Chapter 10

Parking

Articles

ARTICLE A - Parking Regulations

ARTICLE B - Parking Meters And Related Regulations

ARTICLE C - Parking Services Authorized Towing

ARTICLE A - Parking Regulations

6-10A-1: Legal Authority


Idaho Code sections 50-302, 50-314 and 49-208 authorize the City to regulate, limit and control traffic and parking within its boundaries. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-2: Purpose


The purpose of the regulations and standards established within this article is to ensure adequate on-street parking is provided and maintained throughout the City. These regulations are intended to relieve congestion, provide for the safe and orderly movement of traffic throughout the City, protect the integrity of neighborhoods which are experiencing heavy concentrations of vehicles parking from persons coming from outside of these areas through the use of residential and special parking districts permit systems, reduce air and noise pollution, promote business and industry through providing adequate parking, and balance the needs of construction companies staging necessary vehicles, equipment and apparatus at construction sites with the needs of the general public and business for the use of on-street parking spaces through a temporary use permit system. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-3: Scope


This article sets forth policies, standards, requirements and procedures applicable to standing, stopping and parking within the City, including, but not limited to, temporary use parking permits, and residential and special parking district permits. (Ord. 57-15, 12-1-2015)

6-10A-4: Definitions


For the purposes of this article, the following terms, phrases, words, and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this article, but not defined herein, shall have their plain, ordinary, and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.

ADA: All Federal Statutes and regulations pertaining to the Americans with Disabilities Act of 1990, including, but not limited to, the ADA Amendments Act of 2008 and all other amendments and implementing regulations thereto.

ACCESSIBLE PARKING SPACE: A parking space which is specifically marked and signed as reserved for a person with a disability who has and displays an accessible parking placard or plates issued by the Idaho Department of Transportation pursuant to Idaho Code section 49-410.

ALLEY: A public way of limited use intended only to provide access to the rear or side of lots or buildings.

BIKE LANE: The portion of a roadway designated for preferential or exclusive use by bicycles and E-bikes that is distinguished by a painted strip and other pavement markings from that portion of the roadway to be used by motor vehicles.

BIKE PATH: A physically separated route which is set aside and designated primarily for use by bicycles, E-bikes, and pedestrians, including but not limited to the Greenbelt. As used herein, this term includes both the paved surface and a minimum of two feet (2') on either side of the pavement's edge.

BIKE PATH APPROACH: The area where a transition is made between a roadway, parking lot, sidewalk or other facility and a bike path. This area is generally identified by wooden bollards, pavement markings and a parking prohibition.

BIKE/PEDESTRIAN CURB RAMP: A break in a curb designated to facilitate movement by the operator of a bicycle or an E-bike, pedestrian or person with a disability from a street or parking lot to a sidewalk or bicycle facility.

BLOCK FACE: The side of a City block between two (2) other streets or other geographic boundaries.

BOISE CITY ACCESSIBLE PARKING COMMITTEE: The committee established under title 2, chapter 13 of this Code, which is empowered to provide information and recommendations to the Parking Services Office relating to issues of accessible on-street parking.

BOISE RIVER GREENBELT (GREENBELT): The paved or improved pathways and connecting trails and the twenty feet (20') of publicly owned greenspace on either side, including picnic tables, barbeque stands, benches and other improvements and fixtures connecting Boise Parks along the Boise River and maintained by the Department of Parks and Recreation and delineated generally in the publication known as the map, and/or specifically in the Inventory of Park Properties at the Office of the Director. Greenbelt does not include any private property which may lie within twenty feet (20') of the paved or improved pathways and connecting trails.

CITY: The City of Boise City, Idaho.

CITY CLERK'S OFFICE: The Office of the City Clerk of the City or its designee.

CITY PARK: Any and all lands, buildings, reserves, sports complexes, swimming pools, golf courses, trails, the Boise River Greenbelt, and other places that are owned, operated or maintained by the City, and are delineated generally in the publication known as the Department of Parks and Recreation Map, or specifically in the Inventory of Park Properties at the Office of the Director of the Department of Parks and Recreation for the City.

CITY PARKING FACILITY: A parking lot or parking structure owned, leased or operated by the City.

COMMERCIAL VEHICLE: A vehicle used to transport goods, passengers or be otherwise operated for the benefit or profit of an individual or business.

DEMAND-BASED, TIME-LIMITED PARKING: Days and hours of parking enforcement which are variable and set by the Director, considering the location, time of day, maximum parking time allowed, and the capacities of available on-street parking in order to maximize target utilization.

DIRECTOR: The Director of the Department of Finance and Administration or his designee, who must be an employee of the City.

DRIVER: A person who drives, operates or is in actual physical control of a vehicle. The term "operator" is interchangeable with the term "driver".

ELECTRIC POWER-ASSISTED BICYCLE (E-BIKE): A vehicle having two (2) tandem wheels or two (2) parallel wheels and one forward wheel, any two (2) of which are not less than twelve inches (12") in diameter, that is designed to be operated by human power with the assistance of an electric motor that has a power output of not more than seven hundred fifty (750) watts that: a) is incapable of propelling the vehicle at a speed of more than twenty (20) miles per hour; and b) disengages or ceases to function when the vehicle's brakes are applied. An E-bike is not a motor vehicle for purposes of this chapter.

FLOATING CURB: A concrete curb, asphalt curb, or painted pavement marking that acts as the side boundary between the roadway and the adjacent bicycle lane or other pathway.

FLOATING ON-STREET PARKING SPACES: Parking spaces that are parallel and adjacent to a floating curb.

HIGHWAY: The entire width between the boundary lines of every public way for vehicular travel use, with jurisdiction extending to the adjacent property line, including sidewalks, shoulders, berms and rights-of-way not intended for motorized traffic. The term "street" is interchangeable with highway.

MOTOR VEHICLE: Every vehicle which is self-propelled and for the purpose of titling and registration meets Federal Motor Vehicle Safety Standards as defined in section 49-107, Idaho Code. Motor vehicle does not include vehicles moved solely by human power, electric personal assistive mobility devices and motorized wheelchairs or other such vehicles that are specifically exempt from titling or registration requirements under title 49, Idaho Code.

OBSTRUCTION: Any obstacle, person, or thing impeding or rendering dangerous travel upon and along a street, alley or sidewalk.

OPERATOR: See definition of driver. "Driver" and "operator" are interchangeable terms.

PARK OR PARKING: The stopping or standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.

PARKING SERVICES OFFICE: The Boise City Parking Services Office, or its designee.

PERMIT: A privilege that allows its holder to access certain parking spaces and locations, which form includes, but is not limited to, a printed pass, a sticker, an RFID chip, or an electronic privilege associated with a specific vehicle license plate.

PERSON: Any individual, partnership, association, corporation, or organization of any kind, or any governmental entity, including the State of Idaho and every political subdivision thereof.

PERSON WITH A MOBILITY DISABILITY: Any of the following persons: a) a person who is physically unable to walk two hundred feet (200') or more without the assistance of another person or without the aid of a cane, walker, crutches, braces, prosthetic device, or wheelchair; or b) a person who is physically unable to walk two hundred feet (200') or more without great difficulty or discomfort due to neurological, orthopedic, respiratory, cardiac, arthritic impairment, blindness, or the loss of function or absence of a limb.

RESIDENTIAL PARKING DISTRICT: A geographical area of residential streets which are designated by resolution of the Boise City Council for the purpose of managing parking issues specific to such area. Residents and businesses located within such designated area may apply for and, if qualified, receive permits which exempt their associated vehicle(s) from the parking time restrictions otherwise enforced in such area.

ROADWAY: The portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of sidewalks, shoulders, berms and rights-of-way.

SAFETY ZONE: The area or space officially set apart within a highway for the exclusive use of pedestrians and which is protected or is so plainly visible at all times while set apart as a safety zone.

SIDEWALK: The portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for use by pedestrians.

SPECIAL PARKING DISTRICT: A subset of a residential parking district which utilizes separate parking permits and has stricter parking limitations than the rest of the residential parking district.

STOPPING OR STANDING: The complete cessation of movement of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of law enforcement, authorized personnel representing an entity with jurisdiction, or an official traffic control device.

STREET: See definition of highway. "Street" and "highway" are interchangeable terms.

TRAFFIC-CONTROL DEVICE: Any marker, sign, signal or other manually, electrically or mechanically operated device placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.

VEHICLE: Every vessel in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. (Ord. 37-18, 9-25-2018)

6-10A-5: Demand-based Time-limited Parking Areas


The Director is authorized to set and adjust the days and hours of operation and enforcement of all demand-based time-limited parking areas in the City. All demand-based time-limited parking areas shall be clearly posted with signs that describe either the maximum length of parking for a twenty four (24) hour period, or the days and times parking is time limited. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-6: Stopping, Standing Or Parking Prohibited In Specified Places


Except when necessary to avoid conflict with other traffic, or to comply with the law, the directions of a law enforcement officer or authorized personnel representing an entity with jurisdiction, or an official traffic control device, no person shall:


A. Stop, stand or park a vehicle:

1. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

2. On a sidewalk;

3. Within an intersection;

4. On a crosswalk;

5. On a bike lane or bike path;

6. Within twenty feet (20') of a bike path approach;

7. Between a safety zone and the adjacent curb or within thirty feet (30') of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;

8. Alongside or opposite any street excavation or obstruction when doing so would obstruct traffic;

9. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

10. On any railroad track;

11. At any place where a traffic-control device prohibits or limits such stopping, standing or parking;

12. On the same block face after the expiration of the posted time limit on a traffic control device during the remainder of that calendar day;

13. Along any yellow or red painted curb; or

14. Along any blue painted curb without a valid accessible parking placard or plates.


B. Stop, stand or park a vehicle, unless driver occupied, except momentarily to pick up or discharge a passenger:

1. In front of a public or private driveway;

2. Within fifteen feet (15') of a fire hydrant;

3. Within twenty feet (20') of a crosswalk or a bike/pedestrian curb ramp, except at an intersection where a traffic control signal is in operation, or in a parking meter zone;

4. Within thirty feet (30') upon the approach to any flashing signal, stop sign, yield sign or traffic control signal located at the side of a roadway;

5. Within twenty feet (20') of the driveway entrance to any fire station, and on the side of a street opposite the entrance to any fire station within seventy five feet (75') of said entrance when properly sign-posted; or

6. At any place where traffic-control devices prohibit such stopping, standing or parking.


C. Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers:

1. Within fifty feet (50') of the nearest rail of a railroad crossing; or

2. At any place where traffic-control devices prohibit such parking. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-7: Standing Or Parking Close To Curb


A. Two-Way Streets: Except as otherwise provided in this article, every vehicle stopped or parked upon a two-way street shall be stopped or parked with the right-hand wheels of the vehicle parallel to and within eighteen inches (18") of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.


B. One-Way Streets: On one-way streets, every vehicle shall stop or park parallel to the curb or edge of the roadway in the direction of authorized traffic movement, with its right-hand wheels within eighteen inches (18") of the right-hand curb, or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within eighteen inches (18") of the left-hand curb, or as close as practicable to the left edge of the left-hand shoulder.


C. Floating Parking Spaces: For purposes of floating on-street parking spaces, the standing or parking standards set forth in subsections A and B of this section shall apply to the floating curb.


D. Exception: Vehicles standing or parking in authorized and marked accessible on-street parking spaces may park further than eighteen inches (18") from the curb to accommodate vehicle lifts and ramps so long as the vehicle is within the painted parking space lines. (Ord. 37-18, 9-25-2018)

6-10A-8: Angle Parking


On those streets which have been signed or marked for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such markings. (Ord. 57-15, 12-1-2015; amd. Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-9: Parking Not To Obstruct Flow Of Traffic


No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon a highway in such a manner or under such conditions as to leave less than twelve feet (12') of the roadway unobstructed. (Ord. 57-15, 12-1-2015; amd. Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-10: Parking In Alleys


No person shall stop, stand or park a vehicle within an alley except during the necessary, active, and expeditious loading or unloading of merchandise, supplies or materials. Such loading or unloading shall not exceed twenty (20) minutes. If the stopping, standing, or parking of a vehicle within an alley would prevent the passage of an emergency vehicle or blocks the driveway or entrance to any abutting property, the vehicle shall remain attended at all times. In addition to the issuance of a notice of parking violation, violations of this section may result in the immediate impound of a vehicle that impedes safe passage or poses a threat to public safety. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-11: Extended Parking Prohibited


No person shall park a vehicle upon any street, alley or public property for a period of seventy two (72) hours or longer unless specifically allowed by permit. (Ord. 57-15, 12-1-2015; amd. Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-12: Parking Trailers, Containers, Drop Boxes And Other Nonvehicular Items In On Street Parking Spaces


Unless specifically allowed by permit issued by the Ada County Highway District or other entity with jurisdiction, no person shall stop, stand, park or deposit a trailer, shipping container, storage container, drop box or any other nonvehicular item in an on street parking space: (Ord. 57-15, 12-1-2015; amd. Ord. 41-17, 12-19-2017, eff. 2-1-2018)


A. Longer Than Seventy Two Hours: For a period longer than seventy two (72) consecutive hours; (Ord. 41-17, 12-19-2017, eff. 2-1-2018)


B. Dangerous To Traffic: In a manner that impedes or renders dangerous the movement of vehicular or pedestrian traffic; or


C. Reflective Devices: Between sunset and sunrise without reflective devices attached on the edge or side of the nonvehicular item nearest the center of the street. The reflective device must be visible for a distance of two hundred feet (200') from either direction from the trailer, container, drop box or other nonvehicular item. (Ord. 57-15, 12-1-2015; amd. Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-13: Parking Of Overweight Commercial Vehicles In Residential Districts Prohibited


No person shall park any commercial vehicle having a gross weight capacity in excess of eight thousand (8,000) pounds, whether attended or unattended, upon the streets of any residential district within the City for a period in excess of two (2) hours, except:


A. Loading, Unloading: For the purpose of loading or unloading passengers, materials or merchandise;


B. Construction Projects: For any purpose incident to any lawful construction project located within the immediate vicinity of the parked commercial vehicle; or


C. Commercial Operations: For any purpose incident to a lawful commercial operation located in any residential district within the immediate vicinity of the parked commercial vehicle. (Ord. 57-15, 12-1-2015; amd. Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-14: Parking Within City Parks


A. Prohibitions: No person shall stop, stand or park a vehicle within a City park:

1. In any location other than the established or designated parking area;

2. In any place or manner not in compliance with authorized signs;

3. Beyond the City parks' hours of operation, except by permit in designated areas;

4. Upon the grass or turf, except wheelchairs or by permit in designated areas;

5. In any place or manner that blocks or reroutes or redirects the regular flow of vehicular, pedestrian or bicycle traffic;

6. Outside the designated stall lines or markings for a single parking space, or in a manner that utilizes more than a single parking space;

7. In any area that is posted closed to the public;

8. Beyond the posted parking time limits, except by permit in designated areas.


B. Time Limited Parking: All vehicles which stop, stand or park within a City park with posted parking time limits must be removed from the boundaries of such City park at the expiration of the posted time limit for parking, for the remainder of that calendar day. (Ord. 57-15, 12-1-2015; amd. Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-15: Requirements For Leaving A Motor Vehicle Unattended


No person having control or charge of a motor vehicle shall allow such vehicle to stop, stand, or park on any street unattended without stopping the motor of the vehicle and setting the parking brakes thereon. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-16: Accessible Parking


A. Issuance Of Plates: Issuance of accessible parking placards or license plates is governed by Idaho Code section 49-410 and administered by the Idaho Department of Transportation.


B. Accessible Parking Committee: The Boise City Accessible Parking Committee shall serve in an advisory capacity to the Parking Services Office to provide information and recommendations relating to the need for additional accessible parking spaces and the relocation, repair or modification of existing accessible parking spaces. The Boise City Accessible Parking Committee shall also accept, analyze and provide recommendations to the Parking Services Office regarding applications for additional accessible on-street parking spaces.


C. On-Street Accessible Parking Requirements:

1. The Parking Services Office, upon the advice of the Boise City Accessible Parking Committee, may establish requirements for accessible parking zones and spaces within the City pursuant to Idaho Code section 49-213(d). The Parking Services Office shall determine the minimum number and placement of accessible parking spaces for each City block controlled with parking meters.

2. All designations of accessible parking spaces and marking thereof, shall be done in conformance with the requirements of all Federal, State and local laws and the regulations and provisions of this article.

3. In addition to the accessible parking requirements set forth in Idaho Code section 49-213, the following requirements are applicable to all on-street accessible parking spaces:

a. There shall be at least one accessible parking space for every thirty (30) parking spaces Citywide which is controlled by an on-street parking meter or otherwise in conformance with the Americans with Disabilities Act.

(1) Accessible parking spaces shall be parallel with the sidewalk where parallel parking is required, or at an angle to the sidewalk where angle parking is required.

(2) In angle parking spaces, the accessible parking space shall be at least fourteen feet (14') in width or as required by the ADA, whichever is wider.

4. All accessible parking spaces shall be located on the shortest route to curb cuts and ramps for wheelchair and other mobility aid devices.

5. All accessible parking spaces shall be free from obstructions and shall be located in areas where persons exiting the vehicle shall exit onto a flat, hard surface.

6. For each designated accessible parking space, there shall be a sign posted immediately adjacent thereto, which is visible from each accessible parking space, is at least sixty inches (60") above the ground, and contains the international accessible symbol as shown in Idaho Code section 49-410(3).


D. Applications For On-Street Accessible Parking: Persons may file applications for the designation of new accessible parking spaces or for the relocation, repair or modification of existing accessible parking spaces with the Parking Services Office, which shall review such applications with the Boise City Accessible Parking Committee in such form and manner as prescribed. The Parking Services Office upon its own volition may originate applications for the designation, relocation, repair or modification of accessible parking spaces.

1. The written application for designation, relocation, repair or modification of accessible parking spaces shall include, at a minimum, the following:

a. The name, address and phone number of the applicant;

b. A clear description of the location or specific parking space for which the application is being filed;

c. An explanation detailing what action the applicant would recommend regarding the location or condition of the specific parking space in question;

d. Any other relevant information required by the Parking Services Office;

e. A statement signed and sworn by the applicant, under penalty of perjury, that all information submitted is true and correct to the best of his knowledge.

2. Upon the receipt of an application, the Boise City Accessible Parking Committee shall analyze and provide recommendations to the Parking Services Office regarding such application for final disposition and order. The Parking Services Office shall consider the Boise City Accessible Parking Committee's recommendation, and may, to the extent necessary, complete its own analysis and investigation of the application in the process of deciding whether to grant or deny the application.

3. All denied applications for the designation, relocation, repair or modification of on-street accessible parking spaces may be reviewed following the review process detailed in section 6-10B-12 of this chapter.


E. Designation Of On-Street Accessible Parking Spaces: The Parking Services Office is not obliged to accept or follow the recommendations of the Boise City Accessible Parking Committee in making a final determination of the appropriateness of all applications from persons requesting the designation, relocation, repair or modification of on-street accessible parking spaces. All granted applications shall follow the accessible parking space requirements in subsection C of this section and any other applicable Federal, State or City Code.


F. Accessible Parking Unlawful Acts: Only a permitted and authorized person with a disability, who has a valid accessible parking placard or plates, may park in an accessible parking space. The following unauthorized uses and behaviors are unlawful under this article:

1. Unauthorized use of an accessible parking space. No vehicle shall stop, stand or park in a designated accessible parking space unless either the driver or a passenger has been issued a disabled parking permit placard, temporary card or special license plates which are clearly displayed on the vehicle, except in the limited circumstance to momentarily stop to pick up or discharge a person with a disability from such vehicle.

2. Blocking access to an accessible parking space. It is unlawful for any person to park a vehicle either in a manner which prevents or reasonably could restrict a person with a disability from entering or exiting his vehicle; or in a manner that would prevent a person with a disability from being able to park a vehicle in the designated accessible parking space; or in a manner that blocks access to a curb cut or ramp.

3. Unauthorized use of an accessible parking placard or plates. It is unlawful for either a holder of an accessible parking placard or plates to allow another person to misuse such accessible parking privileges or for any person who is not authorized by the Idaho Department of Transportation to use an accessible parking placard or plates.


G. Enforcement: Law enforcement officials and their designees as authorized by the City shall enforce the accessible parking provisions and are empowered, using reasonable discretion, to check personal identification to determine if the user of an accessible parking placard or plates is authorized. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-17: City Parking Facilities


A. Authority Of Parking Services Office: The Parking Services Office is hereby authorized and directed to designate and mark the parking spaces within all City parking facilities. The Parking Services Office is also authorized to determine whether an hourly, daily, weekly, monthly or annual rate of use shall be set on City parking facility parking spaces.


B. City Parking Facility Rates: A person using a City parking facility parking space shall pay a fee for such use. The fees for use of City parking facility parking spaces shall be established by the City Council and listed on the most current City Clerk fee schedule.


C. Collection Of Fees: City parking facility parking fees shall be collected through the use of parking meters, a collection box system, by attendants, or any other method as directed by the Parking Services Office.


D. City Parking Facilities Unlawful Acts: It shall be unlawful in all City parking facilities for any person to:

1. Stop, stand or park a vehicle in a parking space without paying the requisite parking fee;

2. Stop, stand or park along any yellow painted curb or area, except momentarily to pick up or discharge passengers while the vehicle is driver occupied;

3. Stop, stand or park in any restricted or reserved parking space as posted, unless the vehicle is specifically permitted to use such parking space;

4. Stop, stand or park a vehicle beyond the designated stall lines for any parking space;

5. Stop, stand or park in an area which is not a designated parking space as shown with designated stall lines; or

6. Fail to comply with any of the terms, conditions or restrictions placed on the issuance and use of a City parking facilities parking permit pursuant to this article and article B of this chapter. (Ord. 57-15, 12-1-2015; amd. Ord. 41-17, 12-19-2017, eff. 2-1-2018)


E. Towing And Impounding Of Vehicles In City Parking Facilities: Except where specifically allowed, no person shall park a vehicle for more than seventy two (72) consecutive hours in a City parking facility. The Parking Services Office or the Boise Police Department has the right to tow and impound any vehicle found parked in a City parking facility in violation of this provision. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-18: Parking Permit Applications And Requirements


A. All parking permits regulated under this article shall be issued, maintained, and renewed by the Parking Services Office.


B. In addition to the parking permit application information set forth in subsection 6-10B-7B of this chapter, every application for a parking permit regulated by this article shall contain the specific application information and permit requirements set forth within this article.


C. A nonrefundable application fee in an amount established by the Boise City Council and listed on the most current City Clerk fee schedule shall accompany every application for a parking permit.


D. All parking permits issued under this article shall be displayed in full and unobstructed view within the vehicle. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-19: Construction Temporary Use Parking Permits Specific Requirements


A. Information Required: In addition to the parking permit application and requirements set forth in section 6-10B-7 of this chapter, all applicants for temporary use parking permits shall also provide the following information:

1. Current contact information for the construction site foreman or his designee;

2. A detailed description of the construction project, including but not necessarily limited to, the project location, type of project, and the anticipated date of completion for project; and

3. A specific list identifying all the equipment, apparatus and vehicles to be used as part of the construction project which will be parked upon or otherwise obstructing the street.


B. Authority Of Permit Holder: The holder of a temporary use permit is entitled to place dumpsters, vehicles, or other apparatus for construction-related purposes, as specified in the permit application, upon on-street parking spaces.


C. Highway District Permit: Every applicant for a temporary use permit shall obtain an Ada County Highway District issued right-of-way permit or other necessary permits prior to applying for a temporary use parking permit under this article.


D. Extension Of Temporary Use Permits: Temporary use permit holders shall be granted a thirty (30) days' grace period for projects which exceed the original expiration date of the permit, if the applicant applies for and obtains such extension and pays all additional fees listed on the most current City Clerk's fee schedule by or before the expiration date of the original permit.


E. Refunds:

1. Metered Parking Spaces: All temporary use permit fees paid for metered parking spaces are non-refundable.

2. Non-Metered Parking Spaces: Applicants for non-metered parking space temporary use permits must estimate the completion date of the project prior to receiving a permit. The fee assessed shall be for the estimated duration of the project. Upon completion of the project and relinquishment of the temporary use permit, the Parking Services Office shall refund fifty percent (50%) of the fee for any unused permit time to the applicant. No refunds are given for extension payments.


F. Use Of Parking Spaces Under A Temporary Use Permit: A temporary use permit holder may not use the permitted parking space(s) other than for the authorized purpose stated on the permit application.

1. Limitation Of Allowed Space: The Parking Services Office is authorized to limit the amount of space available to a construction project to minimize the impact of construction on the general public, non-related businesses, and others who may require access into such area. The Parking Services Office may establish an area for use by the contractor and sub-contractors of the project.

2. Temporary Removal Of Parking Signs, Meters And Markings: If within the construction area there are signs or meters that need to be temporarily removed during the project, the contractor is required to contact the Parking Services Office at least twenty four (24) hours in advance of that need. The Parking Services Office shall remove all affected signage, meters or other City parking equipment and store such items until reinstallation is required.

3. Sidewalk Replacement: In the case of sidewalk renovations, the contractor shall reinstall all sign and meter posts and re-paint any parking space markings on the street removed or damaged as a result of the contractor's project. The replacement of both the posts and the parking space markings must meet the Parking Services Office requirements and specifications. In the case of new streetscaping in which sidewalks are being installed, the contractor shall erect the posts for parking signs and meters. If the contractor fails to comply with these requirements, the City shall send a written notice to the address on the temporary use permit application for the contractor demanding compliance within ten (10) business days. The contractor must either complete the work as detailed in the City's demand letter or respond in writing to the City requesting an informal review on the matter within ten (10) business days. If the contractor neither completes the work nor requests an informal review within the ten (10) business day period from receipt of the City's demand letter, the City may have the work completed and charge the contractor for the actual costs and fees incurred for completing the work.


G. Temporary Use Permit Unlawful Acts: It shall be unlawful for any person to:

1. Place equipment, materials, dumpsters, or other apparatus in an on-street parking space without first obtaining a temporary use permit from the Parking Services Office;

2. Place equipment, materials, dumpsters, or other apparatus in an on-street parking space without first securing any staging or delivery area with use of temporary fencing or barricades, which identify such area as a part of the temporary use zone and restrict access by the public; or

3. Fail to comply with any of the terms, conditions, or restrictions placed on the issuance and use of a temporary use permit pursuant to this article and article B of this chapter. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-20: Creation Of Residential And Special Parking Districts


A. Determination: Through resident recommendation or its own volition, the Parking Services Office may determine which areas, if any, of the City should be designated as either Residential Parking District (RPD) or Special Parking District (SPD) permit parking zones.


B. Public Hearing: The Parking Services Office shall conduct a public hearing concerning any proposed designation of an RPD or SPD. The public hearing shall be held only after notice thereof has been published in a newspaper of general circulation throughout the City and written notification has been distributed to all properties in the affected area at least ten (10) days prior to the date set for the hearing.


C. Recommendation To City Council: After hearing and considering public input, the Parking Services Office may submit a written recommendation to the Boise City Council specifying the proposed area for RPD or SPD designation and the reasons for such designation.


D. Ratification Of City Council: Upon ratification of the recommendation, the Boise City Council shall direct the Parking Services Office to erect signs indicating that the designated area is an RPD or SPD permit zone and the time limits for parking.


E. Determinations: The Parking Services Office shall determine for all RPD and SPD permit zones:

1. The days of the week that the zone shall be in effect, and the hours of enforcement for the zone;

2. The design and proper posting requirement for all RPD and SPD permit zone signs;

3. The specific requirements for the parking permits used within RPD and SPD permit zones; and

4. The specific locations, if any, within an RPD or SPD permit zone in which parking must be further restricted to maintain public safety or previous commitments, such as, but not limited to, loading zones or no parking zones.


F. Review: Applicants for the creation of an RPD or an SPD who are denied by the Parking Services Office, may request an informal review of the denial following the review procedure set forth in section 6-10B-12 of this chapter. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-21: Residential And Special Parking District Permits; Specific Requirements


A. Residency: In addition to the minimum parking permit application and requirements set forth in section 6-10B-7 of this chapter, all applicants for RPD or SPD parking permits shall also provide written proof of the applicant's residency within the applicable RPD or SPD zone, which may include documented proof that the applicant's vehicle is registered to a residence within the RPD or SPD zone.


B. Bona Fide Visitor Permits: The Parking Services Office is hereby authorized and directed to create provisions for the issuance of temporary parking permits for bona fide visitors of residents within an RPD or SPD.


C. Authority To Regulate: In order to maintain the integrity of the neighborhoods and properly manage RPD and SPD zones, the Parking Services Office may:

1. Limit the number of RPD or SPD parking permits issued per household;

2. Limit the number of temporary visitor parking permits issued per household;

3. Limit the total number of parking permits issued within an entire RPD or SPD zone;

4. Charge a fee for RPD, SPD or visitor parking permits before their issuance; and (Ord. 57-15, 12-1-2015; amd. Ord. 41-17, 12-19-2017, eff. 2-1-2018)

5. Require RPD, SPD or visitor permits to contain information which the Parking Services Office deems necessary. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)


D. Nonrefundable Fees: Any RPD, SPD or visitor's parking permit fees that are established by the City Council and listed on the most current City Clerk fee schedule shall accompany the application and are nonrefundable.


E. Display; Nontransferable: All issued RPD, SPD or visitor parking permits shall be displayed as directed by the Parking Services Office and clearly visible at all times when parking pursuant to an RPD, SPD or visitor's parking permit. All RPD and SPD parking permits are specifically assigned to the vehicle listed on the permit application and are nontransferable, except by express written permission of the Parking Services Office.


F. Term; Renewal: All RPD and SPD parking permits shall be issued for a one year period and shall automatically expire at the end of such period. RPD and SPD parking permit holders must follow the permit renewal process as developed and implemented by the Parking Services Office.


G. Holders Exempt: Holders of valid accessible parking placards or plates are exempt from RPD and SPD parking permit requirements. (Ord. 57-15, 12-1-2015; amd. Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-22: Use Of Residential And Special Parking District Permits


A. Zones Created: The designation of an RPD or SPD shall allow the Parking Services Office to create zones for use by special groups with permits and shall limit the length of time that vehicles without such permits shall be allowed to park within such RPD or SPD.


B. Parking Authorized With Permit: Any authorized vehicle with a valid and properly displayed RPD, SPD or visitor's permit for such RPD or SPD is entitled to park within the RPD or SPD to which the permit applies, without regard to the posted parking time limitations.


C. Applicability Of Permit: A parking permit for an RPD or SPD is specific to the RPD or SPD for which it is issued. An RPD, SPD or visitor's parking permit shall not authorize the holder thereof to park beyond the posted time limits in any RPD or SPD other than that to which the permit applies.


D. Surrender Upon Suspension Or Revocation: Upon written notification suspending or revoking an RPD, SPD or visitor's permit, the permittee shall immediately surrender the permit to the Parking Services Office.


E. Specific Limitations Of Parking Within A Residential Or Special Parking District: In addition to the qualifications, requirements and other standards set forth in this article which apply to both RPDs and SPDs, the following limitations and restrictions are specific to each type of district:

1. Residential Parking District Specific Use Limitations: Every vehicle parked within an RPD which properly displays a current RPD permit or visitor's permit must be parked within two (2) blocks of the residence listed on the permit application. The RPD permit code on the vehicle must correspond with the decal code displayed on the posted RPD signs. All vehicles without a valid RPD permit or visitor's permit which stop, stand or park within an RPD must be removed from that block face at the expiration of the posted time limit for parking for the remainder of that calendar day.

2. Special Parking District Specific Use Limitations: Businesses within an SPD shall be limited to the set number of SPD parking permits available. All vehicles without a valid SPD permit or visitor's permit which stop, stand or park within an SPD must be removed from the boundaries of the SPD at the expiration of the posted time limit for parking, for the remainder of that calendar day. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-23: Residential And Special Parking District Unlawful Acts


It shall be unlawful for any person to:


A. Park a vehicle without a properly displayed and valid RPD, SPD or visitor's permit past the expiration of the posted time limits for that RPD or SPD zone;


B. Fail to remove a nonpermitted vehicle from the same block face in an RPD zone at the expiration of the posted parking time limits for the remainder of that calendar day;


C. Fail to remove a nonpermitted vehicle from the boundaries of an SPD zone at the expiration of the posted parking time limits for the remainder of that calendar day; (Ord. 57-15, 12-1-2015; amd. Ord. 41-17, 12-19-2017, eff. 2-1-2018)


D. Fail to park within two (2) blocks of the residence listed on the permit application of the vehicle displaying an RPD zone permit or visitor's permit; (Ord. 41-17, 12-19-2017, eff. 2-1-2018)


E. Park a vehicle with an RPD, SPD or visitor's permit past the posted parking time limits in any other RPD or SPD zone to which the vehicle's permit does not apply; or


F. Fail to comply with any of the terms, conditions or restrictions placed on the issuance and use of an RPD, SPD or visitor's permit pursuant to this article and article B of this chapter. (Ord. 57-15, 12-1-2015; amd. Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-24: Parkboi E-permit Application, Requirements And Sunset Date


A. A ParkBOI E-permit is an on-street parking program that converts one hour time-limited parking areas to all day parking in the downtown corridor, the boundaries of which are kept on file in the City Clerk's Office and available during business hours for viewing by the public. All ParkBOI E-permits shall be issued, maintained, and renewed by the City Clerk's Office.


B. Parking spaces available under the ParkBOI E-Permit Program are limited and not guaranteed. The ParkBOI E-permit additionally entitles permittees to use the Elder Street lot and shuttle to City Center Plaza, located at 777 W. Main Street, Boise, for no additional cost.


C. ParkBOI E-Permit Program shall be awarded through a periodic application lottery system, administered by the City Clerk's Office. In addition to the parking permit application information set forth in subsection 6-10B-7B of this chapter, every application for a ParkBOI E-permit shall contain proof that the applicant works within the boundaries of the downtown corridor.


D. A nonrefundable application fee shall accompany every application for a ParkBOI E-permit. Permittees are thereafter charged a monthly fee. The application and monthly fees are in an amount established by the Boise City Council and listed on the most current City Clerk fee schedule.


E. The ParkBOI E-permit number shall be the vehicle license plate number provided in the permit application and shall be non-transferable to any other vehicle. Only motor vehicles with ParkBOI E-permits may park in a one hour time limit parking area for a longer period under this program.


F. The ParkBOI E-Permit Program and all parking permits issued thereunder shall expire on February 1, 2019. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-25: Denial, Suspension Or Revocation Of Parking Permits


Failure to comply with the standards, requirements and qualifications established by the Parking Services Office shall be the basis for the denial, suspension, or revocation of any parking permit regulated under this article. The denial, suspension or revocation of any parking permit under this article and any review thereof, is governed by section 6-10B-12 of this chapter. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-26: Notice Of Parking Violations And Procedures


A. Upon observing any vehicle stopped, standing or parked in violation to the provision of this article, the provisions of article B of this chapter, or of the provisions specified in section 6-8-4 of this title, the Parking Services Office or the Boise Police Department is authorized to serve a notice of parking violation (which is also referred to in this article as a "parking citation"), by any one or more of the following means:

1. By securing a notice of parking violation to the vehicle;

2. By personally serving the operator or owner of the vehicle with a notice of parking violation;

3. By personally serving a passenger of the vehicle with a notice of parking violation in the presence of the owner or operator of the vehicle; or

4. By mailing, via United States Postal Service first class mail, a notice of parking violation to the vehicle's owner at the address maintained in motor vehicle registration records.


B. Every notice of parking violation shall include the following, if applicable to the observed violation:

1. The date and time at which the violation was observed;

2. The location where the violation occurred, including if relevant, the parking meter number;

3. The license plate number and make of the vehicle observed to be in violation;

4. The Code section violated and a brief description of the violation;

5. The fine amount;

6. Instructions explaining how the registered owner or operator of the vehicle in violation may pay the fine associated with the violation; and

7. A statement describing the process by which the operator or registered owner of the vehicle in violation may contest the violation indicated on the notice of parking violation.


C. A separate notice of parking violation may be served for each violation, including cumulative violations for each time period exceeded.


D. One copy or an automated record of each notice of parking violation shall be filed with the Parking Services Office.


E. Each person served with a notice of parking violation shall, within ten (10) business days from the date on the notice of parking violation, or if notice is served by mail, within ten (10) business days from the date of posting to the address of the vehicle's registered owner:

1. Pay the corresponding parking fine amount on the City Clerk fee schedule;

2. Pay the corresponding parking fine amount, plus any applicable fees, using an on-line payment system authorized by the Parking Services Office; or

3. Submit to the Parking Services Office a request for reconsideration of the violation indicated on the notice of parking violation; or

4. Notify the City Clerk's Office of the intention to contest the parking violation citation in the Fourth District Magistrate Court.


F. A request for reconsideration is an informal process where a person who received a notice of parking violation may submit a written challenge to the validity of a parking violation and ask for reconsideration of the citation by the Director. The Director shall issue a decision within ten (10) business days of the receipt of the request for reconsideration and the decision shall become effective immediately. The registered owner or operator may contest the citation in the Fourth District Magistrate Court following the procedures set forth in this article regardless of a request for reconsideration.


G. Failure of an operator or owner to either pay the parking fine or to request reconsideration of the parking violation within ten (10) business days from the date on the notice of parking violation, or if notice is served by mail, within ten (10) business days from the date of posting notice to the address of the vehicle's registered owner, shall result in an additional administrative fee in an amount as established by the City Council and listed on the most current City Clerk fee schedule.


H. From the date of notice of parking violation, all unpaid violations shall have an additional administrative fee in an amount as established by the City Council and listed on the most current City Clerk fee schedule assessed every six (6) months to defray the on-going administrative and personnel costs and mailing expenses arising from the overdue fines. Vehicles that accrue unpaid parking violation fines on one or more citations and administrative fees may be subject to additional penalties set forth under article C of this chapter. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-27: Penalty


A. Infraction: Any registered owner or operator of a vehicle who violates any provision of this article shall be deemed guilty of an infraction, and upon conviction shall be punishable by civil infraction penalty as established by the Boise City Council and listed on the most current City Clerk fee schedule. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)


B. Temporary Use Permit Violations: In the case of temporary use permit violations, the operator or registered owner of a vehicle or other apparatus, equipment or nonvehicular items parked in violation of this provision shall be guilty of an infraction, which shall be assessed per violation, per parking space, per day. Second or subsequent offenses within a calendar year shall be assessed at an enhanced fee rate. The penalty for the infraction and any enhanced penalty fee rates shall be established by the City Council and listed on the most current City Clerk fee schedule. (Ord. 57-15, 12-1-2015; amd. Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10A-28: Procedures To Contest Parking Violations; Parking Citation Delinquency And Collection


A. Time Limit For Required Action: In order to contest a parking citation in the Fourth District Magistrate Court, a registered owner or operator must within thirty (30) days of receipt of the parking citation:

1. Provide written notice to the Parking Services Office of his intent to contest a parking citation; and

2. Accept service of complaint and summons in person at the Parking Services Office.

Failure to strictly comply with these requirements prohibits the registered owner or operator from contesting his parking citation in court.


B. Separate Offense: Each calendar day on which a violation to any provision of this article occurs or continues shall constitute a separate offense, unless otherwise specified herein.


C. Delinquent Parking Citations: A parking citation shall be deemed delinquent if:

1. The registered owner or operator fails to either pay or contest a parking citation in court within thirty (30) days from the date of its original date of issuance;

2. The registered owner fails to either pay or contest a parking citation within thirty (30) days from the date of posting notice of the citation by U.S. first class mail to the address of the vehicle's registered owner; or

3. The registered owner or operator fails to accept service of the summons within thirty (30) days of his written notice to contest the parking citation in court.

The City may utilize all available collection methods to recoup fines and fees owed on all delinquent parking citations. Nothing herein alters the assessment of fees associated with failure to pay the parking citation within the time frames dictated within this article. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

ARTICLE B - Parking Meters And Related Regulations

6-10B-1: Legal Authority


Idaho Code sections 50-302, 50-314 and 49-208 authorize the City to regulate, limit and control traffic and parking within its boundaries. Additionally, Idaho Code section 40-1415(8) specifically grants the City the authority to place, care for and remove parking meters within its boundaries, to regulate the use of such parking meters, to enforce such regulations, and to keep all revenues received therefrom. (Ord. 56-15, 12-1-2015)

6-10B-2: Purpose


The purpose of the regulations and standards established within this article is to ensure adequate on-street parking is provided and maintained throughout the City. Parking meters, demand-based parking fees and the use of special parking permits are intended to relieve congestion, provide adequate turnover of on-street parking spaces and reduce meter re-plugging, provide for the safe and orderly movement of traffic throughout the City, promote business and industry through adequate customer parking, allow for the use of special parking permits for business purposes, and protect the City and surrounding areas from air pollution by encouraging the use of zero emission vehicles. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10B-3: Scope


This article sets forth policies, standards, requirements and procedures applicable to parking meters, as well as the issuance, regulation, enforcement, renewal, suspension and revocation of parking permits which exempt holders from parking meter fees. (Ord. 56-15, 12-1-2015)

6-10B-4: Definitions


For the purposes of this article, the following terms, phrases, words, and derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this article, but not defined herein, shall have their plain, ordinary, and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.

ACCESSIBLE PARKING SPACE: A parking space which is specifically marked and signed as reserved for a person with a disability who has and displays an accessible parking placard or plates issued by the Idaho Department of Transportation pursuant to Idaho Code section 49-410.

ALLEY: A public way of limited use intended only to provide access to the rear or side of lots or buildings.

CITY: The City of Boise City, Idaho.

CITY CLERK'S OFFICE: The Office of the City Clerk of the City or its designee.

DELIVERY VEHICLE: A vehicle which is used by a bona fide business for the distribution of goods or merchandise and which displays advertising or lettering at least two inches (2") in height identifying such business on the exterior of the vehicle.

DEMAND-BASED PARKING: Days, hours, and parking meter fees that are variable and set by the Director considering the location, day of the week, time of day, maximum parking time allowed, and the capacities of available parking meters, in order to maximize target utilization.

DIRECTOR: The Director of the Department of Finance and Administration or his designee, who must be an employee of the City.

HIGHWAY: The entire width between the boundary lines of every public way for vehicular travel use, with jurisdiction extending to the adjacent property line, including sidewalks, shoulders, berms and rights-of-way not intended for motorized traffic. The term "street" is interchangeable with the term "highway".

METER HOOD: A device issued pursuant to this article for use in conjunction with a meter use permit to cover a parking meter while the parking meter space is being utilized.

OPERATOR: A person who drives, operates or is in actual physical control of a vehicle.

PARK OR PARKING: The stopping or standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.

PARKING METER: Any mechanical, electro-mechanical, electronic, digital or telephonic device or system which is either indicated by signage or physically installed on or in the curb, sidewalk, or public right-of-way that regulates parking in a designated parking meter space.

PARKING METER SPACE: The area on or adjacent to the roadway in which to stop, stand, or park a vehicle that is controlled by a parking meter device or system or designated by lines or other markings.

PARKING SERVICES OFFICE: The Boise City Parking Services Office, or its designee.

PARKING SESSION: The period of time purchased for parking in a parking meter space.

PARKING SPACE: The area on or adjacent to the roadway in which to stop, stand, or park a vehicle that is designated by lines or other markings.

PERMIT: A privilege that allows its holder to access certain parking spaces and locations, which form includes, but is not limited to, a printed pass, a sticker, an RFID chip, or an electronic privilege associated with a specific vehicle license plate.

PERSON: Any individual, partnership, association, corporation, or organization of any kind, or any governmental entity, including the State of Idaho and every political subdivision thereof.

PURCHASED TIME: The amount of parking session time paid for by using a parking meter, during which time a vehicle may be lawfully parked in the designated parking meter space including the initial twenty (20) minutes of parking time available at no charge.

RE-FEED OR RE-PLUG A PARKING METER: Depositing additional payment in a parking meter for the purpose of parking longer than the maximum allowable time of continuous parking by a single vehicle.

ROADWAY: That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of sidewalks, shoulders, berms and rights-of-way.

STOPPING OR STANDING: The complete cessation of movement of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of law enforcement, authorized personnel representing an entity with jurisdiction, or an official traffic control device.

STREET: See definition of highway. "Street" and "highway" are interchangeable terms.

TARGET UTILIZATION: The percentage of parking meter space usage and turnover during hours of operation for the most effective on-street parking management.

VEHICLE: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

ZERO EMISSION VEHICLE: A vehicle that does not directly produce any atmospheric emission or pollution. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10B-5: Parking Meter Fees, Setting Rates And Payment Forms


A. Free Twenty Minute Parking: The initial twenty (20) minutes of a parking session for any single vehicle shall be free of charge by using the "20 minutes free" button or function on the parking meter.


B. Hourly Rates:

1. The City Council shall establish the maximum and minimum hourly fees for parking meters in the City and such fees shall be listed on the most current City Clerk fee schedule.

2. To achieve maximum target utilization, all parking meter fees may be adjusted by the Parking Services Office within the set maximum and minimum hourly fees as established by the City Council. (Ord. 56-15, 12-1-2015)

3. All parking meters shall accept only proper forms of payment which shall include, but not be limited to, legal United States coins, credit cards, or debit cards. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10B-6: Days And Hours Of Parking Meter Operation And Enforcement


A. Each parking meter shall be posted with the days and hours of operation and enforcement.


B. Except on the holidays set forth below, the City Council authorizes the Director to set and adjust the days and hours for parking meter enforcement in the City by resolution approved by City Council.


C. Use of parking meter spaces on the following holidays shall be free of charge:

New Year's Day (January 1)

Martin Luther King, Jr. Day (third Monday of January)

Washington's Birthday/Presidents' Day (third Monday of February)

Memorial Day (last Monday in May)

Independence Day (July 4)

Labor Day (first Monday in September)

Veterans Day (November 11)

Thanksgiving Day (fourth Thursday in November)

Christmas Day (December 25) (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10B-7: Parking Permit Applications And Requirements


A. Scope Of Office Authority: All parking permits and meter hoods regulated by this article and article A of this chapter, shall be issued, maintained and renewed by the Parking Services Office.


B. Application: All parking permit and meter hood applications may be obtained from the Parking Services Office and shall include, at minimum the following information:

1. The name, address and other current contact information for the applicant;

2. The make, model and year of the vehicle for which the permit is sought; and

3. A statement signed and sworn by the applicant, under penalty of perjury, that all information submitted is complete, true and accurate to the best of his knowledge.


C. Additional Information: Additional application information may be required for particular parking permits as set forth in this article or article A of this chapter.


D. Nonrefundable Fee: A nonrefundable application fee in an amount established by the City Council and listed on the most current City Clerk fee schedule shall accompany every application for a parking permit or meter hood.


E. Display: All parking permits issued under this article or article A of this chapter, shall be clearly displayed in full and unobstructed view as directed by the Parking Services Office. (Ord. 56-15, 12-1-2015)

6-10B-8: Zero Emission Vehicle Permit; Specific Requirements


A. Vehicle Inspection: In addition to the general parking permit application and requirements set forth in section 6-10B-7 of this article, all applicants for a zero emission vehicle permit shall submit the vehicle to inspection by the Parking Services Office, prior to the issuance of such permit.


B. Vehicle Specific; Nontransferable: Zero emission vehicle permits are vehicle specific and nontransferable.


C. Entitlement Of Permit Holder: The holder of a zero emission vehicle permit is entitled to park without paying for purchased time at a parking meter space. (Ord. 56-15, 12-1-2015)

6-10B-9: Delivery Permits, Meter Use Permits And Meter Hoods; Specific Regulations And Application Requirements


A. Additional Application Requirements: In addition to the general parking permit application and requirements set forth in section 6-10B-7 of this article, all applicants for a delivery permit, meter use permit and meter hood shall provide a detailed description of the purpose or use for which the delivery or meter use permit is sought; and submit the vehicle, for which the permit is being sought, to inspection by the Parking Services Office to ensure that the vehicle's appearance and proposed use, purpose or operation complies with the standards established by the Parking Services Office.


B. When Parking Permitted: The holder of a delivery permit, meter use permit or meter hood is entitled to park without paying for purchased time at a parking meter space, but only while the vehicle is actually being used for the purpose for which such permit or meter hood is issued.


C. Delivery Permits; Specific Regulations:

1. All applicants for a delivery permit shall submit a separate application to the Parking Services Office for each delivery vehicle.

2. A delivery permit authorizes the permitted vehicle to park in a parking meter space for up to one hour while the vehicle's operator is present and actively engaged in loading or unloading goods or merchandise.

3. A delivery permit shall not be used to park in a parking meter space within two (2) City blocks of the residence or place of business of the person who applied for and was issued the permit.

4. A delivery permit shall not be used at parking meter spaces where the maximum allowable time of continuous parking by a single vehicle is less than one hour.


D. Meter Use Permits; Specific Regulations:

1. A meter use permit may be issued for any one of the following time frames:

a. One year;

b. One calendar month;

c. One week;

d. One day.

2. A single application for a meter use permit can identify up to five (5) vehicles that may park pursuant to the meter use permit, once it is issued.

3. Only vehicles identified within the application for a meter use permit are authorized to park using such permit.

4. Meter use permits shall not be used at parking meter spaces where the maximum allowable time of continuous parking by a single vehicle is less than one hour.


E. Meter Hood; Specific Requirements:

1. Upon application for a daily, weekly or monthly meter use permit, the applicant may also request a meter hood for a parking meter.

2. When in use, a meter hood shall be locked onto the parking meter, thereby entitling the applicant to park one of the vehicles identified on the meter use permit application in the parking meter space assigned to the parking meter on which the meter hood is locked.

3. A vehicle parked in a hooded parking meter space must also display a valid meter use permit that is clearly visible from outside the vehicle. (Ord. 56-15, 12-1-2015)

6-10B-10: Unlawful Acts


A. It shall be unlawful for any person to:

1. Park in a parking meter space without using the associated parking meter to pay for purchased time.

2. Park in a parking meter space for longer than the purchased time, or fail to vacate a parking meter space at or before expiration of the purchased time.

3. Continue to park in a parking meter space longer than the maximum allowable time of continuous parking by a single vehicle after having already been cited for an "expired parking meter" violation.

4. Re-feed (or "re-plug") a parking meter.

5. Park a vehicle in a parking meter space with any portion of the vehicle extending across the painted lines or markings designating the boundary of a single parking meter space.

6. Park more than one vehicle in a single parking meter space.

7. Park in a parking meter space that is officially marked as restricted or reserved under the Parking Services Office's authority or that is blocked by an official traffic control device or sign, or that is covered by a meter hood unless specifically permitted to do so.

8. Park in a parking meter space contrary to the lawful use of a permit.

9. Use, or allow to be used, a zero emission vehicle permit to park a vehicle other than the vehicle for which the permit was issued in a parking meter space without paying for purchased time.

10. Use, or allow to be used, any delivery permit, meter use permit or meter hood to park a vehicle which is not identified on the application for the issued permit without paying for purchased time.

11. Fail to comply with the terms, conditions, or restrictions placed on the issuance and use of a delivery permit, meter use permit, or meter hood issued pursuant to this article. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10B-11: Notice Of Parking Violation, Procedures And Penalties


A. Procedure: The notice of and procedure for handling parking violations under this article is set forth in section 6-10A-26 et seq., of this chapter. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)


B. Fines: The fines for parking violations set forth in this article are established by the City Council and listed on the most current City Clerk parking fees schedule.


C. Responsibility: If any vehicle is observed stopped, standing or parked in violation of any provision of this article and the identity of the operator cannot be determined, the vehicle's owner, or the person in whose name the vehicle is registered, or the person who is the named lessee in a lease or rental agreement, is responsible for all violations involving such vehicle. (Ord. 56-15, 12-1-2015)

6-10B-12: Denial, Suspension Or Revocation Of Permits


A. Grounds: A permittee or an operator using a parking permit or meter hood issued pursuant to this article or article A of this chapter, may be subject to denial, suspension or revocation of the permit or meter hood for any of the following reasons:

1. A permittee or operator, while operating a vehicle with a parking permit or meter hood, violates one or more parking provisions;

2. The permittee obtained his permit by fraud or misrepresentation;

3. The eligibility criteria for the permit are no longer met;

4. The permit is being or has been exercised contrary to its terms or conditions by the permittee or an operator;

5. The permittee or applicant fails to pay any applicable fee imposed pursuant to this article or the pertinent permit chapter; or

6. The permittee is operating under such permit in such a manner as to be detrimental to the public health, safety and welfare. (Ord. 56-15, 12-1-2015)


B. Accessible Parking Space; Residential, Special Parking District: Accessible parking space, and residential and special parking district designation applications, as set forth in sections 6-10A-16 and 6-10A-20 of this chapter shall also be governed by the review process set forth in section 6-10B-17 et seq., of this article. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10B-13: Notice Of Denial, Revocation Or Suspension


A. Notice: If an applicant for a parking permit governed by this article or article A of this chapter, is denied or such permit is suspended or revoked, a letter will be sent by registered or certified mail to the applicant or permittee's address on file with the Parking Services Office. (Ord. 56-15, 12-1-2015)


B. Content: Every notice of denial, suspension or revocation shall include a statement or description explaining: (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

1. The proposed decision or action, and if for suspension or revocation, the effective date of the proposed decision or action, which date shall not be less than ten (10) business days after the date of the notice; and for suspension, the time period for the suspension, which shall be no longer than six (6) months;

2. The reasons why the application is denied or the permit is suspended or revoked;

3. The applicant or permittee has the opportunity to request an informal review, an administrative review hearing by the Director, and a review hearing by a Hearing Officer to contest the proposed decision or action; and

4. If the applicant or permittee fails to request an informal review within ten (10) business days of the date of the notice, the permittee or applicant waives his opportunity to contest the proposed decision or action, and the action shall become final on the notice's effective date. (Ord. 56-15, 12-1-2015)

6-10B-14: Stay Of Suspension Or Revocation


A. Effective Date: Absent an emergency as set forth in section 6-10B-15 of this article, the effective date of a proposed suspension or revocation shall be not less than ten (10) business days after the date of the notice, unless otherwise mutually agreed to between the Parking Services Office and the permittee. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)


B. Decision Effective Immediately: The decision of the Parking Services Office to deny or not renew a permit shall result in no stay and the decision shall become effective immediately. (Ord. 56-15, 12-1-2015)

6-10B-15: Emergency Suspension Or Revocation


A. Permitted: Notwithstanding any other provision of this article, when, in the opinion of the Parking Services Office, there is a clear and immediate threat to the health, safety or welfare of the public, there shall be no stay of the suspension or revocation. The Parking Services Office shall prepare a written notice of suspension or revocation that includes a statement of the decision or action, an explanation of the reasons for the decision or action, the Code section relied upon for the decision or action and an explanation of the permittee's rights to request an administrative review hearing from the Director and a review hearing by a Hearing Officer.


B. Request For Review: The permittee shall have the right to request an administrative review hearing within ten (10) days of the emergency suspension or revocation. (Ord. 56-15, 12-1-2015)

6-10B-16: Waiting Period Before Becoming Eligible To Reapply After Revocation


A permittee whose permit was revoked may not reapply for a new permit until one year has elapsed from the date of notice of the revocation, the informal review, the written decision in an administrative review or the written decision following a hearing before a Hearing Officer, whichever is latest; such waiting period shall also apply to any applicant who is a partnership, association or corporation that includes a previously revoked permittee who is holding a ten percent (10%) or more interest in the partnership, association or corporation. A permittee's failure to accept, acknowledge, or receive notice shall not invalidate the waiting period. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)

6-10B-17: Request For Informal Review By Parking Services Office


A. Time Limit For Request: Upon receipt of a notice of denial, suspension, or revocation, an applicant or permittee may request an informal review by the Parking Services Office within ten (10) business days after the date the decision is mailed or otherwise delivered to the applicant or permittee. (Ord. 41-17, 12-19-2017, eff. 2-1-2018)


B. Information Required: A request for an informal review shall contain the following information:

1. The name of applicant or permittee;

2. If an existing permit, the City applicant or permit number; and

3. The reasons for which the review is requested set forth with specificity. (Ord. 56-15, 12-1-2015)

6-10B-18: Informal Review


A. Review Requirements: If the Parking Services Office receives a request for an informal review, the Parking Services Office shall:

1. Review the decision or action and any information submitted by a permittee or an applicant; and

2. Communicate with the permittee or applicant if additional documentation or clarification is required.


B. Requests Beyond Time Limit: The Parking Services Office shall not consider any request for informal review that is not received within ten (10) business days of the date of the notice of denial, suspension or revocation.


C. Permittee Failure To Respond: If the permittee fails to respond to communication requests, the decision or action shall become effective at twelve o'clock (12:00) midnight on the effective date of the notice.


D. Burden Of Proof: The applicant or permittee has the burden of proof and must establish that the decision or action of the Parking Services Office was arbitrary or capricious.


E. Informal Review: The review shall be conducted informally. The Parking Services Office shall review the decision or action and the reasons therefor with the applicant or permittee. The applicant or permittee, in person or through his attorney, may present any evidence showing reason why the decision or action was arbitrary or capricious.


F. Decision Time Limit: The Parking Services Office's decision with respect to a request for informal review will be issued within seven (7) business days of the receipt of the informal review request or upon receipt of additional documentation or clarification as requested.


G. Prohibited Review Official: The informal review shall not be conducted by the individual in the Parking Services Office who issued the notice of denial, suspension or revocation. (Ord. 56-15, 12-1-2015)

6-10B-19: Request For Administrative Review By The Director


A. Permitted: If the applicant or permittee fails to obtain the relief requested in the informal review, the applicant or permittee may request an administrative review hearing by the Director.


B. Time Limit For Request: A request for an administrative review must occur within seven (7) business days of the mailing or hand delivery of the final decision of the informal review to the applicant or permittee.


C. Information Required: A request for an administrative review shall contain the following information:

1. The name of applicant or permittee;

2. If an existing permittee, the City applicant or permit number;

3. The reasons for which the review is requested set forth with specificity;

4. The applicant's or permittee's intent to be represented by legal counsel;

5. The remedy requested; and

6. The applicant's or permittee's availability for a hearing within the next seven (7) to fifteen (15) business days. (Ord. 56-15, 12-1-2015)

6-10B-20: Administrative Review Hearing By Director


A. Review Requirements: If the Director receives a request for an administrative review hearing, the Director shall:

1. Schedule a date for the hearing not more than fifteen (15) business days and not less than seven (7) business days after the Director receives the request;

2. Notify the permittee or applicant of the date, time and location of the hearing; and

3. State in the notice that the applicant or permittee must appear at and participate in the hearing in order to contest the denial, nonrenewal or the proposed suspension or revocation.


B. Requests Beyond Time Limit: The Director shall not consider any request for review that is not received within seven (7) business days of the date of the mailing or hand delivery of final resolution of the informal review.


C. Permittee Failure To Appear: If the permittee fails to appear at the hearing, the decision or action shall become effective at twelve o'clock (12:00) midnight the day following the hearing.


D. Burden Of Proof: The applicant or permittee has the burden of proof and must establish that the decision or action of the Parking Services Office was arbitrary or capricious.


E. Informal Hearings: The hearings shall be conducted informally. The Director or his designee shall review the decision or action and the reasons therefor with the applicant or permittee. The applicant or permittee, in person or through his attorney, may present any evidence showing reason why the decision or action was arbitrary or capricious. The Director shall cause an audio or video recording to be made of the hearing.


F. Default Decision: If an applicant or permittee fails to appear at the administrative review hearing, the Director shall enter a proposed decision of default upholding the denial, suspension or revocation. The proposed decision of default may be rescinded if, within seven (7) business days of the date of mailing, the applicant or permittee submits a written explanation for not appearing, which the Director finds substantial and reasonable.


G. Decision; Time Limit: The Director's written decision will be issued within seven (7) business days of the hearing. The Director's decision will include the reasons for his decision.


H. Effective Date Of Decision: The Director's decision shall become effective ten (10) business days after the date the decision is mailed or hand delivered to the applicant or permittee. (Ord. 56-15, 12-1-2015)

6-10B-21: Review Of Director's Decision


A. Time Limit For Request: A permittee or applicant may request a review of the Director's decision by a Hearing Officer within ten (10) business days of the effective date of the Director's decision. (Ord. 56-15, 12-1-2015)


B. Information Required; Fee: A request for review of the Director's decision must be filed in writing and must include that information set forth in subsection 6-10B-17B of this article. In addition, the request for review must be accompanied by a copy of the decision or action that is the subject of the review, and identify all legal and factual basis of disagreement with the Director's decision. Requests for review must also include the applicant's or permittee's intent to be represented by legal counsel and include payment in accordance with the current fee schedule. (Ord. 56-15, 12-1-2015; amd. 2019 Code)


C. Burden Of Proof: The applicant or permittee has the burden of proof and must establish that the decision or action of the Parking Services Office was arbitrary or capricious.


D. Default Decision For Failure To Appear: If an applicant or permittee fails to appear at the review hearing, the Hearing Officer shall enter a proposed decision of default. The proposed decision of default may be rescinded if, within seven (7) business days of the date of mailing, the applicant or permittee submits a written explanation for not appearing, which the Hearing Officer finds substantial and reasonable. (Ord. 56-15, 12-1-2015)

6-10B-22: Authority Of Hearing Officer


A. Limitation Of Authority: The Hearing Officer will consider only information that was available to the Director at the time the decision was made. If a party shows with good cause that there is additional relevant information that was not presented to the Director, the Hearing Officer will remand the request for administrative review to the Director for reconsideration. No Hearing Officer has the jurisdiction to invalidate any Federal or State Statute, ordinance, rule or regulation, or court order. The Hearing Officer must defer to the Director's interpretation of statutes, ordinances, rules, regulations or policy unless the Hearing Officer finds the Director's interpretation to be contrary to the plain meaning of the statute or ordinance or an abuse of discretion.


B. Regulation Of Proceedings: The Hearing Officer shall have and exercise the power to regulate the proceedings and to do all acts and to take all measures necessary or proper for the efficient performance of the Hearing Officer's duties under this article. The Hearing Officer shall have all powers of the City for the hearing of these matters, may issue subpoenas in the name of the City, may rule upon the admissibility of evidence, may put witnesses under oath and may examine them and may call the parties to the action and examine them upon oath. (Ord. 56-15, 12-1-2015)

6-10B-23: Written Report


A. Required: The Hearing Officer shall make findings of fact and conclusions of law as appropriate and issue a written report. The order must either affirm the Director's action or reverse and remand the Director's action for further proceedings. The Hearing Officer does not have authority to modify the Director's action. The Hearing Officer shall file the report with the Director, along with the recording of the proceedings, transcripts, if any, minutes, evidence and original exhibits offered or received at the hearing. The Hearing Officer shall transmit a copy of the report to all persons entitled to notice. The Hearing Officer shall cause an audio or video recording to be made of the hearing.


B. Issuance; Effective Date: The Hearing Officer's report will be issued within fifteen (15) business days of the hearing, and shall become effective three (3) business days after the date the decision is mailed or hand delivered to the applicant or permittee. Failure of the Hearing Officer to issue a report within fifteen (15) business days shall not invalidate any suspension or revocation. (Ord. 56-15, 12-1-2015)

6-10B-24: Responsibilities Of Permittees


A. Applicability To Employees, Agents: Every permittee is responsible for ensuring that his respective employees, agents and affiliates are familiar with the applicable policies, standards, laws and ordinances applicable to the permit issued to him by the City.


B. Surrender: All permits and meter hoods issued pursuant to this article or article A of this chapter, shall remain the property of the City, and shall be surrendered to the Parking Services Office within seventy two (72) hours of the expiration thereof. Permits and meter hoods which are suspended or revoked shall be surrendered to the Parking Services Office within seventy two (72) hours of the final disposition of such suspension or revocation. When permits are suspended or revoked immediately without stay under section 6-10B-15 of this article, the permit or meter hood shall be surrendered immediately upon demand of the Parking Services Office. (Ord. 56-15, 12-1-2015)

ARTICLE C - Parking Services Authorized Towing

6-10C-1: Towing Authorized


A. Contract For Towing: The City, through its Division of Parking Services, shall contract with a towing company (hereinafter referred to as "towing company") located within the area of impact of the City, including the City of Garden City, for the purpose of towing vehicles pursuant to this article. The contract shall designate the maximum tow and per day storage fee allowed to be charged for a tow and subsequent storage pursuant to this article.


B. Authority Of Towing Company: The towing company shall only be authorized to tow a vehicle pursuant to this article upon written request of the Division of Parking Services.


C. Lien Against Towed Vehicle: Upon performing an authorized tow, the towing company shall have a lien against the towed vehicle for the amount of the towing fee and storage costs, not to exceed ninety (90) days.


D. Conditions: Parking Services shall only authorize the towing of a vehicle upon confirmation that the registered owner of the vehicle has accumulated delinquent, unpaid or otherwise unsettled and uncontested parking fines which have remained unpaid for a period of thirty (30) days totaling at least two hundred dollars ($200.00), or five (5) or more tickets. (1952 Code § 10-21-01)

6-10C-2: Notice Of Tow


A. Notice Required: Upon performing a tow, the towing company shall send notice to the registered owner of the towed vehicle at the address on file with the Department of Transportation. Notice shall be mailed within twenty four (24) hours by first class mail postage prepaid.


B. Content: The notice shall:

1. Inform the owner that the vehicle has been towed pursuant to this article.

2. Identify the vehicle by year, make, model and license plate number.

3. Indicate where the vehicle was removed from and the current location of the vehicle.

4. Describe the requirements for retrieving the vehicle from impound.

5. State that the vehicle can be sold for tow and storage charges, and unpaid parking fines, if not claimed within thirty (30) days from the date of mailing of the notice.

6. Describe the procedure for obtaining a hearing. (1952 Code § 10-21-02)

6-10C-3: Release Of Vehicle


A. Payment Of Outstanding Parking Fines: A vehicle towed pursuant to this article shall only be returned to the owner upon payment in full, by cashier's check, money order, debit card or credit card, payable to the City, of any outstanding parking fines for which the owner has not previously asked for a hearing with the Magistrate Court.


B. Payment Of Towing Fee: Prior to the release of the vehicle, the owner shall also be responsible for the towing fee and associated storage costs incurred by the towing company. The towing fee and storage costs shall be paid directly to the towing company.


C. Proof Of Ownership: The owner must also present proof of ownership of the vehicle, by way of photo identification consistent with the name on the vehicle registration, to the towing company prior to the release of the vehicle to the owner. (1952 Code § 10-21-03)

6-10C-4: Hearing


A. Request For Hearing: An owner who disputes the appropriateness of the towing and impoundment of the vehicle may request a hearing with a Hearing Officer for the City.


B. Time Limit For Filing: The request for hearing must be filed in writing with the Division of Parking Services within thirty (30) working days of the mailing of the notice of tow or ten (10) working days of the release of the vehicle, whichever occurs first.


C. Scheduled Hearing: A hearing will be scheduled with the Hearing Officer within seventy two (72) hours of receipt of the request for hearing, unless a longer period is specifically requested by the owner.


D. Authority Of Hearing Officer: The Hearing Officer shall only determine whether the impoundment was proper and whether the associated towing and storage fees were proper. The Hearing Officer shall not have the authority to determine the appropriateness of the parking infractions which resulted in the towing of the vehicle.


E. Findings Of Hearing Officer: The findings of the Hearing Officer shall be made in writing at the time of the hearing. If the Hearing Officer finds that the impoundment and associated fees were appropriate and the fines and towing and storage fees have not been paid, the findings of the Hearing Officer shall include a notice to the towing company that the fines and fees must be paid before the release of the vehicle to the owner. If the Hearing Officer finds that the impoundment and associated fees were not appropriate, the findings shall include a notice setting forth an appropriate remedy, up to and including release of the vehicle to the owner.


F. Decision Final: The decision of the Hearing Officer shall be final. (1952 Code § 10-21-04)

6-10C-5: Disposal Of Unclaimed Vehicles


If the owner of the vehicle fails to pay the tow and storage fees and the parking fines within thirty (30) days of the mailing of the notice of tow, and has not requested a hearing pursuant to subsection 6-10C-4B of this article, the tow company may proceed to sell the vehicle at public auction by giving ten (10) days public notice of the sale by advertising in the official newspaper of the City, which notice shall contain a description of the property to be sold, the time and place of sale and the terms and conditions of the sale. The proceeds of the sale must be applied to discharge of the lien of tow company and then to the fines owed to the City. The remainder, if any, must be paid over to the owner of the vehicle. (1952 Code § 10-21-05)