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HomeMy WebLinkAboutORDINANCES-1979-047-O-796/7/79, 'j 6/18/79 • 47-0-79 AN ORDINANCE Amending Section 27-12.6 Of The Code Of The City Of Evanston 'I WHEREAS, the City Council of the City of Evanston finds that it is in the best interests of the City of.Evanston to reduce vehicular congestion j I :! on residential streets and to facilitate the efficient movement of traffic by i providing for parking preference during certain hours of the day and days of i; the week; and ! WHEREAS, the City Council of the City of Evanston finds that a resi- !j dential permit parking regulation is necessary to promote the health, safety, • and welfare of the residents of the City by providing adequate parking spaces ,j for residents adjacent to or close by their places of residence; and I! ,f WHEREAS, the City Council of the City of Evanston finds that resi- dential permit parking will reduce motor vehicles miles traveled in the City of Evanston by requiring commuters to carpool or to utilize forms of transpor- tation which are less polluting per person than private passenger motor j vehicles, and thereby assist in the attainment of high ambient air quality �I standards as adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLI140IS: SECTION 1: That Section 27-12.6 of the Code of the City of Evanston is hereby amended to read as follows: j i+ 1 "Sec. 27-12.6. s A. Parking in Predominantly Residential Areas. I j, It shall be unlawful for any person to park a vehicle, other ! j than a passenger vehicle as defined in this chapter, in any • • • 47-0-79 street of any block in which more than one-half (1/2) of the buildings in such block are used exclusively for residential purposes, for a longer period than is necessary for the reason- ably expeditious loading or unloading of such vehicles. Any person violating the provisions of this Section shall be fined not less than Five Dollars ($5.00) nor more than Twenty -Five Dollars ($25.00) for each offense. B. Residential Permit Parking Areas. 1. The City Manager is hereby authorized to designate, by and with the consent of the City Council, as hereinafter pro- vided, streets and other public ways within the City on which the parking of vehicles may be restricted, to vehicles bearing a valid parking permit issued pursuant to this section. 2. As used in this section --- (a) 'Residential area' shall mean a contiguous or nearly contiguous area containing public high- ways or parts thereof primarily abutted by residential property or residential and non - business property (such as schools, parks, and churches), and designated as such by the City Manager. (b) 'Commuter vehicle' shall mean a motor vehicle parked in a residential area by a person not a resident thereof. 3. A residential area shall be deemedeligible for resi- dential permit parking if, based on objective criteria herein established, parking therein is 'impacted' by commuter vehicles between 8:00 A.M. and 5:00 P.M. weekdays, except National Holidays. 4. In determining whether an area identified as eligible for residential permit parking shall be designated as a residen- tial permit parking area, the area in question shall meet the following criteria: (a) The number of vehicles parked on the area streets during an average day between the hours of 8:00 A.M. to 5:00 P.M., except National Holidays. During any two consecutive hours, the number.of vehicles parked (or standing), legally or ille- gally, on the streets in the area must be equal to or greater than seventy percent (70%) of the legal on -street parking capacity of the area to qualify as an 'impacted' area. (b) The number of commuter vehicles parked (or standing) on the streets of the area during the same time period as ttf-(a) above. The number of commuter vehicles so parked in this category must be equal or greater than thirty percent (30%) of the total number of vehicles parked to qualify as an 'impacted' area. -2- 47-0-79 • ;i (c) There must be reasonable and generally accept- able alternate areas for the displaced commuter vehicles to relocate to, or other modes of transportation to be utilized so that the cause �I of the impacted area under study is not merely ! shifted to an adjacent neighborhood residential I� area. ji (d) The residents must be willing to accept the re- strictions of the permit parking program and to i� bear the administrative costs incurred because of the designation of a resident parking area. I, ;± The following factors shall also be considered: 'i �! (a) The possibility of a reduction in total vehicle �i miles driven in the City of Evanston and its en- virons; ij (b) The likelihood of alleviating traffic congestion, ` illegal parking, and related health and safety hazards; �) (c) The proximity of public transportation to the i; residential area; • ;! (d) The need for parking in proximity to establish- ments located therein and used by the general public for religious, educational, or recrea- tional purposes. 5. In order to determine. whether a particular street, ave-nue, or other location should be designated as a residential per- mit parking area, a public hearing will be conducted prior to the !( designation of a permit parking area, or prior to the withdrawal of such designation once it is established. The hearing shall II clearly state the exact location and boundaries of the residential permit parking area under consideration, the reasons why such area is being proposed for designation as a residential permit parking area, and, the permit parking fee that would be charged as pro- vided for herein. During such hearing any interested person shall be entitled to appear and be heard. No hearing shall be held and no area designated if it is not found to be an impacted area under I subsection 4 of this section. �I 6.(a) Following Council approval of the designation I; of a residential permit parking area, the City l Manager of his designee shall issue appropriate permits and shall cause parking signs to be erected in the area, indicating the times, lo- cations, and conditions under which parking shall be by permit only. The area shall be { described by stating which streets or portions • of streets that comprise the area and shall out- line the boundary of -residence in Schedule XVIII ! of the Code. A permit shall be issued upon ap- plication and payment of the applicable fee, ;! only to the owner, or the operator of a motor -3 -, 47-0-79 vehicle, who resides on property located within the residential permit parking area designated. (b) Following Council order to withdraw residential j parking designation, the City Manager or his !� designee shall cause the pertinent signs to be j! removed within a reasonable time period there- I after. 7. The application for a permit shall contain the name of i� the owner or operator of the motor vehicle, residential address, the motor vehicle's make, model, registration number, the number of the applicant's operator's permit, and the number of the City of Evanston Motor Vehicle License if legally required. The motor vehicle's registration and operator's license may, in the discre- tion of the City Manager, be,required to be presented at the time �± of making said application in order to verify the contents there- of. The owner or operator of any motor vehicle applying for a . residential parking permit shall have a valid City of Evanston '! motor vehicle license for the vehicle unless legally said license i is not required. The permit shall be renewed annually on or be- fore July 1, upon such conditions and procedures as the City Manager shall specify. The permit may be issued on a pro-rata, �i by month, basis; however, all permits issued after July 1 in any i! year shall be valid until June 30 of the succeeding year. The permit shall be displayed in a manner as determined and directed by the City Manager. The permit shall display the City motor, vehicle license number if required to have said license, zone i number, and expiration date. ' 8. Notwithstanding any provision of this Article to the contrary, the holder of a residential parking permit shall be i' permitted to stand or park a motor vehicle operated by him in the !! designated residential parking area specified on the permit dur- ing such times as the parking of motor vehicles therein is per- mitted. A residential parking permit shall not guarantee or re- serve to the holder a parking space within a designated residen- tial permit parking area. 9. A residential parking permit shall not authorize the �I. holder thereof to stand or park a motor vehicle in such places !I or during such times as the stopping, standing, or parking of motor vehicles is otherwise generally prohibited or set aside for specific types of vehicles (No Parking Any Time, Bus Stop, Loading Zone, etc.), nor exempt the holder from the observance �I of any traffic regulations. 10.(a) No person shall display a permit on any ve- hicle other than the vehicle described in the jj application for which a residential parking per- mit has been made and the permit issued. Any !; such use or display of a permit on a vehicle as • !; described above shall constitute a violation of this regulation by the permittee and by the per- son who so used or displayed such parking permit. (b) It shall constitute a violation of this regula- tion for any person to represent himself as eligible for a residential parking permit or to furnish any false information in an applica- tion. to the City Manager in order to obtain a residential parking permit. -4- 0 • • 47-0-79 �! (c) The City Manager is authorized, in accordance with due process regulations as stated in other parts of the Code of the City of Evanston, to revoke the residential parking permit of any permittee,found to be in violation of this regulation and, upon written notification there- of, the permittee shall surrender such permit to the City Manager. Failure, when so requested, �) to surrender a residential parking permit so re- voked shall constitute a violation of this regu- lation. !� 11. The fee of Six Dollars ($6.00) per permit annually is hereby established to cover administrative costs of permits, signs, i� and related costs of the Residential Permit Paring Program. A jf pro-rata fee of Fifty Cents ($.50) per month shall be used and a I minimum charge of Three Dollars ($3.00) imposed irrespective of the number of months remaining in the year as defined in this �I Section. The fee may be adjusted from time to time by the City Council as shall be deemed necessary. 12-. The City Manager is authorized to make provisions for the issuance of temporary parking permits to bonafide visitors or resi- dents of a designated residential parking area. Temporary permits may be issued for bonafide visitors to residents within the area according to the following fee schedule and conditions: (a) Daily permit --may be purchased by residents of the area in unlimited quantities for a fee of Five, Cents ($.05) each. Such permit will be valid only for the date entered upon the face of the permit by the issuing resident. (b) Thirty Day Permit --may be purchased by residents of the area for a fee of Two Dollars ($2.00) each. No more than two (2) permits shall be is- sued to any resident household at any one time and not more than four (4) permits shall be is- sued to that same household in any year, as de- fined in this section. 13. Any person who shall violate any provision of this regula- tion shall, upon conviction, be subject to punishment by a fine of Ten Dollars ($10.00) and if not paid within the period of ten (10) days from the date appearing on the violation notice, said person shall be subject to an additional fine of Ten Dollars ($10.00). Those streets or portions of streets so designated 'Residents Parking Only' shall be maintained in Schedule XVIII attached hereto and made a part hereof." SECTION 2: The provisions of this regulation are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutional- -5- • :7 fl I; f 47-0-79 r t ity, or inapplicability shall not affect or impair any of the remaining pro- . II visions, clauses, sentences, subsections, words, or parts of the regulation or jl their application to other persons or circumstances. It is hereby declared to) 4' be the legislative intent that this regulation would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection,) 11 word or part had not been included therein, and if such person or circumstances 11 to which the regulation or part thereof is held inapplicable had been speci- Ij' fically exempted therefrom. t SECTION 3: All ordinances or parts of ordinances in conflict here- i i with are hereby repealed. i; 11 I SECTION 4: This ordinance shall be in full force and effect from �I j and after a period of ten (10) days from the approval I �I date shown hereafter provided it has been passed, approved, and published in i; the manner provided by law. Section 1B of the ordinance shall terminate two it (2) years after the date of approval. i i; j Introduced A4 1979 �I Adopted 6'o 1979 fl ATTEST: �I I City Clerk ' Y Approved �*�% jr Mayor, fI Approved as to form: pp - ii Corporation Counsel �i Ij c; I� ,i j -6- , 1979