File #: O-2016-0057    Version:
Type: Ordinance Status: Passed
File created: 12/6/2016 In control: Public Works Committee
On agenda: 12/6/2016 Final action: 12/6/2016
Title: An ordinance to amend Sections 10.035, 10.10, 10.105, 10.11, repeal and recreate Section 10.14 of the West Allis Revised Municipal Code Relating to Parking Meters Zones and Municipal Parking Lots.
Sponsors: Public Works Committee
Attachments: 1. Communication re changes to municipal parking ordinance, 2. Marked Copy of Municipal Parking Ordinance, 3. AFFIDAVIT OF PUBLICATION O-2016-0057, 4. Signed Ordinance

Title

An ordinance to amend Sections 10.035, 10.10, 10.105, 10.11, repeal and recreate Section 10.14 of the West Allis Revised Municipal Code Relating to Parking Meters Zones and Municipal Parking Lots.

 

Body

The Common Council of the City of West Allis do ordain as follows:

 

Part I.                      Various Sections of Chapter 10 of the Revised Municipal Code amended to read as follows:

 

10.035                     Authority of Director of Public Works.

 

The Director of Public Works and those employees designated by the Director may enforce the snow emergency regulations set forth in Section 10.11, in addition to police officers. The Director and designated employees shall have the authority to issue parking citations and have a vehicle in violation of Section 10.11 towed, pursuant to Section 9.24(b). A police officer shall also have the authority to issue a parking citation and have a vehicle towed that is parked in violation of Section 10.11 when the vehicle inhibits the efficient removal of snow from a street or municipal parking lot during a snow plowing operation.

 

10.10                      Parking Restrictions on Streets, Alleys, Municipal Parking Lots and Sidewalks.

 

(3)                     The Director of Public Works, by written order, may establish temporary no parking regulations on any street or municipal parking lot within the City, when, in the judgment of the Director, road construction, before water main break or other similar condition requires such regulations for the safe movement of vehicular traffic. Any such regulation shall not be effective unless official traffic signs or markers have been placed stating the particular prohibition. The Director shall, as soon as practicable, notify the Chief of Police, or his designee, of any such regulation. Temporary parking regulations, established pursuant to this subsection, shall supersede any other parking restriction which may be in conflict.

 

10.105                     All-Night Parking.

 

(1)                      Regulated. No person, firm or corporation nor any officer, member or agent, servant or employee of any firm, partnership or corporation, shall suffer any vehicle of any kind or description to be parked on any public highway or municipal parking lot in the City of West Allis between the hours of 3 A.M. and 6 A.M., except as otherwise provided in Subsection (2).

 

 

 

 

 

 

 

(1.5)                      Definitions. In this section, the following words and phrases shall have the designated meanings:

 

(a)                     "Public highway or highway" means all public ways and thoroughfares and bridges on the same within the corporate limits of the City of West Allis. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel, but does not include private roads or driveways as defined in Subsection (b).

 

(b)                     "Private road or driveway" means every way or place in private ownership and used for vehicular travel only by the owner or those having express or implied permission from the owner.

 

(c)                      "Roadway" means that portion of a highway between the regularly established curb lines or that portion which is improved, designed or ordinarily used for vehicular travel, excluding the berm or shoulder. In a divided highway, the term "roadway" refers to each roadway separately but not to all such roadways collectively.

 

                     (d)                      "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except railroad trains. A snowmobile, an all-terrain vehicle, and an electric personal assistive mobility device shall be considered a vehicle for purposes of this subsection.

 

(2)                      Night Parking Permits.  No vehicle shall be parked on any public street between the hours of 3:00 A.M. and 6:00 A.M. of any day except licensed passenger vehicles parked in accordance with the following provisions:

 

(a)                     Night Parking permits may be purchased subject to rules and regulations promulgated by the Chief of Police.

 

(b)                     Application for such permit shall contain the name, address and the phone number of the applicant and vehicle owner. It shall also bear the license plate number of the vehicle for which the permit is intended and other information that from time to time may be required.

 

(c)                     The permit fee, shall be paid upon application as per below. No part of any permit fee shall be refundable at any time. A duplicate permit shall be issued for a fee of ten dollars ($10.), if the original permit is lost or stolen. Permit fees include applicable state sales tax.

 

 

 

 

 

 

(d)                     The following permits are available with permit fees per the method listed:

In person or via mail                                          Online

                                                               Monthly                                          $15                                                                                                         $13

                                                               Quarterly                                          $45                                                                                                         $35

                                                               Annual                                                               $125                                                                                                         $100

 

(e)                     The information regarding municipal parking regulations shall be given to all new applicants for permits or those who have not had a permit in the last calendar year.  If a permit is issued, it shall bear the expiration date of the permit.  When in use, the permit shall be attached to the driver's side rear window in the upper left corner. In the event that the vehicle for which the permit was issued does not have a rear driver’s window, the permit shall be attached to the driver's side window in the upper right corner.

 

(3)                       Prohibited practices.

 

(a)                      No person, firm, partnership, corporation, nor any officer, member, agent, servant or employee of any firm, partnership or corporation, shall suffer any vehicle of any kind or description to be parked on any public highway in the City of West Allis when such vehicle is displaying a forged, counterfeited or duplicated City of West Allis night parking permit, any object mimicking the appearance of such a permit, or any such permit which has been issued for a vehicle other than the one upon which it is displayed. Any penalty imposed under this section shall be in addition to any forfeiture imposed for violation of the parking regulations.

 

(b)                     Trucks in excess of six thousand (6,000) pounds gross weight, mobile homes, camping trailers or travel trailers, motorized camping vans, snowmobile, an all-terrain vehicle, and an electric personal assistive mobility device, trucks equipped with truck campers and utility trailers, as defined in Section 12.16 of this Code, shall not be eligible for a night parking permit.

 

(c)                     No one may use the municipal parking permit for any other vehicle than for which it was purchased.

 

(d)                     Where S. 56 St. lies on the boundary between West Allis and the Village of West Milwaukee, all-night parking permit issued by the Village of West Milwaukee shall be valid in West Allis, to the same extent as if such permits had been issued by West Allis; provided, however, that the provisions of this paragraph shall be effective only during such time as the Village of West Milwaukee authorizes a reciprocal privilege on such street for night parking permits issued by West Allis.

 

(4)                      Exceptions.

 

(a)                     On commercial blocks, any vehicle may be parked for one hour between the hours of 3:00 a.m. and 6:00 a.m. without a permit where businesses are open between such hours.

 

(b)                     On divided highways where a service drive or frontage road parallels such highway, vehicles which are parked on the service drive or frontage road shall be exempt from the provisions set forth in Paragraph (2).

 

(c)                      This section shall not apply to licensed physicians and surgeons in emergency situations.

 

10.11                      Snow Emergency Regulations.

 

(d)                      When, in the opinion of the Director of Public Works, snow accumulation on any City street is such that the removal of snow from along the curb becomes necessary or that the movement of vehicular traffic becomes severely impeded because of parked vehicles, the Director is empowered to prohibit the parking of vehicles upon such street or municipal parking lots through the posting of TEMPORARY NO PARKING signs until conditions permit.

 

Part II.                      Section 10.14 of the Revised Municipal Code is hereby repealed and recreated to read as follows:

 

10.14                      Municipal Parking Lots.

 

(1)                      Definitions. The word "vehicle," as used herein, shall mean any device in, upon or by which any person or property is or may be transported upon a highway.

 

(2)                      Designation.

 

(a)                     Municipal Parking Lots. All municipal off-street parking lots shall be established by ordinances by the Common Council.

 

(3)                      Marking of Municipal Parking Lots. The Department of Public Works shall place lines or markings designating the parking space for each vehicle. No person shall park any vehicle across such lines or markings or outside the area so designated.

 

(4)                      Municipal Parking Lots Restrictions.

 

(a)                     Vehicles may be parked on municipal parking lots only between the hours and, only for the time periods as indicated by official signs placed thereon, pursuant to action of the Common Council.

 

(b)                     Regulations established for parking on municipal parking lots shall not apply to City staff permit and designated lease holders. 

 

(c)                      Additional restrictions are located in RMC 10.035, 10.10 (3), 10.11, 10.105.

 

(5)                       Municipal Parking Lot Permits Required. 

 

(a)                     No vehicle shall be parked on any municipal parking lot between the hours of 3:00 A.M. and 6:00 A.M. of any day or in excess of four (4) hours at any time of the day except licensed passenger vehicles parked in accordance with the following provisions:

 

(1)                     Parking permits may be purchased subject to rules and regulations promulgated by Director of Public Works/City Engineer.

 

(2)                     Applications for such permits shall contain the name, address and phone number of the applicant and vehicle owner, and length of vehicle. It shall also bear the license plate number of the vehicle for which the permit is intended and other information that from time to time may be required.

 

(3)                     The permit fee shall be paid upon application as per below. No part of any permit fee shall be refundable at any time. A duplicate permit shall be issued for a fee of ten dollars ($10), if the original permit is lost or stolen. Permit fees include applicable state sales tax.

 

(a)                     The following municipal parking lot permits are available with permit fees per the method listed:

 

In person or via mail                                          Online

Monthly                                          $15                                                               $13

Quarterly                                          $45                                                               $35

Annual                                                               $100                                                               $80

 

(b)                     When in use, the permit shall be attached to the driver’s side rear window in the upper left corner. In the event that the vehicle for which the permit was issued does not have a rear driver’s window, the permit shall be attached to the driver’s side window in the upper right corner.

 

(c)                     Trucks in excess of twenty (2) feet, mobile homes, camping or travel trailers, motorized camping vans, snowmobile, an all-terrian vehicle, and an electric personal assistive mobility device, trucks equipped with truck campers and utility trailers, as defined in Section 12.16 of this Code, shall not be eligible for a municipal parking lot permit.

 

PART II.   All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.

 

PART III.  This ordinance shall take effect and be in force for all parking permits effective on and after January 1, 2017.