§ 13-172. Residential parking only blocks.

(a)

Parking permit required. Pursuant to the authority granted by G.S. 160A-301, no stopping, standing or parking of any type of vehicle, as defined in this section, shall be allowed on any side of a block that has been designated as a residential parking only block unless a special permit authorizing parking has been granted as set out in this section.

(b)

Designation. For the purposes of this section, a residential parking only block is a block that is within an R-8, RD-B, R-20, LR-6 or R-6 zoning district and that has been designated by the city manager or the city council as a residential parking only block. Such designation shall be pursuant to a petition submitted to the city manager and signed by at least two-thirds of the residents of each block to be designated. The petition for a designation as a residential parking only block shall be submitted to the city manager on a form furnished by the city clerk. The city manager shall determine if any residents of the block would suffer any unreasonable adverse consequences from such designation. If the city manager finds no adverse consequences and finds the request otherwise reasonable, he shall designate the block as a residential parking only block. Any resident of a block that has been designated a residential parking only block or any resident of a block that the city manager has chosen not to designate as a residential parking only block after receipt of a valid petition may appeal such decision to the city council. The city council will hear the appeal and then decide whether or not to designate the block as a residential parking only block by a majority vote.

(c)

Posting of signs. Once a block is designated as a residential parking only block, the block shall be posted with signs stating that no stopping, standing or parking of any type of vehicle is allowed at any time. The signs shall also indicate that vehicles found stopped, standing or parked will be towed away by order of the city police department unless the vehicle is displaying a special permit allowing parking granted pursuant to subsection (e) of this section.

(d)

Removal, towing of unlawfully parked vehicles. When the police department observes a vehicle, whether occupied or not, stopped, standing or parked on a posted block, and the vehicle does not have a special permit as allowed by subsection (e) of this section, the police shall direct the driver to remove the vehicle. If the driver of the vehicle cannot be immediately located, or refuses to remove the vehicle, the police shall issue a citation for violation of this section and have the vehicle towed away by a private towing company. The citation shall be issued in the name of the registered owner of the vehicle. The towing charge and any storage fees must be paid in cash to the towing company before the owner can reclaim the vehicle. If the owner of the vehicle desires, he may grant power of attorney to some person to reclaim the vehicle. The vehicle will only be released to the owner or a person having the owner's power of attorney to reclaim the vehicle. Owners of unregistered vehicles that are towed shall have the burden of proving ownership before reclaiming an unregistered vehicle. Citations for illegally stopped, standing or parked unregistered vehicles shall indicate that the vehicle is unregistered and the owner is unknown. Owners of vehicles that have been removed for being illegally stopped, standing or parked may inquire at the city police department headquarters building to determine the location of the towed vehicle.

(e)

Types of permits; issuance. The city manager is authorized to issue different categories of special permits, as set forth in this subsection, that will allow parking on residential parking only blocks.

(1)

Annual permit. Applicants for an annual parking permit must meet the following criteria:

a.

The applicant must be domiciled on a block that has been designated a residential parking only block.

b.

Applicants must have no practical way of parking up to four (4) vehicles off the public right-of-way.

c.

The city manager may issue up to four (4) annual permits that shall be renewed annually upon a showing of no change in circumstances.

d.

No more than four (4) annual permits shall be issued for any residential lot, regardless of the number of vehicles owned by occupants of a residential lot.

(2)

Annual guest permit. Applicants for an annual guest permit must meet the following criteria:

a.

The applicant must be domiciled on a block that has been designated a residential parking only block.

b.

The applicant must have no practical way of parking two (2) guest vehicles off the public right-of-way in addition to the applicant's own vehicles.

c.

The permits must be displayed at all times on the vehicles parked on residential parking only blocks.

d.

The city manager may issue two (2) annual guest parking permits that may be renewed annually upon a showing of no change in circumstances.

(3)

Special occasion guest permits. Applicants for special occasion guest permits must meet the following criteria:

a.

The applicant must be domiciled on a block that has been designated a residential parking only block.

b.

There must be a special event, e.g. a wedding, funeral, party, or similar event, at the home of the applicant, for which temporary parking along the street will be necessary.

c.

The city manager may issue special permits good for one (1) day only in such number as the city manager deems advisable.

d.

The permits must be displayed at all times on the vehicles parked on residential parking only blocks.

(4)

Special permits for business purposes. Applicants for special permits for business purposes must meet the following criteria:

a.

The city manager may issue permits for official business purposes upon application by the appropriate individual. The applicant must be a person having official business on residential parking only blocks such as a U.S. mail carrier, Federal Express driver, UPS driver, diaper delivery service, and the like.

b.

The permits issued shall be valid only while the permit holder is on the official business listed on the permit.

(f)

Vehicle defined. For the purposes of this section, vehicle is defined to mean every device in, upon or by which any person or property is or may be transported or drawn upon a street. For the purpose of this section bicycles, mopeds, motorcycles and the like shall be deemed vehicles.

(g)

Penalty. Violation of this section shall be an infraction pursuant to G.S. 14-4(b) and any violator shall be required to pay a penalty of twenty-five dollars ($25.00) for each offense in addition to paying all required charges to reclaim his vehicle.

(Ord. No. 1990-21, 6-5-90; Ord. No. 1997-33, § 1, 5-6-97)