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HomeMy WebLinkAboutOrdinance 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." 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. "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: "§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(H), 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. (H) City parking lots and paid on -street parking spaces within 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. 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 4th day of May, 2010. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer 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 10:00 a.m. until 5:00 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. "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." 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: "§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 a.m. 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(H), 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) 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. (H) City parking lots and paid on -street parking spaces within the Entertainment District Parking Zone. (1) 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) Monthly daytime parking permits ( Proximity Access Cards) for gated parking lots in the Entertainment District Parking Zone. Persons desiring to purchase monthly access to and parking within gated lots in the Entertainment District Parking Zone between the hours of 10:00 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. (5) 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). PASSED and APPROVED this 4th day of May, 2010. APPROVED: By: ATTEST: in LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ORDINANCE NO. At ORDINANCE TO AMEND OF CHAPTER 72 PARKING ITS AME AND ADDING PR PAY NT STATION PROGRAI PAID ON -STREET PARKING A BE IT C FAYETTEVILLE, K E III PARKING METERS ATIONS BY CHANGING S FOR AN ELECTRONIC )R PAID PARKING LOTS AND FOR OTHER REASONS BY THE kITY COUNCIL OF THE CITY OF Section 1: That the Ci Cou it of the City of Fayetteville, Arkansas hereby amends Article III Parking Me ers f Chapter 72 Parking Regulations by renaming Article III Parking Meters and E tronic Payment Stations and adding the following definitions to §72.50 Definitions: "Electronic Paymy4t Stations'. A place where a person who has parked his vehi e in the Entertainment District Parking Zone pay parking space/r lot may pay' the appropriate fee for the paid park parking spac . 'Employee farking Card.' A card issued by the Parking Division for use on by employees of businesses operating in the Enterta' ment District Parking Zone which may be discounted by the Myor up to 90% of normal parking rates for certain paid park' g spaces within the Zone. �rtainment District Parking Zone.' The area depicted on the map 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 10"00 a.m. until 5:00 p.m." EXHIBIT A Entertainment District Parking Zone cpmc ` � W PEAOAN 9i—'�� _ x r WMOUNi NO_RO Si II l � WBOLES Si ALLEYSi_ S al S-. WOICMSON Si ........ ... r;lOx� S�<," W I,wiWgtj;,{7 _ WWNIlESI0E 6i — % L)<'/A - T ON SIriBL Parking p� 5r O I p / O I PAY PARKING --- RESIDENTIAL PARHWG PAYYYATTONs M O41 �— - .,. _-._. WSPRINOS �c - n � Per,IHN Lot Z R lY PARAE-YOUSTAY LOT /) Y T�CITY y O CITY PAABY-SPACE LOT PRIVATE PAYITOWENFOF i (� _�— WMEAOOWST —_—s D1.1,1 l �`, jS1l1[ U Fnlorlenmenl OlnAn �i 51roe1 0 p>0 UO 1.080 Feel Bi — WCEHiFRkJ_____ L -r:+, F'HeGaeO Summary of Parking Spaces: Count: Pay Parking — Public Parking Lots 521 Pay Parking — Public On -Street 210 Mixed Use — Public Pay + Residential South 59 Residential Parking Zone South 79 Residential Parking Zone North 116 TOTAL SPACES 985 City of Fayetteville Parking Management Office 113 W. Mountain St. Fayetteville, Arkansas Phone: 479-575-8280 Fax: 479-575-8250 Email: parkin2(a),ci favetteville ar. its Website: www.access favetteville.nre DRAFT04/13/2010 City of Fayetteville, AR Fx I s --ih 1. Aw FAYETTEVILLE CODE OF ORDINANCES TITLE VII TRAFFIC CODE loading of materials, in any place marked as a freight curb loading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of materials exceed 30 minutes. (Code 1965, §5119-132,119-133; Ord. No. 1447, 6-7-65; Code 1991, §72.31) Cross reference(s)--Penalty, §72.99. 72.32 Designation Of Bus Stops And Taxicab Stands; Use Of Such Locations (A) The traffic superintendent is hereby authorized to establish bus stops, bus stands, taxicab stands and stands for other passenger common -carrier motor vehicles on the public streets in such places as he shall determine to be of the greatest benefit and convenience to the public, such bus stops, bus stands, taxicab stands or other stands so established shall be designated by appropriate signs where deemed by the traffic superintendent as necessary. (B) The following rules shall govern the stopping, standing and parking of buses and taxicabs: (1) The operator of a bus shall enter a bus stop, bus stand or passenger loading zone or other location where passengers are normally discharged or picked up in such manner that the bus, when stopped to load or unload passengers or baggage, shall be in a position as close to the curb as possible, so as not to impede unduly the movement of other vehicular traffic. (2) The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand designated by the traffic superintendent. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious unloading or loading of passengers. (C) No person shall stop, stand or park a vehicle other than a bus in a bus stop or other than a taxicab in a taxicab stand when such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading and unloading passengers when such stopping does not interfere CD72:7 with any bus or taxicab waiting to enter or about to enter such zone. (Code 1965, §§19-134--19-136; Ord. No. 1447, 6-7-65; Ord. No. 2745, 8-4-81; Code 1991, §72.32) Cross reference(s)--Penalty, §72.99. 72.33 Hotel Loading Zones The traffic superintendent shall establish and mark hotel zones to be used solely for the loading and unloading of passengers and baggage. Standing or parking in such hotel zones shall be limited to 15 minutes and no person shall park a vehicle in a hotel zone except for the purpose of taking and discharging passengers and baggage destined for such hotel. (Code 1965, §19-137; Ord. No. 1447, 6-7-65; Code 1991, §72.33) Cross reference(s)--Penally, §72.99. 72.34 Parking Signs Or Curb Markings Required Whenever, by any provision of this chapter, a parking time limit is imposed or parking is prohibited on any street or part of street, it shall be the duty of the traffic superintendent to erect appropriate signs or to paint appropriate curb markings on such street or part of street giving notice thereof, and no such regulations shall be effective unless such signs are erected or such curb markings are painted and in place on the side or sides of the street or part of street when parking time is limited or prohibited at the time of any alleged offense. (Code 1965, §19-138; Ord. No. 1447,6-7-65;Ord. No. 2650,7- 15-80; Code 1991, §72-34) Cross reference(s)--Penalty, §72.99. 72.35-72.49 Reserved ARTICLE III PARKING METERS 72.50 Definitions For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning: Operator. Every individual shall operate a vehicle as the owner thereof, or as the agent, employee or permittee of the owner, or any person who is in actual physical control of a vehicle. Park or parking. The standing of a vehicle, whether FAYETTEVILLE CODE OF ORDINANCES TITLE VII TRAFFIC CODE occupied or not, otherwise than temporarily for the purpose of, and while actually engaged in, receiving or (Code 1965, §19-153; Ord. No. 931, 2-23.48; Ord. No. 1083, 6 - discharging passengers or loading or unloading 6-55; Code 1991,§72.52) merchandise or in obedience to traffic regulations, signs or signals or an involuntary stopping of the vehicle by reason of causes beyond the control of the operator of the vehicle. Parking meter. Portions of streets within which the parking of vehicles are controlled, regulated, and inspected with the aid of timing devices or meters, herein referred to as "parking meters" or "meters". Parking meter facility. Any real estate (except any public street, avenue, road, alley, or highway not specifically described herein) owned, leased, or operated by the city, upon which parking meters are installed and in operation for the use of vehicles. Parking meter space. Any space within a parking meter facility or parking meter zone adjacent to a parking meter and which is duly designated and marked for the parking of a vehicle in accord with this article. Parking meter zones. Portions of streets described and established by the City Council 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". Vehicle. Any device in, upon or by which any person or property is or may be transported upon a street, except a device which is operated upon rails or tracks. (Code 1965, §19-51; Ord. No. 931, 2-23-48; Ord, No. 1083, 6- 6-55, Ord. No. 4222. 2-15-00; Code 1991, §72.50) 72.51 Presumption As To Unlawful Parking In Metered Space The indication on the parking meter that time has expired 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 the meter and the indication by such meter of a "violation" shall be presumptive evidence of unlawful parking. (Code 1965, §19-152; Ord. No. 931, 2-23-48; Ord. No. 1083, 6- 6-55; Code 1991, §72.51) 72.52 Purpose Of Deposit Requirement The coins required to be deposited in parking meters by this article 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. CD72:8 72.53 Depositing Slugs Prohibited 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. (Code 1965, §19-154; Ord. No.931, 2-23-48; Ord. No. 1083, 6- 6-55; Code 1991, §72.53) Cross reference(s)--Penalty, §72.99. 72.54 Tampering With Meters 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 installed in accord with this article. (Code 1965, §19-155; Ord. No. 931, 2-23-48; Ord, No. 1083,6- 6-55; Code 1991, §72.54) Cross reference(s)--Penalty, §72.99. 72.55 Collections From Meters The mayor shall assign or cause to be assigned a competent person to make collections of deposits from parking meters installed under this article. Such collections shall be delivered to the city controller and deposited to the credit of the city. (Code 1965, §19-156; Ord. No.931,2-23-48; Ord. No. 1082,6- 6-55; Ord. No. 1083, 6-6-55; Code 1991, §72.55) 72.56 Loading Zones Not Prohibited Nothing in this article shall be construed as prohibiting the city from providing for bus stops and taxicab stands and for other matters of similar nature, including the loading or unloading of trucks, vans or other commercial vehicles. (Code 1965, §19-157; Ord. No. 931, 2-23-48; Ord. No, 1083, 6- 6-55; Code 1991, §72.56) 72.57 Parking Meter Zones (A) The mayor, or his duly authorized representative, is hereby authorized to describe, establish and alter parking meter zones. (B) Parking meters shall be installed not more than two feet from the curb nor more than four feet from the front line of the parking space. Spaces shall be marked out as individual parking meter spaces for vehicles and kept clearly marked at all times. No parking meter authorized herein shall be so FAYETTEVILLE CODE OF ORDINANCES TITLE VII TRAFFIC CODE installed or a parking space so established that it will obstruct the convenient egress and ingress to any property butting on any street. (C) Each parking meter installed under this section, shall be set to operate upon the deposit therein of the prescribed coin or coins for the period of time prescribed as parking time limits in subsection (F) below. Each of such meters shall be so arranged so as to show or display a signal, which shall clearly indicate whether the time limit during which parking in that space is permitted has expired. (D) Any person parking a vehicle within a parking meter zone established by this section shall park the same wholly within the lines of the parking space marked as provided in subsection (B), and it shall be unlawful for any person to park or leave a vehicle in any such zone, unless it is wholly within such space. Where the parking meters are placed in front of parking spaces, the radiator shall be as near as possible to the parking meter controlling the space, and where the parking meters are placed alongside the parking spaces, the front fender or front wheels of the vehicle shall be as near as possible to the parking meter controlling the space. (E) Except in a period of emergency determined by an officer of a fire company or of the police department, or except in compliance with the directions of a police officer or traffic control signal, when any vehicle shall be parked in a space regulated by a parking meter installed under this subsection, 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 such parking space, immediately deposit in the parking meter regulating such space one or more coins of the United States of America designated in subsection (F) below. The failure to deposit such proper coin or coins shall be deemed a violation of this section. (F) Any vehicle parking or standing in any parking meter space within a zone established by this section may lawfully occupy such space for one hour or less by paying the same rate as established in §72.58(H), Parking lot fees, (1) short term metered spaces. (1) Upon the expiration of the legal parking time as above prescribed, 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 CD72:9 driven by him or registered in his name to be parked or standing overtime or remain therein beyond the parking time limit prescribed by this section. It shall likewise be unlawful for any person to permit a vehicle driven by him/her or 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 the 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 this section. (2) Each hour or portion thereof that a vehicle is parked overtime in violation of this section shall constitute a separate offense. (3) This section shall not be applicable on days or during hours in which subsection (E) above does not require the deposit of a coin in the parking meter. (Code 1965, §§19-169--19-173; Ord. No. 931, 2-23-48; Ord. No. 1196, 4-6-59; Ord. No. 1775, 12-21-70; Ord. No. 2403, 12- 6-77; Ord. No. 2410, 1-16-78; Ord. No. 2616, 4-1-80; Ord. No, 2769, 11-3-81; Ord. No. 4222, 2-15-00; Code 1991, §72.57) Cross reference(s)--Penalty, §72.99. 72.58 Off -Street Parking Meter Facilities; Rates For City Garage (A) Established. The following named and described real estate lying within the corporate limits of the city is hereby established as and shall constitute parking meter facilities: (1) Lots 8 to 15, inclusive, in Block 26 of the original plat of the city, including an alley 10 feet in width and running in an east and west direction and adjoining the southern boundary of Lots 12 to 15, inclusive, and the northern boundary of Lots 8 to 11 inclusive. (2) Lots 8, 9, 10, 11, 12, 13, 14 and 15 of Block 30, in the town (now city), as designated upon the original plat of said town. (3) Lot 9A and a part of Lot 10, in Block 29, of the original plat of the city. (4) Part of the Northwest Quarter of the Southwest Quarter of Section 15, Township 16 North, Range 30 West, described as follows: Beginning at a point 84 feet south and 25 feet east of the northwest corner of the said 40- FAYETTEVILLE CODE OF ORDINANCES TITLE VII TRAFFIC CODE acre tract, and running thence south 178 feet; thence east 70.3 feet; thence north 178 feet; accessories; they may be surfaced facilities or facilities above or below ground. thence west 70.3 feet to the point of beginning. (5) A part of Block 7, of the original plat of the city, (C) Marking of parking spaces. The mayor is hereby more particularly described as beginning at a authorized to mark off individual parking spaces in point 13 feet and two inches south of the the parking meter facilities established by this northwest corner of said Block 7, running section, such parking spaces to be designated by thence east 50 feet; thence south 267 feet to lines painted or durably marked on the curbing or the point of beginning, otherwise. (6) Lots 7, 8, 9 and 10 of Block 17 in the town (now city) as designated upon the original plat of said town. (7) Lots 8, 9 and 10 of Block 13 in the town (now city) as designated upon the original plat of said town. (8) Lots 1, 2, Lot 3, less 52.53 feet of equal and uniform width off the south side thereof, and Lot 12, less 50 feet of equal and uniform width off the south side thereof of Block 13 in the town (now city) as designated upon the original plat of said town. (9) Part of Block 25, in the town (now city) as designated upon the original plat of said town, and more particularly described as follows: Beginning at the northeast corner of Lot 1 in said Block 25, thence west 42 feet; thence south 49.3 feet; thence west 58 feet; thence south 58.7 feet to the center of a platted alley; thence east 100 feet; thence north 107 feet to the point of beginning. (10) Part of Block 15, in the original plat of the city, described as follows: Beginning at a point 127 feet west of the northeast corner of Block 15 and running thence south 206 feet to the north line of a 12 -foot alley; thence west 177 feet to the east line of an alley; thence north 90 feet; thence east 22 feet; thence north 116 feet to the south line of Meadow Street; thence east 17 feet; thence south 27 feet; thence east 20 feet; thence north 27 feet to the south line of Meadow Street; thence east 118 feet to the point of beginning. (11) Lots numbered 12 and 13 in Block 30 of the original town (now city). (B) Definitions. For the purpose of this section "public off-street automobile parking facilities" are defined as accommodations procured or provided, or both, by public authority for the parking of motor vehicle off the street or highway, and open to public use with or without charge. Parking facilities may consist of lots, garages, or other structures and CD72:10 (D) Installation, location, mechanical requirements, and maintenance of meters. In the parking meter facilities established by this article, the mayor shall cause parking meters to be installed upon the curb immediately adjacent to the parking spaces marked in accord with subsection (C) above, such installation to be placed not more than two feet from the curb or concrete islands 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 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 parking. (E) Vehicles to be parked entirely within parking spaces. At each space marked off in accord with subsection (C) above, it shall be unlawful for any person to park any vehicle across any lines or markings of such space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings. (F) Deposit of coin required. (1) Except in a period of emergency determined by an officer of the fire or police departments, or in compliance with the directions of a police officer or traffic control sign or signal, when any vehicle is parked in any parking space alongside or next to which a parking meter is located in accord with this section, the operator of such vehicle shall, upon entering the parking meter space, immediately deposit or cause to be deposited in the meter such proper coin of the United States as is required for such parking meter and 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. Failure to deposit such proper coin, and to set the timing mechanism FAYETTEVILLE CODE OF ORDINANCES TITLE VII TRAFFIC CODE in operation when so required, shall constitute a violation of this section. 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 prescribed; 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 meter by the previous occupant of the space shall not be required to deposit a coin so long as his occupancy of the space does not exceed the indicated unused parking time. (2) This section shall apply everyday between the hours of 8:00 a.m. and 6:00 p.m., except Sundays and legal holidays. (G) Deposit of coin required at gated /of. It shall be unlawful for any person to cause, allow, permit or suffer any vehicle operated by him or registered in his name to be parked in a gated off-street parking lot without the usage fee prescribed by subsection (H) below having first been deposited. (H) Parking lot fees. The following off-street parking rates are hereby established: (1) Short-term metered spaces (gray capped meters) - $0.25 per hour; (2) Long-term metered spaces (red capped meters) - $0.15 per hour; (3) Gated lots (per space) - $30.00 per month; (4) Long-term parking permits (hang tags) for use at long term meters only - $30.00 per month; (I) Rates for parking in city parking garages. (1) City parking garage on Meadow Street: (a) First level (covered), $45.00 per space/per month, or not more than $4.00 per visit if entry not restricted. (b) Second level (covered), $45.00 per space/per month. (c) Third level (not covered), $30.00 per space/per month, or not more than $3.00 per visit if entry not restricted. (2) Parking garages built or purchased after January 1, 2000, including the Town Center, CD72:11 shall be rented at a market rate not to exceed a uniform fee of $70.00 per month/per space. (3) It shall be unlawful for any person to cause, allow, permit or suffer any vehicle operated by him or registered in his name to be parked in any city parking garage without paying the parking fees prescribed above. (J) Overtime parking (1) If any vehicle remains parked in any parking space in a parking meter facility established by this section beyond the parking time limit set for such parking space, and if the meter indicates 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 section. It shall be unlawful forany person to cause, allow, permit or suffer any vehicle operated by him or registered in his name 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 space or to permit any such vehicle to remain or to be placed in any parking space adjacent to any parking meter while the meter is displaying a signal indicating that the vehicle occupying such space has already been parked beyond the period prescribed for such parking space. (2) Each additional hour or fraction thereof that a vehicle is parked in violation of this section shall constitute a separate offense. (3) It shall be unlawful for any person to cause, allow, permit or suffer any vehicle operated by him or registered in his name to be parked in a gated off-street parking lot for more than 24 continuous hours. Each additional hour or fraction thereof that a vehicle is parked in violation of this section shall constitute a separate offense. (K) One-way traffic. (1) The mayor is hereby authorized to determine and designate specific lanes upon the real estate described in subsection (A) above upon which vehicular traffic shall proceed in one direction only and shall cause to be placed appropriate markings, signs, barriers, or other FAYETTEVILLE CODE OF ORDINANCES TITLE VII TRAFFIC CODE devices to give notice thereof. The mayor to possession of the vehicle. The city shall cause to be erected signs temporarily shall carry the burden of establishing that designating lanes to be used by traffic moving there was probable cause to immobilize in a particular direction, regardless of the the vehicle in question. At the conclusion centerline of the roadway. of the hearing, the hearing officer shall (2) When signs indicating the direction of traffic prepare a written decision. A copy of such decision shall be provided to the are erected and maintained in accord with person demanding the hearing and to the subsection (1) above, vehicular traffic shall registered owner of the vehicle. The move only in the indicated direction, and it hearing officer's decision shall in no way shall be unlawful for any person to operate any affect any criminal proceeding in vehicle in violation of the markings, signs, connection with the immobilization. The barriers, or other devices placed in accordance decision of the hearing officer shall be with subsection (1) above. final. Failure to request a post - (L) Immobilization of illegally parked motor vehicle, immobilization hearing within three days from the date of immobilization, or failure to attend a scheduled post -immobilization (1) Immobilization authorized. Employees of the hearing shall be deemed a waiver of the traffic division and officers of the police right to such hearing; and, the police department are hereby authorized to department shall be authorized to have temporarily immobilize any vehicle which is the vehicle towed to and stored at a safe parked in violation of any provision of this place designated as an official police chapter and whose owner has been cited for garage by the chief of police. The owner violating these parking regulations at least or operator of the vehicle shall be liable twice in the preceding thirty days or has for all towing and storage fees, outstanding fines and costs from previous parking violations due and owing. (4) Decision of hearing officer. (2) Post -deprivation hearing, When any vehicle is (a) The hearing officer shall only determine immobilized under the provisions of this whether there was probable cause to section, the owner or operator shall have the immobilize the vehicle. If the hearing right to a post -deprivation administrative officer determines that there was no hearing by filing a written request for such a probable cause, the hearing officer shall hearing with the mayor. prepare and date a certificate of no probable cause, a copy of which shall be (3) Conduct of hearing, 9. given to the registered owner of the vehicle or his agent and to the police (a) A hearing shall be conducted before a department and traffic division. Upon hearing officer designated by the mayor receipt of the owner's copy of such and shall be held within 24 hours from certificate, an employee of the traffic receipt of a written demand therefor, division or an officer of the police unless the right to a speedy hearing is department shall remove the waived in writing. Saturdays, Sundays, immobilization device from the vehicle, and city holidays are to be excluded from calculating said 24 -hour period. The (b) If the hearing officer determines that there hearing officer shall not be the person was probable cause for immobilizing the who directed the impounding and storage vehicle, the registered owner, or his of the vehicle. The sole issue before the agent, may obtain removal of the hearing officer shall be whether there was immobilization device by posting a bond in probable cause to immobilize the vehicle a reasonable amount specified by the in question, district court. The amount of said bond shall be not less than a sum equivalent to (b) The hearing officer shall conduct the the cumulative total of applicable fines, hearing in an informal manner and shall court costs, towing fees and storage fees, not be bound by technical rules of Upon presentation of a receipt evidencing evidence. The person demanding the the posting of said bond, an employee of hearing shall carry the burden of the traffic division or an officer of the establishing that such person has the right police department shall remove the CD72:12 FAYETTEVILLE CODE OF ORDINANCES TITLE VII TRAFFIC CODE immobilization device from the vehicle. (Code 1965, §§19-185--19-195; Ord. No, 1083, 6-6-55; Ord. No, 1197, 4-6-59; Ord. No, 1231.1-25-60; Ord. No. 1242, 8-8- 60; Ord. No. 1576, 11-6-67; Ord. No. 1802, 6-21-71; Ord. No. 1866,6-5-72: Ord, No. 2613, 3-18-80; Ord. No. 2769, 11-3-81; Ord, No. 2815, 6-15-82; Ord. No. 2875, 11-23.82; Ord, No, 2914, 4-19-83; Ord, No. 2939, 9-12-83; Ord. No. 3995, §1,9- 17-96; Ord. No. 4222, 2-15-00; Code 1991, §72.58; Ord. No. 4889, 06-20-06) Cross reference(s)--Penalty, §72.99, 72.59-72.98 Reserved 72.99 Penalties (A) Whoever violates any provision of this chapter for which no specific penalty is otherwise provided shall be fined as set forth in §10.99. (B) The penalty for each violation of §§72.13, 72.57 or 72.58(J) shall be $5.00, if paid before the issuance of a summons, citation, or arrest warrant; otherwise, the penalty for each violation of §§72.13, 72.57, 72.58(J) shall be $25.00; provided the penalty for each violation of §§72.13, 72.57, or 72.58(J) in excess of five parking violations in any calendar month shall be $25.00 if paid before the issuance of a summons, citation, or arrest warrant; otherwise, the penalty for each violation of §§72.13, 72.57, or 72.58(J) in excess of five parking violations in any calendar month shall be $50.00. CD72:13 arc f Like ::rJ LJ'(# 6:f�. (C/1,t OiW," s , FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS /J 4 Ct KIT WILLIAMS, CITY ATTORNEY q "5 s DAVID WHITAKER, ASST. CITY ATTORNEY (-.�, S� DEPARTMENTAL CORRESPONDENCE 4 elAb�tln, Ja fpG v[oniC. I,t?CAI, UPa'ARTMEN'I' \' M T K,If•Fyl^, TO: Lioneld Jordan, Mayor City Council CC: Don Marr, Chief of Staff Sondra Smith, City Clerk Terry Gulley, Transportation Services Director L FROM: Kit Williams, City Attorney ---- DATE: May 4, 2010 RE: Correction to item #5 Parking Meters and Electronic Payment Stations ordinance, Section 8 and Section 6 In Section 8 of the enacting ordinance and subsection (H)(3) (a) Sunday, the time for $.50 per hour should read: "(a) 1:00 p.m. until 6:00 p.m. — $.50 per hour" rather than "1:00 p.m. until 5:00 p.m." as presented in your packet. I will read the correct language when the ordinance is placed upon its first reading. Also, Section 6 of the enacting ordinance should add the following to the end of the sentence: "or as directed by the Mayor." The Parking Division currently takes the cash deposits directly to the bank. I recommend additional accounting procedures for the vastly increased (estimated) parking revenues and the handling of electronic payments. These procedures should primarily be decided by the Mayor's administration and will certainly be reviewed by our outside auditing firm (BKD) as well as our Internal Auditor and the citizens' Audit Committee. I will read Section 6 as follows during the ordinance's initial reading: "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." Attached are the two pages (8 and 10) of your packet which have been corrected. I want to thank Terry Gulley who spotted these problems and informed me so we could correct them before placing the ordinance on its first reading. 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: "§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 a.m. 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(H), 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 (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 p.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) Monthly daytime parking permits ( Proximity Access Cards) for gated parking lots in the Entertainment District Parking Zone. Persons desiring to purchase monthly access to and parking within gated lots in the Entertainment District Parking Zone between the hours of 10:00 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. RECEIVED May 10, 2010 Dear Fayetteville City Aldermen, MAY 14 2010 CITY OF FAYEFTEVILLE CITY CLERK'S OFFICE As a Dickson St. business owner, I have been regularly attending meetings regarding the paid parking issues on The Square and The Dickson St. Entertainment District. I feel compelled to voice my concerns on this issue. Over the past month or so, I have been talking to many of my customers as well as employees and other business owners about the paid parking proposal. The consensus has been overwhelmingly negative. While parking remains an issue, most have said that paying to park will not only decrease their visits to these areas but will also limit the amount of time they spend when they do come out. Most have said they think daytime parking meters are understandable but any amount at night would be unreasonable when there are other places to go. EVERYONE has said that $1.00 per hour is absurd and paying on the weekends will keep them away completely. Visitors to NWA love the small town feel. With so many options; retail, restaurants, night life, etc, paying for parking is what they expect in major cities and metropolitan areas, not in a small town where businesses are not even allowed to use signs of their choice or hang banners to draw in business. The economy is tight and all of us are feeling the crunch. Business has slowed down for everyone and several businesses have had to close their doors. I have heard there a couple trying to get out of leases so they can move away from the "Entertainment" District due to the possibility of decreased business caused by the pay parking. Yes, new ones will come in behind them, but how long will they survive? With the high rents (due to demand), who will be able to continue to pay rent, taxes, utilities etc. when the customers leave? I don't believe a loss of businesses and customers and half full lots will generate the kind of income you are hoping to receive from this proposal. Charging for parking is not the answer. There must be a better alternative. I believe most businesses would be willing to have a one cent tax increase if it were allocated towards a (free) parking deck and they could keep their customers OR perhaps some of the tax dollars we are already being charged could be allocated for this. Perhaps the priority for these taxes could be the parking deck. And by the way, where is this parking facility going to be built? I have also heard from residents and visitors alike, Fayetteville is not as inviting as it was once upon a time. The current two hour parking already limits the time people will spend shopping or dining. What other city would penalize customers for wanting to spend their money with local businesses? Now you are asking for more? Not to mention evenings and weekends? You will be driving our customers, local and visiting, to Benton County shops and restaurants. Why? We won't need a parking facility in a few years, Dickson St and The Square will become the ghost town it was years ago when there were parking meters everywhere. Those meters were taken out to encourage people to come back. When the Walton Art Center moved in, businesses cleaned up and more moved in. These areas (The Square and Dickson St.) that were once dead are now what Fayetteville is known for. Unfortunately, there was no forethought in allowing more businesses to move in when there was already a parking problem. Our customers, residents and businesses should not pay the price for the lack of planning on the city's part. Different rates for different City parking lots will be very confusing and unfair. Again, why are we going back to something that didn't work before. How many businesses left the square before somebody thought we might need to re -think things. Two hour parking meters are still inconvenient for those who want to stop for lunch, shop, get a hair cut.. .it is a pain to keep feeding the meters. Many leave and spend their money elsewhere. Might still be in Fayetteville but could easily be Benton yy Ft 1 S 7 � /o /3,3 _ . 6;A;4 tptrr. 77 Top 50 North American Cities Average First Hour Parking Rates Century City, CA $16.00 Cleveland, OH $6.00 Brooklyn, NY $15.00 Minneapolis, MN $5.75 Boston, MA $14.25 Jersey City, NJ $5.75 New York City, NY $13.00 Fort Worth, 'I X $5.75 Los Angeles, CA $12.25 Nashville, TN $5.50 Chicago, IL $12.25 Denver, CO $5.50 Pittsburgh, PA $10.50 Dallas, TX $5.25 Toronto, ON $9.50 London, ON $5.00 San Francisco, CA $9.25 New Orleans, LA $5.00 Long Beach, CA $9.00 El Paso, TX $5.00 Washington DC $8.50 Marina Del Rey, CA $4.75 Philadelphia, PA $8.50 Irvine, CA $4.75 Seattle, WA $8.25 1-lonolulu, 141 $4.75 Indianapolis, IN $8.25 Charlotte, NC $4.75 Detroit, MI $8.25 Vancouver, BC $4.50 Calgary, AB $8.00 San Jose, CA $4.50 San Diego, CA $8.00 San Antonio, TX $4.50 Miami, FL $8.00 Phoenix, AZ $4.50 Austin, TX $8.00 Atlanta, GA $4.50 Baltimore, MD $7.75 Tulsa, OK $4.00 St. Louis, MO $7.50 Springfield, MO $4.00 Queens, NY $7.50 Salt Lake City, UT $4.00 Beverly Hills, CA $7.50 Milwaukee, WI $4.00 Ottawa, ON $6.50 Bellvue, WA $4.00 Houston, TX $6.50 Arlington, VA $4.00 Santa Monica. CA $6.00 Comparative Rates with Other Cities Eureka Springs, AR $0.50 - $2.00/hr $3.00 - $9.00max Hot Springs, AR $0.50/hr No max - 8 hr time limit River Market (I,. Rock) $0.50 - $1.00/hr $3.00 - $5.00/max Little Rock, AR $1.00/hr No max Springfield, MO $4.00 first hour $5.00 - $10.00/max Columbia, MO $0.50/hr No max Columbia, SC $0.50 - $ L00/hr $10.00/max Memphis, TN $1.00 - $2.00/hr $5.00 - $6.00max Knoxville, TN $1.00/hr $5.00 - $7.00/max Tulsa, OK $0.50 - $1.00/hr ($2.00 I s' hour) $3.50 - $5.00/max Stillwater, OK $1.00/hr $8.00/max Norman, OK $1.00/hr $15.00/day Oklahoma City, OK $1.00 - $2.00/hr No max Auburn, AL $0.25 - $1.00/hr No max Baton Rouge, LA $0.50/hr No max Gainesville, FL $1.00/hr $5.00 - $6.00/max Athens, GA $0.50/hr 2 hour time limit Austin, TX $1.00/hr No max Lincoln, NE $1.00/hr $6.00/max Comparative Rates with Local Private Lots Fayetteville Depot $0.50 - $2.00/hr No max Univ. Baptist Church $0.25 - $2.00/hr No max Behind Bakery Bldg. $2.00/hr No max Underwood's Deck $2.00/hr $5.00/max Mountain St. Lot $2.00/hr $5.00/max RECEIVED JUN 242010 NORTHWEST ARKANSAS CITY CITY CLERK'S OFFICE NEWSPAPERSJc Northwest Arkansas Democrat Gazette The Morning News of Springdale The Morning News of Rogers Northwest Arkansas Times Benton County Daily Record 212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest Arkansas Newspapers LLC. Printed and published in Benton County, (Lowell), Arkansas and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville —Ordinance 5324 June 10, 2010 Publication Charge : $ 363.16 Signed: -------- Subscribed and sworn to before me This 'day of Ojr€ , 2010. Notary Public My Commission Do not pay from Affidavit, an invoice will be sent • ORDINANCE NO. 5324 ORDINANCE TO AMEND ARTICLE III USING METERS OF CHAPTER 72 PARKINGULAVP P�vT1 1P 'P 'MENTTSTATTION PROGRAM FOR PAID PARKING V e 1 1 le BY CHANGING ITS NAME AND )ING PROVISIONS FOR AN ELECTRONIC S AND PAID ON -STREET PARKING AND FOR ARKANSAS iER REASONS IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, (ANSAS: Non 1: That the City Council of the City of Fayetteville. Arkansas hereby amends Article 'arking Meters of Chapter 72 Parking Regulations by renaming Article III Perking lers and Electronic Payment Stations and adding the following definitions to §72.50 naions: ctronic Payment Stations': A place where a person who has parked his vehicle in a nrtainment District Parking Zone paid parking space or lot may pay the appropriate fee for paid parking space. pokes Parking Card': A card issued by the Parking DMsion for use only by employees at finesses operatingg in the Entertainment District Parking Zone which may be discounted by Mayor up to 9o4 of normal parking rates for certain paid parking spaces within the Zone. attainment District Parking Zone': The area depicted on the map and described on Exhibit dached to this enacting ordinance. unmily Access Card': A card issued by the Parking Division for a monthly fee that allows user to access and use gated parking lots in the entertainment District Parking Zone or Ikdays from 7:00 a.m. until 4:00 p.m." • 'The Indication on the parking paid for time has expired shall in. the parking space or paid I Section 3: That the City Council of the City of Fayetteville. Arkansas hereby amends Purpose of Deposit Requirement by repealing it in its entirety and enacting a repla §72.52 Purpose of Deposit or Electronic Payment Requirement 'The coins required to be deposited in parking meters or the electronic payment requin made at electronic payment stations by this snide are for the purpose of regulating per Ing parking decks, and to provide operating revenue tar the wanon liars r.enrer. 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 pay- ment station installed under this article by any means.' Section & That the City Council of the City of Fayetteville. Arkansas hereby amends §72.54 "Itshall be unlawful for any person to deface, injure, tamper with, willfully break, deal Impair the usefulness of, or to open without lawful authority, any parking meter a der pay station installed in accord with this article." Section 6. That the City Council of the City of Fayetteville. Arkansas hereby amends § Collections from Meters by repealing it in its entirety arid enacting a replacement § Collections from Meters and Electronic Payment Stations. `The Parking Manager shall collect all deposits or electronic transactions from parking r and electronic payment stations installed under this article and deliver them to the Acm Department or as directed by the Mayor.' 'Section 7: That the City. Council of the Dry of Fayetteville. Arkansas hereby amends I Parking Meter Zones by repealing subsection (r7. and subsection (F) in their entireti, 2napting replacement subsections as shown below: (B Regulated hours for parking meters. (1) Within the Entertainment District Parking Zone between the hours of 10 a.m. untl12:00 a.m. Monday -Saturday and 1:00 p.m. until 2:00 em. on Sunday, the owner.or driver of a vehicle upon parking the vehicle in a parking meter space shell immediately deposit sufficient money as required in §72.56(H). 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 §72.56(G) in the parking meter. _...e_.-'nl__-, - '.. requred it is unlawful for the owner or driver to leave the veMda in the parking space. Violation of such overtime panting shall be punished pursuant to §72.99.' :Section 8: That the City Council of the City of CaraFayetieville, 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 mown below: "(G) Gated parking lots, parking decks and parking meters outside the Entertainment Parting District Zone. For all the paring lots identified in subsection (A) and all parking meters outside the Entertainment Parking District Zane. The following parking fees are established and shall be required to be paid by the owner or operator of any vehicle panted in those spaces or parking lots: (1) Long-term metered spaces (red -capped paring meters) -$.15 per hour. (2) Al other parking meters -$.25 per hour. (3) Gated lot (per space) -$30.00 per month. q4) Long-term parking permits (hang tags) for use only at long-term (red -capped) meters - $30.00 par 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 avail- able. (6) Town Center Parking Deck -not more than $70.00 per month nor more than $4.00 par day If space is available. (H) City parking lots and paid on -street parking spaces within Me Entertainment District Petting Zone. For Parking Lots 50, 55, 56 and 60 and all paid on -street parking spaces within the :Entertainment District Parking Zone, the following panting fees are established and shall be ft required to be paid by the owner a operator of any vehicle parked in those spaces or lots: fir (1) Monday through Friday (e) 10:00 a.m. until 5:00 p.m. -$.50 per hour with a maximum charge of $3.00 -.$s) 5:00 p.m. until 2:00 a.m. the following day -$1.00 per hour with a maximum charge of $5.00 (o) 2:00 a.m. until 10:0 a.m.-free parking (2) Saturday (a) 10:00 a.m. until 6:00 p.m. -$.50 per hour with a maximum charge of $3.00 (b) 6:00 p.m. until 2:00 a.m. the following day -lion per hour with maximum charge of $5.00 (c) 2:00 a.m. until 10:00 a.m. free parking