Chapter 10.42
RESIDENTIAL PARKING PERMIT PROGRAM

Sections:

10.42.010    Definitions.

10.42.020    Designation of parking district.

10.42.030    Designation process and criteria.

10.42.040    Issuance and display of permits.

10.42.050    Establishment of initial charge and annual fee.

10.42.060    Parking permits issued.

10.42.070    Guest permits.

10.42.080    Temporary parking permits.

10.42.090    Replacement of permits destroyed, lost or stolen.

10.42.100    Posting permit area.

10.42.110    Restrictions on parking permit.

10.42.120    Exemptions.

10.42.130    Revocation of permit.

10.42.140    Violations.

10.42.150    Penalty.

10.42.010 Definitions.

For the purpose of this chapter, the following words and phrases are defined and shall be construed as set out in this section unless it shall be apparent from the context that they have a different meaning:

“Commuter vehicle” means a motor vehicle owned or controlled by a person who is not a resident of a residential parking permit area and is parked in a residential parking permit area.

“Director” refers to the director of public works or his or her designee.

“Resident” means a person who lives in a dwelling unit fronting a residential parking permit area.

“Residential parking permit area” means a street segment between intersections, designated by resolution of the city council, wherein vehicles displaying a valid parking permit shall be exempt from parking restrictions established pursuant to the provisions of this chapter. All applicable California Vehicle Code and Marina Municipal Code sections shall be observed. (Ord. 99-02 § 1 (part), 1999)

10.42.020 Designation of parking district.

The city council of the city may designate, by resolution, upon the streets thereof, the residential parking districts and the director is authorized to establish parking restrictions. The resolution shall establish the streets and boundaries of such districts. (Ord. 99-02 § 1 (part), 1999)

10.42.030 Designation process and criteria.

A.    Petition of Residents. The director is authorized to establish districts upon the following criteria:

1.    Upon receipt of a written request for a permit parking district, the director shall create a petition with all the addresses of the affected properties. The petition shall be circulated by the requesting party to obtain the signatures, phone numbers and any other data requested by the director of the residents of the affected properties. A letter shall be sent to all the affected properties notifying the residents that a permit parking district is being considered and shall list the requester’s name and phone number. Upon receipt and verification of the petition signed by persons occupying dwelling units comprising not less than seventy-five percent of the developed frontage of the street proposed for designation, the director shall undertake such surveys or studies as are deemed necessary to determine whether a street should be designated as a residential parking district.

2.    Findings of Need and Necessity. Each permit parking zone shall be designated only upon findings by the director that such zone: (1) is necessary to provide reasonably available and convenient parking for the benefit of the adjacent residents; (2) that the proposed zone is desirable to encourage the use of car pooling; (3) enhances or protects the quality of life in the area of the proposed zone threatened by litter, noise, traffic hazards, environmental pollution or devaluation of real property resulting from commuter vehicular traffic and parking; and (4) encourages commuter vehicles to park in designated off-street parking facilities. The director may recommend to the city council that the street be designated as a residential parking district. The proposed parking district shall consider surrounding streets that could be affected if the requested street becomes a permit parking district. If it is determined that the surrounding streets will be affected such streets shall be included as part of the proposed permit parking district. The residents of the streets proposed for addition to the district shall be notified and their responses counted and included in the calculations of subsection (A)(1) of this section.

B.    Factors to Be Considered. In determining whether a street identified as eligible for designation as a residential parking area may be so designated, the director shall consider factors and criteria that include, but are not limited to, the following:

1.    The extent to which the residents desire and need permit parking and their willingness to bear the administrative and all permit costs in connection therewith (Chapter 3.24, Section 3.24.040 item numbers 60.5 and 60.6);

2.    The extent to which legal on-street parking spaces are not available for the use of residents and their guests because they are occupied by commuter vehicles;

3.    Whether other regulatory measures would better solve the problem, e.g., parking restrictions and strict enforcement of such restrictions. (Ord. 99-02 § 1 (part), 1999)

10.42.040 Issuance and display of permits.

Parking permits for residential parking permit areas, valid for one calendar year, shall be issued by the director. Permits may be renewed annually upon reapplication in the manner required by the director. Each application or reapplication for a parking permit shall contain information sufficient to identify the applicant, his or her residence address or address of real property owned or leased within a residential permit parking area, the license number(s) of the motor vehicle(s) for which application is made, and such other information as may be deemed relevant by the director or chief of police, or his or her designee(s. Permittees shall display the residential parking permit as follows:

A.    The permit may be hung on the rear view mirror so that it is plainly visible through the windshield from the exterior to the vehicle while the vehicle is parked; or

B.    The permit may be placed upon the dashboard of the vehicle so that it is plainly visible through the windshield from the exterior of the vehicle; or

C.    The permit may be attached to the left rear portion of the vehicle so as to be plainly visible from the street.

D.    Motorcycles shall display the permit on the front fender or front fork. (Ord. 99-02 § 1 (part), 1999)

10.42.050 Establishment of initial charge and annual fee.

An initial charge shall be established for each dwelling unit with frontage within the designated street, and shall be based on the costs to establish the district. Such costs shall include, but are not limited to, installation of signs, curb markings and other devices to define the district. The initial charge shall be equal for each dwelling unit included in the district and shall be paid only one time for each such dwelling unit. The department of public works shall maintain a record of each unit and payment therefrom.

A permit fee shall be set by resolution of the city council for issuance of annual permits and renewal. The following shall require a permit fee;

A.    Issuance of initial permit(s);

B.    Renewal of an existing permit;

C.    Obtaining an additional permit for an additional vehicle, nor to exceed four (4) resident permits per dwelling unit;

D.    New resident of a dwelling unit for which the initial charge has been paid. The permit fee shall be established by resolution of the city council and shall be prorated in two six-month increments. The full fee shall be paid if a permit is requested any time within the first six months of the permit issuance period A resident requesting a permit in the second six months of the permit issuance period shall pay one-half of the established fee. (Ord. 99-02 § 1 (part), 1999)

10.42.060 Parking permits issued.

Upon receipt of appropriate fees and application, the director shall issue one parking permit for each resident vehicle applied for, up to a maximum of four resident permits per dwelling unit. If the vehicle for which a permit has been issued has been sold or otherwise disposed of, and a substitute vehicle acquired, the permit may be used in the substitute vehicle provided the director is informed in writing of the change and given the necessary information regarding the substitute vehicle. If the existing permit is destroyed or is unusable for the new vehicle a new permit shall be purchased. (Ord. 99-02 § 1 (part), 1999)

10.42.070 Guest permits.

In addition to the regular resident permits issued for each dwelling unit, two guest permits will be issued to the permittee free of charge. These guest permits shall be valid for the same period as the annual permit and shall be reissued in the same manner. A minimum of one resident permit shall be purchased to obtain the guest permits. (Ord. 99-02 § 1 (part), 1999)

10.42.080 Temporary parking permits.

In addition to the regular resident permits and the guest permits, and upon receipt of appropriate fees and application, temporary parking permits may be issued for a one-time special event. After receiving a written request with at least ten working days advance notice, permits may be issued to the permittee if the permittee is on file as a current parking permit holder. All applicable California Vehicle Code and Marina Municipal Code sections shall be observed. (Ord. 99-02 § 1 (part), 1999)

10.42.090 Replacement of permits destroyed, lost or stolen.

Upon payment of a fee established by resolution of the city council, a residential parking permit or a guest permit that has been destroyed, lost or stolen may be replaced with a new permit. The destroyed, lost or stolen permit shall be considered void. Use of any such voided permit it prohibited. (Ord. 99-02 § 1 (part), 1999)

10.42.100 Posting permit area.

Upon adoption by the city council of a resolution designating a residential parking permit area, the department of public works shall cause appropriate signs to be erected, indicating prominently thereon the parking limitation(s), period(s) of the day for its application and the fact that motor vehicles with valid permits shall be exempt therefrom. (Ord. 99-02 § 1 (part), 1999)

10.42.110 Restrictions on parking permit.

Notwithstanding other provisions of this chapter, the following restrictions shall apply:

A.    A residential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space in a designated residential parking permit area.

B.    All applicable California Vehicle Code sections and the Marina Municipal Code shall be observed. (Ord. 99-02 § 1 (part), 1999)

10.42.120 Exemptions.

The following vehicles shall be exempt from the parking restrictions imposed by this chapter:

A.    A motor vehicle owned by or operated under contract to a utility, whether privately or publicly owned, when used in the construction, operation, removal or repair of utility property or facilities or engaged in authorized work in the designated residential parking permit area;

B.    A motor vehicle identified as owned by or operated under contract to a governmental agency and being used in the course of official government business;

C.    A commercial vehicle, private vehicle or trailer while loading or unloading property, or when such vehicle is parked in connection with or in aid of the performance of a service to or on real property in the residential parking permit area in which such commercial vehicle, private vehicle or trailer is parked;

D.    Any authorized emergency vehicle as defined by California Vehicle Code Section 165.

The curb parking area within the boundaries of any public facility shall be exempt from the provisions of this chapter. The director shall install signs indicating the limits of such areas. (Ord. 99-02 § 1 (part), 1999)

10.42.130 Revocation of permit.

The director may revoke a residential parking permit for one (1) year if a permittee has:

A.    Falsely represented himself as eligible for a parking permit or furnished false information in an application for a parking permit;

B.    Copied, reproduced or created a facsimile or counterfeit parking permit, or used, displayed or permitted use or display of a facsimile or counterfeit residential parking permit.

When a parking permit is to be revoked, the director or his or her designee, shall give the permittee fifteen days’ notice of his or her intention to do so by mail, postage prepaid, addressed to the permittee at the address shown on the permit application. The permittee shall immediately surrender such permit to the director unless he or she files an appeal prior to the expiration of the fifteen-day period with the city manager for an administrative review. The city manager may confirm, overrule or modify the decision of the director to revoke such permit, and the decision of the city manager shall be final. (Ord. 99-02 § 1 (part), 1999)

10.42.140 Violations.

A.    No vehicle shall be parked or stopped adjacent to any curb in a permit parking zone in violation of any posted or noticed prohibitions or restrictions, posted or noticed under the provisions of this chapter, unless such vehicle shall have prominently displayed on a designated location upon such vehicle, a permit indicating an exemption from such restriction or prohibition.

B.    It is unlawful for any person to allow the use of, transfer, sell, rent or lease, or cause to be used, transferred, sold, rented or leased for or without any value or consideration any parking permit. Upon conviction of a violation of this subsection, all permit parking permits issued to or for the benefit of the dwelling unit for which the used, transferred, sold, rented or leased permit was authorized shall be void.

C.    It is unlawful for any person to borrow, buy or otherwise acquire for value or use any permit parking permit, except as provided for in this section. (Ord. 99-02 § 1 (part), 1999)

10.42.150 Penalty.

Any person violating any of the provisions of this chapter shall be deemed to be guilty of an infraction, and upon conviction thereof under the provisions of this section shall be punished by (1) a fine of not more than twenty-five dollars for the first violation; (2) a fine of not more than fifty dollars for a second violation; and (3) a fine not exceeding one hundred dollars for each additional violation of the same section within one year. Each such person shall be guilty of a separate offense for each and every day during which any violation of any provision of this chapter is committed, continued, or permitted by such person, and shall be punished accordingly. (Ord. 99-02 § 1 (part), 1999)