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Home My WebLink AboutORDINANCE 5843OF FAY.E7- F A 4RKA..NS pS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5843 File Number: 2016-0007 AMEND § 72.02 NONCONSENSUAL, POLICE -INITIATED TOWING, STORAGE AND IMPOUNDMENT PROCEDURES AND § 72.03 PARKING PROHIBITED IN CERTAIN PLACES: AN ORDINANCE TO AMEND § 72.02 NONCONSENSUAL, POLICE -INITIATED TOWING, STORAGE AND IMPOUNDMENT PROCEDURES AND § 72.03 PARKING PROHIBITED IN CERTAIN PLACES TO CLARITY THAT PERSONS MAY NOT LEGALLY PARK THEIR MOTOR VEHICLES ON CITY TRAILS WHEREAS, our citizens using City multi -use trails have encountered problems with persons parking their motor vehicles on these trails; and WHEREAS, it was not anticipated that persons would block multi -use trails by parking their motor vehicles upon them and so no express prohibition of this rude and disruptive behavior was originally enacted into our Parking Regulations Chapter of the Fayetteville Code, but should be enacted now. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby enacts an amendment to § 72.02 Nonconsensual, Police -Initiated Towing, Storage and Impoundment Procedures (A) by amending its introductory language to read as follows: "(A) In addition to ticketing an illegally parked vehicle, the police department is hereby authorized to initiate a nonconsensual tow or otherwise remove a vehicle from a highway, street, street right-of-way, trail, trail right -of- way, city parking lot or other City owned property or right-of-way not authorized for parking, and have it towed to a storage facility within Fayetteville or within three miles of the city limits under the following circumstances:" Page 1 Printed on 1120116 File Number: 2016-0007 Ordinance 5843 and amends subsection (3)'s introductory language to read: "When any vehicle is parked illegally and left unattended upon a street, street right-of-way, trail or trail right -of- way and (a) constitutes a hazard or obstruction to the normal movement of traffic on the street or trail " Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 72.02 (B) and (C) of the Fayetteville Code by replacing "street" with "prohibited parking area" in both subsections. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends § 72.03 Parking Prohibited in Certain Places by enacting new subsections (0) and (P) as shown below: "(0) On a City trail or trail right-of-way except for government vehicles on official business. (P) In a City Park except for areas designated for parking or otherwise allowed by City staff." PASSED and APPROVED on 1/19/2016 Attest: Lisa Branson, Deputy City Clerk Page 2 Printed on 1120116 t City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 At (479) 575-8323 r; Text File File Number: 2016-0007 Agenda Date: 1/19/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 2 AMEND § 72.02 NONCONSENSUAL, POLICE -INITIATED TOWING, STORAGE AND IMPOUNDMENT PROCEDURES AND § 72.03 PARKING PROHIBITED IN CERTAIN PLACES: AN ORDINANCE TO AMEND § 72.02 NONCONSENSUAL, POLICE -INITIATED TOWING, STORAGE AND IMPOUNDMENT PROCEDURES AND § 72.03 PARKING PROHIBITED IN CERTAIN PLACES TO CLARITY THAT PERSONS MAY NOT LEGALLY PARK THEIR MOTOR VEHICLES ON CITY TRAILS WHEREAS, our citizens using City multi -use trails have encountered problems with persons parking their motor vehicles on these trails; and WHEREAS, it was not anticipated that persons would block multi -use trails by parking their motor vehicles upon them and so no express prohibition of this rude and disruptive behavior was originally enacted into our Parking Regulations Chapter of the Fayetteville Code, but should be enacted now. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby enacts an amendment to § 72.02 Nonconsensual, Police -Initiated Towing, Storage and Impoundment Procedures (A) by amending its introductory language to read as follows: "(A) In addition to ticketing an illegally parked vehicle, the police department is hereby authorized to initiate a nonconsensual tow or otherwise remove a vehicle from a highway, street, street right-of-way, trail, trail right-of-way, city parking lot or other City owned property or right -.of --way not authorized for parking, and have it towed to a storage facility within Fayetteville or within three miles of the city limits under the following circumstances:" and amends subsection (3)'s introductory language to read: "When any vehicle is parked illegally and left unattended upon a street, street right-of-way, trail or trail right-of-way and (a) constitutes a hazard or obstruction to the normal movement of traffic on the street or trail,..." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 72.02 (B) and (C) of the Fayetteville Code by replacing "street" with "prohibited parking area" in both subsections. City of Fayetteville, Arkansas Page 1 Printed on 112012016 File Number: 2016-0007 Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends § 72.03 Parking Prohibited in Certain Places by enacting new subsections (0) and (P) as shown below: "(0) On a City trail or trail right-of-way except for government vehicles on official business. (P) In a City Park except for areas designated for parking or otherwise allowed by City staff." City of Fayetteville, Arkansas Page 2 Printed on 112012016 Legistar ID No.: 2016-0007 AGENDA REQUEST FORM FOR: Council Meeting of January 19, 2016 FROM: City Attorney Kit Williams ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND § 72.02 NONCONSENSUAL, POLICE -INITIATED TOWING, STORAGE AND IMPOUNDMENT PROCEDURES AND § 72.03 PARKING PROHIBITED IN CERTAIN PLACES TO CLARIFY THAT PERSONS MAY NOT LEGALLY PARK THEIR MOTOR VEHICLES ON CITY TRAILS APPROVED FOR,AGENDA: J14115"&Ic(':�? City Attorney Kit Williams Date DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Chief Tabor FROM: Kit Williams, City Attorney DATE: December 31, 2015 RE: Motor Vehicles Parked On City Trails Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford Paralegal It has come to our surprised attention that a few persons are using portions of City Multi -Use trails as parking for their motor vehicles. This is one use I doubt any of us anticipated. Attached please see a photo showing a trail partially blocked by five motor scooters. I should also note that none of these internal combustion motor powered scooters are legal for trail use and so should never be on the trail. We understand that the apartment management has tried without success to prevent this misuse of the trail right of way. Without an express prohibition against motor vehicles being parked on City trails in the Fayetteville Code, the police cannot issue tickets or remove such improperly parked motor vehicles. Therefore, I have drafted amendments both to § 72.02 (A) Nonconsensual, Police -Initiated Towing, Storage and Impoundment Procedures and to § 72.03 Parking Prohibited In Certain Places by adding new subsections (0) and (P). (P) actually deals with something that I do not believe is a problem now, and I hope it will never be a problem - parking in non -allowed areas of City parks. With the development of the Regional Park, the City will need tools to ensure parking remains in designated areas as authorized by City staff. This subsection provides such authority to City staff. .a <r". f Yti �,: �.E ��aa'�"nX° '� s . >r a r5 Wiz... FAYETTEVILLE CODE OF ORDINANCES TITLE VII TRAFFIC CODE CHAPTER 72 PARKING REGULATIONS ARTICLE I GENERAL REGULATIONS 72.01 Application Of Parking Prohibitions Or Limitations The provisions of this chapter prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs, except when it is necessary to stop -a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device. The provisions of this chapter imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing,or parking of vehicles in specified places or at specified times. The overtime parking prohibitions. prescribed by this chapter shall not apply to governmental vehicles. (Code 1965, §19-139; Ord. No, 1447, 6-7-65; Ord. No. 3350.4- 29-88) *Cross references) --Parking in public parks, §97.052. 72.02 Nonconsensual, Police -Initiated Towing, Storage And Impoundment Procedures (A) to addition to ticketing an illegally parked vehicle, the police department is hereby authorized to initiate a nonconsensual tow or otherwise remove a vehicle from a highway., street, street right-of-way, or city parking tot and have it towed tQ a storage facility within Fayetteville or within three miles of the city limits under the following circumstances: (g) (1) When any vehicle is left unattended upon any bridge, viaduct or causeway or in any tunnel where such vehicle constitutes an obstruction to traffic. (2) When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or (3) When any vehicle is parked illegally and left unattended upon a street or street right-of-way, and (a) constitutes a hazard or obstruction to the normal movement of traffic on the street, Apo o. .-k CD72:5 (b) obstructs a driveway or access to a fire hydrant, (c) is parked in a prohibited area or tow away zone that is so designated by a sign or other official markings, or (d) is parked continuously upon any street for more than seventy-two hours. (4) When any vehicle is parked beyond the period allowed in a city parking lot and the parking space is needed for reserved parking or a special event or if parked more than 24 continuous hours beyond the period allowed. The Mayor or mayor's designee may also order such illegally parked vehicle in a city parking lot to be towed at the vehicle owner's expense." (5) If a difficult to tow vehicle that cannot reasonably be towed by the property owner's normal towing company needs to be removed from a private parking lot, the parking lot owner may request the police department to initiate a nonconsensual tow. If the police officer agrees that the vehicle presents an unusual and difficult towing situation and the property owner presents facts to support a substantial need for the immediate removal of the vehicle, the police officer may initiate a nonconsensual tow using the police department's normal towing company. Whenever the police department removes a vehicle from a street under this section and does know or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, the police department shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefor and the place to which such vehicle has been removed. (C) Whenever the police department moves a vehicle from a street under this section and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinabove provided, and in the event the vehicle is not returned to the owner within a period of three days, written report of such removal shall be made to the state department whose duty it is to register motor vehicles. Such FAYETTEVILLE CODE OF ORDINANCES TITLE VII TRAFFIC CODE notice shall include a complete description of the parking would obstruct traffic. vehicle, the date, time and place from which removed, the reasons for such removal, the name (L) On the roadway side of any vehicle stopped or of the garage or place where the vehicle is stored. parked at the edge of a curb or street. (D) The owner or lessee of any vehicle towed or impounded pursuant to this section is entitled to a prompt post -deprivation hearing and all rights there under as provided in §72.58(L). The owner or lessee of any vehicle properly towed pursuant to this section shall be required to pay the towing and storage costs. (Code 1965, §19-140; Ord. No. 1447,6-7-65; Ord. No. 2630, 5- 6-80, Code 1991, §72.02:Ord. No. 4388, 4-16-02; Ord. 5326, 6-1-10) Cross reference --Penalty, §72.99. 72.03 Parking Prohibited In Certain Places No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic -control device, in any of the following places: (A) On a sidewalk. (B) In front of a public or private driveway. (C) Within an intersection. (D) On a crosswalk. (E) Within 15 feet of a fire hydrant. (F) Within 20 feet of a crosswalk at an intersection. (G) Within 30 feet upon the approach to any flashing beacon, stop sign or traffic control signals located at the side of a roadway. (H) Between a safety zone and the adjacent curb or within 30 feet of points of the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings. (1) Within 50 feet of the nearest rail of a railroad crossing. (J) Within 20 feet of the driveway entrance to any fire station and, on the side of the street opposite the entrance to any fire station, within 75 feet of said entrance, when properly signposted. (K) Alongside or opposite any street excavation obstruction when such stopping, standing or CD72:6 (M) Upon any bridge or other elevated structure upon a highway or within a highway tunnel. (N) At any place where official signs prohibit stopping. (Code 1 5 1 -110; 0 d. o. 1447, 6-7- �, C de 1991, §72,03) Cross reference(s)-Penalty, §72.99. State law references) --Restrictions on stopping, standing, or parking generally, A.C.A. §27-51-1301; Stopping, standing, or parking prohibited in specified places, A.C.A. §27- 51-1302; Stopping, standing, or parking outside of business or residence district, A.C.A. §27-51-1303. 72.04 Unattended Vehicles No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition and removing the key or, when standing upon any perceptible grade, without effectively setting the brake thereon and turning the front wheels to the curb or side of the highway. (Code 1965, §19-109; Ord. No. 1447, 6-7-65; Code 1991, §72.04) Cross references) --Penalty, §72.99. State law references) --Unattended motor vehicles, A.C.A. §27-51-1306. 72.05 Starting A Stopped Vehicle No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety. (Code 1965, §19-112; Ord. No. 1447, 6-7-65; Code 1991, §72.05) Cross reference(s)--Penalty, §72.99. State law references) --Starting of vehicles, A.C.A. §27- 51-1308. 72.06 Method Of Parking Pursuant to A.C.A. §27-51-1301, a vehicle parked on any street in the city shall be parked on the right-hand side of the street, headed in the direction of traffic with its right-hand wheels parallel to and within 18 inches of the curb, except where streets have been marked for angle parking, and except that, on one-way streets, vehicles may be parked on the left-hand side of the street, unless parking is prohibited on such side. In every case, a vehicle shall be parked entirely within any lines or markings on the street designating parking NoRTHWESTARKANsAs MM-Dem0c t -W 05axiette CJ [,C:;Xt� t T-Tt= fli.l..�, f , 72:i72 c �7h—Ll42-1700 - I=AX� 479-69S—TH8 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FA_YETTEVILLE Ord. No 5843 Was inserted in the Regular Edition on: January 28, 2016 Publication Charges: $ 116.73 lq'L Cathy Wile Subscribed and sworn to before me This '1% day of C-gLU. , 2016. F-irg-Publi My Commission �,��E1FdBf,�9 Cl^,VF�AO°r��® 'NGi�R( **NOTE** Please do not pay fr �y� �Affiid� , Invoice will be sent. ,¢fti,d,