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Home My WebLink About3437 AN ORDINANCE to establish a residential parking permit system for residential neighborhoods. THE CITY OF BREMERTON DOES ORDAIN: SECTION I. PURPOSE The purpose of this. Ordinance is to reduce hazardous traffic conditions resulting from the use of streets within areas zoned for residential uses for the parking of vehicles by persons using districts zoned for commercial or industrial uses; to protect those districts from polluted air, excessive noise, and trash and refuse caused by the entry of such vehicles; to protect the residents of those districts from unreasonable burdens in gaining access to their residences; to preserve the character of those districts as residential districts; to promote efficiency in the maintenance of those streets in a clean and safe condition; to preserve the value of the property in those districts; and to preserve the safety of children and other pedestrians and traffic safety, and the peace, good order, comfort, convenience and welfare of the inhabitants of the County. -- - 1 - Section I~. DEFINITIONS A. 'Residential area' shall mean a contiguous or nearly comtiguous area containing public streets and h~ghways or parts nhereof primarily abutted by residential property or residen- tial and non-business property (±ncluding bu~ not limited ~o schools, parks, churches, hospitals, and nursing homes); B. 'Commuter vehicle' shall mean a motor vehicle parked in a residential area by a person not a resident thereof; C. 'Resident vehicle' shall mean a motor vehicle parked in a residential area by a person who is a residen~t thereof; D. 'Residential permit parking area' shall mean a residential area designated as herein provided wherein resident vehicles displaying a valid permit as described herein shall be exempt from any parking time restrictions; E. The masculine form as used in this Ordinance if applicable as shown by the context thereof shall apply to a female person or a corporation; F. 'Owns' shall mean that a person has at least a one-quarter interest in a parcel of real property within a residential permit parking area; G. 'Motor vehicle' shall include an automobile, truck, motorcycle or other motor-driven form of transportation not in excess of 6000 pounds gross weight; H. 'Person' shall mean a natural person. Section III. DESIGNATION OF RESIDENTIAL PERMIT PARKING AREAS The City Council shall consider for designation as residen- tial permit parking areas those residential areas meeting and satisfying the objective criteria therefor established in this ordinance. It may in ~ts discretion then designate by resolution certain residential areas as - 2 - -~£ c!e:~vial permit parking areas in which resident vehicles displayi:.? a 'raise ~arking oermit ma,., :tand or be parked without ~imitation by Dar~ing time restrictions. Said reselution shall also recite any applicable time limitation, the applicable boundaries and the fee to be charged upon permit issuance. SECTION !V. DESIGNATION CRITERIA A. A residental area shall be deemed eligible for consider- ation as residential permit parking area if based on objective criteria established at the direction of the Commissioner of Public Works or his designee, the parking therein is impacted by commuter vehicles. SECTION V. DESIGNATION PROCESS A. Upon verified petition of at least 2/3 of the residents of a residential area, the Commissioner of Public Works or his designee shall undertake or cause to be undertaken such surveys or studies as are deemed necessary to determine whether a residential area is eligible for residential permit parking. Such surveys or studies shall be com- pleted within sixty (60) days of receipt of a petitio~ calling for such surveys or studies to be undertaken. Within thrity days of the -- completion of the surveys or studies conducted with regard to a parti- cular residential area, the Commissioner of Public Works shall: 1) recommend by written report to the City Council, based on the surveys and studies performed, whether to designate the residential area under consideration as a residential permit parking area. 2) Give notice of a public hearing or hearings on the subject of the eligibility of the residential area under consideration for residential permit parking. Said hearing or hearings shall also be conducted for the purpose of ascertaining boundaries for the proposed residential permit parking area as well as the appropriate time limitation on parking. Notice of the public hearing or hearings provided for herein shall be published in the official newspaper of the City and County at least ten days before the hearing date. The notice shall clearly state the purpose of the hearing, the location and boundaries tentatively considered for the proposed residential permit parking area and, if applicable, the pro- posed permit fee to be charged therefor. During such hearing or hearings, -- 3 -- any i},torested person shall be entitled to appear and be heard. B. The designation precess and designation criteria set ferth in this Ordinance shall also be utilized by the Commissioner of Public %{erks and the City Council in detez~ining whether te remeve designation as a residential permit parking area from a particular area. SECTION VI. ISSUANCE OF PE~4ITS A. Parking permits shall be issued by the Treasurer's Office. Each such permit shall state or reflect thereon the particular residential permit parking area as well as the license number of the motor vehicle for which it is issued. No more than one parking permit shall be issued to each motor vehicle for which application is made. B. Parking permits may be issued for motor vehicles only upon application of the following persons; (1) a Legal resident of the residential permit parking area who has a motor vehicle registered in his name, or who has a motor vehicle for his exclusive use and under his control; (2) A person who owns or leases commercial property and actively engages in business activity within a residential permit parking area. However, no more than one parking permit may be issued for each business establishment for a motor vehicle registered to or under the control of such a person. C. Proof of residency or ownership shall be demonstrated in any of the following ways: (1) Possession of a valid motor vehicle operator's license or vehicle registration form reflecting an address within a residential permit parking area; or (2) A deed or other legal document reflecting ownership as defined herein or other residency of a parcel of real proeprty within a residential permit parking area. D. Proof of motor vehicle ownership or vehicle use and control shall be demonstrated in any of the following ways; (1) Possession of valid vehicle registration or other indicia of title listing thereon the applicant as owner; or - 4 - (2) Dis]}tay of valid vehicle registration or oiler indic~ of title in the name of a person other than the applicant, pl~_~s other satisfactory evidence provided by the applicant that the vehicle is for his use and under his control. SECTION VII. VISITOR PERMITS The Treasurer's Office is authorized upon application to issue parking permits to residents of a residential permit parking area for use of bonafide transient visitors therein. Such a visitor permit shall have all the rights and privileges of a regular permit, and shall issue on payment on one-half the fee applicable to that residential permit parking area. A visitor permit shall be valid for no more than fourteen days from the date of issuance. No resident of a residential permit parking area shall be issued more than two visitor permits at any one time. However, the prohibition in this section or any other section shall not apply to service or delivery vehicles which are being used to provide services or make deliveries to dwellings. SECTION VIII. POSTING OF RESIDENTIAL PERMIT PARKING AREA Upon the adoption by the City Council of a resolution desig- nating a residential permit parking area, the Commissioner of Public Works shall cause appropriate signs to be erected in the area, indi- cating prominently thereon the conditions under which permit parking shall be exempt therefrom. SECTION IX. DISPLAY OF PERMITS Permits shall be displayed so as to be clearly visible through the rear window of the vehicle on the left side thereof. SECTION X. PERMIT PARKING EXEMPTION A resident vehicle on which is displayed a valid parking permit as provided for herein shall be permitted to stand or be parked in the residential permit parking area for which the permit has been issued without being limited by the posted time limit. Said resident vehicle shall not be exempt from parking restrictions or prohibitions - 5 - established p~r"s'.~anz to authority other than this ordinance. Al! other motor vehicles parked within a residential permit ~arkinc area shall be subject to the posted time restrictions. A residential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the desi~hat.5i residential permit parking area. SECTION XI. APPLICATION FOR AND DURATION OF PEPuMIT Each parking permit issued by the Treasurer's Office shall be valid for one year from the date of issuance. Permits may be renewed annually upon reapplication in the manner required by the Treasurer's Office. SECTION XII. PER/~IT FEES The City Council shall establish by resolution an annual fee for residential parking permits. Such fee shall be in amount necessary to pay the administrative costs of permits issued and any other costs related to the establishment or maintenance of a residential permit parking area. SECTION XIII. PENALTY PROVISIONS A. It shall be unlawful and a violation of this ordinance, unless expressly provided to the contrary herein, for any person to stand or park a motor vehicle for a period exceeding the time limitation established pursuant hereto. Said violation shall be punishable by a fine not exceeding ten dollars ($10). B. It shall be unlawful and a violation of this ordinance for a person to falsely represent himself as eligible for a parking permit or to furnish false information in an application therefor to the Treasurer's Office. C. It shall be unlawful and a violation of this ordinance for a person holding a valid parking permit issued pursuant hereto to permit the use or display of such permit on a motor vehicle other than that for which the permit is issued. Such conduct shall constitute an unlawful act and violation of this ordinance both by the person holding the valid parking permit and the person who so uses or displays the - 6 - perm!% on a motor vehicle other than that for which it is issued; D. It shall be unlawful and a violation of this oridnance for- a person to copy, produce or otherwise bring into existence a facsir'~e or co~nterfeit parking permit or 1}ermi~s without written authorizat_~- fror. the Treas'~er's Office. It shall further be unlawful and a violat' ~n of this ordinance for a person to knowingly use or display a facsimi-e or counterfeit parking permit in order to evade time limitations on paz'<~ng applicable in a residential permit parking area. Upon conviction thereof, a person shall be punishable by a fine not exceeding five hundred dollars ($500) or be imprisoned for a period not exceeding six (6) months, or both. SECTION XIV. REVOCATION OF PERMIT The Treasurer's Office is authorized to revoke the resi- dential parking permit of any person found to be in violation of this ordinance and, upon written notification thereof, the person shall surrender such permit to the Treasurer's Office. Failure, when so requested, to surrender a residential parking permit so revoked shall constitute a violation of law and of this ordinance. APPROVED by the City Council on the tat reading this ~)~ day of . ~ ~ , 1978. PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this ~ day of ~UN~ , 1978. GLENN K. JARSTAD, Ma, yor ATTEST: ~THLEEN ~NDIO, City Clerk - 7 -