069 of 1998 - City Parking Permit Program0 98-1
0 98-24
SALT LAKE CITY ORDINANCE
No. 69 of 1998
(Amendments to the City Parking Permit Program)
AN ORDINANCE AMENDING CHAPTER 12.64, SALT LAKE CITY CODE,
PERTAINING TO THE CITY PARKING PERMIT PROGRAM.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 12.64, Salt Lake City Code,
pertaining to the city parking permit program be, and the same
hereby is, amended to read as follows:
Chapter 12.64 CITY„.PARKING PERMIT PROGRAM
12.64.010 Purpose.
A. * * *
B. This chapter authorizes a program and implementing
procedural system by which residents and businesses within
qualifying areas may receive preferential treatment when
competing with commuter vehicles for available on -street parking
in predominantly residential neighborhoods of the city. The
enactment of a preferential parking permit program, administered
by the transportation engineer and implemented and operated by
the parking permit coordinator, can address the adverse effect of
motor vehicle congestion caused by the long-term parking of
commuter vehicles within these areas by:
1.
2.
3.
4.
5.
12.64.020 Definitions.
A. As used in this chapter:
*
"Area regular permit" or "regular permit decal" means the
permanent adhesive decal issued by the parking permit coordinator
for assignment to vehicles under the legal control of area
residents and businesses.
*
"Area seasonal permit" means a permanent adhesive decal
issued by the parking permit coordinator
for assignment to vehicles under the legal control of area
residents and businesses of a seasonal city permit area.
*
2
"City permit program" means Salt Lake City's permit parking
program, as a whole, administered by the transportation engineer
and operated by the parking permit coordinator pursuant to the
provisions and regulations of this chapter.
*
"Declaration" is the final action taken by the
transportation engineer setting the conditions for either
approval or denial of the proposed city permit area.
*
"Guest permit" means the portable card stock placard issued
by the parking permit coordinator to area
residents and area businesses for use on vehicles under the legal
control of guests, customers and/or clients during periods when
persons operating said vehicles are actually visiting or engaged
in business at the permittee's address not to exceed two days per
visit.
*
" Parking permit coordinator" refers to the person
designated by the transportation engineer to
operate and manage the permit parking program, including the
implementation and operation of permit
parking areas, on a routine, daily basis.
3
"Permit vehicle" refers to any vehicle properly displaying
area regular, area seasonal, guest, or temporary visitor, issued
by the parking permit coordinator for authorized use on such
vehicles.
* *
"Program" means and shall refer to the process of
designation, administration and enforcement of all city parking
permit areas and regulations established by transportation
engineer pursuant to the provisions of this chapter.
"Regular permit decals" means the permanent adhesive decal
issued by the parking permit coordinator
for assignment to vehicles under the legal control of area
residents and area businesses.
B.
*
*
*
12.64.030 Area designation -Authority.
The transportation engineer may, upon recommendation of the
parking permit coordinator, and pursuant to the provisions
hereunder, consider for designation as a city permit parking area
any area which satisfies the threshold criteria established
below. Where he deems it necessary and appropriate to accomplish
4
the legislative intent and objectives, the transportation
engineer may then designate by declaration any qualified area as
an approved city permit parking area in which motor vehicles
displaying a valid area parking permit may stand or be parked
without limitations imposed on commuter vehicles by the parking
regulations in the area. Such declaration shall also state the
applicable parking regulations and the fees to be charged for
permit issuance.
12.64.040 Area designation -Criteria.
A. General Criteria. An area shall be deemed eligible for
consideration as a city permit parking area if the transportation
engineer determines, after evaluation of the surveys and traffic
studies prepared at the direction of the parking permit
coordinator, that the qualified area is adversely affected by
commuter vehicles for any extended period(s) during the day or
night, on weekends or holidays.
B. Specific Factors. In determining alleged adverse
affects upon an area, the transportation engineer shall analyze
and evaluate factors which include, but are not limited to, the
following:
1. * * *
5
2.
3.
*
*
*
C. Threshold Technical Criteria. The transportation
engineer may, upon recommendation of the parking permit
coordinator, and pursuant to the provisions hereunder, consider
for designation as a city permit parking area, an area whose
streets (or portions thereof) qualify by satisfying the following
eligibility criteria:
1. * * *
2. * * *
4. * * *
5. The parking permit coordinator agrees that implementing
the proposed permit area will not, to
a significant extent, transfer the commuter vehicle parking
problem to a different adjacent area should the area under
consideration be designated permit parking.
12.64.050 Area designation -Process.
A. Persons desiring to have their area designated permit
parking shall consult with the parking permit coordinator or his
6
designee, the permit parking coordinator, to tentatively
establish the boundaries of the area proposed for designation.
B. Upon receipt of a petition containing the signatures of
a minimum of twenty-five percent of residents and/or businesses
within the area boundary proposed for permit parking designation,
the parking permit coordinator shall cause a parking study, or
other surveys as may be deemed necessary, to be undertaken as
soon as is practicable consistent with scheduling constraints, in
order to determine if the proposed area satisfies the eligibility
requirements as set forth in Section 12.64.040 above, or its
successor. Should the studies reflect that other nearby area
streets are similarly congested with curb parking, the parking
permit coordinator may require such streets (or portions thereof)
to be added to the proposed permit parking area.
C. Upon certification by the parking permit coordinator
that the general and technical threshold criteria set forth in
Section 12.64.040 appear satisfied for a proposed area, the
petitioners shall be notified that they shall have fifteen days
from such notice, to (1) submit a listing of all addresses within
the certified area from the most current Polk or Coles city
directories and (2) submit a listing from the Salt Lake County
assessor's office of each separate tax parcel/property owner of
7
record thereon within the certified area. In the interim, a
ballot shall be prepared by the permit parking coordinator for
the purpose of determining whether or not the he should
favorably recommend to the transportation engineer that the
proposed area be created. The ballot form shall indicate two
choices, a "yes" (in favor of) choice or a "no" (not in favor of)
choice for area permit parking designation. In addition a section
allowing for "comments" shall be on the ballot.
Upon receipt of the area address and tax parcel listings,
the parking permit coordinator shall, consistent with scheduling
constraints, mail the ballot to all addresses and property owners
of record within the area proposed for designation. The mass mail
shall contain the following:
1.
2.
3.
D.
* * *
* * *
E. A thirty -day time period, commencing on the date of the
mass mailing, shall be allowed for the purpose of voting. After
indicating their preference on the ballot, residents and
businesses shall return their ballot, on or prior to, the cut-off
8
date (printed on the ballot) to the parking permit coordinator.
To determine consensus as to whether or not area residents and
area businesses are in favor of proceeding on to the next phase
in the area designation process related to establishing the
proposed permit parking area, the following criteria shall apply:
Fifty-one or more of eligible residents and businesses, whose
ballot has been received by the parking permit coordinator during
the period allotted for voting, must indicated by ballot vote
that they ARE NOT in favor of establishing the permit parking
area by checking the "no" (not in favor of) choice listed on the
ballot. For areas qualifying as a seasonal parking area, no
ballot shall be required. Only a public hearing with residents
indicating their favor with the change shall be required.
1. * * *
2. Should the official ballots received by the parking
permit coordinator by the deadline date specified to receive such
ballots, when tallied, fall below the required fifty-one percent
or more of residents and businesses indicating they ARE NOT in
favor of establishing permit parking, it shall be assumed that a
majority of residents and businesses in the area are in favor of
permit parking. The parking permit coordinator shall then
9
favorably recommend to the transportation engineer the
establishment/creation of the proposed city permit parking area.
3. Should the official ballots received by the parking
permit coordinator within the deadline date specified to receive
such ballots, when tallied, meet the required fifty-one percent
or more of residents and
businesses indicating they ARE NOT in favor of establish permit
parking, the area designation process will cease and the parking
permit coordinator will take no further action related to
establishing permit parking for
the area. No new applications for permit parking for the area
will be accepted for a period of one (1) year from the date on
which the said balloting period expired.
F. Upon receipt of the parking permit coordinator's
favorable recommendation to establish a permit parking program
for the area, the transportation engineer, as soon as practicable
consistent with scheduling constraints, shall fix a time, date
and location for a public hearing to consider the parking permit
coordinator's recommendation to designate the proposed area of
city permit parking area where curb parking is restricted or
allowed by permit only. Said hearing shall also be conducted for
comment and analysis to determine the boundaries as well as the
10
appropriate area rules and regulations, parking restrictions,
issuance of permits, fees and other pertinent matters.
G. At least ten days prior to the hearing date, written
notice of the public hearing(s) provided for herein shall be (1)
published in a newspaper of general circulation, (2) posted not
more than four hundred feet apart along the streets proposed in
the permit area, and (3) mailed to the listed residents,
owners and those institutions known to parking permit coordinator
to generate a significant volume of commuter parking in the
neighborhood. The notice shall clearly state the purpose of the
hearing, the location of the hearing, the proposed boundaries of
the permit area, the proposed permit fee schedules and formulas
for issuance, and the location where the parking permit
coordinator's recommendation is on file and available for public
review.
H. Any interested party shall be entitled to appear and be
heard on the proposal, subject only to reasonable rules of order
that may be established by the transportation engineer.
12.64.060 Area designation -Transportation Engineer actions.
A. Within thirty days following the hearing,
transportation engineer shall deny or approve the designation of
11
a city permit parking area as he deems justified under the
objectives and procedures above. The transportation engineer
shall reduce his decision to writing in the form of a report that
shall be filed with the city recorder, accompanied by the parking
permit coordinator's recommendation related to the permit parking
area and made available to any interested party upon request.
B. The transportation engineer's report shall include:
1.
2.
3.
* * *
4. The transportation engineer's approval (or denial) of
the proposed permit parking area;
and, if approved:
5. * * *
6. * * *
7. * * *
C. If the transportation engineer approves creation of a
city permit parking area, a declaration of designation shall be
prepared as an administrative regulation establishing the program
for the area, including the boundaries, parking regulations,
fees, and other pertinent matters, for its administration and
implementation. The declaration shall be mailed to each listed
12
address in the area designated boundaries. The parking permit
coordinator shall promptly implement the program pursuant to the
schedule. If the transportation engineer denies the creation of a
city permit parking area, a notice of such denial shall be mailed
to each listed address in the area designated boundaries.
D. Information generated through the original designation
process and the designation criteria set forth in this chapter
shall also be utilized by the transportation engineer in
determining whether to remove any particular existing city permit
parking area or portion thereof from designated status and
participation in the program.
E. Action by the transportation engineer in creating,
deleting or modifying the boundaries applicable in city parking
permit areas under this chapter, shall be final. However, the
city council may agree to review and to modify such decision(s)
by a vote of at least four of its members.
F. The transportation engineer's decision shall be stayed
by the filing of a written objection requesting city council
review, provided the objection is filed within fifteen days of
the filing of the report. The objection shall specify grounds
upon which council review is justified. If accepted for review,
the matter shall be scheduled for public hearing before the city
13
council, with the mailing of ten days' written notice thereof to
the appellant, petitioner of record and the transportation
engineer. An objection failing to receive the necessary votes for
review shall be deemed an affirmation of the transportation
engineer's decision.
G. Actions by the transportation engineer as to the
implementation and enforcement shall be considered administrative
matters.
12.64.070 Signs and markings in designated areas.
Upon the declaration of the transportation engineer
designating a city permit parking area, the parking permit
coordinator shall cause appropriate signs, markings and/or meters
to be erected in the area, indicating prominently thereon the
parking regulations, the effective date, and conditions under
which permit parking shall be exempt therefrom.
12.64.080 Parking permit -Application- Term.
Each parking permit issued by the parking permit coordinator
office shall be valid for one year or
portion thereof to be determined by the parking permit
coordinator excluding visitor permits. Permits shall not be
14
transferable, but may be renewed annually upon reapplication in
the manner required by the parking permit coordinator. Each
application or reapplication for a parking permit shall contain
information sufficient to identify the applicant's identity,
claim for permit eligibility, authorized residence or business
within the city
permit parking area, the license number of the motor vehicle for
which application is made, and such other information that may be
deemed relevant by the parking permit coordinator. Applications
shall be accompanied by the fee established in the declaration
referred to in Section 12.64.070.
12.64.090 Parking permit -Fees.
To defray program administration costs, fees associated with
the city parking permit program shall be established by the
declaration of the transportation engineer applicable to the city
permit parking area.
The fees shall be as follows:
A.
B.
C.
D.
* * *
* * *
15
12.64.100 Parking permit -Issuance conditions.
A. Parking permits shall be issued by the parking permit
coordinator's office. Each such permit shall be designed to state
or reflect thereon the particular city permit parking area. No
more than one parking permit shall be issued for each motor
vehicle included on the application. The number of permits
available and the manner for allocating permits between various
competing resident (as opposed to commuter) vehicles, and the
manner in which the process will be administered for each
designated area in the program shall be established by the
transportation engineer's declaration of designation.
B.
C.
*
12.64.110 Parking permit -Display required.
*
12.64.120 Parking permit -Activities permitted.
*
12.64.130 Temporary visitor permits.
Each declaration shall authorize the parking permit
coordinator to issue temporary visitor parking permits to
16
residents and businesses located within designated permit areas
for use of their bona fide transient visitors, service persons,
and construction personnel for a limited duration not to exceed
forty-five days. Prior to expiration, a vehicle bearing a visitor
permit shall have all the parking rights, obligations and
privileges held by permanent permits. Appropriate requirements or
limitations on visitor permits, methods and qualification for
fees, shall be recommended in each permit parking area by the
parking permit coordinator and contained in the transportation
engineer's declaration.
12.64.140 Parking permit -Revocation conditions.
A.
*
2. The parking permit coordinator is authorized to revoke
the city parking permit of any person
found to be in violation of this chapter, and upon written
notification thereof, the person shall surrender such permit to
the parking permit coordinator. Failure, when so requested, to
surrender a city parking permit so revoked shall constitute an
infraction.
17
3. In the event the parking permit coordinator has good
cause to believe that any person or entity
is abusing the visitor permit system described above, he shall so
notify the permit holder. Any further application for a visitor
permit by such person found abusing the system may be denied for
a period of not more than one year.
B. Any person aggrieved by such a determination made by
the parking permit coordinator under subsections A2 and A3 of
this section shall have the right to appeal to the transportation
engineer within seven days of such determination.
12.64.150 Enlargement of area.
Upon recommendation from the parking permit coordinator that
the designation criteria and circumstances indicate that
enlargement of an existing permit parking area is warranted and
appropriate, the transportation engineer may begin proceedings to
enlarge the area by initiating the following procedure:
A. * * *
B. * * *
1. * * *
2. A description of the transportation engineer's
intentions to enlarge the existing permit parking area.
3. * * *
18
4.
* * *
C. The hearing shall be conducted as provided under
subsection H of Section 12.64.050. The transportation engineer
shall take into account the factors justifying the permit parking
area expansion in accordance with subsection C of Section
12.64.040, with the exception that the requirement stated in
subdivision 4 of said subsection C shall not be considered.
D. Within thirty days of the public hearing the
transportation engineer shall approve or deny the proposed permit
area enlargement. The director of community and economic
development shall reduce his decision to writing in the form of
a report that shall be filed with the city recorder and made
available to any interested party upon request. The report shall
follow the format outlined in subsection B of Section 12.64.060.
E. * * *
12.64.160 Removal of area designation or deletion of streets.
Upon recommendation from the parking permit coordinator that
the designation criteria and circumstances indicate that removal
of permit designation from an entire permit parking area is
warranted and appropriate, the transportation engineer may begin
19
proceedings to delete a permit parking area or selected streets
of a permit parking area by initiating the following procedure:
A.
B.
*
*
2. A description of the transportation engineer's
intention to remove from designation a permit parking area or to
delete certain streets (or portions thereof) from an existing
permit parking area.
3.
*
C. The hearing shall be conducted as provided under
subsection H of Section 12.64.050. The transportation engineer
shall take into account the factors justifying the proposed
removal of area permit parking designation or the proposed
deletion of certain streets (or portions thereof) from an
existing permit parking area.
D. Within thirty days of the public hearing the
transportation engineer shall approve or deny the proposed
removal from permit designation of an entire permit parking area
or the proposed deletion of certain streets (or portions thereof)
from an existing permit parking area. The transportation engineer
shall reduce his decision in writing in the form of a report that
shall be filed with the city recorder and made available to any
20
interested party upon request. The transportation engineer's
report shall include:
1. * *
2. * * *
3. * * *
4. The transportation engineer's approval (or denial) of
the proposed removal or deletion;
5. * * *
E. * * *
12.64.170 Modification of regulations.
Upon recommendation from the parking permit coordinator that
circumstances warrant modification to regulations or restrictions
governing an existing permit parking area the transportation
engineer may begin proceedings to make such modifications by
initiating the following procedure:
A.
B.
1.
* * *
2. A description of the transportation engineer's proposed
modifications to the existing permit parking area.
3. * * *
21
C. The hearing shall be conducted as provided under
subsection H of Section 12.64.050. The transportation engineer
shall take into account the factors justifying the proposed
modifications/changes to rules, regulations and/or restrictions
governing the existing parking permit area.
D. Within thirty days of the public hearing the
transportation engineer shall approve or deny the proposed
modification(s) to the permit area. Should the modification(s) be
approved, the parking permit coordinator shall be directed to
implement the change(s as soon as is practicable, consistent with
scheduling constraints. The permit area declaration of
designation shall also be amended to reflect the new, approved
modification(s) to the area rules, regulations and/or
restrictions.
12.64.180 Unlawful activities -Penalty.
A.
*
B. It is unlawful and a violation of this chapter for a
person to falsely represent himself as eligible for a parking
permit, or to furnish false information in an application
therefor to the parking permit coordinator office. Such violation
shall constitute a Class B misdemeanor.
22
C.
D.
*
*
SECTION 2. This ordinance shall take effect immediately
upon the date of its first publication.
Passed by the City Council of Salt Lake City, Utah this
01- day of Oc ob r , 1998.
ATTEST:
DEPUTY CITY RECSRDER
Transmitted to Mayor on
Octo6ser 6, Imo.
Mayor's Action: X X Approved.
MAYOR
23
AppOVFD
SO `' f Gilt'
Des
®'i
Vetoed.
AS TO FORM
Ai* fnwv ► Of%t►
Bill No. 69 of 1998.
Published:
ATTEST:
October 21, 1998.
g:\ordina98\amendments to chapter 12.64, city parking permit program - clean
24