§ 12.44.300. Educational parking districts.

A.

Policy. It is the policy of the city to reduce hazardous traffic conditions and congested parking conditions resulting from the use of streets within areas zoned for residential uses resulting from the parking of vehicles by persons using commercial, industrial, governmental and education facilities; to protect the residents of designated residential districts from unreasonable burdens in gaining access to their residences; to preserve the character of designated residential districts as residential districts; to preserve the safety of students attending elementary and secondary schools in an area where parking is limited and restricted; to preserve the safety of motorists, children and other pedestrians; and 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.

"Educational facility" means an elementary or secondary school as defined by Sections 20.02.840 and 20.02.841, of the El Paso City Code, located within an established residential parking district.

"Parent/legal guardian" means the parent or legal guardian of one or more students enrolled in an educational facility.

C.

Creation of educational parking districts.

1.

Creation: Educational parking districts shall be created, adjusted and dissolved by ordinance. Educational parking districts established in Section 12.88.200 shall continue in existence until removed by amendment to that section.

a.

To initiate the creation of an educational parking district, a representative of the educational facility shall submit an application to create an educational parking district.

b.

No fee shall be charged for the application for the creation of an educational parking district. The application shall identify the block or blocks that are proposed to be in the educational parking district. The requested educational parking district must be within an existing residential parking district as defined by Section 12.88.200 of the El Paso City Code. The traffic engineer shall evaluate the need for educational parking restrictions in the block or blocks identified in the application and the area surrounding such block or blocks, based upon the availability of parking spaces that exist, safety issues that may exist because of congested street parking in the proposed district, and any other criteria that will promote the safety, health, and welfare of the public. If the criteria are met, the Traffic Engineer shall recommend appropriate boundaries for the district. The traffic engineer shall include in his evaluation the reasons why the block or blocks meet or do not meet the criteria. All applications, evaluations and recommendations of the traffic engineer shall be submitted to the city council for approval or denial of creating the educational parking district.

2.

Criteria. The following conditions shall exist in order to create an educational parking district:

a.

The proposed district shall be within an existing residential parking district as defined by Section 12.88.200 of the El Paso City Code; and

b.

An educational facility exists within the block or blocks in the proposed district that users of nonresidential vehicles parked on the street in the block will have access to the educational facility; and

c.

An inadequate number of parking spaces exist for residents and nonresidents to park their vehicles in the block or blocks in the proposed district; and

d.

A safety issue has been identified because of congested street parking block or blocks in the proposed district; and

e.

The traffic engineer determines that a parking permit system would alleviate the lack of parking for residents and non-residents of the block or blocks in the proposed district.

f.

The blocks in the proposed district are zoned as a light density residential district.

3.

Traffic engineer's evaluation. Upon receipt of an application meeting the requirements of this section, the traffic engineer shall evaluate the nature and extent of the problems, if any, caused by availability of nonresidential parking in each block using the criteria set forth in Section 12.44.300.C.2.a. through f. If deemed necessary by the traffic engineer, more detailed studies shall be conducted including, but not limited to an inventory of legal curbside parking spaces available.

4.

Notice. The traffic engineer shall notify the applicant within thirty city business days of the day the application is submitted to the office of the traffic engineer whether the applicant has met the requirements for the implementation of educational parking restrictions, citing any requirements that have not been met.

5.

Appeal. When the traffic engineer does not find that the applicant has met the requirements to impose educational parking restrictions, the traffic engineer shall send the applicant notice of his decision. The applicant may appeal the decision to the city council by submitting an appeal to the traffic engineer on a form approved by the traffic engineer. The appeal must be submitted within fifteen consecutive calendar days after the date of applicant's receipt of the notice of the traffic engineer's decision. The appeal shall state the basis for the appeal specifying any findings by the traffic engineer that the appellant asserts are in error.

D.

Removal of parking restrictions, dissolution of educational parking districts.

1.

The representative of the educational facility in an educational parking district may request to have the parking restrictions of such district removed as to the block or blocks in which the representative requests or to have the entire educational parking district dissolved.

2.

The city council reserves the right to dissolve an educational parking district upon 90 days advance written notice to the representative of the educational facility.

E.

Parking permits.

1.

Permit required. It shall be a violation for any person to park a motor vehicle on a city street in a curbside parking space on any day or during any hours in an educational parking district without the display, as required in this section, of a parking permit issued pursuant to this chapter ("parking permit") allowing the motor vehicle to be parked in the district and during the times specified on educational parking district signs posted in such district by the city.

2.

Effect of issuance of permit. A parking permit shall not guarantee or reserve to the holder a curbside parking space within an educational 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, towing laws or parking meter payment.

3.

Educational parking permit. No educational parking permits shall be issued until the city and the educational facility have entered into an agreement which addresses the distribution, revocation and replacement of the permits. Subject to the limitations in this section, an educational parking permit will only be issued to a parent, legal guardian, and/or other auxiliary personnel, such as interns, volunteers, and tutors associated with or working at the educational facility within the identified educational parking district. An educational parking permit shall not be given to residents or members of the existing residential parking district that have an existing parking permit or members of the educational facility's teaching or administrative staff. Permits shall be valid for one year from the date of issuance.

4.

Notwithstanding any other provision of this chapter limiting or restricting the parking or standing of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day, vehicles displaying the appropriate educational parking permit as hereafter provided may park on streets or portions thereof designated as an educational parking district and shall not be subject to the otherwise applicable parking limitation or restrictions; provided, however, such exemption shall not be effective unless signs or markings giving notice thereof are installed and in place; and further provided, such exemption shall not be permitted at loading zones or when or where parking or stopping is prohibited as posted.

F.

Exemptions. Any emergency vehicle, including, but not limited to, an ambulance, fire engine or police vehicle, which is under the control of an individual providing service to a property located on a street in an educational parking district shall be permitted to stand or be parked on a street in the area without being limited by the educational parking district prohibitions or restrictions. Additionally, any vehicle, including, but not limited to, a delivery, utility, or service vehicle which is under the control of an individual providing service to a property or infrastructure within the district located on a street in the educational parking district shall be permitted to stand or be parked on a street in the area without being limited by the educational parking district prohibitions or restrictions.

G.

Signs. The city shall cause appropriate signs to be placed in educational parking districts that provide notice of the parking restrictions that apply in the district. The signs shall be posted on those streets restricting all parking except parking by the holders of permits that are granted pursuant to this section. The signs placed in these areas shall be of such character as to readily inform an ordinarily observant person of the existence of the parking restrictions.

H.

Conflict. Where a conflict or overlap of boundaries or parking restrictions exist between an educational parking district and any other parking district, the educational parking district times and restrictions shall control.

I.

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. 18407, § 1, 8-18-2015)