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HomeMy WebLinkAboutNS-1919 - Adding Article XI to Chapter 36 of the Santa Ana Municipal Code to Provide for the Establishment of Permit Parking DistrictsREL:adg-26 3/17/87 Rev. 5/5/87(jd ORDINANCE NO. NS- 1919 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE XI TO CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE FOR THE ESTABLISHMENT OF PERMIT PARKING DISTRICTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The Santa Ana Municipal Code is hereby amended by adding an Article , to be numbered XI and consisting of sections to be numbered 36-480 through 36-493, inclusive, which said Article reads as follows: have ARTICLE XI. PREFERENTIAL PARKING DISTRICTS. Sec. 36-480. Definitions. As used in this Article, the following terms shall the following meanings: "Director" means the Executive Director of the Public Works Agency of the City of Santa Ana. "Permit Parking District" means an area established by resolution of the City Council pursuant to this Article. "Guest" means any person visiting or intending to visit a person residing in a Permit Parking District. "Block" means both sides of a street lying between two intersecting streets without interruption by any other intersecting street on either side, except that a resolution containing the provisions specified in section 36-482 may incorporate a map or maps designating blocks, in which case "block" means any block so designated. "Non-residential user" means the owner or tenant-in- possession of any property in a Permit Parking District which is not used for residential purposes, and the of- ficers, employees agents, licensees, and invitees thereof. ORDINANCE NO. NS- 1919 PAGE TWO Sec. 36-481. Designation of Permit Parking Districts. The City Council may establish Permit Parking Districts by resolution. Any such resolution shall designate the boundaries of the Permit Parking District and shall specify the nature of the parking limitations which apply within the district. Sec. 36-482. Block-specific Districts. The resolution specified in section 36-481 may provide that parking restrictions imposed pursuant to this Article shall apply to any block within the Permit Parking District only after a petition signed by the owners of seventy-five percent (75%) or more of the residential lots abutting such block have filed a petition with the Director expressing their desire for such parking restrictions. The Director shall determine the adequacy of the petition in accordance with the following standards: the signature ficient. (1) In the case of property owned by co-owners, of any one co-owner on the petition shall be suf- (2) In the case of property owned by a partner- ship, 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 sub- sequent acquisition of title as may be provided to the Director by an owner. Sec. 36-483. Non-residential users. The resolution specified in section 36-481 may specify the parking limitations applicable to the sides of streets adjacent to the property of non-residential users within the Permit Parking District and the entitlement of non-residential users to parking permits. The entitlement of any specified non- residential user may be based upon the extent to which its parking needs exceeds its on-site parking capacity. Sec. 36-484. Signs. Upon the establishment of a Permit Parking District, the Director shall cause appropriate signs to be erected in the district, indicating thereon the parking limitation applic- able to the district and the exemption therefrom of vehicles with permits; provided, however, that the Director shall not post such signs on any block within a Permit Parking District ORDINANCE NO, NS- 1919 PAGE THREE established by a resolution containing the provisions specified in section 36-482 until such time as the Director has determined that an adequate petition has been filed for such block. Sec. 36-485. Exemption for permit holders. The parking limitations in effect within a Permit Parking District shall not apply to vehicles for which a parking permit pertaining to that district has been issued pursuant to this Article, provided the permit is displayed in the manner prescribed in section 36-488. No such permit shall reserve any particular parking place within the district to the holder of the permit. Each such permit shall be valid only for the Permit Parking District for which it is issued. Sec. 36-486. Issuance of permits. Applications for permits to park within a Permit Parking District may be made by any resident or any eligible non- residental user residing or working within such district who is licensed to drive a vehicle. Such applications shall be filed with the Director or his designated representatives. Unless otherwise prescribed by the resolution establising the district, not more than three (3) permits (exclusive of guest parking permits) shall be issued to residents of any single dwelling unit. Any person aggrieved by the decision of the Director may appeal such decision to the city manager, whose decision on the matter shall be final. Sec. 36-487. Guest parking permits. Unless otherwise prescribed in the resolution establish- ing a Permit Parking District, each resident holding a parking permit shall be entitled to receive guest parking permit forms from the Director. Such resident may issue a guest parking permit to any guest of such resident by noting such resident's name and address on the form, dating and signing the form and identify- ing the vehicle for which the permit is issued by license number on the form. Each such guest permit parking permit shall be valid until 12:00 noon of the day following the date of issuance. Any vehicle for which a guest parking permit has been issued shall be exempt from the parking limitations within the district during the period for which it is valid, provided such permit is displayed in the manner prescribed in section 36-488. Sec. 36-488. Display of permits. (a) A parking permit issued pursuant to this Article (other than a guest parking permit) shall be permanently affixed to the left rear bumper of the vehicle for which it was issued. 092 ORDINANCE NO. NS- 1919 PAGE FOUR (b) Guest parking permits shall be displayed face up on the left front dashboard of the vehicle for which it was issued. Sec. 36-489. Exempt vehicles. The following vehicles are exempt from the parking restrictions applicable to any Permit Parking District: (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 govern- mental agency, or contractor of a governmental agency, being used in the course of business. (3) Emergency, life support and health care vehicles being used in the course of business. Sec. 36-490. Authority of the 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 Article. Sec. 36-491. Permit fees. The City Council may, by resolution, establish fees for permit applications under this Article. Sec. 36-492. Removal of Permit Parking Restrictions. (a) The City Council may, by resolution, terminate and dissolve any previously established Permit Parking District. The Director shall remove parking restriction signs in accordance with any such resolution. (b) Permit parking restrictions imposed on any block pursuant to Section 36-482 shall be ended when a petition so re- questing and signed by the owners of seventy-five percent (75%) of the residential lots abutting such block has been filed with the Director. Upon his determination that the petition is ade- quate in accordance with the standards set forth in Section 36-482, the Director shall remove parking restriction signs from such block. Sec. 36-493. Penal provisions. (a) Unless exempted by the provisions of this Article, no person shall stand or park a motor vehicle in any Permit Parking District in violation of any parking restrictions estab- lished pursuant to this Article. ORDINANCE NO. PAGE FIVE NS-1919 -- ,:093 (b) No person shall falsely represent himself or her- self as eligible for a parking permit or furnish false informa- tion to the Director or his representatives in an application for a parking permit. (c) No person who has been issued a parking permit shall thereafter allow the use thereof by any other person. (d) No person shall copy, produce, create or use any facsimile or counterfeit parking permit. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Aha hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 20th day of July , 1987. ATTEST= l fce C. Guy ~ ~ rk of the Councfl · COUNCILMEMBERS: Young Aye APPROVED AS TO FORM: McGuigan Aye Acosta Ave Griset Aye Hart May Aye oper Pulido ~ City Atto~hey