HomeMy WebLinkAboutOrdinance 5370 ORDINANCE NO. 5370
AN ORDINANCE TO AMEND §72.99 PENALTIES OF CHAPTER 72
PARKING REGULATIONS TO SET THE FINE FOR OVERTIME PARKING
AT $15.00 AND TO LIMIT ISSUING A PARKING CITATION TO ONCE
WITHIN A FOUR HOUR PERIOD
WHEREAS, rather than having an escalating fine for overtime parking tickets within a
year ($10.00 first; $15.00 second, and $25.00 third and thereafter), all parking fines should be
$15.00 if paid before issuance of a summons, citation, or arrest warrant and $40.00 after such
issuance; and
WHEREAS, this penalty provision should be clarified by adding a prohibition of writing
a parking citation more than once within a four hour period to the existing limit of three parking
tickets per day.
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
§72.99 Penalties (B) and (C) by repealing those subsections in their entirety and enacting a
replacement §72.99 Penalties (B) and(C) as shown below:
"(B) The penalty for each violation of§§72.13, 72.57 or 72.58(J) 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.
"(C) Parking citations for overtime parking may not be written for the same
vehicle in the same space more than once every four(4) hour period and not more
than three (3)times per day."
oar ` enFT r7Poad fn
Y
PASSED and APPROVED this 7h day of December, 2010. q``��o®°G\� �F°•°G��
0v •
:FAYETTEVILLE:
APPROVED: ATTEST:
°A s,�, •KAN ®•oJ�4F
IGTOtA t%%
By By: Ak
I ELD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
12/7/2010
City Council Meeting Date
Agenda Items Only
Sharon Waters 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 overtime parking violations in the Entertainment District Parking Zone and Downtown Parking Zone to$15.00
per violation.
$ - Entertainment Dist. Parking Program
Cost of this request Category/Project Budget Program Category/Project Name
2130-09134500-00 $ - Parking Fines-Revenue
Account Number Funds Used to Date Program/Project Category Name
$ - Off-Street Parking
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution#
Department erector Date
Original Contract Date:
20(J Original Contract Number:
City Attorney Date
wl
Received in Ci — —
F c and Internal Services Director City 1 1 19 1 0 P 0 3 '51 R C V D
Clerk's Office
Chlef of S ff DateUEN7ER Receivedin
D� A Mayor's Office
yor Dat
Comments:
Revised January 15,2009
--le
01 T ZTHE CITY OF FAYETTEVILLE,ARKANSAS ayev 11
DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Terry Gulley, Director of Transportation-i
From: Sharon Waters, Parking and Telecom Manage4ilillilliiiiiii'
Date: November 19, 2010
Subject: An Ordinance to Amend Chapter 72 Parking Regulations of The Fayetteville Code to Change the
Fines for OvertimeParking Violations in the Entertainment District Parking Zone and the
Downtown Parking Zone
PROPOSAL:
City staff is recommends the approval of an ordinance to change the fines for overtime parking violations and
summons fees in the Entertainment District Parking Zone and the Downtown Parking Zone.
RECOMMENDATION•
On June 1, 2010, the City Council amended the amounts to be charged for overtime parking to an escalating
violation amount: $10.00 for the 1St offense, $15.00 for the second offense, and $25.00 for every offense
thereafter. Since then, staff has received numerous complaints about an escalating amount and recommends
settling on a flat fee of$15.00 per violation. This will be less confusing and more acceptable to the public,
reduce the number of related complaints, and alleviate a complicated bookkeeping process for tracking these
tickets.
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 Parking Zones,the recommended violation
amounts follow the general guidelines of this concept.
BUDGET IMPACT:
Revenues generated from the original amendment in June was estimated at $313,975 per year. With this
change,the projected additional revenue will now be $204,083 per year.
ORDINANCE NO.
AN ORDINANCE TO AMEND §72.99 PENALTIES of Chapter 72 PARKING
REGULATIONS TO SET THE FINE FOR OVERTIME PARKING AT $15.00
AND TO LIMIT ISSUING A PARKING CITATION TO ONCE WITHIN A
FOUR HOUR PERIOD
WHEREAS, rather than having an escalating fine for overtime parking tickets within a
year ($10.00 first; $15.00 second, and $25.00 third and thereafter), all parking fines should be
$15.00 if paid before issuance of a summons, citation, or arrest warrant and $40.00 after such
issuance; and
WHEREAS, this penalty provision should be clarified by adding a prohibition of writing
a parking citation more than once within a four hour period to the existing limit of three parking
tickets per day.
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
§72.99 Penalties (B) and (C) by repealing those subsections in their entirety and enacting a
replacement §72.99 Penalties (B) and (C) as shown below:
"(B) The penalty for each violation of§§72.13, 72.57 or 72.58(J) 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.
"(C) Parking citations for overtime parking may not be written for the same
vehicle in the same space more than once every four(4) hour period and not more
than three (3)times per day."
PASSED and APPROVED this 7t'day of December, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE CODE OF ORDINANCES
TITLE VII TRAFFIC CODE
(5) Name,address(including physical address of (E) Company must answer telephone. The towing and
storage lot), and telephone number of towing storage company shall answer every telephone call
and storage firm authorized to tow vehicles for the number displayed upon the Nonconsensual
from this private lot.' Towing Warning Sign during every 12 hour period
immediately after a vehicle has been towed if such
(Ord.5322,6-1-10) vehicle remains in the towing and storage
72.72 Regulations Of Towing And Storage company's possession
Companies (Ord.5322,6-1-10)
(A) Valid licenses required. Any towing and storage 72.73-72.98 Reserved
company operating anywhere in the City of
Fayetteville must be in full compliance with all state 72.99 Penalties
and local license requirements, A.C.A. §27-50-
1101, the Fayetteville Code, and be in good (A) Whoever violates any provision of this chapter for
standing with the Arkansas Towing and Recovery which no specific penalty is otherwise provided
Board. shall be fined as set forth in§10.99.
(B) Allowed charges for nonconsensual towing and (B) The penalty for each violation of§72.13,72.57
storage. Within the Entertainment District Parking or 72.58(J)shall be $10.00, if paid before the
Zone, no Towing and Storage Company may issuance of a summons, citation, or arrest
charge a nonconsensually towed vehicle's warrant; otherwise, the penalty for each
owner/driver more than $60.00 if the vehicle is violation of§72.13,72.57,or 72.58(J)shall be
towed from a 'Paid Parking Lot', $80.00 if the $35.00;provided the penalty for each violation
vehicle is towed from a 'Customers Only' or of §72.13, 72.57, or 72.58(J) for a second
'Residents Only' Parking Lot, and $100.00 if the offense committed within 12 months of the first
�- vehicle is towed from private property not classified offense shall be $15.00 if paid before the
as a 'Paid Parking Lot' or 'Customers Only' or issuance of a summons, citation, or arrest
'Residents Only' Parking Lot. In addition, the warrant; otherwise the penalty for each
towing and storage company may charge up to violation of§72.13,72.57,or 72.58(J)shall be
$10.00 per day for storage beginning twelve hours $40.00;provided the penalty for each violation
after the nonconsensually towed vehicle is placed of §72.13, 72.57, or 72.58(J) for a third or
in the storage lot and available to be reclaimed by subsequent offense committed within 12
its owner or driver. The maximum $100.00 towing months of two previous offenses shall be
fee and $10.00 per day storage fee for a $25.00 if paid before the issuance of a '
nonconsensual tow from private property that is not summons,citation,or arrest warrant;otherwise
police initiated is applicable everywhere within the- the penalty for each violation of§72.13,72.57,
entire city limits. The above fees are the total or 72.58(J)shall be$50.00.
amount that can be charged to the owner/operator.
No administrative, special equipment or other fee (C) Parking citations for overtime parking may not be
can be charged to the owner/operator of the written for the same vehicle in the same space
vehicle. more than three times per day.
(C) Payments by owner/operator for towing and (Ord,5325,6-1-10)
storage charges. The towing and storage company
must accept valid credit and debit cards for
payment of towing and storage fees and may '
accept any other form of payment.
(D) Location of storage yard. The towing and storage
company may not charge mileage or transportation
fees for towing the vehicle to its storage lot which
must either be located within Fayetteville or not
more than eight miles from the place from which
the vehicle was towed.
"� CD72:17
NORTHWEST ARKANSAS
NEWSPAPERS-Lc RECEIVED
Northwest Arkansas Democrat Gazette DEC 3 p 2010
The.Morning News of Springdale
CITY OF FAYETTEVILLE
The Morning News of Rogers CITY CLERKS OFFICE
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 Washington & 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 5370
December 23, 2010
Publication Charge : $ 7wit
1..33
g
Si ned:
-------- -------------
Subscribed and sworn to before me
This'aq day of ) 2010.
Notary Public
My Commission Expires:
Do not pay from Affidavit, an invoice will be sent
EC EIVE
DEC 3 p 2010
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
ORDINANCE NO,5370
�1N ORDINANCE TO AMEND§72 99 PENALTIES OF
CHAPTER 72 PARKING REGULi , $1 TO SET
THE FINE FOR OVERTIME PARKING AT$15 00 AND
TOtJMff ISSUING A PARKING CITATION TO ONCE
!�PTHN A OUR HOUR PERIOD Air As
WHEREAS rather than hav ng an escalating fine for
oyeftime parking tickets within a year($10.00 first;
5 DO;second antl$25,00 third and thereafter) all parking fines shotitd be$15 OO If paid
before issuance p a summons,citation orarrest warrant.and$q0 00 after strC )ssuance
tar)d
WHEREAS`;this pspty provision should be,ciar�fied by adding a proh)bit�on ofrJttng a'
par)tlhg citation mare than once within a four hour penbd,to the existing Jkmtt of threQ parking
tickets per day. ,
NOW,,,TNEREFORE,BE IT ORDAINEA BY�THE�CI7Y�COUNCILQF THE CIf OF
FWVOTEVILLE ARKANSAS
�Spctien 1.That the City Council of the City of Fayetteville,Arkansas hereriXerrignds§72 99
Penal2jes(B)antl(C)by repealing those subii,6 6 sin their entirety anderla6 py areplace
menu§72.99 Peijalties(B)and(C)as shownbe)ow.r
"(B)The penalty for each violation of.§§72.13,;72W or 72 58(J)s
Pehall be$q5 00 if paid,
1 efothe issuancofa�summons,citation or arrest w2rrant,otherwise the penaity:forQach
solation of§§72;,& 72.
72:57 or 48(J)shall be$40 00.
u{C)ParWng citations for overtime"pafkng may_not.be written for the came ehl�e m tha'
same spacemore than''once every.tour(4)hour period and not more Than three{3)time
der day
E PASSED and APPROtIED this 7thday of December 2010:
_PPROVEDi ATTEST J.
�' Di Mayor SON4RA E SMITH City CI@rk/Treastu