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HomeMy Public PortalAbout047-1984 - ORDINANCE IMPOSING RESTRICTIONS ON PARKING IN THE DESIGNATED RESIDENTIAL DISTRICTS AND AUTHORIZING THE CONDITIONAL ISSUANCE OF PARKING PERMITS TO RESIDENTS OF SUCH DISTRICTSAMENDED ORDINANCE N0, 47-1984 AN ORDINANCE IMPOSING RESTRICTIONS ON PARKING IN DESIGNATED RESIDENTIAL DISTRICTS AND AUTHORIZING THE CONDITIONAL ISSUANCE OF PARKING PERMITS TO RESIDENTS OF SUCH DISTRICTS. WHEREAS, the City Council of Richmond finds and declares that the provisions of this ordinance are enacted for the following reasons: (a) To reduce hazardous traffic conditions resulting from the use of streets within residential districts for vehicles parked by persons not residing within the residential districts; (b) To protect these residential districts from polluted air, excessive noise and refuse caused by the entry of such vehicles; (c) To protect the residents of these residential districts from unreasonable burdens in gaining access to their residences; (d) To preserve the character of these districts as residential districts; (e) To encourage the use of public transportation; (f) To promote efficiency in the maintenance of streets in these residential districts in a clean and safe condition; (g) To preserve the value of the property in these residential districts; (h) To promote traffic safety and the safety of children and other pedestrians in these residential districts; (i) To forestall dangers arising from the blocking of fire lanes, hydrants and other facilities required by emergency vehicles, both in reaching victims and in transporting them to hospitals; (j) To facilitate the movement of traffic in the event of accidents and other disasters; and (k) To promote the peace, comfort, convenience, and welfare of all inhabitants of the City. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Wayne County, Indiana, that the following be added to the City Code as Section 74.28. SECTION 1. Definitions As used in this ordinance, (a) Residential District shall mean a contigous or nearly contigous 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); (b) Residential Parking Permit Area shall mean a residential district where curbside parking on publlc highways is limited to not more than two (2) consecutive hours between 8:30 a.m. and 5:00 p.m. on weekdays, excepting Sundays and holidays, unless the vehicle properly displays a parking permit authorized by this ordinance; and (c) 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. SECTION II Designation of Residential Parking Permit Area (a) In order for the City Council to determine whether a residential district, or portion thereof, shall be designated, or shall continue to be designated, as a residential parking permit area,the Board of Public Works and Safety shall conduct, upon its own initiative or upon a petition signed by a majority of the residents in the district or portion thereof, a public hearing prior to such designation and prior to the withdrawal of such designation. Such public hearing shall be held only after due notice has been published two (2) times in a newspaper of general circulation in the City. The notice shall clearly 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 proposed parking permit fees to be charged. In addition to the published notice, a similar notification shall be prominently posted in the proposed or existing resident parking permit area within the proposed, or existing, residential parking permit area. During such public hearing any interested person shall be entitled to appear, to be heard and to submit a written statement for the record. The Board of Public Works and Safety at its discretions, may impose a reasonable limit- ation upon the length of time that any interested person may be heard. A record of all oral and written statements by all interested persons shall be maintained by the Board of Public Works and Safety. (b) To enable the City Council to determine whether a residential district or portion thereof, shall be designated, or shall continue to be designated, as a residential parking permit area, the Board of Public Works and Safety shall also conduct, on a weekday within fifteen (15) days following completion of the public hearing, between 8:30 a.m. and 5:00 p.m., a block -by -block survey of the proposed, or existing, residential parking permit area. No residential district, or portion thereof, shall be designated as a residential parking permit area unless the survey of it reveals the following; (1) The total number of curbside parking spaces occupied by vehicles equals or exceeds seventy-five percent (75%) of the number of curbside parking spaces on the public highways of the proposed, or existing, residential parking permit area; and (2) The total number of curbside parking spaces occupied by vehicles whose operators do not reside within the proposed, or existing, residential parking permit area equals or exceeds twenty-five percent (25%) of the total number of curbside parking spaces occupied by vehicles. (c) Within thirty (30) days following the close of the public hearing, the Board of Public Works and Safety whall recommend by written report to the City Council, based on the record of the public hearing and the results of the survey, whether to designate the residential district or portion thereof under consideration as a residential parking permit area or whether to withdraw the designation of an existing residential parking permit area. The report shall also demonstrate that the Board of Public Works and Safety, in making the recommendation, has taken into account the following: (1) The effect on the safety of the residents of the proposed, or existing, residential parking permit area from intensive vehicle parking by nonresidents; (2) The difficulty or inability of residents of the proposed, or existing, 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 non- resident motorists; (3) The likelihood of alleviating, by use of the residential parking .permit system established by this ordinance, any problems of nonavailability of residential parking spaces; (4) The desire of the residents in the proposed,or existing residential parking permit system and the willingness of those residents to bear the costs incidential to the issuance of parking permits authorized by this ordinance; and (5) The need for some parking spaces to be available in the proposed or existing residential parking permit area for use by the general public. (d) Within forty-five (45) days following its receipt of the report, the City Council shall vote, as applicable, (1) Whether to designate the residential district or portion thereof . under consideration as a residential parking permit area; or (2) Whether to withdraw the designation of an existing residential parking permit area. SECTION III. Posting of Residential Parking Permit Signs (a) Following the City Council's affirmative vote to designate a residential parking permit area, parking signs shall be erected 'in the designated area. (b) The signs shall be of such character as to inform readily an ordinarily observant person that curbside parking on public highways in the designated area is limited to not more than two (2) consecutive hours between 8:30 a.m. and 5:00 p.m. on weekdays, excepting Sundays and holidays, unless the vehicle properly displays a parking permit author- ized by this ordinance. SECTION IV Notice to Residents of Designation of Residential Parking Permit Area (a) Following the City Coucil's affirmative vote to designate a residential parking permit area, the City Clerk's office`sl-hall mail to every residence within the designated residential parking permit area the following documents: (1) A<Notice of Designation which shall inform the residents in the designated area of; (a) The existence, exact location and numerical designation of the residential parking permit area; (b) The parking restrictions applicable to all vehicles in curb- side parking spaces along public highways in the designated area which do not properly display a parking permit authorized by this ordinance; and (c) The procedures to obtain a residential or visitor, business or guest 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 driver's license number of the principle operator 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. SECTION V. Issuance of Residential Parking Permits (a) Upon the applicant's payment of a three dollar ($3.00) residential parking permit fee, his submission of a completed and validated residential parking permit application and his fulfillment of all applicable provisions of this ordinance controlling issuance, renewal or transfer of residential parking permits, the applicant shall receive one (1) residential parking permit for the vehicle described in the application. Such residential parking permit shall'be securely affixed to the inside bottom left corner of the front windshield of the vehicle and shall display the following information: (1) The license plate number and registration number of the vehicle; (2) The numerical designation of the residential parking permit area; and (3) The expiration date of the residential parking permit shall be December 31st of each year. (b) 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. (c) The applicant for, and holder of, the residential parking permit shall be the owner or principal operator of the vehicle receiving the parking permit. (d) 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 .. SECTION VI. Renewal of Residential Parking Permits (a) Upon the holder's payment of a three dollar ($3.00) residential parking permit renewal fee, his submission of a completed and validated resid- ential parking permit application, his fullfillment of all applicable provisions of this ordinance controlling issuance, renewal or transfer of residential parking permits, on or before the expiration date of the existing residential parking permit, the holder shall receive a new residential parking permit. (b) The expriation date to be displayed on the new residential parking permit shall be one (1) year following the expiration date of the existing residential parking permit. SECTION VII. Transfer of Residential Parking Permits (a) Upon the holder's payment of a one dollar ($1.00) residential parking permit transfer fee, his submission of a completed and validated resid- ential parking permit application, his fullfillment of all applicable provisions of this ordinance controlling issuance, renewal or transfer of residential parking permits, and his surrender of his existing resid- ential parking permit, the holder shall receive a new residential parking permit to be transferred to another qualifying vehicle. (b) The transfer of the residential parking permit to another qualifying vehicle shall not affect its expiration date. SECTION VIII. Issuance of Permits for Visitors Upon application of any resident of a residential parking permit area, the City Clerk's office shall issue a visitor parking permit to the resident for the visitor's vehicle to be limited to that particular parking permit area and for a period not exceeding thirty (30) days. No more than two visitor parking permits shall be issued to any one residence at any one time. For the purposes of this ordinance, the resident shall be the holder of and responsible for the use and misuse of the visitor parkign permits issued to him. SECTION IX. Issuance of Permits for Persons Doing Business with a Resident (a) Upon application of any resident of a residential parking permit area and any person doing business with this resident, the City Clerk's office shall issue a business parking permit to the resident for the vehicle of the person doing business with the resident to be limited to that particular parking permit area for a period not exceeding the estimated time, as shown on the application, required to complete the business transaction. No busienss parking permit shall be valid for more than thirty (30) days. For the purposes of this ordinance, the resident shall be the holder of and responsible for the use and misuse of the business parking permits issued to him. (b) The parking restrictions imposed by this ordinance shall not apply to any service or delivery vehicle when used to provide services or to make deliveries to residences within a residential parking permit area, provided that the parking of the service or delivery vehicle within the parking permit area does n'ot exceed four (4) hours in duration on any given day. The parking of any such vehicle within the parking permit area for more than four (4) hours on any given day will require an application for a business parking permit. SECTION X. Issuance of Permits for Guests Upon application of any resident of a residential parking permit area, the City Clerk's office shall issue a guest parking permit to the resident for the guest's vehicle to be valid for only one (1) day, if the issuance of the permit will not unduly impair traffic safety during the time of the permit's validity. Use of guest parking permits may be restricted to desig- nated streets or portions of streets within the residential parking permit area. The number of such permits outstanding shall not exceed at any time fifty percent (50%) of the total number of available parking spaces. SECTION XI. Use of Residential,.Visitor, Business and Guest Parking Permits (a) All visitor, business and guest parking permits shall be displayed on or about the front windshield of the vehicle so as to be easily visbile from outside the vehicle. Such parking permits shall rob tain the following: (1) The runerical designation of the residential parking permit area; (2) The name and address of the resident to whom the parking permit was issued; and (3) The expiration date of the parking permit. (b) 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. (c) Whenever the holder of a residential, visitor, business 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 ordinance cont- rolling issuance, renewal or transfer of parking permits, the holder shall so notify the City Clerk's office, who may then direct the holder to surr- ender the parking permit. (d) Until its expiration, surrender or revocation, a parking permit shall remain valid for such time as the holder continues to reside within:'tho" designated residential parking permit area. (e) A parking permit shall be valid only in the residential parking permit area for which it is issued. (f) 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. (g) 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. (h) 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. SECTION XII. Exemptions (a) 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. (b) 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. SECTION XIII. Withdrawal of Designation of Residential Parking Permit Area (a) Following the City Council's affirmative vote to withdraw the designation of an existing residential parking permit area, the City Clerk's Office shall mail to every residence within the existing residential parking permit area, a notice of the Council's withdrawal of the designation. Said notice shall specify the effective date of the withdrawal of the designation. (b) Theeffective date of the withdrawal of the designation of an existing residential parking permit area shall be thirty (30) days following the date of the City Council's affirmative vote to withdraw the designation. SECTION XIV. 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. SECTION XV. Penalty If a resdiential 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 tGro-hour parking restriction, shall be subject to the penalty for overtime parking, pursuant to Section 74.99 of the Richmond City Code. SECTION XVI. 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 specif- ically exempted therefrom. SECTION XVII. Effective Date This Ordinance shall become effective October 15, 1984. PASSED AND ADOPTED by the Common Council of the City of Richmond, Wayne County, Indiana this�day of 1984. % esi ent of 'C�non Council ATTEST: (/// City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this ;n,,&ay:of 1984. APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this_,,?, day of d _ , 1984. r yor ATTEST: City PL'Dlic notice is hereby made by the City Clerk of the City, of Richmond, Indiana of the adoption and passage of Amended ordinance No. 47-1984. AMENDED ORDINANCE NO. 47-1984AN - ORDINANCE AND AUZI RESTRICTIONS THOR THEE CONDITIONAL ISSUANC OF�PG IN DESIGNATED SDISTRICTSIDENTIAL PARKING PERMITS TO RESIDENTS OFSSUCH DISTRICTS. WHEREAS, the City Council of Richmond finds and declares that the provisions of this ordinance are enacted for the following reasons: (a) To reduce hazardous traffic conditions resulting from the use of streets within residential districts for vehicles parked by persons not residing within the residential districts; (b) To protect these residential districts from polluted air, excessive noise and refuse caused by the entry of such vehicles; (c) To protect the residents of these residential districts from unreasonable burdens in gaining access to their residences; (d) To preserve the character of these districts as residential districts; (e) To encourage the use of public transportation; (f) To promote efficiency in the maintenance of streets in these residential districts in a clean and safe condition; (g) To preserve the value of the property in these residential districts; (h) To promote traffic safety and the safety of children and other pedestrians in these residential districts; (i) To forestall dangers arising from the blocking of fire lanes, hydrants and other facilities required by emergency vehicles, both in reaching victims and in transporting than to hospitals; (j) To facilitate the movement of traffic in the event of accidents and other disasters; and (k) To promote the peace, comfort, convenience, and welfare of all inhabitants of the City. Nad THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Wayne County, Indiana, that the following be added to the City Code as Section 74.28. SECTION 1. Definitions As used in this ordinance, (a) Residential District shall mean a contigous or nearly contigous 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); (b) Residential Parkin�Pernit Area shall mean a residential district where curbside parkin on public highways is limited to not more than two (2) consecutive hours between 8:30 a.m, and 5:00 p.m. on weekdays, excepting Sundays and holidays, unless the vehicle properly displays a parking permit authorized by this ordinance; and (c) Curbsde Parking Space shall mean twenty (20) linear feet of curb, excli uive of those portions of the curb where parking, apart from the provisions of this ordinance, is not presently permitted. SECTION II Designation of Residential Parking Permit Area (a) In order for the City Council to determine whether a residential district, or portion thereof, shall be designated, or shall continue to be designated, as a residential parking permit area,the Board of Public Works and Safety shall conduct, upon its own initiative or upon a petition signed by a majority of the residents in the district or portion thereof, a public hearing prior to such designation and prior to the withdrawal of such designation. Such public hearing shall be held only after due notice has been published two (2) times in a newspaper of general circulation in the City. The notice shall clearly 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 proposed parking permit fees to be charged. In addition to the published notice, a similar notification shall be prominently posted in the proposed or existing resident parking permit area within the proposed, or existing, residential parking permit area. During such public hearing any interested person shall be entitled to appear, to be heard and to submit a written statement for the record. The Board of Public Works and Safety at its discretions, may impose a reasonable limit- ation upon the length of time that any interested person may be heard. A record of all oral and written statements by all interested persons shall be maintained by the Board of Public Works and Safety. (b) To enable the City Council to determine whether a residential district or portiori thereof, shall be designated, or shall continue to be designated, as a residential parking permit area, the Board of Public Works and Safety shall also conduct, on a weekday within fifteen (15) days following completion of the public hearing, between 8:30 a.m. and 5:00 p.m., a block -by -block survey of the proposed, or existing, residential parking permit area. No residential district, or portion thereof, shall be designated as a residential parking permit area unless the survey of it reveals the following; (1) The total number of curbside parking spaces occupied by vehicles equals or exceeds seventy-five percent (75%) of the number of curbside parking spaces on the public highways of the proposed, or existing, residential parking permit area; and (2) The total number of curbside parking spaces occupied by vehicles whose operators do not reside within the proposed, or existing, residential parking permit area equals or exceeds twenty-five percent (25%) of the total number of curbside parking spaces occupied by vehicles. (c) Within thirty (30) days following the close of the public hearing, the Board of Public Works and Safety whall recommend by written report to the City Council, based on the record of the public hearing and the results of the survey,, whether to designate the residential district or portion thereof under consideration as a residential parking permit area or whether to withdraw the designation of an existing residential parking permit area. The report shall also demonstrate that the Board of Public Works and Safety, in making the recommendation, has taken into account the following: (1) The effect on the safety of the residents of the proposed, or existing, residential parking permit area from intensive vehicle parking by nonresidents; (2) The difficulty or inability of residents of the proposed, or existing, 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 non- resident motorists; (3) The likelihood of alleviating, by use of the residential parking permit system established by this ordinance, any problems of nonavailability of residential parking spaces; (4) The desire of the residents in the proposed,or existin* residential parking permit system and the willingness of those residents to bear the costs incidential to the issuance of parking permits authorized by this ordinance; and (5) The need for some parking spaces to be available in the proposed or existing residential parking permit area for use by the general public. (d) Within forty-five (45) days following its receipt of the report, the City Council shall vote, as applicable, (1) Whether to designate the residential district or portion thereof under consideration as a residential parking permit area; or (2) Whether to withdraw the designation of an existing residential parking permit area. SECTION III. Posting of Residential Parking Permit Signs (a) Following the City Council's affirmative vote to designate a residential parking permit area, parking signs shall be erected in the designated area. (b) The signs shall be of such character as to inform readily an ordinarily observant person that curbside parking on public highways in the designated area is limited to not more than two (2) consecutive hours between 8:30 a.m, and 5:00 p.m. on weekdays, excepting Sundays and holidays, unless the vehicle properly displays a parking permit author- ized by this ordinance. SECTION IV Notice to Residents of Designation of Residential Parking Permit Area (a) Following the City Coucil'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: (1) A Notice of Desi tion which shall inform the residents in the designated area o ; (a) The existence, exact location and numerical designation of the residential parking permit area; (b) The parking restrictions applicable to all vehicles in curb- side parking spaces along public highways in the designated area which do not properly display a parking permit authorized by this ordinance; and (c) The procedures to obtain a residential or visitor, business or guest parking permit; (2) An A lication for Residential Parkin Permit on which the applicant is to provide t e o owing m ormatron or 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 driver's license number of the principle operator 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. SECTION V. Issuance of Residential Parking Permits (a) Upon the applicant's payment of a three dollar ($3.00) residential parking permit fee, his submission of a completed and validated residential parking permit application and his fulfillment of all applicable provisions of this ordinance controlling issuance, renewal or transfer of residential parking permits, the applicant shall receive one (1) residential parking permit for the vehicle described in the application. Such residential parking permit shall oe securely affixed to the inside bottomi left corner of the front windshield of the vehicle and shall display the following information: (1) The license plate number and registration number of the vehicle; (2) The numerical designation of the residential parking permit area; and (3) The expiration date of the residential parking permit shall be December 31st of each year. (b) 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. (c) The applicant for, and holder of, the residential parkin permit shall be the owner or principal operator of the vehicle receiving the parking permit. (d) 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 then.. SECTION VI. Renewal of Residential Parking Permits (a) Upon the holder's payment of a three dollar ($3.00) residential parking permit renewal fee, his submission of a completed and validated resid- ential parking permit application, his fullfillment of all applicable provisions of this ordinance controlling issuance, renewal or transfer of residential parking permits, on or before the expiration date of the existing residential parking permit, the holder shall receive a new residential parking permit. (b) The expriation date to be displayed on the new residential parking permit shall be one (1) year following the expiration date of the existing residential parking permit. SECTION VII, Transfer of Residential Parking Permits (a) Upon the holder's payment of a one dollar ($1.00) residential parkin permit transfer fee, his submission of a completed and validated resid- ential parking permit application, his fullfillment of all applicable provisions of this ordinance controlling issuance, renewal or transfer of residential parking permits, and his surrender of his existing resid- ential parking permit, the holder shall receive a new residential parking permit to be transferred to another qualifying vehicle. (b) The transfer of the residential parking permit to another qualifying vehicle shall not affect its expiration date. SECTION VIII. Issuance of Permits for Visitors Upon application of any resident of a residentiql parking permit area, the City Clerk's office shall issue a visitor parking permit to the resident for the visitor's vehicle to be limited to that particular parking permit area and for a period not exceeding thirty (30) days. No more than two visitor parking permits shall be issued to any one residence at any one time. For the purposes of this ordinance, the resident shall be the holder of and responsible for the use and misuse of the visitor parkign permits issued to him. SECTION IX. Issuance of Permits for Persons Doing Business with a Resident (a) Upon application of any resident of a residential parking permit area and any person doing business with this resident, the City Clerk's office shall issue a business parking permit to the resident for the vehicle of the person doing business with the resident to be limited to that particular parking permit area for a period not exceeding the estimated time, as shown on the application, required to complete the business transaction. No busienss parking permit shall be valid for more than thirty (30) days. For the purposes of this ordinance, the resident shall be the holder of and responsible for the use and misuse of the business parking permits issued to him. (b) The parking restrictions imposed by this ordinance shall not apply to any service or delivery vehicle when used to provide services or to make deliveries to residences within a residential parking permit area, provided that the parking of the service or delivery vehicle within the parking permit area does not exceed four (4) hours in duration on any given day. The parking of any such vehicle within the parkin permit area for more than four (4) hours on any given day will require an application for a business parking permit. SECTION X. Issuance of Permits for Guests Upon application of any resident of a residential parking permit area, the City Clerk's office shall issue a guest parking permit to the resident for the guest's vehicle to be valid for only one (1) day, if the issuance of the permit will not unduly impair traffic safety during the time of the permit's validity. Use of guest parkin permits may be restricted to desig- nated streets or portions of streets within the residential parking permit area. The number of such permits outstanding shall not exceed at any time fifty percent (50%) of the total number of available parkin spaces. SECTION XI. Use of Residential, Visitor, Business and Guest Parkin? Permits (a) All visitor, business and guest parking permits shall be displayed on or about the front windshield of the vehicle so as to be easily visbile from outside the vehicle. Such parking permits shall ob twin the following- (1) The n merical designation of the residential parking permit area; (2) The name and address of the resident to whom the parking permit was issued; and (3) She expiration date of the parking permit. (b) A parking permit shall not "rantee 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. (c) Whenever the holder of a residential, visitor, business or guest parking permit, or the vehicle for which the parkin permit was issued, no longer fulfills one or more of the applicable provisions of this ordinance cont- rolling issuance, renewal or transfer of parking permits, the holder shall so notify the City Clerk's office, who may then direct the holder to surr- ender the parking permit. (d) Until its expiration, surrender or revocation, a parking permit shall remain valid for such time as the holder continues to reside within -the designated residential parking permit area. (e) A parking permit shall be valid only in the residential parking permit area for which it is issued. (f) 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. (g) 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. (h) 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. SECTION XII. Exemptions (a) 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. (b) 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. SEMON XIII. Withdrawal of Designation of Residential Parking Permit Area (a) Following the City Council's affirmative vote to withdraw the designation of an existing residential parking permit area, the City Clerk's Office shall mail.to every residence within the existing residential parking permit area, a notice of the Council's withdrawal of the designation, Said notice shall specify the effective date of the withdrawal of the designation. (b) Theeffective date of the withdrawal of the designation of an existing residential parking permit area shall be thirty (30) days following the date of the City Council's affirmative vote to withdraw the designation. SECTION XIV. 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. SECTION XV. Penalty If a resdiential 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 74.99 of the Richmond City Code. SECTION XVI. 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 specif- ically exempted therefrom. SECTION XVII. Effective Hate c This Ordinance shall becane effective October 15, 1984. A cony of this Amended Ordinance is on file in the office of the City Clerk of the City of Richmond, Indiana, 50 North 5th Street, Richmond, Indiana. Mary Merchanthouse City Clerk PUBLISH DATE: October 8, 1984 and Delivered by October 15,1984 Received Date Received �� /� NOTICE OF PUBLIC HEARING ON AMENDED ORDINANCE NO. 47-1984 Notice is hereby given that the Co¢mon Council of the City of Richmond, Wayne County, Indiana, will hold a public hearing on the 1st day of October, 1984 at 7:30 P.M. in the Council Chambers of the Richmond Municipal Building on Amended Ordinance No. 47-1984 - AN ORDINANCE IMPOSING RESTRICTIONS ON PARKING IN DESIGNATED RESIDETNIAL DISTRICTS AND AUTHORIZING THE CONDITIONAL ISSUANCE OF PARKING PERMITS TO RESIDENTS OF SUCH DISTRICTS. All parties interested in or affected by this Ordinance are invited to attend the public hearing to speak in favor of or in opposition to said Ordinance, /s/ Mary Merchanthouse City Clerk Publish Date: September 20, 1984 Delivered by Received by Date Received 9 gA COMMON COUNCIL VOTING RECORD I �y (ORDINANCE: / /%� WMITESELL PARKER aODIKER LEMOINE MORRIS ELSTRO WILLIAMS OOKIiANK FiANKINSON rules, lst read. ISusp. litle only............ .............. . ...................... Seconded Proof of Publication _— / ..... .. .. (Seconded �Mp;e to•2nd read .. a 5.. ...... ..... .. ...... ...... Seconded �.. ..... ...... .. ....... `Engrossment ;¢�cz Seconded ev ;usp. rules, 3rd read. iTitle only ✓ ... ................... ......... Se iV-ENDEO � ......... .......................... ...... ..... ... ....................... iSeconded (TABLED ...... ....... ....... veconded ...... ....... ...... ...............DR...% .. "EJECTION O C50LUTIOrJ: -- — WILLIAMS ROOKBAW HANK INSON bHITESELL PARKER BODIKER LEMOINE MORRIS ELSTRD LATE: I_vispend Rules Title only .... ....... ...... ............. Seconded TABLED................. ... ....... ....... ....... Seconded Movedfgr Adoption..... ....... .... .......