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Citizen Petition for Residential Parking Permit District ~-,,~ ., j; .0.- Y/~t/;' '/ ' ; / .', ~-;; v& /--1' -~J/-5 ""-- Patrick and Marilyn MuHigan 1626 Amy Court Dubuque, IA 52002 Office Ph: 589-6790 Home Ph: 583-2262 To: Dubuque City Clerk This petition concerns the adoption of a Residential Parking Permit Designation on Amy Court, Dubuque, Iowa. Students from Hempstead High School have consistently shown disrespect with reckless driving and parking habits on our street. Often many of the Amy Court residents haven't received mail because of students parking in front of mailboxes. Trespassing and littering are both issues along with obnoxious behavior among the students parking in our neighborhood. Amy Court Cul-de-sac has had quite a turnover in residents in the last three years. Could you please make Amy Court a residential parking permit designation area once again. Eighty three percent (83%) of the residents on our street approve of this idea. You will tind the map below and signed petition following: .J:z? d11o/n 11;t.{~r MAP OF AMY COURT / V ;;<? 1/ mf/ Cf + 8tl,btf~'.tt I II/ v '7 ~{J();;; .3 /9/ 5? 3 -- ;? ;:; t;.( ~Hempstead High sChroff --- ---: PtM 1V~/(/4,v14 AVE North a \u C ('-.J CD ~ 0 \,) ~. ('oJ .;.:::: ~ Cl! .....~ (~ - -'~ -- ~ G c- , :) ':J ~.; c: 1..::> .. ~_~,i W '3 - j - Lt, c,) -'-) ...:',-:J ~ CC l4.J _.J Q2 Q 2~,O '::) 0 < C.:::J ~ CI1Y or DUUUQUE, IOWA PETITION FOR RESIDENTI^l P^RKING PERMIT DISTRICT DESIG"^TION o ) ,: We, the undersigned citizens, residing on the following street(s) respectfully petition lhe CHy CouncH to establish a Residential Parking ",ermil District (RPPD) with the following boundaries 0+ Amy (-cLu-+ between the hours of 7~oO ANI and 3 'co PM da 11y. except ~ays ana hol idays. * Streets included within the requested RPPD include '1 ~J 1 J~ j S S a..t- - s \.V') Clnd KOlle\~'i. We ~ign with the knowledge that if a Residential Parking Permit District is designated an annual fee of ten dollars ($10.00) shall be charged per vehicle for a Residential Parking Permit; not more than two (2) Residential Parking Permits shall be issued to any dwell ing unit, and only vehicles with a permit shall be allowed to park curb side in the district between the hours identified above and as identified by City Council. (The annual fee is subject to change by City Council action.) * Cover letter explaining request and map showing the boundaries of the proposed district must accompany petition. DATE ]'v ~-€- q 6", ?inH~ l-( ~ . -(- ~" t.-! ~ JkJlb ~7t { o--!j",DD (.,~DO r;h ~ S--oo -7-ctJ I() -t?3-CKJ /010< 7jcro 7..000 ::JtJOO j.,O/)O ~ 32.374 DUBUQUE CODE meter district only, when additional temporary parking stalls are required to accommodate dis- abled parking persons. (b) Parking meter hoods shall be white in color and be embossed with the international symbol of accessibility signifying utilization by a disabled person parking patron only. (c) The city manager shall establish fees for uti- lization of the hoods. A deposit fee of fifteen dol- lars ($15.00) per hood to cover the cost of the hood and lock shall be paid prior to the leasing of the hood. (Ord. No. 55-92, ~ 2, 7-20-92; Ord. No. 34-93, ~~ 42, 43, 6-21-93; Ord. No. 7-94, ~ 10, 11, 2-7-94) Sec. 32.375. Reserved time.designated dis. abled person parking stalls. Parking places posted as reserved time- designated disabled person parking stalls shall be identified with a disability parking sign bearing the international symbol of accessibility and the day and/or hours of the reserved disabled person parking. (Ord. No. 34-93, ~ 44, 6-21-93; Ord. No. 7-94, ~ 12, 2-7-94) Sec. 32-376. Special prepaid parking permits for specific wheelchair. dependent disabled persons. (a) Special prepaid parking permits for specific wheelchair-dependent disabled persons shall be issued on an annual basis by the parking division to specific wheelchair-dependent disabled persons for use by such persons for parking in the parking meter district. (b) The purpose of a special prepaid parking permit is to provide short-term parking privileges to certain disabled persons. Parking pursuant to such permits shall be limited to a maximum of two (2) hours at a metered stall. (c) A special prepaid parking permit shall ex- empt the person to whom the permit is issued from the provisions of this chapter, requiring the depositing of coins in a parking meter at a me- tered stall where such person parks a vehicle. Supp. No. 18 (d) A special prepaid parking permit shall be issued by the parking division upon the filing with the division of a permit application and the pay- ment of an annual fee, if the applicant establishes the following: (1) The applicant is a wheelchair-dependent disabled person who is the operator of a specially equipped van for wheelchair- dependent disabled persons; (2) Such person cannot negotiate curbings and/or curb cuts to reach parking meters; (3) Such person is not physically capable of in- serting coins into a parking meter and ac- tivating the parking meter handle; and (4) Such person cannot retrieve parking tickets from the windshield of the vehicle. (Ord. No. 7-94, ~ 13, 2-7-94) Sees. 32.377-32.380. Reserved. DMSION 7. RESIDENTIAL PARKING PERMIT PROGRAM Sec. 32.381. Intent and purpose. The city council of the City of Dubuque, Iowa, finds and declares that the provisions of this di- vision are enacted for the following reasons: (1) To reduce the traffic congestion resulting from the use of streets within residential districts for vehicles parked by persons not residing within the residential district; (2) To protect the residential districts from pol- luted air, excessive noise, and refuse caused by the entry of such vehicles; (3) To protect the residents of these residential districts from unreasonable burden in gaining access to their residences; (4) To preserve the character of these districts as residential districts; (5) To preserve the value of the property in these residential districts; (6) To promote traffic safety and the safety of children and other pedestrians in these res- idential districts; 2060 MOTOR VEHICLES AND TRAFFIC (7) To forestall dangers arIsIng from the blocking of fire lanes, hydrants and other facilities required by emergency vehicles, both in reaching the victim and in trans- porting them to the hospital; and (8) To promote the peace, comfort, convenience, and welfare of all inhabitants of the city. (Code 1976, ~ 25-350) Sec. 32.382. Definitions. For the purpose of this division, the following terms shall have the meanings listed below: Block face shall refer to all the properties on one side of a given street existing between two (2) consecutive intersecting streets; Dwelling unit shall mean a building or portion of a building which is exclusively arranged, occu- pied, or intended to be occupied as living quarters for one family, but not including dwelling units in hotels, rooming houses, institutions, dormitories, or convalescent or nursing homes. Motor vehicle shall mean a vehicle licensed as a private passenger car or a motorcycle or light pickup truck but not including any other truck or road tractor. Peak period shall mean that time interval be- tween the hours of 7:00 a.m. and 5:30 p.m. daily or between such hours as requested by the peti- tioners during which the highest percentage of overall resident and nonresident parking utiliza- tion occurs. Resident shall mean a person who maintains a bona fide occupancy within a residential parking permit district. Residential district shall mean a contiguous area containing public streets or parts thereof abutted by residential property, or residential and non- business property including, but not limited to, schools, parks, churches, hospitals and nursing homes. Residential parking permit district shall mean a residential area designated by ordinance as herein provided. (Code 1976, ~ 25-351; Ord. No. 7-94, ~ 14, 2-7-94) Supp. No. 18 ~ 32-383 Sec. 32.383. Residential parking permit pro. gram established. There is hereby established a residential parking permit program. The procedure for being designated a residential parking permit district shall be as follows: (1) Petition: In order to be considered for a res- idential parking permit district designa- tion, a group of residents must submit a petition to the city manager containing the signature of an adult member of at least sixty (60) percent of the dwelling units in the residential area. Petitions shall only be considered for areas which contain at least four (4) adjacent block faces or fifty (50) curb parking spaces. The boundaries of and the streets within the proposed permit parking district shall be clearly identified on each page of the petition. The petition shall also state clearly that, if the district is approved that participation in the program is man- datory, only those vehicles with a permit shall be permitted to park in the residen- tial parking permit district between 7:00 a.m. and 5:30 p.m. daily, or such other hours as may be requested by the petition and approved by the city council, except Sun- days and holidays, and an annual fee of ten dollars ($10.00) will be charged for a parking permit for each vehicle. The nec- essary petition can be obtained from the office of the city clerk. A cover letter ex- plaining the reasons for the request and a map showing the boundaries of the pro- posed parking permit district shall accom- pany the petition. (1.5) Exception: A petition may be considered for an area which contains less than four (4) adjacent block faces or fifty (50) curb parking spaces if there are extenuating con. ditions that render such requirement un- reasonable. Upon the recommendation of the city manger, such requiremenf may be waived by the city council if it Ij nds that the proposed residential district i~; isolated or separated from other resident.ial areas by topographical features or by cOlllmercial area. The city council shall not grant such a waiver, however, ifit determines that the 2061 !l 32-383 DUBUQUE CODE only basis for granting such a waiver is the convenience of the residents or if it deter- mines that the waiver is being requested by the petitioners to prevent opposition to establishing a district. All other require. ments of this division must be established. (2) Parking study: Upon receipt of a valid pe- tition, the city manager shall cause a parking study of the area identified in the petition to be conducted. A residential parking permit district may be established only if the results of the study demonstrate that both of the following criterion are sat- isfied during peak periods: a. At least eighty (80) percent of the curb- side parking spaces in the proposed parking permit district were utilized during peak periods. For purposes of this criterion, a legal curbside parking space shall be twenty-three (23) linear feet; and b. At least twenty-five (25) percent of the curbside parking spaces in the proposed parking district were utilized by non- resident parkers. For purposes of this criterion, the latest available motor ve- hicle registration information shall be used. (3) Par/ling study report and recommendation: Upon completion of the parking study, if the conditions of (2)(a) and (2)(b) are estab- lished, the city manager shall make a re- port and recommendation to the city council, based upon the petition and results of the survey, on whether or not to desig. nate the proposed parking district or a por- tion thereof as a residential parking permit district and the hours such restrictions are to be in effect. The recommendation shall take the following into account: a. The effect on the safety of the residents of the proposed residential parking permit district from intensive parking by nonresidents; b. The difficulty or inability of residents of the proposed residential parking permit district to obtain adequate curb- side parking adjacent to or near their Supp. No. 18 residences because of widespread use of available curbside parking spaces by nonresident motorists; c. The likelihood of alleviating, by use of the residential parking permit pro- gram, any problem of nonavailability of residential parking spaces; and d. The desire of the residents in the pro- posed residential parking permit area for the institution of a residential parking permit district and the will- ingness of those residents to bear the cost incidental to the administration of the residential parking permit pro- gram. (4) Public hearing: Upon receipt of the report and recommendation from the city man- ager, the city council shall set a public hearing on the petition. Upon completion of the public hearing, the city council may reject the petition or adopt an ordinance designating the permit area as a residen- tial parking permit district and the hours such parking restrictions are to be in effect. (Code 1976, ~ 25-352; Ord. No. 12-92, ~ 1, 2-3-92) Sec. 32.384. Posting of residential parking permit signs. Following adoption of an ordinance designating a residential parking permit district, signs shall be erected in the designated area indicating the hours which curbside parking in the designated area is prohibited, except Sundays and holidays, unless the vehicle properly displays a parking permit. (Code 1976, ~ 25.353) Sec. 32.385. Notice to residents of designa. tion of residential parking permit district. Following adoption of an ordinance to desig- nate a residential parking permit district, the city clerk shall mail to every dwelling unit within the designated district the following documents: (1) A notice of designation which shall inform the r-esidents in the designated area of: a. The existence, exact location and nu- merical designation of the residential parking permit district; 2062 MOTOR VEHICLES AND TRAFFIC ~ 32-386 b. The parking restrictions applicable to all vehicles curbside parking spaces along streets in the designated area which do not properly display a parking permit authorized by this division; and c. The procedures to obtain a residential parking permit. (2) An application for residential parking permit on which the applicant is to provide the following information for each vehicle to receive a residential parking permit: a. The name and residential address of the owner of the vehicle; b. The name, residential address and driv- er's license number of the principal op- erator of the vehicle; c. The make, model, license plate number and registration number of the vehicle; and d. The signature of the applicant for the residential parking permit: (Code 1976, ~ 25-354) Sec. 32.386. Issuance of residential parking permit. (a) A residential parking permit shall be issued upon the applicant's payment of an annual ten dollar ($lO.OOl residential parking permit fee and submission of a completed residential parking permit application. A separate parking permit fee and application is required for each motor vehicle the applicant parks curbside within the district. Not more than two (2) residential parking permits shall be issued to each dwelling unit. Supp. No. 18 2062.1 MOTOR VEHICLES AND TRAFFIC The permit fee shall be used to offset the cost of operation and administration of the residential parking permit program. Permit fees are not re- fundable or eligible for proration. One guest parking permit shall be issued without charge with each residential parking permit for use only by nonresidents of the resi- dential parking permit district. Up to two (2) guest parking permits for which an annual fee of five dollars ($5.00) per permit shall be charged may be issued to a dwelling unit wherein none of the residents own or operate a motor vehicle. (b) The residential parking permit shall be per- manently aIrlXed to the inside bottom left corner of the front windshield. Guest permits shall be displayed in the same location. Vehicles not equipped with a front windshield shall perma- nently aIrlX the permit in a prominent location. (c) No residential parking permit shall be is- sued for a vehicle whose owner or principal oper- ator is not a resident in the designated residential parking permit district. (d) The applicant for, and holder of, the residen- tial parking permit shall be the owner or prin- cipal operator of the vehicle receiving the parking permit. (Code 1976, ~ 25-355) Sec. 32.387. Renewal of residential parking permit. (a) The residential parking permit shall be re- newed annually during the month of August and expires on August thirty-first of each year. (b) Upon the permit holder's payment of a ten dollar ($10.00) residential parking permit renewal fee and submission of a completed residential parking permit application, the holder shall re- ceive a new parking permit valid for a one-year period. (Code 1976, ~ 25-356) Sec. 32.388. Transfer of residential parking permit. (a) Upon the permit holder's payment of a one dollar ($1.00) residential parking permit transfer Supp. No. 15 ~ 32-389 fee, the submission of a completed residential parking permit application and the surrender of the existing residential parking permit, the permit holder shall receive a new residential parking permit to be transferred to another qualifying ve- hicle. (b) The transfer of the residential parking permit to another qualifying vehicle shall not af- fect its expiration date. (Code 1976, ~ 25.357) Sec. 32.389. Responsibility of permit holder. (a) The holder of a residential parking permit or guest parking permit shall be permitted to stand or park a motor vehicle operated by such holder in the designated residential parking permit district during such time as the parking of such vehicles therein is permitted. While such vehicle for which a residential parking permit has been issued is so parked, or a vehicle displaying a visitor permit, such permit shall be displayed as prescribed in this division. (b) A residential parking permit or guest parking permit does not guarantee or reserve to the holder a parking space within the designated permit parking district. A parking permit does not authorize the standing or parking of any ve- hicle in such places and during such times as the stopping, standing or parking of vehicles is pro- hibited or set aside for specific types of vehicles, and does not excuse the violation of any traffic regulation in the residential parking district. (c) Whenever the holder of a residential or guest' parking permit, or the vehicle for which the parking permit was issued, no longer fulfills one or more of the applicable provisions of this divi- sion controlling issuance, renewal or transfer or parking permits, the holder shall so notify the city clerk's office. (d) Until its expiration, surrender or revoca- tion, a parking permit shall remain valid for such time as the holder continues to reside within the designated residential parking permit district. (e) A parking permit shall be valid only in the residential parking permit district for which it is issued. (Code 1976, ~ 25.358) 2063 ~ 32-390 DunUQUE CODE Sec. 32-390. Exceptions. (a) The provisions of this division shall not apply to clearly marked service vehicles doing business in the designated residential parking permit dis- trict during the time they are working in the dis- trict insofar as they are clearly marked. (b) Whenever metered parking is in effect in any portion of a residential parking permit dis- trict, this division shall not apply to such metered parking. (Code 1976, ~ 25-359) Sec. 32-391. Withdrawal of designation of res. idential parking permit district. (a) Action to withdraw a residential parking permit district designation may be made by a pe- tition signed by an adult member of at least sixty (60) percent of the dwelling units in the desig- nated district. (b) Upon receipt of a valid petition, the city council shall set a public hearing on the question of withdrawing the residential parking permit dis- trict designation. Upon completion of the public hearing, the city council may repeal the ordi- nance designating the residential parking permit district. (c) Following any repeal of the ordinance estab. lishing a residential parking permit district, the city clerk shall notify each resident within the district of such city council action. (d) The effective date of withdrawal of the des- ignation shall be upon publication of the repealing ordinance. (Code 1976, ~ 25.360) Sec. 32.392. Prohibited acts. It shall be a violation of this division for any person to: (1) Park or stand in designated districts during the restricted hours without displaying the proper permit; (2) Represent in any manner or form that a vehicle is entitled to a parking permit au- thorized by this division when it is not so entitled. The display of a parking permit Supp. No. 15 on a vehicle not entitled to such a parking permit shall constitute such a representa- tion. (3) Duplicate, or attempt to duplicate, by any means, a parking permit authorized by this division. It shall also be a violation of this division to display upon any vehicle such a duplicate parking permit. (Code 1976, ~ 25-361) Sec. 32.393. Penalty. (a) The owner or operator of any vehicle who shall receive notice, either personally or by the attaching of such notice to said vehicle, that said vehicle is parking in violation of section 32-392(1) of this division shall, within seventy-two (72) hours from the time when such notice is served upon the owner or operator or attached to said vehicle, pay to the city treasurer as a penalty for such viola. tion, the sum of five dollars ($5.00). (b) A violation of section 32-392(2) and (3) con. stitutes a simple misdemeanor. (Code 1976, ~ 25-362) Sec. 32.394. Residential Parking Permit Dis. trict uA". (a) The following described area constitutes a residential parking permit district designated as Residential Parking Permit District uA": Grace Street, from Ida Street to McCormick Street; McCormick Street, from Grace Street to Bennett Street; Bennett Street, from McCor. mick Street to Algona Street; and Algona Street, from Bennett Street to Grace Street. (b) No vehicle shall park curbside in Residen- tial Parking Permit District "A" during the hours of 7:30 a.m. to 11:00 p.m. daily, except Sundays and holidays, without displaying a valid parking permit issued by the city. (Code 1976, ~ 25-370) Sec. 32.395. Residential Parking Permit Dis. trict un." (a) The following described area constitutes a Residential Parking Permit District designated as Residential Parking Permit District "B": St. Mary's Street, from West Third Street to Emmett Street; Emmett Street, from St. Mary's 2064 MOTOR VEHICLES AND TRAFFIC Street to Bluff Street; and West Third Street, from St. Mary's Street to llIuff Street. (b) No vehicles shall park curbside in Residential Parking Permit District B during the hours of six o'clock (6:00) A.M. to ten o'clock 00:00) P.M. daily, except Sundays and holidays without displaying a valid parking permit issued by the City. (Ord. No. 14-92, ~ 4,2-17-92; Ord. No. 16-93, ~~ 4, 5, 4-5-93) Sec. 32-396. Residential Parking Permit District C. (a) The following described area constitutes a residential parking permit district designated as Residential Parking Permit District C: North Grandview Avenue, west side, from Rosedale Street to the north property line of 2165 North Grandview Avenue, east side, from Clarke Drive to the north property line of 2280 North Grandview Avenue; Clarke Drive from the east property line of 1687 Clarke Drive to St. Ambrose Street; Sunnyview Drive, from North Grandview Avenue to S1. Ambrose Street; Ungs Street, south side; and Hoyt Street; and (b) No vehicle shall park curbside in Residential Parking Permit District C during the hours of seven thirty o'clock (7:30) A.M. to ten o'clock 00:00) P.M. daily, except Sundays and holidays without displaying a valid parking permit issued by the City. (Ord. No. 20-95, ~ 4, 3-20-95) Sees. 32.397-32.405. Reserved. ARTICLE IX. IMPOUNDMENT OF VEHICLES DIVISION 1. GENERALLY Sec. 32-406. Intent and purpose. Supp. No. 24 ~ 32-420 This Article is enacted as an enforcement procedure for protection of the public peace, safety and welfare and shall be used generally for the prevention and removal of traffic hazards, prevention and abatement of public nuisances arising from traffic violations, and for the protection of public rights in the use of City streets and thoroughfares. (Code 1976, ~ 25-380) Sees. 32-407-32-410. Reserved. DIVISION 2. SCOFFLAW Sec. 32-411. Removal and impoundment. Any vehicle having against it five (5) or more unpaid violations issued within a twelve (12) month period, charging that such vehicle is parked, stopped or standing in violation of any law, ordinance or local authority of the City shall be deemed a public nuisance and the Police Department is hereby authorized to remove, or cause to be removed, such vehicle at the sole cost and expense of the habit.ual violator. The Police Department shall have the power and is hereby authorized to remove the vehicle by either private or governmental equipment as it may deem advisable. (Code 1976, ~ 25-383) Sec. 32-412. Owner responsibility. The registered owner of a vehicle having against it five (5) or more outstanding unpaid violations shall be presumed to be the owner at the time the violations were in fact issued and shall be severally responsible for the offenses and the impoundment, except where the use of the vehicle was secured by the operator without the owner's consent. (Code 1976, ~ 25-384) Sees. 32.413-32-420. Reserved. DIVISION 3. STREET STORAGE 2065 Exception ^ petition may be considered for an area which contains less than four (4) adjacent block faces or fifty (50) curb parking spaces if there are extenuating conditions that render such requirement unreasonable. Upon the recommendation of the City Manager, such requirement may be waived by the City Council if it finds that the proposed residential district is isolated or separated from other residential areas by topographical features or by commercial areas. The City Council shall not grant such a waiver, however, if it determines that the only basis for granting such a waiver is the con- venience of the residents or if it determines that the waiver is being requested by the petitioners to prevent opposition to establishing a district. All other requirements of this division must be established. Parking Study Upon receipt of the petition, the City Manager will cause a parking study to be conducted. The parking study will determine if eighty (80) percent of the curbside parking spaces are being utilized during peak periods and if twenty- five (25) percent are being utilized by non-resident parkers. Upon completion of the study, if the above requirements are met, the City Manager will recommend to the City Council that a RPPD be established with parking restrictions during peak hours as indicated by the study. If the requirements are not met, the City Manager will report to the City Council that requirements are not met and the RPPD cannot be established. Public Hearing Required Upon receipt of the City Manager's report that the minimum standards are met and the recommendation to establish a RPPD, the City Council must set a public hearing on the question of establishing a RPPD and the hours of parking restrictions. After the public hearing, the City Council can pass an ordinance establishing the RPPD or decide not to establish such district. Posting of Residential Parking Pen.it Designation If the ordinance is adopted, signs will be installed designating the Residential Parking Permit District and indicating the hours which curbside parking is prohibited, except Sundays and hOlidays, unless the vehicle displays a parking permit. Notice will also be sent to residents by the City Manager's Office reporting on the City Council action establishing the Residential Parking Permit District and providing the application forms for obtaining owner and guest parking permits. Enforcement At a reasonable time after the signs are installed and residents given an opportunity to purchase parking permits, enforcement will begin against those who are parking in the district during the designated hours without the required parking permit or guest permit. Conclusion It is important to point Ollt that the residential parking permit program is not intended to guarantee or reserve a permit holder a parking space in front of their own home or even within the district. In words of the ordinance, the reasons for enacting the ordinance include lito reduce the traffic congestion resulting from the use of streets within residential districts from vehicles parked by persons not residing within the residential distritt; and to respond ' to "the difficulty or inability of residents of the proposed Residential Parking Permit District to obtain adequate curbside parking adjacent to or near their residence because of widespread use of available curbside parking spaces by non-resident motorists." However, the ordinance cannot make parking spaces where too few exist and one of the facts to be taken into account in recommending for or against a Residential Parking Permit District is lithe likelihood of alleviating, by use of the residential parking permit program, any problem of availability of residential parking spaces." If you have further questions regarding the residential parking permit program, please feel free to contact the City Manager's Office.