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
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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
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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