Loading...
HomeMy WebLinkAbout5784-03.17.2025Prepared by Kelley Felchle City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5784 AN ORDINANCE AMENDING THE CITY OF WATERLOO TRAFFIC CODE BY REPEALING AND REPLACING PARKING METERS, AND PARKING RAMPS SECTIONS 320 TO 353, IN THEIR ENTIRETY AND ENACTING IN LIEU THEREOF A NEW PARKING METERS, AND PARKING RAMPS SECTIONS 320 TO 353. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: That Sections 320 to 353, Parking Meters and Parking Ramps, of the Traffic Code, are repealed in their entirety and a new Parking Meters and Parking Ramps Sections 320 to 353 are enacted in lieu thereof as follows: PARKING METERS Definitions: Meter or Parking Meter: Any device installed by the city for the purpose of controlling parking spaces and collecting fees. Multi Space Parking Meter: Also referred to as "pay station," "pay -and -display meter," or "kiosk," is a Meter that manages and controls multiple parking spaces within a designated area and collects fees. Parking Zone: Any group of parking spaces designated as a parking zone by the city where certain parking regulations apply and are delineated from other parking areas; there could be several parking zones. Parking Fees: Cost of parking due to the city for parking a vehicle in a parking space as per City parking ordinances and cost requirements. Time Limit: Also referred to as Parking Interval or Parking Duration: The allowable time during which a driver may utilize a parking space to park a vehicle by paying the required parking Fees. Maximum Time or Maximum Time Limit: The maximum allowable parking duration in a particular space beyond which time parking is prohibited. Paid Parking: A system where fees are required for the use of designated parking spaces, collected via Parking Meters, mobile apps, attendants, or other methods. Cash Payment: Any method of paying for a one-time use of Paid Parking space such as legal currency or allowed electronic payment methods. Subscription: A recurring payment (monthly, quarterly, or annually) to secure access to a designated parking spot or facility. City: The City of Waterloo, or its designee. Parking Ramp: off-street multi -story parking facility SEC. 320. DESIGNATION OF PAID PARKING AREAS. The City of Waterloo is hereby authorized and directed to designate and mark off individual parking spaces on streets and within designated parking lots as conditions permit and shall install Parking Meters providing parking time limits within the downtown area bound by Walnut Street, Seventh Street, South Street, and Westfield Avenue. The location and type of metered parking shall be designated by Resolution of the City Council. (Ord. #3591, 10/24/88; '91 Rev.) Ordinance No. 5784 Page 2 SEC. 321. REGULATION OF PARKING IN INDIVIDUAL SPACES. Whenever a vehicle is parked in a designated Paid Parking space, the person parking such vehicle shall pay as designated on the Parking Meter or signs if such Meter displays the signal showing that legal parking is only permitted upon such payment. Where stalls or sections for vehicles are marked or painted upon the surface of any street or municipally -owned or leased parking ramp or lot or portion thereof, it is the duty of the driver or operator of any vehicle to park the same within the limits of one of the stalls or sections and not over or across said lines. The Parking Fees and Time Limits for individual Paid Parking spaces shall be set by Resolution of the City Council Notice to the public shall be given by appropriate signs setting forth the length of time for which parking is permitted and the conditions thereof. These may be on the face of the Parking Meter, on the Parking Meter stand, or in the immediate vicinity. Any vehicle that remains in an individual Paid Parking space after the prescribed time for parking is hereby determined to be illegally parked. The provisions of this ordinance shall not apply to vehicles parked or standing in the areas hereinbefore designated between the hours of 5:00 p.m. and 9:00 a.m. Monday through Friday. The provisions of this ordinance shall not apply on City Observed Holidays. SEC. 322. FEES FOR SUBSCRIPTION RAMP AND LOT PARKING. (Ord. #3324, 2/6/84; repealed by Ord. #3591, 10/24/88) SEC. 323. EVIDENCE. The existence of a vehicle parked in any parking space designated as Paid Parking without making the required payment shall be deemed prima facie evidence of the unlawful parking of such vehicle. It shall be the duty of every registered owner of a vehicle to ensure that said vehicle does not park contrary to the lawfully enacted and promulgated parking regulations of the City of Waterloo, Iowa. It may be inferred unless evidence to the contrary is presented, that the registered owner of any motor vehicle parking in violation of the parking regulations of this chapter is responsible for said vehicle being so parked. SEC. 324. OVERTIME PARKING. It shall be unlawful and a violation of the provisions of this Article for any person to cause, allow, permit, or suffer any vehicle registered in the name of, or operated by, such person to be parked over or beyond the period of legal parking time established for any Parking Meter zone as herein described. SEC. 325. EXCEEDING MAXIMUM TIME VIOLATION. It shall be illegal to park beyond the Maximum Time. Each successive Parking Interval constitutes a separate violation, regardless of payment status. (Ord. #3591, 10/24/88) SEC. 326. RESERVED SPACE. It shall be unlawful and a violation of the provisions of this Article for any person to park or allow a vehicle under their control to occupy a reserved parking space as provided in Section 311. (Ord. #3591, 10/24/88) SEC. 327. DEFACE PARKING METER. It shall be unlawful and a violation of the provisions of this Article for any person to deface, injure, tamper with, open or willfully break, destroy, or impair the usefulness of any Parking Meter installed by the city. SEC. 328. SLUGS NOT TO BE USED. It shall be unlawful and a violation of the provisions of this article to deposit or cause to be deposited in any parking meter, any slug, device, metallic substance, or any other substitute for a legal coin of the United States. Ordinance No. 5784 Page 3 SEC. 329. INFORMATION ON TICKETS. It shall be the duty of all personnel authorized to enforce parking regulations to report: (a) (1) The number of each single space Parking Meter which indicates that the vehicle occupying the parking space adjacent to such parking meter, or (2) reference to the Multi Space Meter controlling the Parking Zone, is or has been parking in violation of the Traffic Code; (b) The state license plate information of such vehicle; (c) The time of day in which the violation occurred; (d) Any other facts necessary for a thorough understanding of the circumstances surrounding the violation. The authorized personnel shall also attach to such vehicle a notice to the owner or operator thereof that such vehicle has been parking in violation of this Traffic Code and instruct such owner or operator on payment or appeal procedures. (Ord. #3324, 2/6/84; Ord. #3591, 10/24/88; Ord. #3744, 9/24/90) SEC. 330. PENALTY. Any person who shall violate any of the provisions of either Section 324, 325, 326, 327 or 328 and any person who aids, abets, or assists therein, shall be guilty of a simple misdemeanor and upon conviction thereof, shall be punished accordingly. SEC. 331. BOND OR INSURANCE FOR MONEY COLLECTORS. The City or designee shall collect all coins deposited in the Parking Meters. Such employee, except for temporary help, shall furnish a bond in the amount of five thousand dollars ($5,000.00) with surety approved by the City Council. All funds collected from Parking Meters shall be credited to the Parking Meter Revenue ('91 Rev.). Any company contracted with the City of Waterloo to manage parking services shall provide proof of and maintain current commercial general liability insurance having a minimum combined single limit of one million dollars ($1,000,000.00) or as determined by the city clerk. Current auto insurance must be listed on the certificate if operating a motor vehicle. If the company employs persons within the city, Workers' Compensation coverage of no less than the statutory requirement. A certificate of insurance shall be provided to the City of Waterloo and shall list the City of Waterloo, and its elected and appointed officials, officers, employees, and agents as named additional insureds on a primary and non-contributory basis, including a waiver of subrogation in favor of city, against any liabilities that may arise in connection with the operation parking services. Apart from and separate from any insurance required under this section, the company shall agree in writing to indemnify, defend, and hold the City of Waterloo and its assignees and employees harmless from all losses, damages, injuries, claims, demands, and expenses in a manner resulting from or arising out of the operation of parking services. SEC. 332. FREE SPACES ALLOWED. Any authority heretofore or hereafter exercised by the City of Waterloo, Iowa, under any ordinance, rule, or regulation restricting or prohibiting parking, independent of time limits, shall in no manner be affected by these sections pertaining to Parking Meters or any of the provisions thereof. The purpose of this article is to assist in the regulation of overtime parking by the use of Parking Meters, and it shall be so construed. Nothing in this section shall be construed as prohibiting the City of Waterloo, Iowa, from providing free parking space for loading and unloading, for taxicab or rideshare stands, special events, and for other matters of a similar nature. SEC. 333. APPLICATION OF REVENUE (Repealed by Ord. #3591, 10/24/88) Ordinance No. 5784 Page 4 Revenues from Paid Parking system including violation fees shall be used for the operation, maintenance, and enhancements of parking systems and facilities. SEC. 334. PARKING FINES. (a) PARKING WITHOUT PAYMENT: It shall be a violation of this article for any person to permit a vehicle to park in any parking designated as Paid Parking space during permitted Paid Parking times without making the required payments. Legal parking is only permitted upon such a payment. This type of violation shall be designated as a meter violation. A fine for each violation of this subsection shall be: $15.00 if paid within 30 days $20.00 if paid after 30 days. (b) It shall be a further violation of this article for any person to permit a vehicle to park in any Paid Parking space, not in a designated paid parking zone, and not being in compliance for more than 4 hours from issuance of a first parking ticket from the same day. A fine for each violation of this subsection shall be: $30.00 if paid within 30 days $35.00 if paid after 30 days (c) The city or its designee is authorized to issue a warning ticket for the first parking violation per vehicle per fiscal year (July 1 — June 30). Any subsequent violation within the same fiscal year shall be subject to a monetary fine as prescribed in SEC 334 (d) It shall be a violation of this article for any person to permit a vehicle to park in any parking space that is in violation of any of the following subsections and shall be classified as an improper, restricted, or prohibited parking violation. A fine for each violation shall be: $15.00 if paid within 30 days $20.00 if paid after 30 days Improper, restricted, or prohibited parking violations shall be as follows: SEC. 273. STOPPING, STANDING OR PARKING. SEC. 274. METHOD OF PARKING. SEC. 275. THEATERS, HOTELS AND AUDITORIUMS. SEC. 276. BUS AND TAXI ZONES. SEC. 277. LOADING ZONES. SEC. 281. LOADING AND UNLOADING FROM ALLEY. SEC. 282. PARKING IN ALLEY. SEC. 283. BACKING INTO PARKING SPACE. SEC. 286. PARKING FOR CERTAIN PURPOSES PROHIBITED. SEC. 287. SUMMONS PLACED ON ILLEGALLY PARKED VEHICLE. SEC. 289. PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS. SEC. 290. NO PARKING BETWEEN SIGNS. SEC. 291. NO PARKING HERE TO CORNER. SEC. 292. NO PARKING HERE TO DRIVE SEC. 293. NO PARKING HERE TO TRACKS. Ordinance No. 5784 Page 5 SEC. 294. NO PARKING HERE TO ALLEY. SEC. 295. NO PARKING MAIL DROP. SEC. 296. NO PARKING HOTEL ENTRANCE. SEC. 297. TEN-MINUTE PARKING. SEC. 298. THIRTY -MINUTE PARKING. SEC. 299. ONE -HOUR PARKING. SEC. 300. TWO-HOUR PARKING. SEC. 301. NO PARKING 8:00 A.M. TO 4:00 P.M. SEC. 302. NO PARKING 1:00 P.M. TO 4:00 P.M. SEC. 303. NO PARKING 12:00 NOON TO 4:00 P.M. SEC. 304. NO PARKING 6:00 A.M. TO 6:00 P.M. EXCEPT SUNDAY. SEC. 305. NO PARKING ANY TIME EXCEPT SUNDAY. No Parking Signs may be rented from the City at a cost of $5.00 per day per sign. (Ord. #3744, 9/24/90; Ord. #4160, 4/1/96; Ord. #4627, 7/21/03; Ord. #5047, 5/9/11) SEC. 335-340. RESERVED. PARKING RAMPS AND CITY -OWNED PARKING LOTS Definitions: Ramp: Off-street multi -story parking facilities owned by the City of Waterloo. Cash Patron: Anyone who pays for parking on the ramps who is not on a subscription. Subscription: Pre -paying for parking on the ramps based on a period of time. Gated Facility: A Ramp where entrance or exit is controlled by physical or electronic devices. SEC. 341. REGULATION OF PARKING OF CASH PATRONS. (a) Regulating Entrance, Cash Patrons The City of Waterloo is hereby authorized and directed to establish at the entrance and exit to parking ramps, when applicable, appropriate mechanical or electronic devices to regulate the entrance and exit of cash patrons using the parking facility. The mechanical or electronic devices regulating entrance in the parking facility shall provide for the entrance of one vehicle at a time, provided the operator of the vehicle entering accepts a parking ticket, physical or electronic, noting the time of entrance. At the cash patron's exit from the parking facility there shall be maintained a facility where cash patrons shall pay for the use of the parking facility either physically or electronically at the rates hereinafter set forth by Resolution of the City Council. ('91 Rev.) (b) Parking Meters The City of Waterloo is hereby authorized and directed to install Parking Meters on parking ramps when the city deems it to be appropriate for operations where mechanical gates will or will not be needed. SEC. 342. REGULATION OF PARKING OF SUBSCRIPTION PARKERS. (a) Regulating Entrance, Subscription Patrons Ordinance No. 5784 Page 6 The City of Waterloo is hereby authorized and directed to establish at the entrance and exit to the parking ramp appropriate mechanical and electronic devices to regulate the entrance and exit of subscription parkers using the parking facility. The mechanical and electronic devices regulating entrance in the parking facility shall provide for the entrance of one vehicle at a time, provided the subscription parker provides appropriate identification or proof as a subscription parker. ('91 Rev.) (b) Parking Meters The City of Waterloo is hereby authorized to issue electronic or other forms of permits for subscription parkers at ramps where control is established by gates, Parking Meters, or both. SEC. 343. PARKING RATES FOR CASH PATRONS. It is hereby established that the fees for cash patrons for all parking ramps shall be set by Resolution of the City Council. (Ord. #3324, 2/6/84; Ord. #3402, 8/19/85; Ord. #3416, 12/2/85; Ord. #5000, 7/19/10) SEC. 344. SUBSCRIPTION PARKING. Subscription parkers shall be authorized to use parking facilities upon payment of the required fee as designated by Resolution of the City Council. (Ord. #4002, 1/18/94) SEC. 345. OBTAIN PARKING STUB It shall be unlawful and a violation of the provisions of this article for any person to cause, allow, permit, or suffer any vehicle registered in the name of, or operated by, such person entering a gated parking facility where obtaining a paper parking stub is the only form of available parking control without first obtaining a parking stub at the entrance gate. SEC. 346. EXIT WITHOUT PAYING. It shall be unlawful and a violation of the provisions of this article for any person to cause, allow, permit, or suffer any vehicle registered in the name of, or operated by, such person to exit the parking facility without having paid the required fee for use of the parking facility. SEC. 347. VANDALISM OF MECHANICAL AND ELECTORONIC DEVICES. It shall be unlawful and a violation of the provisions of this article to deface, hack into, injure, tamper with, open or willfully break, destroy, impair the usefulness, or impair the intended operation of any mechanical or electronic devices installed under the provisions of this article. SEC. 348. ENTER RAMP OTHER THAN ENTRANCE. It shall be unlawful and a violation of the provisions of this article for any person to cause, allow, permit, or suffer any vehicle registered in the name of or operated by, such person to attempt to enter a parking ramp in any other manner than provided, for entrance of motor vehicles. SEC. 349. PAY SUBSCRIPTION FEE. It shall be unlawful for any person to cause, allow, permit, or suffer any vehicle registered in the name of, or operated by, such person to enter through the subscription entrance without paying the appropriate parking fee. SEC. 350. PENALTY. Any person who shall violate any of the provisions of this article and any person who aids, abets, or assists therein shall be guilty of a simple misdemeanor and upon conviction thereof shall be punished accordingly. SEC. 351. APPLICATION OF REVENUE. (Repealed by Ord. #3591, 10/24/88) SEC. 352. CITY PARKING LOTS. Ordinance No. 5784 Page 7 (a) That the City Council is hereby authorized to establish parking areas known as City Hall Lot adjacent to City Hall and City Hall Annex Lot adjacent to City Hall Annex. (Ord. #3360, 8/20/84) (b) The above parking areas shall be used strictly by city personnel. (c) Each vehicle parking in one of the above lots shall have a sticker issued by the City of Waterloo designating an assigned parking space. (d) Any stickered vehicle parking in a space not designated for that vehicle shall be considered in violation and will be subject to fines established by council resolution. (Ord. #4002, 1/18/94) (e) Any non-stickered vehicle parking in one of the lots under this ordinance shall be subject to fines established by council resolution, and the city shall have the authority to tow such non- stickered vehicle at the owner's expense. ('91 Rev.) SEC. 353. APPLICATION OF REVENUE. This section was repealed by Ord. #5000 passed July 19, 2010. SEC. 354-357. RESERVED. INTRODUCED: March 17, 2025 PASSED 1st CONSIDERATION: March 17, 2025 PASSED 2nd CONSIDERATION: March 17, 2025 PASSED 3rd CONSIDERATION: March 17, 2025 PASSED AND ADOPTED this 17th day of March 2025. ATTEST: Kelley Felchle Kelley Felchle, City Clerk CERTIFICATE ate (,a 91.ar Quentin Hart, Mayor I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5784 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 17th day of March 2025. Witness my hand and seal of office on this 17th day of March 2025. (elley Felchle Kelley Felchle, City Clerk SEAL