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HomeMy WebLinkAboutOrdinance 5323 ORDINANCE NO. 5323 AN ORDINANCE TO AMEND CHAPTER 72 PARKING REGULATIONS BY ENACTING §72.18 RESIDENTIAL PARKING PERMIT PROGRAM ENTERTAINMENT DISTRICT PARKING ZONE WHEREAS, the Downtown Master Plan encompassing the Entertainment District Parking Zone and general city policy encourages residential uses within this Entertainment District; and WHEREAS, the change of several large city parking lots from free parking to paid parking is likely to cause increased congestion and on-street parking problems for residents of the Entertainment District Parking Zone; and WHEREAS, some accommodation to relieve the increased congestion and on-street parking problems should be enacted protect the quality of residential life for these residents; and WHEREAS, a Residential Parking Permit Program for residents of the Entertainment District can ease this congestion and loss of on-street parking availability for these residents. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas amends Chapter 72 Parking Regulations by enacting a new §72.18 Residential Parking Permit Program for the Entertainment District Parking Zone as shown below: "72.18 Residential Parking Permit Program for the Entertainment District Parking Zone (A) Applicability: This Residential Parking Permit Program shall be applicable within the Entertainment District Parking Zone as shown and described on Exhibit A attached to the enacting ordinance. This parking zone will be further divided by Dickson Street into the North Zone for included residents living north of Dickson Street and the South Zone for included residents living south of Dickson Street. Page 2 Ordinance No. 5323 (B)Definitions: `Resident' means a natural person residing within a dwelling that the resident owns, leases or rents within the Entertainrnent District Parking Zone. `Registered vehicle' means a motorized, validly state licensed and insured vehicle kept at the residence owned or leased by the resident within the Entertainment District Parking Zone. The Arkansas Vehicle Registration Certificate for the vehicle should list the residence within the Entertainment District. The Parking Division may accept other reliable documentation of ownership or occupancy of a residence within the Zone to justify issuance of a residential parking permit for a resident's vehicle. `Residential parking permit' means the currently valid permit issued by Parking Division of the Transportation Department of the City of Fayetteville which allows the resident to park the permitted resident's vehicle in an authorized on- street parking zone pursuant to the terms of this section. `Guest pass' means the pass or authorization to park within the appropriate on- street parking zone pursuant to this section. `Fuel efficient scooter or bicycle' means bicycles, gas powered scooters not exceeding 70 cubic centimeters and electric powered bicycles and scooters. (C) Restricted Parking periods: From 1:00 p.m. on Sundays and 10:00 a.m. Monday through Saturday until 2:00 a.m. every day, designated on-street parking spaces within the Entertainment District Parking Zone North and South shall be restricted to properly permitted vehicles. The owner of any vehicle improperly parked during this period shall be subject to the penalties set forth in §72.99. (D) On-street parking restrictions for most vehicles in the Entertainment District Parking Zone: Where designated by signs and as shown on the exhibits, only residents of the Entertainment District Parking Zone North shall be permitted to park their properly permitted vehicles in the designated on-street parking areas of the Residential Parking Zone North of Dickson Street during the restricted parking period. Where designated by signs and as shown on the exhibits, only residents of the Entertainment District Parking Zone South shall be permitted to park their properly permitted vehicles in the designated on-street parking areas of the Residential Parking Zone South of Dickson Street during the restricted parking period. (E) Special regulations for oversized vehicles, motorcycles, motor scooters and bicycles: No vehicle that cannot fit within a standard on-street parking space may be parked on-street in the Entertainment District Parking Zone unless its owner or operator has obtained a special limited time and location permit pursuant to (1). Page 3 Ordinance No. 5323 (1) An operator or owner of a moving van or other oversized vehicle that needs to park on-street in a designated area for a limited time to serve a residence, business or office within the Entertainment District Parking Zone may be issued a special, limited time and location parking permit by the Parking Division. (2) A resident of the Entertainment District Parking Zone who owns a motorcycle or motor scooter with over 70 cubic centimeters displacement may be issued a residential permit which shall allow free parking only in specially designed motorcycle/motor scooter on-street parking spaces and is prohibited from parking in standard on-street parking spaces reserved for residents' cars. Operators of motorcycles and motor scooters may park in paid parking spaces at the standard parking rate. No motorcycle nor any motor scooters may be parked on a sidewalk. (3) Operators of fuel efficient scooters and bicycles may park for free in specially designated parking spaces, but must pay the standard parking rate if parked in a normal paid parking space. No bicycle may be parked on a sidewalk unless it is utilizing a permanently installed and permitted bicycle rack. (F) Mixed use on-street parking on Spring Street: Fifty-nine on-street parking spaces on Spring Street shall be available to the public for paid parking and to residents of the Entertainment District Parking Zone South for properly permitted vehicles free of charge. (G) Free public use of on-street parking: From 2:00 a.m. every day and until 10:00 a.m. Monday through Saturday and until 1:00 p.m. on Sunday, all on-street parking spaces within the Entertainment District Parking Zone shall be free of charge and available to the public. (H) Temporary guest passes: An Entertainment District Parking Zone resident may request the City to issue temporary guest passes for visitors to their residence. The Mayor or designee shall administer a guest pass program with the goal of accommodating the needs of both residents and businesses within the Entertainment District Parking Zone. Use of a guest pass in a manner not authorized by the guest pass program shall be a violation of this section for the vehicle's owner. (I) Residential parking permits may not be loaned, transferred, sold or used except on the designated registered vehicle: Any resident who attempts to or does loan, transfer, sell or give a residential parking permit to another person or entity, or who facilitates the use of the permit obtained for his registered vehicle on a nonregistered vehicle shall, in addition to the general penalty provisions in this Page 4 Ordinance No. 5323 chapter, immediately forfeit all permits issued to the resident and the right to apply for any future permits for three years. (J) Penalty. The owner of any vehicle parked in violation of any term or requirement of this section shall be guilty of a violation and shall be subject to the penalties set forth in §72.99. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals any ordinance or code section that is inconsistent or incompatible with this ordinance to the extent of such inconsistency or incompatibility. PASSED and APPROVED this I" day of June, 2010. APPROVED ATTEST: By: • _ By: ff0r4ELD JO V, Mayor SONDRA + SMITH, City Clerk/Treasurer RlJTRi eh�o G� F`'•�A .U• ;FAYETTEVILLE° 5 �',,9sy�RKANSPoJ`�? ///// GTO THE CITY OF FAYETTEVILLE,ARKANSAS EXHIBIT A o Entertainment District Parking Zone 09, 2 — WMgVLE6 Or QE MAPLE 61 m z w a i w REgwxsr 9 wMOuxr No qaT w a —o wLArgrETTe er W BOLES ST 1 > Q ALLEY" w f • ALL ]]] WWAT$ONST w q p EY _j w 1 f • 2 • I z WOILNSON WAC On s On Street Parking WWWREBIOEST '-N" Y PAY RANKING p RESIDENTIAL PARKING Q O Q . PAY$iAiION$ O W9PRINO Bi Q Perking Lol f p % CIIYPAYAIYOV�STAYLOI O CRY PAY BY-SPACE LOT 1 WMEg00W 5T PRIVATE PAY(TOW GTFOF Q —y ] O District • a• i En'.er4inmanl0ulrid \,Sireel W CENTER S 0 1]0 US 1080 rpaWmJ Feat — Residential Parking Zone North: 1. Lafayette Street from Rollston Ave. to Highland Ave. 2. Boles Street from Thompson Ave. to St. Charles Ave. 3. Watson Street from Rollston Ave. to St. Charles Ave. 4. Rollston Ave.from Lafayette Street to Watson Street S. Thompson Ave.from Lafayette Street to Watson Street Residential Parking Zone South: 1. *Mixed-use area: Spring Street from School Ave. to Block Ave. 2. Meadow Street from West Ave. to Block Ave. 3. Locust Ave.from Center Street to 221 N. Locust Ave. *Mixed-use area will be a combination of public parking and residential parking (with permit). City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements ❑2 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 Residential Parking Program in the Entertainment District Parking Zone. $ 900.00 $ 12,000.00 Residential Parking Program Cost of this request Category/Project Budget Program Category/Project Name 2130-9130-5404-00 $ 687.51 Traffic Control Maint. Account Number Funds Used to Date Program/Project Category Name $ 11,312.49 Off-Street Parking Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached 4L/6—/(.) Previous Ordinance or Resolution# Department Vector aDate Original Contract Date: —/(v - 2oly Original Contract Number: City Attume Date Finance and Internal Services Director Date Received in City EMiERE� Clerk's Office ief of S Date I EREIJ Received in Mayor's Office yor Vate Comments: [e4 Ak 3 r lv,r/ 00-d C, /1 0J�,!J 57 t8ba CL h f o evisenuary 15,2009 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LE6AL DEPARTMENT TO: Lioneld Jordan, Mayor City Council CC: Don Marr, Chief of Staff Terry Gulley, Transportation Services Director Sharon Crosson, Parking & Telecommunications Manager FROM: Kit Williams, City Attorney DATE: May 25, 2010 RE: Broadening the definition of"Registered Vehicle" for the Residential Parking Permit Ordinance The Administration asked that a broader definition of "Registered vehicle" be drafted so that legitimate owners and occupiers of residences within the Entertainment District Parking Zone could receive a "Residential parking permit" even if their vehicle registration certificate did not show their address in the Entertainment District Parking Zone. There could be several other ways to reliably document a resident's ownership or occupancy within the Entertainment District Parking Zone and ownership of a vehicle. Thus, we suggest that the following be added to the current definition: "The Parking Division may accept other reliable documentation of ownership or occupancy of a residence within the Zone to justify issuance of a residential parking permit for a resident's vehicle." This language will provide adequate discretion for the Parking Division to consider leases, tax records, utility bills, insurance policies, etc. to ensure proper residents are issued residential parking permits for theiT. vehicles. When you begin to consider 72.18 Residential Parking Permit Program For Entertainment District Parking Zone, I ask that you make this definition amendment along with new subsection (E) amendment that revised that whole subsection. Attached is how that whole Ordinance will appear if those few amendments are passed. (The definition amendment and (E) are in bold for your convenience.) (PROPOSED FINAL VERSION FROM CITYATTORNEY) MAY 25, 2010 ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 72 PARKING REGULATIONS BY ENACTING §72.18 RESIDENTIAL PARKING PERMIT PROGRAM FOR ENTERTAINMENT DISTRICT PARKING ZONE WHEREAS, the Downtown Master Plan encompassing the Entertainment District Parking Zone and general city policy encourages residential uses within this Entertainment District; and WHEREAS, the change of several large city parking lots from free parking to paid parking is likely to cause increased congestion and on-street parking problems for residents of the Entertainment District Parking Zone; and WHEREAS, some accommodation to relieve the increased congestion and on- street parking problems should be enacted protect the quality of residential life for these residents; and WHEREAS, a Residential Parking Permit Program for residents of the Entertainment District can ease this congestion and loss of on-street parking availability for these residents. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas amends Chapter 72 Parking Regulations by enacting a new §72.18 Residential Parking Permit Program for the Entertainment District Parking Zone as shown below: "72.18 Residential Parking Permit Program for the Entertainment District Parking Zone (A) Applicability. This Residential Parking Permit Program shall be applicable within the Entertainment District Parking Zone as shown and described on Exhibit A attached to the enacting ordinance. This parking zone will be further divided by Dickson Street into the North Zone for included residents living north of Dickson Street and the South Zone for included residents living south of Dickson Street. (B) Definitions. 'Resident' means a natural person residing within a dwelling that the resident owns, leases or rents within the Entertainment District Parking Zone. 'Registered vehicle' means a motorized, validly state licensed and insured vehicle kept at the residence owned or leased by the resident within the Entertainment District Parking Zone. The Arkansas Vehicle Registration Certificate for the vehicle should list the residence within the Entertainment District. The Parking Division may accept other reliable documentation of ownership or occupancy of a residence within the Zone to justify issuance of a residential parking permit for a resident's vehicle. 'Residential parking permit' means the currently valid permit issued by Parking Division of the Transportation Department of the City of Fayetteville which allows the resident to park the permitted resident's vehicle in an authorized on-street parking zone pursuant to the terms of this section. 'Guest pass' means the pass or authorization to park within the appropriate on-street parking zone pursuant to this section. 'Fuel efficient scooter or bicycle' means bicycles, gas powered scooters not exceeding 70 cubic centimeters and electric powered bicycles and scooters. (C) Restricted parking periods. From 1:00 p.m. on Sundays and 10:00 a.m. Monday through Saturday until 2:00 a.m. every day, designated on-street parking spaces within the Entertainment District Parking Zone North and South shall be restricted to properly permitted vehicles. The owner of any vehicle improperly parked during this period shall be subject to the penalties set forth in §72.99. 2 (D) On-street parking restrictions for most vehicles in the Entertainment District Parking Zone. Where designated by signs and as shown on the exhibits, only residents of the Entertainment District Parking Zone North shall be permitted to park their properly permitted vehicles in the designated on-street parking areas of the Residential Parking Zone North of Dickson Street during the restricted parking period. Where designated by signs and as shown on the exhibits, only residents of the Entertainment District Parking Zone South shall be permitted to park their properly permitted vehicles in the designated on-street parking areas of the Residential Parking Zone South of Dickson Street during the restricted parking period. (E) Special regulations for oversized vehicles, motorcycles, motor scooters and bicycles. No vehicle that cannot fit within a standard on- street parking space may be parked on-street in the Entertainment District Parking Zone unless its owner or operator has obtained a special limited time and location permit pursuant to (1). (1) An operator or owner of a moving van or other oversized vehicle that needs to park on-street in a designated area for a limited time to serve a residence, business or office within the Entertainment District Parking Zone may be issued a special, limited time and location parking permit by the Parking Division. (2) A resident of the Entertainment District Parking Zone who owns a motorcycle or motor scooter with over 70 cubic centimeters displacement may be issued a residential permit which shall allow free parking only in specially designed motorcycle/motor scooter on-street parking spaces and is prohibited from parking in standard on-street parking spaces reserved for residents' cars. Operators of motorcycles and motor scooters may park in paid parking spaces at the standard parking rate. No motorcycle nor any motor scooters may be parked on a sidewalk. (3) Operators of fuel efficient scooters and bicycles may park for free in specially designated parking spaces, but must pay the standard parking rate if parked in a normal paid parking space. No bicycle may be parked on a sidewalk unless it is utilizing a permanently installed and permitted bicycle rack. 3 (F) Mixed use on-street parking on Spring Street. Fifty-nine on-street parking spaces on Spring Street shall be available to the public for paid parking and to residents of the Entertainment District Parking Zone South for properly permitted vehicles free of charge. (G) Free public use of on-street parking. From 2:00 a.m. every day and until 10:00 a.m. Monday through Saturday and until 1:00 p.m. on Sunday, all on-street parking spaces within the Entertainment District Parking Zone shall be free of charge and available to the public. (H) Temporary guest passes. An Entertainment District Parking Zone resident may request the City to issue temporary guest passes for visitors to their residence. The Mayor or designee shall administer a guest pass program with the goal of accommodating the needs of both residents and businesses within the Entertainment District Parking Zone. Use of a guest pass in a manner not authorized by the guest pass program shall be a violation of this section for the vehicle's owner. (I) Residential parking permits may not be loaned, transferred, sold or used except on the designated registered vehicle. Any resident who attempts to or does loan, transfer, sell or give a residential parking permit to another person or entity, or who facilitates the use of the permit obtained for his registered vehicle on a nonregistered vehicle shall, in addition to the general penalty provisions in this chapter, immediately forfeit all permits issued to the resident and the right to apply for any future permits for three years. (J) Penalty. The owner of any vehicle parked in violation of any term or requirement of this section shall be guilty of a violation and shall be subject to the penalties set forth in §72.99. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals any ordinance or code section that is inconsistent or incompatible with this ordinance to the extent of such inconsistency or incompatibility. PASSED and APPROVED this 15k day of June, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 4 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPAR'1'M1W1' TO: Lioneld Jordan, Mayor City Council CC: Don Marr, Chief of Staff Terry Gulley, Transportation Services Director Sharon Crosson, Parking & Telecommunications Manager FROM: Kit Williams, City Attorney DATE: May 19, 2010 RE: Amended Residential Parking Permit Ordinance Attached is the ordinance as amended by the City Council on May 18, 2010. The new definitions for "Guest pass" and "Fuel -efficient scooter or bicycle have been incorporated in (B) Definitions. Also now included is (H) Temporary guest passes with the new language the City Council approved last night. Alderman Lucas pointed out a problem with (E) Special regulations for oversized vehicles, motorcycles and licensed motor scooters with over 70 cubic centimeters of displacement, I have made the minor amendment you approved last night to fix the problem noted by Alderman Lucas and agreed to by the City Council. All these amendments are now incorporated into the ordinance attached to this memo. However, I believe the whole subsection (E) should be more clearly drafted to fix not only the problem noted by Alderman Lucas but also to better clarify the other provisions. Therefore, I have redrafted (E) as shown below: "(E) Special regulations for oversized vehicles, motorcycles, motor scooters and bicycles. No vehicle that cannot fit within a standard on -street parking space may be parked on -street in the Entertainment District Parking Zone unless its owner or operator has obtained a special limited time and location permit pursuant to (1). (1) An operator or owner of a moving van or other oversized vehicle that needs to park on -street in a designated area for a limited time to serve a residence, business or office within the Entertainment District Parking Zone may be issued a special, limited time and location parking permit by the Parking Division. (2) A resident of the Entertainment District Parking Zone who owns a motorcycle or motor scooter with over 70 cubic centimeters displacement may be issued a residential permit which shall allow free parking only in specially designed motorcycle/motor scooter on -street parking spaces and are prohibited from parking in standard on -street parking spaces reserved for residents' cars. Operators of motorcycles and motor scooters may park in paid parking spaces at the standard parking rate. No motorcycle nor any motor scooter may be parked on a sidewalk. (3) Operators of fuel efficient scooters and bicycles may park for free in specially designated parking spaces, but must pay the standard parking rate if parked in a normal paid parking space. No bicycle may be parked on a sidewalk unless it is utilizing a permanently installed and permitted bicycle stand." I recommend that the ordinance be amended during the June 1 City Council meeting to replace the existing (E) with the redrafted (E) shown above. As ow 14,41 Is 1 "' ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 72 PARKING REGULATIONS BY ENACTING §72.18 RESIDENTIAL PARKING PERMIT PROGRAM FOR ENTERTAINMENT DISTRICT PARKING ZONE WHEREAS, the Downtown Master Plan encompassing the Entertainment District Parking Zone and general city policy encourages residential uses within this Entertainment District; and WHEREAS, the change of several large city parking lots from free parking to paid parking is likely to cause increased congestion and on -street parking problems for residents of the Entertainment District Parking Zone; and WHEREAS, some accommodation to relieve the increased congestion and on - street parking problems should be enacted protect the quality of residential life for these residents; and WHEREAS, a Residential Parking Permit Program for residents of the Entertainment District can ease this congestion and loss of on -street parking availability for these residents. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas amends Chapter 72 Parking Regulations by enacting a new §72.18 Residential Parking Permit Program for the Entertainment District Parking Zone as shown below: "72.18 Residential Parking Permit Program for the Entertainment District Parking Zone (A) Applicability. This Residential Parking Permit Program shall be applicable within the Entertainment District Parking Zone as shown and described on Exhibit A attached to the enacting ordinance. This parking zone will be further divided by Dickson Street into the North Zone for included residents living north of Dickson Street and the South Zone for included residents living south of Dickson Street. (B) Definitions. 'Resident' means a natural person residing within a dwelling that the resident owns, leases or rents within the Entertainment District Parking Zone. 'Registered vehicle' means a motorized, validly state licensed and insured vehicle kept at the residence owned or leased by the resident within the Entertainment District Parking Zone. The Arkansas Vehicle Registration Certificate for the vehicle should list the residence within the Entertaimment District. 'Residential parking permit' means the currently valid permit issued by Parking Division of the Transportation Department of the City of Fayetteville which allows the resident to park the permitted resident's vehicle in an authorized on -street parking zone pursuant to the terms of this section. 'Guest pass' means the pass or authorization to park within the appropriate on -street parking zone pursuant to this section. 'Fuel efficient scooter or bicycle' means bicycles, gas powered scooters not exceeding 70 cubic centimeters and electric powered bicycles and scooters. (C) Restricted parking periods. From 1:00 p.m. on Sundays and 10:00 a.m. Monday through Saturday until 2:00 a.m. every day, designated on -street parking spaces within the Entertainment District Parking Zone North and South shall be restricted to properly permitted vehicles. The owner of any vehicle improperly parked during this period shall be subject to the penalties set forth in §72.99. (D) On -street parking restrictions for most vehicles in the Entertainment District Parking Zone. Where designated by signs and as shown on the exhibits, only residents of the Entertainment District Parking Zone North shall be permitted to park their properly permitted vehicles in the designated on -street parking areas of the Residential Parking Zone North of Dickson Street during the restricted parking period. Where designated by signs and as shown on the exhibits, only residents of the Entertainment District Parking Zone South shall be permitted to park their properly 2 permitted vehicles in the designated on -street parking areas of the Residential Parking Zone South of Dickson Street during the restricted parking period. (E) Special regulations for oversized vehicles, motorcycles and licensed motor scooters with over 70 cubic centimeters of displacement. No vehicle that cannot fit within a standard on -street parking space may be permitted or parked on -street in the Entertainment District Parking Zone. 1. Moving vans serving a residence or business in the District may be specially permitted by the Transportation Department. 2. Motorcycles and motor scooters with over 70 cubic centimeters of displacement may receive a permit allowing parking only in special motorcycle/motor scooter on -street parking spaces and are prohibited from parking on sidewalks. 3. Fuel efficient scooters and bicycles may park in specially designated parking spaces, but not on sidewalks. (F) Mixed use on -street parking on Spring Street. Fifty-nine on -street parking spaces on Spring Street shall be available to the public for paid parking and to residents of the Entertainment District Parking Zone South for properly permitted vehicles free of charge. (G) Free public use of on -street parking. From 2:00 a.m. every day and until 10:00 a.m. Monday through Saturday and until 1:00 p.m. on Sunday, all on -street parking spaces within the Entertainment District Parking Zone shall be free of charge and available to the public. (H) Temporary guest passes. An Entertainment District Parking Zone resident may request the City to issue temporary guest passes for visitors to their residence. The Mayor or designee shall administer a guest pass program with the goal of accommodating the needs of both residents and businesses within the Entertainment District Parking Zone. Use of a guest pass in a manner not authorized by the guest pass program shall be a violation of this section for the vehicle's owner. (I) Residential parking permits may not be loaned, transferred, sold or used except on the designated registered vehicle. Any resident who attempts to or does loan, transfer, sell or give a residential parking permit to another person or entity, or who facilitates the use of the permit obtained for his registered vehicle on a nonregistered vehicle shall, in addition to the 3 registered vehicle on a nonregistered vehicle shall, in addition to the general penalty provisions in this chapter, immediately forfeit all permits issued to the resident and the right to apply for any future permits for three years. (J) Penalty. The owner of any vehicle parked in violation of any term or requirement of this section shall be guilty of a violation and shall be subject to the penalties set forth in §72.99. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals any ordinance or code section that is inconsistent or incompatible with this ordinance to the extent of such inconsistency or incompatibility. PASSED and APPROVED this 1st day of June, 2010. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: 0 SONDRA E. SMITH, City Clerk/Treasurer THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE KAN 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 Residential Parking Program in the Entertainment District Parking Zone PROPOSAL: City staff is recommends the approval of an ordinance to enact a Residential Parking Program in the Entertainment Disctrict Parking Zone. The Entertainment District Parking Zone encompasses the area as shown in Exhibit A. This program is designed to address the parking needs of the local merchants, visitors, employees and residents of Dickson Street and surrounding neighborhoods. RECOMMENDATION: The purpose of this program is to provide no fee parking to City of Fayetteville residents that own, lease or rent residential units within the Entertainment District Parking Zone. The Entertainment District Parking Zone includes two Residential Parking Zones. The Residential Parking Zone North includes on -street parking spaces north of Dickson Street that are reserved for the exclusive use of residents to park their vehicles. The Residential Parking Zone South includes on -street parking spaces south of Dickson Street that are reserved for the exclusive use of residents to park their vehicles. Residential parking permits shall not be valid for use at any off-street public parking area. While most residential units have adequate off-street parking it is reasonable to expect that several residents will require access to on -street spaces. Residents will be issued one (1) no fee on -street parking permit for each vehicle registered to the address within the Residential Parking Zone. These permits will be re -issued quarterly and will be for the exclusive use of the resident. The residential parking permit is non -transferable and has no cash value. Residential parking permits shall only be valid in the Residential Parking Zone for which it has been issued. The Residential Parking Zone North provides approximately 116 on -street parking spaces for area residents. The Residential Parking Zone South provides approximately 79 on -street parking spaces for area residents, with an additional 59 "mixed -use" spaces available for area residents. There are three (3) blocks on Spring Street that will be mixed -use parking that will be available for public parking as well as overflow residential parking for the Residential Parking Zone South. THE CITY OF FAYETTEVILLE, ARKANSAS Residents will be required to provide the following information quarterly to qualify for a Residential Parking Permit: 1. Proof of residence within one of the two Residential Parking Zones 2. Current list/inventory of owned vehicles 3. Proof of vehicle ownership with registration matching the physical address within the Residential Parking Zone. 4. Vehicle to be permitted must be a motorized vehicle that will fit within a marked parking space. Residential Parking Zone residents are encouraged to park their short term visitors in their respective driveways and utilize the on -street spaces for vehicles that are assigned a Residential Parking Permit. During special occasions when a resident will have several visitors, the resident shall contact the City of Fayetteville Parking Division for additional parking privileges as needed. All parking requests beyond the standard issued Residential Parking Permit will be reviewed and approved on a case by case basis. BUDGETIMPACT: Implementation of this program will include additional striping on -street of parking spaces and appropriate signage on these streets. The estimated startup cost for this program is $900.00. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Lioneld Jordan, Mayor City Council CC: Don Marr, Chief of Staff Terry Gulley, Transportation Services Director Sharon Crosson, Parking & Telecommunications Manager FROM: Kit Williams, City Attorney - DATE: April 16, 2010 RE: Residential Parking Permit Program for the Entertainment District Parking Zone nr� LEGAL DIA ARTMI,XF I have drafted the ordinance to enact §72.18 Residential Parking Permit Program for the Entertainment District Parking Zone pursuant to the Administration's request and in compliance with the terms of the report from Sharon Crosson, Parking and Telecommunications Manager. This program would provide residents of the district free vehicle parking permits for every vehicle owned and make many streets available for resident parking only. In reviewing the laws to see if a city has the power to convert formerly public on -street parking spaces to resident only on -street parking spaces, I found Arkansas Attorney General Opinion No. 97-403 issued January 15, 1998. (attached) Attorney General Winston Bryant took an expansive view of a city council's powers to enact a parking permit system for on -street parking in the Hillcrest area of Little Rock. The Attorney General noted: "There does not appear to be any helpful Arkansas case law concerning the precise question presented in your letter; however, courts from other jurisdictions have upheld local parking restrictions which discriminate in favor of residents of the particular area and against nonresidents thereof." The Attorney General then cited County of Arlington v. Richards, 434 U.S. 5 (1977) which held: "To reduce air pollution and other environmental effects of automobile commuting, a community reasonably may restrict on -street parking available to commuters, thus encouraging reliance in car pools and mass transit. "The Constitution does not outlaw these social and environmental objectives, nor does it presume distinctions between residents and nonresidents of a neighborhood to be invidious. The Equal Protection clause only requires that the distinction drawn by an ordinance like Arlington's rationally promote the regulation's objectives." Supra, 434 U.S. at 7 Although Attorney General Bryant did cite one Montana case upholding a parking permit system favoring residents, he failed to note some state court decisions which had disallowed parking ordinances favoring residents. A Florida city's ordinance was struck down as follows: "Arlington is distinguishable from the instant case. Here, the goal of the ordinance is not to curtail air pollution, noise or traffic. Rather, the ordinance is intended solely to give residents preference over non-residents in the use of parking spaces in the park." City of Maitland, v. Orlando Bassmasters Association, 431 S.W. 2d 178 (1983) New York courts, while acknowledging that the United States Constitution may not invalidate preferential neighborhood parking, have held that New York state law did not grant cities the right to grant to residents of a neighborhood any possessory or proprietary right to the portion of the public road use for parking "in priority to or exclusive of use by the general public." New York State Public Employees Federations v. City of Albany, 72 NY 2d 96, 102 (1988). Both the Montana Supreme Court and the Pennsylvania Supreme Court have agreed that a city could implement a restrictive parking system discriminating in favor of residents of a neighborhood. Love v. Borough of Stroudsburg, 528 Pa. 320 (1991); University of Montana Students v. City of Missoula, 862 P2d 380 (Mont. 1993). 2 I checked with the Little Rock City Attorney to see if they had implemented or had any problems with the Hillcrest residential parking permit system discussed by the Attorney General. Little Rock had never implemented such a plan. However, North Little Rock implemented the "Argenta Residential Parking District" on March 26, 2007 to alleviate the parking problem for an historic residential area near the new Dickey -Stephens Baseball Park (Arkansas Travelers) during games. This residential parking district has not been challenged in Court nor caused substantial opposition from Travelers' fans. One source of statutory power to regulate streets (and I would argue street parking places) is found in A.C.A. 14-301-101 Responsibilities of city council. "The city council shall: "(1) Have the care, supervision, and control of all the public highways, bridges, streets, alleys, public squares, and commons within the city." The Arkansas Supreme Court has also recognized and held that city councils have much discretion in their regulation of streets. The only real limitations on this discretion would be an invasion of private rights or trying to do something in excess of their authorized power. "Matters pertaining to regulations of streets and alleys and their use among those over which cities have authority to act and to exercise discretion ... With such broad powers over streets and alleys, it seems that the latitude of discretion vested in city governing boards should be very wide indeed." City of Little Rock v. Linn, 245 Ark. 260, 432 S.W. 2d 455, 461 (1968) "This court long ago recognized that the varied uses and conflicts of city life required that much must be left to the discretion of city authorities, whose actions should not be judicially interfered with unless manifestly unreasonable and oppressive, an unwarranted invasion of private rights, or clearly in excess of powers granted." Id. at 462 I CONCLUSION With no Arkansas Supreme Court decisions on the precise issue of a city council's power to change public on -street parking spaces to resident -only on -street parking spaces, I can give no absolute assurance of your power in this area. Some states have disallowed it, and some states have approved it. The Arkansas Attorney General opined in 1998 that such a residents -only on -street parking program would be legal in Arkansas. Your power to establish this parking program may depend partly upon the demonstrated need and fairness of this residents -only parking program. rd Opinion No. 97-403 January 15, 1998 The Honorable Phil C. Wyrick State Senator 11001 Alexander Road Mabelvale, Arkansas 72103-1905 Dear Senator Wyrick This is in response to your request, on behalf of the Flillcrest Residents Association, for an opinion concerning whether the City of Little Rock may establish "permit parking districts in residential areas." You indicate that such designated areas would require a parking permit for on -street parking in the area, and parking permits would be issued only to bona fide residents of the area. In my opinion, the answer to your question is generally "yes." The Arkansas Supreme Court has stated that in order to be a valid enactment, an ordinance must come within the scope of the powers granted to cities and towns, be promulgated in the proper exercise of police powers, and must bear some reasonable relation to the public health, safety, morals, welfare, comfort, or convenience. Wilkins v. City of Harrison, 218 Ark. 316, 236 S.W.2d 82 (1951). An ordinance must not be arbitrary, capricious, or unreasonable. Johnson v: Sunray Servs., Inc., 306 Ark. 497, 816 S.W.2d 582 (1991). It is my opinion that the type of ordinance contemplated in your letter bears a reasonable relation to the public health, safety, morals, welfare, comfort, or convenience. See generally Macedonian Orthodox Church v. Planning Board of Randolph, 636 A.2d 96 (N.J. Super. A.D. 1994) (a municipality can exercise its general police powers to deal with problems of traffic and parking so that the character of a residential neighborhood is preserved). It is well established that municipalities have the right to enact reasonable regulations relating to the parking or standing of vehicles, and the authority to enact regulations relating to the parking or standing of vehicles may be implied from the power delegated to municipalities to regulate traffic or to prevent the encumbering of their streets with vehicles. 7A Am Jur 2d, Automobiles and Highway Traffic § 329 (1997). Arkansas Code Annotated § 14-55-102 (1987) states that municipal corporations shall have the power to make and publish bylaws and ordinances, not inconsistent with the laws of the state, which, as to them, shall seem necessary to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of such corporations and the inhabitants thereof. See generally Garrison v. City of Alpena, 234 Ark. 170, 350 S.W.2d 690 (1961) (a city has the authority to pass local traffic ordinances to regulate, warn or guide traffic). Additionally, A.C.A. § 14-301-101 (1987) provides that the city council shall (1) have the care, supervision, and control of all public highways, bridges, streets, alleys, public squares, and commons within the city; and (2) cause those public highways, bridges, streets, alleys, public squares, and commons to be kept open and in repair, and free from nuisance.[/] In short, municipal authorities have wide discretion in matters of making reasonableprovisions for the safety of its inhabitants through the enactment of ordinances, resolutions or http://ag.arkansas.gov/opinions/dots/97-403.htmi 3/23/2010 Page 2 6, bylaws. City of Ft. Smith v. Van Zandt, 197 Ark. 91, 122 S.W.2d 187 (1938) There does not appear to be any helpful Arkansas case law concerning the precise question presented in your letter; however, courts from other jurisdictions have upheld local parking restrictions which discriminate in favor of residents of the particular area and against nonresidents thereof. The United States Supreme Court has held that such an ordinance does not, on its face, violate the Equal Protection Clause. County Bd. of Arlington County, Va. v. Richards, 434 U.S. 5, reh'g denied, 434 U.S. 976 (1977). The Court noted that a community may decide that restrictions on the flow of outside traffic into particular residential areas would enhance the quality of life thereby reducing noise, traffic hazards, and litter. Id. The Court further noted that the Constitution does not outlaw such social and environmental objectives, nor does it presume distinctions between residents and nonresidents of a local neighborhood to be invidious. Id. In a case comparable to the situation presented in your letter, the Supreme Court of Montana upheld two city ordinances which regulated parking in the residential areas adjacent to the University of Montana. Associated Students of the University of Montana v. City of Missoula, 862 P.2d 380 (Mont. 1993); see also Love v. Borough of Stroudsburg, 597 A.2d 1137 (Penn. 1991) (borough ordinance creating a restrictive residential parking scheme was a valid exercise of police power and was not in violation of equal protection provisions of Pennsylvania Constitution). The City of Missoula adopted an on -street parking permit program to be used in residential areas adjacent to the University of Montana. Commuter parking on the sides of certain streets was prohibited between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Exceptions, however, permitted parking on holidays, parking for vehicles with permits, and parking for emergency or service vehicles. University area residential homeowners were permitted to purchase parking permits, but nonresidents could not purchase the permits. In upholding the ordinance, the court held that the distinction between residents and nonresidents rationally related to the City's legitimate governmental interests. The court concluded that the City had a legitimate interest in preserving the tranquillity among University commuters and area residents, in assuring homeowners ample parking space for themselves and their guests, and in reducing noise, traffic hazards, and litter in its residential areas. Finally, with regard to whether a city must make any "finding[s] of fact" prior to establishing a "permit parking area," a city is not required to make any express "finding[s] of fact" prior to adopting an ordinance. Thus, it is possible that the city's governing body could simply determine that a specific area should be designated a "permit parking area." On the other hand, the city may also elect to adopt an ordinance specifying the manner in which an area may qualify as a "permit parking area." Under such an ordinance, the city should specify the requirements necessary to qualify as a "permit parking area." See Love, supra; County Board of Arlington, supra. The establishing of such requirements is a matter within the purview of the governing body of the city. The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Warren T. Readnour. Sincerely, WINSTON BRYANT Attorney General U:365r1111=0 littp:Hag.arkansas.gov/opinions/does/97-403.html 3/23/2010 Page 3 of 3 []]Although you have not indicated that any part of the state highway system is involved, A.C.A. § 27- 49-106(a) of the Uniform Act Regulating Traffic on Highways of Arkansas provides that no local authority shall enact or enforce any rule or regulation in conflict with the provisions of this act unless expressly authorized in this act. Section 27-49-106(b).provides, however, that "provisions of this act shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from: (1) Regulating the standing or parking of vehicles." ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 72 PARKING REGULATIONS BY ENACTING §72.18 RESIDENTIAL PARKING PERMIT PROGRAM FOR ENTERTAINMENT DISTRICT PARKING ZONE WHEREAS, the Downtown Master Plan encompassing the Entertainment District Parking Zone and general city policy encourages residential uses within this Entertainment District; and WHEREAS, the change of several large city parking lots from free parking to paid parking is likely to cause increased congestion and on -street parking problems for residents of the Entertainment District Parking Zone; and WHEREAS, some accommodation to relieve the increased congestion and on -street parking problems should be enacted protect the quality of residential life for these residents; and WHEREAS, a Residential Parking Permit Program for residents of the Entertainment District can ease this congestion and loss of on -street parking availability for these residents. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas amends Chapter 72 Parking Regulations by enacting a new §72.18 Residential Parking Permit Program for the Entertainment District Parking Zone as shown below: "72.18 Residential Parking Permit Program for the Entertainment District Parking Zone (A) Applicability. This Residential Parking Permit Program shall be applicable within the Entertainment District Parking Zone as shown and described on Exhibit A attached to the enacting ordinance. This parking zone will be further divided by Dickson Street into the North Zone for included residents living north of Dickson Street and the South Zone for included residents living south of Dickson Street. (B) Definitions. `Resident' means a natural person residing within a dwelling that the resident owns, leases or rents within the Entertainment District Parking Zone. `Registered vehicle' means a motorized, validly state licensed and insured vehicle kept at the residence owned or leased by the resident within the Entertainment District Parking Zone, The Arkansas Vehicle Registration Certificate for the vehicle should list the residence within the Entertainment District. `Permit' means the currently valid permit issued by Parking Division of the Transportation Department of the City of Fayetteville which allows the resident to park the permitted resident's vehicle in an authorized on -street parking zone pursuant to the terms of this section. (C) Restricted parking periods. From 1:00 p.m. on Sundays and 10:00 a.m. Monday through Saturday until 2:00 a.m. every day, designated on -street parking spaces within the Entertainment District Parking Zone North and South shall be restricted to properly permitted vehicles. The owner of any vehicle improperly parked during this period shall be subject to the penalties set forth in §72.99. (D) On -street parking restrictions for most vehicles in the Entertainment District Parking Zone. Where designated by signs and as shown on the exhibits, only residents of the Entertainment District Parking Zone North shall be permitted to park their properly permitted vehicles in the designated on -street parking areas of the Residential Parking Zone North of Dickson Street during the restricted parking period. Where designated by signs and as shown on the exhibits, only residents of the Entertainment District Parking Zone South shall be permitted to park their properly permitted vehicles in the designated on -street parking areas of the Residential Parking Zone South of Dickson Street during the restricted parking period. (E) Special regulations for oversized vehicles, motorcycles and licensed motor scooters. No vehicle that cannot fit within a standard on -street parking space may be permitted or parked on -street in the Entertainment District Parking Zone. Moving vans serving a residence or business in the District may be specially permitted by the Transportation Department. Motorcycles and licensed motor scooters may receive a permit allowing parking only in special motorcycle/motor scooter on -street parking spaces and be prohibited from parking in standard on -street parking spaces. (F) Mixed use on -street parking on Spring Street. Fifty-nine on -street parking spaces on Spring Street shall be available to the public for paid parking and to residents of the Entertainment District Parking Zone South for properly permitted vehicles free of charge. (G) Free public use of on -street parking. From 2:00 a.m. every day and until 10:00 a.m. Monday through Saturday and until 1:00 p.m. on Sunday, all on -street parking spaces within the Entertainment District Parking Zone shall be free of charge and available to the public. (H) Temporary guest permits. An Entertainment District Parking Zone resident may petition the City to issue temporary guest permits for visitors to their residence to use for a special, short and infrequent event. The resident must show good cause why a limited number of guest permits shall be issued by the City. The Parking and Telecommunications Manager shall investigate any such application and weigh the good cause shown by the applicant against the anticipated need for on -street parking by other residents and recommend to the Transportation Director whether or not to issue a certain number of temporary guest permits only if it is determined that their issuance shall not unduly inconvenience other residents or the public's access to the Spring Street mixed use parking spaces. The Transportation Director's decision shall be final. (I) Parking permits may not be loaned, transferred, sold or used except on the designated registered vehicle. Any resident who attempts to or does loan, transfer, sell or give a permit to another person or entity, or who facilitates the use of the permit obtained for his registered vehicle on a nonregistered vehicle shall, in addition to the general penalty provisions in this chapter, immediately forfeit all permits issued to the resident and the right to apply for any future permits for three years. (J) Penalty. The owner of any vehicle parked in violation of any term or requirement of this section shall be guilty of a violation and shall be subject to the penalties set forth in §72.99. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals any ordinance or code section that is inconsistent or incompatible with this ordinance to the extent of such inconsistency or incompatibility. PASSED and APPROVED this 18th day of May, 2010. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer THE CITY OF FAYETTEVILLE, ARKANSAS CI f.^'- 1& ,-'t, KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor Don Marr, Chief of Staff Terry Gulley, Transportation Services Director Sharon Crosson, Parking & Telecommunications Manager FROM: Kit Williams, City Attorney L. :.,._,,.,.:,w. DATE: May 17, 2010 RE: Residential Parking Permit Ordinance I took Don's directions and the Mayor's comments about free parking for bicycles and small scooters (which I called "high mileage scooters") and redrafted the Residential Parking Permit Ordinance (which is attached). I added two new definitions: "Guest pass" and "High mileage scooters and bicycles" and added "Residential Parking" to the "Permit" definition to distinguish it from other types of permits. I then added the "high mileage scooters and bicycles" language in (E)(3). I rewrote (H) to give the Mayor the right to administer a guest pass program with a goal, but no express provisions or limitations. I think explaining what you are considering will probably be enough. The City Council can avoid the problem of deciding every minute detail and then fine tuning any program after you have experience in operating it. 4 6 k --y 4­0 fq�' ORDINANCE NO. RIM AN ORDINANCE TO AMEND CHAPTER 72 PARKING REGULATIONS BY ENACTING §72.18 RESIDENTIAL PARKING PERMIT PROGRAM FOR ENTERTAINMENT DISTRICT PARKING ZONE WHEREAS, the Downtown Master Plan encompassing the Entertainment District Parking Zone and general city policy encourages residential uses within this Entertainment District; and WHEREAS, the change of several large city parking lots from free parking to paid parking is likely to cause increased congestion and on -street parking problems for residents of the Entertainment District Parking Zone; and WHEREAS, some accommodation to relieve the increased congestion and on -street parking problems should be enacted protect the quality of residential life for these residents; and WHEREAS, a Residential Parking Permit Program for residents of the Entertainment District can ease this congestion and loss of on -street parking availability for these residents. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas amends Chapter 72 Parking Regulations by enacting a new §72.18 Residential Parking Permit Program for the Entertainment District Parking Zone as shown below: "72.18 Residential Parking Permit Program for the Entertainment District Parking Zone (A) Applicability. This Residential Parking Permit Program shall be applicable within the Entertainment District Parking Zone as shown and described on Exhibit A attached to the enacting ordinance. This parking zone will be further divided by Dickson Street into the North Zone for included residents living north of Dickson Street and the South Zone for included residents living south of Dickson Street. (B) Definitions. `Resident' means a natural person residing within a dwelling that the resident owns, leases or rents within the Entertainment District Parking Zone. `Registered vehicle' means a motorized, validly state licensed and insured vehicle kept at the residence owned or leased by the resident within the Entertainment District Parking Zone. The Arkansas Vehicle Registration Certificate for the vehicle should list the residence within the Entertainment District. `Residential Parking Permit' means the currently valid permit issued by Parking Division of the Transportation Department of the City of Fayetteville which allows the resident to park the permitted resident's vehicle in an authorized on -street parking zone pursuant to the terms of this section. `Guest pass' means the pass or authorization to park within the appropriate ,,,�7on-street parking zone pursuant to this section. --'High mileage scooter or bicycle' means bicycles, gas powered scooters not exceeding 70 cubic centimeters and electric powered bicycles and scooters. (C) Restricted parking periods. From 1:00 p.m. on Sundays and 10:00 a.m. Monday through Saturday until 2:00 a.m. every day, designated on -street parking spaces within the Entertainment District Parking Zone North and South shall be restricted to properly permitted vehicles. The owner of any vehicle improperly parked during this period shall be subject to the penalties set forth it §72.99. (D) On -street parking restrictions for most vehicles in the Entertainment District Parking Zone. Where designated by signs and as shown on the exhibits, only residents of the Entertainment District Parking Zone North shall be permitted to park their properly permitted vehicles in the designated on -street parking areas of the Residential Parking Zone North of Dickson Street during the restricted parking period. Where designated by signs and as shown on the exhibits, only residents of the Entertainment District Parking Zone South shall be permitted to park their properly permitted vehicles in the designated on -street parking areas of the Residential Parking Zone South of Dickson Street during the restricted parking period. (E) Special regulations for oversized vehicles, motorcycles and licensed motor scooters with over 70 cubic centimeters of displacement. No vehicle that cannot fit within a standard on -street parking space may be permitted or parked on -street in the Entertainment District Parking Zone. 1. Moving vans serving a residence or business in the District may be specially permitted by the Transportation Department. 2. Motorcycles and motor scooters with over 70 cubic centimeters of displacement may receive a permit allowing parking only in special motorcycle/motor scooter on -street parking spaces and are prohibited from parking in standard on -street parking spaces or sidewalks. 3. I-Tigh mileage scooters and bicycles may park in specially designated parking spaces, but not in regular parking spaces or sidewalks. (F) Mixed use on -street parking on Spring Street. Fifty-nine on -street parking spaces on Spring Street shall be available to the public for paid parking and to residents of the Entertainment District Parking Zone South for properly permitted vehicles free of charge. (G) Free public use of on -street parking. From 2:00 a.m. every day and until 10:00 a.m. Monday through Saturday and until 1:00 p.m. on Sunday, all on -street parking spaces within the Entertainment District Parking Zone shall be free of charge and available to the public. (H) Temporary guest passes. An Entertainment District Parking Zone resident may request the Citv to issue temporary guest passes for visitors to their residence. The Mayor or designee shall administer a guest pass program with ff, goal of accommodating the needs of both residents and businesses within the an o o _�, Entertainment District Parking Zone. Use of a guest pass in a manner not o authorized by the guest pass program shall be a violation of this section for the vehicle's owner. (I) Residential parking permits may not be loaned, transferred sold or used except on the designated registered vehicle. Any resident who attempts to or does loan, transfer, sell or give a residential parking permit to another person or entity, or who facilitates the use of the permit obtained for his registered vehicle on a nonregistered vehicle shall, in addition to the general penalty provisions in this chapter, immediately forfeit all permits issued to the resident and the right to apply for any future permits for three years. (J) Penalty. The owner of any vehicle parked in violation of any term or requirement of this section shall be guilty of a violation and shall be subject to the penalties set forth in §72.99. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals any ordinance or code section that is inconsistent or incompatible with this ordinance to the extent of such inconsistency or incompatibility. PASSED and APPROVED this 18th day of May, 2010. APPROVED: In LIONELD JORDAN, Mayor By: ATTEST: SONDRA E. SMITH, City Clerk/Treasurer RECEIVED JUN 2 4 2010 TEVILLE NORTHWEST ARKANSAS CITY C ERK'SFAYEOFFICE CITY CLERK'S OFFICE NEWSPAPERSLLc 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 727011 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 5323 June 10, 2010 Publication Charge : $ 246.43 Signed: Subscribed and sworn to before me This (Slay of J jNt 2010. Notary Public My Commission Do not pay from Affidavit, an invoice will be sent IG RE CE TO AMEND CHAPTER .172 8 iG REGULATIONS BY ENACTING aye evl e RNTIAL PARKING PERMIT PROGRAM TAINMENT DISTRICT PARKING ZONE AS, the Downtown Master Plan encem- the Entertainment District Parking Zone and aaKFxaF1 city policy encourages residential uses within ;dainment DMIct; and AS, the change of several large city parking lots from tee parking to paid parking to cause increased congestion and on -street parking problems for residents of the iment District Parking Zone; and AS, some accommodation to relieve the increased congestion and on -street parking s should be enacted protect the quality of residential lee for these residents; and AS, a Residential Parking Permit Program for residents of the Entertainment District a this congestion and loss of on -sleet parking availability for these residents. THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF rEVILLE, ARKANSAS: 1 1: That the City Council of the City of Fayetteville, Arkansas amends Chapter 72 Regulations by enacting a new §72.18 Residential Parking Permit Program for artatnment District Parking Zone as shown below: Residential Parking Permit Program for the Entertainment District Parking Yeabilty. This Residential Parking Permit Program shell be applicable within the imam District PeMing Zone es shown and described on Exhibit A attached to the lent' means a natural person residing within a dwelling that the resident owns, leases or within the Entertainment District Parking Zone. rtered vehicle' means a motorized, validly state licensed and insured vehicle kept at the nce mired or leased by the resident within the Entertainment District Parking Zane. The sea Vehicle Registration Cenificate for the vehicle should list the residence within the ainment District. The Parking Division may accept other reliable documentation of own-' 1 or occupancy of a residence within the Zone to justify issuance of a residential parking t for a resident's vehicle, lential parking permitmeans the currently valid permit issued by Parking Division of the promotion Department of the City of Fayetteville which allows the resident to park the died resident's vehicle in an authorized on -street parking mine pursuant to the terms of =.ction. I pass' means the pass or authorization to park within the appropriate on -street parking pursuant to this section. efficient scooter or bicycle' means bicycles. gas powered scooters not exceeding 70 centimeters and electric poweretl bicycles and swolete. esMcted parift periods: From 1:00 p.m. on Sundays and 10:00 a.m. Monday ,h Ref mlav until Pith a m. every davdi,-eionsted on street oerkina soaces within the setfortrin for most vehicles in the En orrosi merit District Parking Zone: is Mmvn rim the exhibits only residents of the Entertainment restricted I regWatfons for oversized verities, moorcyces, motor scooters and bicycles: No n cannot fit within a standard on -street parking space may be parked on -street in the font District Parking Zone unless its owner or operator has obtained a special limited ocation permit pursuant to (1).' ;rater or owner of a moving van or other oversized vehicle that needs to park on - designated area for a limited time to serve a residence, business or office within the Pent District Parking Zone may be issued a special, limited time and location parking Me Parking Division. lent of the Entertainment District Parking Zone who owns a motorcycle or motor rah over 70 cubic centimeters displacement may be issued a residential permit If allow free parking only in specially desgned motorcycle/motor scooter omstreet faces and is prohibited from parking in standard on -street parking spaces reserved its' cars. Operators of motorcycles and motor scooters may park in paid parking the standard parking rate. No motorcycle not any motor scooters may be parked Valk. ors of fuel efficient scooters and bicycles may park for free in specially designated faces, but must pay the standard parking rate if parked in a nomfai paid parkig r bicycle may be parked on a sidewalk unless it is utilizing a permanently Installed tied bicycle rack. rtparMig: From 2:00 a.m. every day and until 10:00 a.m. P 1:OO p.m. on Sunday, all offshoot parking spaces M 1 Zone shall be tee of charge and available to the public. An Entertainment District Parking Zone resident may regr 1t passes for visitors to their residence. The Mayor or d� a program with the goal of accommodating the needs Tin the Entertainment District Parking Zone. Use of a Sul y the guest pass program shall be a violation of this sec aansterred, sold or used arcepl Tots to or does loan, transfer, as ty, or who facilitates the use of th d vehicle shall, in addition to the all permds issued to the resident s The owner of any vehicle parked in violation of any term or requirement of oe guilty of a violation and shall be subject to the penalties set font in §72.1 I: That the City Council of the City of Fayetteville, Arkansas hereby repeals code section that is inconsistent or incompatible with this ordinance to the nsistency or incompatibility. and APPROVED this 1st day of June, 2010. :D. ATTEST: BY: ) JORDAN, Mayor SONDRA E. SMITH, City Chrk/Reasurer u this ordinance may be viewed in the office of the City Clerk/Treasurer.