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Attorney Ordinance Info 5-6-1991 O'DONNELL, RAMIS, CREW & CORRIGAN ATTORNEYS AT LAW BALLOW&WRIGHT BUILDING 1727 N.W.Hoyt Street Portland, Oregon 97209 TELEPHONE: (503) 222-4402 FAX: (503) 243-2944 DATE: May 6, 1991 TO: Mr. Ron Goodpasture, Chief of Police, City of Tigard FROM: James M. Colem City Attorney's Office RE: Residential Parking Permit Ordinance At your request I have reviewed and provide below information concerning the establishment of restrictions on parking in residential areas. The purpose which you wish to accomplish by this ordinance is to allow the City, by regulation, to designate area-specific parking time limit restrictions in residential areas, exempting from those restrictions residents who live within that specific area. The proposed new regulation can fit nicely within the City's existing parking restrictions found in TMC Chapter 10. I suggest the following amendments to the Code: 1. Add to Section 10.32. 010 (1) a new subsection (e) to read: " (e) Establishing residential parking zones. " This amendment will add to the list of parking related actions that can be taken by City Council resolution, the establishment of this new residential parking zone. 2 . Section 10.32.020 currently gives to the City Administrator the authority to post necessary official regulatory signs to carry out the actions of the City Council pursuant to the previously referenced section. This section does not need any further amendment to allow the City Administrator to post the signs that will be necessary, and will be the key component of the enforcement portion of this program. TMC 10. 28. 170 (10) currently makes it unlawful for a person to park any place where parking is prohibited by an official sign. That subsection will be the section that will be violated by a person who parks within a residential parking zone in violation of a sign designating the area as such. O'DONHELL, RAMIS, CREW & CORRIGAN Memo re: Residential Parking Permit Ordinance May 6, 1991 Page 2 3. Add a new section 10.28.175 to the City Code entitled "Residential Parking Zones" and the section would read as follows: (1) The City Council, pursuant to TMC Section 10. 32 . 010 may establish residential parking zones. The ° purpose of residential parking zones is to prohibit parking by non-residents during specific time periods within specific geographic areas used predominantly for residential purposes. The City Council resolution which establishes the residential parking zone shall clearly define the geographic limits of the area affected by the zone and the hours during which the parking by non-residents will be prohibited. Residents within the parking zones may obtain a permit from the City Administrator pursuant to subsection 2 of this section to allow for the parking of vehicles within the zone during the restricted hours. (2) The City Administrator shall establish procedures and standards for the issuance of permits to residents that will allow them to park their vehicles within residential parking zones during the restricted hours. At a minimum, the Administrator shall establish rules which establish the criteria for issuance, evident of proof of residence, terms of the permit, standards for display of the permit, and allow for the issuance of temporary permits to residents for the parking of non-resident vehicles for temporary periods. (3) The City Administrator shall cause to be installed and maintained, pursuant to TMC 10. 32. 020, official signs for residential parking zones which clearly identify the parking restrictions for non-residents and the exception to those restrictions for permit holders within the residential parking zones. The language provided above provides the framework for the residential parking zone process. Please review the language which I have supplied and direct your comments to me. If you choose to -O'DONNELL, RAMIS, CREW & CORRIGAN Memo re: Residential Parking Permit Ordinance May 6, 1991 Page 3 present such an ordinance to the City Council, after consideration of your comments we will put the language into a proper ordinance form. I suggest that a report accompany the ordinance which explains and describes the need for the creation of this parking restriction program. i Original Memorandum to: Mr. Ron Goodpasture, Chief of Police Copy to: City of Tigard/Police File JMC:dd 5/6/91 j—\tigaxd\9W24-10\g—dpa--e2