ORDINANCE  12.06

OF THE MUNICIPAL CODE OF THE CITY OF RIVER FALLS


 (RESIDENTIAL PARKING PERMIT SYSTEM)



Click here for dates and times to register for a permit.

 

Click here for a map of the streets affected by this ordinance.

 

 

 

 

THE COMMON COUNCIL OF THE CITY OF RIVER FALLS DOES HEREBY ORDAIN AS FOLLOWS:

 

Section One:  That Ch. 12.06 of the Municipal Code be amended to read:

 

Ch. 12.06            Residential Parking Permit System

 

12.06.001            Purpose.  It is hereby declared necessary, in the interest of the residents of the City of River Falls, to establish a residential parking permit system in accord with §349.13(1g), Wis. Stats., where under motor vehicles bearing a valid Residential Parking Permit may be parked on City streets in excess of the time limits on specifically designated streets within a specified zone or zones.  The reason in support of this Ordinance is that there exists in the City at this time an excess of commuter parking on City streets, which limits or prevents residents of neighborhoods from parking their own motor vehicles on the streets adjoining their places of residence.   It is the intent of this Ordinance to provide greater opportunity to those residents to avail themselves of the ability to park their motor vehicles on City streets while regulating the length of time, generally, during which commuters may park their motor vehicles on the same streets.  It is further intended that this Ordinance shall assist in reducing automobile commuting and alleviate traffic congestion, illegal parking and related health and safety hazards in the zones established pursuant hereto.  It is also the position of the City of River Falls that the acquisition of a permit under this Ordinance confers no rights upon the holder.  It is merely a privilege which is subject to revocation at the pleasure of the City.

 

12.06.005            Definitions.  The following definitions shall control the interpretation and application of this Ordinance:

 

                        A.            “Block” shall mean both sides of a street between two intersecting streets.

 

                         B.            “Dwelling Unit” shall mean one or more rooms, which are arranged, designed or used as a living quarter for one family only.  Individual bathrooms and complete kitchen facilities are always associated with a dwelling unit.

 

                         C.            “Lodging House” shall mean a residential building containing lodging rooms which accommodate five (5) or more persons who are not members of the family of the owner or keeper of the house who are provided with lodging or board and lodging in exchange for compensation.

 

                         D.            “Motor Vehicle” shall mean a vehicle, which is self propelled, including but not limited to automobiles, trucks and motorcycles and which are registered for and eligible to travel on the streets and highways of the State of Wisconsin.

 

                         E.            “Parking Manager” shall mean the City employee or officer designated by the Common Council to administer the Residential Parking Permit System.

 

                         F.            “Residence” shall mean a dwelling place, house, apartment, room or other place of accommodation, which constitutes the true, fixed, permanent place of abode or home, to which a resident intends to return whenever absent

 

                         G.            “Resident” shall mean a person whose place of residence is so located in the City as to render him or her eligible for procurement of a Residential Parking Permit under this Ordinance.

 

                         H.            “Residential Street” shall mean a street eligible for designation under §12.06.010 of this Ordinance for use of Residential Parking Permits.

 

                         I.            “Street” shall mean a route of public travel, opened and maintained by the City of River Falls and located within the City limits.

 

                         J.            “Temporary Resident” shall mean a person who lives in River Falls for the academic year at the University of Wisconsin-River Falls or for some other purpose for a duration shorter than that of one (1) year in length.

 

 

 

12.06.010            Zone Designations; Application of Ordinance to Residential Streets and Withdrawal of Residential Streets from Application of Ordinance.

 

                        A.            The designated zones in which Residential Parking Permits may be obtained by residents shall include the following:

 

                                  1.  Zone “A”

 

Zone “A” shall consist of the following blocks or described partial blocks of these named streets.

 

Fifth Street: between Spring Street and Elm Street:  5th Street

Sixth Street: between Spring Street and Maple Street:  6th Street

Locust Street: between Seco2nd Street and Thi3rd Street:  Locust Street

Walnut Street and Elm Street: between Seco2nd Street and Six6th Street:  Walnut Street and Elm Street

Third Street and Fourth Street between Spring Street and Maple Street: 3rd Street and 4th Street

 

                                 2.   Zone “B”

 

Zone “B” shall consist of the following blocks or described partial blocks of these named streets:

 

State Street: between Cascade Avenue and Vine Street:  State Street

Vine Street: From Main Street West to its end:  Vine Street

Maple Street and Pine Street: between 2nd Street and 8th Street:  Maple Street and Pine Street

Third Street, Fourth Street and Seventh Street: between Maple Street and Cedar Street:  3rd Street, 4th    Street and 7th Street

Eighth Street: between Spring Street and Cedar Street:  8th Street

Hazel Street and Lake Street: between Six6th Street and Eigh8th Street:  Hazel Street and Lake Street

Spring Street: between 6Sixth Street and Crescent Street:  Spring Street

Hillcrest Street and Pierce Street: between Spring Street and Oak Knoll:  Hillcrest Street and Pierce Street

Oak Knoll: between Cascade Avenue and Crescent Street:  Oak Knoll

Crescent Street: between Spring Street and Cascade Avenue:  Crescent Street

Birch Street: between Cascade Avenue and Morgan Road:  Birch Street

Birch Crest Lane: between Cascade Avenue and Birch Street:  Birch Crest Lane

Birchcrest Drive: From Cascade Avenue North to its end:  

 

Birchcrest Drive

                                   

 

3.                  Zone “C”

 

Zone C shall consist of the following blocks or described partial blocks of these named streets:

 

Spring Street:  between westerly most 5th Street and 6th Street

Fifth Street:  between Cascade Ave. and Spring Street

Sixth Street:  between Cascade Ave. and Spring Street

 

 

                        B.            Within Zone “A” and Zone “C”, residents of the designated streets shall be deemed to be eligible for the issuance of Residential Parking Permits as follows:

 

Upon application under this Ordinance, no more than two (2) permits shall be issued for each single-family residence.  For each multi-family residence or lodging house one (1) permit per tenant, to a maximum number as allowed by the Zoning Code.

 

                        C.            Petition for Designation of Zone for Residential Parking Permit Purposes. For the inclusion of one or more of the streets designated as being in Zone B, the street must abut a street with similar parking restrictions or be adjacent to the University of Wisconsin-River Falls campus, and greater than fifty (50) percent of the property owners of a given block shall petition the common council. All properties abutting a given block shall be considered. In the event such a petition is filed with the city, the common council shall hold a public hearing, to be preceded by a public notice published in the city’s official newspaper which shall identify the residential streets proposed for consideration of inclusion under the residential parking permit system based upon the criteria stated above, as well as setting forth the reasons for such consideration. Only after the holding of such a public hearing may the city officially declare by resolution one or more of the residential streets within Zone B to be subject to this chapter.

 

D.            Withdrawal of Residential Streets from Application of this Chapter. Once the decision has been made by the common council to designate the residential streets in one or more of the defined zones as being subject to this chapter, none of the streets may be withdrawn from application of this chapter for a period of at least twelve (12) months next following the date of common council action activating this chapter in a given zone. Thereafter, a change may be made upon the petition of greater than fifty (50) percent of the property owners of a given block, such petitions to contain the same information as is required of original petitions under subsection C of this section. In such event, withdrawals of streets may be accomplished on less than a zone-by-zone basis but shall not apply to anything less than a particular street in a particular block. Prior to ordering the withdrawal of a particular street in a particular block from operation of this chapter, the common council shall hold a public hearing in accord with subsection C of this section and the city police chief or his or her designee shall provide the city with a recommendation as to said petition for withdrawal. After the public hearing has been held, the common council may, in its discretion, continue operation of this chapter as to a given street and block or it may rescind the same by resolution. In the event that it rescinds operation of this chapter as to a given street and block, permits shall no longer validate residential parking. (Ord. 2003-28 § 1 (part); Ord. 2003-24 § 1 (part); Ord. 2003-18 § 1 (part))

 

 

12.06.040            Implementation of System.  For each street in Zone A and those in Zone B which are included upon petition under the operation of this chapter, this chapter shall be in effect from September 1st each year to May 31st of the following year during the hours of seven a.m. to four p.m. excluding Saturdays, Sundays and legal holidays. For each street in Zone C, this chapter shall be in effect at all times during the hours of seven a.m. to seven p.m. excluding Saturdays, Sundays and legal holidays.  Parking on the even side of each affected street shall be limited to those vehicles displaying valid residential parking permits during the stated hours each day. Any vehicle, whether displaying a valid residential parking permit or not, may be parked on the odd side of each affected street. For purposes of this chapter, the "even" and "odd" sides of each street shall be determined by the address numbering system. (Ord. 2003-24 § 1 (part); Ord. 2003-18 § 1 (part))

 

 

12.06.050            Issuance of Permits.  A residential parking permit shall be issued, upon application, to the owner or operator of a motor vehicle who resides within one of the zones designated under Section 12.06.030(A), which shall allow the owner or operator to park on any street designated for residential parking in the zone, as long as the permit is valid, subject to other designated restrictions, if any. Such a permit shall not be issued to any owner or operator who has outstanding citations for parking or moving violations in the city. The cost of such permit, including guest permits, shall be approved by the city council and established in the city fee schedule. (Ord. 2005-15, § 1 (part): Ord. 2003-18 § 1 (part))   City Fee Schedule.

           

12.06.030            Application.  Each application shall be made on a form prepared by the City and shall include the following information:  (1) The name of the owner or operator of the motor vehicle, his or her residential address, the make, model and registration number of the motor vehicle; and (2) The owner’s driver’s license.  The City Parking Manager may request further information from the applicant to verify his or her eligibility for issuance of a permit, including but not limited to the following:  If the applicant’s driver’s license or motor vehicle registration reflects a place of residence other than within the zone in question or one which is not situated on one of the designated residential streets, the applicant shall be required to attest to the fact that the motor vehicle in question is kept only at the address listed on the application, located on an affected residential street. If a tenant at the listed residence, the applicant may be required to present a copy of an executed lease or proof satisfactory to the City that he or she actually resides at the place of residence listed. Each application shall be attested to, meaning that the applicant shall swear or affirm as to the correctness of the information supplied therein.

 

12.06.070            Term and Form of Permit.  Each permit for Zone A and B shall be valid from September 1st to May 31st of the new following year. Permits issued for Zone C shall be valid from September 1st to August 31st of the new following year.  Permits shall automatically be voided prior to the expiration date of such a term should the owner or operator of the motor vehicle in question remove his or her place of residence to a street which is not designated as residential, to an area of the city which is not contained within the designated zone for which it was issued or outside of the city. Each permit shall display the motor vehicle’s license number and permit expiration date and shall be displayed by hanging upon the rear view mirror so as to be clearly visible through the windshield of the motor vehicle to which it applies. In the case of a motorcycle, permit shall be displayed as directed by the parking manager. (Ord. 2003-24 § 1 (part); Ord. 2003-18 § 1 (part))

 

12.06.050            Temporary Residents.  Temporary residents of one of the designated zones in the City may apply for temporary Residential Parking Permits upon compliance with all of the provisions of this section:  Such applicant shall attest under oath on the application that he or she: (1) maintains his or her permanent residence in another jurisdiction and shall provide the address thereof; (2) owns or operates a motor vehicle registered in the jurisdiction of his or her permanent residence, whether or not that is the State of Wisconsin, for which vehicle the permit is being sought; (3) is living in one of the zones subject to this Ordinance, under a valid lease, at a particular place of residence, specifying the address therefore, as well as the name, address and telephone number of the landlord or his or her agent; (4) that it is understood by the applicant that any change in circumstances materially affecting continuing eligibility for the permit or any false information or representation made in the process of applying for and receiving a permit shall be cause for immediate revocation of such a permit.  Furthermore, each applicant for a temporary permit shall be required to provide a copy of his or her lease at the time of making such application.  Temporary permits issued under this section shall be valid only for the remaining term of the lease in question or one (1) year, whichever is shorter.

 

12.06.060            Guests or Invitees of Residents.  For use by guests of invitees of residents of streets subject to this ordinance, two (2) guest permits shall be provided to the owner of each property containing one or more dwelling units in the same manner and subject to the same restrictions as are resident permits.  Guest permits are only valid for the city block in which they were issued.

 

            12.06.070            Parking Permits

 

                        A.            A Residential Parking Permit is valid only when it is displayed pursuant to 12.06.040visibly on the windshield of a motor vehicle parked along one of the residential streets subject to this Ordinance.  Use of said parking permit shall be restricted to streets designated for Residential Parking Permits within each specified zone. A Residential Parking Permit shall not guarantee or reserve to the holder a parking space, whether on a given residential street or on any residential street within the zone in question.

 

                        B.            A Residential Parking Permit shall not authorize the holder to cause to stand or park a motor vehicle at such places where parking is prohibited or during such times as when the stopping, standing or parking of motor vehicles is set aside for specified types of vehicles, nor exempt the holder from observance of any traffic regulation other than the specified hourly parking limit. Residential Parking Permits do not exempt holders from abandonment regulations, towing regulations, overnight parking restrictions or snow emergency regulations and the privilege afforded by it may temporarily be suspended for emergency or construction purposes.

 

                        C.            At the expiration of a permit term, the permit shall be removed from the motor vehicle in question by the owner or operator.

 

12.06.080            Transferability; Violations and Revocation of Residential Parking Permits

 

                        A.            Only the registered motor vehicle designated on the permit application shall be eligible for exercise of the privileges afforded under a Residential Parking Permit.  Any transfer of such a permit without the permission of the Parking Manager to a motor vehicle other than the one described in the permit application shall constitute a violation of this Ordinance.  Transfers of permits shall be allowed automatically upon presentation of proof that the motor vehicle to which the permit applied has been abandoned, sold or otherwise conveyed to a third person or is no longer operable, in which event the permit holder seeks its transfer to another, designated motor vehicle.

 

                        B.            It shall constitute a violation of this Ordinance for any person to falsely represent him or herself as eligible for a Residential Parking Permit or to furnish any false information in connection with an application for a permit. Should any person to whom a permit has been issued change his or her address without notifying the City Parking Manager, within seven (7) days of moving, it shall constitute a violation of this Ordinance.

 

                        C.            The Parking Manager is authorized and directed to revoke the Residential Parking Permit of any person found to be in violation of this Ordinance and, upon written notification of such revocation, the person in question shall surrender his or her permit to the Parking Manager.  Failure to surrender a parking permit so revoked shall constitute a violation of this Ordinance as such that no similar permit shall be issued to that person or to the vehicle to which it applies for a period of twelve (12) months of the date of its revocation.

 

                        D.            It shall also be a violation of this Ordinance for any person to copy, reproduce or sell a permit.

 

            12.06.090            Penalties for Violations

 

In addition to revocation under §12.06.080 of this Ordinance, in lieu of or in addition thereto, violations of this Ordinance shall be subject to assessment of a forfeiture as approved by the City Council and established on the City Fee Schedule.

 

            12.06.100            Permit Fee

           

The charge for a duplicate permit, should the original permit issued be lost or destroyed, and for a permit to be transferred to another vehicle, shall be as approved by the City Council and established on the City Fee Schedule. 

 

            12.06.110            Permit Confers a Privilege Only

 

Consistent with the purpose of this Ordinance, no greater expectations are conferred hereunder upon those persons eligible for a Residential Parking Permit than are afforded under §349.13(1g), Wis. Stats.  In consequence, the acquisition of a permit under this Ordinance shall not be interpreted as conferring any right to use or reservation of the right of use of City streets upon the permit holder.  A permit confers a privilege only, subject to revocation at any time at the pleasure of the City, which also reserves the legislative prerogative to repeal or amend the provisions of this Ordinance at any time.

 

12.06.120            Severability

 

The provisions of this Ordinance shall be severable.  Should any provision, section or other subdivision of this Ordinance be declared invalid or unconstitutional, said invalidity shall not apply to or affect any of the other provisions of this Ordinance and it is expressly declared to be the intent of the Common Council to have adopted this Ordinance without said provision being a part thereof.

 

 

 

                                                                                    FOR THE CITY OF RIVER FALLS

 

 

                                                                                                                                               

                                                                                    Eric Amundsen, Mayor

ATTEST:

 

 

                                               

Julie Bergstrom, City Clerk

 

Adopted:      November 11, 2003        

Published:    November 20, 2003