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Home My WebLink AboutOrdinance 5324 ORDINANCE NO. 5324 AN ORDINANCE TO AMEND ARTICLE III PARKING METERS OF CHAPTER 72 PARKING REGULATIONS BY CHANGING ITS NAME AND ADDING PROVISIONS FOR AN ELECTRONIC PAYMENT STATION PROGRAM FOR PAID PARKING LOTS AND PAID ON-STREET PARKING AND FOR OTHER REASONS 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 amends Article III Parking Meters of Chapter 72 Parking Regulations by renaming Article III Parking Meters and Electronic Payment Stations and adding the following definitions to §72.50 Definitions: "'Electronic Payment Stations': A place where a person who has parked his vehicle in a Entertainment District Parking Zone paid parking space or lot may pay the appropriate fee for the paid parking space. `Employee Parking Card': A card issued by the Parking Division for use only by employees of businesses operating in the Entertainment District Parking Zone which may be discounted by the Mayor up to 90% of normal parking rates for certain paid parking spaces within the Zone. `Entertainment District Parking Zone': The area depicted on the map and described on Exhibit A attached to this enacting ordinance. `Proximity Access Card': A card issued by the Parking Division for a monthly fee that allows the user to access and use gated parking lots in the Entertainment District Parking Zone on weekdays from 7:00 a.m. until 4:00 p.m." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §72.51 Presumption As To Unlawful Parking in Metered Space by repealing it in its entirety and enacting a replacement §72.51 Presumption As To Unlawful Parking In Metered Space and Paid Parking Space or Lot Serviced By An Electronic Payment Station. Page 2 Ordinance No. 5324 "The indication on the parking meter or within the Electronic Payment Station System that the paid for time has expired shall be presumptive evidence, as to the parked vehicle then found in the parking space or paid parking lot regulated by such parking meter or the Electronic Payment Station System, that the owner or driver has failed to pay for all the parking used in such space or lot which shall be presumptive evidence of the violation of unlawful parking." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends §72.52 Purpose of Deposit Requirement by repealing it in its entirety and enacting a replacement §72.52 Purpose of Deposit or Electronic Payment Requirement. "The coins required to be deposited in parking meters or the electronic payment required to be made at electronic payment stations by this article are for the purpose of regulating parking, to cover part of the cost of such necessary regulation for the convenience and protection of the public, to accumulate revenues to use for the construction of additional parking facilities including parking decks, and to provide operating revenue for the Walton Arts Center." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends §72.53 Depositing Slugs Prohibited by repealing it in its entirety and enacting a replacement §72.53 Depositing Slugs or Making Simulated Electronic Payment Prohibited. "(A) It shall be unlawful for any person to deposit or cause to be deposited in any parking meter installed under this article any slug, device or substitute for a coin of the United States of America. (B) It shall be unlawful for any person to simulate an electronic payment at any electronic payment station installed under this article by any means." Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends §72.54 Tampering with Meters Prohibited by repealing it in its entirety and enacting a replacement § 72.54 Tampering with Meters or Electronic Payment Stations Prohibited. "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 or electronic pay station installed in accord with this article." Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 72.55 Collections from Meters by repealing it in its entirety and enacting a replacement § 72.55 Collections from Meters and Electronic Payment Stations. "The Parking Manager shall collect all deposits or electronic transactions from parking meters and electronic payment stations installed under this article and deliver them to the Accounting Department or as directed by the Mayor." Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends §72.57 Parking Meter Zones by repealing subsection (E) and subsection (F) in their entireties and enacting replacement subsections as shown below: Page 3 Ordinance No. 5324 "§72.57 (E) Regulated hours for parking meters. (1) Within the Entertainment District Parking Zone between the hours of 10 a.m. until 2:00 a.m. Monday —Saturday and 1:00 p.m. until 2:00 a.m. on Sunday, the owner or driver of a vehicle upon parking the vehicle in a parking meter space shall immediately deposit sufficient money as required in §72.58(II), in the parking meter. (2) Outside the Entertainment District Parking Zone between the hours of 8:00 a.m. until 6:00 p.m. Monday — Friday (except City holidays), the owner or driver of a vehicle upon parking the vehicle in a parking meter space shall immediately deposit sufficient money as required in §72.58(G) in the parking meter. "(F) Unlawful to leave vehicle parked in excess of allowed time. "Upon the expiration of the legal parking time paid for and allowed pursuant to this chapter during the period that paid parking is required, it is unlawful for the owner or driver to leave the vehicle in the parking space. Violation of such overtime parking shall be punished pursuant to §72.99." Section 8: That the City Council of the City of Fayetteville, Arkansas hereby amends §72.58 Off-Street Parking Meter Facilities; Rates for City Garage by renaming the section Off- Street parking Facilities; Rules and Rates and by repealing subsections (G), (H) and (J) in their entireties and enacting replacement subsections (G), (H) and (J) and a new subsection (M) as shown below: "(G) Gated parking lots, parking decks and parking meters outside the Entertainment Parking District Zone. For all the parking lots identified in subsection (A) and all parking meters outside the Entertainment Parking District Zone. The following parking fees are established and shall be required to be paid by the owner or operator of any vehicle parked in those spaces or parking lots: (1) Long-term metered spaces (red-capped parking meters) -- $.15 per hour. (2) All other parking meters -- $.25 per hour. (3) Gated lot (per space) -- $30.00 per month. (4) Long-term parking permits (hang tags) for use only at long-term (red- capped) meters -- $30.00 per month. (5) City Parking Deck at Meadow Street -- $45.00 per month for first and second levels, $30.00 per month for third level, plus single day usage fee of not more than $4.00 if space is available. (6) Town Center Parking Deck — not more than $70.00 per month nor more than $4.00 per day if space is available. Page 4 Ordinance No. 5324 (H) Cityparking lots and paid on-street parking spaces uvithin the Entertainment District Parking Zone. For Parking Lots 50, 55, 56 and 60 and all paid on-street parking spaces within the Entertainment District Parking Zone, the following parking fees are established and shall be required to be paid by the owner or operator of any vehicle parked in those spaces or lots: (1) Monday through Friday (a) 10:00 a.m. until 5:00 p.m. —$.50 per hour with a maximum charge of $3.00 (b) 5:00 p.m. until 2:00 a.m. the following day — $1.00 per hour with a maximum charge of$5.00 (c) 2:00 a.m. until 10:00 a.m. — free parking (2) Saturday (a) 10:00 a.m. until 6:00 p.m. —$.50 per hour with a maximum charge of $3.00 (b) 6:00 p.m. until 2:00 a.m. the following day — $1.00 per hour with maximum charge of$5.00 (c) 2:00 a.m. until 10:00 a.m. —free parking (3) Sunday (a) 1:00 p.m. until 6:00 p.m. —$.50 per hour (b) 6:00 p.m. until 2:00 a.m. the following day — $1.00 per hour with a maximum charge of$5.00 (c) 2:00 a.m. until 1:00 p.m. —free parking (4) Motorcycle and motor scooter parking in specially designated motorcycle/motor scooter paid parking spaces. The above parking rates for normal, passenger car sized paid parking spaces shall be reduced by 50% for all specially designated motorcycle/motor scooter paid parking spaces. All motorcycles and motor scooters will have to pay the normal full rate if parked within a normal, passenger car sized parking space. (5) Monthly daytime parking permits (Proximity Access Cards) for gated parking lots in the Entertainment District Parking Zone. Page .5 Ordinance No. 5324 Persons desiring to purchase monthly access to and parking within gated lots in the Entertainment District Parking Zone between the hours of 7:00 a.m. and 4:00 p.m. on weekdays (excluding holidays) may purchase a Proximity Access Card for $35.00. Any Proximity Access Card holder shall be required to pay normal hourly parking fees for any parking within the lot beyond 4:00 p.m. Special events authorized by the Mayor that require use of the gated parking lot will supersede the rights of monthly parkers during such event. (6) Discounted parking rates for employees. (Employee Parking Cards) In order to assist employees working in the Entertainment District Parking Zone, the Mayor is authorized to sell and issue Employee Parking Cards that can be used for certain more distant parking spaces at a highly discounted rate of up to 90% off the normal parking rate. (I) Overtime parking. (1) If any vehicle remains parked in any metered parking space or within a paid parking lot beyond the period paid for such parking, the owner or operator of such vehicle shall be guilty of overtime parking and be subject to the punishment specified in §72.99. (2) It is unlawful for any person to cause, allow or permit any vehicle owned or operated by said person to be parked in a gated city lot for more than 24 continuous hours. Any such illegally parked vehicle is subject to the provisions of §72.99 and to nonconsensual towing at the owner's expense who shall have post-deprivation hearing rights as set for in subsection (L). (M) The Mayor is empowered by proclamation and issuance of a special event permit to assign any or all city owned paid parking lots and specifically designated or all on-street paid parking spaces within the Entertainment District Parking Zone for the use of a permitted special event or other necessary reason for not more than sixteen (16) days per calendar year. PASSED and APPROVED this I" day of June, 2010. APPROVED ATTEST: By- — By: 60,6eJ �MNELD JO N, Mayor SONDRA E. SMITH, City Clerk/Treasggr �,��R4�JT R,.,,r•,, ;FAYETiEVILLE; • .a %9syq.�?kANSP�o�'``` ,..T THE CITY OF FAYETTEVILLE,ARKANSAS EXHIBIT A Entertainment District Parking Zone -I-.AS AT _ — x n W - --- -- — .....,, WAATSUAST _ _.— WOKxpox., WAC a SVee[P., np Y ` • p I xc CH I PAY AS YOU STAY L.1 19 - _—._ _ WMEADOW., x x Outside Boundaries of the Entertainment District Parking Zone: 1. North Boundary: Up to but not including W. Maple Street 2. East Boundary: Up to and including N. Highland Ave. 3. South Boundary: Up to but not including W. Center Street 4. West Boundary: Up to but not including N. University Ave. 5. Thompson Ave.from Lafayette Street to Watson Street On-Street Pay Parking in the Entertainment District Parking Zone: 1. N. Vandeventer Ave. 2. W. Lafayette Street 3. N. Campbell Ave. 4. W. Watson Street 5. N. St. Charles Street 6. W. Dickson Street 7. N. School Ave. 8. N. Locust Ave. between 225 N. Locust and Dickson Street 9. W. Spring Street Pay Parking Lots in the Entertainment District Parking Zone: 1. Lot 50—Northwest corner of West Ave. and Dickson St. (251 N. West Ave.) 2. Lot 56—Southeast corner of West Ave. and Spring Street 3. Lot 60-246N. School Ave. 4. Lot 55—Southwest corner of Watson St. and Campbell Ave. (320 W. Watson Ave.) 0 / 9EEEE E 6SGGS < X ƒ \\\\\ - § 7 \ 72222 § k = _ _ _ r- m2 « = ) , _ 0 [ C/) \ � \ CL� / / �CD 00 - _ P , J CD z § � ] w ? 5 ■ # / \ o a ) 77 ; } \ w w ° 69 CL /\f\\ \ / C / \) \ �Sr d < 2 ? oo = aa \ $ \ \ � 3 ) Z § k ) § 0 C 7 -4 mo fo / _ , � Oƒ B( 11 / \\ mm = _ \ ) -0\ � §U \\ a CD x © � /§ p ■ CD Z n 0 k 0 9 -4 -4 _ § \ 2 JC � CL § -69 7 2 2 ■� 9 q7 S § $ � a ■ � m / t - § 4 k City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements ❑3 5/4/2010 City Council Meeting Date Agenda Items Only Sharon Crosson Parking Management Transportation Services Submitted By Division Department Action Required: An Ordinance to amend Chapter 72 Parking Regulations of The Fayetteville Code to enact a Pay Parking Program and establish parking meter rates in the Entertainment District Parking Zone. $ - Entertainment Dist. Parking Program Cost of this request Category/Project Budget Program Category/Project Name (multiple) $ - (multiple) Account Number Funds Used to Date Program/Project Category Name $ Off-Street Parking Project Number Remaining Balance Fund Name Budgeted Item = Budget Adjustment Attached p7 1k yJ Previous Ordinance or Resolution# Department recto Date Original Contract Date: U' -- 7 ilp Original Contract Number: C Corney Date Fi nce and Internal Services Director Date Received in City fv MED Clerk's Office 1=_(p 4y1' - 10 -1 DO C ' IS ff Date Received in ERGO Mayor's Office 2„SII ID ayor ate Comments: 1.R i 1 anuary 15,2009 F e LVIOle THE CITY OF FAYETTEVILLE,ARKANSAS YDEPARTMENT CORRESPONDENCES CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Terry Gulley, Director of Transportation From: Sharon Crosson, Parking and Telecom Manager Date: April 16, 2010, 2010 Subject: An Ordinance to Amend Chapter 72 Parking Regulations of The Fayetteville Code to Enact a Pay Parking Program in the Entertainment District Parking Zone PROPOSAL: City staff is recommends the approval of an ordinance to enact a pay parking program, referred to as the Entertainment District Parking Program. The Entertainment District Parking Program encompasses the area as shown in Exhibit A and referred to as the Entertainment District Parking Zone. RECOMMENDATION: This purpose of this program is to address the parking needs of the local merchants, visitors, employees and residents of Dickson Street and surrounding areas by implementing a pay parking program in the public parking lots and on-street spaces within the district. Every Section of this program is referring completely to the areas within the boundaries defined as the Entertainment District Parking Zone. The program is designed to improve parking services in the Entertainment District and surrounding areas and achieve this goal by instituting pay parking in public facilities that are currently free, protecting adjacent neighborhoods from parking infiltration, develop an improved mechanism of enforcement for privately owned lots, which would eliminate towing and immobilization as their primary means of enforcement. The Entertainment District Parking Program will also provide a revenue source for generating funds to support the construction of a parking deck in the district. BUDGETIMPACT: Implementation of this program will generate a projected $997,084.00 in annual revenues. Recurring annual expenses will be $120,415.00 which includes staffing and operational expenses. Annual equipment lease is $177,648.00. An allocation to the Walton Arts Center will be considered and a percentage allocation will be escrowed for a future parking deck. THE CITY OF FAYETTEVILLE,ARKANSAS Meter Fees & Times; Public On-Street Parkins including Public Lots 50, 55, 56,60 Parking rates for on-street parking spaces and public parking spaces in Lots 50, 55, 56 and 60 shall be set at the following rates and times: Monday through Friday • 2:00am to 10:00 am—Free • 10:00am to 5:00pm - $0.50/hour, $3.00 max. • 5:00pm to 2:00am the following day—$1.00/hour, $5.00 max. Saturday • 2:00am to 10:00am—Free • 10:00am to 6:00pm- $0.50/hour, $3.00 max. • 6:00pm to 2:00am the following day—$1.00/hour, $5.00 max. Sunday • 2:00am to 1:00pm—Free • 1:00pm to 6:00pm - $0.50/hour • 6:00pm to 2:00am the following day—$1.00/hour, $5.00 max. Entertainment District Employee Parking Program Debit cards may be utilized by Entertainment District Employees that will provide a ninety percent (90%) discount on the current parking rate while parked in any designated discounted space. If an employee chooses to park on the prime spaces not designated for discounted parking, then their debit card shall be charged the full parking rate. The discounted parking spaces shall be determined by the Parking Manager as the needs of the public changes in the district. The "Employee Parking Cards" may be obtained at the Parking Management Division and loaded as a pre-paid card or attached to the employee's credit card. Employers that wish to provide parking benefits for their employees may also acquire and add funds to their employees' cards. Merchants may also choose this option for providing parking benefits for their customers and/or members. These cards can be programmed to operate at specific areas as well. Entertainment District Monthly Parking Permits Monthly parkers will be allowed to park based on their parking privileges as programmed in the system server. Monthly parkers will access parking using Proximity Access Cards that are authorized for use on the system server based on the monthly parker pre-payment of monthly parker fees. Monthly parkers will drive into the entry or exit lanes causing the Proximity Card Reader to arm and read a properly presented and valid Proximity Access Card. A properly presented and valid card will cause the entry or exit gate to open allowing one vehicle to enter or exit the parking facility. Each lane will be fitted with a telephone based intercom to provide customer service in the event of an emergency. The designated parking spaces valid with a monthly parking permit shall be determined by the Parking Manager as the needs of the public changes in the district. The parking fee for a parking permit is $35.00 per month and is valid from 7:00am until 4:00pm and only on weekdays, Monday through Friday, excluding national holidays. FAYETTEVILLE + THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DE'RkRTMb:NT TO: City Council FROM: Kit Williams, City Attorney L - r DATE: June 1, 2010 RE: Mayor's Proposed Amendments to the Parking Meters and Electronic Payment Stations Ordinance Mayor Jordan asked me to draft the two following amendments to the Parking Meters and Electronic Payment Stations Ordinance. §72.58 (H) (4) Motorcycle and motor scooter parking in specially designated motorcycle/motor scooter paid parking spaces. The above parking rates for normal, passenger car sized paid parking spaces shall be reduced by 50% for all specially designated motorcycle/motor scooter paid parking spaces. All motorcycles and motor scooters will have to pay the normal full rate if parked within a normal, passenger car sized parking space. (M) The Mayor is empowered by proclamation and issuance of a special event permit to assign any or all city owned paid parking lots and specifically designated or all on-street paid parking spaces within the Entertainment District Parking Zone for the use of a permitted special event or other necessary reason for not more than sixteen (16) days per calendar year. Attached is the full ordinance with the proposed amendments in place. ORDINANCE NO. AN ORDINANCE TO AMEND ARTICLE III PARKING METERS OF CHAPTER 72 PARKING REGULATIONS BY CHANGING ITS NAME AND ADDING PROVISIONS FOR AN ELECTRONIC PAYMENT STATION PROGRAM FOR PAID PARKING LOTS AND PAID ON-STREET PARKING AND FOR OTHER REASONS 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 amends Article III Parking Meters of Chapter 72 Parking Regulations by renaming Article III Parking Meters and Electronic Payment Stations and adding the following definitions to §72.50 Definitions: "'Electronic Payment Stations'. A place where a person who has parked his vehicle in the Entertainment District Parking Zone pay parking space or lot may pay the appropriate fee for the paid park parking space. 'Employee Parking Card.' A card issued by the Parking Division for use only by employees of businesses operating in the Entertainment District Parking Zone which may be discounted by the Mayor up to 90% of normal parking rates for certain paid parking spaces within the Zone. 'Entertainment District Parking Zone.' The area depicted on the map and described on Exhibit A attached to this enacting ordinance. 'Proximity Access Card.' A card issued by the Parking Division for a monthly fee that allows the user to access and use gated parking lots in the Entertainment District Parking Zone on weekdays from 7:00 a.m. until 4:00 p.m."