[CC 1961 §28.09(C)(1); Ord. No. 2786 §1, 2-3-1986; Ord.
No. 3096 §1, 12-4-1989; Ord. No. 3407 §1, 5-19-1997]
The following words when used in this Article shall have the
meanings as set out herein:
Any automobile, truck, or other self-propelled vehicle operated
over and on the streets and highways.
Any space, plot, place, lot, or parcel of real estate where motor vehicles may be parked, stored, or housed, except hotel and motel parking lots which are adjacent and abutting the hotel or motel property and which are utilized by the hotel or motel guests and patrons only, are hereby exempt from the fees and taxes required in Section 605.330 relative to operation of a parking lot, but are subject to all the other Sections herein.
Any person, firm, partnership, association, corporation,
or organization of any kind.
[CC 1961 §28.09(C)(2); Ord. No. 2786 §1, 2-3-1986]
It shall be unlawful for any person to conduct a business of
parking or storing of motor vehicles on a parking lot or the renting
or leasing of motor vehicles without first obtaining a license therefor
in the manner hereinafter set forth.
[CC 1961 §28.09(C)(3); Ord. No. 2786 §1, 2-3-1986]
A.
Applications
for licenses required by ordinance shall be made to the Director of
Finance on the forms prepared by the Director.
B.
Along
with such form, there shall be filed a plot plan of the parking lot
showing location, exits and entrances, size of lots, attendants, buildings,
hours when attendant will be on duty, lighting rates to be charged,
and other information as required.
[CC 1961 §28.09(C)(4); Ord. No. 2786 §1, 2-3-1986]
Prior to the issuance of any business license herein, the applicant must secure an additional land use permit, pursuant to Chapter 400, Zoning, of the Municipal Code, and receive approval of the Director of Public Works relative to the construction of the parking lots and all buildings.
[CC 1961 §28.09(C)(5); Ord. No. 2786 §1, 2-3-1986; Ord.
No. 3096 §2, 12-4-1989; Ord. No. 3407 §2, 5-19-1997; Ord. No. 3487 §§1 —
4, 3-6-2000]
A.
An
annual fee for the operation of a parking lot within the City of Berkeley
shall be based on the total number of parking spaces the operator
has available.
B.
The
license fee shall be twelve dollars fifty cents ($12.50) per space.
C.
The
license fee shall be due on the first (1st) day of February of each
year or upon the opening of the parking facility and shall expire
on the thirty-first (31st) day of January of each year. Said license
fee is not transferable.
D.
This
Section shall be applicable to all public or private business entities,
commissions, boards and authorities operating a parking lot within
the City limits of Berkeley, Missouri.
[CC 1961 §28.09(C)(6); Ord. No. 2786 §1, 2-3-1986]
A.
The
City Council may revoke any parking lot or garage license if, upon
a hearing and investigation after at least ten (10) days' written
notice of the time and place of such hearing, the City Council finds:
1.
The licensee has knowingly made any false or materially incorrect
statement in the application.
2.
The licensee knowingly violates or knowingly permits or countenances
the violation of any provision of this Chapter.
3.
The licensee has made any charge for parking or storing a vehicle
other than those set forth in his/her license application.
4.
The licensee knowingly violates or knowingly permits or countenances
the violation of any provision of any penal law or ordinance regarding
theft, larceny, or conversion of a motor vehicle, or the operation
of a motor vehicle without the owner's consent, whether such licensee
or other person has been convicted of such offense or not.
5.
The licensee fails to keep an attendant on duty during the times
specified on his/her application.
[CC 1961 §28.09(C)(7); Ord. No. 2786 §1, 2-3-1986]
A.
Every
licensee shall file with the City Clerk, at the time of application
for license, a complete schedule of rates and charges to be made for
storing or parking motor vehicles on the premises to be licensed.
No licensee shall make any charge for storing or parking any
vehicle in a parking lot or garage in excess of that set forth in
his/her application for a license, unless and until he/she has:
[CC 1961 §28.09(C)(8); Ord. No. 2786 §1, 2-3-1986]
A.
Each
licensee shall maintain at each entrance to such parking lot or garage
a permanently affixed sign suitable to apprise persons using same
of the name of the licensee, the hours of the day or night when such
places are open for parking or storing motor vehicles, the rates charged,
and the closing hours of such parking lot or garage. Where more than
one (1) rate is charged for parking, the figures for each rate shall
be of the same size and dimensions, and such figures shall measure
not less than six (6) inches in height, and the letters and figures,
indicating the closing hours, shall be not less than six (6) inches
in height. All such signs shall be subject to the approval of the
Building Inspector or his/her authorized representative.
B.
Where
separate rates or charges are made for day parking and night parking,
the night rate shall become effective at 6:30 P.M., and notice thereof
shall be posted on the signs described in the preceding paragraph.
[CC 1961 §28.09(C)(9); Ord. No. 2786 §1, 2-3-1986]
No licensee shall refuse to park or store any vehicle for which
there shall be accommodation in such parking lot or garage on tender
of the stated fee for such parking.
[CC 1961 §28.09(C)(10); Ord. No. 2786 §1, 2-3-1986]
A.
When
a vehicle is left for storing or parking, the licensee of the parking
lot or garage, his/her agent, servant, or employee shall furnish the
owner or operator of said vehicle with a distinctive claim check which
shall have printed thereon the full name and address of the parking
lot or garage, a number corresponding to a coupon placed upon the
vehicle, and shall have written or stamped thereon the date and license
number of the motor vehicle. The licensee shall not deliver any vehicle
without satisfactory proof of ownership of said vehicle.
B.
This
provision shall not apply where vehicles are stored or parked on a
weekly or monthly fee basis.
C.
It
shall be unlawful to affix any parking coupon upon any vehicle so
as to obliterate in whole or in part any portion of the license plates
on such vehicle.
[CC 1961 §28.09(C)(11); Ord. No. 2786 §1, 2-3-1986]
Every application for a license hereunder shall be accompanied
by a bond, executed by a bonding or surety company authorized to do
business in the State of Missouri in the penal sum of twenty-five
thousand dollars ($25,000.00), conditioned upon the payment by the
licensee of any and all final judgments for damages resulting to persons
or property, including theft of any motor vehicle or any part or accessory
thereof, arising out of the operation or maintenance of any parking
lot or garage. Such bond shall run to the City of Berkeley for the
benefit of any person, as defined in this Chapter, who may claim redress
for property damage or theft resulting from the operation or maintenance
of such parking lot or garage. Such bond shall remain in full force
and effect for the full period of time for which the license is effective.
A liability insurance policy issued by an insurance company authorized
to do business in the State of Missouri, conforming to the requirements
of this Section, may be permitted in lieu of a bond.
[CC 1961 §28.09(C)(12); Ord. No. 2786 §1, 2-3-1986]
Every parking lot shall be paved with asphalt or other similar
paving as approved by the Director of Public Works, and be kept clean
and free of litter and debris.
[CC 1961 §28.09(C)(13); Ord. No. 2786 §1, 2-3-1986]
Every licensee shall immediately notify the Police Department
of every claim made by reason of loss, theft, or conversion, or any
damage or injury to person or property from the operation of a parking
lot or garage, and occurring during the hours said premises are regularly
open for business. The obligation created by this Section shall not
extend beyond the regular posted hours of attendance as posted upon
the premises and printed upon the regular receipt furnished to the
owner or person parking said vehicle.
[CC 1961 §28.09(C)(14); Ord. No. 2786 §1, 2-3-1986]
It shall be unlawful for any licensee of a parking lot to make
or permit any use for any purpose whatsoever of any vehicle parked
in such place, unless the use shall have first been expressly authorized
by the owner or person having control of such vehicle. No licensee
shall transfer, or cause to be moved or transferred, any parking vehicle
through or upon the streets or alleys of the City of Berkeley without
the written consent of the owner or person having control of such
vehicle.
[CC 1961 §28.09(C)(15); Ord. No. 2786 §1, 2-3-1986]
Every parking lot or garage shall be equipped with proper fire
extinguishing apparatus subject to the approval of the Fire Department
of the City of Berkeley, and all vehicles shall be so parked or stored
that they may be reached readily in case of fire or other emergency.
[CC 1961 §28.09(C)(16); Ord. No. 2786 §1, 2-3-1986]
Any person operating a parking lot for the parking and storage of motor vehicles within the City of Berkeley shall be subject to the merchant license, and shall obtain merchant license and pay any and all taxes as required by Chapter 605, "Merchants' and Manufacturers' License", of the Municipal Code of the City.
[CC 1961 §28.09(C)(17); Ord. No. 2786 §1, 2-3-1986; Ord.
No. 3096 §3, 12-4-1989]
Any person violating any of the provisions this Article shall
be, upon conviction thereof, fined not exceeding five hundred dollars
($500.00), or by imprisonment not exceeding twenty (20) days, or by
both such fine and imprisonment. Each day such violation is committed,
or permitted to continue, shall constitute a separate offense and
shall be punishable as such hereunder.
[CC 1961 §28.09(C)(18); Ord. No. 2786 §1, 2-3-1986]
If any Section, Subsection, sentence, clause, phrase, or portion
of this Article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portions thereof.
