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HomeMy Public PortalAboutCHAP 74-Parking.pdf CHAPTER 74: PARKING SECTION 74.00 Definitions Method of Parking 74.01 Standing or Parking Close to Curb 74.02 Signs or Markings Indicating Angle Parking 74.03 Obedience to Angle Parking Signs or Markings 74.04 Removal of Obstructing Vehicles Stopping, Standing or Parking 74.10 Application of Provisions 74.11 Parking Signs Required 74.12 Parking Prohibited at All Times 74.13 Parking Prohibited During Certain Hours 74.14 Stopping, Standing, or Parking Prohibited; No Signs Required 74.15 Parking Not to Obstruct Traffic 74.16 Parking in Alleys 74.17 Parking on Narrow Streets 74.18 Parking on One-way Streets 74.19 Parking Near Hazardous or Congested Places 74.20 Parking Adjacent to Schools 74.21 Parking in Excess of Seventy-two Continuous Hours 74.22 Parking for Certain Purposes Prohibited 74.23 Parking Prohibited During Cleaning, Repair, or Maintenance 74.24 Board to Designate No Parking Zones in Business Districts 74.25 Limited Parking 74.26 Parking Miscellaneous Vehicles 74.27 Parking Unlicensed Vehicles 74.28 Parking in Residential Areas 74.29 Handicapped Parking 74.30 Fire Lane Stopping for Loading or Unloading Only 74.35 Public Carrier Stops and Stands 74.36 Stopping, Standing, and Parking of Buses and Taxicabs 74.37 Restricted Use of Bus and Taxicab Stands Loading Zones 74.40 Park and Load Permit Parking Facilities 74.45 Downtown Parking Garage 74.47 Off-street Parking Facilities (Ord. 1-2009) 74.50 Tickets - Payment of Fines (Ord. 98-1995) 74.51 Hang Tag Replacement 74.00 DEFINITIONS The definitions set forth in Section 70.01 apply throughout Chapter 74. METHOD OF PARKING 74.01 STANDING OR PARKING CLOSE TO CURB Every vehicle standing or parked on a street where there are curbs shall be faced in the direction of travel on that side of the street with the curb side wheels of the vehicle parallel to and within 12 inches of the curb. The operator of a vehicle or owner of an unattended vehicle shall be liable for violation of this section and fined $25.00. (Ord. 34-2017) 74.02 SIGNS OR MARKINGS INDICATING ANGLE PARKING The Board shall determine on what streets angle parking shall be permitted and shall mark or sign such streets. Angle parking shall not be indicated upon any federal-aid or state highway within the City unless the Indiana Department of Transportation has determined by resolution entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. 74.03 OBEDIENCE TO ANGLE PARKING SIGNS OR MARKINGS On those streets which have been signed or marked for angle parking, no vehicle shall be parked or stood other than at the angle to the curb or edge of the roadway indicated by the signs or markings. The operator of a vehicle or owner of an unattended vehicle shall be liable for violation of this Section and fined $40.00. (Ord. 116-1997; Ord. 34-2017) 74.04 REMOVAL OF OBSTRUCTING VEHICLES (a) The Richmond Police Department or the Richmond Fire Department may authorize the removal of any vehicle or other object which may, in the discretion and judgment of a properly authorized officer, constitute an immediate hazard by way of its placement. The owner of such vehicle or object shall be promptly notified of its removal, the method of removal, and the location of the vehicle or object. The owner of the vehicle or other object shall be responsible for any towing, removal, storage or other charges and fees associated with the removal unless such removal is required by an emergency of which the owner had no knowledge in which case the City shall pay such charges and fees. (b) The City, its officers, agents, and employees shall not incur any civil liability for damages incurred as a result of such removal. The removal of any vehicle or object shall not relieve the owner from liability for any fine due to the placement of said vehicle or object prior to its removal. (c) It is the duty and responsibility of any private property owner to remove any items, including motor vehicles, parked or left in designated handicapped parking spaces or fire lanes. Such property owners are authorized to tow and remove offending vehicles or other objects from handicapped parking spaces or fire lanes and charge the owner of such vehicle or other item any fees or charges related to the towing or removal. Such towing or removal shall not relieve the owner of the vehicle or other item from any fine assessable as a result of being parked unlawfully in a handicapped parking space or fire lane. (d) It is the responsibility of a private property owner to properly post any and all signs required by law to be posted on such private property relating to restricted parking or traffic control. STOPPING, STANDING, OR PARKING 74.10 APPLICATION OF PROVISIONS (a) The provisions of this chapter prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device. (b) The provisions of this chapter imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at specified times. 74.11 PARKING SIGNS REQUIRED Whenever any parking time limit is imposed or parking is prohibited on designated streets, except for Section 74.21, it shall be the duty of the Board to cause to be erected appropriate signs giving notice thereof. No regulations shall be effective unless the signs are erected and in place at time of any alleged violation. 74.12 PARKING PROHIBITED AT ALL TIMES When signs are erected giving notice, no vehicle shall be parked at any time on any street, or portions thereof described in Chapter 76 Schedule IV. The operator of the vehicle or the owner of an unattended vehicle shall be liable for violation of this section and fined $40.00. (Ord. 116-1997; Ord. 34-2017) 74.13 PARKING PROHIBITED DURING CERTAIN HOURS When signs are erected giving notice, no vehicle shall be stopped, stood, or parked between the hours specified in Chapter 76 Schedule V of any day, except as otherwise provided herein within the district or on any of the streets or parts thereof described in Schedule V. The operator of the vehicle or the owner of an unattended vehicle shall be liable for violation of this section and fined $40.00. (Ord. 116-1997; Ord. 34-2017) 74.14 STOPPING, STANDING, OR PARKING PROHIBITED: NO SIGNS REQUIRED No vehicle shall be stood or parked, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places: (a) On the sidewalk (b) In front of a public or private driveway (c) Within an intersection (d) Within 15 feet of a fire hydrant (e) On a crosswalk or within 20 feet thereof (f) Within 20 feet of an intersection (g) Within 30 feet on the approach to any flashing beacon light, sign, or traffic-control signal located at the side of a roadway (h) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the Board indicates a different length by signs or markings (i) Within 50 feet of the nearest rail of a railroad crossing (j) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance. (k) On the curb or in the area between the curb and sidewalk. (Ord. 97-1998) The operator of a vehicle or the owner of an unattended vehicle shall be liable for violation of this section and fined $40.00. (Ord. 116-1997; Ord. 34-2017) 74.15 PARKING NOT TO OBSTRUCT TRAFFIC No vehicle shall be stood or parked on a street in such a manner or under such conditions as to leave available less than 15 feet of the width of the street for free movement of vehicular traffic. The operator of a vehicle or owner of an unattended vehicle shall be liable for violation of this section and fined $40.00. (Ord. 116-1997; Ord. 34-2017) 74.16 PARKING IN ALLEYS No vehicle shall be parked within the traveled portion of a public alley within the City and left unattended. The owner of the vehicle shall be fined $40.00 plus being responsible for the cost of towing and impounding the vehicle. (Ord. 34-2017) 74.17 PARKING ON NARROW STREETS (a) The Board is authorized to erect signs indicating no parking on any street when the width of the roadway does not exceed 20 feet, or on one side of a street as indicated by the signs when the width of the roadway does not exceed 30 feet. (b) When official signs prohibiting parking are erected on narrow streets as authorized herein, no vehicle shall be parked on the street in violation of the sign. The operator of a vehicle or the owner of an unattended vehicle shall be liable for violation of this section and fined $40.00. (Ord. 116-1997; Ord. 34-2017) 74.18 PARKING ON ONE-WAY STREETS The Board is authorized to erect signs on the left-hand side of any one-way street to prohibit the standing or parking of vehicles. When the signs are in place, no vehicle shall be stood or parked on the left-hand side in violation of the sign. The operator of a vehicle or the owner of an unattended vehicle shall be liable for violation of this section and fined $40.00. (Ord. 116-1997; Ord. 34-2017) 74.19 PARKING NEAR HAZARDOUS OR CONGESTED PLACES (a) The Board is authorized to determine and designate by proper signs or appropriate markings hazardous or congested places not exceeding 300 feet in length in which the stopping, standing, or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic. (b) When signs are erected at hazardous or congested places as authorized herein, no vehicle shall be stopped, stood or parked in the designated place. The operator of a vehicle or the owner of an unattended vehicle shall be liable for violation of this section and fined $40.00. (Ord. 116- 1997; Ord. 34-2017) 74.20 PARKING ADJACENT TO SCHOOLS (a) The Board is authorized to erect signs indicating no parking on either or both sides of any street adjacent to any school property when the parking would, in its opinion, interfere with traffic or create a hazardous situation. (b) When signs are erected indicating no parking on either side of a street adjacent to any school as authorized herein, no vehicle shall be parked in the designated place. The operator of a vehicle or the owner of an unattended vehicle shall be liable for violation of this section and fined $20.00. (Ord. 116-1997) 74.21 PARKING IN EXCESS OF SEVENTY-TWO CONTINUOUS HOURS No vehicle, with or without motive power, including but not limited to mobile campers, boats, motorcycles, mopeds, trailers, wagons, or any vehicle designed for the conveyance of persons, property, or animals, shall be parked on a City street or City right of way for more than 72 continuous hours. Enforcement officers may use any legal means necessary to identify vehicles that have been parked on a City street or city right of way for more than 72 continuous hours in violation of this Section. One (1) notice tag shall be deemed sufficient for persistent violators who engage in activities intended to frustrate or obstruct the officer’s identification method. An enforcement officer who finds or is notified of a vehicle or vehicle parts believed to be abandoned shall attach in a prominent place a notice tag. This tag shall include the date and time of the tagging, the address and phone number of the city of Richmond Police department, and the tagging officer’s badge number, along with a statement that the vehicle or vehicle parts are considered abandoned. This notice must also provide that the vehicle or vehicle parts must be removed within 72 hours. One (1) notice tag placed by the City Code Enforcement and/or law Enforcement Officer on any given vehicle pursuant to this Section shall be deemed sufficient and the City Code Enforcement and/or Law Enforcement Officer shall have no further obligation to place additional tags on the same vehicle. If a vehicle is not removed pursuant to the tag, the owner of the vehicle or vehicle parts shall be fined $50.00 and shall be responsible for the cost of towing and impounding the vehicle. For each subsequent offense, the fine shall be $150.00. (Ord. 50-1998; Ord. 34-2017; Ord. 12-2018) 74.22 PARKING FOR CERTAIN PURPOSES PROHIBITED No vehicle shall be parked on any City street for the purpose of lubricating or repairing the vehicle except repairs necessitated by an emergency. The operator of the vehicle or the owner of an unattended vehicle shall be liable for violation of this section and fined $40.00. (Ord. 80-2002; Ord. 34-2017) 74.23 PARKING PROHIBITED DURING CLEANING, REPAIR, OR MAINTENANCE (a) The Board is authorized to delineate a specific area in the City to be cleaned, repaired, or otherwise maintained during a specific period of time. (b) No resident vehicle owner or any other vehicle owner who should have been reasonably put on notice shall park his vehicle or shall allow his vehicle to be parked within an area to be cleaned, repaired, or otherwise maintained pursuant to order of the Board during a time designated by the Board. (c) Delineation of an area to be cleaned, repaired, or otherwise maintained pursuant to this section and the designation of the time of cleaning, repairing, or other maintenance shall be by an order of the Board in a regular public meeting. (d) Notice shall be deemed sufficient to resident vehicle owners if a statement of the order of the Board specifying time and area is published one time at least 24 hours in advance of the cleaning, repairing, or otherwise maintenance of the streets. (e) Notice to any vehicle owner not a resident shall be deemed sufficient if the presence of signs in the area designated should have reasonably put the vehicle owner on notice or for any other reason the vehicle owner should in fact have been put on notice of the cleaning, repairing, or other maintenance ordered. (f) A resident vehicle owner shall be defined as any owner of a vehicle whose certificate of registration with the Bureau of Motor Vehicles of the State of Indiana shows an address within the corporate limits of the city. The certificate of registration shall be the certificate of registration for the current year. (g) It shall not be a defense that a resident vehicle owner was outside the corporate limits of the city on the date of the publication of notice nor shall it be a defense that the resident or nonresident vehicle owner did not permit or in fact know that his car was being parked in violation of this section. The term “allow” shall be so construed so as to place an absolute duty on any vehicle owner to see that his vehicle is not parked in the designated area. (h) Any vehicle owner violating this Section shall be subject to a fine of $40.00 plus being responsible for the cost of towing and impounding the vehicle. (Ord. 116-1997; Ord. 34-2017) 74.24 BOARD AUTHORITY TO DESIGNATE NO OR LIMITED PARKING ZONES (a) The Board is authorized to erect signs and place other necessary markings indicating no or limited stopping, standing, or parking in any area of the City of Richmond whenever the Board determines that such restrictions are in the best interest of the City. Such restrictions may be for a continuous period or may be for a certain time period. Such restrictions must be clearly identified by the signs and/or markings. (b) When signs or other markings are erected or placed in each block giving notice thereof, no vehicle shall be stopped or parked in a manner inconsistent with the signs or markings. (c) The Common Council shall by Ordinance have the right to supersede the Board’s determination as to restricted parking in a given area of the City; however, if no Ordinance specifically applies to a given area of the City, the Board’s determination as to restricted parking shall have the full force and effect of law. (d) The operator of the vehicle or the owner of an unattended vehicle shall be liable for violation of this section and fined $40.00. (Ord. 58-2002; Ord. 34-2017) 74.25 LIMITED TIME PARKING (a) There are established and fixed certain zones on the streets of the City to be known as limited parking time zones. The zones on the streets and the parking time limit shall be as described in Chapter 76 Schedule VI. (b) Within the limited time parking zones, the Board shall have lines or markings painted or placed on the curb or on the street adjacent to the parking spaces for the purpose of designating the parking spaces and each vehicle shall park within the lines or markings so established. No vehicle shall be parked across the line or marking or in such position that it shall not be entirely within the area so designated by the line or marking (c) The Board shall cause to be erected in the limited parking time zones, appropriate signs giving notice of the parking time limits. When the signs are erected, no vehicle shall be parked in any limited time zone beyond the period of legal parking time specified for the limited parking time zone and designated on any sign erected in accordance with the provisions of this section. It shall not be a violation of this section to park any vehicle or to permit any vehicle to remain parked in any limited parking time zone for a longer period than specified in this section on Sundays and holidays and between the hours of 5:00 p.m. and 8:30 a.m. Monday through Saturday. (d) The operator of a vehicle or the owner of an unattended vehicle parked in violation of this section shall be fined $50.00 (reduced to $25 if paid within 72 hours). (Ord. 116-1997; Ord. 68- 2015; Ord. 34-2017) (e) If the same vehicle is found in violation of this section 3 or more times in any 30- day period the fine shall be $75.00 for each additional violation. (Ord. 34-2017) 74.26 PARKING MISCELLANEOUS VEHICLES (a) For the purposes of this Section the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) “BOATS” - Any vehicle designed for transportation on the surface of water and not being in excess of 88 inches in width. (2) “BOAT TRAILERS” - Any vehicle designed to carry the weight of a boat and to transport the boat, such trailers not to exceed 48 inches in height and 88 inches in width. (3) “MOBILE CAMPERS” - Any motor vehicle which is designed in itself for habitation or for shelter, is not designed for the towing of another vehicle, and is of a minimum width of 72 inches and a maximum width of 88 inches. (4) “MOBILE HOMES” - House trailers or any other vehicles without motive power, designed for habitation or for shelter. (Ord. 50-1998) (5) “UTILITY TRAILERS”- Any trailer or any vehicle without motive power that has an axle and a frame that can be used to transport or haul any type of material or equipment. Including but not limited to utility trailers hauling or transporting lawn mowers, Quad Runners, All terrain vehicles (ATV), Jet Skis, etc. (Ord. 74-2006) (b) Wide Vehicles - No vehicle with an overall width in excess of 88 inches, except mobile homes, shall be parked at any time on any street, alley, roadway, or highway in the City, except for the immediate loading or unloading of the vehicle. All such vehicles shall not be left unattended. (c) Mobile Homes - No mobile home of any size shall be parked on any street, alley, roadway, or highway in the city, except for emergency or temporary stopping or parking. Emergency stopping or parking shall not exceed two hours in one calendar week. (d) Mobile Campers, Boats, and Boat Trailers - No mobile campers, boats, or boat trailers shall be parked in any alley, street, roadway, or highway in the City at any time in such a manner or under such conditions as to constitute a definite hazard or obstruction to the normal movement of traffic. (e) The operator of the vehicle or the owner of an unattended vehicle shall be liable for violation of this section and fined $20.00. (Ord. 116-1997) 74.27 PARKING UNLICENSED VEHICLES (a) No unlicensed vehicle or vehicle with an expired license plate shall be parked on any street in the City. The operator of the vehicle or the owner of an unattended vehicle shall be liable for violation of this section and fined $40.00. For each subsequent offense, the fine shall be $150.00. (Ord. 116-1997; Ord. 34-2017) (b) No unlicensed vehicle or vehicle with an expired license plate shall be parked on any private property in such a way as to be visible from public property. An enforcement officer shall, in a prominent place, tag vehicles in violation of this ordinance. This tag shall include the date and time of the tagging, the address and phone number of the City of Richmond Police Department, and the tagging officer's badge number. The tag shall further state that the vehicle must be removed to a location not in public view within twenty-three (23) days. One (1) notice tag shall be deemed sufficient for persistent violators who engage in activities intended to frustrate or obstruct the City Code Enforcement and/or Law Enforcement Officer’s identification method. Any vehicle not removed within this time period shall be towed, with the owner thereof responsible for the cost of towing and impounding the vehicle. One (1) notice tag placed by the City Code Enforcement and/or Law Enforcement Officer on any given vehicle pursuant to this Section shall be deemed sufficient and the City Code Enforcement and/or Law Enforcement Officer shall have no further obligation to place additional tags on the same vehicle. Furthermore, the owner of the vehicle shall be fined $40.00. For each subsequent offense, the fine shall be $150.00. Legally existing car lots shall be exempt from this subsection. (Ord. 80-2002; Ord. 34-2017; Ord. 12-2018) 74.28 PARKING IN RESIDENTIAL AREAS (a) Definitions (1) Residential District shall mean a contiguous or nearly contiguous area containing public highways or parts thereof primarily abutted by residential property or residential and nonbusiness property (such as schools, parks, churches, hospitals and nursing homes). (2) Residential Parking Permit Area shall mean a residential district where curbside parking on public highways is limited to not more than 2 consecutive hours between 8.30 a.m. and 5:00 p.m. on weekdays except Saturdays, Sundays and holidays, unless the vehicle properly displays a parking permit authorized by Section 74.28 (e) of the Richmond Code. (Ord. 11-1993) (3) Curbside Parking Space shall mean twenty (20) linear feet of curb, exclusive of those portions of the curb where parking, apart from the provisions of this ordinance, is not presently permitted. (b) Creation or termination of a Residential Parking Permit Area (1) The Board of Public Works and Safety shall upon its own initiative or upon a petition signed by a majority of the households in the existing or proposed district, conduct a public hearing to create or terminate the existence of a Residential Parking Permit Area. Such public hearing shall be held only after notice thereof has been published 2 times, 7 days apart, at least 7 days but not more than 10 days before the hearing in a daily newspaper of general circulation in the City of Richmond, Indiana, and the mailing of notice by first class mail to each household in the district listed in the most current Richmond City Directory. Such notice shall state the purpose, time and location of the public hearing, the exact location and boundaries of the proposed or existing Residential Parking Permit Area and the permit fee to be charged. (2) The Board of Public Works and Safety shall, within 15 days, of the public hearing, recommend in writing, to Common Council whether to create or terminate a Residential Parking Permit Area. The written report should take into account the following: (A) The effect on the safety of the residents of the Residential Parking Permit Area from intensive vehicle parking by nonresidents (B) The difficulty or inability of residents of the Residential Parking Permit Area to obtain adequate curbside parking adjacent to or near their residences because of widespread use of available curbside parking spaces by nonresident motorists (C) The likelihood that the Residential Parking Permit Area will alleviate the non-availability of residential parking spaces (D) The willingness of the residents in the Residential Parking Permit Area to purchase the permits required by Section 74.28 (e) of the Richmond Code (E) The need for some parking spaces to be available in the Residential Parking Permit Area for the general public (3) Within 45 days following receipt of the report, Common Council shall adopt or reject an ordinance creating the proposed Residential Parking Permit Area or terminating the existing Residential Parking Permit Area. (c) Posting of Residential Parking Permit signs (1) Following Common Council’s affirmative vote to create a Residential Parking Permit Area, signs shall be erected in the designated area. (2) The signs shall readily inform that curbside parking on public highways in the designated area is limited to not more than 2 consecutive hours between the hours of 8:30 AM and 5:00 PM on weekdays, excepting Saturdays, Sundays and holidays, unless the vehicle properly displays a permit required by Sections 74.28(e) and (f) of the Richmond Code. (Ord. 11-1993) (d) Notice to residents of designation of Residential Parking Permit Area (1) Following Common Council’s affirmative vote to designate a residential parking permit area, the City Clerk’s office shall mail to every residence within the designated residential parking permit area the following documents (A) A Notice of Designation which shall inform the residents in the designated area of: (i) The existence, exact location and numerical designation of the residential parking permit area; (ii) The parking restrictions applicable to all vehicles in curbside parking spaces along public highways in the designated area which do not properly display a parking permit authorized by this ordinance; and (iii) The procedures to obtain a residential parking permit. (B) 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: (i) The name and residential address of the owner of the vehicle; (ii) The name residential address and driver’s license number of the principle operator of the vehicle; (iii) The make, model, license plate number and registration number of the vehicle; and (iv) The signature of the applicant for the residential parking permit. (e) Issuance of Residential Parking Permits (1) Upon the applicant’s payment of a $10.00 annual fee and submission of a residential parking permit application or request for transfer of such a permit to another motor vehicle, the applicant shall receive a residential parking permit hang tag for the vehicle described in the application or request for transfer. Such permit shall hang from the rear view mirror of the vehicle and shall display the street address of the applicant and the numerical designation of the residential parking permit area. Upon the purchase of another vehicle, the permit holder shall have a maximum of 15 days to apply for a transfer of the permit to such other vehicle from the vehicle described in his or her original application or last transfer request. Any ordinance violation citations issued during such 15 day period shall not be enforced. (Ord. 11-1993) (2) Except as otherwise provided in this code, no residential parking permit shall be issued to a vehicle whose owner and principal operator do not reside within the designated residential parking permit area. (Ord. 129-1996) (3) The applicant for, and holder of, the residential parking permit shall be the owner or principal operator of the vehicle receiving the parking permit. (4) A vehicle shall be issued a residential parking permit only if it displays valid State license plates, unless the vehicle is not required to have them. (5) All maintenance, service, and construction vehicles shall be exempt from the time limitations established by this section while the drivers of such vehicles are engaged in working on property within the designated area. Upon request, a temporary parking permit shall be issued free of charge for any such vehicles. (Ord. 129-1996) (6) Parking Permit hang tag shall be returned to the City Clerk at such time the resident no longer lives at the location. (7) Upon request, a parking permit hang tag shall be issued free of charge to any non-resident landlord who owns property within the designated area. This permit may be used by the landlord or his agents while engaged in maintenance or construction on property within the designated area. (Ord. 129-1996; Ord. 34-2017) (f) Use of Residential Parking Permits (1) A parking permit shall not guarantee or reserve a parking space within a designated residential parking permit area. A parking permit shall not authorize the standing or parking of any vehicle in such places and during such times as the stopping, standing or parking of vehicles is prohibited or set aside for specified types of vehicles, and shall not excuse the observance of any traffic regulation, other than the two-hour parking limit enforced in the residential parking permit area. (2) A parking permit shall be valid only in the residential parking permit area for which it is issued. (3) It shall be a violation of this ordinance for the holder of a parking permit to fail to surrender it when directed to do so. (4) It shall be a violation of this ordinance for any person to represent in any fashion that a vehicle is entitled to a parking permit authorized by this ordinance when it is not so entitled. The display of a parking permit on a vehicle not entitled to such a parking permit shall constitute such a representation. (5) It shall be a violation of this ordinance for any person to duplicate or attempt to duplicate, by any means, a parking permit authorized by this ordinance. It shall also be a violation of this ordinance for any person to display on any vehicle such a duplicate parking permit. (g) Exemptions (1) Whenever metered parking is in effect in any portion of a residential parking permit area, the parking spaces controlled by meters shall be excepted from the provisions of this ordinance so long as the control by meters continues. (2) A petition requesting the exemption of a particular street segment of a residential parking permit area signed by a majority of the residents of that street segment, will automatically exempt that particular street segment from designation as a residential parking permit area. (h) Termination of Residential Parking Permit Area Following Common Council’s adoption of an ordinance terminating a Residential Parking Permit Area, the City Clerk shall send a notice by first class mail to each residence in such area that the Residential Parking Permit Area has been terminated and state that the effective date is 30 days after the adoption of said ordinance. (Ord. 11-1993) (i) Regulations The Board of Public Works and Safety is authorized to establish, after due notice and opportunity for interested parties to be heard, all written regulations necessary to implement and enforce the provisions of this ordinance. (j) Penalty If a residential parking permit has expired, is fraudulent, or if the permit holder no longer fulfills the qualifications for holding such permit, such permit shall be null and void. Any vehicle not displaying a current and valid permit, which has been parked in violation of the two-hour parking restriction, shall be subject to the penalty for overtime parking, pursuant to Section 74.25 of the Richmond City Code. (k) Separability The provisions of this ordinance are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clause, sentences, subsections, words, or parts of the regulation or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this ordinance would have been adopted if such illegal, invalid, or unconstitutional provisions, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance, to which the ordinance or part thereof is held inapplicable, had been specifically exempted therefrom. (Ord. 47-1984) 74.29 HANDICAPPED PARKING (a) The Board of Public Works and Safety may reserve parking spaces on City owned parking lots or City streets for the exclusive use of physically handicapped persons in accordance with Indiana Code 5-16-9. (b) The Board of Public Works and Safety may reserve parking spaces on City streets in residential areas for the exclusive use of a designated physically handicapped person in accordance with Indiana Code 5-16-9. (c) The owners or operators of privately owned parking lots within the City may reserve parking spaces for the exclusive use of physically handicapped persons in accordance with Indiana Code 5-16-9. (d) Use of these designated parking spaces shall be limited to vehicles displaying a placard, license or registration plate or other means of identification issued by the Bureau of Motor Vehicles, the Indiana Rehabilitative Services Agency or any other authorized state, local or federal agency, which designates the vehicle as one used to transport handicapped persons, or as one registered to a Disabled American Veteran. Use of a designed parking space on City streets in residential areas shall also be limited for use by the person who requested a new or renewal designation that is approved by the Board of Public Works and Safety as set forth in this section. (Ord. 61-2014) (e) Persons requesting reserved handicapped parking spaces in residential areas shall meet the following requirements: (1) The person requesting the reserved handicapped parking space must not have accessible off-street parking available at the site of the proposed handicapped parking space. (2) The person requesting must either: (A) Be handicapped himself/herself, or (B) Reside with the handicapped person and be responsible for his/her transportation, or (C) Not reside with the handicapped person, but be primarily responsible for his/her transportation. Requests meeting the criteria of (A) or (B) will generally be in the nature of a handicapped parking space, as near as possible to the residence, and limited to one space per residence. Requests meeting the criteria of (C) may require supporting evidence of frequency of transportation of the handicapped person, and may be granted in the form of a “loading zone” type limited-time handicapped space where traffic flow would justify such. The space is to be located at the residence of the handicapped person. (3) The space cannot conflict with any parking restriction already in place, or restrict the normal flow of traffic. Where existing parking restrictions limit only the duration of parking (as in a two-hour limit), a “loading zone” type limited-time handicapped space may be issued. Where no parking is allowed at all, or is not allowed during designated hours due to restriction of traffic flow, no handicapped space will be designated. (4) The person requesting the handicapped space shall notify the Traffic Division of the Richmond Police Department when the handicapped plate or placard expires or when the person requesting or the handicapped person moves, so that the sign designating a handicapped parking space can be removed. (5) Requests for residential handicapped parking spaces will be granted for a term of one (1) year, renewable annually by request in writing to the Board of Public Works and Safety stating that the facts of the original request remain true. The renewal request may be made by letter to the Office of the City Clerk during the period from thirty (30 days prior to thirty (30) days after the date one (1) year from the granting of the request. If no renewal has been received by the Clerk’s Office thirty (30) days after this one (1) year date, the handicapped parking sign may be removed by the Traffic Division without notice to the person requesting. The Traffic Division shall keep accurate records of requests granted and dates granted. (6) Persons who are granted a residential handicapped parking space shall pay an initial fee of $40.00. Persons whose handicapped spaces are renewed shall pay a renewal fee of $5.00. (Ord. 117-1984; Ord. 49-1990; Ord. 34-2017) After approval by the Board of Public Works and Safety of the new or renewal designation, the designation tag issued by the City Clerk’s office will contain the assigned number that matches the number posted on the sign designating the reserved space. Upon complaint by a person who is granted a new or renewal residential handicapped parking space, unauthorized persons or owners of unattended vehicles parking within said reserved residential space shall be deemed to be in violation of this section and shall be fined as set forth in subsection (f) below. (Ord. 61-2014) (f) Designation of parking space for the exclusive use of handicapped persons shall not exempt the spaces nor the vehicles parked in such spaces from any other applicable traffic or parking laws, ordinances and regulations unless so determined by the Board of Public Works and Safety. The operator of a vehicle or the owner of an unattended vehicle parked in violation of this section shall be fined $50.00. (Ord. 86-1994) 74.30 FIRE LANE (a) No unauthorized vehicle shall be parked in any marked fire lane within the City regardless of whether it is located on private or public property. (b) “Unauthorized vehicle” shall mean any vehicle other than emergency, fire or police vehicles. (c) The operator of a vehicle or the owner of an unattended vehicle parked in violation of this section shall be fined $50.00. (Ord. 86-1994) STOPPING FOR LOADING OR UNLOADING ONLY 74.35 PUBLIC CARRIER STOPS AND STANDS The Board shall establish bus stops, bus stands, and taxicab stands on public streets in such places and in such numbers as it shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand, or taxicab stand shall be designated by appropriate signs or markings. (Ord. 1781-1960) 74.36 STOPPING, STANDING, AND PARKING OF BUSES AND TAXICABS (a) The operator of a bus shall not stand or park the vehicle on any street other than at a bus stand designated as provided herein. (b) The operator of a bus shall not stop the vehicle on any street at any place for the purpose of loading or unloading passengers other than at a bus stop or bus stand designated as provided herein, except in case of an emergency. (c) The operator of a bus shall enter a bus stop or bus stand on a public street in such a manner that the bus when stopped to load or unload passengers shall be in a position with the right front wheel of the vehicles not further than 18 inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic. (d) The operator of a taxicab shall not stand or park the vehicle on any street at any place, other than in a taxicab stand designated as provided herein. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers. (Ord. 1781-1960) (e) The operator of a bus or taxicab who violates this section shall be fined $40.00. (Ord. 116-1997; Ord. 34-2017) 74.37 RESTRICTED USE OF BUS AND TAXICAB STANDS No vehicle other than a bus in a bus stop or a taxicab in a taxicab stand shall be stopped, stood or parked in the stop or stand that has been officially designated and appropriately signed. The driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when the stop does not interfere with any bus or taxicab waiting to enter or about to enter the zone. The operator of the vehicle or the owner of an unattended vehicle shall be liable for violation of this section and fined $40.00. (Ord. 116-1997; Ord. 34-2017) LOADING ZONE 74.40 PARK AND LOAD PERMIT (a) Where signs are erected designating loading zones, no vehicle shall park, be stopped, stood or parked, unless for the express purpose of loading or unloading multiple or heavy items associated with the business district. (b) Park and Load Permits - Any commercial vehicle which stops to load or unload items associated with the business district on a regular basis, shall have affixed on a rear door or glass window, a park and load permit. Any motor vehicle displaying the park and load permit will be permitted to park in and about the City of Richmond for the purpose of loading and unloading. The vehicles shall not be parked in any area which will cause a hazard to other motor vehicles or pedestrians. The vehicles must display operating emergency flashers during the stop. (c) Classes of Park and Load Permits (1) Class A - permit is valid for commercial loading and unloading throughout the City. In order to obtain a class A permit, the applicant must demonstrate to the satisfaction of the Police Department - Traffic Division, that an unlimited park and load permit is necessary. If the Police Department - Traffic Division finds to its satisfaction that loading and unloading in a marked fire lane is necessary, a notation may be made on the permit to allow loading and unloading in a fire lane. Vehicles may not be parked longer than fifteen (15) minutes. Fee is $10.00 per vehicle per year. (2) Class B - permit is valid for up to three (3) specific locations for commercial loading and unloading which are to be designated on the permit. Vehicles may not park longer than thirty (30) minutes. Fee is $40.00 per vehicle per two-year period. (d) Permits shall be issued through the Police Department -Traffic Division. (e) The operator of a vehicle or the owner of an unattended vehicle shall be liable for violation of this section and fined $40.00. (Ord. 116-1997; Ord 34-3017) PARKING FACILITIES 74.45 DOWNTOWN PARKING GARAGE (a) It is unlawful for any person to operate in the Downtown Parking Garage any vehicle not licensed as a private passenger vehicle or private pleasure vehicle as defined by Motor Vehicle Statutes of the State of Indiana, provided that the Board of Public Works and Safety may by appropriate resolution designate a portion of the Downtown Parking Garage for use by bicycles or motorcycles or other vehicles. (b) It is unlawful for any person to operate in the Downtown Parking Garage any vehicle which has a height in excess of seven feet or any vehicle which has attached thereto or situated thereon any object the height of which, in combination with the height of the vehicle, shall exceed seven feet. (c) It is unlawful for any person to operate in the Downtown Parking Garage any vehicle which shall have a gross weight in excess of 7000 pounds, or a gross weight on any wheel of the vehicle in excess of 2000 pounds. (d) It is unlawful for any person to operate in the Downtown Parking Garage any vehicle which contains or carries on the vehicle any highly combustible or explosive material of any kind, except fuel for the vehicle contained in tanks or storage compartments, which tanks or storage compartments shall constitute an integral part of the vehicle and are located on the vehicle solely for the purpose of carrying the fuel. (e) It is unlawful for any person to operate in the Downtown Parking Garage any vehicle at a speed greater than ten miles per hour. (f) It is unlawful for any person to park any vehicle in the Downtown Parking Garage in any area except between lines which shall identify parking spaces for vehicles in the Downtown Parking Garage. (Ord. 3091-1976) (g) The penalty for violation of this section is a $40.00 fine. (Ord. 116-1997; Ord. 34- 2017) 74.47 OFF STREET PARKING FACILITIES (a) The following properties are either owned or leased by the City and shall be known as Off Street Parking Facilities. (1) North 6th Street Lot (Lot A) - located in the 100 block of North 6th Street on the east side, extending east to the alley, bounded on the north by North B Street, and bounded on the south by private property. (2) North 7th Street Lot (Lot B) - located in the first block of North 7th Street on the west side, extending west to North 6th Street, bounded on the north by North A Street, and bounded on the south by the service drive. (3) South 6th Street Lot (Lot C) - located in the first block of South 6th Street on the east side, extending east to private property, bounded on the north by the service drive, and bounded on the south by South A Street. (4) Downtown Parking Garage – (Lot D) - located in the first block of South 8th Street on the west side, extending west to South 7th Street, bounded on the north by the alley, and bounded on the south by the service drive. (5) South 9th Street Lot (Lot E) - located in the first block of South 9th Street on the west side, across 9th Street from the “Leland” Lot, bounded on the east by South 9th Street, on the west by the alley, and on the north and south by private property. (6) South 9th Street Lot (Lot F) - located in the first block of South 9th Street on the east side, bounded on the south by the Leland Hotel, the east by the alley, the west by South 9th Street, and the north by private property. (7) South 9th Street Lot (Lot G) - located in the 100 block of South 9th Street on the east side, extending east to South 10th Street, bounded on the north by private property and Park Place, and bounded on the south by private property. (8) North 10th Street Lot (Lot H) - located in the first block of North 10th Street on the east side, extending east to the alley, bounded on the north by the Richmond Power & Light Sub-Station, and bounded on the south by Sailor Street (9) Corner Lot at North 10th and East Main Streets (Lot I) - located in the first block of North 10th Street, on the east side, bounded on the north by Sailor Street, on the south by East Main Street, on the east by private property, and on the west by North 10th Street. (10) South G Street Lot (Lot K) - located in the 700 block of South 6th Street on the east side, extending south to private property, bounded on the east and north by the railroad, and bounded on the west by South 6th Street. (11) Municipal Building Lot (Lot L located in the 300 block of East Main Street on the north side immediately west and south of the Municipal Building. (12) South M Street Lot (“Fire Station #4” Lot M) - located in the 800 block of South M Street on the north side, extending north to Fire Station No. 4, bounded on the east by the service drive, and bounded on the west by South 8th Street. (Ord. 58-2002; Ord. 1-2009; Ord. 34-2017) (b) Pursuant to Indiana Code 36-9-11-7, the Board has established the following charges for off-street parking facilities: 1. North 6th Street Lot (Lot A) (a) Three hours free parking. (b) Monthly parking pass for "Reserved" section, $15.00. 2. North 7th Street Lot (Lot B) (Jack Elstro Plaza) (a) Three hours free parking. (b) Monthly parking pass for "Reserved" section, $15.00. 3. South 6th Street Lot (Lot C) (a) Three hours free parking. (b) Monthly parking pass for "Reserved" section, $15.00. 4. Parking Garage (Lot D) (a) Three hours free parking. (b) Monthly parking pass for “Reserved section”, $15.00. 5. South 9th Street Lot (Lot E) (a) Three hours free parking (b) Monthly parking pass for “Reserved” section, $15.00. 6. South 9th Street Lot (Lot F) (a) Monthly parking pass for “Reserved” section, $15.00. (b) Three hours free parking. 7. South 9th Street Lot (100 Block - Lot G) (a) Public parking available without time limits. 8. North 10th Street Lot (Lot H) (a) Monthly parking pass, $15.00. (b) Parking in these facilities by monthly parking pass only. 9. Corner Lot at North 10th and East Main Streets (Lot I) (a) Three hours free parking 10. South G Street Lot (Lot K) (a) Public parking available without time limits subject to Section 74.21. 11. Municipal Building Lot (Lot L) (a) Reserved parking for City employees as designated by the (b) Board of Public Works and Safety. (c) Three hour parking limit throughout the remainder of the facility. 12. South M Street Lot (“Fire Station #4” Lot M) (a) Public parking available without time limits subject to section 74.21. (Ord. 34-1998; Ord. 58-2002; Ord. 1-2009; Ord. 36-2015; Ord. 34-2017) (c) The Board shall paint lines for parking spaces in all Off Street Parking Facilities where possible and maintain signage consistent with part (b) of this section. (d) No vehicle shall be parked beyond the posted time limit in any Of f Street Parking Facility or in violation of any terms of this Chapter as they relate to such Off Street Parking Facility. The operator of the vehicle or the owner of an unattended vehicle shall be liable for a violation of this section and fined $50.00 (reduced to $40 if paid within 72 hours), unless it is ultimately shown to be a violation of Section 74.47(g) herein, in which case the fine shall be $20.00. (Ord. 116-1997) (Ord. 36-2015) (Ord. 34-2017) (e) No vehicle shall be parked across a parking space line in any Off Street Parking Facility. The operator of the vehicle or the owner of an unattended vehicle shall be liable for violation of this section and fined $40.00. (Ord. 116-1997; Ord. 34-2017) (f) All provisions of chapter 74 shall be enforced in Off Street Parking Facilities the same as if the violation had occurred on a City street. The penalty for a violation in an Off Street Parking Facility shall be the same as if the violation had occurred on a City street. (g) Any annual or monthly parking pass issued pursuant to this chapter must be displayed in the front windshield of the vehicle when parking in any off -street parking facility. Failure to display said parking pass while parked in a lot or an area reserved for those with such passes shall result in a fine of $15.00, which must be paid prior to renewing the reserved parking pass. (Ord. 116-1997)(Ord. 50-1998)(Ord. 34-2017) (h) Yearly reserved parking passes shall be available in any Off Street Parking Facility at which monthly passes are available. The yearly passes shall be for the calendar year, shall be available from November through January, and shall be sold for eleven (11) times the cost of a monthly pass for that parking facility (Ord. 58-2002) (i) New businesses (defined as any business moving into or starting as a new business in the Uptown area on or after December 1, 2016, which area shall be bounded by the Whitewater River to the west, 11th Street to the east, North A Street to the north and South A Street to the south) that agree to purchase monthly parking passes for all their employees shall receive free parking passes for the first year. Parking passes will be full price for the second and following years. (Ord. 58-2002; Ord. 26-2012)(Ord. 34-2017) (j) All monthly parking passes for the off-street parking facility described within Sub- Sections 74.47(b)(6) (Lot H), shall designate a specific parking space applicable for such pass. The failure of the monthly parking pass holder to park in that designated place shall be treated as a violation of Section 74.47(d) of this Code. (Ord. 116-1997)(Ord. 1-1998) (k) Residents of the downtown business district (bounded by the Whitewater River to the west, 141th Street to the east, North A Street to the north and South A Street to the south) will be assigned parking spaces at no charge in any of the designated parking facilities. (l) The number and location of reserved spaces within any off -street parking facility shall be designated by the City Clerk. The City Clerk is also hereby delegated the authority to impose any reasonable regulation in any off-street parking facility as may be necessary for the efficient operation thereof. (Ord. 17-1998) 74.50 TICKETS - PAYMENT OF FINES (a) It shall be the duty of the police officers of the City to issue tickets for violations of this chapter. The ticket shall include: (1) The name of the operator of an attended vehicle. (2) The state license number, make, and color of the vehicle regardless of whether it is attended or unattended. (3) The officer’s name and badge number. (4) The section number of this code which was violated and a brief description of the violation or the violation number shown on the reverse side of the ticket. (b) Each police officer shall attach the ticket to the vehicle if it is unattended. If the vehicle is attended, the officer shall give the ticket to the operator of the vehicle. (c) All fines imposed by this chapter shall be paid to the City Clerk. (d) All $40.00 fines in this chapter shall be reduced to $20.00 if paid within 3 days of the date shown on the ticket. (Ord. 116-1997; Ord. 34-2017) (e) Any fine not paid within 14 days of the date shown on the ticket shall be increased by a late fee of $15.00. (f) Failure to pay a fine within 30 days of the date shown on the ticket shall result in an enforcement action being filed in Wayne Superior Court No. 3 - Small Claims Division. 74.51 HANG TAG REPLACEMENT In the event it is necessary to replace a hang tag, a charge of $5.00 will be assessed. (Ord. 34- 2017)