AS AMENDED FOR SECOND READING ON MAY 27, 2003
ORDINANCE NO. 1878
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SALISBURY TO AMEND THE CITY CODE, CHAPTER 10.28 - PARKING RESTRICTIONS IN RESIDENTIAL DISTRICTS, TO PROVIDE A POLICY FOR DISTRIBUTION, USE, AND ENFORCEMENT OF RESIDENTIAL PARKING PERMITS.
WHEREAS, there are numerous areas in the City of Salisbury that currently utilize permits for residential parking; and
WHEREAS, the current system is not working efficiently or effectively, and the current policies have been in effect since before 1993 and need to be updated;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SALISBURY, MARYLAND that Chapter 10.28 of the Salisbury City Code be amended as follows to provide an updated policy for the distribution, use, and enforcement of residential permits:
Sections:
10.28.010 Notices of restricted parking - Issuance of permits.
10.28.020 Evidence of conditions for permits - Surrender of permit
10.28.030 Signs to adequately display restrictions - Penalty
10.28.010 Notices of restricted parking – Issuance of permits.
A. Whenever the City Council or its designee shall determine that parking on the streets of a particular area in which residential uses are permitted should be restricted by permit, the City Council or its designee may designate such areas as permit parking areas. The City Council or its designee may prohibit non-permit parking in such areas during such days and times as it determines appropriate. In such cases, the City Council shall cause appropriate signs, giving notice of the parking prohibition, to be posted on those streets restricting all parking, except parking by the holders of permits. The City Council shall be permitted to grant exceptions to the permit requirements in limited circumstances. Any such permits to be granted only under the following conditions:
1. To persons who are residents of any particular area in which parking is so restricted. Persons must show proof of residency with driver’s licence, electric bill, name on rental lease and fill out an application. However, the City Council, upon request by an applicant may issue permits to persons who are not residents of the designated area upon a showing by the applicant of hardship or impracticality of the restriction as applied to the applicant.
(a) Permits shall be color coded with the color changing yearly.
(b) Permits shall be renewed each year with the change effective July 1st.
(c) Permits shall be street specific.
(d) There shall be no charge for parking permits for owners or renters.
2. To persons who are visitors of any particular area in which parking is so restricted, to be limited to that particular area in which parking is so restricted, to be valid for a stated period but no more than thirty (30) days and not to be to any more than two persons who are visitors at a residence during any period in which another visitor to that residence holds such a permit include the following:
(a) Visitor permits shall be limited to two (2) per residence
(b) There shall be a charge of $5.00 per year for each visitor permit
(c) Visitor permits shall expire on June 30 of each year.
(d) Visitor permits shall be street specific.
3. To persons who do business with any resident of any particular district in which parking is so restricted during the hours of such restriction, to be limited to that particular area or areas in which parking is so restricted and in which any such person so transacts business. However, The parking prohibitions of this section shall not apply to service or delivery vehicles which are being used to provide service or make deliveries to dwellings.
B. Upon application of any resident of the district, the chief of police Parking Administrator or his/her authorized designee may issuepermits temporary visitor permits. "Visitor" is defined as: a temporary guest, one who visits for a limited time or a short stay.
(1) Visitor permits may be issued to be valid for a stated period but no more than thirty (30) days. Visitor permits shall be $5.00 each and shall be limited to one (1) per residence per month.
(2) Up to 5 temporary permits at one dollar each ($1.00) may be issued to be valid for only one day and for no more than four (4) hours on that day upon a showing by the resident that, during the hours for which the permits are to be issued, his residence will be used in such a way consistent with its residential character and other provisions of law that visitors to his residence would not be able to park without violating the law.
If the chief of police Parking Administrator shall find the foregoing facts and further find that the issuance of the permits will not unduly impair traffic safety during the time of their validity, he/she shall issue such permits and may limit the streets or portions of streets on which they shall be valid. (Ord.1570,1993; prior code § 145-22).
10.28.020 Evidence of conditions for permits - Surrender of permit.
Any such person shall show to the City Council’s designee satisfactory evidence that he fulfills all the conditions for such a permit. An application shall be required that includes name, address, phone number, license number and vehicle tag number. Whenever the conditions no longer exist, the person holding such a permit issued under Section 10.28.010 (A)(1) or (3) shall surrender it to such designee. It is unlawful for any person to represent that he is entitled to such a permit when he is not so entitled, to fail to surrender a permit to which he is no longer entitled or to park a vehicle displaying such a permit at any time when the holder of such permit is not entitled to hold it. No permit issued hereunder shall be valid for more than one year but may be renewed upon expiration; provided, that the conditions for issuance exist. All permits, whether free or requiring payment, must be repurchased or renewed upon expiration.
10.28.030 Signs to adequately display restrictions – Penalty.
A. The signs placed in such areas shall be of such character as to inform readily an ordinarily observant person of the existence of the rules and regulations imposing the foregoing restrictions. It is unlawful for any person to violate such rules and regulations.
B. Any violation of the aforesaid rules and regulations shall constitute a parking violation and subject the violator to the penalties as may be provided from time to time in the code of the City of Salisbury. (Prior code § 145-24)
BE IT FURTHER ORDAINED that this ordinance will take effect from and after the date of its final passage.
THIS ORDINANCE was introduced and read at a meeting of the Council of the City of Salisbury held on the 12th day of May, 2003, and thereafter, a statement of the substance of the ordinance having been published as required by law, was finally passed by the Council on the ______ day of ________, 2003.
ATTEST:
_________________________________ _________________________________
Brenda J. Colegrove Lavonzella Siggers
CITY CLERK PRESIDENT, City Council
Approved by me this _______ day of _______, 2003.
___________________________________
Barrie P. Tilghman
MAYOR, City of Salisbury