HomeMy WebLinkAboutOrdinance 5326 ORDINANCE NO. 5326
AN ORDINANCE TO AMEND §72.02 IMPOUNDMENT PROCEDURES OF
THE CODE OF FAYETTEVILLE TO CLARIFY WHEN THE POLICE MAY
INITIATE A NONCONSENSUAL TOW OF A VEHICLE
WHEREAS, the Fayetteville Police Department needs clear authority to initiate
nonconsensual tows of vehicles obstructing driveways, over-parked in city owned lots, and for
other good reasons; and
WHEREAS, the owners of any such vehicle which has been towed should have the same
rights to prompt post-deprivation hearing as provided for vehicles immobilized for parking
violations.
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 hereby amends
§72.02 by repealing its title and subsection (A) and enacting a new title and subsections (A) and
(D) as shown below:
"72.02 Nonconsensual, Police-initiated Towing, Storage and Impoundment
Procedures
"(A) In addition to ticketing an illegally parked vehicle, the police department is
hereby authorized to initiate a nonconsensual tow or otherwise remove a vehicle
from a highway, street, street right-of-way, or city parking lot and have it towed
to a storage facility within Fayetteville or within three miles of the city limits
under the following circumstances:
(1) When any vehicle is left unattended upon any bridge, viaduct or
causeway or in any tunnel where such vehicle constitutes an obstruction to
traffic.
(2) When a vehicle upon a highway is so disabled as to constitute an
obstruction to traffic and the person in charge of the vehicle is by reason
of physical injury incapacitated to such an extent as to be unable to
provide for its custody or removal.
(3) When any vehicle is parked illegally and left unattended upon a street
or street right-of-way, and
Page 2
Ordinance No. 5326
(a) constitutes a hazard or obstruction to the normal movement of
traffic on the street,
(b) obstructs a driveway or access to a fire hydrant,
(c) is parked in a prohibited area or tow away zone that is so
designated by a sign or other official markings, or
(d) is parked continuously upon any street for more than seventy-
two hours.
(4) When any vehicle is parked beyond the period allowed in a city
parking lot and the parking space is needed for reserved parking or a
special event or if parked more than 24 continuous hours beyond the
period allowed. The Mayor or mayor's designee may also order such
illegally parked vehicle in a city parking lot to be towed at the vehicle
owner's expense."
(5) If a difficult to tow vehicle that cannot reasonably be towed by the
property owner's normal towing company needs to be removed from a
private parking lot, the parking lot owner may request the police
department to initiate a nonconsensual tow. If the police officer agrees
that the vehicle presents an unusual and difficult towing situation and the
property owner presents facts to support a substantial need for the
immediate removal of the vehicle, the police officer may initiate a
nonconsensual tow using the police department's normal towing
company."
"(D) The owner or lessee of any vehicle towed or impounded pursuant to this
section is entitled to a prompt post-deprivation hearing and all rights there under
as provided in §72.58(L). The owner or lessee of any vehicle properly towed
pursuant to this section shall be required to pay the towing and storage costs."
PASSED and APPROVED this 1St day of June, 2010.
APPROVED: ATTEST:
By: By:
L OI ELD J AN,Mayor SONDRA E. SMITH, City C erk/Treasurer
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AGENDA REQUEST
FOR: COUNCIL MEETING OF MAY 18, 2010
FROM:
ALDERMAN KYLE COOK
ALDERMAN MATTHEW PETTY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Amend§72.02 Impoundment Procedures Of The Code Of Fayetteville To
Clarify When The Police May Initiate A Nonconsensual Tow Of A Vehicle
APPROVED FOR AGENDA:
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Kyl ook Date
Alderman
C
��I�Zc�1tJ
Ma hew Petty Date
Alderman
City ttorney
City
(as to form)
51 ti��e ICu�,
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ORDINANCE NO.
AN ORDINANCE TO AMEND §72.02 IMPOUNDMENT
PROCEDURES OF THE CODE OF FAYETTEVILLE TO
CLARIFY WHEN THE POLICE MAY INITIATE A
NONCONSENSUAL TOW OF A VEHICLE
WHEREAS, the Fayetteville Police Department needs clear authority to initiate
nonconsensual tows of vehicles obstructing driveways, over-parked in city owned lots, and for
other good reasons; and
WHEREAS, the owners of any such vehicle which has been towed should have the same
rights to prompt post-deprivation hearing as provided for vehicles immobilized for parking
violations.
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 hereby amends
§72.02 by repealing its title and subsection (A) and enacting a new title and subsections (A) and
(D) as shown below:
"72.02 Nonconsensual,Police-initiated Towing, Storage and
Impoundment Procedures
" (A) In addition to ticketing an illegally parked vehicle,the police
department is hereby authorized to initiate a nonconsensual tow or
otherwise remove a vehicle from a highway, street, street right-of-way,
or city parking lot and have it towed to a storage facility within
Fayetteville or within three miles of the city limits under the
following circumstances:
(1) When any vehicle is left unattended upon any bridge,
viaduct or causeway or in any tunnel where such vehicle
constitutes an obstruction to traffic.
(2) When a vehicle upon a highway is so disabled as to
constitute an obstruction to traffic and the person in charge of
the vehicle is by reason of physical injury incapacitated to such
an extent as to be unable to provide for its custody or removal.
(3) When any vehicle is parked illegally and left unattended
upon a street or street right-of-way, and
(a) constitutes a hazard or obstruction to the normal
movement of traffic on the street,
(b) obstructs a driveway or access to a fire hydrant,
(c) is parked in a prohibited area or tow away zone that
is so designated by a sign or other official markings, or
(d) is parked continuously upon any street for more than
seventy-two hours.
(4) When any vehicle is parked beyond the period allowed in a city
parking lot and the parking space is needed for reserved parking or a
special event or if parked more than 24 continuous hours beyond
the period allowed. The Mayor or mayor's designee may also order
such illegally parked vehicle in a city parking lot to be towed at the
vehicle owner's expense."
(5) If a difficult to tow vehicle that cannot reasonably be towed by
the property owner's normal towing company needs to be removed from
a private parking lot,the parking lot owner may request the police
department to initiate a nonconsensual tow. If the police officer agrees
that the vehicle presents an unusual and difficult towing situation and
the property owner presents facts to support a substantial need for the
immediate removal of the vehicle,the police officer may initiate a
nonconsensual tow using the police department's normal towing
company."
"(D) The owner or lessee of any vehicle towed or impounded pursuant to
this section is entitled to a prompt post-deprivation hearing and all rights
thereunder as provided in §72.58(L). The owner or lessee of any vehicle
properly towed pursuant to this section shall be required to pay the towing and
storage costs."
PASSED and APPROVED this 18th day of May, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
KIT WILLIAMS,CITY ATTORNEY
DAVID WHITAKER,ASST.CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Alderman Kyle Cook
Alderman Matthew Petty
CC: Mayor Jordan
Don Marr, Chief of Staff
Terry Gulley, Transportation Services Director
Sharon Crosson, Parking & Telecommunications Manager
FROM: Kit Williams, City Attorney
DATE: April 28, 2010
RE: Parking ordinance amendments
I have drafted a proposed amendment to §72.02 Impoundment Procedures
which is attached. The amendment clarifies that the police can ticket and tow a
vehicle blocking a driveway or fire hydrant. It also allows towing to clear a lot for
a special event or if spaces are needed for previously reserved parking. It shortens
the time from 72 hours to 24 hours for a vehicle illegally parked in a city lot before
it can be towed and provides additional towing authority.
The new subsection (D) provides the Due Process required post-deprivation
hearing for such nonconsensual police initiated tows for parking violations.
The permit renewal periods are NOT handled within the proposed
ordinance which refers to permits merely as "currently valid permit issued by the
Parking Division ...." The Mayor and Parking Division administratively decide
about issuance periods just as they do for "Employee Parking Cards" in the paid
parking ordinance. Many such details should be left to the administration which
must adjust the issuance of permits as experience brings out problems and
solutions or changes become apparent. Please inform the administration of your
request to lengthen the residential permit renewals to six months rather than the
currently proposed three month period.
i
ORDINANCE NO.
AN ORDINANCE TO AMEND §72.02 IMPOUNDMENT
PROCEDURES OF THE CODE OF FAYETTEVILLE TO
CLARIFY WHEN THE POLICE MAY INITIATE A
NONCONSENSUAL TOW OF A VEHICLE
WHEREAS, the Fayetteville Police Department needs clear authority to initiate
nonconsensual tows of vehicles obstructing driveways, over-parked in city owned lots, and for
other good reasons; and
WHEREAS,the owners of any such vehicle which has been towed should have the same
rights to prompt post-deprivation hearing as provided for vehicles immobilized for parking
violations.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby amends
§72.02 by repealing its title and subsection (A) and enacting a new title and subsections (A) and
(D) as shown below:
"72.02 Nonconsensual,Police-initiated Towing, Storage and
Impoundment Procedures
" (A) In addition to ticketing an illegally parked vehicle, the police
department is hereby authorized to initiate a nonconsensual tow or
otherwise remove a vehicle from a highway, street, street right-of-way,
or city parking lot and have it towed to a storage facility within
Fayetteville or within three miles of the city limits under the
following circumstances:
(1) When any vehicle is left unattended upon any bridge,
viaduct or causeway or in any tunnel where such vehicle
constitutes an obstruction to traffic.
(2) When a vehicle upon a highway is so disabled as to
constitute an obstruction to traffic and the person in charge of
the vehicle is by reason of physical injury incapacitated to such
an extent as to be unable to provide for its custody or removal.
(3) When any vehicle is parked illegally and left unattended
upon a street or street right-of-way, and
(a) constitutes a hazard or obstruction to the normal
movement of traffic on the street,
(b) obstructs a driveway or access to a fire hydrant,
(c) is parked in a prohibited area or tow away zone that
is so designated by a sign or other official markings, or
(d) is parked continuously upon any street for more than
seventy-two hours.
(4) When any vehicle is parked beyond the period allowed in a city
parking lot and the parking space is needed for reserved parking or a
special event or if parked more than 24 continuous hours beyond
the period allowed."
"(D) The owner or lessee of any vehicle towed or impounded pursuant to this
section is entitled to a prompt post-deprivation hearing and all rights
thereunder as provided in §72.58(L)."
PASSED and APPROVED this 18th day of May, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE CODE OF ORDINANCES G(
TITLE VII TRAFFIC CODE la
CHAPTER 72 PARKING REGULATIONS-
ARTICLE I
GENERAL REGULATIONS (4) When any vehicle is parked on a public street,
parking deck or lot,designated by a sign or by
72.01 Application Of Parking
curb marking as a tow-away zone.
Prohibitions Or Limitations (B) Whenever the police department removes a vehicle
The provisions of this chapter prohibiting the standing or from a street under this section and does know or is
parking of a vehicle shall apply at all times or at those able to ascertain from the registration records in the
times herein specified or as indicated on official signs, vehicle the name and address of the owner thereof,
except when it is necessary to stop a vehicle to avoid the police department shall immediately give or
conflict with other traffic or in compliance with the cause to be given notice in writing to such owner of
directions of a police officer or official traffic control the fact of such removal and the reasons therefor
device. The provisions of this chapter imposing a time and the place to which such vehicle has been
limit on parking shall not relieve any person from the removed.
duty to observe other and more restrictive provisions
prohibiting or limiting the stopping, standing or parking (C) Whenever the police department moves a vehicle
of vehicles in specified places or at specified times. The from a street under this section and does not know
overtime parking prohibitions prescribed by this chapter and is not able to ascertain the name of the owner,
shall not apply to governmental vehicles. or for any other reason is unable to give the notice
to the owner as hereinabove provided, and in the
(Code 1965,§19-139;Ord.No.1447,6-7-65;Ord.No.3350,4- event the vehicle is not returned to the owner within .
29-88) a period of three days, written report of such
*Cross reference(s)—Parking in public parks,§97.052. removal shall be made to the state departmentwhose duty it is to register motor vehicles. Such
notice shall include a complete description of the
72.02 Impoundment Procedures vehicle, the date, time and place from which
removed,the reasons for such removal,the name
(A) The police department is hereby authorized to of the garage or place where the vehicle is stored.
remove a vehicle from a street or highway to the
nearest garage or other place of safety, or to a (Code 1965,§19-140;Ord.No.1447,6-7-65;Ord.No.2630,5-
garage designated or maintained by the police 6-80,Code 1991,§72.02;Ord.No.4388,§a,4-16-02)
department or otherwise maintained by the city,
under the circumstances hereinafter enumerated: (Ord.No.4388,§1,4-16-02)
(1) When any vehicle is left unattended upon any Cross reference--Penalty,§72.99.
bridge, viaduct or causeway or in any tunnel
where such vehicle constitutes an obstruction 72.03 Parking Prohibited In Certain
to traffic. Places
No person shall stop, stand or park a vehicle, except
(2) When a vehicle upon a highway is so disabled when necessary to avoid conflict with other traffic or in
as to constitute an obstruction to traffic and the compliance with the directions of a police officer or
person in charge of the vehicle is,by reason of traffic-control device,in any of the following places:
physical injury,incapacitated to such an extent
as to be unable to provide for its custody or (A) On a sidewalk.
removal.
(B) In front of a public or private driveway.
(3) When any vehicle is left unattended upon a
street and is parked illegally as to constitute a (C) Within an intersection.
definite hazard or obstruction to the normal
movement of traffic; when any vehicle is left (D) On a crosswalk.
continuously and unattended upon any street,
public parking deck or lot,for a period of more (E) Within 15 feet of a fire hydrant.
than 72 hours; and any time a vehicle is
parked in a prohibited area that is so (F) Within 20 feet of a crosswalk at an intersection.
designated by signs or other official markings.
.... CD72:3
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
KIT WILLIAMS,CITY ATTORNEY
DAVID WHITAKER,ASST.CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Lioneld Jordan, Mayor
City Council
CC: Greg Tabor, Police Chief
FROM: Kit Williams, City Attorney(L
DATE: May 11, 2010
RE: Minor adjustment to §72.02 Amendment
With the permission of Mayor Jordan and Alderman Petty, I have made
further recommended amendments to the §72.02 Amendment in your packet. The
additional amendments are as follows:
(A)(4) In order to allow the Mayor or his designee (Parking?) to reduce the
cost to the owner of cars that must be towed out of a city lot to make room for a
special event or reserved parking, I inserted the last sentence: "The Mayor or
mayor's designee may also order such illegally parked vehicle in a city parking lot
to be towed at the vehicle owner's expense." Thus, an overparked vehicle in a paid
parking city lot would be treated identically to a vehicle in a paid parking private
lot with tows of$60 instead of a police initiated tow at a minimum of$100.
(A)(5) This subsection is to expressly authorize the police department to
have a difficult to tow.vehicle that a private parking lot property owner needs to be
moved immediately nonconsensually towed by the police authorized towing
company. So if the normal towing company for the private lot cannot tow such a
vehicle,, "the police officer may initiate a nonconsensual tow using the police
department's normal towing company." I believe this will be a very rare occasion,
but it is possible such an event could occur so we should authorize a solution to
this potential problem.
RECEIVED
JUN 2 4 2010
ITY OF NORTHWEST ARKANSAS CCITY JERKS OF CE E
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Benton County Daily Record
212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702
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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 5326
June 10, 2010
Publication Charge : $ 129.70
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Subscribed and sworn to before me
This )Sday of 0 vr\k , 2010.
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ORDINANCE NO.5326
4N ORDINANCE TOAMEND§72 021MPOUNDMENT., 1
PROCEDURES OF THE CODE-OF FAYETPEV)LL
TO CLARIFY WHEN THE POLICE E
RlONCONSENSUAL TOW OF q VEHICLE INITIATE A u
WyEREAS'the Fayettevtlle Police Departmentneeds PP
clear authority to initiate nonoo sertsu z V f
n aJ tows of vehi
files obstructing dnvey ays over parked an City ov�med Q, 2PA
lots and fpr other good reasons adz R '
WHEREAS the o
rights to prompt posi'_pn ation hpaYrl4 6s p pvlded fbr,,Vefliclesdmmob 1 ed fo hb'sa ng
violations
1VOW THEREFORE BE r
ORD111NED�Y THE CITYf COUNCI4 OF THE"CITY"OF.`
AYE7TEVIkLE ARKANSAS,
'Section 1 bfhattitl e and
a bunc(I'of Elie Cdy°of Fayetteville;grkanses hereby amends§72,p2
by repealing its title and subsection(A)and enacting a newtsle and subsections
as shown below, ,
"72 02
Non'
consehsual Police initiatbd Towing,Storage and I,mpoundm✓~t P
addl#lob io ticppg an ill ail e� rpCedureg
e9 y Parked yehjcle ilia poljce tlapaitment"s hereby autho-
nzed to mitiatB a nonconsensual"tow or othenv se remove e uehicP rt a highway street;
streetmght-ofway or.city,parwngrylot and have it towed to a`storage feel ty within Fayetteyat
oc w thin three'miles of the city7(Jn(ts under the fo fovnng circytnstancas ,l
(t),When any vehicle is left unat ended upon any bodge viaduct or causeway or m any tunnel 3,
where such vehicle constitutes an obstructwri to traffic
the'perspn rn oharge of theg ehicle is by reason of{h°Snstfute an°bsYruc(ion toYraffic and
extent as to b umble to provide forJts cusfdd or re ovale lnJu it capacttatad to such an
(3)When any vehicle is arketl ap� y niIN
way and P, (� Y an left Gnatiended u on a street or stree '
P rgght of
(aJ Gronstitutes az�rdAr gbstr�etion to the norrrial movement of traffic ori the streetP
(b�obstructs adJtysWr access to afire hydrant
a
ffi( ,-i,parketl�na prohibted area or tow awe zo Q that is so tlesi nated�b a
oci ma'01 of y
Jd)r.parked confiuously upon any street fob more than seventy two hours;
(4)`ce Is any vehicle is parked beyond the anod allowed in a city parking lot and the parking
space is needed for reserved Parking�ora special eV,ent or n packed rppre°than 24,continupus
Parked veli c e nee c1 y allov✓ed.The Mayor pr mayor s designee may also,order such illegally
ty parking7ot to be towed atfthe vehicle owner s expense
(5)If a difficult to tow vehicle that cannot reasonably beI'll towed by the grope
tovrng company'needs to be removed from a r owners,nbnnal
request the police department to initiates noncernjs sua7 tow Jftryt popCe-�¢Qt owner flay
the vehicle presents an unusual and difficult 41, "A
and the property ownerpres
eilts facts to support a substantial need for tl)e i m egress that
P Mp officer-may initiate a nonconsensual tow using the ponce partmereits(normal tow ng
company
rorjsa
If
tADB p OMpt post depn at on hearing and a(I{ugh s he edunderr s pr°�nd §72 58 Lsntitled
ownersr(asses ot,-any vehicla-propedy toyved pursuant to thJs s on sha11`ba,r Oe
thetowing and storage costs ell Squired to Pay
PASSED and APPROVED this 1 st day of June 20J.p
APPFOVED
gy ATiEST
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LD°JDRDIFN 1vlaYor ;f
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