05-034-O

ORDINANCE NO. __________


AN ORDINANCE AMENDING SECTIONS 33-126, 33-129 AND 33-130 OF THE DULUTH CITY CODE, 1959, AS AMENDED; RESIDENT PARKING PERMITS.

BY COUNCILOR REINERT:

The city of Duluth does ordain:

     Section 1. That Section 33-126 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 33-126.     Types and numbers of permits available; eligibility criteria; fees.

     Any resident of any property which abuts any portion of any street or highway which portion is included in any resident permit parking zone, who is not less than 16 years old, may apply to the city clerk for resident's permits and/or visitor's permits for such zone. For any such resident to be eligible for such permits such resident must specify the address at which such resident is residing and must verify that such residence is the resident's permanent or usual place of abode. For any such eligible resident to be eligible for resident's permits, such resident must specify and verify for each vehicle for which such a permit is sought, the name of the manufacturer of such vehicle, the model year of such vehicle, and the license plate number assigned to such vehicle, and that the resident has a bona fide possessory interest in each such vehicle, as an owner, purchaser or lessee. Any such eligible resident may obtain a resident's permit for each such vehicle in which the resident has such a bona fide possessory interest, provided that a total of no more than three resident permits shall be issued to the inhabitants of any one “dwelling unit” as such term is defined in Chapter 29A. Any such eligible resident may obtain two one regular visitor's permits, provided that a total of no more than four two regular visitor's permits shall be issued to the inhabitants of any one "dwelling unit" as such term is defined in Chapter 29A, and may obtain any number of special visitor's permits. Notwithstanding the provisions above, the city clerk may issue regular visitor's permits in excess of two per occupant or four per dwelling unit resident permits or regular visitor’s permits in excess of the above, and may issue regular visitor's permits to nonresidential building occupants in the zone, but only upon the joint recommendation of the police department, and the traffic engineer and parking commission. The police department, and traffic engineer and parking commission shall fully investigate any application for additional regular visitor's permits before making a positive or negative recommendation to the city clerk. Notwithstanding the provisions of this Section, the Duluth City Council may, by resolution, authorize the city clerk to issue additional regular visitor’s permits to nonresidential building occupants in the zone subject to any terms and conditions the city council deems appropriate.

     Any such eligible resident may obtain a replacement for any resident's permit or regular visitor's permit obtained by such resident and verified by such resident as having been lost or destroyed; and permit so replaced shall then be invalid.

     The city council may, by resolution, prescribe a fee for any permit issued pursuant to this Article.

     Section 2. That Section 33-129 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 33-129.     Vicinity of effectiveness of permits; required location of display on vehicle.

     Any permit issued pursuant to this Article shall be valid only within 1,000 500 feet of the property of the address of the resident to which the permit is assigned. For any such permit to be effective, such permit must be displayed on or immediately behind the lower left corner of either the windshield or the rear window of the vehicle for which the permit is being used, and the permit must be readily visible from the exterior of the vehicle at the location where the permit is so displayed. If the vehicle has no windshield or rear window, the permit must be otherwise displayed on the vehicle so as to be readily visible.

     Section 3. That Section 33-130 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 33-130.     Behavior prohibited in connection with obtaining or using permits.

     No person shall:

     (a)  Make any false statement in connection with his or her application for any permit authorized by this Article;

     (b)  Sell or, rent or lend any permit issued pursuant to this Article.

     Section 4. That this ordinance shall take effect 30 days after its passage and publication.


STATEMENT OF PURPOSE:  This ordinance reduces the number of resident and visitor parking permits available, reduces the area in which they can be used and involves the parking commission.

 

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