Parking Facilities Committee — Charleston, WV
Date: 2019-05-06
Time: 18:00

CITY OF CHARLESTON
 West Virginia
 Council Member – 12th WARD
Joseph Jenkins Finance Committee, Chair
839 Gordon Drive Parking Committee, Chair
Charleston, West Virginia 25303 Public Safety Committee
304‐575‐9202
joseph.jenkins@cityofcharleston.org




 AGENDA
 PARKING FACILITIES COMMITTEE MEETING
 Monday, May 6, 2019
 6:00 PM

 I. BILLS:

 a. Bill No. 7815 ‐ A bill to amend and reenact Chapter 114, Article VII, Sections 114‐565, 114‐
 575, 114‐576, 114‐578, 114‐602, 114‐622, and 114‐628 of the Code of the City of
 Charleston, as amended, relating to providing a specific exemption for parking building no.
 2; updating terminology and certain requirements regarding parking and traffic; and
 clarifying the authority of the director of parking and director of traffic.

 II. DISCUSSION:




 *Meetings may be recorded and broadcast via internet https://charlestonwv.civicclerk.com




 City Council | 501 Virginia Street, East | Post Office Box 2749 | Charleston, West Virginia 25330
 www.charlestonwv.gov | 304.348.8179 | 304.348.8038 fax

CITY OF CHARLESTON
 West Virginia
 Council Member – 12th WARD
Joseph Jenkins Finance Committee, Chair
839 Gordon Drive Parking Committee, Chair
Charleston, West Virginia 25303 Public Safety Committee
304‐575‐9202
joseph.jenkins@cityofcharleston.org




 AGENDA
 PARKING FACILITIES COMMITTEE MEETING
 Monday, May 6, 2019
 6:00 PM

 I. BILLS:

 a. Bill No. 7815 ‐ A bill to amend and reenact Chapter 114, Article VII, Sections 114‐565, 114‐
 575, 114‐576, 114‐578, 114‐602, 114‐622, and 114‐628 of the Code of the City of
 Charleston, as amended, relating to providing a specific exemption for parking building no.
 2; updating terminology and certain requirements regarding parking and traffic; and
 clarifying the authority of the director of parking and director of traffic.

 II. DISCUSSION:




 *Meetings may be recorded and broadcast via internet https://charlestonwv.civicclerk.com




 City Council | 501 Virginia Street, East | Post Office Box 2749 | Charleston, West Virginia 25330
 www.charlestonwv.gov | 304.348.8179 | 304.348.8038 fax

 Page | 1 of
 Bill No. 7815 Committee Substitute:

 Introduced in Council: Adopted by Council:

 April 15, 2019

 Introduced by: Referred to:

 Joseph Jenkins Parking Facilities
 Committee

 1 Bill No. 7815 Committee Substitute - A BILL to amend and reenact Chapter 114,
 2 Article VII, Sections 114-565, 114-575, 114-576, 114-578, 114-602, 114-622, and 114-
 3 628 of the Code of the City of Charleston, as amended, relating to providing a specific
 4 exemption for parking building no. 2; updating terminology and certain requirements
 5 regarding parking and traffic; and clarifying the authority of the director of parking and
 6 director of traffic.
 7
 8 Now, therefore, be it ordained by the Council of the City of Charleston:
 9
10 That Chapter 114, Article VII, Sections 114-565, 114-575, 114-576, 114-578, 114-602,
11 114-622, and 114-628 of the Code of the City of Charleston, as amended, is hereby
12 amended and reenacted to read as follows:
13
14 Chapter 114 – Traffic Ordinance
15 Article VII. STOPPING, STANDING AND PARKING
16
17 Sec. 114-565. - No parking at entrances to certain buildings.
18
19 The chief of police, with the approval of the city council planning/streets and
20 traffic committee, may establish no parking areas appropriately marked at the principal
21 street entrances to all schools, hospitals, post offices, churches, theaters, hotels,
22 libraries, passenger transportation depots, government-owned and -occupied buildings,
23 and eleemosynary charitable institutions, with such conditions as may be considered
24 proper by the chief of police approved by the city council planning/streets and traffic
25 committee.
26
27 Sec. 114-575. – Procedure for establishment of loading zones; conditions
28 governing; loading zone record.
29
30 (a) The director of the traffic, parking and transportation department shall have
31 authority, in the manner provided in this section, to establish and lay off loading zones
32 upon the streets of the city.
33 (b) Loading zones may be established by the director of the traffic, parking and
34 transportation department upon approval by the city council planning/streets and traffic
35 committee. Such zones shall be for the sole purpose of providing on-street facilities for




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36 the loading and unloading of commodities and equipment in the conduct of business
37 and where no adequate off-street loading facilities are available.
38 (c) The director of the traffic, parking, and transportation department, with the
39 approval of the city council planning/streets and traffic committee, may, with respect to
40 the establishment of any such loading zone, prescribe limitations as to curb space and
41 the time of day within which such loading zone may be used, which shall be designated
42 by appropriate signs.
43 (d) Any citizen may apply for the establishment of a loading zone. Such
44 application shall be submitted in writing to the director of the traffic, parking, and
45 transportation department on a form to be prescribed by him or her and approved by
46 the city council planning/streets and traffic committee.
47 (e) All loading zones established under this section may be abolished by the
48 director of the traffic, parking, and transportation department by and with the approval
49 of the city council planning/streets and traffic committee.
50 (f) Any applicant for the establishment of a loading zone whose application has
51 been denied by the abolition of any such loading zone may appeal such action to the
52 city council, whose action on such appeal shall be final.
53 (g) The traffic, parking and transportation department shall keep an accurate
54 record of all loading zones established under this section, showing the date when such
55 loading zone was established, its location, and the special limitations, if any, attached to
56 the zone.
57
58 Sec. 114-576. – Permitted uses of loading zones.
59
60 No person shall stop, stand or park any vehicle for any purpose or any length of
61 time in any space designated as a loading zone by the Director of the Traffic, Parking
62 and Transportation Department under and pursuant to the provisions of section 114-
63 575, except while such vehicle is being used in the business of loading or unloading as
64 provided in section 114-575 and has a loading zone permit. In no case shall a lawful
65 stop within a loading zone exceed one-half hour, except where special permission from
66 the Director of the Traffic, Parking and Transportation Department has been obtained
67 for such extension. Any vehicle stopping, standing or parking in a loading zone
68 established by the Director of the Traffic, Parking and Transportation Department
69 pursuant to section 114-575, for any purpose other than loading or unloading as
70 provided in section 114-575 of this Code may be impounded by the police department
71 pursuant to the provisions of section 114-552.
72
73 Sec. 114-578. – Residential permit parking.
74
75 (a) Residential permit parking area designation: A residential permit parking area
76 may only be established in areas of the city zoned R-O, R-2, R-4, R-6, and R-8. A
77 residential permit parking area may be established by filing a petition with the city traffic
78 engineering department upon a form to be prescribed by the traffic engineering
79 department and approved by the city council planning/streets and traffic committee. The
80 cost of the permits must be stated on the form.




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 81 (1) The petition must contain the boundaries of the area sought for residential
 82 permit parking, the number of residential units in the area, the address of each
 83 residential unit in the area, the license numbers for all vehicles owned by the residents
 84 of each residential unit in the proposed area, and the reason that the residential permit
 85 parking area is requested. The petition must be signed by at least one resident of a
 86 minimum of 67 percent of the residential units in the proposed area. The petition must
 87 set forth the hours during which the applicant is seeking restricted residential permit
 88 parking.
 89 (2) Residential permit parking may be sought for day time hours (8:00 a.m. to
 90 6:00 p.m.), night time hours (6:00 p.m. to 8:00 a.m.), or on a 24-hour basis. A
 91 nonrefundable filing fee of $100.00 must accompany the petition. Upon filing, a copy of
 92 the petition shall be promptly provided to the ward councilperson.
 93 (3) Upon receipt of the petition and the filing fee, the City of Charleston Traffic
 94 Engineering Department shall verify the names, addresses, and vehicle information on
 95 the petition. The traffic engineering department shall then cause appropriate traffic
 96 surveys to be conducted in the area sought for residential permit parking. If the traffic
 97 engineering surveys find that on average 80 percent of the available on street parking
 98 spaces are occupied and more than 50 percent of the vehicles parked in the area
 99 belong to nonresidents, then the area is eligible for designation as a residential permit
100 parking area, and the petition and the results of the survey shall be transmitted to the
101 ward councilperson. The ward councilperson shall submit a bill to designate the area as
102 a residential permit parking area to city council for consideration. The bill shall be
103 referred to council's committee on planning/streets and traffic which will report to
104 council its recommendation. City council shall make its decision on whether to
105 designate area based upon the recommendation from its committee on planning/streets
106 and traffic, the recommendation from the traffic engineeringdepartment, input from
107 members of the public and any other material information.
108 (b) Authorized permits: If a residential permit parking area is established by city
109 council, each residential unit in the residential permit parking area may obtain a
110 maximum of two permits for specific vehicles owned by the residents. One visitor permit
111 per residential unit may also be obtained. Owners of nonresidential buildings within the
112 designated areas may purchase one visitor permit to be used by the owner or his or her
113 designee. Exception: A resident experiencing a health condition or disability which
114 substantially impairs the resident and results in a need for special in-home medical care
115 and attention, including, but not limited to, assistance by family members or other
116 caregivers, may request up to three additional visitor permits. The request shall be
117 made by the resident to the Traffic Commander of the Charleston Police Department
118 director of parking. Additional permits shall not be issued unless the resident is able to
119 provide credible evidence satisfactory to the city of the qualifying health condition or
120 disability and the necessity of special in-home medical care, attention and assistance;
121 said evidence shall, at a minimum, consist of a signed statement from a physician
122 verifying the health condition or disability and the necessity of the special in-home
123 medical care, attention and assistance. The issuance of additional permits shall be at
124 the discretion of the Traffic Commander of the Charleston Police Department director of
125 parking, in consultation with the director of traffic, based on the circumstances and
126 evidence provided by the resident. Any additional permits issued pursuant to this




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127 exception shall be valid for the period of time approved by the traffic commander
128 director of parking not to exceed a year. Additional permits shall cost $25.00 per year. A
129 resident may apply hereunder each year.
130 (1) Each permit will be valid for one year. The cost for each residential parking
131 permit and visitor permit is $25.00 per permit annually.
132 (2) The permits shall be issued and used in accordance with the residential
133 permit parking policy established by council.
134 Notwithstanding the foregoing provisions, the Traffic Commander of the
135 Charleston Police Department director of parking, in consultation with the director of
136 traffic, shall have discretion to issue a temporary permit, at no cost and not to exceed
137 one calendar year unless thereafter renewed, to a licensed health care provider,
138 including, but not limited to, a hospital, Hospice, doctor, nurse, or physical therapist,
139 upon request by the provider and upon sufficient proof satisfactory to the city that the
140 certified health care provider is administering necessary in-home medical care,
141 attention or assistance to a person who resides in a residential permit parking area.
142 (c) Violations: Any vehicle parking in a residential permit parking area in violation
143 of the terms of this ordinance shall be subject to a fine of $75.00 and/or shall be
144 impounded in accordance with the provisions of section 31-209 114-121 through 114-
145 131 and any associated rules or regulations. Vehicles of persons making deliveries or
146 providing service, including but not limited to, home maintenance or repair, utility
147 installation or repair, medical treatment or care, yard maintenance, or other similar
148 services, to residential units within the permit area may be parked without a permit for
149 the duration of the delivery or the provision of service.
150 (1) Any residential permit parking area in the City of Charleston established prior
151 to the adoption of this ordinance shall be subject to the provisions of subparagraphs (b)
152 and (c).
153 (d) Decertification procedure: A residential parking area may be decertified if at
154 least one resident of a minimum of 67 percent of the residential units in the designated
155 area sign and file a petition with the city traffic engineering department requesting
156 elimination of the residential permit parking area designation. Such an application for
157 decertification must be accompanied by a nonrefundable filing fee of $100.00. Upon
158 receipt of the petition and the filing fee, the city traffic engineering department shall
159 verify the names and addresses on the petition. Once the names and addresses are
160 verified as area residential unit owners, a copy of the petition shall be promptly provided
161 to the ward councilperson. The ward councilperson shall submit a bill to decertify the
162 area as a residential permit parking area to city council for consideration. The bill shall
163 be referred to council's committee on planning/streets and traffic which will report to
164 council its recommendation. City council shall make its decision on whether to decertify
165 the area based upon the recommendation from its committee on planning/streets and
166 traffic, the recommendation from the traffic engineering department, input from
167 members of the public and any other material information.
168
169 Sec. 114-602. - Management of and regulations governing city-owned lots and
170 buildings.
171




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172 (a) Unless otherwise provided herein, all parking lots and parking buildings
173 owned or operated by the city shall be operated under the control and management of
174 the parking facilities committee, who are hereby authorized to promulgate rules and
175 regulations governing such usage not inconsistent herewith. There shall be a Director of
176 Traffic, Parking, and Transportation, who shall be the department head with the
177 responsibility and authority to carry out the efficient administration of the provisions of
178 this section and the any associated rules and regulations, promulgated by the parking
179 facilities committee, including but not limited to the authority and discretion to enter into
180 and suspend agreements to lease parking spaces on a month to month basis, set days
181 and hours of operation, collect and adjust parking fees and fines, and to make
182 provisions for special events or open rent-free parking when deemed in the best interest
183 of the city.
184 (b) Motor vehicles shall be parked, placed, handled and driven into, from, in and
185 on such parking lots and such parking buildings in accordance with the applicable laws
186 and ordinances of the city relative to traffic upon the streets in the city, and in
187 accordance with the any rules and regulations respecting usage of such parking lots
188 and parking buildings which are adopted and promulgated by the parking facilities
189 committee and in accordance with the directions, instructions and order of the Director
190 of Traffic, Parking and Transportation or official city attendants at any such lot or
191 building.
192 (c) It shall be unlawful for any person or vehicle to block any driveway or
193 passageway in or upon such parking lots or parking buildings, or for persons to leave or
194 park cars therein contrary to the applicable ordinances, rules and regulations and
195 instructions of attendants, as aforesaid, or without paying the required rental fees.
196 (d) No fees or charges shall be required for metered or unmetered spaces in
197 such lots or buildings at times other than those expressly posted at the site, or when
198 provisions have been made for event parking, or as expressly provided herein.
199 (1) Specific unmetered spaces may be reserved from 7:00 a.m. through 5:00
200 p.m., Monday through Friday, by paid-up lease on a month to month basis according to
201 the rates identified in this section; provided, nothing herein shall preclude the Director
202 for good cause from designating spaces as assigned or reserved at other times.
203 (2) All fees for monthly rentals shall be paid in advance prior to the first day of
204 the month; provided, the rental fee for the initial month of any newly activated account
205 may be prorated based upon the date of activation.
206 (3) An administration fee of $15.00 per space shall be charged to any account
207 that is delinquent past the tenth day of the month. The director of parking shall provide
208 notice of the assessment of the administrative fee with the further statement that if the
209 account is delinquent past the twentieth day of the month, then the account will be
210 considered closed and the vehicle associated with the account will be treated as a
211 typical vehicle without a monthly account.
212 (4) An administration fee of $10.00 per space shall apply for the activation of any
213 monthly rental agreement, or the replacement of an electronic entry key or any placard
214 or decal provided to identify license or assignment of a reserved space. or in addition to
215 any accrued late charges to reactivate an account that has remained delinquent past
216 the last day of the month.




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217 (5) Nothing herein shall preclude the immediate revocation and/or reassignment
218 of parking privileges in the event of nonpayment or a violation of the rules.
219 (6) Unless otherwise provided herein, Event Parking at any city-operated lot or
220 building shall be at the minimum rate of $3.00 per vehicle.
221 (e) City Off-Street Lots. The daily rental fee for each separate usage of any
222 single parking space on any city owned or operated parking lot not specifically set forth
223 below shall be at the rate of $3.00 per day. The monthly rental fee for reserved usage
224 of any unmetered space in a city owned or operated lot not otherwise expressly set
225 forth below shall be $50.00 per month. The rental fee for each separate usage of a
226 single metered parking space in a city owned or operated off-street parking lot, not
227 otherwise expressly set forth below, shall be at the rate of $0.25 per hour.
228 (1) Municipal Auditorium. The rental fee for each separate usage of any single
229 metered parking space in the city-owned lot behind the municipal auditorium shall be
230 $0.50 per hour and the rental fee for the reserved usage of any unmetered space shall
231 be $40.00 per month.
232 (2) Summers Street Alley. The rental fee for the reserved usage of any
233 unmetered space in the Summers Street alley shall be $80.00 per month.
234 (3) West Side Lots. The rental fee for each separate usage of any single
235 metered parking space in city owned or operated lots on the West Side, Elk City district,
236 shall be $0.25 per hour and the rental fee for the reserved usage of any unmetered
237 space shall be $35.00 per month.
238 (4) Morris Street Lot. The rental for each separate usage of any space that is not
239 otherwise made available for metered parking in the city-owned Morris Street lot shall
240 be $40.00 per month; provided, any such rented space which is unoccupied at the
241 commencement of an event parking period shall be available for event parking on a first
242 come first served basis and subject to the event parking rate.
243 (5) Smith Street Lot. The rental for each separate usage of any space that is not
244 otherwise made available for metered parking in the city-owned Smith Street lot shall be
245 $30.00 per month; provided, any such rented space which is unoccupied at the
246 commencement of an event parking period shall be available for event parking on a first
247 come first served basis and subject to the event parking rate.
248 (6) Union Building Parking Lot. The monthly rental rate for each parking space at
249 the city-owned Union Building Parking Lot located between Kanawha Boulevard and
250 the Kanawha River just east of the Union Building shall be at a rate of $70.00 per
251 month; provided, any such rented space which is unoccupied at the commencement of
252 an event parking period shall be available for event parking on a first come first served
253 basis and subject to the event parking rate.
254 (f) City Parking Buildings. Unless otherwise provided herein, the following
255 provisions of this section shall apply to city-owned parking buildings.
256 (1) Parking Building No. 1—McFarland Street Garage. The rental fee for the
257 reserved usage of any unmetered space on Floor 6 or above in Building No. 1 shall be
258 $45.00 per month; on all other floors, the rental fee shall be $65.00 per month.
259 (2) Parking Building No. 2—Washington Street Garage. The rental fee for the
260 reserved usage of any unmetered space in Parking Building No. 2 shall be $35.00 per
261 month.




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262 (3) Parking Building No. 3—Convention Center North/Greyhound Garage.
263 Parking Building No. 3 shall be under the control and management of the Charleston
264 Coliseum and Convention Center. Unless a Charleston Coliseum and Convention
265 Center Rate Ordinance provides for other or additional fees for parking in Building No.
266 3, event or daily parking shall be the rate of $3.00 per vehicle; monthly parking shall be
267 at the rate of $25.00 per vehicle.
268 (4) Parking Building No. 4—Convention Center South/Quarrier Street Garage.
269 Parking Building No. 4 shall be under the control and management of the Charleston
270 Coliseum and Convention Center. Unless the Charleston Coliseum and Convention
271 Center Rate Ordinance provides for other or additional fees for parking in Building No.
272 4, event or daily parking shall be the rate of $3.00 per vehicle; monthly parking shall be
273 at the rate of $25.00 per vehicle.
274 (5) Parking Building No. 5—Shanklin/City Hall Garage. The rental fee for the
275 reserved usage of any unmetered space on Floor 4 and above in Parking Building No. 5
276 shall be $45.00 per month; on all other floors, the rental fee shall be $65.00 per month.
277 (6) Parking Building No. 6—Summers Street Garage. The rental fee for the
278 reserved usage of any unmetered space in Parking Building No. 6 shall be $80.00 per
279 month.
280 (7) The Director shall designate no fewer than 20 spaces at the lowest or most
281 convenient level practical within each city-owned parking building and equip the same
282 with SMART meters for the use of daily or itinerate parkers, and shall designate as
283 many spaces as practical on the unsheltered rooftop of each building and equip the
284 same with mechanical meters for the use of daily or itinerate parkers; provided, this
285 provision shall not apply to Buildings No. 3 or No. 4 which shall be controlled and
286 operated by the Charleston Coliseum and Convention Center; provided further, that this
287 provision shall not apply to Building No. 2, which shall be controlled and operated by
288 the director of parking consistent with the provisions of subdivision (10) of this
289 subsection.
290 (8) The rental fee for each separate usage of a SMART metered parking space
291 in a city-owned parking building shall be $1.00 per hour between the hours of 7:00 a.m.
292 and 5:00 p.m., Monday through Friday.
293 (9) The rental fee for each separate usage of a single metered parking space on
294 the rooftop of a city-owned parking building shall be at the rate of $0.25 per hour, from
295 7:00 a.m. through 5:00 p.m., Monday through Friday.
296 (10) Parking Building No. 2 will continue to be operated with an electronic entry
297 key and ticketed system at the direction of the director of parking. Parking in Parking
298 Building No. 2 shall be free on Saturdays, Sundays, and holidays. The director of
299 parking has the authority to set parking rates for the building and to set hours during
300 which parking rates are charged and collected on Monday through Friday, excluding
301 holidays, provided that the hours during which parking rates are charged shall begin no
302 later than 9:00 a.m. and end no earlier than 5:00 p.m. The hours during which the
303 parking booth may be attended and actively collecting parking fees may be set at the
304 discretion of the director of parking. The discretion given to the director of parking in this
305 subdivision is subject to active lease agreements maintained by the City with tenants of
306 Parking Building No. 2.
307




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308 Sec. 114-622. - Per-hour parking fees established.
309
310 In the areas bounded by Leon Sullivan Way on the east, Kanawha Boulevard on
311 the south, Elk River on the west, and Piedmont Road on the north, the rental fee for use
312 of any single on-street metered parking meters at the rate of $0.50 per hour as required
313 by the instructions printed upon each meter. Beginning on February 5, 2018, and
314 continuing thereafter, the rental fee for use of single on-street metered parking in the
315 following areas will be according to the following schedule with no maximum parking
316 time, as required by the instructions printed upon each meter:
317
318 Rate of $1.00 per hour:
319 400 block of Laidley Street
320 500 and 600 block of Donnally Street
321
322 Rate of $.25 per hour:
323 500 block of Summers Street
324 700 and 800 block of Donnally Street
325 500 and 600 block of Capitol Street
326 600 block of Eagan Street
327 700 and 800 block of Christopher Street
328 300, 400 and 500 block of Dickenson St.
329 300, 400 and 500 block of Leon Sullivan Way
330 300, 400, 500, 600 block of Morris Street
331 1200 block of Lewis Street
332 1000, 1100, and 1200 block of Washington Street
333 1100 and 1200 block of Virginia Street East
334
335 Beginning on May 21, 2018, or upon installation of web-based parking meters,
336 whichever occurs later, and continuing thereafter, the rental fee for use of single on-
337 street metered parking, and maximum parking times in the following areas will be
338 according to the following schedule, as required by the instructions printed upon each
339 meter:
340
341 Rate of $1.00 for first hour, $1.50 for second hour, and an additional $1.50 for the third
342 hour with a 3-hour maximum time:
343 100 and 200 block of Hale Street
344 Unit block of Dunbar Street
345 200 block of Leon Sullivan Way
346 Unit block to 400 block of Capital Street
347 Unit block to 300 block of Summers Street
348 Unit block to 300 block of Laidley
349 800 block of Kanawha Blvd.
350 1000 block of Virginia Street East
351 500 to 1000 block of Quarrier Street
352




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353 Provided, where it is determined by the planning/streets and traffic committee
354 that there is a need for further regulation and control of vehicles parking within this
355 area, the city may designate individual on-street metered parking spaces within this
356 area to allow for less than the maximum of three hours at a rate of not more than $0.50
357 per 15-minute increments. Any such parking space shall have the time restrictions and
358 rates printed upon each meter.
359
360 If the city consents to temporarily bagging or removing a meter to accommodate
361 construction or other activity, the rental fee shall be $15.00 per day or any portion of a
362 day for each such meter.
363
364 Sec. 114-628. - Parking spaces; erecting and relocating meters.
365
366 The director of traffic engineer shall have authority, upon the approval of the
367 planning/streets and traffic committee of the city council, to designate all the streets
368 where parking meters shall be permitted; and on all such streets or parts so designated
369 or as shall be made available and designated for parking, the director of traffic,
370 engineer, with the approval of the committee, may:
371 (1) Cause parking spaces approximately 20 feet in length to be marked by lines
372 on the curb or pavement or by other appropriate markings;
373 (2) On the sidewalks adjacent to each such parking space, cause to be erected
374 parking meters upon which the deposit of a coin will indicate the duration of the legal
375 parking period and the time when such period has elapsed; and
376 (3) Change the location of the parking space and meters on such streets where
377 they are erected and located and cause such parking meters as located to be moved,
378 transferred and erected on the sidewalks opposite from where such parking spaces are
379 located.




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MINUTES
 PARKING FACILITIES COMMITTEE MEETING
 6:00 P. M., MAY 6, 2019
 A/V CONFERENCE ROOM


Joseph Jenkins, Chairperson, called the meeting of the Charleston City Council Committee on
Parking Facilities to order at 6:00p.m., May 6, 2019, in the Audio/Visual Room in City Hall.

A silent roll was taken by the Clerk and a quorum was established. The following committee
members were present:
Joseph Jenkins, Chair
Bobby Reishman, Vice Chair
Brent Burton
Mary Beth Hoover
Keeley Steele


Vice Chairperson Reishman asked for unanimous consent to dispense with the reading of the
minutes for the November 19, 2018 meeting and that they be approved as distributed. There
was no objection and the minutes were approved.


 I. BILLS:

Bill No. 7815 Committee Substitute - A BILL to amend and reenact Chapter 114, Article VII,
Sections 114-565, 114-575, 114-576, 114-578, 114-602, 114-622, and 114-628 of the Code of
the City of Charleston, as amended, relating to providing a specific exemption for parking
building no. 2; updating terminology and certain requirements regarding parking and traffic;
and clarifying the authority of the director of parking and director of traffic.

Now, therefore, be it ordained by the Council of the City of Charleston:

That Chapter 114, Article VII, Sections 114-565, 114-575, 114-576, 114-578, 114-602, 114-622,
and 114-628 of the Code of the City of Charleston, as amended, is hereby amended and
reenacted to read as follows:

Chapter 114 – Traffic Ordinance
Article VII. STOPPING, STANDING AND PARKING

Sec. 114-565. - No parking at entrances to certain buildings.
 The chief of police, with the approval of the city council planning/streets and traffic
committee, may establish no parking areas appropriately marked at the principal street
entrances to all schools, hospitals, post offices, churches, theaters, hotels, libraries, passenger
transportation depots, government-owned and -occupied buildings, and eleemosynary
charitable institutions, with such conditions as may be considered proper by the chief of police
approved by the city council planning/streets and traffic committee.

Sec. 114-575. – Procedure for establishment of loading zones; conditions governing; loading
zone record.

 (a) The director of the traffic, parking, in consultation with the director of traffic, and
transportation department shall have authority, in the manner provided in this section, to
establish and lay off loading zones upon the streets of the city.
 (b) Loading zones may be established by the director of the traffic, parking and
transportation department upon approval by the city council planning/streets and traffic
committee. Such zones shall be for the sole purpose of providing on-street facilities for the
loading and unloading of commodities and equipment in the conduct of business and where no
adequate off-street loading facilities are available.
 (c) The director of the traffic, parking, and transportation department, with the approval
of the city council planning/streets and traffic committee, may, with respect to the
establishment of any such loading zone, prescribe limitations as to curb space and the time of
day within which such loading zone may be used, which shall be designated by appropriate
signs.
 (d) Any citizen may apply for the establishment of a loading zone. Such application shall
be submitted in writing to the director of the traffic, parking, and transportation department on
a form to be prescribed by him or her and approved by the city council planning/streets and
traffic committee.
 (e) All loading zones established under this section may be abolished by the director of
the traffic, parking, and transportation department by and with the approval of the city council
planning/streets and traffic committee.
 (f) Any applicant for the establishment of a loading zone whose application has been
denied by the abolition of any such loading zone may appeal such action to the city council,
whose action on such appeal shall be final.
 (g) The traffic, parking and transportation department shall keep an accurate record of
all loading zones established under this section, showing the date when such loading zone was
established, its location, and the special limitations, if any, attached to the zone.

Sec. 114-576. – Permitted uses of loading zones.

 No person shall stop, stand or park any vehicle for any purpose or any length of time in
any space designated as a loading zone by the Director of the Traffic, Parking and
Transportation Department under and pursuant to the provisions of section 114-575, except
while such vehicle is being used in the business of loading or unloading as provided in section
114-575 and has a loading zone permit. In no case shall a lawful stop within a loading zone
exceed one-half hour, except where special permission from the Director of the Traffic, Parking
and Transportation Department has been obtained for such extension. Any vehicle stopping,
standing or parking in a loading zone established by the Director of the Traffic, Parking and
Transportation Department pursuant to section 114-575, for any purpose other than loading or
unloading as provided in section 114-575 of this Code may be impounded by the police
department pursuant to the provisions of section 114-552.

Sec. 114-578. – Residential permit parking.

 (a) Residential permit parking area designation: A residential permit parking area may
only be established in areas of the city zoned R-O, R-2, R-4, R-6, and R-8. A residential permit
parking area may be established by filing a petition with the city traffic engineering department
upon a form to be prescribed by the traffic engineering department and approved by the city
council planning/streets and traffic committee. The cost of the permits must be stated on the
form.
 (1) The petition must contain the boundaries of the area sought for residential permit
parking, the number of residential units in the area, the address of each residential unit in the
area, the license numbers for all vehicles owned by the residents of each residential unit in the
proposed area, and the reason that the residential permit parking area is requested. The
petition must be signed by at least one resident of a minimum of 67 percent of the residential
units in the proposed area. The petition must set forth the hours during which the applicant is
seeking restricted residential permit parking.
 (2) Residential permit parking may be sought for day time hours (8:00 a.m. to 6:00
p.m.), night time hours (6:00 p.m. to 8:00 a.m.), or on a 24-hour basis. A nonrefundable filing
fee of $100.00 must accompany the petition. Upon filing, a copy of the petition shall be
promptly provided to the ward councilperson.
 (3) Upon receipt of the petition and the filing fee, the City of Charleston Traffic
Engineering Department shall verify the names, addresses, and vehicle information on the
petition. The traffic engineering department shall then cause appropriate traffic surveys to be
conducted in the area sought for residential permit parking. If the traffic engineering surveys
find that on average 80 percent of the available on street parking spaces are occupied and
more than 50 percent of the vehicles parked in the area belong to nonresidents, then the area
is eligible for designation as a residential permit parking area, and the petition and the results
of the survey shall be transmitted to the ward councilperson. The ward councilperson shall
submit a bill to designate the area as a residential permit parking area to city council for
consideration. The bill shall be referred to council's committee on planning/streets and traffic
which will report to council its recommendation. City council shall make its decision on whether
to designate area based upon the recommendation from its committee on planning/streets and
traffic, the recommendation from the traffic engineeringdepartment, input from members of
the public and any other material information.
 (b) Authorized permits: If a residential permit parking area is established by city council,
each residential unit in the residential permit parking area may obtain a maximum of two
permits for specific vehicles owned by the residents. One visitor permit per residential unit may
also be obtained. Owners of nonresidential buildings within the designated areas may purchase
one visitor permit to be used by the owner or his or her designee. Exception: A resident
experiencing a health condition or disability which substantially impairs the resident and results
in a need for special in-home medical care and attention, including, but not limited to,
assistance by family members or other caregivers, may request up to three additional visitor
permits. The request shall be made by the resident to the Traffic Commander of the Charleston
Police Department director of parking. Additional permits shall not be issued unless the
resident is able to provide credible evidence satisfactory to the city of the qualifying health
condition or disability and the necessity of special in-home medical care, attention and
assistance; said evidence shall, at a minimum, consist of a signed statement from a physician
verifying the health condition or disability and the necessity of the special in-home medical
care, attention and assistance. The issuance of additional permits shall be at the discretion of
the Traffic Commander of the Charleston Police Department director of parking, in consultation
with the director of traffic, based on the circumstances and evidence provided by the resident.
Any additional permits issued pursuant to this exception shall be valid for the period of time
approved by the traffic commander director of parking not to exceed a year. Additional permits
shall cost $25.00 per year. A resident may apply hereunder each year.
 (1) Each permit will be valid for one year. The cost for each residential parking permit
and visitor permit is $25.00 per permit annually.
 (2) The permits shall be issued and used in accordance with the residential permit
parking policy established by council.
 Notwithstanding the foregoing provisions, the Traffic Commander of the Charleston
Police Department director of parking, in consultation with the director of traffic, shall have
discretion to issue a temporary permit, at no cost and not to exceed one calendar year unless
thereafter renewed, to a licensed health care provider, including, but not limited to, a hospital,
Hospice, doctor, nurse, or physical therapist, upon request by the provider and upon sufficient
proof satisfactory to the city that the certified health care provider is administering necessary
in-home medical care, attention or assistance to a person who resides in a residential permit
parking area.
 (c) Violations: Any vehicle parking in a residential permit parking area in violation of the
terms of this ordinance shall be subject to a fine of $75.00 and/or shall be impounded in
accordance with the provisions of section 31-209 114-121 through 114-131 and any associated
rules or regulations. Vehicles of persons making deliveries or providing service, including but
not limited to, home maintenance or repair, utility installation or repair, medical treatment or
care, yard maintenance, or other similar services, to residential units within the permit area
may be parked without a permit for the duration of the delivery or the provision of service.
 (1) Any residential permit parking area in the City of Charleston established prior to the
adoption of this ordinance shall be subject to the provisions of subparagraphs (b) and (c).
 (d) Decertification procedure: A residential parking area may be decertified if at least
one resident of a minimum of 67 percent of the residential units in the designated area sign and
file a petition with the city traffic engineering department requesting elimination of the
residential permit parking area designation. Such an application for decertification must be
accompanied by a nonrefundable filing fee of $100.00. Upon receipt of the petition and the
filing fee, the city traffic engineering department shall verify the names and addresses on the
petition. Once the names and addresses are verified as area residential unit owners, a copy of
the petition shall be promptly provided to the ward councilperson. The ward councilperson
shall submit a bill to decertify the area as a residential permit parking area to city council for
consideration. The bill shall be referred to council's committee on planning/streets and traffic
which will report to council its recommendation. City council shall make its decision on whether
to decertify the area based upon the recommendation from its committee on planning/streets
and traffic, the recommendation from the traffic engineering department, input from members
of the public and any other material information.

Sec. 114-602. - Management of and regulations governing city-owned lots and buildings.

 (a) Unless otherwise provided herein, all parking lots and parking buildings owned or
operated by the city shall be operated under the control and management of the parking
facilities committee, who are hereby authorized to promulgate rules and regulations governing
such usage not inconsistent herewith. There shall be a Director of Traffic, Parking, and
Transportation, who shall be the department head with the responsibility and authority to carry
out the efficient administration of the provisions of this section and the any associated rules
and regulations, promulgated by the parking facilities committee, including but not limited to
the authority and discretion to enter into and suspend agreements to lease parking spaces on a
month to month basis, set days and hours of operation, collect and adjust parking fees and
fines, and to make provisions for special events or open rent-free parking when deemed in the
best interest of the city.
 (b) Motor vehicles shall be parked, placed, handled and driven into, from, in and on such
parking lots and such parking buildings in accordance with the applicable laws and ordinances
of the city relative to traffic upon the streets in the city, and in accordance with the any rules
and regulations respecting usage of such parking lots and parking buildings which are adopted
and promulgated by the parking facilities committee and in accordance with the directions,
instructions and order of the Director of Traffic, Parking and Transportation or official city
attendants at any such lot or building.
 (c) It shall be unlawful for any person or vehicle to block any driveway or passageway in
or upon such parking lots or parking buildings, or for persons to leave or park cars therein
contrary to the applicable ordinances, rules and regulations and instructions of attendants, as
aforesaid, or without paying the required rental fees.
 (d) No fees or charges shall be required for metered or unmetered spaces in such lots or
buildings at times other than those expressly posted at the site, or when provisions have been
made for event parking, or as expressly provided herein.
 (1) Specific unmetered spaces may be reserved from 7:00 a.m. through 5:00 p.m.,
Monday through Friday, by paid-up lease on a month to month basis according to the rates
identified in this section; provided, nothing herein shall preclude the Director for good cause
from designating spaces as assigned or reserved at other times.
 (2) All fees for monthly rentals shall be paid in advance prior to the first day of the
month; provided, the rental fee for the initial month of any newly activated account may be
prorated based upon the date of activation.
 (3) An administration fee of $15.00 per space shall be charged to any account that is
delinquent past the tenth day of the month. The director of parking shall provide notice of the
assessment of the administrative fee with the further statement that if the account is
delinquent past the twentieth day of the month, then the account will be considered closed
and the vehicle associated with the account will be treated as a typical vehicle without a
monthly account.
 (4) An administration fee of $10.00 per space shall apply for the activation of any
monthly rental agreement, or the replacement of an electronic entry key or any placard or
decal provided to identify license or assignment of a reserved space. or in addition to any
accrued late charges to reactivate an account that has remained delinquent past the last day of
the month.
 (5) Nothing herein shall preclude the immediate revocation and/or reassignment of
parking privileges in the event of nonpayment or a violation of the rules.
 (6) Unless otherwise provided herein, Event Parking at any city-operated lot or building
shall be at the minimum rate of $3.00 per vehicle.
 (e) City Off-Street Lots. The daily rental fee for each separate usage of any single parking
space on any city owned or operated parking lot not specifically set forth below shall be at the
rate of $3.00 per day. The monthly rental fee for reserved usage of any unmetered space in a
city owned or operated lot not otherwise expressly set forth below shall be $50.00 per month.
The rental fee for each separate usage of a single metered parking space in a city owned or
operated off-street parking lot, not otherwise expressly set forth below, shall be at the rate of
$0.25 per hour.
 (1) Municipal Auditorium. The rental fee for each separate usage of any single metered
parking space in the city-owned lot behind the municipal auditorium shall be $0.50 per hour
and the rental fee for the reserved usage of any unmetered space shall be $40.00 per month.
 (2) Summers Street Alley. The rental fee for the reserved usage of any unmetered space
in the Summers Street alley shall be $80.00 per month.
 (3) West Side Lots. The rental fee for each separate usage of any single metered parking
space in city owned or operated lots on the West Side, Elk City district, shall be $0.25 per hour
and the rental fee for the reserved usage of any unmetered space shall be $35.00 per month.
 (4) Morris Street Lot. The rental for each separate usage of any space that is not
otherwise made available for metered parking in the city-owned Morris Street lot shall be
$40.00 per month; provided, any such rented space which is unoccupied at the commencement
of an event parking period shall be available for event parking on a first come first served basis
and subject to the event parking rate.
 (5) Smith Street Lot. The rental for each separate usage of any space that is not
otherwise made available for metered parking in the city-owned Smith Street lot shall be
$30.00 per month; provided, any such rented space which is unoccupied at the commencement
of an event parking period shall be available for event parking on a first come first served basis
and subject to the event parking rate.
 (6) Union Building Parking Lot. The monthly rental rate for each parking space at the
city-owned Union Building Parking Lot located between Kanawha Boulevard and the Kanawha
River just east of the Union Building shall be at a rate of $70.00 per month; provided, any such
rented space which is unoccupied at the commencement of an event parking period shall be
available for event parking on a first come first served basis and subject to the event parking
rate.
 (f) City Parking Buildings. Unless otherwise provided herein, the following provisions of
this section shall apply to city-owned parking buildings.
 (1) Parking Building No. 1—McFarland Street Garage. The rental fee for the reserved
usage of any unmetered space on Floor 6 or above in Building No. 1 shall be $45.00 per month;
on all other floors, the rental fee shall be $65.00 per month.
 (2) Parking Building No. 2—Washington Street Garage. The rental fee for the reserved
usage of any unmetered space in Parking Building No. 2 shall be $35.00 per month.
 (3) Parking Building No. 3—Convention Center North/Greyhound Garage. Parking
Building No. 3 shall be under the control and management of the Charleston Coliseum and
Convention Center. Unless a Charleston Coliseum and Convention Center Rate Ordinance
provides for other or additional fees for parking in Building No. 3, event or daily parking shall be
the rate of $3.00 per vehicle; monthly parking shall be at the rate of $25.00 per vehicle.
 (4) Parking Building No. 4—Convention Center South/Quarrier Street Garage. Parking
Building No. 4 shall be under the control and management of the Charleston Coliseum and
Convention Center. Unless the Charleston Coliseum and Convention Center Rate Ordinance
provides for other or additional fees for parking in Building No. 4, event or daily parking shall be
the rate of $3.00 per vehicle; monthly parking shall be at the rate of $25.00 per vehicle.
 (5) Parking Building No. 5—Shanklin/City Hall Garage. The rental fee for the reserved
usage of any unmetered space on Floor 4 and above in Parking Building No. 5 shall be $45.00
per month; on all other floors, the rental fee shall be $65.00 per month.
 (6) Parking Building No. 6—Summers Street Garage. The rental fee for the reserved
usage of any unmetered space in Parking Building No. 6 shall be $80.00 per month.
 (7) The Director shall designate no fewer than 20 spaces at the lowest or most
convenient level practical within each city-owned parking building and equip the same with
SMART meters for the use of daily or itinerate parkers, and shall designate as many spaces as
practical on the unsheltered rooftop of each building and equip the same with mechanical
meters for the use of daily or itinerate parkers; provided, this provision shall not apply to
Buildings No. 3 or No. 4 which shall be controlled and operated by the Charleston Coliseum and
Convention Center; provided further, that this provision shall not apply to Building No. 2, which
shall be controlled and operated by the director of parking consistent with the provisions of
subdivision (10) of this subsection.
 (8) The rental fee for each separate usage of a SMART metered parking space in a city-
owned parking building shall be $1.00 per hour between the hours of 7:00 a.m. and 5:00 p.m.,
Monday through Friday.
 (9) The rental fee for each separate usage of a single metered parking space on the
rooftop of a city-owned parking building shall be at the rate of $0.25 per hour, from 7:00 a.m.
through 5:00 p.m., Monday through Friday.
 (10) Parking Building No. 2 will continue to be operated with an electronic entry key and
ticketed system at the direction of the director of parking. Parking in Parking Building No. 2
shall be free on Saturdays, Sundays, and holidays. The director of parking has the authority to
set parking rates for the building and to set hours during which parking rates are charged and
collected on Monday through Friday, excluding holidays, provided that the hours during which
parking rates are charged shall begin no later than 9:00 a.m. and end no earlier than 5:00 p.m.
The hours during which the parking booth may be attended and actively collecting parking fees
may be set at the discretion of the director of parking. The discretion given to the director of
parking in this subdivision is subject to active lease agreements maintained by the City with
tenants of Parking Building No. 2.

Sec. 114-622. - Per-hour parking fees established.

 In the areas bounded by Leon Sullivan Way on the east, Kanawha Boulevard on the
south, Elk River on the west, and Piedmont Road on the north, the rental fee for use of any
single on-street metered parking meters at the rate of $0.50 per hour as required by the
instructions printed upon each meter. Beginning on February 5, 2018, and continuing
thereafter, the rental fee for use of single on-street metered parking in the following areas will
be according to the following schedule with no maximum parking time, as required by the
instructions printed upon each meter:

Rate of $1.00 per hour:
 400 block of Laidley Street
 500 and 600 block of Donnally Street

Rate of $.25 per hour:
 500 block of Summers Street
 700 and 800 block of Donnally Street
 500 and 600 block of Capitol Street
 600 block of Eagan Street
 700 and 800 block of Christopher Street
 300, 400 and 500 block of Dickenson St.
 300, 400 and 500 block of Leon Sullivan Way
 300, 400, 500, 600 block of Morris Street
 1200 block of Lewis Street
 1000, 1100, and 1200 block of Washington Street
 1100 and 1200 block of Virginia Street East

 Beginning on May 21, 2018, or upon installation of web-based parking meters,
whichever occurs later, and continuing thereafter, the rental fee for use of single on-street
metered parking, and maximum parking times in the following areas will be according to the
following schedule, as required by the instructions printed upon each meter:

Rate of $1.00 for first hour, $1.50 for second hour, and an additional $1.50 for the third hour
with a 3-hour maximum time:
 100 and 200 block of Hale Street
 Unit block of Dunbar Street
 200 block of Leon Sullivan Way
 Unit block to 400 block of Capital Street
 Unit block to 300 block of Summers Street
 Unit block to 300 block of Laidley
 800 block of Kanawha Blvd.
 1000 block of Virginia Street East
 500 to 1000 block of Quarrier Street

 Provided, where it is determined by the planning/streets and traffic committee that
there is a need for further regulation and control of vehicles parking within this area, the city
may designate individual on-street metered parking spaces within this area to allow for less
than the maximum of three hours at a rate of not more than $0.50 per 15-minute increments.
Any such parking space shall have the time restrictions and rates printed upon each meter.

 If the city consents to temporarily bagging or removing a meter to accommodate
construction or other activity, the rental fee shall be $15.00 per day or any portion of a day for
each such meter.

Sec. 114-628. - Parking spaces; erecting and relocating meters.

 The director of traffic, in consultation with the director of parking, engineer shall have
authority, upon the approval of the planning/streets and traffic committee of the city council,
to designate all the streets where parking meters shall be permitted; and on all such streets or
parts so designated or as shall be made available and designated for parking, the director of
traffic, engineer, with the approval of the committee, may:
 (1) Cause parking spaces approximately 20 feet in length to be marked by lines on the
curb or pavement or by other appropriate markings;
 (2) On the sidewalks adjacent to each such parking space, cause to be erected parking
meters upon which the deposit of a coin will indicate the duration of the legal parking period
and the time when such period has elapsed; and
 (3) Change the location of the parking space and meters on such streets where they are
erected and located and cause such parking meters as located to be moved, transferred and
erected on the sidewalks opposite from where such parking spaces are located.

Councilmember Jenkins asked Kevin Baker to explain the bill and the proposed changes to the
Committee. He stated that the bill adjusts the standards related to the parking building next to
the cinema to make it clear that it will continue with the ticketed system and will not have
meters installed. Additionally, it was decided to update some outdated terminology. Also, a
monthly parker must pay by the 20th of the month to keep their account open. The Committee
Substitute makes a few additional changes as to the outdated terminology missed in the initial
bill. Additionally changes for the bill will be:
Page 1 Line 28, “The director of the traffic, parking, in consultation with the director of traffic,”
Page 8 Line 354, “The director of traffic, in consultation with the director of parking,”

Councilmember Jenkins thanked Kevin Baker. He added that these changes are to conform to
current practice and will maintain consistency.
Councilmember Reishman moved to approve the Resolution. With a majority of members
elected recorded thereon as voting in the affirmative Chairperson Jenkins declared Bill 7815
Committee Substitute approved.

Mayor Goodwin stated that she had been meeting with the Parking Director, Terri Allen, and
they are working on a plan for the parking garages. Current updates to date include: private
security patrolling the parking garages from 1:00 pm – 5:00 am, upgrading to energy efficient
LED lighting, adding and upgrading more than 100 security cameras, adding meters, employees
staying in the garages later for safety, identifying floors by color. Councilmember Reishman
advised the Parking Director that AEP will issue a credit for switching to LED lights.

Councilmember Reishman motioned to adjourn the meeting.

Meeting adjourned.