HomeMy WebLinkAboutOrdinances 2074 ORDINANCE NO. nti
AN ORDINANCE AMENDING IN PART CENTRAL POINT MUNICIPAL CODE TITLE
10 ADDING CHAPTER 10.12 PREFERENTIAL PARKING DISTRICTS
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to
time make revisions to its municipal code which shall become part of the
overall document and citation.
B. The Council has directed staff to prepare an Ordinance allowing for the
creation of Parking Districts to address parking concerns in designated
areas of the City.
C. The Ordinance establishes the process to create and operate a Parking
District. Individual Parking Districts may be designated by Council or upon
receipt of a petition signed by the applicable number of merchants or
residents residing in the proposed District.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Title 10 is amended to add Chapter 10.12 Parking Districts as set forth
below and incorporated herein by reference.
PREFERENTIAL PARKING DISTRICT
10.12.010 Definitions.
For the purposes of this Section, the following terms, phrases, and words shall have
the meaning given herein. The word "shall" is always mandatory and not merely
directory.
A. "Dwelling unit" means a house, apartment, condominium, mobile home or other
type of residence, in conformance with city code and related zoning maps, having an
address assigned consistent with the house numbering maps maintained by the City.
Apartments having numbers or letters assigned in addition to the street address shall
be deemed as a dwelling unit.
B. "Employee of merchant" means any person employed by a merchant within a
preferential parking district.
C. "Visitor" means any person visiting or intending to visit, for any purpose, either
a resident or merchant located in a preferential parking district.
1 I Ordinance No(677 1 April 8, 2021
D. "Merchant" means a person who, as proprietor, operates a commercial
business involved in the retailing of goods or services within a preferential parking
district.
E. "Preferential parking district" or "district" means an area with streets or
boundaries designated by the ordinance establishing the district, wherein vehicles
displaying a valid permit shall be exempt from parking restrictions established
pursuant to this part.
F. "Resident" means a person who lives in a dwelling unit located in a preferential
parking district.
10.12.020 Designation of preferential parking districts.
The City Council may, by ordinance, at its discretion or upon receipt of a petition
signed by residents or merchants living or working in two-thirds of the dwelling units or
businesses comprising not less than 50 percent of the developed frontage of the area
proposed for designation, designate a certain area or areas to be a preferential
parking district.
10.12.030 Issuance of permits.
A. Parking permits for preferential parking districts shall be issued by the
department of public works.
B. The number of permits to be issued to any one dwelling unit or to any
merchant's business establishment shall be determined by the parking conditions
within each district and set forth in the ordinance establishing the district.
C. Parking permits may be issued by the City only to the following persons:
residents and merchants within the prescribed preferential parking district.
10.12.040 Posting signs in permit parking area.
Upon the adoption by the City Council of an ordinance designating a preferential
parking district and the specified parking regulations applicable thereto, the
department of public works shall cause appropriate signs to be erected in the district,
indicating prominently thereon the parking limitation, period of the day for its
application, and the fact that motor vehicles with valid permits shall be exempt
therefrom.
2 I Ordinance Noab14; April 8, 2021
10.12.050 Permit parking exemption.
A. A motor vehicle on which is displayed a valid parking permit hanging from the
rearview mirror shall be permitted to stand or be parked in the preferential parking
district for which it is issued without being limited by parking restrictions established
pursuant to this Chapter. Except as provided below, all other motor vehicles parked
within a preferential parking district shall be subject to the parking restrictions and
penalties as provided in this Chapter.
B. A preferential parking permit shall not guarantee or reserve to the holder
thereof an on-street parking space within the designated preferential parking district.
10.12.060 Exemption of certain vehicles.
No person shall, without a permit therefor, park or leave standing any vehicle or trailer
in a preferential parking district in excess of the parking restrictions authorized
pursuant to this part, except for the following:
A. Repair, maintenance, refuse, utility, fuel or delivery vehicles doing business in
the preferential parking district;
B. Vehicles delivering emergency services within the preferential parking district,
such as police, fire and ambulance.
10.12.070 Application for and duration of permit.
A. Except as otherwise provided in an Ordinance creating a preferential parking
district, each parking permit issued by the department of public works shall be valid for
one year. Permits may be renewed upon reapplication in the manner prescribed by the
department of public works.
B. Proof of residency/merchant location shall be required. Proof of
residency/merchant location shall consist of two of the following:
1. Driver's license
2. Property Tax Bill or rental/lease agreement
3. Utility Bill (Cable TV, Telephone (landline only), Gas, Water, or Electric)
4. Company business card/letterhead.
3 I Ordinance Nor4b`14; April 8, 2021
10.12.080 Permit fees.
The fee for a preferential parking permit shall be established by resolution of the City
Council. In the absence of any such order, the fee shall be $25.00.
10.12.090 Deposit of permit fees.
Permit fees collected under the provisions of this Chapter shall be paid to the City and
deposited in the general fund.
10.12.100 Penalty provisions.
A. Unless exempted by provisions of this Chapter, no person shall stand or park a
motor vehicle in any preferential parking district established pursuant to this part in
violation of any parking restrictions established pursuant to this part. A violation of this
section shall constitute an infraction, which shall be punishable by a fine, set by
Resolution of Council.
B. No person shall falsely represent himself as eligible for a parking permit or
furnish false information to the department of public works or other authorized city
personnel in an application for a preferential parking permit.
C. No permit issued pursuant to this part shall thereafter be assigned, transferred
or used for any consideration, monetary or otherwise. Violation of this subsection shall
constitute an infraction and be punishable by a fine of$100.00. Notwithstanding the
foregoing, residents and merchants within a parking district may allow its/their visitors,
customers, or employees use of such permits while visiting or conducting business
within the parking district.
D. No person shall copy, produce or create a facsimile or counterfeit parking
permit, nor shall any person use or display a facsimile or counterfeit preferential
parking district permit. Violation of this subsection shall constitute an infraction and be
punishable by a fine of$100.00.
E. Permit holders shall report to the department of public works or other
authorized city personnel a lost, stolen, or missing permit within 10 days of loss, at
which time that permit shall be cancelled and a new permit issued, at no cost.
F. Permits shall be returned to the Department of Public Works when the permit
holder ceases to reside or exist in a preferential parking district.
G. No person shall display a permit cancelled pursuant to subsection E. Any such
display on a vehicle shall be cause for ticketing and towing at the owner's expense in
4 I Ordinance Noa614; April 8, 2021
addition to the penalty set forth in subsection A of this section. Such cancelled permits
shall be confiscated by the impounding authority.
10.12.110 Permit revocation procedure.
A. Any permittee who has violated the provisions of subsections B, C, D, E, F, or
G of Section 10.12.100 shall be subject to having the permit revoked, and shall be
notified in writing of the permit revocation. Upon notification of such revocation, the
permittee shall, within 15 working days of receipt of such notice, either surrender the
permit to the department of public works or request, in writing, a hearing before the
director of public works or designated representative.
B. A timely request for a hearing made within 15 days of the receipt of the notice
of revocation shall stay any revocation until five working days after the hearing
decision is rendered.
C. A hearing shall be held by the director of public works or designated
representative, unless continued by agreement, within five working days of the request
for a hearing. At the hearing, any person may present evidence or argument as to
whether the permittee has violated any provisions of this part and whether the permit
should be revoked.
D. A decision shall be rendered, by the director of public works or designated
representative, within five working days after the close of the hearing.
E. The director of public works or designated representative may give oral notice
of the decision at the close of the hearing or may send notice of the decision by mail to
the permittee. The decision of the director of public works or designated
representative shall be final and conclusive.
F. If the revoked permit is not surrendered, the police department shall be notified
so that appropriate enforcement action may be taken against the vehicle with the
revoked permit the same as any other vehicle parking in the district without a permit.
10.12.120 Dissolving a district.
The designation process as set forth in this chapter shall be utilized by the City
Council in determining whether to dissolve a preferential parking district.
SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered, or
re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e.
Recitals A-C) need not be codified and the City Recorder is authorized to correct any
cross-references and any typographical errors.
5 I Ordinance No.0)61q; April 8, 2021
SECTION 3. Effective Date. The Central Point City Charter states that an ordinance
enacted by the Council shall take effect on the thirtieth day after its enactment. The
effective date of this ordinance will be the thirtieth day after the second reading.
PASSED by the Council and signed by me in authentication of its passage this
Qday of '(irk, 1 , 2021. +
c�,
Mayor Hank Williams
ATTEST.
fr44.A,_/:
City Recorder ir
6 I Ordinance No. ; April 8, 2021