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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 i i >.a.,...e....�..�.,.�....... ted. W�.��.��r .�..,�.�.. --� 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 L 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.