RESIDENTIAL PERMIT PARKING PROGRAM

Codified Ordinances of Cleveland pt. FOUR, tit. VII, ch. 461

in effect

Codified Ordinances of Cleveland § 461.01 Legislative Purpose

§ 461.01 Legislative Purpose This chapter is enacted in response to the serious adverse effects caused certain areas and neighborhoods of the City of Cleveland by motor vehicle congestion, particularly the long-term parking of motor vehicles on the streets of such areas and neighborhoods by non- residents thereof, together with a lack of driveways and garages in certain neighborhoods. As set forth in more specific detail in Section 461.02 of this chapter, such long-term parking by non-residents threatens the health, safety and welfare of many of the residents of the City of Cleveland. In order to protect and promote the integrity of these areas and neighborhoods, it is necessary to enact parking regulations, restricting unlimited parking by non-residents therein, while providing the opportunity for residents to park near their homes. Uniform parking regulations restricting residents and non-residents alike would not serve the public interest. Rather, such regulation would contribute to neighborhood decline while ignoring the public transit alternatives to automobile travel available to non-residents. For the reasons set forth in the chapter, a system of preferential resident parking is enacted hereby for the City of Cleveland. (Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)

Codified Ordinances of Cleveland § 461.02 Legislative Findings

§ 461.02 Legislative Findings (a) General Finding. The Council finds as a result of public testimony evidence generated by both professional urban planning studies and derived from other sources, that the continued vitality of the City depends on the preservation of safe, healthy and attractive neighborhoods and other residential areas therein. The Council further finds that the flight of residents and property owners from major metropolitan cities can be traced in part to the deterioration of such cities as attractive and comfortable places in which to reside. The Council further finds that one (1) factor that has contributed to this deterioration in the city is the excessive and burdensome practice of non-residents of certain areas and neighborhoods parking their motor vehicles for extended periods of time therein. Since there is in the city at any time a large surplus of motor vehicles over available on- and off-street parking spaces, this condition detracts from a healthy and complete urban environment. A system of preferential resident parking will serve to reduce a number of strains on residents of the city and thus promote the general public welfare. (b) Specific Findings. The following specific legislative findings of the Council in support of preferential resident parking are set forth as illustrations of the need compelling the enactment of this chapter. They are intended as illustrations only and do not exhaust the subject of the factual basis supporting its adoption: (1) The safety, health and welfare of the residents of the city can be greatly enhanced by maintenance of the attractiveness, convenience and livability of its neighborhoods and other residential areas; (2) It is a fact of modern living in the city that a large portion of Cleveland residents possess automobiles and as a result are daily faced with the need to store these automobiles in or near their residences; (3) Certain neighborhoods and areas of the city do not have sufficient on- or off-street space to accommodate the convenient parking of motor vehicles by residents thereof in the vicinity of their homes; (4) Such areas as described in (3) above are often further burdened by influxes of motor vehicles owned by non-residents which compete for the inadequate available on-street parking spaces; (5) There further exists certain parking “attractors” within the city, i.e., hospital and university complexes, mass transit stations and terminals, and locations convenient for commuter parking, which further exacerbate resident parking problems; (6) Unnecessary vehicles miles, noise, pollution and strains on interpersonal relationships caused by the conditions set forth herein work unacceptable hardships on residents of these neighborhoods and other residential areas by causing the deterioration of air quality, safety, tranquility and other values available in an urban residential environment; (7) If allowed to continue unchecked, these adverse effects on the residents of the city will contribute to a further decline of the living conditions therein, a reduction in the attractiveness of residing within said city, and consequent injury to the general public welfare; (8) A system of preferential resident parking as enacted in this chapter will serve to promote the safety, health and welfare of all the residents of the city by reducing unnecessary personal motor vehicle travel, noise and pollution, and by promoting improvements in air quality, the convenience and attractiveness of urban residential living, and the increased use of public mass transit facilities available now and in the future. The public welfare will also be served by ensuring a more stable and valuable property tax base in order to generate the revenues necessary to provide essential public services. (Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)

Codified Ordinances of Cleveland § 461.03 Definitions

§ 461.03 Definitions (a) “Residential area” shall mean a contiguous or nearly contiguous area containing public streets and highways or parts thereof where residents dwell; (b) “Legal resident” shall mean a person who either owns or leases real estate as set forth in subsections (d) and (e) of this section; (c) “Residential permit parking area” shall mean a residential area designated as herein provided wherein resident motor vehicles displaying a valid permit as described herein shall be exempt from parking time restrictions established pursuant to this chapter; (d) “Owns” shall mean that a person has at least a one-quarter (1/4) interest in a parcel of real property within a residential permit parking area; (e) “Lease” shall mean that a person pays rent or other remuneration for use of a parcel of real property as his or her residence or place of business; (f) “Motor vehicle” shall include an automobile, truck, motorcycle or other motor-driven form of transportation not in excess of six thousand (6,000) pounds gross weight; (g) “Person” shall mean a natural person. (Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)

Codified Ordinances of Cleveland § 461.04 Designation of Residential Permit Parking Areas

§ 461.04 Designation of Residential Permit Parking Areas The Council shall, upon recommendation of the Councilmen and the Director of the Department of Public Safety, consider for designation as residential permit parking areas those residential areas meeting and satisfying the objective criteria therefor established in this chapter. It may in its discretion then designate by resolution certain residential areas as residential permit parking areas in which resident motor vehicles displaying a valid parking permit may stand or be parked without limitation by parking time restrictions established by this chapter. Said resolution shall also state the applicable time limitation and period of the day for its application. (Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)

Codified Ordinances of Cleveland § 461.05 Designation Criteria

§ 461.05 Designation Criteria (a) A residential area shall be deemed eligible for consideration as a residential permit parking area if based on surveys and studies prepared at the direction of the Director of the Department of Public Safety, or his or her designee, objective criteria establish that the residential area is overcrowded with commuter vehicles for any extended period during the day or night, or weekends, or during holidays. Such objective criteria shall include a minimum numerical standard for assessing overcrowded parking throughout the City. (b) In determining whether a residential area identified as eligible for residential permit parking may be designated as a residential permit parking area, the Director of the Department of Public Safety and the Council shall take into account factors which include, but are not limited to the following: (1) The extent to which legal on-street parking spaces are occupied by motor vehicles during the period proposed for parking restriction; (2) The extent to which vehicles parking in the area during the period proposed for parking restrictions are commuter vehicles rather than resident vehicles; (3) The extent to which residents of the residential area cannot obtain adequate curbside parking adjacent to or near their residences because of widespread use of available curbside parking spaces by non-resident motorists; (4) The extent to which motor vehicles registered to persons resident in the residential area cannot be accommodated by the number of available off-street parking spaces; (5) The extent of noise, pollution, hazardous conditions and deterioration of the residential environment as a result of traffic congestion and insufficient parking in the area; (6) The extent to which the designation of a residential permit parking area would be likely to reduce traffic congestion and the other problems referred to in subsection (b)(5); (7) The extent of need for parking in the residential area for use by the general public; and (8) The possibility of defraying the administrative costs in connection with the designation of a residential permit parking area. (Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)

Codified Ordinances of Cleveland § 461.06 Designation Process

§ 461.06 Designation Process (a) Upon receipt of verified petition by residents of at least two hundred fifty (250) dwelling units in the residential area proposed for designation or residents living in eighty percent (80%) of the living units in the area proposed for designation, the Director of the Department of Public Safety or his or her designee shall undertake or cause to be undertaken such surveys or studies as are deemed necessary to determine whether a residential area is eligible for residential permit parking. Such surveys or studies shall be completed within ninety (90) days of receipt of a petition calling for such surveys or studies to be undertaken, unless otherwise provided by the Council. (b) Within thirty (30) days of the completion of surveys and studies to determine whether designation criteria are met, the Director of the Department of Public Safety or his or her designee shall notice as herein provided a public hearing or hearings in or as close to the neighborhood as possible on the subject of the eligibility of the residential area under consideration for residential permit parking. Said hearing or hearings shall be conducted for the purpose of ascertaining boundaries for the proposed residential permit parking area, as well as the appropriate time limitation on parking and the period of the day for its application. Notice of the public hearing or hearings provided for herein shall be published in the City Record and one (1) or more newspapers of general circulation in the City at least ten (10) days before the hearing date and circularized generally in the neighborhood. The notice shall clearly state the purposes of the hearing, the location and boundaries tentatively considered for the proposed residential permit parking area and, if applicable, the permit fee to be charged therefor. During such hearing or hearings, any interested person shall be entitled to appear and be heard, subject to appropriate rules of order adopted by the Director of the Department of Public Safety or his or her designee. (Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)

Codified Ordinances of Cleveland § 461.07 Recommendation of the Director of the Department of Public Safety

§ 461.07 Recommendation of the Director of the Department of Public Safety (a) Within sixty (60) days of the completion of the hearing or hearings conducted with regard to a particular residential area, the Director of the Department of Public Safety shall recommend by written report to the Council, based on the record of such hearing or hearings and the surveys and studies performed, whether to designate the residential area under consideration as a residential permit parking area. (b) In the report of the Director of the Department of Public Safety, he or she shall set forth the evidence generated as a result of surveys and studies performed, significant subjects and concerns raised at the public hearing or hearings conducted, the findings relative to those designation criteria listed in Section 461.05 deemed applicable to the residential area and conclusions as to whether the findings justify preferential residential parking for that particular area, a proposed time limitation and period of the day for its application. (c) The designation process and designation criteria set forth in this chapter shall also be utilized by the Director of the Department of Public Safety and the Council in determining whether to remove designation as a residential permit parking area from a particular residential area. (Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)

Codified Ordinances of Cleveland § 461.08 Issuance of Permits

§ 461.08 Issuance of Permits (a) Parking permits shall be issued by the Commissioner of Assessments and Licenses. Each such permit shall be designated by the Commissioner of Assessments and Licenses to state or reflect thereon the particular residential permit parking area, as well as the license number of the motor vehicle for which it is issued. No more than one (1) parking permit shall be issued to each motor vehicle for which application is made. The Director of the Department of Public Safety is authorized to issue such rules and regulations, not inconsistent with this chapter, governing the manner in which persons shall qualify for parking permits. (b) Unless otherwise specified in the resolution designating a residential permit parking area, parking permits may be issued for motor vehicles only upon application of the following persons: (1) A legal resident of the residential permit parking area who has a motor vehicle registered in his or her name, or has a motor vehicle for his or her exclusive use and under his or her control; (2) A person who owns or leases commercial property and actively engages in business activity within a residential permit parking area. However, no more than one (1) parking permit may be issued for each business establishment for a motor vehicle registered to or under the control of such a person. (c) Proof of residency or ownership shall be demonstrated in a manner determined by the Director of the Department of Public Safety. (d) Proof of motor vehicle ownership or vehicle use and control shall be demonstrated in a manner determined by the Director of the Department of Public Safety. (Ord. No. 1368-05. Passed 12-5-05, eff. 12-12-05)

Codified Ordinances of Cleveland § 461.09 Visitor Permits

§ 461.09 Visitor Permits The Commissioner of Assessments and Licenses is authorized upon application to issue parking permits to residents of a residential permit parking area for use of bona fide transient visitors therein. Such a visitor permit shall have all the rights and privileges of a regular permit. A visitor permit shall be valid for no more than fourteen (14) days from the date of issuance. No resident of a residential permit parking area shall be issued more than two (2) visitor permits at any one (1) time. (Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)

Codified Ordinances of Cleveland § 461.10 Posting of Residential Permit Parking Area

§ 461.10 Posting of Residential Permit Parking Area Upon the adoption by the Council of a resolution designating a residential permit parking area, the Director of the Department of Public Safety shall cause appropriate signs to be erected in the area, indicating prominently thereon the time limitation, period of the day for its application, and conditions under which permit parking shall be exempt therefrom. (Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)

Codified Ordinances of Cleveland § 461.11 Display of Permits

§ 461.11 Display of Permits Permits shall be displayed in a manner determined by the Chief of Police. (Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)

Codified Ordinances of Cleveland § 461.12 Permit Parking Exemption

§ 461.12 Permit Parking Exemption A resident motor vehicle on which is displayed a valid parking permit as provided for herein shall be permitted to stand or be parking in the residential permit parking area for which the permit has been issued without being limited by time restrictions established pursuant to this chapter. Said resident motor vehicle shall not be exempt from parking restrictions or prohibitions established pursuant to authority other than this chapter. All other motor vehicles parked within a residential permit parking area shall be subject to the time restrictions adopted as provided in this chapter, as well as the penalties provided for herein. A residential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated residential permit parking area. (Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)

Codified Ordinances of Cleveland § 461.13 Application for and Duration of Permit

§ 461.13 Application for and Duration of Permit Each parking permit issued by the Commissioner of Assessments and Licenses shall be valid for one (1) year from the date established by the Commissioner of Assessments and Licenses. Permits may be renewed annually upon re-application in the manner required by the Commissioner of Assessments and Licenses. Each application or re-application for a parking permit shall contain information sufficient to identify the applicant, his or her residence address or address of real property owned or leased within a residential permit parking area, and the license number of the motor vehicle for which application is made, and such other information that may be deemed relevant by the Commissioner of Assessments and Licenses. (Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)

Codified Ordinances of Cleveland § 461.14 Permit Fees

§ 461.14 Permit Fees The fee for a residential parking permit shall be ten dollars ($10.00) if purchased in the first six (6) months of the permit year or five dollars ($5.00) if purchased in the last six (6) months of the permit year for each vehicle applied for by an eligible applicant. There shall be a one dollar ($1.00) transfer charge for those with permits in one (1) residential permit parking area who move to another residential permit parking area and apply for a permit in the new area of residence. In such cases, the new permit shall expire at the same time as the former permit would have. (Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

Codified Ordinances of Cleveland § 461.15 Prohibitions

§ 461.15 Prohibitions (a) It shall be unlawful, unless expressly provided to the contrary herein, for any person to stand or park a motor vehicle of a gross weight exceeding fifty (50) pounds for a period exceeding the time limitation established pursuant hereto. (b) It shall be unlawful for a person to falsely represent himself or herself as eligible for a parking permit or to furnish false information in an application therefor to the Commissioner of Assessments and Licenses. (c) It shall be unlawful for a person holding a valid parking permit issued pursuant hereto to permit the use or display of such permit on a motor vehicle other than that for which the permit is issued. Such conduct shall constitute an unlawful act, both by the person holding the valid parking permit and the person who so uses or displays the permit on a motor vehicle other than that for which it is issued. (d) It shall be unlawful for a person to copy, produce, or otherwise bring into existence a facsimile or counterfeit parking permit or permits without written authorization from the Commissioner of Assessments and Licenses. It shall further be unlawful for a person to knowingly use or display a facsimile or counterfeit parking permit in order to evade time limitations on parking applicable in a residential permit parking area. (Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)

Codified Ordinances of Cleveland § 461.16 Revocation of Permit

§ 461.16 Revocation of Permit The Commissioner of Assessments and Licenses is authorized to revoke the residential parking permit of any person found to be in violation of this chapter and, upon written notification thereof, the person shall surrender such permit to the Commissioner of Assessments and Licenses. Failure, when so requested, to surrender a residential parking permit so revoked shall constitute a violation of law and of this chapter. (Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)

Codified Ordinances of Cleveland § 461.17 Severability

§ 461.17 Severability The provisions of this chapter are severable and if any provision, clause, sentence, subsection, section, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, sections, words or parts of the chapter of their application to other persons or circumstances. It is hereby declared to be the legislative intent that this chapter would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, section, word or part had not been included therein, or if such person or circumstance to which the chapter or part thereof is held inapplicable had been specifically exempted therefrom. (Ord. No. 942-83. Passed 6-4-84. Renumbered by Ord. No. 1856-84. Passed 10-29-84)

Codified Ordinances of Cleveland § 461.99 Penalty

§ 461.99 Penalty (a) Whoever violates any provision of divisions (c) or (d) of Section 461.15 is guilty of a minor misdemeanor. (b) Whoever violates any provision of division (b) of Section 461.15 is guilty of a misdemeanor of the fourth degree. (Ord. No. 1398-89. Passed 6-19-89, eff. 6-28-89)

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-24854Fetched: 11/1/2026