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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