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HomeMy WebLinkAboutOrdinance 931 COPY OF ORDINANCE NO. 931 AN ORDINANCE REGULATING TRAFFIC AND THE USE OF CERTAIN PUBLIC STREETS AND HIGMVAYS IN THE CITY OF FAYETTEVILLE , ARKANSAS, PRESCRIBING REGU- LATIONS. RELATIVE TO THE PARKING OF . VEHICLES UPON SUCH PUBLIC STREETS AND HIGHIVAYS: PROVIDING FOR THE INSTALLATION, OPERATION,. MAINTENANCE , iTiPERVISION, REGULATION AND CONTROL FOR THE USE OF PARKING METERS: J FINING AND PROVIDING FOR THE ESTABLISHMENT OF PARKING METER ZONES UPON THE PUBLIC STREETS, PR OV,IDING FOR THE ENFORCEMENT AND PENALTIES FOR THE VIOLATION HEREOF ,; AND .FOR OTHER , PURPOSES . BE IT ORDAINED BY THE CITY. COUNCIL OF THE CITY OF FAYETTEVILLE* ARKANSAS: SECTION I. The terms used in this ordinance shall be . interpreted as herein defined. (a) Parking Meter . The words "parking meter " whenever used in this ordinance shallmean and include any mechanical device or meter not inconsistent with this ordinance placed or erected for the regulation of parking by authority of this ordinance . (b) Parking Meter Space . The words "parking meter space " as used herein shall mean the space alongside the curb in which a vehicle shall be properly parked, which be indicated clearly by painted lines or otherwise , and adjacent to which a parking : . ;:er is installed within four feet of the front line of said - space . (c) Parking Meter Zones . Parking Meter Zones shall mean portions of streets described and established by the City Council of the City of Fayetteville as zones within which the parking of vehicles shall be controlled, regulated, and inspected with the aid of timing devices or meters , herein referred to as parking meters or meters . SECTION II. The following portions of streets in the City of Faye tteville , Arkansas , are hereby established as parking meter zones : ONE HOUR ZONES: Public square and all streets leading from square for one ( 1 ) block. College Avenue from Rock Street to Spring Street. Dickson Street from Church Street to Avenue Avenue . West Street from Lafayette Street to Dickson Street. School Street from Dickson Street to Spring Street. TWO HOUR ZONES: Meadow Street from College Avenue to Church Street. East Street from Meadow Street to Spring Street. Block Street from Meadow Street to Spring Street. West Center Street from Church Street to Locust Street. West Mountain Street from Church Street to Locust Street. SECTION III.. Installation of Parking Meters. In said parking meter zones hereby created or hereafter created byordinance of the City Council , parking meters shall be installed within or near.-the curb line facing alongside of such spaces as may be designated ,- `1within City Council, an which . spaces , it deems advisable or necessary for the proper MICROFILMED 1978 DATE REEL Ordinance No. 931 Page Two regulation of parking of vehicles , said installation to be placed riot more than two (2) feet from the curb nor more thin , four (4) feet from the front line of the parking space as indicated and which spaces shall: be marked out as individual parking meter spaces for vehicles . Each of such meters shall . be set to operate upon the deposit therein of one tp five one-cent coins and/or a five -cent coin of the United States of America for the period of time prescribed as parking time limits in Section V of this ordinance. Each of such meters shall be so arranged so as to show or display a signal, and which shall clearly indicate whether the time limit during which parking in that space is permitted has expired. SECTION IV . Operation of Parking Meters . Except in a period of emergency determined by an officer of a fire company or of the Police Department, or except 'iu compliance with the directions of a police officer of traffic control signal, when any vehicle shall be parked in a space regulated by a parking meter , between the hours of 8: 00 a. m . and 6 :00 p . m . , on any day except Sunday and public holidays , the owner , operator or driver of such vehicle shall, upon entering said parking space , immediately deposit one to five one- cent coins or a five- cent coin, of the United States of America, in the parking meter regulating such space and placed in front or alongside thereof. The legal signal shall be white . The illegal signal shall be red. x SECTION V . Parking Time Limits . Any vehicle parking or standing in any , designated parking space in a parking meter zone shall be parked within the lines marked on the street or curb and may occupy said space during the parking limit provided by the ordinance of the City of Fayetteville for the part of the street in which said parking space is located. Parking or standing a vehicle in a designated space in a parking meter zone shall be lawful for twelve ( 12 ) minutes upon deposit of a one- cent coin, for twenty- four (24) minutes upon deposit of two one- cent coins , for thirty- six ( 36) minutes upon deposit of three one-cent coins , for forty- eight ( 48 ) minutes upon deposit of four onarcemt ca' J e„ or for sixty (60 ) minutes upon deposit of five ane = cent coins or a five- cent coin, of the United States of America, and in those parking meter zones having two-hour meters the second hour of time or a, part thereof, may be acquired in the same manner in which the first hour is acquired as herein above set forth. Failure to deposit such proper coin shall constitute a violation of this ordinance . Upon the expiration of the legal parking time , it shall be the duty of the owner , or driver of the vehicle forthwith to remove the vehicle from the parking space , and it shall be unlawful for any person to cause , allow, permit, or suffer any such vehicle registered in his name to be parked or standing over .- time , or remain therein beyond the parking time limit prescribed by this ordinance . SECTION VI. Presumption of Unlawful Parking . The fact that the timing device on any parking meter is not in operation shall be presumptive evidence as to a parked vehicle then found in the parking space regulated by such parking meter that the owner or driver tailed todeposit, or cause to be deposited, the required coin or coins in said meter and the mechanical indication by such meter of a "violation" shall be presumptive evidence of unlawful parking . SECTION VII. It shall be unlawful for any person to permit a vehicle registered in his . name to remain or be placed in any parking space alongside of or next to which any parking meter is placed while ' said parking meter is displaying a signal showing that the time for which the privilege to park in such space has been granted, has expired, without making the deposit required in Section V . above. Ordinance No . 931 - 3 - SECTION VIII. Vehicles shall be at all times parked wholly within the parking meter spaces as marked, and where the parking meters are placed in front of parking meter spaces , the radiator shall be as near as possible to the parking meter controlling said spaces , and where the parking meters are placed alongside of said parking meter spaces , the front fender or front wheel of said vehicle shall be as near as possible to the parking meter controlling said spaces , which spaces shall be kept clearly marked at all times , and it shall be unlawful to park vehicles in a way that the same shall not be wholly within the area disignated by the lines for parking for such spaces . SECTION IX . The one- cent or five- cent coins required to be deposited, as provided herein, are for the purpose of regulating parking and to cover part of the cost of such necessary regulation for the convenience and protection of the public . SECTION X . No parking meter authorized herein shall be so installed or a parking space so established, that it will obstruct the convenient egress and ingress to any property abutting on any street. SECTION XI . It shall be unlawful for any person to deface , injure , tamper with , willfully break, destroy or impair the usefulness of, or to open without lawful authority, any parking meter installed in said parking meter zones . It shall be unlawful to deposit or cause to be deposited in any parking meter any slug , device or substitute for a one - cent coin or a five - cent coin of the United States of America. SECTION XII. The Mayor is authorized to assign or cause to be assigned a comw petent person or persons to make collections of deposits from said parking meters which shall be delivered to the City Clerk and deposited to the credit of the City of Fayetteville . All collectors shall post a fidelity bond in such sum as the Council may direct, but premiums on said bonds shall be paid by the City of Fayetteville . SECTION XIII. Nothing in this ordinance shall be construed as prohibiting the City of Fayetteville from providing for bus stops , for taxicab stands and for other matters of similar nature, including the loading or unloading of trucks , vans or other commercial vehicles . SECTION XIV . If any section , provision or part thereof in this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole , or any section, provisions or part thereof, not adjudged invalid or unconstitutional . SECTION XV . Any person, firm or corporation , who shall violate or permit , suffer or allow anyone under his , their or its direction or control to violate any provisions of this ordinance shall upon conviction, be punishable by a fine not exceeding five dollars ( $5 . 00) for each offense . Any person, firm or corporation who shall aid, abet or assist in the . violation of the provisions of this ordinance shall , upon conviction, be punishable by a fine not exceeding five dollars ($5 . 00 ) for each offense . 4 _ SECTION XVI. All ordinances or parts of ordinances in conflict herewith are hereby rc_ caled, and it appearing that traffic conditions in the City of Fayetteville are such _ctimmedicate regulation as _, rovided in this ordinance are necessary for the acervation of the public health , peace and safety, an emergency is hereby declared to X:ict , and this ordinance shall be in full force and effect from and after the 1st day of 4_arch , 1948 . Passed and approved this 23rd day of February, 1948 . / s / G . T . SANDERS MAY CR nTT STi / s / J. V1 , McG HEE CITY CLERK