[Amended by Ord. No. 10-86; Ord. No. 5-88; Ord. No. 15-90; Ord. No. 7-92; Ord. No. 18-93; Ord. No. 20-93; Ord. No. 3-95; Ord. No. 14-95; Ord. No. 28-95; 5-1-2000 by Ord. No. 9-00; 9-10-2001 by Ord. No.
13-01; 4-17-2006 by Ord. No. 6-06 [1]]
A municipal parking system is created to assure
equitable use of street and off-street parking spaces; to provide
funds for the acquisition, capital improvement and equipment of off-street
lots for parking; and to acquire, install and maintain coin-operated
parking meters.
[Amended 5-3-2010 by Ord. No. 6-10]
The parking system shall be operated as a public utility, with
its income and disbursements kept separately from other City income
and disbursements. There shall be two funds established, as provided
below:
B.
Parking Improvement Fund. A separate fund shall be established, called
the Parking Improvement Fund. All fees in lieu of parking spaces collected
under Hudson City Code § 255-48H(3)(s)(1) shall be placed
in the Parking Improvement Fund, to be used as follows:
(1)
Eligible uses of the Parking Improvement Fund. The City Council may
authorize expenditures from the Parking Improvement Fund only for
the acquisition and/or development of off-street parking and related
facilities, which the Council determines address the demand for parking
within areas zoned B-3 Central Business District. Eligible expenditures
include, but are not limited to, the expenses listed below. Payment
can be made for expenses incurred by the City, or to a third party
who has incurred these expenses under a cooperative construction agreement
approved by the Council:
(a)
Property acquisition (whether by lease or purchase) and related
expenses such as legal and closing costs; the property may or may
not have parking improvements already on it.
(b)
Demolition and site preparation expenses; in cases where there
are structures, contaminated or unstable soils that must be removed
from the site before constructing parking facilities.
(c)
Engineering expenses, including the cost of designing parking
improvements.
(d)
Construction expenses, including paving, curb, landscaping,
signage, stormwater improvements to the extent that they specifically
relate to the parking lot improvements, and permit fees.
(e)
Lighting expenses, whether undertaken as part of a larger improvement
project or independently.
(f)
Fiscal expenses, including the cost of issuing bonds, financial
advisor and interest expense associated with financing improvements
or internally from negative fund balances.
(g)
Legal and auditing expenses, whether incurred as a result of
specific parking improvements or for general administration of the
Parking Improvement Fund.
(h)
Other similar types of expenses that advance the purpose of
the Parking Improvement Fund, which is to pay capital expenses related
to providing off-street parking in the area zoned B-3 Central Business
District in the City of Hudson.
(2)
Ineligible uses of the Parking Improvement Fund. The following expenditures
are not eligible uses of the Parking Improvement Fund. Generally,
the Fund shall not be used for maintenance or operational expenses,
unless as a payment to a third party in exchange for public use rights
to that parking.
(a)
Snow removal expenses shall not be eligible because these are
considered maintenance expenses.
(b)
Striping expenses shall not be eligible unless such work is
associated with other eligible improvement expenses, such as at the
time of making the initial parking lot improvements.
(c)
Insurance expenses shall not be eligible, as they are seen as
part of the ongoing operational cost of maintaining a parking facility.
(d)
On-street parking improvement expenses shall not be eligible
for funding through the fund, even though these spaces serve to address
the demand for parking.
[Amended 3-9-2020 by Ord.
No. 6-20]
Whenever in this article the following terms
are used, they shall have the meanings given them in this section:
An application that can be accessed and downloaded via cellular
device to pay for a parking space by inputting the user's license
plate number and credit card information.
An electronic device that the City places or erects on City
property, for the purpose of managing and controlling the use of paid
parking spaces and paid parking zones and that requires payment for
use either by inserting coins, a credit/debit card or by paying via
the mobile payment system through a cellular device.
A certain designated marked-off section of the public street
or off-street lot within the marked boundaries where a vehicle may
be temporarily parked and allowed to remain for such time period as
the parking meters or pay stations attached thereto may indicate.
A device located upon a public street, parking lot, or sidewalk
in a place regularly designated as a parking meter zone, as herein
defined, which device shall record a certain number of minutes by
use of a clock mechanism determining the time period for which parking
privileges may be extended to the person so depositing the coin.
That portion of a street between the curblines and adjacent
property lines.
Every way set apart for public travel, except alleyways,
bridle paths and footpaths.
Any device by which any person or property may be transported
upon a public highway, except those operated upon rails and permanent
tracks.
[Amended 3-9-2020 by Ord.
No. 6-20]
Parking fee zones are created on the following
streets and parking lots of the City:
A.
In the North Lot.
B.
In the North Plaza Lot.
C.
In the Phipps Lot.
D.
In the City Hall Lot.
E.
In the Harbor Lot.
F.
In the Beach House Lot.
G.
In the Library Lot.
H.
Along downtown side streets (Buckeye, Wisconsin, Commercial, Walnut,
Locust, and Elm).
I.
On First Street from Buckeye Street to Vine Street.
J.
On Second Street from Wisconsin Street to Vine Street.
K.
On Third Street from Walnut Street to Vine Street.
[Amended 3-9-2020 by Ord.
No. 6-20]
In the parking fee zones, the Common Council
shall cause parking meters and pay stations to be installed in such
numbers, at such places, and for such time periods as in its judgement
may be necessary to regulate, control and inspect parking of vehicles
and shall cause parking spaces to be designated as herein provided.
[Amended 3-9-2020 by Ord.
No. 6-20]
The parking meters and pay stations shall be
operated in parking fee zones every day between 10:00 a.m. and 8:00
p.m. except Sundays and all federal holidays, including: January 1,
Memorial Day, July 4, the first Monday in September, the fourth Thursday
of November, and December 25.
[Amended 3-9-2020 by Ord.
No. 6-20]
The time limitations shall be indicated on the
parking meter and pay station or by appropriate signs posted in proximity
of each parking fee zone.
[Amended 3-9-2020 by Ord.
No. 6-20]
The Council may carry out the terms of any contracts
entered into by the Council to purchase, lease, acquire, install,
operate, maintain, supervise, regulate and use the parking meters
and pay stations provided for in this article, whether for trial period
or otherwise. The payment for such parking meters and pay stations
and installation shall be provided solely from the receipts, funds
and revenues obtained from the operation of parking meters and pay
stations, without obligating the City to pay for the same from any
other source.
[Amended 3-9-2020 by Ord.
No. 6-20]
The parking meters and pay stations installed
in parking fee zones shall be placed upon the curb. Each parking meter
and pay station installed shall indicate by a proper legend the legal
parking time established by the City and, upon payment, shall indicate
the duration of the period of legal parking and when the expiration
of such period shall occur.
[Amended 3-9-2020 by Ord.
No. 6-20]
The Public Works Committee shall have markings
painted or placed upon the curb and/or upon the street. Each vehicle
shall park within the markings so established. No person shall park
any vehicle across any such marking or park so that the vehicle shall
not be entirely within the area designated by such markings.
[Amended 3-9-2020 by Ord.
No. 6-20]
When any vehicle is parked in a parking fee
zone, the operator of such vehicle shall, upon entering the parking
space, immediately deposit or cause to be deposited a United States
currency (coin or coins, credit/debit card, or make a mobile payment)
in such parking meter or pay station.
[Amended 3-9-2020 by Ord.
No. 6-20]
A.
The length of time for each parking space in a parking
fee zone or part thereof shall be indicated on the parking meter or
pay station and, if desired, the receipt that shall be emailed to
the payee. The Common Council may establish different time limitations
for each parking fee zone.
B.
Rates.
(1)
Each parking space may be lawfully occupied by a vehicle for the time established by Subsection A of this section upon payment of an hourly rate in accordance with a fee schedule as established by the Common Council.
(2)
These parking rates shall be phased in and shall apply
as the City purchases new parking meters and pay stations or is able
to adjust existing meters and pay stations to reflect any rate increase.
C.
If any vehicle shall remain parked in any such parking
space beyond the parking time limit that was paid for, such vehicle
shall be considered parked overtime and illegally.
[Amended 3-9-2020 by Ord.
No. 6-20]
No person shall deface, injure, tamper with,
open or willfully break, destroy or impair the usefulness of any parking
meter or pay station.
[Amended 3-9-2020 by Ord.
No. 6-20]
No person shall deposit or cause to be deposited
in any parking meter or pay station any slug, device or metallic substitute
or any other substitute for any United States coin.
[Amended 3-9-2020 by Ord.
No. 6-20]
The City police officers, or meter monitor acting
on their behalf, in accordance with instructions issued by the Mayor
and Council, shall report on each ticket:
[Amended 3-9-2020 by Ord.
No. 6-20]
Each such officer shall also attach to such
vehicle a notice to the owner or operator thereof that such vehicle
has been parked in violation of this article.
[Amended 6-19-2006 by Ord. No. 11-06; 3-28-2011 by Ord. No. 7-11; 3-9-2020 by Ord. No. 6-20]
Penalties for parking violations shall be as
hereafter set forth.
A.
Schedule of forfeitures. Each owner or operator shall,
within 10 days of the time when a notice of violation was attached
to his or her vehicle, deposit in a designated meter box or at the
forfeiture deposit box in the City Hall, as a penalty for such violation,
a deposit in accordance with a fee schedule as established by the
Common Council.
B.
Convenience fee notice. All violation fees noted in
the fee schedule do not include service or convenience fees charged
by third parties that the City of Hudson contracts with to administer
and facilitate collections. These fees are the sole responsibility
of the parking violator.
C.
Additional penalties for nonpayment. If payment is
not made within 10 days of the date of the infraction, the Police
Department shall mail a second notice to the registered owner of the
vehicle. The penalty shall then be double the deposit amount set forth
in the fee schedule and must be paid within 30 days of the violation.
D.
If payment is not made or if the violator fails to contest the parking ticket within 30 days of the violation, the penalty shall be double the deposit amount set forth in § 235-29C, and the Police Department shall request the State Department of Transportation to suspend the vehicle registration pursuant to Ch. TRANS 128, Wis, Admin. Code.
[Amended 3-9-2020 by Ord.
No. 6-20]
Where no other penalty is provided, any person who shall violate this article and any person who aids, abets or assists therein shall be subject to the penalty provided in § 1-18 of this Code.
[Amended 3-9-2020 by Ord.
No. 6-20]
A.
The money required to be deposited in parking meters
and pay stations is levied and assessed as fees to provide for proper
regulation and control of traffic upon the public street; costs of
supervision and regulation of parking of vehicles in parking meter
zones; costs of purchase, lease, acquisition, installation, operation,
maintenance, supervision, regulation and control of parking meters
and pay stations; and costs of the capital improvements of off-street
parking lots.
B.
The original indebtedness of property purchased, acquired,
improved, equipped and made operational for parking lot use shall
be the responsibility of the Parking Utility Fund. The Parking Utility
Fund shall also bear the responsibility for maintenance costs of the
parking lots, including lights, insurance, seal coating, striping,
snow removal, in -lot curbing, grooming and trimming.
[Amended 3-9-2020 by Ord.
No. 6-20]
The Mayor and Council shall designate such collectors
and methods as necessary to collect all money deposited in the meter
boxes and pay stations. Such collectors may be bonded for not less
than $1,000 for the faithful performance of their duties. All money
so collected shall be deposited with the Clerk, provided that a separate
fund shall be maintained at all times of such money so deposited.
[Amended 3-9-2020 by Ord.
No. 6-20]
All penalty fees collected by the Police Department
and all forfeitures imposed for violation of this article shall be
deposited with the Clerk and credited to the Parking Utility Fund.
Any bond or bail given for appearance to answer a charge under this
article that is forfeited shall be deposited in the Parking Utility
Fund.
[Amended 3-9-2020 by Ord.
No. 6-20]
This article shall not prohibit the City from
providing for bus stops, for taxicab stands, etc., including the loading
and unloading of trucks, vans or other commercial vehicles.
[Amended 3-9-2020 by Ord.
No. 6-20]
B.
Such lots shall be adequately lighted, equipped, improved
and maintained for vehicle parking under such limitations and conditions
as the Common Council shall impose thereon.
C.
Parking spaces in the Beach House Lot, Williams Lot,
the North Lot, and along First Street between Vine Street and Elm
Street shall be designated as eight-hour permit or free four-hour
parking with the exception of the North Lot which will be eight-hour
permit or eight-hour pay station parking. Parking spaces in the City
Hall Lot, the Harbor Lot, the Phipps Lot, the North Plaza Lot, and
the Library Lot shall all be three-hour lots and prohibit permit parking.
Permits shall be available from City Hall, with the monthly permit
fee being established in accordance with a fee schedule by the Common
Council. The parking permit fee shall be in accordance with a fee
schedule as established by the Common Council. After review by the
Downtown Parking Utility Commission, the Common Council may increase
or decrease permit parking availability and expand into other lots
based on the demand for permit parking by the general public.
D.
Markings or signs shall be placed upon the curb and/ or adjacent to the lots indicated in Subsection C stating that parking is subject to regulations as set forth therein.
[Amended 5-4-2020 by Ord.
No. 7-20]
The Common Council shall exercise management
of all on- and off-street parking matters as follows:
B.
Management of parking in areas of the City outside
the downtown parking area.
(1)
The
Public Works Department shall make capital improvements and maintain
and improve all City parking lots. The Public Works Committee shall
review and make recommendations to the Common Council on all proposals
developed by the Public Works Department regarding off-street and/or
parking lots outside the downtown parking area.
(2)
The
Public Safety Committee shall make recommendations to the Common Council
regarding parking on streets and parking lots in areas of the City
outside the downtown parking area, subject to Common Council approval.
C.
Management of parking in the downtown parking area
by the Downtown Parking Utility Commission, subject to approval of
the Common Council.
(1)
Creation.
There is hereby created a Downtown Parking Utility Commission for
the City.
(2)
Appointment.
The Downtown Parking Utility Commission shall consist of seven members
appointed by the Mayor and subject to the approval of the Common Council.
The terms of the members shall be for three years, with the terms
staggered so that no more than two members are appointed each year.
The Common Council member whose district encompasses the downtown
parking area shall be appointed to the Downtown Parking Utility Commission.
Other membership of the Downtown Parking Utility Commission shall
be as follows: three downtown business owners, not all of whom can
be Chamber of Commerce members; and three representatives from the
City at large.
(3)
Organization.
As soon as possible after their appointment and annually thereafter,
the members of the Downtown Parking Utility Commission shall organize
by choosing from among their members a Chairperson and a Vice Chairperson.
(4)
Eligibility.
No person shall be eligible to be a member of the Downtown Parking
Utility Commission or to hold any office or position with such Commission
who, directly or indirectly, has any pecuniary interest in any contract
for or related to downtown parking. Any such office or position shall
become vacant upon the acquiring of any such interest.
(5)
Management of Downtown Parking Utility. Subject to the general control and supervision of the Common Council, the Downtown Parking Utility Commission shall take entire charge and management of the Downtown Parking Utility of the City and shall supervise the operation of the downtown parking system as detailed in City Code §§ 235-3 and 235-13 to 235-37.1. General control and supervision by the Council shall include, but not be limited to, review and approval by the Common Council of:
(a)
The annual operating and capital budgets of the Downtown Parking
Utility.
(b)
Capital expenditures, construction, and improvements that exceed
the approved annual operating and capital budgets.
(c)
Acquisition of property for public parking purposes.
(d)
Public improvement construction contracts, land lease agreements
and other similar capital or long-term contracts; and
(e)
Parking fee changes.
(6)
Use
of City officers. The Downtown Parking Utility Commission will utilize
the services of City staff and other officials to conduct the business
of the Downtown Parking Utility. The general fund of the City may
be reimbursed by the Downtown Parking Utility fund for the cost of
such services if deemed appropriate by the Common Council.
(7)
General
powers. The Downtown Parking Utility Commission shall have such general
powers in the operation of the Downtown Parking Utility as shall be
designated by the Common Council.
(8)
Books
of account. The Downtown Parking Utility Commission shall keep a separate
fund and separate book of account for the Downtown Parking Utility.
Such book of account shall be open to the public.
(9)
Utility
funds. No funds of the Downtown Parking Utility shall be transferred
to the general fund for the use of the City, except with approval
by the Common Council.
(10)
Expenditures. All expenditures of the Downtown Parking Utility shall
be audited and approved by the Downtown Parking Utility Commission.
All expenditures must be authorized by the Chairperson and Vice Chairperson
of the Downtown Utility Commission and, upon such approval, shall
be paid by the City Finance Director or designee.
D.
The Mayor has the authority to approve courtesy ticket
days for promotional and seasonal events.
E.
Severability. Each section of this § 235-36 or portion thereof shall be independent, and if any section or portion thereof is deemed to be unconstitutional, void or invalid for any reason, it shall not be deemed to affect the validity or constitutionality of any other sections, and the remainder of the section shall be valid and in effect.
F.
Effective date. This section shall be effective upon
adoption by the Common Council and publication as required by law.
This article shall be an exercise of police
power of the City for the preservation and protection of public safety.
All its provisions shall be liberally construed to effectuate such
purpose.
This article shall become effective upon adoption
by the Common Council and publication as required by law, but no earlier
than June 1, 2006.
