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HomeMy WebLinkAbout35. 21-287MAY 25, 2021 21-287 ORDINANCE FIRST READING (CARRIED______ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: AMEND ORDINANCES PERTAINING TO SPECIAL PRIVILEGE – ALL NIGHT PARKING PERMITS INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 27- 26 AND 27-27 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO SPECIAL PRIVILEGE – ALL NIGHT PARKING PERMITS WHEREAS, there is need to update certain provisions of the City Municipal Code pertaining to special privilege – all night parking permits to clarify language and to make the codes consistent with current practice. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Sections 27-26 and 27-27 of the City of Oshkosh Municipal Code pertaining to All Night Parking Prohibited and Special Privilege Permit for All Night Parking are hereby repealed and recreated to read as shown on the attachment to this ordinance. SECTION 2. This ordinance shall be in full force and effect from and after its passage, and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #20-____ AMEND ORDINANCES PERTAINING TO SPECIAL PRIVILEGE – ALL NIGHT PARKING PERMITS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 27-26 AND 27-27 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO SPECIAL PRIVILEGE – ALL NIGHT PARKING PERMITS) on June 8, 2021. The ordinance revises the City’s current ordinances to clarify language pertaining to all night parking and the issuance of special privilege permits for all night parking; to conform the ordinance language to the current procedures; and to permit the City Manager to designate this function to departments as he/she may deem appropriate. MAY 25, 2021 21-287 ORDINANCE FIRST READING CONT’D The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor & Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: May 21, 2021 RE: Amend Ordinances pertaining to Special Privilege – All Night Parking Permits BACKGROUND Recently there were concerns raised in relation to the issuance of all night parking permits. Staff continues to work with the Housing Authority in relation to this issue, but upon reviewing the City ordinance pertaining to all night parking permits if was determined that the ordinance did not match current practice. In addition occasionally it is necessary to amend ordinances to provide clarity, improve readability or for other routine matters. ANALYSIS The proposed ordinance clarifies language regarding when and the limits of temporary permission for parking that may be granted by the Police Department. This language is consistent with longstanding practice. The proposed ordinance changes the responsibility for longer term special privilege permits from the Police Department, where that responsibility currently rests, to a department designated by the City Manager. With the changes to the City’s financial systems, the City is reviewing and implementing different processes for issuance of permits and payment of amounts due. This language is intended to allow the City flexibility to change the responsibility for issuance of permits, if it can be done more efficiently through a different department or under agreement with a third party. Finally, the proposed ordinance also eliminates the requirement for individuals requesting a special privilege permit to assert that they reside in a congested area and have been unable to otherwise find reasonably accessible parking. In practice this requirement was not enforced. A tracked changes and clean version of the proposed ordinance revisions are attached for comparison. While we are not proposing any changes to Section 27-28 we included it in the attachments, because this section completes the picture of how the City deals with these types of permits. FISCAL IMPACT There is no anticipated fiscal impact associated with this ordinance update. RECOMMENDATION Staff recommends adoption of the ordinance as proposed. Respectfully Submitted, Approved: Lynn A. Lorenson Mark A. Rohloff City Attorney City Manager CHAPTER 27 VEHICLES AND TRAFFIC ARTICLE V. NON-METERED PARKING RESTRICTIONS SECTION 27-26 ALL NIGHT PARKING PROHIBITED (A) Regulations. No person shall permit any vehicle of any kind or description to be parked on any public highway, or portion of street right-of-way, including but not limited to terraces and sidewalks, in the City of Oshkosh between the hours of 2:00 a.m. and 5:00 a.m. (B) Exceptions. (1) The Police Department may grant permission to so park a vehicle on a temporary basis in unique or unusual circumstances, such as in association with public or private construction or maintenance activities, accommodation of overnight guests, operator incapacity or other similar circumstances. Permission under this paragraph shall generally be limited to a maximum of 3 nights, except when a longer period is necessary for construction activities, and shall be within the sole discretion of the Police Department. (2) Vehicles with a special privilege permit issued under Section 27-27 may be parked during such hours; after filing an application; paying a permit fee and approval and issuance of the permit. Vehicles with a special privilege permit shall be parked as authorized by such permit and in compliance with all other parking rules and regulations including without limitation, rules governing the parking of vehicles on streets, snow emergency regulations and section 27-28 below. (3) Motor busses; Truck tractors; semi-trailers; trailers; and Motor Trucks designed, used or maintained primarily for the transportation of property; shall not be eligible for special privilege parking permits. SECTION 27-27 SPECIAL PRIVILEGE PERMIT FOR ALL NIGHT PARKING (A) The City Manager may designate a Department to administer the Special Privilege Parking Permit Program or the City may enter into an agreement with a third party to administer the Permit Program. (B) Contents of application. Persons desiring a special privilege permit for all night parking shall complete an application form containing the following information and any additional information that the City may reasonably require for administration of the program: the name and address of the owner of the vehicle, make and year of the vehicle, the license number, , the dates and parking location for the special privilege requested. (C) Contents of permit. The permit shall contain the number of the permit, the name and address of the owner of the vehicle, the make, year and license number of the vehicle, the location where the vehicle is to be parked, the month of issue, and date of expiration. The permit shall be a different color every month. All permits shall be numbered consecutively. (D) Approval; Term. The special privilege permit shall be valid for a period of not longer than one (1) month ending at midnight of the last day of the month of issue. The Police Department may revoke said permit if at any time the owner fails to comply with any of the provisions of this ordinance. (1) (a) Notwithstanding the foregoing, in addition to the monthly permit, an annual permit, valid for a 12-month period, beginning the first day of the month when issued and ending at midnight on the last day of the 12th month from date of issuance may be issued for any street within the corporate limits, except for both sides of the streets in the University Parking Area. (b) In addition to the monthly permit, a 9-month permit, valid for a 9-month period, beginning the first day of September and ending at midnight on the last day of May, and a 3-month permit, valid for a 3-month period, beginning the first day of June and ending at midnight on the last day of August may be issued for both sides of the streets in the University Parking Area. (D) Location on vehicle. The permit shall be placed in the lower driver’s side corner of the windshield or in such other conspicuous place as the City may designate upon issuance of the permit, while the motor vehicle is in a parked position. (E) Fee. The special privilege permit fee shall be Ten Dollars ($10.00) per month; provided, however, that if any permit is granted after the 15th day of the month, the permit fee shall be Five Dollars ($5.00) for the remainder of said month. (1) The fees for the annual permits, as authorized under Section 27-27(C)(1) of this Code shall be: annual permit $120; for the 9-month permit $90.00 and for the 3-month permit $30.00. There shall be no proration for any partial month. (F) Receipts to be placed in special fund. All moneys received from said permit fees shall be placed in a separate fund for off-street parking purposes only, except that costs for the printing of application forms and permits, stationery, postage, office supplies, and for any other kindred forms and the printing thereof in connection with the administration of this ordinance shall be paid out of this fund. SECTION 27-28 PARKING LOCATIONS FOR VEHICLES WITH PERMIT OR PERMISSION Any vehicles parked pursuant to the provisions of Sections 27-26 and 27-27 above shall be parked only on the even numbered side of the street on those nights bearing an even calendar date during the portion thereof before midnight, and on the odd numbered side of the street on those nights bearing an odd calendar date during the portion thereof before midnight, except that where bays have been provided in terraces, that such vehicles may be parked in such bays on all calendar dates, subject to any orders which the Police Department may issue to the contrary; that said permit shall not be issued for a location where parking is prohibited on the opposite side of the street except where such permit is for a bay in the terrace; no more than one permit shall be issued on any street for each one hundred fifty (150) feet of street space except where such permit is for a bay in the terrace; no vehicle shall be allowed to remain parked in such space after 12 o'clock noon of the day following the overnight parking. No person shall park or cause to be parked, any automobile, truck or other vehicle whatsoever on any public street or highway or in any City operated unmetered public parking area for more than twenty- four (24) hours at one time. The parking permit issued pursuant to this Section shall be subject to the provisions of Section 27-33 of this Code relating to emergency snow removal regulations. CHAPTER 27 VEHICLES AND TRAFFIC ARTICLE V. NON-METERED PARKING RESTRICTIONS SECTION 27-26 ALL NIGHT PARKING PROHIBITED (A) Regulations. No person shall permit any vehicle of any kind or description to be parked on any public highway, or portion of street right-of-way, including but not limited to terraces and sidewalks, in the City of Oshkosh between the hours of 2:00 a.m. and 5:00 a.m. (B) Exceptions. (1) The Police Department may grant permission to so park a vehicle on a temporary basis in unique or unusual circumstances, such as in association with public or private construction or maintenance activities, accommodation of overnight guests, operator incapacity or other similar circumstances. Permission under this paragraph shall generally be limited to a maximum of 3 nights, except when a longer period is necessary for construction activities, and shall be within the sole discretion of the Police Department. (2) In congested areas, as designated by the Police Department, vehicles Vehicles with a special privilege permit issued under Section 27-27 may be parked during such hours; provided they shall first obtain a special privilege permit from the Police Department after filing an application with said Department; and paying a permit fee to the Police Departmentand approval and issuance of the permit, all as required under this ordinance. Vehicles with a special privilege permit and shall be parked as authorized by such permit and in compliance with all other parking rules and regulations including without limitation, rules governing the parking of vehicles on streets, snow emergency regulations and section 27-28 below. (3) Motor busses; Truck tractors; semi-trailers; trailers; and Motor Trucks designed, used or maintained primarily for the transportation of property; shall not be eligible for such special privilege parking permits. SECTION 27-27 SPECIAL PRIVILEGE PERMIT FOR ALL NIGHT PARKING (A) (A) The City Manager may designate a Department to administer the Special Privilege Parking Permit Program or the City may enter into an agreement with a third party to administer the Permit Program. (B) Contents of application. Persons desiring a special privilege permit for all night parking shall complete an application form containing the following information and any additional information that the City may reasonably require for administration of the program: The application form shall contain the name and address of the owner of the vehicle, make and year of the vehicle, the license number, make and year of the vehicle, the name of the month of issuance, and the date of expiration, the dates and parking location for the special privilege requested, a statement that the owner resides in the designated congested area and is unable to find reasonable accommodation. (C) Contents of permit. The permit shall contain the number of the permit, the name and address of the owner of the vehicle, the make, year and license number of the vehicle, the location where the vehicle is to be parked, the month of issue, and date of expiration. The permit shall be a different color every month. All permits shall be numbered consecutively. (D) Approval by Police Department; termTerm. The application for a special privilege permit shall be first approved by the Police Department in accordance with the needs of the individual in said congested areas before a special privilege permit can be issued by said department, and said permit shall be valid for a period of not longer than one (1) month ending at midnight of the last day of the month of issue. The Police Department may revoke said permit if at any time reasonable accommodations are available to the owner, or for failure fails to comply with any of the provisions of this ordinance. (1) (a) Notwithstanding the foregoing, in addition to the monthly permit, the Department may issue an annual permit, valid for a 12-month period, beginning the first day of the month when issued and ending at midnight on the last day of the 12th month from date of issuance may be issued for any street within the corporate limits, except for both sides of the streets in the University Parking Area. (b) In addition to the monthly permit, the Department may issue a 9-month permit, valid for a 9-month period, beginning the first day of September and ending at midnight on the last day of May, and a 3-month permit, valid for a 3-month period, beginning the first day of June and ending at midnight on the last day of August may be issued for both sides of the streets in the University Parking Area. (D) Location on vehicle. The permit shall be placed in the lower driver’s side corner of the windshield or in such other conspicuous place as the Police DepartmentCity may designate upon issuance of the permit, while the motor vehicle is in a parked position. (E) Fee. The special privilege permit fee shall be Ten Dollars ($10.00) per month; provided, however, that if any permit is granted after the 15th day of the month, the permit fee shall be Five Dollars ($5.00) for the remainder of said month. (1) The fees for the annual permits, as authorized under Section 27-27(C)(1) of this Code shall be: annual permit $120; for the 9-month permit $90.00 and for the 3-month permit $30.00. There shall be no proration for any partial month. (F) Receipts to be placed in special fund. All moneys received from said permit fees shall be placed in a separate fund for off-street parking purposes only, except that costs for the printing of application forms and permits, stationery, postage, office supplies, and for any other kindred forms and the printing thereof in connection with the administration of this ordinance shall be paid out of this fund. SECTION 27-28 PARKING LOCATIONS FOR VEHICLES WITH PERMIT OR PERMISSION Any vehicles parked pursuant to the provisions of Sections 27-26 and 27-27 above shall be parked only on the even numbered side of the street on those nights bearing an even calendar date during the portion thereof before midnight, and on the odd numbered side of the street on those nights bearing an odd calendar date during the portion thereof before midnight, except that where bays have been provided in terraces, that such vehicles may be parked in such bays on all calendar dates, subject to any orders which the Police Department may issue to the contrary; that said permit shall not be issued for a location where parking is prohibited on the opposite side of the street except where such permit is for a bay in the terrace; no more than one permit shall be issued on any street for each one hundred fifty (150) feet of street space except where such permit is for a bay in the terrace; no vehicle shall be allowed to remain parked in such space after 12 o'clock noon of the day following the overnight parking. No person shall park or cause to be parked, any automobile, truck or other vehicle whatsoever on any public street or highway or in any City operated unmetered public parking area for more than twenty- four (24) hours at one time. The parking permit issued pursuant to this Section shall be subject to the provisions of Section 27-33 of this Code relating to emergency snow removal regulations.