HomeMy WebLinkAboutOrdinance 1083 ORDINANCE N0 .
AN ORDINANCE RELATING TO TRAFFIC AND REGULATING THE USE OF OFF STREET PARKING
FACILITIES OF THE CITY OF FAYETTEVILLE, ARKANSAS ; CREATING WID DEFINING - PARKING
PIETER . ZONES ; _PROVIDING FOR THE DESIGNATION OF INDIVIDUAL PARKIATG • SPACES; DEFINING
AND PROVIDING FOR THE INSTALLATION , OPERATION, AND MAINTENANCE OF PARKING METERS;
gRESCRIBING PARKING TIME LIMITS; REQUIRING DEPOSIT OF COINS FOR THE USE OF PARKING
TERS . AND PARKING METER ZONES AND PROVIDING FOR THE COLLECTION AND DISPOSITION OF
SUCH COINS ; REPEALING CONFLICTING . ORDINANCES; PROVIDING FOR THE ENFORCEMENT THEREOF;
DEFINING OFFENSES AND PRESCRIBING PENALTIES; AND PROVIDING THAT INVALIDITY OF PART
SHALL NOT AFFECT THE VALIDITY OF THE R0MAINDER . .
WHEREAS, the narrowness of and the .volume of traffic on the streets in certain
sections of the City of Fayetteville. 'Arkansas, has the effect of congesting the
streets and impeding the movement of 'traffic ; and
11HERFAS; it is the opinion of the City Council of ,.the City of Fayetteville,
Arkansas, that the best method by which the above mentioned conditions may be
remedied is by establishing off-street parking facilities , by restricting parking
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in said areas to reasonable intervals of time and by compelling the operators of
vehicles who e4joy the use of the parking space so designated to pay a portion of
the cost of establishing, maintaining aryl regulating the use of said parking spaces;
and
N.HERFAS, it is desirable to employ some mechanical assistance in the enforcement
of said parking• limitations '•and
WERFAS , parking meters have been installed on a number of streets and highways
throughout the city as an aid to the' police in reducing traffic difficulties ;
NOW, THEREFORE, ',BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
STATE OF ARKANSAS :
Section 1. Definitions . For the purpose of this ordinance :
(a ) The word "vehicle" shall mean any device in, upon or by which any person
or property is or may be transported upon -a highway, except a device which is operated
upon rails or tracks .
(b) The word. "person" shall mean and include any individual, firm, co-partnerdrip ,.
Association or corporation.
( c ) The _ word "operator" shall mean and include every individual .who shall operate
a vehicle as the owner thereof , or as the agent, employee or permittee of the owner, or
is in actual physical control of a vehicle .
( d ) The word "park" or "parking" shall mean the standing of a vehicle, whether
occupied or not , upon an off-street parking facility otherwise than temporaiily for
the purpose of, and while actually engaged in, receiving or discharging passengers
or loading or unloading merchandise or in obedience to traffic regulations , signs
or signals or an involuntary stopping of the vehicle by reason . of causes beyond the
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DATE 1973
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control of the operator of the vehicle .
( e ) The words "Parking Meter" shall mean 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. Each parking meter installed shall indicate ,
by proper legend the legal parking time established by the city and when operated
shall at all times indicate the balance of legal parking time, and at the expiration
of such period shall indicate illegal or overtime paricing.
( f ) The words, "Parking Meter Facility"shall mean and include any real
estate ( except public street , . avenue, road, alley, . or highway not specifically
described herein) owned, leased, or operated by the City of Fayetteville, Arkansas ,
upon which parking meters are installed and in operation for the use of vehicles .
( g) The words "Parking Meter Space° shall mean any space within a parking
meter facility, adjacent to a parking meter and which is duly designated for the
parking of a single vehicle by lines painted or otherwise durably marked on the
curb or concrete islands provided.
Section 2 . Parking Meter Facility. The following named and described real estate
and such other real estate as may hereafter be included in this section by amendment
hereto, lying within the corporate limits of the City of Fayetteville, Arkansas , shall
constitute a Parking Meter Facility, namely:
Lots numbered eight ( 8 ) -to fifteen ( 15 ) , inclusive , in Block
Twenty-six ( 26 ) of the Original plat of the City of Fayetteville,
Arkansas, including an alley ten ( 10 ) feet in width and running
in an Fast and West direction and adjoining the southern boundary
of Lots .Twelve (12 ) *o Fifteen ( 15 ) , inclusive, and the , northern
boundary of Lots Eight ( 8 ) to Eleven (11) , inclusive.
Section 3 . Designation of Parking Spaces. The Mayor is hereby directed and
authorized to mark off individual parking spaces in the parking facility designated
and described in Section 2 of this ordinance and in such other facilities as may
hereafter be established, said parking spaces to be designated by lines painted or
durably marked on the curbing or otherwise : At each space so marked off it shall
be unlawful to park any vehicle in such a way that said vehicle shall not be
entirely within the limits of the space so designated.
Section 4. Installation of Parking Meters . In said parking meter facility the
Mayor shall cause parking meters to be installed upon the curb immediately adjacent
to the parking spaces provided ' in Section 3 of- this ordinance, said installation to
be placed not more than two ( 2 ) feet from the curb or concrete island as provided
from the front line of the parking space as indicated, and the Mayor shall be
responsible for the regulation, control, operation, maintenance, and use of such
parking meters. Each device shall be so set as to display a signal showing legal
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pa -ting upon the deposit of the appropriate coin or 'coins , lawful- money of the
United States of America , for the period of time prescribed by this ordinance.
Each device shall be so arranged that upon the eapirationrof the lawful time limit
it will indicate by a proper visible signal that the lawful parking period has
expired and in such cases the . right of such vehicle to occupy such space shall
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cease and the operator,, owner, possessor of' manager thereof shall , be subject to
the penalties hereinafter provided . '
Section 5. Operation of Parking Meters . Except in a, period ' of emergency
determined by an officer of the Eire or Police Department, or in compliance with
the directions of a police officer or traffic control sign or signal, when any
vehicle shall be parked in any parking space alongside or next to which a- parking
meter is located, the operator of such vehicle shall, upon entering the said parking
meter space, immediately deposit or cause to be . deposited 'in said meter such proper
coin of the United States as is required for such parking meter and as is designated
by proper directions on the. ,meter, and when required by .the directions on the meter,
the operator of such vehicle, after the deposit of the proper coin or coins, shall
also set in operation the timing mechanism on such meter in accordance with directions
properly appearing thereon, and failure to deposit .such proper coin, and to set the
timing mechanism in operation whenso required, shall constitute a violation of this
ordinance . Upon the deposit of such coin ('and the setting of- the timing mechanism
in operation when so required ) the parking space may be lawfully occupied by such
vehicle during the period of time which has been pres cribed, .. provided that any
person placing a vehicle in a parking meter space adjacent to a . meter which indicates
that unused time has been left in the ' nieter by the previous occupant of the space
shall not -be required to, deposit a coin .so long as his occupancy of said space does
not exceed the indicated unused parking time .. If said vehicle shall remain parked in
any such parking space beyond the parking . time 'limit set for such . parking space, and
if the meter shall indicate such illegal parking, then, and in that event, such vehicle
shall be considered 'as parking overtime- and beyond the period of legal parking time,
and such parking shall be deemed a violation of this ordinance. t
Section 6. Parking Time Limits. (a ) Parking or standin& a vehicle in a
designated space in a parking meter facility shall be lawful for twelve ( 12 ) minutes
upon deposit of a one-cent coin, twenty-four ( 24) minutes upon the deposit of two ( 2 )
one-cent coins. - thirty-six (36) minutes upon the deposit of three (3 ) one-cent coinsy ,
forty-eight ( 48 ) minutes upon the depoeit .of four one-cent coins, or sixty ( 60 ) minutes
upon the deposit of five (5 ) one-cents or one ( 1) five-cent coin of the United
States of America ; such parking shall be lawful for like periods of timeAfrom one
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( 1) houx to ten ( 10 ) hours , inclusive, upon depositing the necessary amount of coins,
4diether pm=ries, nickels , -dine&, or quarters , required for the amount of parking time
desired at the aforesaid rates of five . (5 ) cents per hour .
(b ) Said parking meters shall be operated in said parking meter facilities every
day between the hours of eight olclock . A.M, and six 61clock P.M. , except Sundays and
legal holidays .
Section 7 . 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 failed to deposit, 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 8 . Violations . It shall be unlawful and a violation of the provisions
of this ordinance for any person :
(a ) To cause, allow, permit or suffer any vehicle registered in the name of,
or operated by such person to be parked overtime, or beyond: the period of legal
parking time established. for any parking meter facility as herein described, or to
deposit in any parking meter any coin for the purpose of parking beyond the maximum
legal parking time for the particular parking meter zone .
( b ) To permit any vehicle to remain or be placedinany parking space adjacent
to any parking meter while said meter is displaying a signal indicating that the
vehicle occupying such parking space has already- been parked beyond the period
prescribed. for such parking space.
' ( c ) To park any vehicle across any line or marking of 'a parking meter space
or in such position that the vehicle shall not be entirely within the area designated
by such lines or markings. "- _
( d) To deface, injure, tamper with, open or wilfully break, destroy, or impair
the usefulness of any parking meter installed under the provisions of this ordinance.
( e ) To deposit or cause to be deposited in any parking meter any, slugs, device
or metal substance, or other substitute for lawful coins.
Section 9 . One Traffic. (a ) The Mayor is hereby authorized to determine and
designate specific lanes upon the real estate described in Section 2 above upon which
vehicular traffic shall proceed in one direction only and shall cause to be placed
appropriate markings, . signs , barriers, or other deviees to give notice thereof . The
Mayor shall cause to be erected signs temporarily designating lanes to be usedrby
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traffic moving, in a particular direction, regardless of the center line of the
roadway.
( b ) Upon the real estate described in Section 2 above vehicular traffic shall-
move
hallmove only in the indicated direction when signs indicating the direction of traffic ..
are erected and maintained.
( c ) It shall be unlawful for any person to operate any vehicle in. violation of such
markings , signs, . barrier's, or other devices so placed in accordance with this section.
Section 10. Enforcement. It shall be the duty of the Police Department . to
enforce the provisions of this ordinance .
Section 11. Collections. It shall be the duty of the Mayor 'to designate
to make regular collections of the money
deposited in said meters and it sha113'be the duty of such persons so designated to
deliver the coins sozdeposited in said meters to the City i" for deposit to the
credit of the City of Fayetteville, Arkansas . All collectors shall' post a fidelity
bond in such sum as the Council may direct , but premiums on ' said 'bonds shall be paid
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by the City of Fayetteville .
Section 12 . Use of Funds. - The 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 13 . Penalty. ' Any person who shall violate or fail to comply with any
of the provisions of this ordinance, or who shall counsel., aid ,or abet any such
violation or failure to comply, shall be deemed, guilty of an offense and shall be
punished by a fine of not to exceed Five Dollars ,( $5 . 00 ) for such offense.
Section 14. Reservation of Powers . Nothing • in this ordinance shall be
construed as prohibiting the City - of•, Fayettevillei Arkansas, from providing for bus
stops, for taxicab stands and other matters of similar nature, including - ttie loading
or unloading of trucks, vans, or other commercial vehicles .
Section 15. . Repeal of Conflicting Ordinances •'e All 4ordi nano I es and parts of
ordinances inconsistent with the terms of this ordinance are hereby repealed;
Provided, however, . that such repeal shall be only to the extent of , such inconsistency
and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance .
Section 16. Severability. If any section or provisions, or parts thereof in
in
this ordinance shall be adjudged invalid or u#constitutional, , such/validity or
unconstitutionality shall not affect the validity of the ordinance as a whole or
of any other section ; or provision or part hereof . .
Section 17 . Exercise of Police Pourer . This entire ordinance shall be deemed
and construed to be an exercise - of the police power of the City of Fayetteville in
the State of Arkansas for the preservation and protection of public safety, and
all of its provisions shall be liberally construed with a view to the effectuation
of such purpose .
Section 18 . Emergency Clause . It appearing that. traffic conditions in the
City of Fayetteville, Arkansas, are such that immediate regulation as provided in
this ordinance are necessary for the preservation of the public health, peace, and
safety, an emergency is hereby declared to. exist and this ordinance shall be in
full force and effect from and after its passage and approval.
. PASSED AND APPROVED THIS DAY OF JUNE, 1955.
ROY A*- _ mayor
ATTEST:
J. 1P. McGNMEj City Clerk
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