HomeMy WebLinkAboutOrdinance 5407 ORDINANCE NO. 5407
AN ORDINANCE TO AMEND §72.58 OFF-STREET PARKING
FACILITIES; RULES AND RATES (K) TO EXPLICITLY PROHIBIT A
DRIVER DRIVING AROUND OR IMPROPERLY THROUGH A GATED
PARKING LOT EXIT
WHEREAS, some drivers have attempted to avoid paying for their parking in a gated
city parking lot by driving through the gate before it can lower or driving around the gate which
can be destructive to landscaping and dangerous to the driver,pedestrians and other drivers; and
WHEREAS, this should be an explicit violation of the City Parking.
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
§72.58(K)by changing its title and enacting a new(3) as follows:
"(K) One-way traffic and improperly driving through or around gates on
city parking lots.
"(3) No driver may attempt to leave a gated city parking lot without
paying the amount of parking fees due pursuant to subsections (G) or(H)
by driving around the gate, by improperly driving through a gated entry
or exit or by damaging or improperly manipulating any part of the gate."
pey,FaY ��res "r,
IX
PASSED and APPROVED this 3`d day of May, 2011. `��� �'
FAYETfEVILLE'
APPROVED: ATTEST:
QBy: By: ,
N LD JO , Mayor SOND E. SMITH, City Clerk/Treasurer
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
§x'2011
City Council Meeting Date
Agenda Items Only
Chief Greg Tabor Police Police
Submitted By Division Department
Action Required:
Council approve amendment to Fayetteville City Parking Ordinance Chapter 72.58(K) by changing its title and
enacting a new (3). This amendment would add verbiage to address person(s) removing any motor vehicle from a
municipal parking lot without first paying the fees due the city for the period of time the vehicle was parked in the lot.
N/A $
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution#
Department 6ir Date
Original Contract Date:
-!' x t Original Contract Number:
City Attorney Date
Received in City 04-1 3_.1. 1 PO4:54 cv
Clerk's Office
Fina a and Internal Se ice i ;or Date12
1`",�•
-/,V d Received in 9
`fly' Mayor's Office /� §
Mayor Da
Comments:
Revised April 16,2007
•
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1THE CITY OF FAYETTEVILLE,ARKANSAS
1 DEPARTMENT CORRESPONDENCE
ARKANSAS
www.accessfayetteville.org
CITY COUNCIL AGENDA MEMO
To: Mayor Lioneld Jordan and members of the City Council
From: Chief of Police Greg Tabor`zk�
Date: March 8, 2011
Subject: Amendment of Fayetteville Code of Ordinances,
Title VII Traffic Code, Chapter 72: Parking Regulations
PROPOSAL:
City Council amends Fayetteville Code of Ordinances, Title VII Traffic Code, Chapter 72: Parking
Regulations, to provide the Police Department with an enforcement option to address person(s)removing any
motor vehicle from a municipal parking lot without first paying the fees due the city for the period of time the
vehicle was parked in the lot. Currently, there is not an option within our Parking Regulations ordinances that
addresses this issue causing enforcement to be taken through Arkansas State criminal offenses, which may be
considered harsh or excessive given the infraction.
RECOMMENDATION:
Staff recommends approval of amending Chapter 72.58(K)by changing its title and enacting a new (3)
as follows:
"(K) One-way traffic and improperly driving through or around gates on city parking lots."
"(3)No driver may attempt to leave a gated city parking lot without paying the amount of parking fees
due pursuant to subsections (G) or(H)by driving around the gate,by improperly driving through a gated
entry or exit, or by damaging or improperly manipulating any part of the gate."
BUDGET IMPACT:
There would be no budget impact in this amendment.
i
�44 ATL
CVIM--�-'
Departmental Correspondence
.Fay
• s
DEPARTMENT
Kit Williams
Qy Attoraey i
TO: or Ma Jordan Jason B.Kelley �
Mayor Assistant 00,Attorney l
Don Marr, Chief of Staff
Casey Jones, Prosecuting Attorney
FROM: Kit Williams, City Attorney
DATE: January 14, 20X1.
RE: Ordinance to explicitly prohibit drivers attempting to avoid paying
parldug fees by driving around or bypassing the city parking lot gate
The City Prosecutor has recommended that his office be authorized another
pool to enforce lawful behavior of drivers who owe for paid parking in a gated city
parking lot. Driving around a parking gate or speeding through a gate opened by
another driver who properly paid for his parking can be dangerous to citizens and
destructive of city property. Although the state charge of Theft of Services can be
applied, it would be helpful to have a city ordinance that expressly makes this a
violation.
Attached is a draft of a proposed new subsection which would make driving
around or improperly through a gate a violation of the ordinance.
ORDINANCE NO.
AN ORDINANCE TO AMEND §72.58 OFF-STREET PARKING
FACILITIES; RULES AND RATES (K) TO EXPLICITLY PROHIBIT A
DRIVER DRIVING AROUND OR IMPROPERLY THROUGH A GATED
PARKING LOT EXIT
WHEREAS, some drivers have attempted to avoid paying for their parking in a gated
city parking lot by driving through the gate before it can lower or driving around the gate which
can be destructive to landscaping and dangerous to the driver, pedestrians and other drivers; and
WHEREAS,this should be an explicit violation of the City Parking.
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
§72.58(K)by changing its title and enacting a new(3) as follows:
"(K) One-way traffic and improperly driving through or around gates on
city parking lots.
"(3) No driver may attempt to leave a gated city parking lot without
paying the amount of parking fees due pursuant to subsections (G) or (H)
by driving around the gate, by improperly driving through a gated entry
or exit or by damaging or improperly manipulating any part of the gate."
PASSED and APPROVED this 3 d day of May, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
G
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FAYETTEVILLE CODE OF ORDINANCES
TITLE VII TRAFFIC CODE
parking rate. shall cause to be erected signs temporarily
designating lanes to be used by traffic moving
(1) Rates for parking in city parking garages. in a particular direction, regardless of the
centerline of the roadway.
(1) City parking garage on Meadow Street:
(2) When signs indicating the direction of traffic
(a) First level(covered),$50.00 per space/per are erected and maintained in accord with
month, or not more than$4.00 per visit if subsection (1) above, vehicular traffic shall
entry not restricted. move only in the indicated direction, and it
shall be unlawful for any person to operate any
(b) Second level (covered), $50.00 per vehicle in violation of the markings, signs,
space/per month barriers,or other devices placed in accordance
(c) Third level (not covered), $30.00 per with subsection(1)above.
space/per month,or not more than$3.00 (L) Immobilization of illegally parked motor vehicle.
per visit if entry not restricted.
(1) Immobilization authorized. Employees of the
(2) Parking garages built or purchased after traffic division and officers of the police
January 1, 2000, including the Town Center, department are hereby authorized to
shall be rented at a market rate not to exceed temporarily immobilize any vehicle which is
a uniform fee of$70.00 per month/per space. parked in violation of any provision of this
` chapter and whose owner has been cited for
(3) It shall be unlawful for any person to cause, >/W violating these parking regulations at least
allow,permit or suffer any vehicle operated by twice in the preceding thirty days or has
him or registered in his name to be parked in Ski outstanding fines and costs from previous
any city parking garage without paying the parking violations due and owing.
parking fees prescribed above. ��
l (2) Post-deprivation hearing. When any vehicle is
(J) Overtime parking. / immobilized under the proWisions of this
section, the owner or operator shall have the
(1) If any vehicle remains parked in any right to a post-deprivation administrative
metered parking space or within a hearing by filing a written request for such a
paid parking lot beyond the period hearing with the mayor.
paid for such parking, the owner or
operator of such vehicle shall be (3) Conduct of hearing.
guilty of overtime parking and be
subject to the punishment specified (a) A hearing shall be conducted before a
in§72.99• hearing officer designated by the mayor
and shall be held within 24 hours from
(2) It is unlawful for any person to cause,allow or receipt of a written demand therefor,
permit any vehicle owned or operated by said unless the right to a speedy hearing is
person to be parked in a gated city lot waived in writing. Saturdays, Sundays,
for more than 24 continuous hours. Any such and city holidays are to be excluded from
illegally parked vehicle is subject to the calculating said 24-hour period. The
provisions of §72.99 and to nonconsensual hearing officer shall not be the person
towing at the owner's expense who shall have who directed the impounding and storage
post-deprivation hearing rights as set for in of the vehicle. The sole issue before the
� subsection(L). hearing officer shall be whether there was probable cause to immobilize the vehicle
A(K) One-way traffic. in question.
(1) The mayor is hereby authorized to determine (b) The hearing officer shall conduct the
and designate specific lanes upon the real hearing in an informal manner and shall
estate described in subsection(A)above upon not be bound by technical rules of
which vehicular traffic shall proceed in one evidence. The person demanding the
direction only and shall cause to be placed hearing shall carry the burden of
appropriate markings,signs,barriers,or other establishing that such person has the right
devices to give notice thereof. The mayor to possession of the vehicle. The city
CD72:14
NORTHWEST ARKANSAS
NEWSPAPERSw
Northwest Arkansas Democrat Gazette
The Morning News of Springdale
The Morning News of Rogers
Northwest Arkansas Times RECEIVED
Benton County Daily Record MAY 2 5 2011
212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702
PHONE: 479-571-6421 CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
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 5407
ORDINANCE NO.$407
AN ORDINANCE 70 AMEND§72.58 OFF-STREET ��
FARICIN[i FACILITIES:RULES AND RATERr O TO
ND /A QZ r
Published May 19, 2011 hJCPLIGdTLY PROHI$IT A t7RNiwH OPINING AROUND Y GG G{T�
OR Imiannigt-y THROMI A CRATE. PARKIN. ARKAtiAAS
LOT E".
WHERM&A=ymH drKws Bove atleMpted to avodd
Publication Charge $ 64.85 Wft for III&NodN in a pled city pexWng lot by.drhnrig ft"h the gate befnra it can
taunt rxdrmng erWnd[tie gate whldt CaD be dcst=Wa to land$08069 WA da:XOW So
tha drrva,,powrians a.W other drivers;anct
ff'' WHEREAS,this-Wxxild be an aX0Cit vl0MDF1 of the City Padctrig
Signed: � V� ____—____– ATHEREFORE.BE IT ORDAINED 9Y THE CITY COUNCIL OF THE GYEY OF
Seatlan 1.That the city Cour"01.the City,of FayettwiVe, Aftrmas hsretry umands
§72.6944 W dwoT tta tlda.and&-*G Utg a n@w(3)as fok—:
C7na way 7reff;c-&W GnR qXW drnft through or wound 9efss on Cgy OW"kitt
Subscribed and sworn to before me +`3 No WAY iqaygttempllet IMIPagated city JWI(hV62tWlthUP309=hagin"t°'
"Nn9 feea.dua.pwV-oil to subsWione,I:�Of 0)bYd"aratrr,d the 9ata,Dy k"Properly
This �1 d ay of 4D,/ 2 011 . ttxoMh a(pled entryor a>dt a by damaging or ifnp uwly rnziputaling any part of
the gate.'
PASSED and APPROVED this 3rd day of May,2011.
APPROVED: ATTEST:
w- By:
LIONELD JORDAN,Mayor SONDRA E.SMITH,City GerWTreasurer
Notary Public –Aink _
My Commission Expires: I�Ido
Do not pay from Affidavit, an invoice will`be sent-