§ 19-613. Designation of a residential permit parking area.

(a)

The traffic safety director or his/her designee shall consider for designation as a residential permit parking area any official city residential parking permit petition available at the parking enforcement division office presently located at 912 Matamoros Street (second floor) which meets and satisfies the following requirements:

(1)

The petition shall contain a description or a map showing the proposed residential permit parking area.

(2)

The limits of proposed residential permit parking area shall be located within no more than one thousand (1,000) feet from a school institution.

(3)

The proposed residential permit parking area shall include at least six (6) adjacent block fronts and at least eighty (80) percent of the block fronts must be residentially zoned, and at a minimum, seventy-five (75) percent of all on-street parking spaces within the proposed area must be occupied during any two (2) one-hour periods between 8:00 a.m. and 6:00 p.m. Both sides of a roadway must be included in each area unless determined by the traffic safety department director or his designee to be impractical or undesirable.

(4)

The petition shall be supported by a signature, printed name, address, and date of signing of the petition by residents eighteen (18) years or older representing at least sixty-seven (67) percent of the addresses within each proposed area.

(b)

Receipt of petition representing at least sixty-seven (67) percent of the addresses within a proposed area and meeting requirements (1) through (3) above, will initiate the residential permit parking review process. Subsequent counter petitions received from residents within a proposed area will be reviewed, but they will in no way invalidate the initial petition requesting the establishment of residential permit parking or terminate the review process.

(c)

Not withstanding the requirements of subsections (1) and (2), the traffic safety director may recommend establishment of a residential permit parking in an area when:

(1)

It is impossible or impractical to establish an area with six (6) or more adjacent block faces.

(2)

Because accessibility to large apartments or condominiums is restricted, it is impossible to access a sufficient number of addresses to obtain signatures representing sixty-seven (67) percent of the addresses. However, in no case shall an area be recommended to be established as a residential permit parking area when a petition containing signatures representing less than thirty (30) percent of the addresses within the area has been submitted for review.

(d)

Upon receipt by the traffic safety director or his/her designee of a petition as described in subsection (a), the traffic safety director or his/her designee shall:

(1)

Undertake or cause to be undertaken such surveys or studies deemed necessary.

(2)

Conduct a public hearing on the proposed residential permit parking area. 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 residential permit parking area. Notice of public hearing will also be advertised in a major local newspaper. Following the hearing, the traffic safety director or his designee may accept, amend, or reject the proposed area in any manner including, but not limited to, modification of boundaries of the proposed area and the restrictions imposed on such proposed area.

(3)

Upon acceptance of the petition by the traffic safety director or his designee, the traffic safety director shall thereafter cause to be drafted a resolution recommending the granting of the petition and the establishment of a residential permit parking area, including any regulations and time restrictions determined by the traffic safety director of his designee to be reasonable and necessary in such area.

(4)

The city council may in its discretion, adopt, deny or modify the recommended resolution submitted by the traffic safety director to grant the petition establishing a residential permit parking area. However, the adoption of resolution of the city council will not take effect until the traffic safety director has caused the installation of signs designating the area as a residential permit parking area pursuant to section 19-615.

(d)

The establishment of a residential permit parking area and the receipt of a permit pursuant to this chapter [article] does not:

(1)

Guarantee or reserve to the holder thereof an on-street parking space within the designated residential permit parking area.

(2)

Authorize the permit parking holder to leave standing his/her vehicle for more than seventy-two (72) hours.

(3)

Authorize the abridgment or alteration of regulations established by authority other than this chapter [article].

(4)

Exempt the permit parking holder from other traffic controls and regulations existing in the designated residential permit parking area.

(Ord. No. 2004-O-188, § 1, 8-16-04)