Citizen Petition for Residential Parking Permit District
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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
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CI1Y or DUUUQUE, IOWA
PETITION FOR RESIDENTI^l P^RKING PERMIT DISTRICT DESIG"^TION
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,: 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
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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
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~ 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.