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Home My WebLink AboutOrdinance 5325 ORDINANCE NO. 5325 AN ORDINANCE TO AMEND ARTICLE III PARKING METERS AND ELECTRONIC PAYMENT STATIONS OF CHAPTER 72 PARKING REGULATIONS BY AMENDING § 72.99 PENALTIES 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 §72.99(B) Penalties by repealing it in its entirety and enacting a replacement §72.99(B) Penalties and a new subsection(C) as shown below: "(B) The penalty for each violation of§72.13, 72.57 or 72.58(J) shall be $10.00, 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) shall be $35.00; provided the penalty for each violation of§72.13, 72.57, or 72.58(J) for a second offense committed within 12 months of the first offense shall be $15.00 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) shall be $40.00; provided the penalty for each violation of§72.13, 72.57, or 72.58(J) for a third or subsequent offense committed within 12 months of two previous offenses 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) shall be $50.00. "(C) Parking citations for overtime parking may not be written for the same vehicle in the same space more than three times per day." PASSED and APPROVED this 1st day of June, 2010. APPROVED ATTEST: By: •�-- By: . 0" O ELD JO ,Mayor SONDRA E. SMITH, City Clerk/Trepp�rRF,f�o`o 0.�A�®°°G\T Y p G� FAYETTEVILLE 'atieeaa�,.sss;4`. City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements ❑4 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 change the fines and summons fees for parking violations in the Entertainment District Parking Zone and Downtown Square Parking Zone. $ - Entertainment Dist. Parking Program Cost of this request Category/Project Budget Program Category/Project Name $ - Parking Fines Account Number Funds Used to Date Program/Project Category Name $ - Off-Street Parking Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached I� E, y� Previous Ordinance or Resolution# Depart t ector all. Date 77 Original Contract Date: ^G�^ Original Contract Number: rney U Date -T(:4,A Q- . 11 • 11-1611D ENTERED Finan c and Internal Services Director Date Received in City Clerk's Office _ 4ayvorte f of aff Date Received in � V- Mayor's Office Comments: vised January 15,2009 AGENDA REQUEST FOR: COUNCIL MEETING OF JUNE 1, 2010 FROM: ALDERMAN BOBBY FERRELL ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend Article III Parking Meters And Electronic Payment Stations Of Chapter 72 Parking Regulations By Amending § 72.99 Penalties APPROVED FOR AGENDA: Bobby Ferrell, Alderman Date - 6 Zvto it Williams, City Attorney Date (as to form) ORDINANCE NO. AN ORDINANCE TO AMEND ARTICLE III PARKING METERS AND ELECTRONIC PAYMENT STATIONS OF CHAPTER 72 PARKING REGULATIONS BY AMENDING § 72.99 PENALTIES 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 §72.99(B) Penalties by repealing it in its entirety and enacting a replacement §72.99(B) Penalties and a new subsection(C) as shown below: "(B) The penalty for each violation of §§72.13, 72.57 or 72.58(J) shall be $10.00, 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) shall be $35.00; provided the penalty for each violation of§§72.13, 72.57, or 72.58(J) for a second offense committed within 12 months of the first offense shall be $15.00 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) shall be $40.00; provided the penalty for each violation of §§72.13, 72.57, or 72.58(J) for a third or subsequent offense committed within 12 months of two previous offenses 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) shall be$50.00. 1 "(C) Parking citations for overtime parking may not be written for the same vehicle in the same space more than three times per day." PASSED and APPROVED this 1St day of June,2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 2 Za lete—vl I I eTHE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS 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 Change the Fines for Parking Violations in the Entertainment District Parking Zone and the Downtown Square Parking Zone PROPOSAL: City staff is recommends the approval of an ordinance to change the fines for parking violations and summons fees in the Entertainment District Parking Zone and the Downtown Square Parking Zone. RECOMMENDATION: Violation amounts are established in relation to the cost of the parking meter rate, and are set high enough with the intent to encourage the parker to pay appropriate fee for the use of the parking space. As the parking rates have been established for the Entertainment District and Downtown Square Parking Zones, the recommended violation amounts follow the general guidelines of this concept. An escalating violation amount for overtime parking has been proposed for all public parking in the Entertainment District and Downtown Square Parking Zones. The first offense begins at a very low fine of $10.00; this gives careful consideration to first-time visitors of our area. The second offense increases to $15.00;three or more offenses are$25.00 each. Parking fines have not been increased since 2002. The violation amounts for prohibited parking and illegally parking in a handicap space are proposed to match that of the Fayetteville Police Department which is set by the District Judge. This provides consistency in the fines issued for the same offense by both the Parking Management Division and the Fayetteville Police Department. BUDGET IMPACT• Implementation of this program will involve minimal program of existing equipment and software to implement the new fines. Estimated revenues generated from this change is$313,975 per year. THE CITY OF FAYETTEVILLE,ARKANSAS Citation Rates and Enforcement Recommendation Citations may be written up to three (3) times per day, once per Time Period as defined in Chapter 72 Parking Meter Rates &Times. violation 1St Offense 2° Offense 3r Offense and Summons Fee if Not Paid m after Within 14 Da s Overtime parking $10.00 $15.00 $25.00 $25.00 Prohibited parking $70.00 (same as Police Department) $25.00 Handicap violation $195.00 (same as Police Department) $25.00 ORDINANCE NO. AN ORDINANCE TO AMEND ARTICLE III PARKING METERS AND ELECTRONIC PAYMENT STATIONS OF CHAPTER 72 PARKING REGULATIONS BY AMENDING § 72.99 PENALTIES 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 §72.99(B) Penalties by repealing it in its entirety and enacting a replacement §72.99(B) Penalties and a new subsection (C) as shown below: "(B) The penalty for each violation of §§72.13, 72.57 or 72.58(J) shall be $10.00, 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) shall be $35.00; provided the penalty for each violation of §§72.13, 72.57, or 72.58(J) for a second offense shall be $15.00 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) shall be $40.00; provided the penalty for each violation of §§72.13, 72.57, or 72.58(J) for a third or subsequent offense 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) shall be$50.00. 1 "(C) Parking citations for overtime parking may not be written for the same vehicle in the same space more than three times per day." PASSED and APPROVED this 4th day of May, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 2 90 P-0-Iry-1 1W "W V-i FAYE I -t EVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS,CITY ATTORNEY DAVID WHITAKER,ASST.CITY ATTORNEY q, A DEPARTMENTAL CORRESPONDENCE M,-oJ jLEGAL DEPARTMENT TO: Alderman Bobby Ferrell FROM: Kit Williams, City Attorney .................... DATE: May 6, 2010 RE: Limiting increased penalties for overparking to previous violations within preceding 12 months Please see the proposed changes in bold in the attached ordinance (§72.99). I believe this should accomplish your goal to apply the increasing penalties for second, third and subsequent offenses only if the previous offenses occurred within the preceding 12 months. Thus, alumni returning for a football game would "start over" at the first offense level and not be penalized for "youthful indiscretions" of overtime parking while students by being hit with the largest fine. If this is satisfactory, please let me know and I will have copies for you to hand out at the Agenda or regular City Council meeting. RECEIVE JUN 2 4 2010 ITY OF NORTHWEST ARKANSAS OCITY CLERKS OFFICE FAYETrEVILLE NEWSPAPERS= 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 5325 June 10, 2010 Publication Charge : $ 64.85 Signed: -------- Subscribed and sworn to before me This ISday of v oN.Q ) 2010. Notary Public Jim Mears Washington County Commission Number 12374647 My Commission Expires: Notary Public-Arkansas My Commission Expires Jan.20,2020 Do not pay from Affidavit, an invoice will be sent IN/1N'CEND 5325 ^: r � � 1 O}�NONE NMEND'AIF MC III PA7jKING" r� D LECTROIVIG M Y-MENTSTATION& I+q,JKING REGuEP,TIONS B r IN�12 9� Al,1E E�� NEDB�(,. �NOU 1LrOFT evil A �as (B)P a s m �and � the, pian o a�mrt�oris o parr lation' " I o� X13 72 57�ot�2 59 PGPv1 p° � a'a o m '2;13 " sth"" ��T60D�`fp �foge ons, tai�o ro erGvise hQ eeo�chga p I be ssp rjalty. chy�knfib�o(� 3 � � bsy� e �co�n�itted ,��e°•al��it e, o" F <� o G °s �'�e�s �e�same R�9x D(hiS�lsttla�o�r�e,,�0`'�'1�� i