AS AMENDED ON SECOND READING, APRIL 12, 2004


ORDINANCE NO. 1902



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 permits

            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 posed 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 license, electric bill, and name on rental lease and fill out an application. Initial proof of residency must be in person at the Parking Authority Office.

 

                        2.         The City Council, upon special 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. The request should come through the Parking Administrator and must be presented to the City Council in regular session.

 

                        3.         In general:

 

                                    (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.

                                    (e)       Only one permit per each licensed driver per residence, OR, one
           permit per registered vehicle per residence (proof of vehicle
           registration will be required).

 

                        4.         For residents with special health-related issues, additional special permits for care-taking personnel can be issued as follows:

 

                                    (a)       Permits will be color-coded.

                                    (b)       Permits will be renewed each year with the change effective July 1st.

                                    (c)       Permits shall be street specific.

                                    (d)       There shall be no charge for special permits.

 

                        5.         The parking prohibitions of this section shall not apply to commercial service or delivery vehicles which are being used to provide service or make deliveries to dwellings.

 

            B.        “Visitor is defined as: a temporary guest, one who visits for a limited time or a short stay. Upon application of any resident of the district for a residential parking permit, the chief of police Parking Administrator or the authorized designee may issue to each residence certain visitor permits as follows:

 

                        (1)       Each residence shall be issued one (1) visitor permit good for one year. This permit shall be color-coded, street specific, and renewable on July 1st of each year when residential permits are renewed.

 

                        (2)       Ten (10) ONE DAY ONLY visitor permits may be issued to each residence at the same time residential permits are issued (once a year) These shall be street specific. To be valid, date of use must be written on the permit for the day it is used. There is no charge for the initial 10 visitor permits.

 

                        (3)       Additional ONE DAY ONLY visitor permits may be purchased from the Parking Authority for $2.50 each.

 

                        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 must be 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 first introduced and read at a meeting of the Council of the City of Salisbury held on the 22nd day of March, 2004, 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 12th day of April, 2004.

 

ATTEST:

 

 

 

__________________________________            ____________________________________

Brenda J. Colegrove                                                 Michael H. Day

CITY CLERK                                                          VICE PRESIDENT, City Council

 

Approved by me this _____ day of ________, 2004.

 

 

 

__________________________________

Barrie P. Tilghman

MAYOR, City of Salisbury

 

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Salisbury, MD 21801-4940

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