Subject: 10148/Code/Ch.24/RestrictedOn-StrParking/Resident Date: Mon, 27 Feb 1989 12:20:00 -0500 ORDINANCE NO. 10148 AN ORDINANCE TO AMEND PART II, CHATTANOOGA CITY CODE, CHAPTER 24, ARTICLES X AND XIV, SO AS TO ESTABLISH RESTRICTED ON-STREET PARKING AREAS FOR RESIDENTIAL NEIGHBORHOODS. WHEREAS, the City Council finds and declares that it is in the best interest of the City to reduce vehicular congestion on certain designated streets and to facilitate the efficient movement of traffic by providing for residential parking preference during certain hours of the day and days of the week within certain areas meeting the criteria set forth herein; that residential permit parking regulation is necessary to promote the health, safety and welfare of the residents of the City by providing adequate parking spaces for property owners or tenants adjacent to or close by their property; that it is in the public interest to reduce hazardous traffic conditions resulting from the use of streets located within congested areas for the parking of vehicles by persons using such areas to gain access to other places; to protect those areas from excessive noise; to protect the residents of those areas from unreasonable burdens in gaining access to their residences and property; to promote efficiency in the maintenance of those streets in a clean and safe condition; to preserve the safety of children and other pedestrians and to promote traffic safety, clean air and the comfort, health, convenience and welfare of the inhabitants of the City. 0C NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE: SECTION 1. That Part II, Chattanooga City Code, Chapter 24, Article X, be amended by adding thereto a new Division 6 to read as follows: DIVISION 6. RESTRICTED ON-STREET PARKING AREAS Sec. 24-380. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: "Commuter vehicle" means a motor vehicle parked in a residential area by a person who is not a resident property owner, tenant or lessee of any such area and who has not obtained a parking permit for the particular motor vehicle that is so parked. "Restricted on-street parking area" means a contiguous or nearly contiguous area containing streets or parts thereof primarily abutted by property which is zoned R-1, R-2, R-3, R-3MD, RZ-1, RT-1 or R-4 designation on the official zoning map records and designated for restricted parking by the city traffic engineer pursuant to criteria and procedures established in this division. "Fiscal year" means the period beginning July 1 and ending June 30 of the following year. "Residential parking permit" means a special permit issued hereunder for the privilege of parking on a street designated as a restricted on-street parking area for a time limit determined by the city traffic engineer. Sec. 24-381. Designation generally; compliance. (a) Upon approval of the City Council and after following the procedures set out in this division, the city traffic engineer is hereby authorized to designate "restricted on-street parking areas" by appropriate signs and recording thereof on the official traffic records in which the parking of vehicles may be restricted on public streets beyond a designated time period at certain times during the day and on designated weekdays, only to vehicles bearing a valid residential parking permit issued pursuant to this section. This authority shall be in addition to any other authority the city traffic engineer may have to regulate the times and conditions of motor vehicle parking on public streets. (b) In order to determine whether a particular area should be designated as a restricted on-street parking area, the city traffic engineer may conduct, upon his own initiative or upon a petition of a majority of the property owners in such proposed area, addressed to the Mayor, a study to determine if the proposed area meets the criteria set forth above. Following the study, and upon approval of the Mayor, the city traffic engineer shall determine whether to designate the proposed area under consideration as a restricted on-street parking area or to remove the designation in the case of a previously established restricted on-street parking area. Following the approval by the City Council of the designation of a restricted on-street parking area, the city traffic engineer shall cause the regulation to be recorded upon the official traffic records and retained permanently in the office of the traffic engineer. In addition, the city traffic engineer shall cause parking signs to be erected upon public streets in the area, indicating the times, locations and conditions upon which parking shall be by permit only. Sec. 24-382. Designation of restricted on-street parking areas. Areas, streets or portions of streets named in Section 24-506 of this Code, Schedule VI, and such other areas, streets or portions of streets as may hereafter be included in Schedule VI, lying within the City shall constitute a restricted on-street parking area. Sec. 24-383. Eligibility and criteria for establishment. (a) An R-1, R-2, R-3, R-3MD, RZ, RZ-1, RT-1 or R-4 zoned area shall be deemed eligible for designation as a restricted on-street parking area for residential permit parking if, based on objective criteria established in this section, parking therein is impacted by commuter 0C vehicles between 7:00 a.m. and 6:00 p.m., weekdays, except official city holidays. (b) The following objective criteria shall be used in evaluating the need for restricted parking in a residentially zoned area in accordance with this section. For an area, however big or small, to be eligible for residential permit parking, that area must meet the following criteria: (1) During any period between the hours of 7:00 a.m. and 6:00 p.m., weekdays, except official city holidays, the number of vehicles parked (or standing), legally or illegally, on the streets in the area is equal to seventy (70) percent or more of the legal on-street parking capacity of the area. For purpose of this criterion, a legal parking space shall be twenty (20) linear feet. (2) During the same period as in paragraph (1), twenty-five (25) percent or more of the vehicles parked (or standing) on the streets in the area are not registered in the name of a person residing in this area. (3) Prior to an area being designated as a permit parking area, the following factors shall be considered: a. The possibility of a reduction in vehicle miles traveled. b. The likelihood of alleviating traffic congestion, illegal parking, and related health and safety hazards. c. The proximity of public transportation. d. The desire and need of the area property owners for residential permit parking. e. The need for parking for periods in excess of the designated time limit for business establishments and the general public for health or commercial business purposes. f. Such other factors as may be required according to the Manual on Uniform Traffic Control Devices or Tennessee Code Annotated. 0C Sec. 24-384. Issuance of special parking permits upon application; terms, etc. (a) Following the official designation of a restricted on-street parking area, the city traffic engineer or his designee shall issue appropriate residential parking permits. Upon application a permit shall be issued only to the owner or operator of a motor vehicle who resides in a restricted on-street parking area. (b) The application for a permit shall contain the name of the owner or operator of the motor vehicle, residential address, the motor vehicle's make, model, registration number and the number of the applicant's operator's permit. In the absence of this information, a current lease agreement will be required. The motor vehicle's registration and operator's license may, at the discretion of the city traffic engineer, be required to be presented at the time of making said application in order to verify the contents thereof. In the event the vehicle is registered at an address other than the local residence, the applicant shall provide other sufficient proof acceptable to the city traffic engineer showing residency within the restricted on-street parking area. Residents of fraternity and sorority houses, as defined in the Chattanooga Zoning Ordinance, shall provide proof of residency to be eligible for a decal. Decals will not be issued to non-resident members of such organizations. The owner or operator of any motor vehicle applying for a parking permit shall have valid motor vehicle license tags unless not legally required to have them. The permit shall be valid for a fiscal year and shall be renewed for each successive fiscal year. After the initial permit has been issued, any renewal thereof shall be affixed to the vehicle no later than August 15 of the applicable current fiscal year. Such renewal shall be issued upon such conditions and procedures as the city traffic engineer shall specify. The permit shall display the expiration date. (c) It shall constitute a violation of this article for any person to falsely represent himself as eligible for a parking permit or to furnish any false information in an application to the chief of police in order to obtain a parking permit. (d) The city traffic engineer or his designated representative shall issue permits to qualifying applicants for a fee of six dollars ($6.00). Any permit issued hereunder is nontransferable to another person or another vehicle. (e) The city traffic engineer may make provisions for the issuance of temporary parking permits at no charge to bona fide visitors of a designated restricted on-street parking area. Sec. 24-385. Privileges and restrictions on parking permits. (a) The holder of a parking permit shall be permitted to stand or park a motor vehicle displaying the permit and operated by him in any designated restricted on-street parking area during such times and places as the parking of motor vehicles therein is permitted. While a vehicle for which a parking permit has been issued is so parked, such permit shall be displayed on the left inside of the rear window of the vehicle. A parking permit shall not guarantee or reserve to the holder a parking space within a designated restricted on-street parking area. (b) A parking permit shall not authorize the holder thereof to stand or park a motor vehicle in such places or during such times as the stopping, standing or parking of a motor vehicle is prohibited or set aside for specified types of vehicles, nor exempt the holder from the observance of any traffic regulation other than the designated parking time limit within the restricted on-street parking area. Sec. 24-386. Unauthorized use of parking permit. No person other than the permittee named thereon shall use the parking permit or display it on a vehicle operated or parked, and any such use or display by a person other than the permittee shall constitute a violation of this article by the permittee and by the person who so used or displayed such parking permit. Sec. 24-387. Revocation of parking permit. The City Court of Chattanooga may revoke the parking permit of any permittee found to be in violation of this division and, upon written notification thereof, the permittee shall surrender such permit to the city traffic engineer. Failure, when so requested, to surrender a parking permit so revoked shall constitute a violation of this division. Secs. 24-388 -- 24-390. Reserved. SECTION 2. That Part II, Chattanooga City Code, Chapter 24, Article XIV, be amended by adding thereto a new Section 24-507, Schedule VII, to read as follows: Sec. 24-507. Schedule VII. Restricted on-street parking area. In accordance with Section 24-382 of this Code, the following area is designated as a restricted on-street parking area: The western portion of the Fort Wood Historic District; specifically, the 800 blocks of Oak Street, Vine Street, Fort Wood Street and the 500 block of Fort Wood Place. SECTION 3. BE IT FURTHER ORDAINED, That this ordinance shall be effective two (2) weeks from and after its passage as provided by law. PASSED on Third and Final Reading December 20, 1994. s/s_________________________________ CHAIRPERSON APPROVED:______ DISAPPROVED: _______ DATE: December 21, 1994. s/s_________________________________ KOF:cjc MAYOR