HomeMy WebLinkAboutOrdinance 5611 ORDINANCE NO. 5611
AN ORDINANCE TO AMEND § 72.70 APPLICATION OF THE PARKING
REGULATIONS CHAPTER OF THE FAYETTEVILLE CODE TO EXTEND
THE APPLICATION OF NONCONSENSUAL TOWING REGULATIONS
FOR PRIVATE PAY TO PARK LOTS TO THE DOWNTOWN BUSINESS
DISTRICT PARKING ZONE
WHEREAS, the Wheel Clamp regulations for private pay to park lots should be
applicable in both the Entertainment District Parking Zone and the Downtown Business District
Parking Zone; and
WHEREAS, the nonconsensual towing regulations and its sign requirement should be
extended to the Downtown Business District Parking Zone for private pay to park lots.
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 §
72.70 Application of the Parking Regulations Chapter of the Fayetteville Code by placing all
existing wording in subsection(A) and enacting subsection(B) as shown below:
"(B) Private pay to park lots within the Downtown Business District Parking Zone.
Owners/managers of private pay to park lots within the Downtown Business District Parking
Zone shall follow and obey all requirements set forth in §§ 72.71, 72.72, and 72.73 of the
Parking Regulations Chapter. These regulations do not apply to removal of vehicles from
publically owned or leased property,to police initiated tows,nor to other than private pay to park
lots.
PASSED and APPROVED this 3rd day of September, 2013.
APPROVED: ATTEST:
FAYE(TEVILLE 0
By. By � / ' c�z•. a'�
O ELD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer ANSPOJ.�
A
AGENDA REQUEST
FOR: COUNCIL MEETING OF September 3, 2013
FROM:
CITY COUNCIL MEMBER ALAN LONG
CITY ATTORNEY KIT WILLIAMS
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance to amend § 72.70 Application of the Parking Regulations Chapter
of the Fayetteville Code to extend the application of nonconsensual towing
regulations for private pay to park lots to the Downtown Business District
Parking Zone
APPROVED FOR AGENDA:
- 61— - L e4,r,.f
City 1 mber Alan Long Da
-q ' AVIJ4
City Attorne Kit Williams Date
��TT
a e 1 Departmental Correspondence
ARKANSAS
Kit Williams
City Attorney
Jason B.Kelley
Assistant City Attorney
! le
TO: Mayor Jordan
City Council
FROM: Kit Williams, City Attorney
DATE: August 26, 2013
RE: Extending towing regulations to all pay to park lots within the
Downtown Business District Parking Zone
The Fayetteville City Council Ordinance Review Committee and City
Staff have recommended that the new Wheel Clamp regulation ordinance
be applied not only in the Entertainment District Parking Zone but also to
the Downtown Business Development Parking Zone in an effort to reduce
complaints generated by a pay to park lot in the Downtown Business
District Parking Zone. I have, thus, amended the proposed Wheel Clamp
regulation ordinance.
Because of the extension of the Wheel Clamp regulation ordinance,
the towing regulation ordinance for private pay to park lots should also be
extended to the Downtown Business District Parking Zone so we do not
encourage nonconsensual towing at unregulated (and formerly exorbitant
rates) for a private pay to park lot whose wheel clamp removal fees will be
reduced from $100.00 to $40.00. Accordingly, I have drafted and Chairman
Alan Long of the Ordinance Review Committee has agreed to sponsor an
amendment to § 72.70 Application of the Parking Regulation Chapter of
the Fayetteville Code to extend the nonconsensual towing regulations for
pay •to •park lots to match the new Wheel Clamp regulations.
ORDINANCE NO.
AN ORDINANCE TO AMEND § 72.70 APPLICATION OF THE PARKING
REGULATIONS CHAPTER OF THE FAYETTEVILLE CODE TO EXTEND
THE APPLICATION OF NONCONSENSUAL TOWING REGULATIONS
FOR PRIVATE PAY TO PARK LOTS TO THE DOWNTOWN BUSINESS
DISTRICT PARKING ZONE
WHEREAS, the Wheel Clamp regulations for private pay to park lots should be
applicable in both the Entertainment District Parking Zone and the Downtown Business District
Parking Zone; and
WHEREAS, the nonconsensual towing regulations and its sign requirement should be
extended to the Downtown Business District Parking Zone for private pay to park lots.
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 §
72.70 Application of the Parking Regulations Chapter of the Fayetteville Code by placing all
existing wording in subsection(A) and enacting subsection(B) as shown below:
"(B) Private pay to park lots within the Downtown Business District Parking
Zone. Owners/managers of private pay to park lots within the Downtown
Business District Parking Zone shall follow and obey all requirements set forth in
§§ 72.71, 72.72, and 72.73 of the Parking Regulations Chapter. These
regulations do not apply to removal of vehicles from publically owned or leased
property,to police initiated tows, nor to other than private pay to park lots.
PASSED and APPROVED this 3rd day of September, 2013.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
G rrc h4o
II
FAYETTEVILLE CODE OF ORDINANCES
TITLE VII TRAFFIC CODE
issued to park in any valid paid parking space 72,70 Application
in the District, without the requirement of
paying any pay station or meter.
` These nonconsensual towing regulations shall apply
(2) The annual parking pass shall not be valid for J within the Entertainment District Parking Zone shown on
parking in any public gated lots which require Exhibit A for the nonconsensual towing of a vehicle
payment upon exit. subject to registration under the laws of Arkansas if it is
found abandoned, parked without the consent of t'he
(3) The annual parking pass shall not be valid for property owner or the owners'agent,parked in violation
parking in any residential parking zone. of the time period or location agreed to by the owner:or
owner's agent, or for whatever reason the owner l'or
(4) The annual parking pass shall not guarantee a owner's agent believes a vehicle, which is not the
parking space to a vehicle with an annual property of the owner or owner's agent, should be
parking pass. towed. These regulations do not apply to removal;of
vehicles from publicly owned or leased property, nor to
(5) The annual parking pass shall not be valid for police initiated tows. The sign requirements do not
any parking space marked as"No Parking". apply to residential driveways or parking lots designed
for four or fewer vehicles. These regulations shall apply
(6) The annual parking pass shall visible from the city-vide where indicated in§72.72,
exterior of the vehicle while it is parked in the (Ord.5322,6-1-10)
District, and it shall display an identifying
number.
(B) Issuance,Transfer&Costs APO J\
i
(1) An annual parking pass, valid from August is'
through July 31st the following year and issued
pursuant to this section, shall cost $600.00.
The total cost shall be reduced if purchased
after August 15` but before June 15' the
following year by an amount equal to the total
annual cost divided by the total number of
days remaining before the next August 15'
Any annual parking pass purchased on or after
June 1s' shall only become valid on the
following August 15.
(2) An annual parking pass is vehicle specific in
that it shall be tied to only one vehicle license
plate number,and not to any particular person.
i
(3) An annual parking pass may be transferred to
another vehicle upon payment of a $25.00
processing fee.
i
(4) No refunds shall be issued for any annual
parking pass.
(Ord.5371,12-7-10)
72.60-72.69 Reserved
ARTICLE IV
NONCONSENSUAL TOWING
REGULATIONS
CD72:16
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NORTHWEST ARKANSAS DEMOCRAT-GAZETTE
NORTHWEST ARKANSAS THE MORNING NEWS OF SPRINGDALE
THE MORNING NEWS OF ROGERS RECEIv EC
SPAPE16LLC NORTHWEST ARKANSAS TIMES SEP 9013
BENTON COUNTY DAILY RECORD01:FAYETTeviLLE
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212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607,72702 1479-442-1700 ( WWW.NWANEWS.COM Cts r(&ilk s OFHCE
AFFIDAVIT OF PUBLICATION
I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of-
City of Fayetteville-
Ordinance 5611
ORDINANCE NO. 561:1
Was inserted in the Regular Editions on: AN: ORDINPACE. TO AMEND § 72.70,
g APPLICATIONOFTHEPARKINGREGULATIONS P PP
September 12, 2013 CHAPTER OF THE FAYETTEVIL LE CODE
TO : EXTEND THE '"APPLICATION OF
NONCONSENSUAL TOWING=REGULATIONS nnKnrrsns s
FOR PRIVATE PAY TO PARK LOTS TO THE DOWNTOWN;BUSINESS:'DISTRICT
PARKING ZONE ,
Publication Charges: $ 90.79 WHEREAS the Wheel Glamp regulations for private pay to park lots-should be
g applicable in`both'the Entertaininerif District Pa[king Zone acid fhe'Douvntown`
Business District.Parking Zone;and
WHEREAS,the nonconsensual towing regulations and its sign requirement should
be extended to the Downtown Business District Parking�Zone for private,payfo` .1
park,lots
NOW;THEREFORE;BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OFFAYE F1 EVILLE,ARIFANSAS.
Section I hat;the City Council of;the Cty'of,Fayetteville /4rkansas hereby
HOl Andrews amends§72 70 Application of the Parking Regulations Chapter of the Fayetteville
Code tiy�placing a(I existing;w6rdmg inr subsection(A)and�enactin'g'subsection
(B)as shown belov
(B) P, v-t k pay to park lots withinthe Downtown Business District Parking Zone.
Owners/managers`of private pay to,park lots within the boWntcWh,Business
Subscribed and sworn t0 before me District Parking"Zone shall follow'and°obey ail requirements set forth in§§72.71,
72,-T,2asd 72.73 of the Parking Regulations Chapter. These regulations do not
This ((A day of , 2013. apply to removal of vehicles from publioally owned or leased property,to police
initiated�tows nor to other than�private pay to,,park rlots
PA
SSEDandAP.PROVED this 3rd day,of Septe`rntier 2013.
fj APPROVED ATTEST:
By: By
LIONELD JORDAN;Mayor SONDRA E.SMITH„City Clerk/Treasurer
Notary Public i
My Commission Expires:
v hCS
� i3P.n10n Counly
Commission Expife
20
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.