential address and shall exclude business addresses.
Resident means any person eighteen (18) years of age or older whose legal residential address is in the designated residential permit parking district.
Residential parking permit or parking permit or permit means any decal, sticker, or similar device validly issued pursuant to this section (including residential, business owner, business employee and visitor permits), which, when properly displayed upon a motor vehicle as described herein in the RPPD for which it is issued, shall permit the motor vehicle for which it is issued to park in that RPPD notwithstanding any parking prohibition in that area established by a resolution adopted pursuant to the provisions of this section.
Residential permit parking district (“RPPD”) or designated parking district means a district of certain street(s) or portions thereof upon which the city council by resolution imposes parking limitations pursuant to the authority granted by this section.
Section or this section means section 7-29 of this code.
Visitor means an individual who calls upon a resident in the designated residential permit parking district with specific intent to spend time in or about that resident’s residence for the purpose of social intercourse or to provide a service. (Ord. #1564, §1; Ord. #1725, §2; Ord. #1726, §2)
7-29.4 Permit Parking Exemption:
a. A motor vehicle on which is properly displayed a residential parking permit, as provided for herein, shall be permitted to stand or be parked in the designated parking district for which the permit has been issued without being limited by time restrictions established by a resolution adopted pursuant to this section. Any motor vehicle which does not display such permit shall be subject to the permit parking regulation and consequent penalties in effect for such district.
b. A residential parking permit shall not guarantee or reserve to the holder thereof an on street parking space within the designated parking district.
c. This section shall not be interpreted or applied in a manner which shall abridge or alter regulations established by authority other than this section.
d. This section shall not exempt the permit holder from other traffic controls and regulations existing in the designated parking district.
e. This section shall not allow the permit holder to stop, park or leave standing his or her vehicle for more than seventy two (72) hours in the designated parking district. (Ord. #1564, §1)
7-29.5 Exemption Of Certain Vehicles; Permit Display:
a. No person shall, without a properly displayed parking permit, park, stop or leave standing any motor vehicle in an RPPD in excess of the parking restrictions authorized pursuant to a resolution adopted under this section and posted therein, except for the following:
1. Otherwise lawfully parked repair, service, maintenance, refuse, utility, fuel, delivery or city vehicles parked for reasonable amounts of time while conducting business in the RPPD.
2. Police or sheriff’s vehicles and other public safety or emergency vehicles operated by or under the authority of a governmental entity while engaged in the performance of official duties.
3. Otherwise lawfully parked motor vehicles identified as used by disabled persons meeting the requirements of section 22511.5 of the California Vehicle Code and displaying the disabled plates or placards.
b. The city manager is authorized to establish rules and regulations, not inconsistent with this section, concerning the issuance and display of parking permits to permit holders. Parking permits (which may be decals or such other type of material as the city manager shall determine) shall be considered properly displayed if they are visibly affixed to the lower right hand corner of the windshield of the vehicle in question. Other locations may be permissible, in accordance with the rules and regulations to be established by the city manager. (Ord. #1564, §1)
7-29.6 Designation Of A Residential Permit Parking District:
a. An area shall be evaluated for a designation as an RPPD if, after meeting with city staff and being informed of the criteria used in determining eligibility, residents of the proposed permit parking district submit an application and petition which meet the following requirements, on such forms as the city parking enforcement division shall provide:
1. A description and/or a map showing the proposed residential permit parking district.
2. A petition containing the signature, printed name, date of signing, and address of residents of at least fifty percent (50%) plus one of the addresses within the proposed district.
3. An application providing the name and telephone number of a spokesperson/petition sponsor who shall represent the petitioners, and certifying that the petition spokesperson/sponsor used a reasonable means of inquiry to assure the validity of petition signatures.
b. A proposed RPPD area shall have its eligibility for designation as an RPPD determined on the basis of the criteria (“RPPD criteria”) listed below:
1. The proposed parking district includes at least two (2) adjacent block fronts;
2. A minimum of eighty percent (80%) of the block fronts must be residentially zoned;
3. Removal of all inoperable vehicles from the proposed parking district;
4. Inspection of all participating property garages within the proposed parking district to ensure the garage is being used for its intended use of parking;
5. Both sides of a street are included in each district, unless the city manager or the commission determines this to be impractical or undesirable;
6. A determination by the city manager or the commission that the size and boundaries of the identified area are such that designating it for permit parking would not result in shifting the parking problem to an adjacent area; and
7. Such criteria which the city manager or the commission deems necessary, which could include, but would not be limited to:
(a) The extent to which vehicles owned by residents of the area could be accommodated by off street parking spaces;
(b) The location and number of parking spaces available for nonresident vehicles that would be displaced in the proposed permit parking district.
c. Upon receipt by the city manager of an application and petition meeting the requirements specified in subsections 7-29.6a1 through 7-29.6a3, the city manager shall undertake or cause to be undertaken such surveys or studies deemed necessary to determine whether the RPPD criteria are satisfied.
d. After completion of the necessary surveys and studies determining whether the RPPD criteria have been satisfied, the city manager shall determine the eligibility of the proposed area for an RPPD. If an area is deemed eligible, a resolution establishing the area as an RPPD shall be drafted. The resolution shall specify the following:
1. The boundaries of the proposed RPPD;
2. The appropriate prohibition or restriction on parking for the proposed RPPD;
3. The times of day and days of the week during which the parking prohibitions/restriction apply;
4. The maximum number of business owner/employee permits to be issued per establishment in the proposed RPPD;
5. The limitations on issuance of one day and fourteen (14) day visitor permits for the proposed RPPD;
6. The effective dates for permits in the proposed RPPD;
7. The identification letter, number or name to be assigned to the proposed RPPD (e.g., “Lynwood RPPD no. 1”); and
8. Other rules and regulations determined by the city manager to be reasonable and necessary in such RPPD.
e. The city manager shall present the resolution and the results of his/her surveys and studies to the commission, which shall then schedule and conduct a public hearing regarding the area that has been deemed eligible as an RPPD by the city manager.
1. Notice of the public hearing shall be posted at least ten (10) days prior to the hearing on all block fronts proposed to be included in the residential permit parking district. Notice of the public hearing shall also be given at least ten (10) days prior to the hearing by publication in a newspaper of general circulation.
2. City staff, the city manager, the petition spokesperson/sponsor and any other interested parties shall be permitted to testify at the public hearing.
3. Following the hearing, the commission may accept, amend or reject the proposed RPPD in any manner, including, but not limited to, modification of boundaries of the proposed district and the restrictions imposed on such proposed RPPD.
f. If the area is still deemed eligible for an RPPD after the public hearing, the joint recommendation of the city manager and the commission, together with a proposed resolution, shall be submitted to the city council.
g. The city council may adopt, reject, or modify a resolution recommending the establishment of an RPPD. The city council must adopt the recommended or modified resolution in order to establish a residential permit parking district.
h. Once a resolution establishing an RPPD is adopted, parking permits in a number representing at least fifty percent (50%) of the addresses in a given block, or fifteen (15) permits, whichever is less, must be issued in each block within the RPPD before signs will be installed designating the RPPD. Permits obtained cannot be used until signs are installed in the RPPD. If the minimum number of permits is not obtained within sixty (60) days after the city council passes a resolution establishing the RPPD, the RPPD may be terminated by resolution of the city council. (Ord. #1564, §1; Ord. #1725, §3; Ord. #1726, §3)
7-29.7 Issuance Of Parking Permits:
a. Application: The parking enforcement division shall provide parking permit application forms and issue parking permits in accordance with requirements set forth in this subsection. Each such permit shall be designed to reflect by statements thereon or by color thereof, or both, the identification of the particular RPPD for which it is issued, and, except for visitor permits, the permit shall reflect 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 owned or leased for which application is made. Nonparticipating properties within an RPPD will not be granted any parking permits for use if district is established.
b. Term: All parking permits issued under this subsection shall be valid for a term of one year, commencing and ending on the dates specified in the resolution establishing the RPPD. Permits purchased within six (6) months of the expiration date of the RPPD shall be half price; however, no other proration schedule shall be permitted or maintained.
c. Residential Parking Permits: Residential parking permits shall be issued to residents residing within the RPPD pursuant to the fee schedule set forth in subsection 7-29.9.
1. Upon submittal of a completed application and payment of any applicable permit fee, the parking enforcement division shall issue one residential parking permit for each vehicle owned, leased, or under the continuing custody of any person who can demonstrate that he/she is currently a resident of the district for which the permit is to be issued.
(a) Proof of residency consists of, but is not limited to, a driver’s license, current rent receipt, property tax or utility bill, which identifies the applicant as a resident of a designated RPPD.
(b) Proof of vehicle ownership or continuing custody consists of, but is not limited to, a vehicle registration or certificate of vehicle lease agreement.
d. Business Owner And Business Employee Permits: Upon submittal of a complete application and payment of the applicable permit fee, the parking enforcement division may issue a permit to park in an RPPD for any vehicle owned, leased, or under the continuing custody of a person who owns or leases commercial property within the district and engages in business activity within the particular permit parking district.
1. The owner and/or employees of a business located in an RPPD will be allowed to obtain one permit for each motor vehicle they own, lease, or have under their continuing custody, up to a maximum of two (2) permits for vehicles not registered at the business address and/or up to three (3) permits for vehicles registered at the business address.
(a) Business owner and business employee applicants shall provide the following information: name, address, telephone number, vehicle registration and a business license, utility or property tax bill evidencing the location of the place of business and evidence of current employment at the business location for employees.
2. In no case shall more than three (3) parking permits be issued for each business establishment or motor vehicles registered to or under the control of the owner and/or employees of such an establishment. In areas where it appears that the number of permits sold would exceed the number of legal on street and/or off street parking spaces, the initial sale would be limited to two (2) or possibly one permit per business. The resolution establishing the RPPD shall specify the maximum number of business/employee permits to be issued per establishment in that district.
e. Renewal: Renewal of residential and business owner and business employee parking permits shall be subject to the same conditions imposed on new permits.
f. Replacement Permits: Upon receipt by the parking enforcement division of the applicable replacement fee and an affidavit signed by the permit holder stating that the permit being replaced has been lost or mutilated, a replacement permit may be issued. (Ord. #1564, §1; Ord. #1725, §4; Ord. #1726, §4)
7-29.8 Issuance Of Visitor Permits:
a. The parking enforcement division shall also issue visitor parking permits in accordance with this subsection. A visitor parking permit shall be of limited duration, but shall otherwise grant to the holder thereof all the rights and privileges of a regular residential parking permit. Visitor parking permits shall be of two (2) types:
1. One day visitor parking permits; and
2. Fourteen day visitor parking permits.
b. A visitor parking permit shall clearly display the date upon which it becomes effective, the license number of the motor vehicle for which it applies, the name of the resident, and shall designate the particular residential permit parking district for which it applies.
c. A one day visitor parking permit shall, during the date indicated upon the face of said permit, exempt the applicable vehicle from the posted parking time restrictions established by a resolution adopted pursuant to this section.
d. A fourteen (14) day visitor parking permit shall, for the period of fourteen (14) days commencing upon the date indicated upon the face of said permit, exempt the applicable vehicle from the posted parking time restrictions established by a resolution adopted pursuant to this section.
e. The city manager is authorized to establish rules and regulations, not inconsistent with this section, concerning the issuance and display of visitor parking permits.
f. Any person eligible to obtain a parking permit pursuant to subsection 7-29.7 of this section may apply for visitor parking permits; however, no more than five (5) 1-day visitor parking permits per address and no more than two (2) 14-day visitor parking permits per address shall be issued at any one time. The maximum number of visitor parking permits available for issue may vary from RPPD to RPPD and shall be fixed in the resolution creating the RPPD. (Ord. #1564, §1)
7-29.9 Permit Fees:
a. Fees for all types of parking permits created/issued under this section shall initially be as set forth below:
|
1. |
Residential parking permit initial issue |
$20.00 |
|
2. |
Annual renewal of residential parking permit |
10.00 |
|
3. |
Business owner annual parking permit |
50.00 |
|
4. |
Business employee annual parking permit |
25.00 |
|
5. |
Visitor parking permit (14 day) |
10.00 |
|
6. |
Visitor parking permit (1 day) |
1.00 |
|
7. |
Replacement of lost, stolen or mutilated permit |
5.00 |
b. Parking permit fees shall be reviewed annually by the city manager, and are subject to change annually by resolution of the city council. Such parking permit fees shall be published from time to time in the Lynwood fee schedule. (Ord. #1564, §1)
7-29.10 Signage:
Upon the adoption by the city council of a resolution designating an RPPD and subsequent to issuance of the required minimum number of permits, the city manager shall cause the director of public works to erect appropriate signs in the RPPD. Such signs shall indicate that the parking of vehicles that do not display a permit issued for such RPPD is prohibited and the hours and days during which the prohibitions apply. Such signs shall also indicate that violators may be towed. (Ord. #1564, §1)
7-29.11 Revocation Of Permits:
a. The parking enforcement division is authorized to revoke the residential parking permit of any person alleged to be in violation of any provisions of this section pursuant to the following procedure:
1. The parking enforcement division shall provide written notice of its intent to revoke the permit to the permit holder. Such written notice shall include a statement outlining the grounds for revoking the permit. Upon notification of such revocation, the permit holder shall, within fifteen (15) calendar days of the date of such notice, either surrender the permit to the parking enforcement division, or file a written request with the parking enforcement division requesting a hearing before the city manager.
2. The written request for a hearing must be received by the parking enforcement division within said fifteen (15) calendar day period to be considered timely, and such timely receipt of a request shall stay the revocation of the permit pending the final decision of the city manager following a hearing. Failure to request a hearing, or failure to appear at a scheduled hearing shall constitute a waiver of the permit holder’s opportunity to challenge the revocation and shall be deemed an admission by the permit holder of the grounds for revocation stated in the written notice.
3. Unless continued by mutual agreement, a hearing shall be held by the city manager, not less than ten (10) calendar days after the date of the notice of hearing is mailed, by first class mail, postage prepaid, to the permit holder. At the hearing before the city manager, any person may present evidence or argument as to whether the permit should be revoked.
4. No decision shall be invalidated because of the admission into the record and the use of any proof of any fact in dispute of any evidence not admissible under the common law or statutory rules of evidence.
5. Within five (5) business days after the close of the hearing, the city manager shall enter his or her decision based upon the record presented and notify the permit holder in writing of such decision. The decision of the city manager shall be final.
6. If the decision to revoke the permit is sustained, the permit holder shall surrender the permit to the parking enforcement division. Failure to surrender a permit so revoked shall constitute a violation of this section.
7. Revoked permits not timely surrendered shall immediately become null and void and of no force or effect. Use of a revoked permit shall constitute a violation of this section. There will be no refunds for revoked permits.
8. No permit holder who has had a permit revoked may reapply for another permit for a period of one year following the date of revocation, and until such person has made the required application therefor and has paid the fee required for a renewal permit. (Ord. #1564, §1)
7-29.12 Violations; Penalties:
a. Unless exempted by other provisions of this section, no person shall stand or park a motor vehicle, without a parking permit properly displayed, at a curb within a residential parking district established by a resolution adopted pursuant to this section for a period of time exceeding the posted restricted parking time limitation.
1. Motor vehicles in violation of this subsection 7-29.12a shall be subject to citation and a fine of thirty five dollars ($35.00). In addition, motor vehicles may be towed and impounded, provided signs giving notice of removal have been posted pursuant to California Vehicle Code section 22651(n).
2. Upon the effective date hereof, the fine for a violation of this subsection 7-29.12a shall be added to the Lynwood civil penalty schedule. Thereafter, the fine shall be subject to change from time to time by resolution of the city council amending the Lynwood civil penalty schedule.
b. The following acts shall constitute misdemeanors punishable by a fine not to exceed five hundred dollars ($500.00) and revocation of any permit currently held:
1. For any person to falsely represent himself or herself as eligible for a residential parking permit or to furnish false information in an application therefor;
2. For any person holding a valid residential parking permit issued pursuant hereto to permit use or display of or to use or display such permit on a motor vehicle other than that for which the permit was issued;
3. For any person to copy, reproduce or otherwise bring into existence a facsimile or counterfeit parking permit or permits without written authorization from the city manager;
4. For any person to knowingly use or display a facsimile or counterfeit parking permit in order to evade time limitations on parking applicable in a residential parking permit area;
5. For any person holding a valid parking permit issued pursuant hereto to sell, give or exchange said permit to any other person;
6. For any person to knowingly commit any act which is prohibited by the terms of this section or any resolution enacted under the authority granted by this section. (Ord. #1564, §1)
7-29.13 Modification And Termination Of A District:
a. The city manager may, at any time after the adoption of a resolution establishing an RPPD, conduct surveys and studies to evaluate the RPPD’s continuing eligibility for permit parking based on RPPD criteria specified in subsections 7-29.6b1 through b7 of this section, and recommend the modification or termination of an RPPD to the commission.
b. At any time after the adoption of a resolution establishing an RPPD, the residents thereof may request the termination or modification of the RPPD, by submitting to the city manager a petition signed by at least sixty seven percent (67%) of the residents of the RPPD. After verifying the sufficiency of the signatures of such petition, the city manager shall submit such petition to the commission for review.
1. Upon receipt of a recommendation by the city manager or a petition signed by at least sixty seven percent (67%) of the residents of a designated RPPD, the commission may recommend to the city council that an area’s designation as an RPPD be modified or terminated.
2. Prior to making its recommendation to the city council, the commission shall conduct a public hearing on the proposed modification or termination of the RPPD. Notice of the hearing shall be posted at least ten (10) days prior to the hearing on all block fronts located in the RPPD for which the modification or termination is proposed. Notice of the public hearing shall also be given at least ten (10) days prior to the hearing by publication in a newspaper of general circulation.
3. Following such public hearing and upon receipt of the joint recommendation of the city manager and the commission, and giving due consideration to the RPPD criteria and/or the request and needs of the RPPD residents, the city council may, by appropriate resolution, terminate or modify an RPPD in any manner not inconsistent with this section. (Ord. #1564, §1)