Parkeerverordening Ommen 2019 – Municipal Parking Ordinance Overview
The Parkeerverordening Ommen 2019 is the official parking ordinance established by the municipal council of the Municipality of Ommen, Netherlands. Adopted on January 24, 2019, and effective as of February 1, 2019, this regulation operates under the legal framework of Article 149 of the Gemeentewet (Municipalities Act) and Article 2a of the Wegenverkeerswet 1994 (Road Traffic Act). It governs the administration, issuance, and enforcement of parking permits within specifically designated areas of the municipality.
The ordinance defines the regulatory scope for motor vehicles, including microcars (brommobielen), and establishes the criteria for belanghebbendenplaatsen (stakeholder parking places). It details the rights and obligations of residents and permit holders, the technical requirements for valid parking, and the administrative procedures handled by the municipal executive (het college). The document is structured into five sections covering definitions, permit issuance, prohibitions, penal provisions, and transitional arrangements.
This regulatory document provides the specific legal basis for managing parking pressure in the built-up area of Ommen and serves as a reference for permit applications, enforcement actions, and the definition of legal residency in relation to parking rights.
Definitions and Regulatory Scope
Section 1 provides the legal definitions essential for the application of the ordinance. These definitions ensure consistency with national traffic regulations and local civil registry data.
- RVV 1990: The national Reglement Verkeersregels en Verkeerstekens 1990 used to define signs and traffic rules.
- Parking: Defined as stationary positioning of a motor vehicle for a continuous period, excluding the time required for immediate boarding/disembarking or loading/unloading of goods.
- Belanghebbendenplaats: A parking spot marked with sign E9 from the RVV 1990 or located within a zone designated by such a sign.
- Bewoner (Resident): An individual registered in the municipal basic registration of persons (basisregistratie personen) at an address in Ommen classified as an independent dwelling.
- Zelfstandige woning (Independent Dwelling): A residence with its own entrance where the resident can live without dependence on essential facilities outside the unit.
Permit Issuance and Management
The municipal executive is authorized to designate specific areas and times where parking is restricted to permit holders. According to Article 2, the executive may categorize these permits and set specific tariffs as defined in the Verordening Parkeerbelasting.
- Maximum Capacity: The executive can set a maximum number of permits per area or category to protect the distribution of available space.
- Decision Period: The executive must decide on a permit application within four weeks of receipt, with a possible extension of another four weeks if notice is provided in writing.
- Permit Data: Every permit must contain the validity period, the designated parking area, and the license plate of the authorized motor vehicle.
Prohibitions and Enforcement
Section 3 outlines prohibited actions on stakeholder parking places to ensure the availability of spots for legitimate holders. Enforcement is carried out by persons designated by the municipal executive.
- Unauthorized Parking: It is prohibited to park a motor vehicle in a stakeholder spot during restricted times without a valid permit.
- Visibility: The permit must be clearly visible from outside the vehicle.
- Obstruction: Placing objects other than motor vehicles on stakeholder parking spots is strictly forbidden.
- Sanctions: Violations of the prohibition clauses can result in a maximum of one month of detention (hechtenis) or a first-category fine.
Revocation and Modification
A parking permit is not a permanent right and can be modified or withdrawn by the executive under specific conditions defined in Article 6.
- Relocation: If the holder no longer resides in the area for which the permit was issued.
- Misuse: If the holder violates the conditions attached to the permit or provides incorrect information during the application.
- Payment Failure: Failure to meet the financial obligations associated with the permit.
- Public Interest: The permit may be revoked for reasons of general public interest or if the parking permit system for that area is terminated.
Frequently Asked Questions
What counts as parking under the Ommen ordinance?
Parking is defined as keeping a motor vehicle stationary for a continuous period, but it does not include the time taken for immediate loading/unloading of goods or the boarding and disembarking of passengers.
How long does the municipality take to decide on a parking permit application?
The municipal executive normally decides within four weeks, though this period can be extended once by a maximum of four additional weeks.
How long is a parking permit valid in Ommen?
According to Article 5, a parking permit is granted per calendar year.
Can I park in a stakeholder spot if my permit is not visible?
No, Article 7 states it is prohibited to park in a stakeholder spot if the permit issued for that vehicle is not clearly visible.
What is the penalty for violating the Parkeerverordening Ommen 2019?
Violations can be punished with a maximum of one month in detention or a fine of the first category.
Can I use a stakeholder parking spot to store a trailer or other objects?
No, Article 8 prohibits placing or leaving any object that is not a motor vehicle on a stakeholder parking spot.
What defines an independent dwelling for a resident permit?
It is a residence with its own entrance where the resident can live without being dependent on essential facilities outside of that dwelling.
Can a parking permit be revoked if I move out of the area?
Yes, Article 6 specifies that a permit can be withdrawn if the holder is no longer a resident of the area for which the permit was granted.