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19811201 1981-28ORDINANCE NO 1~)81-Z8 AN ORDINANCE TO AMEND CHAPTER 13 OF THE CODE OF THE CITY OF FAIRFAX~ VIRGINIA~ BY ADDING THERETO A NEW ARTICLE NUMBER IV~ WHICH CHAPTER RELATES TO MOTOR VEHICLES AND TRAFFIC AND WHICH NEW ARTICLE IV RELATES TO RESIDENTIAL PARKING PERMITS; PROVIDES FOR DEFINITIONS~ REGULATES PARKING IN PERMIT PARKING DISTRICTS~ PROVIDES FOR EXEMPTIONS~ ESTABLISHES A PROCEDURE FOR DESIGNATING A RF~IDENTIAL DISTRICT AS A PERMIT PARKING DISTRICT~ PROVIDES FOR ISSUANCE OF PERMITS TO RESIDENTS~ ISSUANCE OF PERMITS TO VISITORS~ ISSUANCE OF PERMITS TO PERSONS DOING BUSINESS WITH A RESIDENT OF A PERMIT PARKING DISTRICT~ PROVIDES FOR SPECIAL EVENTS PARKING~ REOUIRES PARKING FOR SPECIAL EVENTS PARKING~ REOUIRES PARKING SIGNS AND PROVIDES PENALTIES FOR VIOLATIONS. WHEREAS~ the parking of vehicles in residential areas by persons for the purpose of commuting to educational or commercial areas contributes to hazardous traffic conditions~ air pollution~ excessive noise and trash and refuse caused by the entry of such vehicles; and WHEREAS~ unreasonable burdens are thereby placed upon the residents of those areas in gaining access to their residences; and WHEREAS, the City Council believes it to be beneficial to the peace~ good vrder~ comfort~ convenience and welfare of the inhabitants of the City to alleviate such conditions~ to promote efficiency in the maintenance of those streets in a clean and safe condition~ to preserve the value of the property in residential areas and to )rotect the safety of children and other pedestrians; now~ therefore BE IT ORDAINED by the City Council of the City of Fairfax~ Virginia~ that ;hapter 13 of the Code of the City of Fairfax~ Virginia~ be and the same hereby is amended by adding thereto a new Article IV to read in its entirety as follows: "ARTICLE IV- RESIDENTIAL PARKING PERMITS Sec. 13.72. Definiti~s. For the purpose of this Article~ the following words and phrases shall have the meanings respectively ascribed to them by this section: Residential district. Such term shall mean an area in which seventy-five ~ercent (75%) of the buildings contained therein are used for residential purposes. A 'esidential district shall be established only on an area-wide basis and for the purpose of this article~ shall be an area containing no fewer than 100 on-street parking spaces~ designating 20 linear feet per parking space. Provided~ however~ that a residential 1981-28 -2- district may be established in an area confining fewer than 100 on-street parking spaces if the City Council shall find that to require the area to contain 100 on-street parking spaces would be impractical or impose an undue hardship. Permit parking d~st~ict. Such term shall mean a residential district in which parking is prohibited except in accordance with this article. Visitor. A person who stays temporarily at a residence but is domiciled elsewhere outside the residential district. Sec. 13.73 ParkiuR in permit parlri~ districts. Whenever the City Council shall determine that the streets of a particular residential district are being used for parking by the operators of motor vehicles who are nonresidents of that residential district, and the average number of vehicles, of that kind, parking in such a particular district is in excess of twenty-five percent (25%) of the number of parking spaces on such streets, and the total number of spaces actually occupied by any vehicles exceeds seventy-five percent (75%) of the number of spaces on such streets, the City Council may by ordinance prohibit parking during the hours of 7A.M. through 8 P.M., Monday through Friday, and 7 A.M. through 1 P.M. Saturday in the particular district so surveyed. In such cases the City Council shall cause appropriate signs giving notice of the prohibition to be posted on those streets restricting all parking, except parking by the holders of permits granted under the following conditions: (a) For each vehicle, belonging to a person who resides in the particular district, for which the person pays personal property taxes to the City of Fairfax and displays a city sticker on the vehicle, there may be issued one color-coded permit entitling that vehicle to park in the restricted district. (b) Each residence within a restricted district shall be issued two visitors permits. Said permits shall be limited to that particular permit parking district for a stated period not to exceed one year. One additional permit for visitors to a particular residence within a restricted district may be issued for a stated period but not more than thirty days. (c) To persons who do business with any resident of any particular district in which parking is so restricted during the hours of such restriction, limited to that particular district in which parking is so restricted and in which any such person so transacts business. 1981-28 -3- Permits shall be color coded to identify the permit parking district in which they shall be valid for parking. Each permit parking district shall be assigned a different color or series of colors for permits issued under this article for the purpose of identifying the districts for which such permits apply. Sec. 13.74. Exempti_o~s (a) The parking prohibitions contained herein shall not apply to service or delivery vehicles which are being used to provide services or make deliveries in a permit parking district. (b) Whenever metered parking is in effect in any portion of a district that becomes subject to the restrictions of this article, the parking spaces controlled by meters shall be excepted from the provision of this article so long as the control by meters continues. (c) A petition requesting the exemption of a particular block of a permit parking district, signed by more than fifty percent (50%) of the residents of that block, will authorize the City Manager to exempt that particular block from the restricted parking regulations. Sec. ]3.75. Procedure fow designating a residential district as a permit parki~ district. (a) In order to determine whether a particular residential district should be designated as a permit parking district, the City Manager shall have conducted, upon submission of a petition signed by more than fifty percent (50%) of the residents of such district, an engineering survey to determine whether the criteria described heretofore establishes the district as one qualified to become a permit parking district. To determine whether a particular district qualified to have restricted parking, the designated district will be surveyed by the City's Public Works Department at the City Manager's direction, as follows: A block-by-block survey of the affected district will be taken on a weekday. If more than seventy-five percent (75%) of the parking spaces are occupied by parked vehicles, then no further vehicle counts will be made. If seventy-five ,percent (75%) of the spaces are not occupied, but it may be expected that the seventy-five percent (75%) level may be obtained, then for a reasonable period of time an additional parked vehicle count shall be made until an average of seventy-five ~ercent (75%) is found or rejected. In those residential districts where seventy-five 1981-28 -4- percent (75%) of the parking spaces are occupied~ a study will be made to determine if the number of vehicles owned by nonresidents of the districts exceeds twenty-five percent (Z5%). If more than twenty-five percent (~5%) of the parking spaces are occupied by vehicles of nonresidents~ then that district may be qualified to have restricted parking. (b) Upon completion of the aforesaid survey~ the results shall be submitted to the City Manager for his recommendation to the City Council. (c) In making his recommendation to the City Council the City Manager should also consider such matters as the availability of an alternate means of transportation to and from the proposed restricted district~ air pollution caused by automobile traffic within that district and the environmental impact of automobile use in the district. (d) After the City Manager submits his recommendations to the City Council~ Council may adopt an ordinance designating an area which qualified under the heretofore described criteria as a permit parking district. (e) Prior to posting signs restricting an area as a permit parking district notice must be sent to each household within that district~ stating that the occupants of that household are required to obtain a permit for each vehicle parked in the designated district. Sec. 1~.76. Issuance of permits to residents. (a) After the Council adopts an ordinance designating a permit parking district the City Treasurer shall issue parking permits to the residents of the district. This issuance shall take place upon proof of the applicant's residence and upon proof that the applicant has paid personal property taxes as required in the City of Fairfax and has purchased a City tag for the vehicle for which a permit is being requested. Notwithstanding the conditions contained in the above paragraph~ new residents to this City shall be issued permits upon showing that they have recently purchased or leased property for residential purposes in the restricted district. (b) Any such person applying for a permit~ shall show to the City Treasurer or his/her authorized representative satisfactory evidence that he fulfills all the conditions for such a permit. Whenever the conditions no longer exist~ the person holding such a permit issued under this section shall surrender it to the City Treasurer or his/her authorized representative. No permit issued hereunder shall be valid for 1981-28 -5- more than one year, but may be renewed upon its expiration, provided that the conditions for the eligibility continue to exist. (c) It shall be unlawful for any person to represent that he is entitled to such a permit when he is not so entitled or to fail to surrender a permit to which he is no longer entitled. It shall also be unlawful for any person to park a vehicle displaying such a permit at any time when the holder of such a permit is not entitled to hold it. Sec. 13.77. Iss,,~,-ce of permits to visitors. On the application of any resident of the restricted district, the City Treasurer or his/her authorized representative shall issue two visitor permits limited to a particular residence in the particular permit parking district. These visitor permits shall be for a period of no more than one year. One additional visitor permit may be issued to a particular residence within such permit parking district and shall be limited to a period of no more than thirty days. Sec. 13.78. Issuance of permits to persons doing business with a resident of a permit parking district. On the application of any person doing business with a resident of a permit parking district, the City Treasurer or his/her authorized representative shall issue a permit for parking in the permit parking district limited to that particular permit parking district and for a period of no more than the estimated time required to complete the business transaction. In no case shall the permit be valid for more than one week. Sec. 1~.79. Special events parkinR. The City Manager may waive the enforcement of the residential permit parking system for the purpose of providing parking for special events. Normally this waiver will be valid for one day only. Sec. 13.80. Parking si~ns. Following the adoption of the ordinance designating an area of a permit parking district, the City Manager shall cause parking signs to be posted in the district indicating the parking restrictions. It shall be unlawful to park in these districts without a permit. 1981-28 -6- Sec. 13.8L Changes in permit parking district boundaries. Following the designation of a permit parking district the City Council, upon receipt of a petition signed by over fifty percent (50%) of the residents of a block contiguous to the district, provided such a block qualified to be a permit parking district as provided in Section 13.75 of this article, may by ordinance alter the boundaries of the district to include within it any such block, provided such block otherwise meets the criteria for a permit parking district as Set forth in this article. Sec. ]3.8Z. Penalties. Any person who shall violate any provision of section 13.76(c) or section 13.80 of this article shall, upon conviction, be subject to a fine of not more than fifteen ($15.00) dollars." This ordinance shall become effective immediately upon its adoption. Introduced: November ZS~ 1980 Adopted: December Ir 1981 ATTEST: Mayor