It is the intent and purpose of this chapter to address the findings by the city council that automobiles parked on streets located near certain public schools cause traffic congestion on such streets which threaten the health, safety, and welfare of the public, particularly children. It is deemed necessary by the city council to restrict parking on such streets to persons residing within such areas in order to eliminate traffic hazards and reduce traffic congestion. (Ord. 1078 §1, 1994)

The traffic engineer is hereby authorized to issue parking permits in accordance with the provisions of this chapter to allow the on-street parking of motor vehicles by residents of blocks designated by the traffic engineer as restricted parking areas. (Ord. 1078 §1, 1994)

(A) In a block which has been designated as a restricted parking area and in which have been erected signs that conform to the requirements of law, on-street parking of motor vehicles shall be prohibited between the hours of 6:00 a.m. and 6:00 p.m. from August 15 to June 15, except for Saturdays, Sundays, and holidays, unless there is properly displayed in the vehicle the permit provided for in section 10-06-060, B.M.C. For purposes of this chapter, such a permit is properly displayed only when it is located on the dashboard of the vehicle in front of the driver's seat and the date of expiration of the permit is clearly visible through the windshield of the vehicle.

(B) The owner or the driver, or both, of any vehicle that is parked in violation of this article shall be subject to the penalty provided for in section 10-06-090, B.M.C. (Ord. 1078 §1, 1994)

In order to qualify as a "restricted parking area," the block shall meet the following criteria:

(A) The block or some part thereof shall fall within one-quarter mile of the closest property line of an elementary school, junior high school, middle school, or high school;

(B) A written petition signed by no less than two-thirds of the property owners of the block shall be submitted to the traffic engineer requesting that the block be designated as a restricted parking area; and

(C) The block cannot be part of the state highway system as that term is defined by section 43-2-101, C.R.S.

If all of the above criteria are met, the traffic engineer may designate the block as a restricted parking area. (Ord. 1078 §1, 1994)

Signs that conform to the requirements of the law shall be erected in a block designated by the traffic engineer as a restricted parking area. The signs shall give notice that parking between the hours of 6:00 a.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted, is prohibited unless there is properly displayed in the motor vehicle a permit that is issued pursuant to section 10-06-060, B.M.C. (Ord. 1078 §1, 1994)

(A) No permit shall be issued for use on a motorcycle, moped or other two-wheeled vehicle.

(B) Except as stated in subsection (A) above, on application made to the traffic engineer or a designee thereof on forms provided by the city, the traffic engineer or such designee shall issue not more than two permits per residence when the address of the applicant is within a restricted parking area. The applicant shall on request provide a currently valid Colorado drivers license to establish that his or her residence is within the restricted parking area.

(C) The permit is issued free of charge.

(D) In order to fall within the exception to the parking prohibition in section 10-06-030 above, the permit must be displayed in the motor vehicle in the manner described in section 10-06-030, B.M.C. (Ord. 1078 §1, 1994)

The traffic engineer may remove the designation of a block as a restricted parking area if any one of the following conditions occurs:

(A) By virtue of closure of the school or change in use of the property, the block or some part thereof is no longer located within one-quarter mile to the closest property line of an elementary school, junior high school, middle school, or high school; or

(B) A written petition signed by no less than two-thirds of the property owners of the block is submitted to the traffic engineer requesting that designation of the block as a restricted parking area be removed; or

(C) The block becomes part of the state highway system as that term is defined in section 43-2-101, C.R.S. (Ord. 1078 §1, 1994)

In any prosecution of the provisions of this chapter, proof that the vehicle described in the complaint was parked or stopped in violation of this chapter, together with proof that the defendant named in the complaint was, at the time of such stopping or parking, the registered owner of the vehicle, shall constitute prima facie evidence that the defendant was the person who parked or stopped, or knowingly permitted to be parked or stopped such unattended vehicle at the place where and for the time in which such violation occurred. (Ord. 1078 §1, 1994)

A violation of this article shall be punishable by a fine not to exceed the limits established in chapter 1-12, B.M.C. (Ord. 1078 §1, 1994)

Upon application to the traffic engineer, any person licensed or registered as a contractor in the city may obtain at no cost a reasonable number of temporary permits for the vehicles of the contractor and the contractor's employees for the period of time that the contractor is engaged in work within the residential parking area for which a permit has been issued under the provisions of this chapter. (Ord. 1078 §1, 1994)

The city manager, after notice and a hearing, may revoke any permit issued pursuant to this chapter for any of the grounds set forth therein or on the ground that it has been misused. Revocation shall bar the permittee from holding any permit under this chapter for a period of one year thereafter. (Ord. 1078 §1, 1994)