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HomeMy WebLinkAboutOrdinances 2080 ORDINANCE NO. absb AN ORDINANCE AMENDING IN PART CENTRAL POINT MUNICIPAL CODE CHAPTER 10.14 ADDING POLICE DEPARTMENT AUTHORITY 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. Council adopted Ordinance No. 2074 amending Title 10 and adding Chapter 10.14 to the municipal code allowing for the creation of preferred parking districts to address parking concerns in designated areas of the City. C. Ordinance 2074 established the process to create and operate a preferred parking district. As adopted, the Ordinance provided that the Public Works Department would be the primary department responsible for issuance of such permits. D. Per discussion with staff, Council desires to amend Chapter 10.14 to establish primary authority for issuance of parking permits with the Central Point Police Department. E. Words ted-through are to be deleted and words in bold are added. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.14 Parking Districts is amended in part as set forth below and incorporated herein by reference. PREFERENTIAL PARKING DISTRICT 10.12.030 Issuance of permits. A. Parking permits for preferential parking districts shall be issued by the police department . 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. 1 I Ordinance No.a()$b;fer1y---, 2021 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. 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 police department department of public was shall be valid for one year. Permits may be renewed upon reapplication in the manner prescribed by the police department e - .- • ••- • . - - - .- - . 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. 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 police department 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, 2 I Ordinance No. a020.kr1y--, 2021 140%Q‘ 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 police department warks 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 police department Department of Public s 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 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 police department or request, in writing, a hearing before the police chief director of p b!ic work& 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 police chief director of public work& 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 police chief or designated representative, within five working days after the close of the hearing. 3 I Ordinance No.aOO;July 2021 Avcb �a, E. The police chief 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 police chief 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. 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. 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. PASSE by the Council and signed by me in authentication of its passage this a 'day of , 2021. Mayor Hank Williams ATTEST: City Recorder 4 I Ordinance No.ptgl) ; Jufy---, 2021 ta,