2009/10/13 City Council Ordinance 818
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
) ss
County of Sonoma )
Terri Griffin, under penalty of perjury, deposes and says:
That she is, and during all times herein mentioned was, the duly acting and qualified Deputy
City Clerk of the City of Rohnert Park, Sonoma County, California; and that on the 16th
day of October. 2009, she posted as required by law full, true, and correct copies of
ORDINANCE NO. 818, "ADDING CHAPTER 10.50, RESIDENTIAL PARKING PERMIT
PROGRAM, TO TITLE 10, VEHICLES AND TRAFFIC, OF THE ROHNERT PARK
MUNICIPAL CODE TO ESTABLISH A NEW RESIDENTIAL PARKING PERMIT
PROGRAM" in five (5) public places in said City, to wit:
www.rpcitv.ore: for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Library
6250 Lynne Conde Way
4..eOf c/~
Deputy City Clerk
Subscribed and sworn to before me
this 16th day of October, 2009.
M:\Ordinances\Ordinances 2009\Affidavits of Posting \Affidavit of Posting 818.doc
ORDINANCE NO. 818
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA
ADDING CHAPTER 10.50, RESIDENTIAL PARKING PERMIT PROGRAM, TO TITLE 10,
VEHICLES AND TRAFFIC, OF THE ROHNERT PARK MUNICIPAL CODE TO
ESTABLISH A NEW RESIDENTIAL PARKING PERMIT PROGRAM
WHEREAS, Title 10 of the Rohnert Park Municipal Code addresses vehicles and traffic;
WHEREAS, the long-term parking of motor vehicles by nonresidents creates significant traffic
congestion and threatens the health, safety and general welfare of residents within affected
neighborhoods;
WHEREAS, to address the negative impacts associated with long-term parking of motor vehicles by
nonresidents, the City wishes to establish a residential parking permit program;
WHEREAS, the residential parking permit program would allow residents to petition the City Council
to form a residential parking permit area and adopt appropriate parking regulations; and
WHEREAS, the actions contemplated by this ordinance are consistent with California Vehicle Code
section 22507.
NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as follows:
SECTION 1: Chapter 10.50, Residential Parking Permit Program, is hereby added to Title 10,
Vehicle and Traffic, of the Rohnert Park Municipal Code to read as follows:
"Chapter 10.50 - RESIDENTIAL PARKING PERMIT PROGRAM
10.50.010
10.50.020
10.50.030
10.50.040
10.50.050
10.50.060
10.50.070
10.50.080
. Legislative purpose.
Legislative findings.
Definitions.
Parking permit program.
Designation of a residential parking permit area; modification.
Parking Permits.
Posting of residential parking permit area.
Violations.
10.50.010 Legislative purpose
This chapter is enacted in response to the adverse effects of motor vehicle congestion in certain
neighborhoods within the City of Rohnert Park. The long-term parking of motor vehicles by
nonresidents creates significant traffic congestion and threatens the health, safety and general welfare
of residents within the affected. neighborhoods. To better protect and promote the integrity of these
neighborhoods and their residents, it is necessary to enact a residential parking permit program. This
chapter shall be interpreted and applied in a manner that is consistent with Vehicle Code section
22507.
10.50.020 Legislative findings
As a result of public input and additional information gathered from survey responses and the
Department of Public Safety, the City Council finds that adverse effects of motor vehicle congestion in
certain neighborhoods caused by long-term parking of motor vehicles by nonresidents is detrimental to
the public health, safety, and welfare of the citizens of Rohnert Park. The parking permit program.
establish~d by this chapter will reduce these negative effects by:
(A) Reducing potentially hazardous traffic conditions caused by the long-term parking of
motor vehicles by nonresidents;
(B) Protecting affected neighborhoods from air pollution, excessive noise, and refuse
caused by the entry and exit of nonresident motor vehicles;
(C) Protecting affected residents from unreasonable burdens in obtaining parking near, and
gaining access to, their residences;
(D) Preserving the residential character of affected neighborhoods;
(E) Preserving the property value in affected neighborhoods;
(F) Preserving the safety of children and pedestrians; and
(G) Promoting traffic safety and the peace, good order, comfort, convenience and general
welfare of the citizens of Rohnert Park.
10.50.030 Definitions
(A) "Residential parking permit area" means any contiguous area upon which the City Council
imposes parking regulations pursuant to the authority granted by this chapter and Vehicle Code
section 22507.
(B) "Parking permit" means a permit issued under this chapter which, when properly displayed
upon a motor vehicle, shall exempt the motor vehicle from the parking regulations established
by the City Council in accordance with this chapter.
(C) "Motor vehicle" includes an automobile, truck, motorcycle or other motor-drivenJorm of
transportation not in excess of 8,000 pounds gross weight. Motor vehicles do not include boats,
trailers, camp trailers, fifth-wheel travel trailers, or trailer coaches as those terms are defined in
the Vehicle Code. .
10.50.040 Parking permit program
(A) A motor vehicle that properly displays a valid parking permit as provided for in this chapter
shall be permitted to stand or park in the residential parking permit area for which the permit
has been issued without being subject to any of the regulations that may be established in
accordance with this chapter.
(B) Any motor vehicle that does not properly display a valid parking permit will be subject to
the fine and penalties set forth in section 10.50.080 below.
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(C) A parking permit does not guarantee or reserve to the permitee an on-street parking space
within the residential parking permit area.
(D) The following motor vehicles shallbe exempt from this chapter:
(1) All state, county, and local government-issued motor vehicles, including emergency motor
vehicles such as fire engines, ambulances, and police vehicles;
(2) Motor vehicles used by disabled persons meeting the requirements of Vehicle Code section
22511.5; and
(3) Service or delivery motor vehicles that are under the control of a person providing service
to a property located within the residential parking permit area.
10.50.050 Designation of a residential parking permit area; modification
(A) The City Council shall consider designating a residential parking permit area in any area
for which an application has been submitted. To be eligible to apply for such a designation,
there must be at least ten residences in a proposed residential parking permit area. The
application must satisfy the following requirements:
(1) It must be submitted on a form obtained from City Hall;
(2) It must contain a reasonable description and a map of the proposed residential parking
permit area;
(3) It must contain the following statement:
"We, the undersigned, are residents of the proposed residential parking permit area
described iIi this application. We understand that if our neighborhood is designated as a
residential parking permit area, certain restrictions will be placed upon on-street parking within
the area. Residents of the area will be eligible to obtain parking permits exempting them from
such parking restrictions. Parking permits will be subject to an annual fee established by City
Council resolution. By signing this application, we hereby request that the City Council of the
City of Rohnert Park consider this application for establishment of the above-described area as
. a "residential parking permit area."
The statement must be followed by the signature, name, address and date of signing of at least
65 percent of the adult residents living in the proposed residential parking permit area. Only
one adult resident per residence may be counted towards the 65 percent requirement.
(B) Upon receipt of an application described in this section, and in accordance with Vehicle
Code section 22507, the City Council shall hold a public hearing and may, by resolution,
establish a residential parking permit area and adopt any regulations and time restrictions
determined by the City Council to be reasonable and necessary to effectuate the purpose of this
chapter.
(1) Any resolution adopted by the City Council shall not take effect until signs or markings
giving adequate notice thereof have been posted in the residential parking permit area in
accordance with section 10.50.070 of this chapter.
(2) Notice of the public hearing held pursuant to this section shall be posted at least 10 days
before the hearing on all blocks proposed to be included in the residential parking permit area.
(C) Upon public notice as set forth herein, the City Council may, by resolution, modify a
residential parking permit area and any applicable regulations.
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10.50.060 Parking Permits
(A) Parking permits will remain valid for a period of one year from the date of issuance and
must contain the location of the residential parking permit area for which they are issued and
the dates for which they are valid. Parking permits must also contain a unique number that can
be used to identify the person, motor vehicle, and/or residence affiliated with each parking
permit.
(B) Each parking pei1i1it shall be displayed hanging from the motor vehicle's rear-view mirror
or dashboard, with the permit number clearly visible.
(C) Once the City Council establishes a residential parking permit area, an affected resident can
apply for a parking permit at City Hall. The City Manager or hislher designee may adopt
additional rules and regulations governing the issuance and display of residential parking
permits, but at a minimum an applicant must provide the following:
(1) Proof of residence within the residential parking permit area;
(2) Proofof valid registration for the proposed permitted motor vehicle;
(3) A fee in an amount established by City Council resolution.
(D) A parking permit may be issued to a resident who does not possess a motor vehicle if the
resident submits a signed statement demonstrating that the resident needs to provide a parking
permit to a caretaker or service provider.
(E) No more than three parking permits shall be issued for each residence, and no more than
one permit shall be issued per motor vehicle.
(F) Once issued, parking permits may be interchanged among all motor vehicles associated
with each residence or person listed on the application. Parking permits may also be loaned to
guests, visitors, and service providers associated with the residence or person listed on the
application.
(G) To accommodate special events such as family gatherings and other temporary events, the
City may issue Tempqrary Parking Permits to residents within a residential parking permit area.
Any resident within a residential parking permit area can apply for a Temporary Parking Permit
at City Hall. A Temporary Parking Permit shall be valid for a maximum period of 14 calendar
days and must include the following information:
(1) The residential parking permit area;
(2) The dates for which it is valid;
(3) The address of the residence associated with the temporary parking permit; and
(4) The printed name and signature of the issuing official.
10.50.070 Posting of residential parking permit area
The City shall post signs in each residential parking permit area specifying the parking
regulations for that area.
10.50.080 Violations
(A) It shall be unlawful and a violation of this chapter for any person to:
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(1) Stand or park a motor vehicle without a properly displayed parking permit within a
residential parking permit area for a period of time exceeding the posted time limitation for that
area;
(2) Falsely represent himself or herself as eligible for a parking permit or to furnish false
information in a parking permit application;
(3) Copy, reproduce or otherwise bring into existence a facsimile or counterfeit parking permit;
or
(4) Knowingly use or display a facsimile or counterfeit parking permit to evade any regulations
established in accordance with this chapter.
(B) Every person who violates the provisions of subsection (A)(1) of this section is guilty of an
infraction and shall be subject to an administrative penalty in an amount established by
resolution of the City Council.
(C) Every person who violates the provisions of subsections (A)(2), (A)(3), or (A)(4) of this
section is guilty of a misdemeanor and shall be subject to an administrative penalty in an
amountestablished by resolution of the City Council."
SECTION 2: Severability. The City Council hereby declares that every section, paragraph, sentence,
cause and phrase is severable. If any section, paragraph, sentence, clause or phrase of this article is for
any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall. not
affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or
phrases.
SECTION 3: Effective Date. This ordinance shall be in full force and effective 30 days after its
adoption, and shall be published and posted as required by law.
This ordinance.was introduced by the Council of the City of Rohnert Park on September 22,2009, and
was adopted on October 13,2009 by the following roll call vote:
AYES:
Five (5) Council Members Belforte, Callinan, Mackenzie, Stafford, and
Mayor Breeze
NOES: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
ATTEST: .
CITY OF ROHNERT PARK
~ (\ MOdY-
Mayor .
APPROVED AS TO FORM:
~ 4fi; . ~ssr.
. CIty Attorney
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