EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmember Clarke
A BILL ENTITLED
AN ORDINANCE concerning
Title
Residential Permit Parking Program
FOR the purpose of reorganizing and clarifying the Residential Permit Parking Law; requiring continued maintenance and use of available or required off-street parking spaces; specifying eligibility requirements for parking permits, including compliance with certain Zoning Code requirements; modifying the criteria for and scope of administrative amendments to a Parking Management Plan; prohibiting certain conduct by permit applicants, permit holders, and others; imposing certain penalties; authorizing certain enforcement procedures; establishing a Residential Permit Parking Advisory Board; correcting, clarifying, and conforming certain language; and generally relating to the Residential Permit Parking Program.
Body
BY repealing and reordaining, with amendments
Article 31 - Transit and Traffic
Subtitle 10 - Residential Permit Parking Program
Baltimore City Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article 31 - Transit and Traffic
Section(s) 31-73, 36-7, and 36-9
Baltimore City Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article 1 - Mayor, City Council, and Municipal Agencies
Section(s) 41-14(4)
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 31. Transit and Traffic
Subtitle 10. Residential Permit Parking Program
PART I. DEFINITIONS; GENERAL PROVISIONS
§ 10-1. Definitions.
(a) In general.
[For the purposes of] IN this subtitle, the following terms [shall] have the meanings [listed below] INDICATED.
(B) AUTHORITY.
"AUTHORITY" MEANS THE BALTIMORE CITY PARKING AUTHORITY.
(C) [(b)] Block face.
[A "block face" shall refer to] "BLOCK FACE" MEANS all of [the properties on] 1 side of a given street [existing] between 2 consecutive intersecting streets.
(D) DWELLING UNIT.
"DWELLING UNIT" HAS THE MEANING STATED IN ZONING CODE § 1-137.
(E) EXECUTIVE DIRECTOR.
"EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF THE BALTIMORE CITY PARKING AUTHORITY OR THE EXECUTIVE DIRECTOR'S DESIGNEE.
(F) [(c)] Household.
"Household" [shall mean] MEANS all persons occupying a single [housing] DWELLING unit [(house, apartment, group of rooms, or single room intended for occupancy as separate living quarters)] AS A "FAMILY", WITHIN THE MEANING STATED IN ZONING CODE § 1-142.
(G) INCLUDES; INCLUDING.
"INCLUDES" OR "INCLUDING" MEANS BY WAY OF ILLUSTRATION AND NOT BY WAY OF LIMITATION.
[(d) Influence area.
"Influence area" shall mean the area surrounding a facility in which it could reasonably be expected that nonresident motor vehicle owners or operators using the facility would seek parking spaces.]
(H) [(e)] Motor vehicle.
"Motor vehicle" [shall mean] MEANS a vehicle [licensed] REGISTERED UNDER THE MARYLAND VEHICLE LAW as:
(1) a [private] passenger car; [or]
(2) a motorcycle[,]; OR
(3) [including all vehicles designated as] A multipurpose passenger [vehicles] VEHICLE [under the Maryland Vehicle Law].
[(f) Parking Management Plan.
"Parking Management Plan" shall refer to a method specifically designed to address the identified parking needs of a clearly defined area through use of techniques such as:
(1) a Residential Permit Parking Program;
(2) parking time restrictions;
(3) special meter zones; and
(4) 1-way street patterns.]
[(g) Peak period.
"Peak period" shall mean that time interval between the hours of 7 a.m. and 7 p.m. on weekdays during which the highest percentage of overall resident and nonresident parking utilization as well as nonresidential parking utilization occurs.]
[(h) Residential area or neighborhood.
"Residential area or neighborhood" means a contiguous or nearly contiguous area that:
(1) contains all or part of a public street or highway at least 1 side of which is primarily abutted by residential property or by residential and nonbusiness property, including but not limited to schools, parks, churches, hospitals, and nursing homes; and
(2) consists of 1 of the following:
(i) an area zoned as a residence district, which may include any block face that adjoins the residence district;
(ii) an area in which an entire block face is residential in use, which may include any block face that adjoins the area;
(iii) an area subject to a recorded master plan for subdivision and development into an area to be zoned as a residence district, where:
(A) at least 50% of the development sites have been leased or conveyed to developers, rehabilitators, restorers, or occupants with lease, deed, or disposition agreement restrictions limiting improvements to residential uses only;
(B) at least 50% of the planned development has been completed; and
(C) at least 50% of the planned improvements are in fact used and occupied as residences;
(iv) the area known as "Little Italy", as defined in § 10-13 of this subtitle;
(v) the area known as "Fells Point", as defined in § 10-14 of this subtitle;
(vi) the area known as "Cross Street", as defined in § 10-15 of this subtitle; or
(vii) the area known as "Camden Yards Stadium Complex area", as defined in § 10-16 of this subtitle.]
(i) Residential Permit Parking Program Area; Residential Parking Area.
"Residential Permit Parking Program Area" or "Residential Parking Area" means [a residential] AN area designated under this subtitle in which resident vehicles displaying a valid permit are exempt from THE parking time restrictions established under this subtitle.
§ 10-2. Findings and declarations.
(a) In general.
The Mayor and City Council finds and declares that serious adverse conditions in certain RESIDENTIAL areas [and neighborhoods] of the City [of Baltimore] result from motor vehicle congestion, particularly long-term parking of motor vehicles on the streets of those areas [and neighborhoods] by nonresidents.
(b) Program intent.
The [permit parking program] PERMIT PARKING PROGRAM established by this subtitle is intended:
(1) to reduce hazardous traffic conditions resulting from the use of streets within these areas [or neighborhoods] by nonresidents;
(2) to protect these areas [and neighborhoods] from polluted air and thereby assist in attaining national ambient air quality standards as required by the [1977 Amendments to the] FEDERAL Clean Air Act [of 1970];
(3) to protect these areas [and neighborhoods] from excessive noise, trash, and refuse caused by the entry of nonresident vehicles;
(4) to protect the residents of these areas [and neighborhoods] from unreasonable burdens in gaining access to their residences;
(5) to preserve the RESIDENTIAL character of those areas [as residential areas and neighborhoods];
(6) to preserve the value of the property in those areas [and neighborhoods];
(7) to preserve the safety of children and other pedestrians; and
(8) for the peace, good order, comfort, convenience, and welfare of the inhabitants of the City.
§§ 10-3 to 10-5. {RESERVED}
PART II. ADMINISTRATION
§ 10-6. [§ 10-3.] Program established.
There is [established] a Residential Permit Parking Program[,].
§ 10-7. PARKING AUTHORITY TO ADMINISTER.
THE RESIDENTIAL PERMIT PARKING PROGRAM IS ADMINISTERED BY THE BALTIMORE CITY PARKING AUTHORITY.
§ 10-8. RULES AND REGULATIONS.
THE AUTHORITY SHALL ADOPT RULES AND REGULATIONS TO:
(1) IMPLEMENT THE PROGRAM; AND
(2) OTHERWISE CARRY OUT THIS SUBTITLE.
§ 10-9. ADVISORY BOARD.
(A) ESTABLISHED.
THERE IS A RESIDENTIAL PERMIT PARKING ADVISORY BOARD.
(B) MEMBERSHIP.
(1) THE ADVISORY BOARD CONSISTS OF 15 MEMBERS, TO BE APPOINTED BY THE EXECUTIVE DIRECTOR OF THE PARKING AUTHORITY.
(2) OF THESE MEMBERS, A RESIDENT FROM EACH OF AT LEAST 13 DIFFERENT RESIDENTIAL PARKING AREAS MUST BE APPOINTED. EACH OF THESE APPOINTMENT FROM A RESIDENTIAL PARKING AREA MUST BE MADE FROM A LIST OF 1 OR MORE NOMINEES SUBMITTED BY THE COMMUNITY ASSOCIATION OR ASSOCIATIONS THAT REPRESENT THE COMMUNITY WITHIN WHICH THE RESIDENTIAL PARKING AREA LIES.
(C) TENURE; VACANCIES.
(1) THE TERM OF A MEMBER IS 2 YEARS.
(2) AT THE END OF A TERM, A MEMBER CONTINUES TO SERVE UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIES.
(3) A MEMBER WHO IS APPOINTED TO FILL A VACANCY AFTER A TERM HAS BEGUN SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED AND QUALIFIES.
(D) CHAIR.
THE DIRECTOR SHALL DESIGNATE ONE OF THE MEMBERS OF THE ADVISORY BOARD TO SERVE AS CHAIR.
(E) DUTIES.
IN ADDITION TO ANY DUTIES SPECIFIED ELSEWHERE IN THIS SUBTITLE, THE ADVISORY BOARD SHALL:
(1) SEEK TO ENSURE THAT THE RESIDENTIAL PERMIT PARKING PROGRAM IS EFFECTIVE AND RESPONSIVE TO THOSE IT SERVES;
(2) REVIEW AND COMMENT ON PROPOSED CHANGES IN THE RESIDENTIAL PERMIT PARKING PROGRAM, ITS POLICIES, PROCEDURES, OR ENFORCEMENT;
(3) INVESTIGATE PROBLEM AREAS AND RECOMMEND SOLUTIONS TO THEM; AND
(4) GENERALLY MONITOR, EVALUATE, AND PROPOSE IMPROVEMENTS TO THE RESIDENTIAL PERMIT PARKING PROGRAM.
§ 10-10. {RESERVED}
PART III. AREA PARTICIPATION
§ 10-11. PARTICIPATING AREAS.
PARTICIPATION IN THE PROGRAM IS available to THE FOLLOWING AREAS:
(1) THE "PIMLICO RACE TRACK AREA", AS DESCRIBED IN § 10-33 OF THIS SUBTITLE;
(2) THE "LITTLE ITALY AREA", AS DESCRIBED IN § 10-34 OF THIS SUBTITLE;
(3) THE "FELLS POINT AREA", AS DESCRIBED IN § 10-35 OF THIS SUBTITLE;
(4) THE "CROSS STREET AREA", AS DESCRIBED IN § 10-36 OF THIS SUBTITLE;
(5) THE "CAMDEN YARDS STADIUM COMPLEX AREA", AS DESCRIBED IN § 10-37 OF THIS SUBTITLE; AND
(6) all OTHER [qualified] residential areas [or neighborhoods] of the City THAT QUALIFY UNDER THIS SUBTITLE.
§ 10-12. QUALIFICATION REQUIREMENTS.
TO QUALIFY FOR PARTICIPATION IN THE PROGRAM, AN AREA MUST:
(1) BE A CONTIGUOUS OR NEARLY CONTIGUOUS AREA THAT CONTAINS ALL OR PART OF A PUBLIC STREET OR HIGHWAY AT LEAST 1 SIDE OF WHICH IS PRIMARILY ABUTTED BY:
(I) RESIDENTIAL PROPERTY; OR
(II) RESIDENTIAL AND NONBUSINESS PROPERTY, INCLUDING SCHOOLS, PARKS, CHURCHES, HOSPITALS, AND NURSING HOMES;
(2) CONSISTS OF 1 OF THE FOLLOWING:
(I) AN AREA ZONED AS A RESIDENCE DISTRICT, INCLUDING ANY BLOCK FACE THAT ADJOINS THAT RESIDENCE DISTRICT;
(II) AN AREA IN WHICH AN ENTIRE BLOCK FACE IS RESIDENTIAL IN USE, INCLUDING ANY BLOCK FACE THAT ADJOINS THAT AREA; OR
(III) AN AREA SUBJECT TO A RECORDED MASTER PLAN FOR SUBDIVISION AND DEVELOPMENT INTO AN AREA TO BE ZONED AS A RESIDENCE DISTRICT, WHERE:
(A) AT LEAST 50% OF THE DEVELOPMENT SITES HAVE BEEN LEASED OR CONVEYED TO DEVELOPERS, REHABILITATORS, RESTORERS, OR OCCUPANTS WITH LEASE, DEED, OR DISPOSITION AGREEMENT RESTRICTIONS LIMITING IMPROVEMENTS TO RESIDENTIAL USES ONLY;
(B) AT LEAST 50% OF THE PLANNED DEVELOPMENT HAS BEEN COMPLETED; AND
(C) AT LEAST 50% OF THE PLANNED IMPROVEMENTS ARE IN FACT USED AND OCCUPIED AS RESIDENCES; AND
(3) MEET ANY ADDITIONAL CRITERIA THAT THE AUTHORITY ESTABLISHES CONSISTENT WITH THE GUIDELINES AND STANDARDS OF THIS SUBTITLE.
§ 10-13. [§ 10-4. Application and parking study] PETITION.
[(a) In general.
(1) To qualify for the Program, these areas or neighborhoods must meet the criteria set forth in this subtitle and any additional criteria that the Director of Public Works establishes consistent with the guidelines and standards of this subtitle.
(2) Residential permit parking areas may be established only in accordance with the following procedures.]
[(b) Petition.]
(A) IN GENERAL.
[(1) In order to be] TO HAVE AN AREA considered for [a] PARTICIPATION IN THE Residential Permit Parking Program, a COMMUNITY ASSOCIATION, neighborhood group, OR group of residents[, or community association] must submit [a petition] to the [Director of Public Works (the Director)] BALTIMORE CITY PARKING AUTHORITY A PETITION [containing] THAT CONTAINS the signature of an adult member of at least 60% of the households in the [residential] area.
(B) MINIMUM SIZE OF AREA.
(1) [(2) Petitions will] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A PETITION MAY only be considered for [areas which contain] AN AREA THAT CONTAINS at least 10 adjacent block faces or 100 curb parking spaces.
(2) [Petitions] A PETITION from A smaller [areas] AREA shall be considered if the area is completely surrounded by commercial, industrial, or institutional uses.
(C) BOUNDARIES TO BE ON PETITION.
[(3)] The boundaries of and the streets within the proposed permit parking area must be clearly identified on each page of the petition.
(D) COVER LETTER.
[(4)] A cover letter [explaining] SHOULD ACCOMPANY THE PETITION TO:
(1) explain the reason for the request; and
(2) [containing] SPECIFY the boundaries of AND streets within the proposed permit parking area [should accompany the petition].
§ 10-14. PARKING STUDY.
[(c) Parking study.]
(A) IN GENERAL.
[(1) Upon] ON receipt of a valid petition, the EXECUTIVE Director shall conduct a parking study within[, but not limited to,] the area identified in the petition.
(B) ADDITIONAL AREAS.
(1) IN THIS SUBSECTION, "INFLUENCE AREA" MEANS THE AREA SURROUNDING A FACILITY IN WHICH IT COULD REASONABLY BE EXPECTED THAT NONRESIDENT MOTOR VEHICLE OWNERS OR OPERATORS USING THE FACILITY WOULD SEEK PARKING SPACES.
(2) Additional areas may be included in the [survey] STUDY to cover:
(I) adjacent areas of parking congestion; and
(II) [the "influence areas"] INFLUENCE AREAS of known parking congestion generators.
§ 10-15. CRITERIA FOR FURTHER CONSIDERATION.
(A) "PEAK PERIOD" DEFINED.
IN THIS SECTION, "PEAK PERIOD" MEANS THAT PERIOD BETWEEN THE HOURS OF 7 A.M. AND 7 P.M. ON WEEKDAYS DURING WHICH THE HIGHEST PERCENTAGE OF OVERALL RESIDENT AND NONRESIDENT PARKING UTILIZATION OCCURS.
(B) REQUIRED FINDINGS.
(1) [(3) A residential permit parking program will be considered further] THE AREA WILL BE FURTHER CONSIDERED FOR A PARKING MANAGEMENT PLAN if the results of the study demonstrate that [both of] the [following] criteria SPECIFIED IN PARAGRAPHS (2) AND (3) OF THIS SUBSECTION are BOTH satisfied[:].
(2) [(i)] At least 80% of the curb parking spaces in an adjacent 10-block area or area containing not less than 100 curb parking spaces were utilized during peak periods. The area identified need not coincide with the boundaries of the area identified in the petition if the study area was expanded to include known parking congestion nearby.
(3) [(ii)] At least 25% of the curb parking spaces in the area identified in [(i)] PARAGRAPH (2) [above] OF THIS SUBSECTION were utilized by nonresident parkers who were parked for 2 or more hours.
§ 10-16. [§ 10-5.] Parking Management Plan - Development.
(a) Director to develop[; considerations].
[(1) The] IF THE CRITERIA SPECIFIED IN § 10-15 {"CRITERIA FOR FURTHER CONSIDERATION"} OF THIS SUBTITLE ARE SATISFIED, THE EXECUTIVE Director shall use the [results of] the parking study to design a Parking Management Plan [designed to solve] THAT ADDRESSES the identified problem.
(B) GENERAL CONSIDERATIONS.
[(2) Special] IN DESIGNING THE PARKING MANAGEMENT PLAN, SPECIAL attention will be given to:
(1) the definition of a permit area boundary; and
(2) [to] the impact [upon] ON various population groups [in designing the Parking Management Plan].
(C) ALTERNATIVES.
[Alternatives] THE EXECUTIVE DIRECTOR WILL CONSIDER ALTERNATIVES to [a Residential Permit Parking Program] PERMIT PARKING, including [but not limited to]:
(I) parking time limits[,];
(II) special meter zones[,];
(III) 1-way streets[,]; and
(IV) alternate-side-of-the-street parking[, will be considered].
(D) OFF-STREET PARKING.
THE EXECUTIVE DIRECTOR SHALL:
(1) CONSIDER THE EXTENT TO WHICH EXISTING RESIDENTIAL OFF-STREET PARKING SPACES IN THE AREA ARE UNDERUTILIZED; AND
(2) REQUIRE IN THE PLAN, AS A CONDITION OF THE ESTABLISHMENT OR MODIFICATION OF A RESIDENTIAL PARKING AREA AND THE ISSUANCE OR RENEWAL OF PARKING PERMITS, CONTINUED MAINTENANCE AND USE OF:
(I) ALL RESIDENTIAL OFF-STREET PARKING SPACES THAT ARE REQUIRED BY THE ZONING CODE; AND
(II) ANY ADDITIONAL, USABLE RESIDENTIAL OFF-STREET PARKING SPACES THEN-EXISTING IN THE AREA.
§ 10-17. PARKING MANAGEMENT PLAN - REVIEW.
(A) [(b) Review by Planning, others] AGENCY COMMENT.
(1) The EXECUTIVE Director shall transmit the proposed Parking Management Plan to the Department of Planning for review AND COMMENT.
(2) The Department of Planning shall review the economic impact of the plan on the nonresidential uses in the [affected] area. [Such analysis] THIS REVIEW shall CONSIDER, among other things, [consider] the adequacy of available and future off-street parking for these NONRESIDENTIAL uses.
(3) If there are special districts, historic areas, or other special designations in or near the area [proposed to be covered by the Parking Management Plan], the Department of Planning shall [notify] TRANSMIT THE PROPOSED PLAN TO the appropriate City agencies for their comments.
(4) All comments shall be [returned by] SUBMITTED TO the EXECUTIVE Director within 30 days.
(B) [(c)] Public comment.
(1) The EXECUTIVE Director shall present the PROPOSED Parking Management Plan at a public meeting [held in accordance with a formal set of procedures to obtain public response to the proposed plan].
(2) Notice of the public meeting shall be published [once] in a newspaper of general circulation in the City at least 1 week before the meeting.
(3) Written notice of the public meeting also shall be sent to:
(I) the Mayor; [and]
(II) THE members of the City Council[,];
(III) [to] ALL City agencies affected by the Plan[,]; and
(IV) [to] any community organizations representing the affected area.
(3) The EXECUTIVE Director may seek additional neighborhood comment on the proposed plan before [a] HE OR SHE [decision is made on the] ADOPTS A final [version of the Parking Management] Plan. [The Director may also consult with members of the City Council.]
§ 10-18. [§ 10-6.] Parking Management Plan - Adoption.
(a) [Director to issue] 6-MONTH ADMINISTRATIVE regulation.
(1) [The] TO ADOPT A PARKING MANAGEMENT PLAN, THE EXECUTIVE Director shall:
(I) issue an administrative regulation [setting] THAT SETS forth ALL ELEMENTS OF THE FINAL PLAN, INCLUDING [a] ANY Residential [Permit] Parking [Program] AREA [or other Parking Management] TO BE ESTABLISHED UNDER THE Plan[, either of which may incorporate amendments suggested during the public meetings,]; and
(II) [the Director shall] publish this regulation once in a newspaper of general circulation in the City.
(2) [The] UNLESS EXTENDED AS PROVIDED IN THIS SECTION, THE administrative regulation [creating a Residential Permit Parking Program or other Parking Management Program resulting from this process shall be] IS effective for a period of NOT MORE THAN 6 months.
(b) Administrative extension.
(1) [The administrative regulation establishing a Residential Permit Parking Program or other Parking Management Plan may be made permanently effective] THE EXECUTIVE DIRECTOR MAY SEEK TO EXTEND THE PLAN INDEFINITELY OR FOR A TERM OF YEARS, by [the Director's] giving WRITTEN notice OF THE PROPOSED EXTENSION, not less than [15 days prior to] 30 DAYS BEFORE the [expiration] END of the 6-month period, to the President of the City Council.
(2) If no written objection to the [administrative regulation] EXTENSION is made by any [2 members] MEMBER of the City Council representing ALL OR PART OF the affected area and forwarded to the Director within the [15-day] 30-DAY period, the [regulation shall cease to be temporary and become permanently effective] PLAN IS EXTENDED at the end of the [aforementioned] 6-month period.
(c) Ordinance to extend.
If [such] a TIMELY written objection is received by the EXECUTIVE Director, THE COUNCIL PRESIDENT SHALL INTRODUCE [an] A PROPOSED ordinance setting forth the provisions of the [administrative regulation] PLAN [shall be introduced by the City Council President] and, depending [upon] ON the passage or failure of the ordinance, the [administrative regulation] PLAN [shall] WILL become [permanently] effective in accordance with the terms of the ordinance or be of no further force or effect.
§ 10-19. PARKING MANAGEMENT PLAN - AMENDMENT.
(A) BY ORDINANCE. [(d) Subsequent amendment or rescission.]
At any time after A PARKING MANAGEMENT PLAN HAS BEEN ADOPTED BY [an] administrative regulation [is issued], the Mayor and City Council may [by] ENACT AN ordinance [direct the Director to rescind or amend] RESCINDING OR MODIFYING the administrative regulation [creating a Residential Permit Parking Program] [or other] AND THE Parking Management Plan CREATED BY IT[, and at the time when such an ordinance shall become effective, the Administrative Regulation shall be so rescinded or amended].
(B) BY EXECUTIVE DIRECTOR.
(1) IN GENERAL.
THE EXECUTIVE DIRECTOR MAY MODIFY AN ESTABLISHED RESIDENTIAL PERMIT PARKING PLAN AT ANY TIME IN ACCORDANCE WITH THE FOLLOWING PROCEDURES.
(2) MINOR CHANGES.
(I) IN THIS PARAGRAPH, "MINOR CHANGE" INCLUDES:
(A) ADDING TO OR ELIMINATING FROM A RESIDENTIAL PARKING AREA NO MORE THAN 1 BLOCK FACE OR 2 OPPOSING BLOCK FACES; OR
(B) ADDING OR ELIMINATING PERMIT AUTHORIZATION UNDER § 10-22(A)(2) OF THIS SUBTITLE FOR RESIDENTS OF CORNER PROPERTIES.
(II) MINOR CHANGES MAY BE MADE AFTER CONSULTATION WITH:
(A) THE RESIDENTS OF THE AFFECTED BLOCK FACE OR FACES;
(B) THE COMMUNITY ASSOCIATION(S) FOR THE RESIDENTIAL PARKING AREA; AND
(C) THE RESIDENTIAL PERMIT PARKING ADVISORY BOARD.
(3) MAJOR CHANGES.
(I) IN THIS PARAGRAPH, "MAJOR CHANGE" INCLUDES:
(A) ADDING OR ELIMINATING 2 OR MORE NON-OPPOSING BLOCK FACES;
(B) CHANGING THE HOURS OR DAYS OF OPERATION;
(C) ADDING OR MODIFYING REQUIREMENTS FOR THE USE OF EXISTING OFF-STREET PARKING SPACES; OR
(D) TERMINATING THE PROGRAM.
(II) MAJOR CHANGES MUST BE PRESENTED AT A PUBLIC HEARING CONDUCTED BY THE EXECUTIVE DIRECTOR.
(III) AT LEAST 10 DAYS' NOTICE OF THE PUBLIC HEARING MUST BE MAILED TO ALL HOUSEHOLDS IN AND TO THE COMMUNITY ASSOCIATION(S) FOR:
(A) THE RESIDENTIAL PARKING AREA; AND
(B) ANY AREA PROPOSED TO BE ADDED TO THE RESIDENTIAL PARKING AREA.
(IV) THE CITY COUNCIL MUST ALSO BE NOTIFIED OF THE INTENDED CHANGES AND, IF WITHIN 30 DAYS FOLLOWING THE PUBLIC MEETING AND NOTICE TO THE COUNCIL, A MAJORITY OF THE MEMBERS OF THE COUNCIL DOES NOT OPPOSE THE CHANGES, THE RECOMMENDED CHANGES MAY BE ADOPTED BY THE EXECUTIVE DIRECTOR.
§§ 10-20 TO 10-21. {RESERVED}
PART IV. PERMIT PROCESS
§ 10-22. ELIGIBILITY TO OBTAIN.
(A) RESIDENT PERMITS - QUALIFICATIONS.
EXCEPT AS OTHERWISE LIMITED BY SUBSECTION (B) OF THIS SECTION, THE FOLLOWING ARE ELIGIBLE FOR A PERMIT:
(1) ANY RESIDENT OF A RESIDENTIAL PARKING AREA WHO OWNS OR OPERATES A MOTOR VEHICLE; AND
(2) IF EXPRESSLY AUTHORIZED BY THE APPLICABLE PARKING MANAGEMENT PLAN, ANY PERSON WHO RESIDES IN A CORNER PROPERTY THAT, WHILE OUTSIDE A RESIDENTIAL PARKING AREA, ABUTS A BLOCK FACE WITHIN A RESIDENTIAL PARKING AREA AND WHO OWNS OR OPERATES A MOTOR VEHICLE.
(B) RESIDENT PERMITS - LIMITATIONS.
(1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBTITLE, NO PERMIT MAY BE ISSUED TO OR FOR THE BENEFIT OF ANY PERSON WHO RESIDES IN A DWELLING UNIT THAT:
(I) IS NOT AUTHORIZED BY THE ZONING CODE OF BALTIMORE CITY; OR
(II) IS OCCUPIED BY MORE THAN THE NUMBER OF PEOPLE AUTHORIZED BY THE ZONING CODE OF BALTIMORE CITY.
(2) EXCEPT AS AUTHORIZED BY A RULE OR REGULATION OF THE AUTHORITY AND FOR GOOD CAUSE SHOWN, NO MORE THAN 4 RESIDENT PERMITS MAY BE ISSUED TO OR FOR THE BENEFIT OF PERSONS RESIDING IN THE SAME DWELLING UNIT.
(C) VISITOR PERMITS.
IN ITS RULES AND REGULATIONS, THE AUTHORITY MAY PROVIDE FOR THE ISSUANCE OF SPECIAL PERMITS FOR THE TEMPORARY USE OF BONA FIDE VISITORS OF RESIDENTS OF A RESIDENTIAL PARKING AREA.
§ 10-23. APPLICATIONS.
(A) IN GENERAL.
AN APPLICATION FOR A PERMIT MUST BE MADE ON THE FORM THE EXECUTIVE DIRECTOR PROVIDES.
(B) CONTENTS; DOCUMENTATION.
THE APPLICATION MUST CONTAIN THE INFORMATION AND BE ACCOMPANIED BY THE DOCUMENTATION THAT THE DIRECTOR REQUIRES TO ASSURE COMPLIANCE WITH THE RESIDENCY AND OTHER REQUIREMENTS OF THIS SUBTITLE.
(C) VERIFICATION.
EACH APPLICATION MUST BE SIGNED UNDER OATH OR AFFIRMATION, SUBJECT TO THE PENALTIES OF PERJURY.
(D) CONVENIENCE.
PROVISIONS MUST BE MADE TO ENABLE ALL APPLICANTS, INCLUDING THOSE WHO LACK INTERNET ACCESS, TO TIMELY AND CONVENIENTLY SUBMIT THEIR APPLICATIONS.
§ 10-24. FEES.
(A) IN GENERAL.
THE ANNUAL FEE FOR A PERMIT IS AS SET BY THE AUTHORITY FROM TIME TO TIME.
(B) DIFFERENTIAL FEES.
THE AUTHORITY MAY SET DIFFERENT FEES FOR DIFFERENT RESIDENTIAL PARKING AREAS BASED ON THE DAYS AND NUMBER OF HOURS DURING WHICH PARKING RESTRICTIONS ARE IMPOSED IN THAT AREA.
(C) FEES NONREFUNDABLE.
PERMIT FEES ARE NOT REFUNDABLE.
(D) AREAS EXEMPT FROM FEES.
NO FEE MAY BE CHARGED FOR ANY PERMIT TO AN ELIGIBLE RESIDENT IN AREAS A AND B OF THE CAMDEN YARDS STADIUM COMPLEX AREA, AS DESCRIBED IN § 10-37 OF THIS SUBTITLE.
§ 10-25. PERMIT NOT ASSIGNABLE.
NO PERMIT ISSUED UNDER THIS SUBTITLE MAY BE ASSIGNED OR TRANSFERRED TO OR FOR THE BENEFIT OF ANY PERSON.
§§ 10-26 TO 10-27. {RESERVED}
PART V. NON-RESIDENT PARKING RESTRICTIONS
§ 10-28. [§ 10-7. Hours of operation.] 2-HOUR RESTRICTION.
(a) [Parking restriction for nonresidents] IN GENERAL.
[(1)] Except as otherwise provided in this [subsection] SUBTITLE, parking durations for non-permit holders are limited to 2 hours.
(B) OAKENSHAWE AREA.
[(2)] In the Residential Parking Area known as Area 1 ("Oakenshawe"), parking for non-permit holders is limited during any 1 calendar day to 2 hours in any 1 or more parking spots anywhere within the Residential Parking Area.
§ 10-29. HOURS WHEN RESTRICTIONS APPLY.
[(b) Hours when restrictions apply.]
(A) IN GENERAL.
[(1) The] EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE hours during which parking is restricted in A Residential Permit Parking Program [Areas] AREA are 7 a.m. to 7 p.m., weekdays only[,].
(B) ADMINISTRATIVE ADJUSTMENTS.
(1) [unless the] THE Director MAY ADJUST THESE HOURS OR DAYS IF THE DIRECTOR determines that THE ADJUSTMENT IS REQUIRED TO [protection from] PREVENT parking congestion [requires an adjustment of these hours or days].
(2) For the purpose of this determination, the [same] levels SPECIFIED IN § 10-15 {"CRITERIA FOR FURTHER CONSIDERATION"} [of] FOR OVERALL parking [accumulation] UTILIZATION (80%) and nonresident utilization (25%) [specified in § 10-4(c) of this subtitle will] MUST be used.
[(3) During this period, parking durations are limited as specified in subsection (a) of this section.]
§§ 10-30 TO 10-32. {RESERVED}
[§ 10-8. Permits and fees.
(a) In general.
(1) A residential parking permit shall be issued upon payment of a reasonable annual fee which shall be charged for each eligible motor vehicle within a Residential Permit Parking Program Area when a permit is requested by the vehicle owner.
(2) The minimum fee shall be $5 per year for each permit and may be adjusted by the Director.
(3) The Director may also adjust the fees to provide for additional hours of operation or the addition of non-weekday restrictions to the period of operation of the Program.
(b) Fees nonrefundable.
Permit fees shall not be refunded.
(c) Visitors' permits.
The Director may at his discretion make provisions for the issuance of temporary parking permits to bona fide visitors of residents of a designated residential permit parking program area.
(d) Areas exempt from fees.
The requirement for the payment of fees provided for in this section shall not apply to any eligible resident in a residential permit parking program in the Camden Yards Stadium Complex area, Areas A and B, as authorized under the provisions of § 10-16 of ths subtitle.]
[§ 10-9. Administration; rules and regulations.
This subtitle shall be administered by the Director in accordance with the rules and regulations that the Director may issue.]
[§ 10-10. Modifications to Programs.
(a) In general.
An established Residential Permit Parking Program may be modified by the Director at any time in accordance with the following procedures.
(b) Minor changes.
Minor changes, such as the addition or elimination of a block face, may be made by the Director after consultation with the residents of the block.
(c) Major changes.
(1) Major changes, such as the addition or elimination of 2 or more block faces, changing the hours or days of operation, or the termination of the program, must be presented at a public meeting.
(2) The City Council will also be notified of the intended changes and, if within 30 days following the public meeting and notice to the Council, a majority of the members of the Council does not oppose the changes, the recommended changes shall be made permanent by the Director.
(d) Reserved rights.
This section does not change:
(1) the right of the Mayor and City Council, by ordinance, to direct the Director to rescind or amend the administrative regulation that establishes the residential permit parking program or other parking management program; or
(2) the right of the Director to terminate the program at any time within the 6-month period or at the end of the trial period if evidence shows the program is not solving the parking problem cited in the original petition for a residential permit parking program.]
PART VI. STATUTORY AREAS
§ 10-33. [§ 10-12.] Pimlico Race Track Area.
(A) AREA DELINEATED.
THE PIMLICO RACE TRACK AREA IS THE AREA DESCRIBED IN § 31-86 OF THIS ARTICLE.
(B) [(a)] Sections inapplicable.
The Pimlico Race Track [area] AREA[, as defined in § 31-86 of this article, shall] IS not [be] subject to [§§ 10-4(c) and 10-7] § 10-14 {"PARKING STUDY"}, § 10-15 {"CRITERIA FOR FURTHER CONSIDERATION"}, OR PART V {"NON-RESIDENT PARKING RESTRICTIONS"} of this subtitle.
(C) [(b)] Hours of operation.
The hours during which parking [could] MAY be restricted under a residential permit parking program [shall] MAY not exceed the period from 7:00 a.m. to 7:00 p.m.
(D) [(c)] Days of operation.
[No] A residential permit parking program developed under [the provisions of] this section:
(1) [shall] MAY be in effect [upon days other than those] ONLY ON A DAY when a racing meet is being held at the Pimlico Race Track[,] BUT
(2) [nor shall it] MAY NOT be in effect on Preakness Day.
§ 10-34. [§ 10-13.] Little Italy Area.
(a) Area delineated.
The Little Italy [area] AREA is [that] THE area [included within] BOUNDED BY the outer limits of Pratt Street, Central Avenue, Duker Alley, and President Street.
(b) Businesses also eligible.
The residential permit parking program for this area shall provide permits for the businesses located within the area to the same extent THAT they are provided to the residents.
(c) Hours of operation.
The hours during which parking [will be] IS restricted [shall be between] ARE 8:00 a.m. [and] TO 8:00 p.m., unless the Director determines that the state of parking congestion requires a change in these hours.
§ 10-35. [§ 10-14.] Fells Point Area.
The Fells Point [area] AREA is [that] THE area [included within] BOUNDED BY the outer limits of Caroline Street, Wolfe Street, Fleet Street, and Thames Street.
§ 10-36. [§ 10-15.] Cross Street Area.
The Cross Street [area] AREA is [that] THE area consisting of the 100 block of East Cross Street.
§ 10-37. [§ 10-16.] Camden Yards Stadium Complex Area.
(a) Area delineated.
The Camden Yards Stadium Complex [area] AREA is [that] THE area [within] BOUNDED BY the outer limits of North Avenue, the western bank of the Jones' Falls, the outer limits of Lawrence Street, Interstate I-95, and Monroe Street.
(b) Sections inapplicable.
(1) THE Camden Yards Stadium Complex [area] AREA not subject to [§§ 10-4 and 10-7] § 10-13 {"PETITION"}, § 10-14 {"PARKING STUDY"}, § 10-15 {"CRITERIA FOR FURTHER CONSIDERATION"}, OR PART V {"NON-RESIDENT PARKING RESTRICTIONS"} of this subtitle.
(2) [A petition from] FOR each block face to be considered, A PETITION must be submitted that contains the signature of an adult member of at least 60% of the households [in] ON the affected block FACE.
(c) Parking restrictions.
[Except for permit holders] IN THE CAMDEN YARDS STADIUM COMPLEX AREA, parking [duration shall] DURATIONS FOR NON-PERMIT HOLDERS MAY be restricted in whole or in part.
(d) Persons eligible.
(1) In the Camden Yards Stadium Complex [area] AREA, block faces [which] THAT are residential in use [shall be] ARE eligible for residential permit parking privileges.
(2) The residential permit parking program for stadium event restricted parking program - Area A (South Baltimore), Area B (Washington Village), and Area 5 (Ridgely's Delight) shall provide permits for the businesses located within Area A, Area B, and Area 5 to the same extent THAT they are provided to the residents.
(e) Area Committee.
(1) There shall be [established] a Camden Yards Stadium Complex Area Committee.
(2) The Committee shall be [comprised] COMPOSED of:
(I) duly appointed representatives of existing residential permit parking areas, community associations, business associations, and religious, educational, and nonprofit institutions in the Camden Yards Stadium Complex area[,];
(II) the Commissioner of Police[,];
(III) the Director of [Public Works] TRANSPORTATION[,]; and
(IV) the Director of the Stadium Authority.
(3) The Committee shall consider and make recommendations concerning any changes to the Camden Yards Stadium Complex [area] AREA [residential permit parking program under consideration by the Director of Public Works].
(f) Application of section to other designated areas.
Any [designated residential permit parking area] OTHER RESIDENTIAL PERMIT PARKING AREA [which] THAT falls, in whole or in part, within the Camden Yards Stadium Complex [area] AREA [shall be] IS subject to all [the] provisions of this section.
§§ 10-38 TO 10-39. {RESERVED}
PART VII. PROHIBITED CONDUCT
§ 10-40. FALSIFYING OR CONCEALING INFORMATION.
NO PERSON MAY, IN CONNECTION WITH ANY MATTER GOVERNED BY THIS SUBTITLE, WILFULLY:
(1) FALSIFY, CONCEAL, OR COVER UP ANY MATERIAL FACT; OR
(2) SUBMIT ANY WRITING OR DOCUMENT KNOWING THAT IT CONTAINS A FALSE OR MISLEADING STATEMENT OR ENTRY.
§ 10-41. FRAUDULENTLY OBTAINING, ETC., PERMIT.
NO PERSON MAY FRAUDULENTLY OBTAIN, KEEP, OR ATTEMPT TO OBTAIN OR KEEP A PERMIT ISSUED UNDER THIS SUBTITLE.
§ 10-42. COUNTERFEITING OR ALTERING PERMITS.
NO PERSON MAY:
(1) COPY, CREATE, OR OTHERWISE PRODUCE ANY COUNTERFEIT OR FACSIMILE OF A RESIDENTIAL AREA PARKING PERMIT; OR
(2) ALTER ANY PERMIT ISSUED UNDER THIS SUBTITLE TO CHANGE ITS EXPIRATION DATE OR ANY CONDITION OF ITS USE.
§ 10-43. USING INVALID PERMITS.
NO PERSON MAY DISPLAY IN ANY VEHICLE:
(1) ANY COUNTERFEIT OR FACSIMILE OF A RESIDENTIAL AREA PARKING PERMIT;
(2) ANY PERMIT ALTERED TO CHANGE ITS EXPIRATION DATE OR ANY CONDITION OF ITS USE; OR
(3) A RESIDENTIAL PARKING PERMIT THAT HAS EXPIRED OR IS OTHERWISE VOID.
§ 10-44. MISUSING VISITOR'S PERMIT.
NO PERSON MAY:
(1) CHARGE ANY FEE FOR THE USE OF A VISITOR'S PERMIT;
(2) ALLOW ANOTHER TO USE A VISITOR'S PERMIT IN VIOLATION OF ANY RULE OR REGULATION GOVERNING THE USE OF VISITORS' PERMITS.
§ 10-45. LANDLORD ABUSE.
NO LANDLORD OR OTHER PERSON MAY, DIRECTLY OR INDIRECTLY, REQUIRE A TENANT OR OTHER RESIDENT OF A DWELLING TO ALLOW THE LANDLORD OR OTHER PERSON TO USE OR CONTROL ANY PERMIT ISSUED TO THE TENANT OR OTHER RESIDENT.
§ 10-46. AIDING ANOTHER IN VIOLATION.
NO PERSON MAY KNOWINGLY AID ANOTHER IN VIOLATING ANY PROVISION OF THIS PART VII.
§ 10-47. {RESERVED}
PART VIII. ENFORCEMENT; PENALTIES
§ 10-48. SUSPENSION OR REVOCATION OF PERMITS.
AFTER NOTICE AND OPPORTUNITY FOR A HEARING, THE DIRECTOR MAY SUSPEND OR REVOKE, AS THE CIRCUMSTANCES WARRANT, ALL PERMITS ISSUED TO OR FOR THE BENEFIT OF:
(1) ANY PERSON WHO VIOLATES ANY PROVISION OF PART VII {"PROHIBITED CONDUCT"} OF THIS SUBTITLE; AND
(2) ALL MEMBERS OF THAT PERSON'S HOUSEHOLD.
§ 10-49. IMMOBILIZING VEHICLE.
(A) IN GENERAL.
IF A MOTOR VEHICLE IS FOUND UNATTENDED, LOCKED, AND PARKED IN VIOLATION OF § 10-43 {"USING INVALID PERMITS"} OF THIS SUBTITLE, THE VEHICLE MAY BE IMMOBILIZED PENDING SURRENDER OF THE INVALID PERMIT.
(B) METHOD OF IMMOBILIZATION.
THE METHOD OF IMMOBILIZATION SHALL BE THE SAME AS THAT USED UNDER § 31-21 {"IMPOUNDING OR IMMOBILIZATION AUTHORIZED"} OF THIS ARTICLE.
(C) NOTICE, RELEASE, RIGHT TO HEARING.
(1) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THE PROVISIONS OF §§ 31-25 THROUGH 31-31 OF THIS ARTICLE, GOVERNING NOTICES, RELEASE OF VEHICLE, RIGHT TO A HEARING, AND PROHIBITED TAMPERING APPLY TO AN IMMOBILIZATION UNDER THIS SECTION.
(2) FOR PURPOSES OF AN IMMOBILIZATION UNDER THIS SECTION, HOWEVER, REFERENCES IN §§ 31-25 THROUGH 31-31 OF THIS ARTICLE TO RELEASE OF A VEHICLE ON "PAYMENT OF A BOOTING FEE AND OTHER [ACCRUED] CHARGES" SHALL BE TAKEN TO MEAN PAYMENT OF A BOOTING FEE AND SURRENDER TO THE AUTHORITY OF THE INVALID PERMIT.
§ 10-50. {RESERVED}
§ 10-51. PROHIBITED CONDUCT - ENFORCEMENT BY CITATION.
(A) IN GENERAL.
IN ADDITION TO ANY OTHER CIVIL OR CRIMINAL REMEDY OR ENFORCEMENT PROCEDURE, PART VII {"PROHIBITED CONDUCT"} OF THIS SUBTITLE MAY BE ENFORCED BY ISSUANCE OF A CIVIL CITATION UNDER CITY CODE ARTICLE 1, SUBTITLE 41 {"CIVIL CITATIONS"}.
(B) PROCESS NOT EXCLUSIVE.
THE ISSUANCE OF A CITATION TO ENFORCE PART VII OF THIS SUBTITLE DOES NOT PRECLUDE PURSUING ANY OTHER CIVIL OR CRIMINAL REMEDY OR ENFORCEMENT ACTION AUTHORIZED BY LAW.
§ 10-52. PROHIBITED CONDUCT - CRIMINAL PENALTIES.
ANY PERSON WHO VIOLATES ANY PROVISION OF PART VII {"PROHIBITED CONDUCT"} OF THIS SUBTITLE IS GUILTY OF A MISDEMEANOR AND, ON CONVICTION, IS SUBJECT TO FINE OF NOT MORE THAN $1,000 OR TO IMPRISONMENT FOR NOT MORE THAN 12 MONTHS OR TO BOTH FINE AND IMPRISONMENT FOR EACH OFFENSE.
Subtitle 31. Clear Streets and Impoundment
Part 7. Impounding Areas
§ 31-73. "C" streets and areas.
(3) Camden Yards Stadium Complex [area] AREA, [residential permit parking program areas therein] RESIDENTIAL PERMIT PARKING PROGRAM AREAS. The Camden Yards Stadium Complex [area] AREA is that area [within the outer limits of North Avenue, the western bank of the Jones' Falls, the outer limits of Lawrence Street, Interstate I-95, and Monroe Street,] DESCRIBED IN § 10-37 OF THIS ARTICLE and, for impounding purposes, includes only those [residential permit parking program areas] RESIDENTIAL PERMIT PARKING PROGRAM AREAS established [or altered pursuant to § 10-16 of this article] UNDER THAT SECTION.
Subtitle 36. Parking, etc., Fines, Penalties, and Procedures
§ 36-7. $75 fines.
(3) Parking, stopping, or standing in violation of posted restrictions in any [residential permit parking program area] RESIDENTIAL PERMIT PARKING PROGRAM AREA within the Camden Yards Stadium Complex Area, at any time between 1 hour before the advertised start of a stadium event and 1 hour after the event ends, is punishable by a fine of $75.
§ 36-9. $40 fines.
(3) Except as otherwise provided in this subtitle for the Pimlico Race Track Area or the Camden Yards Stadium Complex Area, parking in violation of posted restrictions in a [residential permit parking area] RESIDENTIAL PERMIT PARKING PROGRAM AREA is punishable by a fine of $40.
Article 1. Mayor, City Council, and Municipal Agencies
Subtitle 41. Civil Citations
§ 41-14. Offenses to which subtitle applies - Listing.
(4) Article 31. Transit and Traffic
SUBTITLE 10. RESIDENTIAL PERMIT PARKING PROGRAM
§ 10-40. FALSIFYING OR CONCEALING INFORMATION $500
§ 10-41. FRAUDULENT OBTAINING, ETC., PERMIT $500
§ 10-42. COUNTERFEITING OR ALTERING PERMITS $500
§ 10-43. USING INVALID PERMITS $500
§ 10-44. MISUSING VISITOR'S PERMIT $500
§ 10-45. LANDLORD ABUSE $500
§ 10-46. AIDING ANOTHER IN VIOLATION $500
SUBTITLE 16. USE-OF-THE-ROAD REGULATIONS
§ 16-12. Vehicles on sidewalks $ 50
SUBTITLE 18. BICYCLES
§ 18-8. Riding {bicycles} on sidewalk $ 50
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
dlr05-514(3)~intro/04Jan06
art31/RPP-Zg/aa:me
dlr05-514(3)~intro/04Jan06
- 2 -
art31/RPP-Zg/aa:me