[HISTORY: Adopted by the Council of the City of Mount Vernon 11-13-1957 as Ch. 28 of the General Ordinances, approved 11-15-1957; amended in its entirety 1-25-1984, approved 1-26-1984. Subsequent amendments noted where applicable.]
Wherever used in this chapter, the following terms shall have the meanings indicated:
- The City Clerk of the City of Mount Vernon.
- The Commissioner of Public Safety of the City of Mount Vernon, unless otherwise indicated.
- PARKING LOT
- Any outdoor space or uncovered plot of ground which has the capacity to hold four or more motor vehicles and is used to accommodate, store or keep any motor vehicle for the payment of a fee or other consideration, charged directly or indirectly.
It shall be unlawful for any person, firm, association or corporation to maintain, operate or conduct a parking lot in the City of Mount Vernon without first obtaining a license therefor from the City Clerk.
A license to maintain, operate or conduct a parking lot shall be granted to a person of good character in accordance with the provisions of this chapter. If the applicant is a copartnership or a corporation, all members of the copartnership and all officers of the corporation are required to be persons of good character.
The fee to be paid to the City Clerk for every such license, temporary permit or for a renewal thereof shall be as follows:
For each parking lot which has the capacity to hold not more than 25 motor vehicles: $50.
For each parking lot which has the capacity to hold 26 but not more than 50 motor vehicles: $100.
For each parking lot which has the capacity to hold 51 but not more than 100 motor vehicles: $150.
For each parking lot which has the capacity to hold more than 100 motor vehicles: $200.
A commuted license may be issued for a period not exceeding any six months in the year at 1/2 the fee provided for hereinabove, except that the minimum rate for any such commuted license shall be not less than $25.
Every such license shall expire on the 31st day of December next succeeding the date of issuance thereof. All such licenses must be renewed from year to year during the month of January by the payment of the renewal fee for such licenses after permission therefor has been authorized by the Commissioner of the Department of Public Safety of the City of Mount Vernon. Each applicant shall have a grace period of 30 days from the 31st day of January to renew such license.
The provisions of this chapter shall not, except as hereinafter provided, apply to:
A parking lot maintained or operated by the City, by any agency thereof or by a public parking authority.
A parking lot maintained or operated in conjunction with a business solely for the accommodation of employees, patrons and/or invitees thereof, provided that no parking fee is charged.
A parking lot maintained or operated by the owner or lessee of a multiple dwelling for the sole and exclusive accommodation of the tenants or residents of such multiple dwelling. This exemption, however, shall not apply when such parking lot is maintained or operated by any concessionaire or lessee, by agreement with the owner or lessee of such multiple dwelling and for which parking fees are charged.
Each applicant for a parking lot license shall file with the City Clerk a written application in the form prescribed by the City Clerk, containing such information and having annexed thereto such documents and exhibits as may be required by said Clerk.
Such application shall then be submitted by the City Clerk to the Commissioner of Buildings, Commissioner of Public Works, Fire Commissioner and the Commissioner.
Such application shall have endorsed thereon the maximum number of cars that may be permitted to be parking on said lot as stated on the certificate of occupancy or as approved by the Building Commissioner.
Such application shall also be endorsed by the Corporation Counsel to signify his approval of the form and sufficiency of the public liability insurance policy of the applicant.
Such application shall include a sketch of the parking lot indicating ingress and egress, lighting and the layout of parking spaces.
Every applicant for a license to maintain, conduct or operate a parking lot shall file with the City Clerk a schedule of rates showing the prices charged for daily, weekly and monthly parking or storage of motor vehicles and all other rates charged therefor.
No licensee shall make any charge for parking or storing any motor vehicles in a parking lot in excess of the rates set forth in the schedule filed with the City Clerk unless and until at least 30 days prior to the effective date of such changed rates such licensee has filed with the City Clerk in writing such change in rates and has posted such changed rates on signs which conform to the requirements of § 183-16B hereof.
No license issued under the provisions of this chapter shall be transferred to or assigned to any person or used by any person other than the licensee to whom it was issued, nor shall such license be used at any location other than the location stated in such license.
Every licensee, at the time of accepting a motor vehicle for parking or storage, shall furnish to the driver of such vehicle a distinctive claim check acknowledging the receipt of the vehicle and showing the date of such acceptance. Every such claim check shall contain the name of the licensee and his license number. Such licensee shall not be required to issue a claim check for any vehicle which is parked or stored on a weekly or monthly basis.
No motor vehicle shall be accepted by a licensee for parking or storage in excess of the capacity of the parking lot as shown in the license. Whenever the maximum capacity of a parking lot has been reached, the licensee shall post at the public entrance thereof a sign, composed of letters at least six inches in height, stating that such maximum capacity has been reached.
The determinator of the maximum motor vehicle capacity of each parking lot, which shall appear on the face of the license, shall be made by the Commissioner of Buildings for the purpose of safeguarding persons and property and permitting adequate inspection of the premises and shall be figured in units of nine feet wide by 20 feet long, exclusive of access driveways and turning areas.
No commercial motor vehicle shall be permitted to be parked or stored in any parking lot which is established in a residence zone district as shown on the Zoning Map of the City of Mount Vernon, whether or not such parking lot is required to be licensed under this chapter.
The application for a license must state the number of the applicant's employees, including the number of full-time employees and the number of part-time employees.
The premises of licensed parking lots must be adequately attended and supervised at all times during operation. The applicant must provide the City Clerk with a telephone number where the applicant can be reached when the lot is not in operation.
The license number of the parking lot must appear on all signs, bills, invoices, letterheads, claim checks and other printed material.
No permit shall be issued by the Clerk until the applicant therefor shall have first placed on file with the Clerk, without cost to the City, satisfactory evidence of public liability insurance in the amounts of not less than $250,000 for any one person and not less than $500,000 for any one accident and property damage insurance in the amount of not less than $25,000 for any one accident and $50,000 in the aggregate and satisfactory evidence that said insurance has been approved as to form, correctness and adequacy by the Corporation Counsel, to insure the City against any loss, injury or damage arising out of the granting of the permit or from any negligence or fault of said applicant, his agents, servants or employees in connection with said obstruction or with any work related thereto.
Such insurance must remain in force throughout the effective period of the permit as well as any authorized extensions thereof and shall carry an endorsement to the effect that the insurance company will give at least 10 days' written notice to the City of any modification or cancellation of any such insurance.
In the event of a change of ownership of a licensed parking lot, the licensee of record must make immediate notification to the City Clerk.
When an original application for a license is presented, the fingerprinting of an individual applicant and of his partner in a copartnership will be required. When a corporation submits an original application, an officer of the corporation or a representative thereof, duly authorized in writing, will be required to be fingerprinted.
The Clerk may disapprove an application for a license, after a hearing, if, in his discretion, he determines that:
The applicant has made a material false statement or concealed a material fact in connection with his application;
The applicant, any officer, director, stockholder or partner, or any other person directly or indirectly interested in the application was the former holder, or was an officer, director, stockholder or partner in a corporation or partnership which was the former holder of a license which had been revoked or suspended;
The applicant or any officer, director, stockholder, partner, employee or any other person directly or indirectly interested in the application has been convicted of a felony or any crime involving violence, dishonesty, deceit, indecency, degeneracy or moral turpitude; or
The applicant is not the true owner of the business or for any reason in the opinion of the Clerk may be deemed detrimental to the best interest of the general public both in welfare and safety.
Motor vehicles shall not be stored or parked by licensees on public streets, avenues, highways or public places.
Licensed parking lots having a separate entrance and exit must have their main entrance and main exit clearly designated with signs 12 inches wide by 36 inches high marked "entrance" and "exit."
A durable sign must be posted conspicuously at the public entrance of each licensed parking lot, stating the name, address and telephone number of the person operating the same, the hours during which it is open for business and the license number, maximum motor vehicle capacity and the parking or storage rates in letters and figures at least six inches in height. When more than one rate is charged for the parking or storage of a motor vehicle, the letters and figures designating each such rate shall be of the same size and dimensions.
The sign must be sufficiently illuminated and easily visible.
In the event that the maximum capacity of a parking lot has been reached, a sign composed of letters at least six inches in height must be posted at the public entrance of such parking lot, stating "capacity full."
All licensed parking lots shall be graded as provided for in § 15.09 of the Building Code.
No licensee or any of its agents, employees or other representatives shall place upon the sidewalks, streets or public highways any debris, snow, ice or any other object which might obstruct the free use of said sidewalks, streets or public highways, except where specifically permitted under the ordinances and regulations of the City. In the event of a violation of this provision, the licensee may be liable to loss of its license and shall be liable to the payment of a fine of not less than $25 nor more than $100 for each violation.
All licensed parking lots which are operated during any portion of the period from one hour after sunset to one hour before sunrise shall be adequately lighted so as to meet with the approval of the Clerk and the Commissioner of Buildings.
No contract, agreement, lease, receipt, rule or regulation made or issued by any licensee with or to a person who parks or stores a motor vehicle in a parking lot operated by such licensee shall exempt such licensee from liability for damage or loss caused by the negligence of such licensee or any employee of such licensee.
Where a trade name is used by an applicant for a license or a copartnership applies for a license, a certified copy of the certificate required to be filed with the County Clerk must be filed with the application.
Every license issued pursuant to this chapter shall be subject to suspension or revocation upon the failure of such licensee to pay or satisfy any judgment secured against him by anyone who stored or parked a motor vehicle in the parking lot licensed hereunder, provided that such judgment was secured in a court of competent jurisdiction against the licensee for acts of commission or omission with regard to the business maintained, operated or conducted by him pursuant to the license issued hereunder.
Any license may be suspended or revoked by the City Clerk and any application for a renewal thereof denied for the failure of a licensee to comply with any applicable provision of law or any of the provisions of this chapter.
Each violation of this chapter is an offense punishable by a fine not exceeding $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. Conviction of a violation of this chapter shall be grounds for the suspension or revocation of the license.
This chapter shall take effect immediately.