HomeMy WebLinkAboutOrdinance 5764ORDINANCE NO. 5764
AN ORDINANCE TO ENACT § 72.19 PARKING BLOCKING A MAILBOX
PROHIBITED
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 enacts § 72.19
Parking Blocking A Mailbox Prohibited as shown below:
"(A) A person may not park his or her vehicle on a city street in front of and blocking a mailbox
from 8:00 a.m. until 5:00 p.m., Monday through Saturday. This prohibition of parking shall not
be applicable or enforced on any day that USPS does not deliver mail such as all Federal
Holidays.
(B) The penalty for a violation of this section shall be as set forth in § 72.99 (B)."
PASSED and APPROVED this 5th day of May, 2015.
ATTEST:
By: A &, r ft'c-&
SONDRA E. SMITH, City Clerk Treasurer
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2015-0180
Agenda Date: 5/5/2015 Version: 1 Status: Passed
In Control: City Council File Type: Ordinance
Agenda Number: B. 2
ENACT § 72.19 PARKING BLOCKING A MAILBOX PROHIBITED
AN ORDINANCE TO ENACT § 72.19 PARKING BLOCKING A MAILBOX PROHIBITED
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 enacts § 72.19 Parking
Blocking A Mailbox Prohibited as shown below:
"(A) A person may not park his or her vehicle on a city street in front of and blocking a mailbox from
8:00 a.m. until 5:00 p.m., Monday through Saturday. This prohibition of parking shall not be applicable
or enforced on any day that USPS does not deliver mail such as all Federal Holidays.
(B) The penalty for a violation of this section shall be as set forth in § 72.99 (B)."
City of Fayetteville, Arkansas Page 1 Printed on 51612015
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
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(479) 575-8323
„. Text File
File Number: 2015-0180
Agenda Date: 4/21/2015 Version: 1 Status: First Reading
In Control: City Council File Type: Ordinance
Agenda Number: B. 2
AMEND § 72.03 PARKING PROHIBITED IN CERTAIN PLACES
AN ORDINANCE TO AMEND § 72.03 PARKING PROHIBITED IN CERTAIN PLACES OF
THE FAYETTEVILLE CODE BY ENACTING A NEW SUBSECTION TO PROHIBIT PARKING
ON A CITY STREET IN FRONT OF AND BLOCKING A MAILBOX
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 § 72.03 Parking
Prohibited in Certain Places of the Fayetteville Code by enacting a new subsection (0) as shown
below:
"(0) On a city street in front of and blocking a mailbox from 8:00 a.m. until 5:00 p.m., Monday through
Saturday. This prohibition of parking shall not be applicable or enforced on any day that USPS does not
deliver mail such as all Federal Holidays.”
City of Fayetteville, Arkansas Page 1 Printed on 411412015
Legistar ID No
AGENDA REQUEST FORM
FOR: Council Meeting of April 7, 2015
FROM:
City Council Member Alan Long
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
c2o(S - c> 180
AN ORDINANCE TO AMEND § 72.03 PARKING PROHIBITED IN CERTAIN
PLACES OF THE FAYETTEVILLE CODE BY ENACTING A NEW
SUBSECTION TO PROHIBIT PARKING ON A CITY STREET IN FRONT OF OR
BLOCKING A MAILBOX
APPROVED FOR AGENDA:
City GaWil;�ber Alan Long
City Attorney Kit Williams
(as to form)
Date
Date
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Williams, Kit
From: Longward4@gmail.com <longward4@gmail.com>
Sent: Friday, March 27, 2015 5:24 PM
To: Williams, Kit
Cc: Tabor, Greg
Subject: Fwd: Ordinance for blocking mailboxes
Can you please draft an ordinance making it illegal?
Sincerely,
Alan T Long
City of Fayetteville, AR
City Council Member -ward 4
Longward4(2gmail.com
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Pat
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City Council Par8a
FROM: Kit Williams, City Attorney -
DATE: March 31, 2015
RE: Proposed ordinance to prohibit parking on a city street in front of
and blocking a mailbox by Alderman Alan Long
Attached please find Alderman Long's email requesting that I draft
an ordinance to prohibit parking in front of and blocking mailboxes. Also
attached is a proposed ordinance that would do so by adding a new
subsection (0) to § 72.03 Parking Prohibited In Certain Places.
The Post Office may not deliver mail if a mailbox is blocked which
can be a real problem if bills and other important mail are delayed.. Please
note that there may be some streets in Fayetteville which have so many
mailboxes and private driveways that this ordinance would effectively
prohibit almost all street parking from 8:00 a.m. until 5:00 p.m. Monday
through Saturday.
1
ORDINANCE NO.
AN ORDINANCE TO AMEND § 72.03 PARKING PROHIBITED IN
CERTAIN PLACES OF THE FAYETTEVILLE CODE BY ENACTING A
NEW SUBSECTION TO PROHIBIT PARKING ON A CITY STREET IN
FRONT OF AND BLOCKING A MAILBOX
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 §
72.03 Parking Prohibited in Certain Places of the Fayetteville Code by enacting a new
subsection (O) as shown below:
"(O) On a city street in front of and blocking a mailbox from 8:00 a.m. until 5:00
p.m., Monday through Saturday."
PASSED and APPROVED this 7th day of April, 2015.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
col
FAYETTEVILLE CODE OF ORDINANCES
TITLE VII TRAFFIC CODE
vehicle, the date, time and place from which
removed, the reasons for such removal, the name
of the garage or place where the vehicle is stored.
(D) The owner or lessee of any vehicle towed or
impounded pursuant to this section is entitled to a
prompt post -deprivation hearing and all rights there
under as provided in §72.58(L). The owner or
lessee of any vehicle properly towed pursuant to
this section shall be required to pay the towing and
storage costs.
(Code 1965, §19-140; Ord. No. 1447,6-7-65; Ord. No. 2630, 5-
6-80, Code 1991, §72.02; Ord. No. 4388, §a, 4-16-02; Ord.
5326, 6-1-10)
(Ord. No. 4388, §1, 4-16-02)
Cross reference --Penalty, §72.99.
72.03 Parking Prohibited In Certain
Places
No person shall stop, stand or park a vehicle, except
when necessary to avoid conflict with other traffic or in
compliance with the directions of a police officer or
traffic -control device, in any of the following places:
(A) On a sidewalk.
(B) In front of a public or private driveway.
(C) Within an intersection.
(D) On a crosswalk.
(E) Within 15 feet of a fire hydrant.
(F) Within 20 feet of a crosswalk at an intersection.
(G) Within 30 feet upon the approach to any flashing
beacon, stop sign or traffic control signals located
at the side of a roadway.
(H) Between a safety zone and the adjacent curb or
within 30 feet of points of the curb immediately
opposite the ends of a safety zone, unless a
different length is indicated by signs or markings.
(I) Within 50 feet of the nearest rail of a railroad
crossing.
(J) Within 20 feet of the driveway entrance to any fire
station and, on the side of the street opposite the
entrance to any fire station, within 75 feet of said
entrance, when properly signposted.
(K) Alongside or opposite any street excavation
obstruction when such stopping, standing o
parking would obstruct traffic.
(L) On the roadway side of any vehicle stopped or
parked at the edge of a curb or street.
(M) Upon any bridge or other elevated structure upon a
highway or within a highway tunnel.
(N) At any place where official signs prohibit stoppin
(Code 1965, §19-110; Ord. No. 1447, 6-7-65; Code 1991,
§72.03)
Cross reference(s)--Penalty, §72.99.
State law reference(s)--Restrictions on stopping,
standing, or parking generally, A.C.A. §27-51-1301; Stopping,
standing, or parking prohibited in specified places, A.C.A. §27-
51-1302; Stopping, standing, or parking outside of business or
residence district, A.C.A. §27-51-1303.
72.04 Unattended Vehicles
No person driving or in charge of a motor vehicle shall
permit it to stand unattended without first stopping the
engine, locking the ignition and removing the key or,
when standing upon any perceptible grade, without
effectively setting the brake thereon and turning the
front wheels to the curb or side of the highway.
(Code 1965, §19-109; Ord. No. 1447, 6-7-65; Code 1991,
§72.04)
Cross reference(s)--Penalty, §72.99.
State law reference(s)--Unattended motor vehicles,
A.C.A. §27-51-1306.
72.05 Starting A Stopped Vehicle
No person shall start a vehicle which is stopped,
standing or parked unless and until such movement can
be made with reasonable safety.
(Code 1965, §19-112; Ord. No. 1447, 6-7-65; Code 1991,
§72.05)
Cross reference(s)--Penalty, §72.99.
State law reference(s)--Starting of vehicles, A.C.A. §27-
51-1308.
72.06 Method Of Parking
Pursuant to A.C.A. §27-51-1301, a vehicle parked on
any street in the city shall be parked on the right-hand
side of the street, headed in the direction of traffic with
its right-hand wheels parallel to and within 18 inches of
the curb, except where streets have been marked for
angle parking, and except that, on one-way streets,
vehicles may be parked on the left-hand side of the
CD72:4
McCoy, Dee
From: Longward4@gmail.com <Iongward4@gmail.com>
Sent: Tuesday, March 31, 2015 9:10 AM
To: McCoy, Dee; Smith, Sondra; Branson, Lisa
Cc: Williams, Kit
Subject: Walk on related to parking in front of mailboxes
Sondra,
Can you please forward this to the council members as my letter explaining why I am
walking this item on at agenda session? The legislation should be written shortly and I will
come by to sign.
Thank you,
Alan
Council Members,
I am walking this on to the agenda due to the urgent need expressed by my constituents.
Two constituents have now expressed that they are having difficulties getting their mail due
to parking in front of their mailboxes on a continuous basis. This can be very problematic
if they are unable to receive their mail for an extended period of time.
Sincerely,
Alan T Long
City of Fayetteville, AR
City Council Member -ward 4
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McCoy, Dee
From: CityClerk
Sent: Monday, April 20, 2015 7:44 AM
To: Alan Long (Longward4@gmail.com); Pennington, Blake; citycouncil@matthewpetty.org;
Marr, Don; McCoy, Dee; Eads, Gail; Roberts, Gina; Johnson, Kimberly; Williams, Kit;
Branson, Lisa; Broyles, Lana; Jordan, Lioneld; Smith, Lindsley; Smith, Sondra; Gray, Adella;
Marsh, Sarah; Kinion, Mark; Tennant, Justin; Schoppmeyer, Martin; La Tour, John; Long,
Alan
Subject: FW: Proposal to ban parking in front of mailboxes
From: Longward4@gmail.com [mailto:longward4@gmail.com]
Sent: Saturday, April 18, 2015 11:51 AM
To: CityClerk
Subject: Fwd: Proposal to ban parking in front of mailboxes
Can you please forward this to the council?
Sincerely,
Alan
Begin forwarded message:
From: <ncsu92@cox.net>
Date: April 18, 2015 at 9:59:21 AM CDT
To:<ward4�os1@fayetteville-ar.gov>, <longward4 ,gmail.com>
Subject: Proposal to ban parking in front of mailboxes
I wanted to write and voice my full support for Alderman Long's proposal to make it a violation of the city
code to block residents' mailboxes. This is long overdue in my opinion. It is a huge inconvenience if my mail
isn't delivered because someone is blocking my mailbox. Currently, there is no recourse for citizens to take
since the Police don't view this, in my experience, as something to be addressed.
I urge you to pass this proposal promptly.
Jud Hanson
Fayetteville AR
Salem Heights POA Board Member
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L atLLecL btLf oU -2
Dear Council Members,
I am writing this letter in support of the proposed ordinance for prohibiting parking on a city street
which would block a mailbox.
We have three streets in our neighborhood where all of the mailboxes are on one side of the street. If
you park in front of your own mailbox then you park in front of your neighbor's. Even if it's just for a
brief minute, if the postman comes by while the mailbox is blocked he will continue on and you won't
receive your mail until the next day. Most of the time this wouldn't be an issue, but it turns into one if
you're waiting on necessary items such as a check, medicine, or that last minute package that you have
to have before you leave town. In the past year I have received three complaints about mailboxes being
blocked. So far, all of these have been resolved with a visit, but as the person that has to mediate
neighbor disputes, it would be nice to have legal recourse if it ever came to that.
I believe this ordinance would probably be more beneficial for those homeowners that do not have an
HOA/POA or who aren't in a subdivision. This will give them a way to keep their mailbox clear without
having to confront the offender directly.
As a homeowner owner, I know the approximate time my mail is delivered which means I can better
assess if the car/delivery truck/repair truck parked in front of my mailbox will cause my mail delivery to
be delayed. I also know if that same car/delivery truck/repair truck has been disrupting my mail delivery
for more than one day.
Sincerely,
Sarah Harrell
HOA President, Crystal Springs Subdivision
NORTHWEST ARKANSASDemocrat
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P.O. BOX 1607, FAYETTEVILLE, AR, 72702 • 479-442-1700 • FAX: 479-695-1118 - WWW.NWADG.COM
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat Gazette, printed and published in
Washington and Benton County, Arkansas, and of bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ordinance 5764
Was inserted in the Northwest Arkansas Democrat
Gazette on:
May 21, 2015
Publication Charges: 58.37
VVL
Cathy Wiles
Subscribed and sworn to before me
This Z day of Ot),(�, 2015.
�GL1� �rs�tti��P�►rr
Notary Public �`3�' �� ;.
My Commission Expires: ; �,z; ' NOTARY'•:Q�
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