CHESTER CITY COUNCIL (OFF STREETPARKINGPLACES)(CONSOLIDATION AND CIVIL ENFORCEMENT) ORDER 2008

Chester City Council (“the Council”) in exercise of its powers under Sections 32, 35 and 35(A) and Part IV of Schedule 9 of the Road Traffic Regulation Act 1984 (“the 1984 Act”) the Traffic Management Act (“the 2004 Act”) and all other enabling powers, with the consent of Cheshire County Council and after consultation with the Chief Officer of Police in accordance with the requirements of the 1984 Act hereby makes the following Order:

PART I

GENERAL

Commencement and Citation

This Order shall come into operation on the 8th January 2009and may be cited as Chester City Council (Off Street Parking Places) (Consolidation and Civil Enforcement) Order 2008.

Interpretation

In this Order:

“buses” / means a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver);
“civil enforcement officer” / meansa person authorised by or on behalf of the Council to supervise parking places and enforce the provisions of this Order and as defined by Section 76 of the 2004 Act;
“charisma card parking permit” / means a parking permit issued by the Council in accordance with its policy for the Charisma Card Scheme as amended from time to time;
“contract parking bay” / means a parking bay allocated to a contract permit holder in accordance with and subject to any provisions imposed by the Council contained in a separate contract made between the contract permit holder and the Council;
“contract permit” / means a parking permit issued by the Council under a separate contract to a contract permit holder, in accordance with the terms and conditions of issue, which provides for the use of a contract parking bay for a specific period of time;
“disabled person” / means a person who holds a disabled persons badge in accordance with the provisions of the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 or any enactment or
amendment thereto;
“disabled persons badge” / means a badge issued in accordance with the provisions of the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 or any re-enactment or amendment hereto;
“disabled parking bay” / means any part of the parking place marked out
as “disabled” for the leaving of the vehicle;
“driver” / means the driver of the motor vehicle using the parking place to which this Order relates;
“enforcement authority” / means Chester City Council;
“general regulations 2007” / means The Civil Enforcement of Parking
Contraventions (England) General Regulations 2007;
“goods vehicle” / has the same meaning as the definition used in the Road Vehicles (Construction and Use) Regulations 1986;
“Market Car Park” / means the premises banded by Princess Street, The Forum, Hamilton Place and St Martins Way, consisting of five parking levels known as Red, White, Yellow, Green and Blue levels
“motorcycle” / has the same meaning as the definition used in the Road Vehicles (Construction and Use) Regulations 1986;
“motor vehicle” / has the same meaning as the definition used in the Road Vehicles (Construction and Use) Regulations 1986;
“notice to owner” / means a notice served in accordance with regulation 9 of the general regulations or a penalty charge notice served under
regulation 10 of the general regulations;
“Owner” / in relation to a vehicle, means an owner as defined by Section
92(1) of the 2004 Act;
“parking bay” / means any part of the parking place marked out by means of white lines or otherwise except for contract parking bays for the leaving of a vehicle;
“parking disc” / means a blue parking disc which indicates the time of arrival and is issued with a disabled persons badge in accordance with the provisions of the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 or any re-enactment or amendment hereto;
“parking place” / means the parking place specified in the first column of the Schedules to this Order;
“Penalty Charge” / means a charge recommended by the Secretary of State and set by the enforcement authority under the provisions of Section 77 and Schedule 9 of the 2004 Act and in accordance with the guidelines on the level of charges;
“Penalty Charge Notice” / means a notice issued by the enforcement
authority and either served by a civil enforcement officer or sent by post by the enforcement authority pursuant to the provisions of Section 78 of the 2004 Act and the general regulations 2007;
“permit” / means a parking permit issued by the Council under a separate contract, in accordance with the terms and conditions of issue, which provides for the use of a parking bay for a specific period of time;
“ticket machine” / means an apparatus of a type and design approved by the Secretary of State for Transport for the purpose of this Order being apparatus designed to issue parking tickets indicating the payment of a charge and the date and time at which the charge was paid;
“the charge” / means the appropriate charge to be paid by the driver of a vehicle using the parking place in accordance with the third column of the
Schedules to this Order.
“trailer” / has the same meaning as the definition used in the Road Vehicles (Construction and Use) Regulations 1986;

PART II

USE OF THE PARKING PLACES

  1. The parking places may be used only as specified in this Order.
  1. Save as in Articles 20 and 21, a driver causing or permitting a motor vehicle to wait in a parking place during the hours of operation specified in the second column of Schedules 1 to 8, shall pay the appropriate charge in accordance with the third column of Schedules 1 to 8.
  1. A motor vehicle may be left subject to the provisions of this Order in a parking place for any period outside the hours of operation referred to in the second column of Schedules 1 to 8 free of charge.
  1. The driver shall not cause or permit a vehicle to wait in a parking place unless it is of that specified class of vehicle described in the fourth column of Schedules 1 to 8.
  1. No person shall, except with the permission of a person authorised by the Council, drive any motor vehicle in the parking place other than for the purpose of leaving that motor vehicle in the parking place in accordance with the provisions of this Order, or for the purpose of departing from the parking place, or to gain access to land or premises adjacent to the parking place.
  1. Where at the parking place, signs are erected or surface markings laid for the purpose of :

(a)indicating the entrance to or exit from the parking place; or

(b)indicating that a vehicle using the parking place shall proceed in a specified direction in the parking place,

no person shall drive or cause or permit to be driven any motor vehicle so that it enters the parking place otherwise than by an entrance or leaves the parking place otherwise than by an exit so indicated, or in a direction other than that specified.

  1. The Council may by notice displayed at or near a parking place, close the parking place or part of it for any period of time. No driver shall use such a parking place or part of it when it is closed.
  2. No person shall use a motor vehicle whilst it is in a parking place in

connection with the sale of any article to persons in or near the parking place, or in connection with the selling or offering for hire of his/her skillor services.

  1. The driver shall stop the engine as soon as the motor vehicle is in position in the parking place and shall not start the engine except to depart from the parking place.

The following provisions shall apply to the Market Car Park (formerly known as Princess Street car park) only;

  1. No person shall, in a parking place, use any threatening, abusive or insultinglanguage, gesture or behaviour with intent to put any person in fear or so asto occasion a breach of the peace or whereby a breach of the peace is likelyto be occasioned.
  1. No person shall use any part of a parking place or any vehicle left in a parkingplace for:-

(a)sleeping or camping purposes; or

(b)eating or cooking purposes; or

(c)the purposes of servicing, washing, cleaning, constructing, maintainingor repairing any vehicle or part thereof other than is reasonablynecessary to enable that person to depart from the parking place.

  1. The Council will allow access on foot free of charge from the Parking Place tothe building complex known as the Forum
  1. (a) Notwithstanding the provisions of this Order the Council may by notice displayed at or near the parking place close the parking place or partthereof for any period of time and no driver of any vehicle shall use such a parking place or part thereof when it is so closed.

(b)Levelsgreen, yellow and red of the parking place are closed andlocked to all users of the parking place during the time specified in theSecond Column of Schedule 1.

(c)Vehicles left in levels green, yellow and red after closure in

accordance with (b) above shall only be removed from the levels referredto by an authorised officer of the Council unlocking the level concerned.

(d)The Council may charge any driver who has left a vehicle in eitherlevel green, yellow or red after closure of that level where the driverwishes to remove the vehicle during the closure times specified in Schedule 1.

(e)No driver shall remove or attempt to remove a vehicle from level green,yellow or red after that level has been closed and locked without permission of the Council.

(f)The Council shall display notices at the parking place advising drivers ofthe time of closure and providing a contact telephone number should thedriver wish to remove his vehicle during the closure of that part of theparking place.

  1. If at any time in a parking bay or bays there is displayed a notice that aparticular bay or bays is or are reserved for the leaving of solo motor cyclesor vehicles specified in Articles 27-29 hereof no person shall leave avehicle in any such parking bay or bays other than for the purposes so specified.
  1. In a parking place no person shall:-

(a)erect or cause or permit to be erected any tent, booth, stand,

building or other structure without the written consent of the Council, nor

(b)light or cause or permit to be lit any fire.

  1. No person shall use any parking place in an improper and disorderly manner,particularly for the use of ball games or any other activity that is likely tocause annoyance and nuisance to other users of the parking place or residentsof premises in the neighbourhood.
  2. When a vehicle is accompanied by a trailer the trailer must be parked in aparking bay and a charge must be paid for the trailer equivalent to the chargepayable in respect of the vehicle.

RESTRICTION OF PARKING VEHICLES IN A PARKING PLACE.

  1. Save as in Article 23, a driver shall not cause or permit a motor

vehicle to wait in a position other than wholly within the limits of a markedparking bay.

  1. Nothing in this Order shall prevent any person from causing or permitting a motor vehicle to wait in a parking place :

(a)to enable the motor vehicle to be used in connection with any

building operations or demolition, the removal of any obstructionto traffic, the maintenance, improvement or reconstruction of theparking place, or the laying, erection, alteration or repair in ornear to the said parking place, of any sewer, or of any main,pipe, or apparatus for the supply of gas, water or electricity or ofany telecommunications apparatus as defined in the Telecommunications Act 1984 if it cannot conveniently be usedfor such purpose in any other place;

(b)to enable the motor vehicle to be used in pursuance of statutory powers or duties if it cannot conveniently be used for such purpose in any other place;

(c)to wait, if the driver is prevented from proceeding by circumstancesbeyond his/her control or in order to avoid an accident;

(d)where the vehicle is being used for fire brigade, ambulance or

police purposes.

  1. Nothing in Articles 1, 2 and 22 of this Order shall render it unlawful to cause or permit any disabled person’s motor vehicle to wait in a parkingbay or contract parking bay detailed in Schedules 2,3,4,5and 6 and 8 free ofcharge and for a period not exceeding four hours (this period not beingseparated by an interval of less than one hour from a previous period ofwaiting by the same motor vehicle in the same parking place on the same day), providing there is displayed on the motor vehicle in the relevant position a disabled person’s badge and parking disc (on which the driver has marked the time at which the period of waiting began).
  1. Nothing in Articles 1,2 and 22 of this Order shall render it unlawful to

cause or permit any disabled person’s motor vehicle to wait in a parking bay other than a contract parking bay detailed in Schedules 7 or 8, free of charge and for a period not exceeding four hours (this period not beingseparated by an interval of less than one hour from a previous period ofwaiting by the same motor vehicle in the same parking place on the same day), providing there is displayed on the motor vehicle in the relevant position a disabled person’s badge and parking disc (on which the driver has marked the time at which the period of waiting began).

  1. Save as in Article 20-21 of this Order, no person shall leave a motor

vehicle in a parking bay marked out as reserved for disabled person’smotor vehicles.

  1. Nothing in Article 18 of this Order shall apply to motorcycles without

sidecars, providing the motorcycle is parked outside the parking baysspecified in Schedules 1,2,3,4,6,7 and 8 to this Order without causing anobstruction to users of the parking place.

  1. Where a motor vehicle is left in a parking place specified in Schedule 1,a further ticket may not be purchased until after an interval of one hourfrom the previous period of waiting by the same vehicle on the same day.
  1. No person shall leave a bus or goods vehicle in excess of 3.5 tonnesmaximum gross weight in the parking bays specified in Schedule 4,other than the large vehicle parking bays.
  1. No person shall leave a vehicle other than a bus or goods vehicle in

excess of 3.5 tonnes maximum gross weight in the large vehicle

parking bays in the parking place specified in Schedule 4.

PERMITS

  1. No person shall cause or permit a motor vehicle to wait in a contract

parking bay specified in Schedules 7 or 8 unless the vehicle is displayinga current and valid contract permit.

  1. A contract parking bay in the parking places specified in Schedules 3and 6 will be deemed to be reserved for a permit holder, when a barrier provided by the Council is locked into position by the permit holder so asto prevent access to the parking bay by another vehicle.
  1. The driver may leave a motor vehicle in a contract parking bay in the

parking places specified in Schedules 3 and 6, providing a permit holder has not reserved the contract parking bay as detailed in Article 30.

CONTRACT PARKING BAYS

  1. Contract parking bays are provided for use by Contract Holders in

accordance with their contract with the Council;

(a)No driver shall cause or permit a vehicle to be parked in an

parking bay marked “contract” unless the vehicle is

displaying a current and valid parking disc issued by the Council;

(b)A contract holder will be subject to the provisions of this Order whilst the ContractParkingBay is occupied or reserved by him/her;

AMOUNT AND METHOD OF PAYMENT OF THE CHARGE AND DISPLAY OF TICKETS – CAR PARKS OTHER THAN THE MARKET CAR PARK

  1. The charge for a motor vehicle left in a parking place will be that specified in the third column of the Schedules.
  1. (a) The charge specified in Article 31 shall be payable by the driver onleaving the motor vehicle in the parking place by the insertion in the ticket machine provided in the parking place, a payment card, coin or coins at least to the value specified on the noticeboard adjacent to the ticket machine.

(b)Upon payment of the charge for the motor vehicle, the driver shallexhibit on the motor vehicle the ticket issued by the ticket machine by affixing the ticket to the inside surface of the windscreen so that it is facing forwards and can be easily seen from the front of the vehicle.

(c)The ticket referred to in paragraph (b) of this Article, shall be soexhibited on the motor vehicle that the time and other particulars on the said ticket are clearly visible from the outside of the vehicle.

(d)A numbered ticket from the ticket machine shall indicate that thecharge has been paid and the day and time and by the exhibition of that ticket in the manner specified in paragraphs (b) and (c) ofthis Article.

  1. When a motor vehicle is accompanied by a trailer, the driver shall ensure the trailer is parked in a parking bay and a charge shall be paid for the trailer equivalent to the charge payable in respect of the vehicle.
  1. When a motor vehicle is left parked in a parking place that has been

closed in accordance with Article 7, the vehicle may be removed from the parking place and be subject to a release charge set out in Schedule 10.

AMOUNT AND METHOD OF PAYMENT OF THE CHARGE AND DISPLAY OF TICKETS – MARKET CAR PARK (FORMERLY PRINCESS STREET CAR PARK)