§ 9-64-090

Residential parking permit

a.

Subject to the approval of the city council, the commissioner of transportation is authorized to erect and maintain signs on any block of any residential street in an R1, R2, R3, R4 or R5 zoning district indicating resident permit parking only when all of the following conditions have been met:

1.

An application, which clearly states the cause(s) of the parking problems creating the need for the proposed residential parking permit zone, and the time periods of parking restriction that are requested (stated in hours, days and months), is submitted to the comptroller.  The application must be accompanied by a petition requesting the proposed residential parking permit zone and signed and dated by at least 65 percent of the residents in the proposed zone who are holders of the city wheel tax license emblem issued pursuant to Section

3-56-070" destination-id="JD_3-56-070">3-56-070 of this Code.  Any signature on the petition, to be valid, must be dated within a year of the date the petition is submitted to the comptroller.

2.

The size of the proposed residential parking permit zone is a minimum of one block, and if more than one block, all blocks in the proposed zone are contiguous.

3.

At least 80 percent of the occupied frontage, at ground level, of each block in the proposed residential parking permit zone is in use for residence purposes.

4.

A parking study determines that at least 45 percent of the vehicles parked in the proposed residential parking permit zone during the time periods requested for the permit are not owned by residents of the proposed zone.

5.

A parking study determines that at least 85 percent of available on-street parking in the proposed residential parking permit zone is occupied during the time periods requested for the permit.

The comptroller shall prepare and make available the form of application required by this subsection.

b.

As used in this section, the term “block” shall mean both sides of any street between street intersections.

c.

Upon receiving an application for a proposed residential parking permit zone, the comptroller shall notify and solicit comments from each alderman in whose ward part or all of the proposed residential parking permit zone will be located, and shall also take such measures as are necessary to determine whether the conditions of subsection (a) of this section have been met.  Before approving an application, the comptroller shall determine the time periods, stated in hours, days and months, when the parking restrictions of the residential parking permit zone shall be effective.  Such parking restrictions shall be limited to the times during which the parking study determines the parking problems exist.  However, no resident permit parking shall be permitted on any part of a block located on a “Snow Route” that is 50 feet or less from any B or C zoning district in the 44th Ward only.  Upon approving an application, the comptroller shall report his approval to each alderman who previously was notified pursuant to this subsection, and to the city council committee on pedestrian and traffic safety.  Upon denying an application, the comptroller shall so notify each alderman who previously was notified pursuant to this subsection, and the person who submitted the application.  All residential parking permit zones created pursuant to this section shall require approval by a vote of the city council to be effective.  The description of all residential parking permit zones shall be maintained by the city clerk.

d.

When official signs are erected indicating resident permit parking only, parking shall be restricted to service and delivery vehicles, and home health care provider vehicles whose operators are doing business with residents of the residential parking permit zone and to vehicles displaying resident or visitor parking permits or other permits issued pursuant to Section

9-68-020" destination-id="JD_9-68-020">9-68-020 herein.  In addition, a vehicle not in these categories may park legally for up to 15 minutes in a 24 hour period in a residential parking permit zone if its hazard indicator lights are flashing.

e.

It shall be unlawful to park any unauthorized vehicle in violation of signs erected or maintained pursuant to this section or any other ordinance or city council order which establishes and defines a residential parking permit zone for which permits are issued pursuant to Section

9-68-020" destination-id="JD_9-68-020">9-68-020 or other ordinance.

f.

After consultation with the department of transportation and the applicable alderman, the city clerk shall designate an area adjacent to, and within a 200-number range of street addresses of, a residential parking permit zone, if the city clerk has determined that the zone has created conditions that result in insufficient available parking in the designated area.  Any person residing in the designated area shall qualify to acquire a permit to park in the residential parking permit zone.  The owner of property with a business address located on either side of a block immediately adjacent to a residential parking permit zone shall qualify to acquire a permit to park in such adjacent zone, and shall be limited to one permit for each qualifying business address.  Such designated areas shall be known as “Buffer Zones.”

g.

Visitor parking permits issued pursuant to Section

9-68-020" destination-id="JD_9-68-020">9-68-020 herein shall be valid for a 24 hour period from the time of posting.

h.

A not-for-profit organization one-day residential parking permit pilot program (“pilot program”) is hereby created as provided in this subsection.  Any not-for-profit organization licensed to conduct affairs in the State of Illinois and located within a residential permit parking zone, or on either side of a business, or commercial block immediately adjacent to that residential permit parking zone, shall qualify to purchase not more than 30 one-day residential parking permits for each of up to five of its employees per month to park in such zone.  The city clerk shall sell one-day residential parking permits to such not-for- profit organization, upon presentation of evidence by such organization, in a form satisfactory to the city clerk, including, but not limited to, a letter signed by the alderman of the ward where such organization is located, confirming that the organization is in compliance with the requirements of this subsection, and, if the organization has vehicles, unless exempted under Section

3-56-140" destination-id="JD_3-56-140">3-56-140 of this Code, that the organization has already purchased a wheel tax license emblem.  The fee for such one-day residential parking permits shall be as specified in subsection (d) of Section 9-68-020" destination-id="JD_9-68-020">9-68-020 of this Code.  Any one-day residential parking permit issued pursuant to this subsection shall only be used by employees of the not-for-profit organization in the course of their employment.

The city clerk is authorized to adopt such rules and regulations as he may deem appropriate for the proper administration and enforcement of this subsection.

This subsection shall apply only in the following wards: 1, 25, 26, 35, 43 and 44.

This pilot program shall expire on December 31, 2012.

i.

Subject to the approval of the city council, a residential parking permit zone created pursuant to this section, or part thereof, shall be revoked upon occurrence of both of the following conditions:

1.

A petition, requesting revocation of part or all of the zone and signed and dated by at least 51 percent of the residents in the zone who are holders of the city wheel tax license emblem issued pursuant to Section

3-56-070" destination-id="JD_3-56-070">3-56-070 of this Code, is submitted to the comptroller.  If the petition requests revocation of only part of a residential parking permit zone, the size of the remaining zone must be at least a block.  Any signature on the petition, to be valid, must be dated within a year of the date the petition is submitted to the comptroller.

2.

A parking study determines that less than 75 percent of available on-street parking in the residential parking permit zone, or part thereof sought to be revoked, is occupied during the time periods that parking is restricted.

Upon receiving a petition for revocation of part or all of a residential parking permit zone, the comptroller shall notify and solicit comments from each alderman in whose ward part or all of the residential parking permit zone is located.  If the comptroller concludes that both of the above conditions are met, the comptroller shall recommend to the city council that the zone be revoked or modified.  If the comptroller concludes that both of the above conditions are not met, the comptroller shall recommend to the city council that the zone be continued.

j.

Upon the creation, revocation or modification of a residential parking permit zone pursuant to this section, the commissioner of transportation shall install, remove or modify the pertinent parking zone signage, as appropriate.

k.

Any person alleged to have violated subsection (e) of this section may raise as an affirmative defense that (1) such person resided in the city for less than 30 days at the time he or she was cited for violation, or (2) the cited vehicle was purchased less than 30 days prior to the issuance of the violation. If the alleged violator can demonstrate, by clear and convincing evidence, that he or she resided in the city for less than 30 days or owned the vehicle for less than 30 days at the time the citation was issued, and that the appropriate fee was paid in accordance with Chapter

9-68 no later than 30 days following the commencement of city residence or purchase of the vehicle, no liability shall exist. A showing of recent residency may be made by a lease, utility billing records, or other appropriate documents. A showing of recent vehicle purchase may be made by applicable vehicle registration or title documents issued by the Secretary of State or other appropriate documents. Any person who knowingly provides inaccurate information in asserting the affirmative defense set forth in this subsection (k) shall be fined in an amount not to exceed $500.00.

l.

The city clerk is authorized to promulgate rules and regulations necessary to implement any subsection of this section conferring powers or duties on the city clerk, including, but not limited to, subsections (e), (f), (g) and (k).  Such subsections and any rules and regulations promulgated thereunder may be enforced by designated employees of the office of the city clerk or by members of the police department.

(Added Coun. J. 7-12-90, p. 18634; Amend Coun. J. 5-22-91, p. 823; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 10-2-91, p. 6608; Amend Coun. J. 7-31-96, p. 26937; Amend Coun. J. 11-20-96, p. 34815; Amend Coun. J. 3-11-98, p. 63453; Amend Coun. J. 5-12-99, p. 2258; Amend Coun. J. 3-9-05, p. 44095, § 1; Amend Coun. J. 6-28-06, p. 79275, § 1; Amend Coun. J. 11-15-06, p. 93239, § 1; Amend Coun. J. 12-12-07, p. 16793, § 4; Amend Coun. J. 7-30-08, p. 34890, § 3; Amend Coun. J. 10-7-09, p. 72740, § 1; Amend Coun. J. 10-6-10, p. 102614, § 1; Amend Coun. J. 1-13-11, p. 111023, § 1; Amend Coun, J. 11-16-11, p. 13798, Art. I, § 7; Amend Coun. J. 5-9-12, p. 26746, § 1; Amend Coun. J. 7-30-14, p. 85534, § 4)

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