§ 102-82. Restricted areas.

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Physically impossible means insufficient or no space to park any or all motor vehicles lawfully used in connection with the use of the abutting property as determined by the traffic engineer.

(2)

Restricted parking area means the area between the curb and sidewalk or on unpaved streets between the edge of the roadway and sidewalk.

(b)

Nothing in section 102-82(a) shall prohibit the parking of vehicles in restricted parking areas if the area is paved with asphalt or concrete in accordance with the specifications of the traffic engineer of the engineering department. The traffic engineer shall determine whether it is physically impossible to park those vehicles lawfully used in connection with the abutting property prior to allowing a restricted parking area use.

(c)

Parking in restricted parking areas shall be in such paved parking areas which were lawfully in existence on November 20, 1978, and providing that such paved area does not violate any state law or city ordinance, or in such parking areas thereafter constructed and for which a "lawn extension parking construction permit" has been obtained through the engineering department of the city.

(d)

Parking permits.

(1)

In residential zones, the traffic engineer shall issue a permit for each motor vehicle designated by the abutting property owner allowed to park in the restricted parking area. The permit shall be affixed to the left rear window of such motor vehicle. The traffic engineer shall cause to be placed on such parking area a sign indicating "permit parking only."

(2)

In all other zones, the traffic engineer shall cause to be placed on such parking area a sign limiting time for parking on a restricted parking area.

(3)

Permit fees shall be those fees on file with the city clerk which have been approved and filed by the city manager and which the city commission has been notified of for at least 30 days in compliance with section 2-1.

(e)

In residential zones, it shall be lawful for a permittee to park a permitted motor vehicle on a restricted parking area lawn extension for which the permit was issued. In all other zones, any person parking on a restricted parking area shall be deemed to be a permittee when such vehicle is lawfully parked for the indicated time limitation.

(f)

Restricted parking areas permitted in residentially zoned districts shall in addition to any other requirements of this chapter be as follows:

(1)

Only cars, pickup trucks, vans and motorcycles may be parked in any such restricted parking area.

(2)

All lawful and feasible parking spaces on the abutting premises must be developed and utilized before any such restricted parking area may be used.

(3)

None of the expenses of the creation and maintenance of such parking area shall be borne by the city and the city shall not be responsible to anyone suffering injuries as a result thereof.

(4)

Each restricted parking area hereinafter created shall be entirely within the extension of the property lines of the abutting premises, such extensions to be at right angles to the street lines.

(g)

The creation or use of any such parking area shall not increase the right of the abutting owner in the public rights-of-way and the duration of the use of such parking area shall be solely within the discretion of the city commission.

(h)

Upon voluntary discontinuances or involuntary termination by the city, the lawn extension restricted parking area shall be restored to the specification of the traffic engineer. Any aggrieved party may appeal to the board of parking appeals seeking relief from such specifications.

(Code 1970, § 40-18(1)—(8))