§ 12.44.290. Restrictions on parking in downtown parking districts.

A.

Policy. It is the policy of the city to reduce hazardous traffic conditions and congested parking conditions within designated downtown districts resulting from the parking of vehicles by persons using commercial, industrial, governmental and education facilities and to protect the residents of designated downtown districts from unreasonable burdens in gaining access to their residences; to preserve the value of the property in those districts; to preserve the safety of pedestrians and motorists; for the peace, order, comfort, convenience and welfare of the inhabitants of the city.

B.

Definitions. The following definitions shall apply to this section:

"Block" means a continuous area adjacent to a street between street intersections on one or both sides of such street or, in the instance of a dead end street, the contiguous area from the last intersection of that street with another street to the end of such street on one or both sides of such street.

"Downtown parking district" means a contiguous area designated by the city in which a downtown parking district parking permit issued for said area is effective. Downtown parking districts are identified in Section 12.88.220 (Schedule XIX) of this code.

"Owner" means an owner of record in the El Paso county clerk's records of a property within a downtown parking district.

"Parking permit" means a parking permit authorizing a motor vehicle to park in a curbside metered parking space free of charge in a downtown parking district or in a non-metered curbside parking space in a downtown parking district where such parking is prohibited except with a parking permit.

"Property" means a parcel of land containing at least one residential dwelling unit and has a property or parcel identification number issued by the central appraisal district.

"Resident" means the owner or tenant who occupies a residential property in a downtown parking district.

"Residential property" means premises containing one or more dwelling units in a downtown parking district, such as duplexes, condominiums, apartment complexes and dormitories that contain habitable rooms for nontransient occupancy and are designed primarily for living, sleeping, cooking and eating therein, unless such premises are actually occupied and used exclusively for other purposes.

C.

Establishment of downtown parking districts.

1.

Establishment: Downtown parking district boundary lines shall be created, adjusted and dissolved by ordinance. Downtown parking districts established in Section 12.88.290 (Schedule XIX) of this code shall continue in existence until removed by amendment to that section.

a.

Districts initiated by city council. City representatives may propose to create or dissolve a downtown parking district by submitting a proposal to the traffic engineer. When the proposal is to create a district, the traffic engineer shall evaluate the need for the district, identify the appropriate boundaries for such district and submit his findings and recommendations to the city council. The city council by ordinance shall determine whether to create, adjust, or dissolve downtown parking district boundary lines.

D.

Parking permits.

1.

Permit required.

a.

It shall be a violation for any person to park a motor vehicle on a city street in a curbside metered parking space on any day or during any hours in a downtown parking district unless a coin or coins of United States currency, tokens, a parking meter debit card, or other approved payment method as provided in Section 12.56.040 and of the appropriate denominations shall have been deposited therein, or shall have been previously deposited therein for an unexpired interval of time, and such meter has been placed in operation, without the display, as required in this section, of a parking permit issued by the City of El Paso pursuant to this chapter allowing the motor vehicle to be parked in the downtown parking district.

b.

It shall be a violation for any person to park a motor vehicle in a curbside parking space along West Missouri Avenue from Durango Street to Coldwell Street and Coldwell Street from West Missouri Avenue to West Franklin Avenue in zone A during the days or times specified on the posted signs, without the display of a parking permit issued by the City of El Paso pursuant to this chapter allowing the motor vehicle to be parked in the downtown parking district.

2.

Effect on issuance of permit. A parking permit shall not guarantee or reserve to the holder a curbside parking space within a downtown parking district. A 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 including, but not limited to, vehicle abandonment laws or towing laws.

3.

Temporary suspension of permit. The traffic engineer may temporarily suspend the parking allowed pursuant to a parking permit for emergency or construction purposes within the downtown parking district.

4.

Limitations on the issuance of parking permits.

a.

The traffic engineer may limit the parking permit to certain hours of the day and certain days of the week in any downtown parking district or a block within a district.

b.

Only one permit shall be issued for each vehicle.

c.

Permits may only be used in the downtown parking district for which they are issued.

d.

The traffic engineer may limit the number of vehicles that may be issued a permit for each household on each block or blocks within a downtown parking district when such limitation is appropriate to accommodate the parking needs within the block or blocks in the downtown parking district.

e.

No parking permit shall be issued if the applicant has pending parking tickets issued in the city.

5.

Prohibitions regarding the use of downtown parking district parking permits.

a.

The side of the permit showing the downtown parking district for which the permit was issued shall be displayed in the vehicle at all times the vehicle is parked in the downtown parking district for which it was issued in a manner that allows the entire permit to be viewed from outside the vehicle through the lower passenger side of the front windshield.

b.

Expired parking permits shall not be displayed in parked vehicles.

c.

Parking permits shall be returned to the City of El Paso when said permit expires, the person to whom the parking permit was issued no longer resides in the downtown parking district, and when the vehicle to which the parking permit was issued is loaned (for more than thirty days) or is stolen, sold or traded.

d.

Parking permits shall not be transferred.

e.

Parking permits shall not be displayed in a vehicle for which said permit was not issued.

6.

Requesting parking permits.

a.

All parking permits under this section may be issued by the City of El Paso upon receipt of a completed application which provides the information required under this section.

b.

All applicants must present a valid driver's license or other government-issued identification showing the applicant's photograph.

c.

All applications shall be accompanied by the established fee for the parking permit(s) requested in the manner established in Section 12.44.290.G.

E.

Downtown parking district parking permit application requirements: The following requirements must be met before a downtown parking district parking permit may be issued.

1.

Residents: Each applicant must demonstrate that he/she is a current resident of the downtown parking district for which the parking permit is to be issued by providing one of the following documents which shows that the applicant resides in the downtown parking district:

a.

A current electric, gas, telephone or water bill for service at the residents address within the downtown parking district that is dated within thirty days of the application for a permit;

b.

A lease of premises or contract for sale of a residence that lists the applicant's residence as within the downtown parking district; or

c.

Any other current valid document issued by a government agency that shows that the applicant resides within the downtown parking district.

2.

Armed forces: Members of the armed forces whose home of record is outside El Paso County and currently reside in a downtown parking district are eligible to apply for a downtown parking permit provided they show a valid military identification card and one of the following which shows that the applicant resides in the downtown parking district:

a.

A current electric, gas, telephone or water bill for service at the resident's address within the district that is dated within thirty days of the application for a parking permit;

b.

A lease of premises or contract for sale of a residence that lists the applicant's residence as within the downtown parking district; or

c.

Any other current valid document issued by a government agency that shows that the applicant resides within the downtown parking district.

F.

New resident temporary parking permit. A new resident temporary parking permit may be obtained from the City of El Paso by submitting an application in the same manner as is required in this section for applying for downtown parking permits except that no document shall be required that contains the address located within the downtown parking district. The new resident temporary parking permit shall expire at the end of the ninetieth day after its issuance and shall be subject to all other requirements and limitations of a downtown parking permit. No parking permit described under Subsection D of this chapter shall be issued to the holder of new resident temporary parking permits until all new resident temporary parking permits issued to the applicant are returned to the City of El Paso.

G.

Downtown parking district parking permit and new resident parking permit fees. The following fees are established and shall be charged: (1) a downtown parking district parking permit fee, assessed exclusively to the first permit issued to a residence, (2) a downtown parking district parking permit fee, assessed for each subsequent permit issued to a residence after the first, (3) a new resident temporary parking permit fee, and (4) a replacement downtown parking district parking permit fee. The downtown parking district parking permit fee and new resident temporary permit fee shall be charged for each authorized vehicle.

H.

Parking permit term. Parking permits shall be valid for a consecutive twelve-month period from the day they are issued by the City of El Paso and shall be renewable annually provided that the applicant provides evidence that he/she is still eligible for the permit. The permit may be renewed by mail provided that proof of eligibility and fee payment are also included with the renewal application.

I.

Revocation of parking permits. A parking permit may be revoked for the following reasons:

1.

The transfer or assignment of a parking permit.

2.

The applicant for the parking permit falsely represented himself as being eligible for a parking permit, submits false documentation, or otherwise makes a false statement of a material fact on an application for a parking permit.

3.

The parking permit holder loses his status as a resident or other qualification to apply for a parking permit.

J.

Lost or stolen parking permits. The City of El Paso may replace a lost, stolen or destroyed downtown parking permit. To be eligible to receive a replacement parking permit, the permit holder must submit a signed affidavit stating that the parking permit was lost, stolen or destroyed and pay the established parking permit replacement fee. The remaining part of a damaged parking permit shall be submitted to the traffic engineer before receiving a replacement parking permit.

K.

Signs. The city shall cause appropriate signs to be placed in downtown parking districts that provide notice of the extent of each district. The signs placed in these areas shall be of such character as to readily inform an ordinarily observant person of the existence of the downtown parking district.

L.

Violations. Any person who violates any provision of this chapter shall be subject to the penalties set forth in Section 12.84.010 B., except that a violation of the provisions of this section related to the parking, standing or stopping of vehicles shall be a civil offense and violation of section 12.84.010 A. and subject to the administrative procedures provided in Chapter 12.85 (Parking Violations). Fines shall be in accordance with the schedule of standard fines adopted by resolution of city council.

(Ord. No. 17942, § 1, 2-5-2013; Ord. No. 18154, § 1, 4-1-2014)