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HomeMy WebLinkAbout1883 - Adding Chapter 12.68 to the Newport Beach Municipal Code Relating to Residents' Parking Regulations and Permits and Establishing a Residents' Parking Permit System for Newport IslandORDINANCE NO. 1883 • AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 12.68 TO THE NEWPORT BEACH MUNICIPAL CODE RELATING TO RESIDENTS' PARKING REGULATIONS AND PERMITS AND ESTABLISHING A RESIDENTS' PARKING PERMIT SYSTEM FOR NEWPORT ISLAND The City Council of the City of Newport Beach DOES ORDAIN as follows: Section 1. Chapter 12.68 is added to the Newport Beach Municipal Code to read as follows: "Chapter 12.68 RESIDENTS' PREFERENTIAL PARKING • 12.68.010 Legislative Findings. The City Council finds that this chapter is enacted in response to the serious adverse effects caused in certain residential areas and neighborhoods of the City by motor vehicle congestion, particularly parking on residential streets and alleys to the detriment of the residents therein. In order to protect and promote the integrity of these areas and neighborhoods, it is necessary to enact parking regulations, restricting unlimited parking by non - residents therein, while providing an opportunity for residents to park near their homes. Uniform parking regulations restricting residents and non - residents alike would not serve the public interest. Further, for the preservation of safe, healthy and attractive - neighborhoods and residential areas, this chapter is adopted to establish a system of preferential • resident parking. The City Council has considered the facts and finds that the livability of residential neighborhoods has deteriorated by the practice of non - residents parking in these areas for extended periods of time. Further, there exists within • the City certain areas which attract parking by non - residents which further exacerbates the residential parking problem. 12.68.020. Residential Streets and Alleys: Establishment of Preferential Parking Zones. The City Council may designate, by Ordinance, certain residential streets or alleys or any portions thereof, as preferential parking zones for the benefit of residents adjacent thereto, in which zones vehicles displaying a permit or other authorized indicia may be exempt from parking prohibitions or restrictions otherwise posted, marked or noticed. Each preferential parking zone shall be designated only upon the City.Council finding that such zone is required to enhance or protect the quality of life in the area of the proposed zone threatened by noise, traffic hazards, • environmental pollution or devaluation of real property resulting from long -term non - residents' parking, that such zone is necessary to provide reasonably available and convenient parking for the benefit of the adjacent residents, and that the proposed zone is desirable to alleviate traffic congestion, illegal parking and related health and safety problems. No preferential parking restrictions shall apply until signs or markings giving adequate notice thereof have been placed. Section 12.68.030. Preferential Parking Zones: Criteria for Determination of Findings The findings referred to in Section 12.68.020 of this Chapter shall be based upon the following criteria established to the satisfaction of the City Council: • (a) The parking in the area by non - residents does substantially and regularly interfere with the use of the majority of the available public street or alley parking spaces by adjacent residents; 2 (b) That the interference by the non - residents' parking • referred to in subsection (a) of this section, occurs at regular and significant daily or weekly intervals; (c) That non - residents' parking is a source of unreasonable noise, traffic hazards, environmental pollution or devaluation of real property in the area of the proposed zone; (d) That the majority of the residents adjacent to the proposed zone desire, agree or request preferential parking privileges; (e) That no unreasonable displacement of non - resident vehicles will occur in surrounding residential areas; (f) That a shortgage of reasonably available and convenient residentially related parking spaces exist in the area of the proposed zone; and (g) That no alternative solution is feasible or practical • Section 12.68.040 Preferential Parking Privileges: Issuance of Permits. (a) Issuing Authority. The Finance Director shall issue permits for preferential parking. Applicants for such permits may be required to present such proof, as may be required by the Finance Director, of residence adjacent to the area designated as a preferential parking zone. Not more than two (2) permanent permits shall be issued for each qualified dwelling unit to any qualified applicant. Not more than one (1) visitor permit shall be issued for each qualified dwelling unit to any qualified applicant. (b) Fees. The Finance Director shall collect a fee of $10.00 for each permit issued pursuant to this section, whether • permanent or visitor. (c) Duration of Permits. Permits issued pursuant to this section shall remain effective for one year, commencing 3 • • January 1, and ending December 31, or fraction thereof, or until the preferential parking zone for which such permit was issued was eliminated, whichever period of time is less. (d) Conditions of Permits. Each permit issued pursuant to this section shall be subject to all the conditions and restrictions set forth in this chapter and of the preferential parking zone for which it was issued, including conditions or restrictions which may be altered or amended from time to time. The issuance of such permit shall not be construed to be a permit for or approval for any violation of any provision of this code or any other law or regulation. Section 12.68.050. Prohibitions (a) No vehicle shall be parked or stopped adjacent to any curb or allowed alley parking in a preferential parking zone in violation of any posted or noticed prohibition or restriction, unless such vehicle shall have prominently displayed, on or by the left rear bumper thereof a permit indicating an exemption for such restriction or prohibition. Visitor permits, however, must be displayed as required by the terms of said permit and be visible from the outside of the vehicle. (b) It shall be unlawful for any person to sell, rent or lease, or cause to be sold, rented or leased, for any value or consideration any preferential parking permit, except by the issuing authority. Upon the conviction of a violation of this subsection, all preferential parking permits issued to, or for the benefit of, the dwelling unit for which the sold, rented or leased permit was authorized shall be void. (c) It shall be unlawful for any person to buy or otherwise acquire for value or use any preferential parking permit, except as provided in this chapter. 4 (d) Any vehicle having issued to it a permanent or visitor's permit which is not properly displayed, shall be deemed • in violation of this chapter. The fact that a permit had been issued to the vehicle but the permit was not properly displayed shall not be a defense or considered by the Court in determining whether or not a violation of this chapter has occurred. 12.68.060. Preferential Parking zones: Locations and Restrictions. The following locations are hereby declared to be preferential parking zones, subject to the provisions of this chapter and the times and manner of restriction or prohibition indicated: (a) zone "1" - Newport Island. No parking shall be permitted at any time on Newport Island, between June 15, and the following September 15 of any year, except by permit." SECTION 2. This Ordinance shall be published once in • the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of June 1981, and was adopted on the 14th day of July 1981, by the following vote, to wit: • ATTEST: City Clerk Wanda E. Andersen AYES, COUNCIL MEMBERS Heather, Hart, C,= and mwmE NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS Maprer 5 HRC /pr 6/22/81