Parking Facilities Committee

CITY OF CHARLESTON West Virginia Council Member – 12th WARD Joseph Jenkins Finance Committee, Chair 839 Gordon Drive Parking Committee, Chair Charleston, West Virginia 25303 Public Safety Committee 304‐575‐9202 joseph.jenkins@cityofcharleston.org AGENDA PARKING FACILITIES COMMITTEE MEETING Monday, May 6, 2019 6:00 PM I. BILLS: a. Bill No. 7815 ‐ A bill to amend and reenact Chapter 114, Article VII, Sections 114‐565, 114‐ 575, 114‐576, 114‐578, 114‐602, 114‐622, and 114‐628 of the Code of the City of Charleston, as amended, relating to providing a specific exemption for parking building no. 2; updating terminology and certain requirements regarding parking and traffic; and clarifying the authority of the director of parking and director of traffic. II. DISCUSSION: *Meetings may be recorded and broadcast via internet https://charlestonwv.civicclerk.com City Council | 501 Virginia Street, East | Post Office Box 2749 | Charleston, West Virginia 25330 www.charlestonwv.gov | 304.348.8179 | 304.348.8038 fax Page | 1 of  Bill No. 7815 Committee Substitute: Introduced in Council: Adopted by Council: April 15, 2019 Introduced by: Referred to: Joseph Jenkins Parking Facilities Committee 1 Bill No. 7815 Committee Substitute - A BILL to amend and reenact Chapter 114, 2 Article VII, Sections 114-565, 114-575, 114-576, 114-578, 114-602, 114-622, and 114- 3 628 of the Code of the City of Charleston, as amended, relating to providing a specific 4 exemption for parking building no. 2; updating terminology and certain requirements 5 regarding parking and traffic; and clarifying the authority of the director of parking and 6 director of traffic. 7 8 Now, therefore, be it ordained by the Council of the City of Charleston: 9 10 That Chapter 114, Article VII, Sections 114-565, 114-575, 114-576, 114-578, 114-602, 11 114-622, and 114-628 of the Code of the City of Charleston, as amended, is hereby 12 amended and reenacted to read as follows: 13 14 Chapter 114 – Traffic Ordinance 15 Article VII. STOPPING, STANDING AND PARKING 16 17 Sec. 114-565. - No parking at entrances to certain buildings. 18 19 The chief of police, with the approval of the city council planning/streets and 20 traffic committee, may establish no parking areas appropriately marked at the principal 21 street entrances to all schools, hospitals, post offices, churches, theaters, hotels, 22 libraries, passenger transportation depots, government-owned and -occupied buildings, 23 and eleemosynary charitable institutions, with such conditions as may be considered 24 proper by the chief of police approved by the city council planning/streets and traffic 25 committee. 26 27 Sec. 114-575. – Procedure for establishment of loading zones; conditions 28 governing; loading zone record. 29 30 (a) The director of the traffic, parking and transportation department shall have 31 authority, in the manner provided in this section, to establish and lay off loading zones 32 upon the streets of the city. 33 (b) Loading zones may be established by the director of the traffic, parking and 34 transportation department upon approval by the city council planning/streets and traffic 35 committee. Such zones shall be for the sole purpose of providing on-street facilities for Page | 2 of 36 the loading and unloading of commodities and equipment in the conduct of business 37 and where no adequate off-street loading facilities are available. 38 (c) The director of the traffic, parking, and transportation department, with the 39 approval of the city council planning/streets and traffic committee, may, with respect to 40 the establishment of any such loading zone, prescribe limitations as to curb space and 41 the time of day within which such loading zone may be used, which shall be designated 42 by appropriate signs. 43 (d) Any citizen may apply for the establishment of a loading zone. Such 44 application shall be submitted in writing to the director of the traffic, parking, and 45 transportation department on a form to be prescribed by him or her and approved by 46 the city council planning/streets and traffic committee. 47 (e) All loading zones established under this section may be abolished by the 48 director of the traffic, parking, and transportation department by and with the approval 49 of the city council planning/streets and traffic committee. 50 (f) Any applicant for the establishment of a loading zone whose application has 51 been denied by the abolition of any such loading zone may appeal such action to the 52 city council, whose action on such appeal shall be final. 53 (g) The traffic, parking and transportation department shall keep an accurate 54 record of all loading zones established under this section, showing the date when such 55 loading zone was established, its location, and the special limitations, if any, attached to 56 the zone. 57 58 Sec. 114-576. – Permitted uses of loading zones. 59 60 No person shall stop, stand or park any vehicle for any purpose or any length of 61 time in any space designated as a loading zone by the Director of the Traffic, Parking 62 and Transportation Department under and pursuant to the provisions of section 114- 63 575, except while such vehicle is being used in the business of loading or unloading as 64 provided in section 114-575 and has a loading zone permit. In no case shall a lawful 65 stop within a loading zone exceed one-half hour, except where special permission from 66 the Director of the Traffic, Parking and Transportation Department has been obtained 67 for such extension. Any vehicle stopping, standing or parking in a loading zone 68 established by the Director of the Traffic, Parking and Transportation Department 69 pursuant to section 114-575, for any purpose other than loading or unloading as 70 provided in section 114-575 of this Code may be impounded by the police department 71 pursuant to the provisions of section 114-552. 72 73 Sec. 114-578. – Residential permit parking. 74 75 (a) Residential permit parking area designation: A residential permit parking area 76 may only be established in areas of the city zoned R-O, R-2, R-4, R-6, and R-8. A 77 residential permit parking area may be established by filing a petition with the city traffic 78 engineering department upon a form to be prescribed by the traffic engineering 79 department and approved by the city council planning/streets and traffic committee. The 80 cost of the permits must be stated on the form. Page | 3 of  81 (1) The petition must contain the boundaries of the area sought for residential 82 permit parking, the number of residential units in the area, the address of each 83 residential unit in the area, the license numbers for all vehicles owned by the residents 84 of each residential unit in the proposed area, and the reason that the residential permit 85 parking area is requested. The petition must be signed by at least one resident of a 86 minimum of 67 percent of the residential units in the proposed area. The petition must 87 set forth the hours during which the applicant is seeking restricted residential permit 88 parking. 89 (2) Residential permit parking may be sought for day time hours (8:00 a.m. to 90 6:00 p.m.), night time hours (6:00 p.m. to 8:00 a.m.), or on a 24-hour basis. A 91 nonrefundable filing fee of $100.00 must accompany the petition. Upon filing, a copy of 92 the petition shall be promptly provided to the ward councilperson. 93 (3) Upon receipt of the petition and the filing fee, the City of Charleston Traffic 94 Engineering Department shall verify the names, addresses, and vehicle information on 95 the petition. The traffic engineering department shall then cause appropriate traffic 96 surveys to be conducted in the area sought for residential permit parking. If the traffic 97 engineering surveys find that on average 80 percent of the available on street parking 98 spaces are occupied and more than 50 percent of the vehicles parked in the area 99 belong to nonresidents, then the area is eligible for designation as a residential permit 100 parking area, and the petition and the results of the survey shall be transmitted to the 101 ward councilperson. The ward councilperson shall submit a bill to designate the area as 102 a residential permit parking area to city council for consideration. The bill shall be 103 referred to council's committee on planning/streets and traffic which will report to 104 council its recommendation. City council shall make its decision on whether to 105 designate area based upon the recommendation from its committee on planning/streets 106 and traffic, the recommendation from the traffic engineeringdepartment, input from 107 members of the public and any other material information. 108 (b) Authorized permits: If a residential permit parking area is established by city 109 council, each residential unit in the residential permit parking area may obtain a 110 maximum of two permits for specific vehicles owned by the residents. One visitor permit 111 per residential unit may also be obtained. Owners of nonresidential buildings within the 112 designated areas may purchase one visitor permit to be used by the owner or his or her 113 designee. Exception: A resident experiencing a health condition or disability which 114 substantially impairs the resident and results in a need for special in-home medical care 115 and attention, including, but not limited to, assistance by family members or other 116 caregivers, may request up to three additional visitor permits. The request shall be 117 made by the resident to the Traffic Commander of the Charleston Police Department 118 director of parking. Additional permits shall not be issued unless the resident is able to 119 provide credible evidence satisfactory to the city of the qualifying health condition or 120 disability and the necessity of special in-home medical care, attention and assistance; 121 said evidence shall, at a minimum, consist of a signed statement from a physician 122 verifying the health condition or disability and the necessity of the special in-home 123 medical care, attention and assistance. The issuance of additional permits shall be at 124 the discretion of the Traffic Commander of the Charleston Police Department director of 125 parking, in consultation with the director of traffic, based on the circumstances and 126 evidence provided by the resident. Any additional permits issued pursuant to this Page | 4 of 127 exception shall be valid for the period of time approved by the traffic commander 128 director of parking not to exceed a year. Additional permits shall cost $25.00 per year. A 129 resident may apply hereunder each year. 130 (1) Each permit will be valid for one year. The cost for each residential parking 131 permit and visitor permit is $25.00 per permit annually. 132 (2) The permits shall be issued and used in accordance with the residential 133 permit parking policy established by council. 134 Notwithstanding the foregoing provisions, the Traffic Commander of the 135 Charleston Police Department director of parking, in consultation with the director of 136 traffic, shall have discretion to issue a temporary permit, at no cost and not to exceed 137 one calendar year unless thereafter renewed, to a licensed health care provider, 138 including, but not limited to, a hospital, Hospice, doctor, nurse, or physical therapist, 139 upon request by the provider and upon sufficient proof satisfactory to the city that the 140 certified health care provider is administering necessary in-home medical care, 141 attention or assistance to a person who resides in a residential permit parking area. 142 (c) Violations: Any vehicle parking in a residential permit parking area in violation 143 of the terms of this ordinance shall be subject to a fine of $75.00 and/or shall be 144 impounded in accordance with the provisions of section 31-209 114-121 through 114- 145 131 and any associated rules or regulations. Vehicles of persons making deliveries or 146 providing service, including but not limited to, home maintenance or repair, utility 147 installation or repair, medical treatment or care, yard maintenance, or other similar 148 services, to residential units within the permit area may be parked without a permit for 149 the duration of the delivery or the provision of service. 150 (1) Any residential permit parking area in the City of Charleston established prior 151 to the adoption of this ordinance shall be subject to the provisions of subparagraphs (b) 152 and (c). 153 (d) Decertification procedure: A residential parking area may be decertified if at 154 least one resident of a minimum of 67 percent of the residential units in the designated 155 area sign and file a petition with the city traffic engineering department requesting 156 elimination of the residential permit parking area designation. Such an application for 157 decertification must be accompanied by a nonrefundable filing fee of $100.00. Upon 158 receipt of the petition and the filing fee, the city traffic engineering department shall 159 verify the names and addresses on the petition. Once the names and addresses are 160 verified as area residential unit owners, a copy of the petition shall be promptly provided 161 to the ward councilperson. The ward councilperson shall submit a bill to decertify the 162 area as a residential permit parking area to city council for consideration. The bill shall 163 be referred to council's committee on planning/streets and traffic which will report to 164 council its recommendation. City council shall make its decision on whether to decertify 165 the area based upon the recommendation from its committee on planning/streets and 166 traffic, the recommendation from the traffic engineering department, input from 167 members of the public and any other material information. 168 169 Sec. 114-602. - Management of and regulations governing city-owned lots and 170 buildings. 171 Page | 5 of 172 (a) Unless otherwise provided herein, all parking lots and parking buildings 173 owned or operated by the city shall be operated under the control and management of 174 the parking facilities committee, who are hereby authorized to promulgate rules and 175 regulations governing such usage not inconsistent herewith. There shall be a Director of 176 Traffic, Parking, and Transportation, who shall be the department head with the 177 responsibility and authority to carry out the efficient administration of the provisions of 178 this section and the any associated rules and regulations, promulgated by the parking 179 facilities committee, including but not limited to the authority and discretion to enter into 180 and suspend agreements to lease parking spaces on a month to month basis, set days 181 and hours of operation, collect and adjust parking fees and fines, and to make 182 provisions for special events or open rent-free parking when deemed in the best interest 183 of the city. 184 (b) Motor vehicles shall be parked, placed, handled and driven into, from, in and 185 on such parking lots and such parking buildings in accordance with the applicable laws 186 and ordinances of the city relative to traffic upon the streets in the city, and in 187 accordance with the any rules and regulations respecting usage of such parking lots 188 and parking buildings which are adopted and promulgated by the parking facilities 189 committee and in accordance with the directions, instructions and order of the Director 190 of Traffic, Parking and Transportation or official city attendants at any such lot or 191 building. 192 (c) It shall be unlawful for any person or vehicle to block any driveway or 193 passageway in or upon such parking lots or parking buildings, or for persons to leave or 194 park cars therein contrary to the applicable ordinances, rules and regulations and 195 instructions of attendants, as aforesaid, or without paying the required rental fees. 196 (d) No fees or charges shall be required for metered or unmetered spaces in 197 such lots or buildings at times other than those expressly posted at the site, or when 198 provisions have been made for event parking, or as expressly provided herein. 199 (1) Specific unmetered spaces may be reserved from 7:00 a.m. through 5:00 200 p.m., Monday through Friday, by paid-up lease on a month to month basis according to 201 the rates identified in this section; provided, nothing herein shall preclude the Director 202 for good cause from designating spaces as assigned or reserved at other times. 203 (2) All fees for monthly rentals shall be paid in advance prior to the first day of 204 the month; provided, the rental fee for the initial month of any newly activated account 205 may be prorated based upon the date of activation. 206 (3) An administration fee of $15.00 per space shall be charged to any account 207 that is delinquent past the tenth day of the month. The director of parking shall provide 208 notice of the assessment of the administrative fee with the further statement that if the 209 account is delinquent past the twentieth day of the month, then the account will be 210 considered closed and the vehicle associated with the account will be treated as a 211 typical vehicle without a monthly account. 212 (4) An administration fee of $10.00 per space shall apply for the activation of any 213 monthly rental agreement, or the replacement of an electronic entry key or any placard 214 or decal provided to identify license or assignment of a reserved space. or in addition to 215 any accrued late charges to reactivate an account that has remained delinquent past 216 the last day of the month. Page | 6 of 217 (5) Nothing herein shall preclude the immediate revocation and/or reassignment 218 of parking privileges in the event of nonpayment or a violation of the rules. 219 (6) Unless otherwise provided herein, Event Parking at any city-operated lot or 220 building shall be at the minimum rate of $3.00 per vehicle. 221 (e) City Off-Street Lots. The daily rental fee for each separate usage of any 222 single parking space on any city owned or operated parking lot not specifically set forth 223 below shall be at the rate of $3.00 per day. The monthly rental fee for reserved usage 224 of any unmetered space in a city owned or operated lot not otherwise expressly set 225 forth below shall be $50.00 per month. The rental fee for each separate usage of a 226 single metered parking space in a city owned or operated off-street parking lot, not 227 otherwise expressly set forth below, shall be at the rate of $0.25 per hour. 228 (1) Municipal Auditorium. The rental fee for each separate usage of any single 229 metered parking space in the city-owned lot behind the municipal auditorium shall be 230 $0.50 per hour and the rental fee for the reserved usage of any unmetered space shall 231 be $40.00 per month. 232 (2) Summers Street Alley. The rental fee for the reserved usage of any 233 unmetered space in the Summers Street alley shall be $80.00 per month. 234 (3) West Side Lots. The rental fee for each separate usage of any single 235 metered parking space in city owned or operated lots on the West Side, Elk City district, 236 shall be $0.25 per hour and the rental fee for the reserved usage of any unmetered 237 space shall be $35.00 per month. 238 (4) Morris Street Lot. The rental for each separate usage of any space that is not 239 otherwise made available for metered parking in the city-owned Morris Street lot shall 240 be $40.00 per month; provided, any such rented space which is unoccupied at the 241 commencement of an event parking period shall be available for event parking on a first 242 come first served basis and subject to the event parking rate. 243 (5) Smith Street Lot. The rental for each separate usage of any space that is not 244 otherwise made available for metered parking in the city-owned Smith Street lot shall be 245 $30.00 per month; provided, any such rented space which is unoccupied at the 246 commencement of an event parking period shall be available for event parking on a first 247 come first served basis and subject to the event parking rate. 248 (6) Union Building Parking Lot. The monthly rental rate for each parking space at 249 the city-owned Union Building Parking Lot located between Kanawha Boulevard and 250 the Kanawha River just east of the Union Building shall be at a rate of $70.00 per 251 month; provided, any such rented space which is unoccupied at the commencement of 252 an event parking period shall be available for event parking on a first come first served 253 basis and subject to the event parking rate. 254 (f) City Parking Buildings. Unless otherwise provided herein, the following 255 provisions of this section shall apply to city-owned parking buildings. 256 (1) Parking Building No. 1—McFarland Street Garage. The rental fee for the 257 reserved usage of any unmetered space on Floor 6 or above in Building No. 1 shall be 258 $45.00 per month; on all other floors, the rental fee shall be $65.00 per month. 259 (2) Parking Building No. 2—Washington Street Garage. The rental fee for the 260 reserved usage of any unmetered space in Parking Building No. 2 shall be $35.00 per 261 month. Page | 7 of 262 (3) Parking Building No. 3—Convention Center North/Greyhound Garage. 263 Parking Building No. 3 shall be under the control and management of the Charleston 264 Coliseum and Convention Center. Unless a Charleston Coliseum and Convention 265 Center Rate Ordinance provides for other or additional fees for parking in Building No. 266 3, event or daily parking shall be the rate of $3.00 per vehicle; monthly parking shall be 267 at the rate of $25.00 per vehicle. 268 (4) Parking Building No. 4—Convention Center South/Quarrier Street Garage. 269 Parking Building No. 4 shall be under the control and management of the Charleston 270 Coliseum and Convention Center. Unless the Charleston Coliseum and Convention 271 Center Rate Ordinance provides for other or additional fees for parking in Building No. 272 4, event or daily parking shall be the rate of $3.00 per vehicle; monthly parking shall be 273 at the rate of $25.00 per vehicle. 274 (5) Parking Building No. 5—Shanklin/City Hall Garage. The rental fee for the 275 reserved usage of any unmetered space on Floor 4 and above in Parking Building No. 5 276 shall be $45.00 per month; on all other floors, the rental fee shall be $65.00 per month. 277 (6) Parking Building No. 6—Summers Street Garage. The rental fee for the 278 reserved usage of any unmetered space in Parking Building No. 6 shall be $80.00 per 279 month. 280 (7) The Director shall designate no fewer than 20 spaces at the lowest or most 281 convenient level practical within each city-owned parking building and equip the same 282 with SMART meters for the use of daily or itinerate parkers, and shall designate as 283 many spaces as practical on the unsheltered rooftop of each building and equip the 284 same with mechanical meters for the use of daily or itinerate parkers; provided, this 285 provision shall not apply to Buildings No. 3 or No. 4 which shall be controlled and 286 operated by the Charleston Coliseum and Convention Center; provided further, that this 287 provision shall not apply to Building No. 2, which shall be controlled and operated by 288 the director of parking consistent with the provisions of subdivision (10) of this 289 subsection. 290 (8) The rental fee for each separate usage of a SMART metered parking space 291 in a city-owned parking building shall be $1.00 per hour between the hours of 7:00 a.m. 292 and 5:00 p.m., Monday through Friday. 293 (9) The rental fee for each separate usage of a single metered parking space on 294 the rooftop of a city-owned parking building shall be at the rate of $0.25 per hour, from 295 7:00 a.m. through 5:00 p.m., Monday through Friday. 296 (10) Parking Building No. 2 will continue to be operated with an electronic entry 297 key and ticketed system at the direction of the director of parking. Parking in Parking 298 Building No. 2 shall be free on Saturdays, Sundays, and holidays. The director of 299 parking has the authority to set parking rates for the building and to set hours during 300 which parking rates are charged and collected on Monday through Friday, excluding 301 holidays, provided that the hours during which parking rates are charged shall begin no 302 later than 9:00 a.m. and end no earlier than 5:00 p.m. The hours during which the 303 parking booth may be attended and actively collecting parking fees may be set at the 304 discretion of the director of parking. The discretion given to the director of parking in this 305 subdivision is subject to active lease agreements maintained by the City with tenants of 306 Parking Building No. 2. 307 Page | 8 of 308 Sec. 114-622. - Per-hour parking fees established. 309 310 In the areas bounded by Leon Sullivan Way on the east, Kanawha Boulevard on 311 the south, Elk River on the west, and Piedmont Road on the north, the rental fee for use 312 of any single on-street metered parking meters at the rate of $0.50 per hour as required 313 by the instructions printed upon each meter. Beginning on February 5, 2018, and 314 continuing thereafter, the rental fee for use of single on-street metered parking in the 315 following areas will be according to the following schedule with no maximum parking 316 time, as required by the instructions printed upon each meter: 317 318 Rate of $1.00 per hour: 319 400 block of Laidley Street 320 500 and 600 block of Donnally Street 321 322 Rate of $.25 per hour: 323 500 block of Summers Street 324 700 and 800 block of Donnally Street 325 500 and 600 block of Capitol Street 326 600 block of Eagan Street 327 700 and 800 block of Christopher Street 328 300, 400 and 500 block of Dickenson St. 329 300, 400 and 500 block of Leon Sullivan Way 330 300, 400, 500, 600 block of Morris Street 331 1200 block of Lewis Street 332 1000, 1100, and 1200 block of Washington Street 333 1100 and 1200 block of Virginia Street East 334 335 Beginning on May 21, 2018, or upon installation of web-based parking meters, 336 whichever occurs later, and continuing thereafter, the rental fee for use of single on- 337 street metered parking, and maximum parking times in the following areas will be 338 according to the following schedule, as required by the instructions printed upon each 339 meter: 340 341 Rate of $1.00 for first hour, $1.50 for second hour, and an additional $1.50 for the third 342 hour with a 3-hour maximum time: 343 100 and 200 block of Hale Street 344 Unit block of Dunbar Street 345 200 block of Leon Sullivan Way 346 Unit block to 400 block of Capital Street 347 Unit block to 300 block of Summers Street 348 Unit block to 300 block of Laidley 349 800 block of Kanawha Blvd. 350 1000 block of Virginia Street East 351 500 to 1000 block of Quarrier Street 352 Page | 9 of 353 Provided, where it is determined by the planning/streets and traffic committee 354 that there is a need for further regulation and control of vehicles parking within this 355 area, the city may designate individual on-street metered parking spaces within this 356 area to allow for less than the maximum of three hours at a rate of not more than $0.50 357 per 15-minute increments. Any such parking space shall have the time restrictions and 358 rates printed upon each meter. 359 360 If the city consents to temporarily bagging or removing a meter to accommodate 361 construction or other activity, the rental fee shall be $15.00 per day or any portion of a 362 day for each such meter. 363 364 Sec. 114-628. - Parking spaces; erecting and relocating meters. 365 366 The director of traffic engineer shall have authority, upon the approval of the 367 planning/streets and traffic committee of the city council, to designate all the streets 368 where parking meters shall be permitted; and on all such streets or parts so designated 369 or as shall be made available and designated for parking, the director of traffic, 370 engineer, with the approval of the committee, may: 371 (1) Cause parking spaces approximately 20 feet in length to be marked by lines 372 on the curb or pavement or by other appropriate markings; 373 (2) On the sidewalks adjacent to each such parking space, cause to be erected 374 parking meters upon which the deposit of a coin will indicate the duration of the legal 375 parking period and the time when such period has elapsed; and 376 (3) Change the location of the parking space and meters on such streets where 377 they are erected and located and cause such parking meters as located to be moved, 378 transferred and erected on the sidewalks opposite from where such parking spaces are 379 located. 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