Chapter 10.55
RESIDENTIAL PERMIT PARKING
Sections:
10.55.020 Preferential resident parking areas.
10.55.030 Parking restrictions.
10.55.050 Enforcement and penalties.
10.55.010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Block” means the property abutting both sides of a street and lying between the two nearest intersecting streets (crossing or terminating); or between the nearest such street and railroad right-of-way, unsubdivided acreage, lake, river or live stream; or between any of the foregoing and any other physical barrier to the continuity of development, or corporate boundary line of the municipality.
“Motor vehicle” means an automobile, truck, motorcycle, scooter, or other motor-driven or self-propelled form of transportation intended primarily for use and operation on the highways, but not including motor vehicles longer than 20 feet.
“Parking permit” means a permit issued by the City which is affixed to or displayed by a motor vehicle qualifying under these regulations.
“Preferential resident parking area” is the block or blocks designated pursuant to this chapter for restricted parking for certain periods except by residential neighborhood permit.
“Residence” means any lot containing no uses other than those in Use Groups 1 through 3 as set forth in EMC Title 18. [Ord. G-2017-39 § 1, passed 1-10-18.]
10.55.020 Preferential resident parking areas.
(A) Preferential resident parking areas are blocks which meet the following criteria:
(1) The block or some part thereof shall fall within the areas generally bounded by St. Joseph Avenue on the west, Ninth Avenue on the east, West Virginia Street on the north, and West Indiana Street on the south;
(2) A written petition signed by no less than 51 percent of the property owners of the block shall be submitted to the Traffic Engineering Department requesting that the block be designated as a preferential resident parking area; and
(3) The block cannot be part of the State highway system.
(B) If all of the above criteria are met, the Traffic Engineering Department shall designate the block as a preferential resident parking area.
(C) Signs that conform to the requirements of the law shall be erected in a block designated by the Traffic Engineering Department as a preferential resident parking area. The signs shall give notice that parking is restricted to two hours unless there is a valid parking permit properly displayed on the vehicle.
(D) The Traffic Engineering Department may remove the designation of a block as a preferential resident parking area if any one of the following conditions occurs:
(1) A written petition signed by at least 50 percent of the property owners of the block is submitted to the Traffic Engineer requesting that designation of the block as a restricted parking area be removed; or
(2) The block becomes part of the State highway system. [Ord. G-2017-39 § 1, passed 1-10-18.]
10.55.030 Parking restrictions.
(A) In a block which has been designated as a preferential resident parking area and in which have been erected signs that conform to the requirements of law, on-street parking of motor vehicles for a period of more than two hours shall be prohibited unless there is properly displayed in the motor vehicle a valid parking permit.
(B) For purposes of this chapter, a parking permit is properly displayed only when it is located on the rear window of the motor vehicle on the driver’s side and the date of expiration of the parking permit is clearly visible through the windshield of the vehicle.
(C) The preferential resident parking areas do not take precedence over temporary or permanent no parking zones posted by the Street Department, Planning and Transportation Department, or Police Department for tree removal, snow removal, street sweeping, or other actions deemed necessary by the City.
(D) The provisions of this chapter shall not apply during the week of the West Side Nut Club Fall Festival. [Ord. G-2017-39 § 1, passed 1-10-18.]
10.55.040 Parking permits.
(A) On application made to the City Clerk or a designee thereof on forms provided by the City, the City Clerk or such designee shall issue a parking permit to each resident driver when the address of the applicant is within a preferential resident parking area. Parking permits shall be valid for a period of two years.
(B) The applicant shall provide a currently valid driver’s license and proof of residency (e.g., a copy of a lease or utility bill) to establish that his or her residence is within the preferential resident parking area.
(C) The parking permit shall cost $10.00 per parking permit.
(D) Permits will only be issued to drivers whose vehicle(s) do not have any outstanding parking tickets with the City of Evansville.
(E) It shall be unlawful for a person holding a valid parking permit to allow the use or display of said permit on a motor vehicle other than that for which the permit was issued. Such an act constitutes a violation by both the person holding the valid permit and the person who uses or displays the permit on a vehicle other than the one for which the parking permit is issued.
(F) It shall be unlawful and a violation of this chapter for any person to copy or otherwise bring into existence a facsimile or counterfeit parking permit. [Ord. G-2017-39 § 1, passed 1-10-18.]
10.55.050 Enforcement and penalties.
(A) The Evansville Police Department shall enforce the provisions of this chapter.
(B) The failure to do any act required by this chapter or acting in a manner prohibited by this article shall constitute a violation of this chapter.
(C) Whenever any officer or person charged with enforcement of this chapter shall find that a provision of this chapter has been violated, the officer or enforcement person shall notify the owner or person in control of the vehicle in writing of the violation. The notice shall be in duplicate, shall be serially numbered, and shall show the specific violation charged, the State license number of the vehicle, and shall be signed by the enforcement person giving his or her identification number. One copy shall be given to the owner or person in control of the vehicle, if present. If the owner or person in control is not present to receive the notice, then the notice shall be posted or attached in a conspicuous place on the vehicle. The posting or attachment shall be deemed sufficient notice of the violation. It shall be the duty of the person enforcing the ordinance to file the duplicate copy thereof in the office of the City Clerk at the close of the day’s work, or at the first opportunity thereafter.
(D) There is hereby imposed a fine of $25.00 for each violation of the provisions of this chapter but shall be reduced to $15.00 if paid to the office of the City Clerk within 30 days of the date of violation. Each day a violation exists shall be considered a separate violation, and a court may assess a monetary civil penalty for each day the violation exists.
(E) In addition to the fines imposed in subsection (D) of this section, a vehicle may be towed at the owner’s expense if:
(1) Notice is posted indicating that a vehicle parked in violation may be towed at the owner’s expense;
(2) Such vehicle obstructs traffic flow or another vehicle;
(3) Such vehicle is improperly parked in a fire lane or presents a danger to any person; or
(4) Such vehicle is improperly parked without a valid parking permit for four consecutive days.
In addition to towing fees, the owner of the vehicle in violation shall pay all storage fees associated therewith before the vehicle is released. The owner and person in control of a vehicle shall be jointly and severally responsible for all fines, fees, and charges provided herein.
(F) It shall be the duty of the City Clerk to commence the appropriate legal action in the name of the City and to collect the fines and penalties imposed by this chapter. If it becomes necessary to commence court proceedings to collect the fines and penalties, the City, through the office of the City Clerk, shall be entitled to recover all costs of the proceedings as may be allowed by law. All fines and penalties collected under this chapter shall be paid to and accounted for by the City Clerk as now or may hereafter be provided by law. [Ord. G-2017-39 § 1, passed 1-10-18.]