§ 7-4-607. Residential permit parking.

(a)

Purpose. The purpose of the city residential permit parking programs is to regulate and manage residential curb parking problems. The parking problems must substantially interfere with the normal and expected use of available public street parking spaces at regular daily or weekly intervals. The city council may establish residential permit parking programs in accordance with the procedures set forth in this section.

(b)

Definitions. For purposes of this section:

(1)

Director means the director of public works of the city.

(2)

District means an area established by resolution of the city council pursuant to this section.

(3)

Guest means any person visiting or intending to visit a person residing in a permit parking district.

(4)

Block means both sides of a street lying between two intersecting streets without interruption by any other intersecting street on either side.

(5)

Street means both sides of a street defined by logical limits which may span one or more blocks.

(6)

Residential area is defined per the definition of residence district in Vehicle Code § 515.

(7)

Nonresidential user means the owner or tenant in possession of any property in a permit parking designated area which is not used for residential purpose, and the officers, employees, agents, licensees and invitees thereof.

(c)

Designation of permit parking areas. Following review and recommendation by the city traffic commission, the city council may establish permit parking by resolution. Any such resolution shall designate the boundaries of the permit parking district, the streets or the individual block designations. It shall specify the nature of the parking limitations which apply within the designated areas.

(d)

Procedures. The resolution specified in subsection (c) of this section may provide that parking restrictions imposed pursuant to this section shall apply to the designated permit parking area only after a petition signed by the owners of 67 percent or more of the residential lots abutting the onstreet parking spaces of the subject restrictions have filed a petition with the traffic commission expressing their desire for such parking restrictions. The city clerk shall determine the adequacy of the petition in accordance with the following standards:

(1)

In the case of a property owned by the co-owners, the signature of any one co-owner on the petition shall be sufficient.

(2)

In the case of a property owned by a partnership, the signature of any general partner on the petition shall be sufficient.

(3)

Ownership shall be determined by reference to the latest available tax assessment roll, or by such proof of subsequent acquisition of title as may be provided to the director by the owner.

(e)

Signs and notices. Upon the establishment of a permit parking designation, the director shall cause appropriate signs to be erected in the entrances of a district, street or block indicating thereon the parking limitation applicable to the area and the exemption therefrom of vehicles with permits. In addition, the director shall send notification of the permit parking designation and regulations to all recorded homeowners' associations within the area.

(f)

Issuance of permits. Applications to park within a residential permit parking designated area may be made by any resident or any eligible nonresidential user residing or working within such area who is licensed to drive a vehicle. Such applications shall be the sole responsibility of the user and filed with the director or his designated representatives. Unless otherwise prescribed by the resolution establishing the district, each household will receive one permanent decal per registered vehicle. Any permit decal issued by the city pursuant to this section shall be valid only so long as the person to whom the permit is issued owns the vehicle and controls the property which ownership or control qualified the person to obtain the permit. Any replacement due to damage of the permit or purchase of a new vehicle is the responsibility of the user.

(g)

Guest parking permits. Unless otherwise prescribed in the resolution establishing a residential parking permit area, each residential unit shall be entitled to receive three mirror-type guest parking permits from the director. Upon application, residents may receive additional permits as needed for special occasions (placards).

(h)

Display of permits (decals). The city will provide each type of permit.

(1)

A parking permit decal issued pursuant to this section, other than a guest parking permit, shall be permanently affixed to the left inside rear window of the vehicle for which it was issued.

(2)

Guest parking permits shall be displayed by hanging the permit from the rear view mirror.

(3)

Placards shall be displayed in left front portion of the dashboard, face up.

(i)

Exempt vehicles. The following vehicles are exempt from parking restrictions applicable to any parking permit designated area:

(1)

Repair, maintenance, refuse collection, utility, fuel, delivery and service vehicles being used in the course of business.

(2)

Vehicles owned or operated by any government agency, or contractor of a government agency, being used in the course of business.

(3)

Emergency life support and health care vehicles owned or operated by any governmental agency, being used in the course of business.

(j)

Authority of director. The director is authorized to establish rules and procedures and to produce signs, forms and other materials necessary or appropriate to implement the provisions of this section.

(k)

Permit fees. The city council may, by resolution, establish fees for permit applications under this or other future permit parking programs.

(l)

Removal of permit parking restrictions.

(1)

The city council, pursuant to a recommendation of the traffic commission, may, by resolution, terminate and dissolve any previously established permit parking designation. The director shall remove parking restriction signs in accordance with any such resolution.

(2)

Permit parking restrictions imposed shall be ended with a petition so requesting and signed by the owners of 67 percent of the residential lots abutting such block. Upon his determination that the petition is adequate in accordance with the standards set forth in this section, the director should remove parking restriction signs from such block.

(m)

Enforcement and penalties.

(1)

Unless exempted by the provisions of this section, no person shall stand or park a motor vehicle in any permit parking designated area in violation of any parking restrictions established pursuant to this section.

(2)

It shall be unlawful for any person holding a permit to transfer such a permit to a vehicle not registered for such permit. No person shall copy, produce and otherwise counterfeit a residential or guest parking permit issued pursuant to the permit parking program. The director shall be empowered to cancel or revoke any permit which is utilized for a vehicle not registered pursuant to this section.

(3)

It shall be unlawful for any person to falsely represent himself as eligible for a parking permit or furnish false information to the director or his representatives in an application for a parking permit.

(4)

Violation of any provision of this section shall be an infraction. The penalty for a first and subsequent conviction shall be assessed according to the uniform bail schedule that is in force at the time of the violation applicable to South Orange County.

(Ord. No. 90-11, § 6, 3-6-90; Ord. No. 91-47, § 1, 10-1-91; Ord. No. 2007-148, § 1, 9-18-07)