§ 26-170. Downtown parking permits.

(a)

It is hereby found and declared that:

(1)

A heavy concentration of vehicles exists within downtown center zoning districts of the City (the "DC") during certain times of the day, placing heavy demands on available on-street parking spaces;

(2)

Traditional methods of limiting on-street parking in the DC to two hours or less have the desirable effect of increasing the turnover of parking spaces, thus permitting more patrons to shop and do business in the DC, but have the undesirable effect of preventing employees and the owners of businesses located in the DC from having reasonable access to their places of employment;

(3)

Limiting on-street parking in the DC to two hours or less requires employees and the owners of businesses located in the DC to move their vehicles to a different block several times each day to avoid overtime parking citations, thereby aggravating the problem of vehicular congestion on the streets of the DC, generating unnecessary air pollution, impeding the movement of traffic, and unnecessarily restricting travel within the DC;

(4)

The issuance of downtown parking permits for parking in a selected area of the DC without regard to time limitations as provided herein will enable employees and the owners of businesses located in the DC to have reasonable access to their places of employment without unduly interfering with the ability of their patrons to do business with them;

(5)

By permitting downtown parking as provided herein, the City expects that the problems described in subsection (a)(3) of this section will be mitigated; and

(6)

The issuance of downtown parking permits as provided herein serves a public purpose and will promote the health, safety and welfare of the inhabitants of the City.

(b)

Definitions. As used in this section:

Downtown parking permit area (DPPA) means that part of the DC where downtown parking permits are authorized as provided by this section. The DPPA shall initially consist of the parking spaces on both sides of each of the following streets and avenues:

(1)

1st and 2nd Avenues South, from 4th Street South to 7th Street South; and

(2)

4th, 5th, 6th, and 7th Streets South, from 1st Avenue South to 2nd Avenue South;

(3)

The POD may enlarge or contract the DPPA; provided, that any expansion of the DPPA shall be based upon an occupancy study demonstrating that the selected locations proposed for inclusion, together with the locations already included in the DPPA, have an average parking occupancy rating of 30 percent or less over a three-day period, during peak demand times.

Downtown parking permit or permit means an identification permit in the form of a placard, decal, or other appropriate form as the POD may determine, issued by the POD in accordance with the provisions of this section.

Eligible vehicle means a motor vehicle owned or leased by a person who meets the requirements set forth herein to be eligible to obtain a permit. The term does not include commercial vehicles, common carriers, or government agency vehicles, which are ineligible for permits.

(c)

An eligible vehicle displaying a current and valid permit may park in any on-street parking space open to the general public in the DPPA and shall not be in violation for overtime parking by virtue of parking for a period of time in excess of the time otherwise allowed. The permit shall not authorize an eligible vehicle to park in any particular space in the DPPA, which shall continue to be open to the general public. All parking in the DPPA shall be on a first-come, first-served basis. The permit shall not authorize parking in any of the following locations without the observance of time limits applicable to the general public for parking or the payment of the required fee, as applicable:

(1)

On-street parking spaces posted for a parking time limit of less than one hour;

(2)

Any space reserved for parking for persons with disabilities;

(3)

Any off-street parking facility owned or operated by the City;

(4)

Any location or parking space for which a parking fee is required; or

(5)

Any on-street parking space outside the DPPA.

The permit shall not authorize parking at any location where parking is prohibited, or during any period of time when parking is prohibited; shall not authorize double parking, double standing, or double stopping; shall not authorize parking in a loading or unloading zone, bus stop, taxicab or car-for-hire stand, or any reserved or restricted space which has been designated and marked or posted for such purpose.

(d)

Permits shall be issued subject to the following conditions:

(1)

The applicant shall demonstrate that he or she owns, or is an employee of, a business located in the DC. The applicant shall provide the physical address of the business.

(2)

The applicant shall present a valid and current State motor vehicle operator's license issued to the applicant.

(3)

The applicant shall describe the vehicle to which the permit shall be attached, and shall demonstrate that the vehicle is an eligible vehicle.

(4)

The applicant shall provide such other information as the POD may reasonably require.

(5)

The application shall be accompanied by a fee in the amount of $20.00 per month. The monthly fee shall be paid in advance for each month, or for such longer time as the POD may allow, but may not be paid in advance for more than 12 months. The POD may increase or decrease the monthly fee as may be reasonably necessary to cover the administrative costs of the program. An increase in the fee shall not affect the validity of any permit issued prior to the effective date of the increase.

(6)

Upon issuance, the permit shall be displayed with the expiration date visible through the front windshield.

(7)

A permit may be renewed monthly or, in the discretion of the POD, for a period of time ending not later than 12 months from the month of renewal upon payment of the fee at the rate in effect at the time of renewal.

(8)

A permit may be surrendered prior to its expiration date. If surrendered, any prepaid fee for the remaining whole unexpired months shall be refunded if the permit is not, at the time of surrender, subject to revocation as provided herein.

(9)

Permits, even though issued to an individual, remain the property of the City. The permit holder may retain possession of the permit provided it is used in accordance with the provisions of this section and the regulations promulgated pursuant to this section. A permit shall be valid only for the vehicle for which it has been issued and only for the period of time for which the fee has been paid. The issuance of a permit shall represent that the permit holder has obtained a license, but not a right, to park in accordance with this section. A permit holder shall have no property right to the permit or to any license granted pursuant to this section.

(10)

The POD may issue up to 110 permits to park in the DPPA, thus increasing the availability of spaces for permit and non-permit parking. If the DPPA is enlarged or contracted, the POD may increase or decrease the number of permits which may be issued in proportion to the change in the number of parking spaces in the DPPA. That proportion shall be approximately two permits for every three available parking spaces.

(11)

The POD shall develop and implement regulations governing the downtown parking permit system. The regulations shall conform with the provisions of this section and shall include, as a minimum, a procedure by which all of the persons who own, or who are an employee of, a business located in the DC shall have an equal opportunity to obtain a permit.

(e)

Permits shall be subject to revocation by the POD for any of the following reasons, after providing notice to the permit holder of the reasons for such revocation and after providing an opportunity for the permit holder to respond to the POD:

(1)

Providing false information when applying for the permit;

(2)

Using or allowing the use of the permit in a way that violates any of the provisions of this section or the regulations promulgated pursuant to this section; or

(3)

The owner of the vehicle no longer owns, or is employed by, a business in the DC.

If a permit is revoked pursuant to this section, the permit holder shall not be entitled to a refund of the permit fee for the remainder of the term of the permit. The permit holder shall not be eligible for another permit for a two-year period following the revocation unless good cause can be shown that the act resulting in the revocation was unintentional or that the permit was revoked under subsection (e)(3) of this section and the vehicle owner has again become an owner of, or employed by, a business in the DC.

(Code 1992, § 26-161; Ord. No. 593-G, § 2, 6-19-2003; Ord. No. 752-G, § 2, 9-15-2005)