Number
010148
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. D'AMATO
Title
A substitute ordinance relating to residential daytime parking permits.
Sections
101-27.5 rc
Analysis
At present, the code authorizes the issuance of special privilege daytime parking permits to persons living in dwelling units built before October 27, 1970, if they can demonstrate that their property does not provide one parking space per dwelling unit. These permits allow residents to park one vehicle in excess of any posted time limits if parked in the street and in the block where the permit-holder lives. Further, residents may park 2 vehicles under the same permit but never more than one at a time. This ordinance changes current policy in 2 ways:
1. It allows anyone who has an off-street parking space but who can demonstrate that his or her parking space is inadequate for his or her vehicle, or who uses his or vehicle to transport someone with a mental or physical disability, to receive a special privilege permit.
2. It allows anyone who lives on a block where more than 80% of properties are provided with off-street parking or where less than 20% of the dwelling units have received special privilege permits to receive an additional permit, at no additional charge, to permit a second vehicle to be parked on the street at the same time. Under no circumstances, however, may the residents of a single address park more than 2 vehicles on the street at the same time.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 101-27.5 of the code is repealed and recreated to read:
101-27.5. Residential Daytime Parking Privilege for
Nonconforming Residential Uses. 1. Any person who qualifies under sub. 2 may apply to the city clerk for a special privilege parking permit authorizing the applicant to park one vehicle in excess of any posted time limits on the street in the block where the applicant lives during those hours when all-night parking regulations are not in effect. If an applicant lives in a block where parking limits are regulated by meters, the applicant will be assigned to the nearest block available without metered parking as determined by the department of public works.
2. In order to qualify for a special privilege parking permit, the applicant's residence must have been erected prior to October 27, 1970, and one of the following provisions must apply:
a. The applicant's residence does not provide a minimum of one parking space per dwelling unit or, if the dwelling unit is in a building with over 3 stories, the parking spaces do not comply with s. 295-73-2.
b. The physical dimensions of the parking space provided for the applicant's dwelling unit are inadequate to accommodate the applicant's vehicle.
c. The applicant's vehicle is needed to transport a person with a mental or physical disability.
3. The application form provided by the city clerk shall contain:
a. The name and address of the owner or operator of each vehicle for which a permit is requested.
b. The license number, make and year of each vehicle.
c. The location where the applicant requests to park the vehicle.
d. A sworn statement that the applicant resides at the address given and that the residence qualifies under sub. 2-a, b or c. If the applicant is applying under sub. 2-b, the sworn statement shall include physical dimensions of the parking space and the applicant's vehicle, including photographs of each. If the applicant is applying under sub. 2-c, the sworn statement shall include an attached statement from a physician for the disabled person that the applicant's vehicle is needed to transport that person.
4. a. If the applicant owns or operates 2 vehicles, both may be registered on one permit; however, except as provided in par. b, only one vehicle may use the permit at a time.
b. Any person eligible for a special privilege parking permit under this section may park 2 vehicles on the street at the same time if more than 80% the of dwelling units on his or her block are provided with off-street parking or if less than 20% of the dwelling units on his or her block have received special privilege parking permits under this section. Eligible persons shall submit a separate form approved and provided by the city clerk and shall receive, if approved, one additional permit at no additional cost.
5. Under no circumstances shall the residents of a single dwelling unit be eligible to park more than 2 vehicles on the street at the same time.
6. In those cases where the city clerk's office is unable to determine if an applicant meets all the requirements of either sub. 2-b or 4-b, the application shall be referred to the department of neighborhood services for verification. Such verification shall be completed within 5 business days and a report made to the city clerk's office.
7. Upon verification that the applicant meets all requirements under this section and payment of the applicable fee under ch. 81, the city clerk shall issue a permit as soon as practicable for either 3 months or one year from the date of issuance The permit shall display the number, date of issue, and expiration date of the permit, the license number, make and year of each vehicle, and the block in which the permit allows parking. The permit shall be placed in the lower left hand corner of the windshield or in such other conspicuous place as the department of public works may designate, while the motor vehicle is in a parked position.
8. Permits issued under this section shall not be construed as a guarantee of a parking space, shall not be transferable to other persons, vehicles or dwelling units, or be applicable to any other parking restriction exemptions.
9. Falsification of any of the information required under this section shall be grounds for the immediate revocation of the parking permit by the city clerk.
10. All monies received from permit fees issued under this section shall be placed in a fund for off-street parking purposes only.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
01227-3
LRB:jro
06/27/01