HomeMy WebLinkAboutOrdinance 5598ORDINANCE NO. 5598
AN ORDINANCE TO AMEND SEVERAL SECTIONS OF CHAPTER 72
PARKING REGULATIONS OF THE CODE OF FAYETTEVILLE TO
CLARIFY PARKING DISTRICTS, ENFORCEMENT TIMES AND FINES
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 repeals §
72.15 in its entirety and enacts a replacement § 72.15 as follows:
"Parking Restrictions On City Streets In General and For Large Trucks, Tractors
and Trailers and Non Emergency Repairs.
(A) All Vehicles. No person shall park a vehicle at the same location on a city street
for longer than fourteen consecutive days, nor park any vehicle requiring a license plate without
its valid and current license plate properly affixed thereto.
(B) Large vehicles. No person shall park a truck, tractor or trailer with a capacity of
over one ton, or the chassis thereof, on any street between the hours of 12:00 midnight and 6:00
a.m.
(C) Nonemergency repairs. No person shall use any street for the purpose of
repairing or reconditioning any vehicle or trailer, except when such repairs shall be necessitated
by an emergency."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby repeals §
72.16 in its entirety and enacts a replacement § 72.16 as follows:
"Parking Prohibited Within Fire Lanes.
It shall be unlawful for any person to park any motor vehicle or motorcycle within a
designated fire lane. The police department shall not be required to patrol any fire lane at
Northwest Arkansas Mall, but upon being called, police officers shall come to the scene of an
alleged violation and may issue a citation or arrest the offender, if the offense is committed or is
in existence in the presence of the officer."
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends §
72.18 (B) Definitions by deleting "of the Transportation Department of the City of Fayetteville"
from the definition of "Residential parking permit' after "Parking Division".
Entertainment District Pay Parking Area
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Amend Chapter 72
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Date: 5/9/2013 Document Path: G:\GIS2\Projects\2013\Parking—Proposed change 20110225UNap\Parking DiaWcts_Proposed_DT_business.mxd S
Page 2
Ordinance No. 5598
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§72.18 (F) in its entirely and enacts a replacement §72.18(F) as follows:
"Mixed use on -street parking on Spring Street and School Avenue. On street parking
spaces on Spring Street from Block Avenue to West Avenue and on School Avenue from Center
Street to Spring Street shall be available to the public for paid parking and to residents of the
Entertainment District Parking Zone South for properly permitted vehicles free of charge."
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§72.18(G) in its entirety and enacts a replacement §72.18(G) as follows:
"Free public use of paid on -street parking. From 2:00 AM until 2:00 PM every
day, all on -street paid parking spaces within the Entertainment District Parking Zone shall be
free of charge and available to the public."
Section 6. That the City Council of the City of Fayetteville, Arkansas hereby amends
§72.31 Restricted Use of Passenger and Freight Curb Loading Zones (B) by changing the
minute limitation period from 30 to 15 minutes and enacting a final sentence as follows: "During
the entire time that a driver is parked and loading or unloading materials, the driver must turn on
the vehicle's emergency flashers."
Section 7. That the City Council of the City of Fayetteville, Arkansas hereby enacts a
new definition into §72.50 Definitions as follows:
"Downtown Business District Parking Zone. The area depicted on the map and
described on Exhibit B attached to this enacting ordinance."
Section 8. That the City Council of the City of Fayetteville, Arkansas hereby amends
§72.57 (E) Regulated hours for parking meters by repealing it in its entirety and enacting a
replacement §72.57(E) as follows:
"(E) Regulated hours for parking meters.
(1) Within the Entertainment District Parking Zone between the hours of 2:00 PM until
2:00 AM every day, the owner or driver of a vehicle upon parking the vehicle in a parking meter
space shall immediately deposit into the parking meter or electronic payment station sufficient
money or other authorized payment as required in §72.58(H).
(2) Within the Downtown Business District Parking Zone between the hours of 8:00 AM
until 6:00 PM from Monday through Friday (except City holidays), the owner or driver of a
vehicle upon parking the vehicle in a parking meter space shall immediately deposit into the
parking meter sufficient money as required in §72.58(G)."
Page 3
Ordinance No. 5598
Section 9. That the City Council of the City of Fayetteville, Arkansas herby amends
§72.58 Off -Street Parking Facilities; Rules and Rates (A) & (D) by inserting: "within the
Downtown Business District Parking Zone" at the end of the first sentence of (A) and at the end
of the title of (D).
Section 10. That the City Council of the City of Fayetteville, Arkansas hereby amends
§72.58 (G) by repealing its title and subsection (5) and enacting a new title as follows: "City
parking lots and parking meters within the Downtown Business District Parking Zone," and by
repealing the reference to "outside the Entertainment District Parking Zone" from the first
sentence of (G).
Section 11. That the City Council of the City of Fayetteville, Arkansas hereby removes
the current Exhibit A from this Chapter and enacts the attached Exhibit A and Exhibit B to be
placed at the end of this Chapter.
Section 12. That the City Council of the City of Fayetteville, Arkansas hereby amends
§72.99 Penalties by adding §§72.04, 72.06, 72.08, 72.10, 72.12 and 72.13 to subsection (B); and
by enacting a new subsection (C) {and moving the current (C) to (D)) as follows:
"(C) The penalty for each violation of §§72.03, 72.09, 72.11, 72.15, 72.18, 72.30, 72.31,
72.32 and 72.33 shall be $70.00 if paid before the issuance of a summons, citation or arrest
warrant, otherwise the penalty shall be $95.00 after such issuance."
Section 13 . That the City Council of the City of Fayetteville, Arkansas hereby further
amends §72.99 Penalties by enacting a new subsection (E) as follows:
"(E) The Parking Manager may reduce the amount of fine assessed for good cause
shown by the driver/operator prior to forwarding the ticket to the City Prosecutor's Office."
PASSED and APPROVED this 2nd day of July, 2013.
APPROVED:
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
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City of Fayetteville Staff Review Form
Z7 City Council Agenda Items
and
Contracts, Leases or Agreements
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City Council Meeting Date
Agenda Items Only
Sharon Waters Parking Management
Submitted By Division
Utilitiies
Action rte uirea:
of Amendments to Chapter 72 Parking Regulations to Clarify and Correct
Cost of this request
Account Number
Project Number
Budgeted Item
-/L-V
.AU.
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached L`J
Department
Within the Code.
Parking Management
Program Category / Project Name
Parking Management
Program / Project Category Name
Parking Fund
Fund Name
(�a
1 (3 Previous Ordinance or Resolution #
(late
Original Contract Date:
Original Contract Number:
Date
Finance and Internal Services Director Date
Chief o€ aff Date
f
Ma or
Received in City
Clerk's Office
EHT EU E#iTi��
Received in I
Mayor's Office �1►r
Revised January 15, 2009
Zay le
�ARKANSASW
CITY COUNCIL AGENDA MEMO
To: Mayor Lioneld Jordan and City Council
Thru: Don Marr, Chief of Staff
David Jurgens, Utilities Director
From: Sharon Waters, Parking & Telecommunications Manager
Date: May 13, 2013
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Subject: Approval of Amendments to Chapter 72 Parking Regulations to Clarify and Correct
Inconsistencies Within the Code
RECOMMENDATION
Staff recommends approval of various Ordinance amendments to Chapter 72 Parking Regulations. There are a few
inconsistencies with the Code that need to be clarified and corrected.
BACKGROUND
With the implementation of the paid parking program in the Entertainment District, along with other programs such as the
Residential Parking Program, the addition of Ila Street in the Entertainment District, etc., there are some minor changes
that need to be made to the Code to ensure it is clear and accurate. We have also updated the Map(s) to reflect these
parking program changes as well.
DISCUSSION
Here is a summary of the main changes/corrections to the ordinances:
➢ Limits a vehicle from being parked on a city street to fourteen consecutive days.
➢ Requires any vehicle parked on a city street to have a current license plate properly affixed.
➢ Changes the weight of a vehicle from 3/4 ton to over one ton that is limited to park on a city street between the
hours of 12:00 midnight and 6:00 a.m.
➢ Prohibits the use of city streets for the purpose of repairing or reconditioning any vehicle or trailer.
➢ Recognizes the ordinance changes enacted in December 2010 that includes N. School Avenue as a part of the
mixed -use parking area.
➢ Recognizes the ordinance changes enacted in December 2010 that allows free parking until 2:00 p.m. in the
Entertainment District Parking Zone.
➢ Changes the duration of time allowed for loading/unloading zones from 30 minutes to 15 minutes.
➢ Requires vehicles loading/unloading to have emergency flashers turned on while parked in loading zone.
➢ Adds the definition of the Downtown Business District Parking Zone.
➢ Recognizes the ordinance changes enacted in December 2010 that requires payment of meter fees starting at 2:00
p.m every day in the Entertainment District Parking Zone.
➢ Replaces all references to "Outside the Entertainment District Parking Zone " with "Within the Downtown
Business District Parking Zone. "
➢ Clearly specifies the penalty/fine for violation of each section of Chapter 72.
➢ Adds the authority for the Parking Manager to reduce the amount of fine assessed for good cause shown.
BUDGET IMPACT
There are no changes to current operational policies. Therefore, there is no budget impact.
ORDINANCE NO.
AN ORDINANCE TO AMEND SEVERAL SECTIONS OF CHAPTER 72
PARKING REGULATIONS OF THE CODE OF FAYETTEVILLE TO
CLARIFY PARKING DISTRICTS, ENFORCEMENT TIMES AND FINES
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
repeals § 72.15 in its entirety and enacts a replacement § 72.15 as follows:
"Parking Restrictions On City Streets In General and For Large Trucks,
Tractors and Trailers and Non Emergency Repairs.
(A) All Vehicles. No person shall park a vehicle at the same location on a city
street for longer than fourteen consecutive days, nor park any vehicle
requiring a license plate without its valid and current license plate
properly affixed thereto.
(B) Large vehicles. No person shall park a truck, tractor or trailer with a
capacity of over one ton, or the chassis thereof, on any street between the
hours of 12:00 midnight and 6:00 a.m.
(C) Nonemergency repairs. No person shall use any street for the purpose of
repairing or reconditioning any vehicle or trailer, except when such
repairs shall be necessitated by an emergency."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby
repeals § 72.16 in its entirety and enacts a replacement § 72.16 as follows:
"Parking Prohibited Within Fire Lanes.
It shall be unlawful for any person to park any motor vehicle or motorcycle
within a designated fire lane. The police department shall not be required to
patrol any fire lane at Northwest Arkansas Mall, but upon being called, police
officers shall come to the scene of an alleged violation and may issue a citation or
arrest the offender, if the offense is committed or is in existence in the presence of
the officer."
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby
amends § 72.18 (B) Definitions by deleting "of the Transportation Department of the
City of Fayetteville" from the definition of "Residential parking permit" after "Parking
Division".
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby
repeals §72.18 (F) in its entirely and enacts a replacement §72.18(F) as follows:
"Mixed use on -street parking on Spring Street and School Avenue. On street parking
spaces on Spring Street from Block Avenue to West Avenue and on School Avenue
from Center Street to Spring Street shall be available to the public for paid parking and
to residents of the Entertainment District Parking Zone South for properly permitted
vehicles free of charge."
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby
repeals §72.18(G) in its entirety and enacts a replacement §72.18(G) as follows:
"Free public use of paid on -street parking. From 2:00 AM until 2:00 PM every day,
all on -street paid parking spaces within the Entertainment District Parking Zone shall
be free of charge and available to the public."
Section 6. That the City Council of the City of Fayetteville, Arkansas hereby
amends §72.31 Restricted Use of Passenger and Freight Curb Loading Zones (B) by
changing the minute limitation period from 30 to 15 minutes and enacting a final
sentence as follows: "During the entire time that a driver is parked and loading or
unloading materials, the driver must turn on the vehicle's emergency flashers."
Section 7. That the City Council of the City of Fayetteville, Arkansas hereby
enacts a new definition into §72.50 Definitions as follows:
"Downtown Business District Parking Zone. The area depicted on the map and
described on Exhibit B attached to this enacting ordinance."
Section 8. That the City Council of the City of Fayetteville, Arkansas hereby
amends §72.57 (E) Regulated hours for parking meters by repealing it in its entirety and
enacting a replacement §72.57(E) as follows:
"(E) Regulated hours for parking meters.
(1) Within the Entertainment District Parking Zone between the hours of 2:00
PM until 2:00 AM every day, the owner or driver of a vehicle upon parking
the vehicle in a parking meter space shall immediately deposit into the
parking meter or electronic payment station sufficient money or other
authorized payment as required in §72.58(H).
(2) Within the Downtown Business District Parking Zone between the hours of
8:00 AM until 6:00 PM from Monday through Friday (except City holidays),
the owner or driver of a vehicle upon parking the vehicle in a parking meter
space shall immediately deposit into the parking meter sufficient money as
required in §72.58(G)."
Section 9. That the City Council of the City of Fayetteville, Arkansas herby
amends §72.58 Off -Street Parking Facilities; Rules and Rates (A) & (D) by inserting:
"within the Downtown Business District Parking Zone" at the end of the first sentence
of (A) and at the end of the title of (D).
Section 10. That the City Council of the City of Fayetteville, Arkansas hereby
amends §72.58 (G) by repealing its title and subsection (5) and enacting a new title as
follows: "City parking lots and parking meters zvithin the Dozvntozvn Business District
Parking Zone," and by repealing the reference to "outside the Entertainment District
Parking Zone" from the first sentence of (G).
Section 11. That the City Council of the City of Fayetteville, Arkansas hereby
removes the current Exhibit A from this Chapter and enacts the attached Exhibit A and
Exhibit B to be placed at the end of this Chapter.
Section 12. That the City Council of the City of Fayetteville, Arkansas hereby
amends §72.99 Penalties by adding §§72.04, 72.06, 72.08, 72.10, 72.12 and 72.13 to
subsection (B); and by enacting a new subsection (C) {and moving the current (C) to
(D)} as follows:
"(C) The penalty for each violation of §§72.03, 72.09, 72.11, 72.15, 72.18, 72.30,
72.31, 72.32 and 72.33 shall be $70.00 if paid before the issuance of a summons, citation
or arrest warrant, otherwise the penalty shall be $95.00 after such issuance."
Section 13 . That the City Council of the City of Fayetteville, Arkansas hereby
further amends §72.99 Penalties by enacting a new subsection (E) as follows:
"(E) The Parking Manager may reduce the amount of fine assessed for good
cause shown by the driver/operator prior to forwarding the ticket to the City
Prosecutor's Office.
PASSED and APPROVED this 2nd day of July, 2013.
APPROVED:
By:
LIONELD JORDAN, MAYOR
ATTEST:
By:
SONDRA E. SMITH, City Clerk
Entertainment District Pay
Parking Area
EXHIBIT A
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Date: 5/g/2013 Document Path: G:\GIS2\Projects\2013\Parking—Proposed change 20110225\Map\Parking Districts_ Proposed 8
Downtown Business District Parking Zone EXHIBIT B
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Date: 5/9/2013 Document Path: GAG IS2\Projects\201 3\Parking—Pro posed change 20110225\Map\Parking Distticts—Proposed_DT_business.mxd S
FAYETTEVILLE CODE OF ORDINANCES
TITLE VII TRAFFIC CODE
CD72:3
CHAPTER 72 PARKING REGULATIONS
72.15 Parking Restrictions For Trucks,
Tractors And Trailers
No person shall park a truck, tractor or trailer with a
capacity of 3/4 ton or larger, or the chassis thereof, on
any street between the hours of 12:00 midnight and 6:00
a.m., nor shall any person use any street for the
purpose of repairing or reconditioning any such truck,
trailer of any common carrier or any part thereof, except
when much repairs shall be necessitated by an
emergency.
NEW:
72.15 Parking Restrictions On City Streets
In General and For Large Trucks,
Tractors And Trailers and Non Emergency
Repairs.
(A) All vehicles. No person shall park a
vehicle at the same location on a city
street for longer than fourteen
consecutive days, nor park any vehicle
requiring a license plate without its valid
and current license plate properly
affixed thereto.
(B) Large vehicles. No person shall park a truck,
tractor or trailer with a capacity of over one ton,
or the chassis thereof, on any street between the
hours of 12:00 midnight and 6:00 a.m.
(C) Nonemergency repairs. No person shall
use any street for the purpose of repairing or
reconditioning any vehicle or trailer, except when
such repairs shall be necessitated by an
emergency.
72.16 Parking Prohibited Within Fire
Lanes at NeFthwest AFkaRsas Mail And
El ewhefe
(A) It shall be unlawful for any person to park any
motor vehicle or motorcycle within a designated fire
lane AIAII OF .
(B) The police department shall not be required to
patrol any fire lane at Northwest Arkansas Mall, but
upon being called, police officers shall come to the
scene of an alleged violation and shall may issue a
citation or arrest the offender, if the offense is
committed or is in existence in the presence of the
officer.
Black Font represents the current
ordinance.
Stfike thFG represents the deletion
of words or phrases.
Red Font represents changes to the
current ordinance.
Blue Font represents notes or
comments about the ordinance.
72.18 Residential Parking Permit Program
For The Entertainment District Parking
Zone
(B) Definitions:
'Residential parking permit' means the currently
valid permit issued by Parking Division of tt;e
Pay. a,e#ey which allows the resident to park the
permitted resident's vehicle in an authorized onstreet
parking zone pursuant to the terms of this
section.
(F) Mixed use on -street parking on Spring Street and
School Avenue: Fifty nine On -street parking spaces on
Spring Street from Block Avenue to West Avenue and on
School Avenue from Center Street to Spring Street
shall be available to the public for paid parking and
to residents of the Entertainment District Parking
Zone South for properly permitted vehicles free of
charge.
(G) Free public use of paid on -street parking: From 2:00
a.m. until 2:00 p.m. every day, And until 10-00
all on -street paid parking spaces within the Entertainment
District Parking Zone shall be free of charge and
available to the public.
72.31 Restricted Use Of Passenger And
Freight Curb Loading Zones
(B) No person shall stop, stand or park a vehicle for
any purpose or length of time, other than for the
expeditious unloading and delivery or pick-up and
loading of materials, in any place marked as a
freight curb loading zone during hours when the
provisions applicable to such zones are in effect. In
no case shall the stop for loading and unloading of
materials exceed 39 15 minutes. During the entire time
that a driver is parked and loading or unloading materials,
the driver must turn on the vehicle's emergency flashers.
72.50 Definitions
For the purpose of this article the following definitions
shall apply unless the context clearly indicates or
requires a different meaning:
NEW:
'Downtown Business District Parking Zone': The area
depicted on the map and described on Exhibit B
attached to this enacting ordinance.
72.57 Parking Meter Zones
(E) Regulated hours for parking meters.
(1)Within the Entertainment District Parking Zone
between the hours of 10ate►. 2:00 p.m. until 2:00
a.m. .
until 100
a.m-on Sunday every day, the owner or driver
of a vehicle upon parking the vehicle in a parking
meter space shall immediately deposit into the
parking meter or electronic payment station
sufficient money or other authorized payment as
required in §72.58(H), On .
(2) Outside the EnteFtaiw:nent Distfi(A
PaFking'ZGR8 Within the Downtown Business
District Parking Zone between the hours of
8:00 a.m. until 6:00 p.m. Monday — Friday
(except City holidays), the owner or driver of a
vehicle upon parking the vehicle in a parking
meter space shall immediately deposit into the
parking meter sufficient money as required in
§72.58(G) OR the paFki.,g mete
72.58 Off -Street Parking Facilities; Rules
And Rates
(A) Established. The following named and described
real estate lying within the corporate limits of the
city is hereby established as and shall constitute
parking meter facilities within the Downtown Business
District Parking Zone:
(D) Installation, location, mechanical requirements, and
maintenance of meters within the Downtown Business
District Parking Zone. In the parking meter facilities
established by this article, the mayor shall cause parking
meters to be installed upon the curb immediately adjacent
to the parking spaces marked in accord with subsection
(C) above, such installation to be placed not more than
two feet from the curb or concrete islands as provided,
from the front line of the parking space as indicated, and
the mayor shall be responsible for the regulation,
control, operation, maintenance, and use of such
parking meters. Each parking meter installed shall
indicate by proper legend the legal parking time
established by the city and, when operated, shall at
all times indicate the balance of legal parking time,
and at the expiration of such period shall indicate
illegal or overtime parking.
(G)
fneters
9istdGtZepe. City parking lots and parking meters within
the Downtown Business District Parking Zone.
For all the parking lots identified in subsection (A) and all
parking meters outside the Entertainment Parking District
Zone. The following parking fees are established and
shall be required to be paid by the owner or operator of
any vehicle parked in those spaces or parking lots:
siRgle day usage fee Of n9t FnGFe
than $4.00 Of 6paG8 is available
NOTE: The most current ordinance for this is already
stated in subsection (1) of this section as follows:
(1) Rates for parking in city parking garages.
(1) City parking garage on Meadow Street:
(a) First level (covered), $50.00 per space/per
month, or not more than $4.00 per visit if
entry not restricted.
(b) Second level (covered), $50.00 per
space/per month
(c) Third level (not covered), $30.00 per
space/per month, or not more than $3.00
per visit if entry not restricted.
72.99 Penalties
(A) Whoever violates any provision of this chapter for
which no specific penalty is otherwise provided
shall be fined as set forth in '10.99.
(B) The penalty for each violation of §§72.04, §§72.06,
§§72.08, §§72.10, §§72.12, §§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) The penalty for each violation of §§72.03, §§72.09,
§§72.11, §§72.15, §§72.18, §§72.30, §§72.31, §§72.32
and §§72.33 shall be $70.00 if paid before the issuance of
a summons, citation or arrest warrant, otherwise the
penalty shall be $95.00 after such issuance.
(G) (D) 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.
(E) The Parking Manager may reduce the amount of fine
assessed for good cause shown by the driver/operator
prior to forwarding the ticket to the City Prosecutor's
Office.
Current (Old) Map — Exhibit A
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The new updated map — Exhibit A includes:
The new map — Exhibit B includes:
➢ Ila Street in the Residential Parking Zone North ➢ The addition of the Map of the Downtown
➢ N. School Ave. as a mixed -use parking area Business District Parking Zone
➢ Removal of St. Charles Ave. as paid parking and
making this a free parking area
1KRE
NORTHWEST ARKANSAS DEMOCRAT -GAZETTE C I Y E D
NORTHWEST ARKANSAS THE MORNING NEWS OF SPRINGDALE LL�3
THE MORNING NEWS OF ROGERS JUL 3 12013
NEWS-P-M-EIR,S LLC NORTHWEST ARKANSAS R TIMES CITY
ITTY CLERK'SS OFFIC E
BENTON COUNTY DAILY RECORD �
212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479.442.1700 1 WWW.NWANEWS.COM
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 5598
Was inserted in the Regular Editions on:
July 11, 2013
Publication Charges: $ 272.37
i
Holly Andrews
Subscribed and sworn to before me
This p-,?- day of , 2013.
0
L'���
Notary Public
My Commission Expires: 2� �Zt� L
CATH I VVfI .S ¢p
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� u��Ga�nt✓ f>
IVY
20 i4
* *NOTE* *
Please do not pay from Affidavit. Invoice will be sent.
ORDINANCE NO. 5598
AN ORDINANCE TO AMEND SEVERAL
SECTIONS OF CHAPTER 72 PARKING a e evi�le
REGULATIONSNS OF THE CODE OF
FAYETTEVILLE TO CLARIFY PARKING ARKANSAS
DISTRICTS, ENFORCEMENT TIMES AND
FINES
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 repeals
§ 72.15 in its entirety and enacts a replacement § 72.15 as follows:
"Parking Restrictions On City Streets In General and For Large Trucks,
Tractors and Trailers and Non Emergency Repairs."
(A) All Vehicles. No person shall park a vehicle at the same location on a city street
for longer than fourteen consecutive days, nor park any vehicle requiring a license
plate without its valid and current license plate properly affixed thereto.
(B) Large vehicles. No person shall park a truck, tractor or trailer with a capacity
of over one ton, or the chassis thereof, on any street between the hours of 12:00
midnight and 6:00 a.m.
.'(C) Nonemergency repairs. No person shall use any street for the purpose of
repairing or reconditioning any vehicle or trailer, except when such repairs shall
be necessitated by an emergency."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§ 72.16 in its entirety and enacts a replacement § 72.16 as follows:
"Parking Prohibited Within Fire Lanes."
It shall be unlawful for any person to park any motor vehicle or motorcycle within a
designated fire lane. The police department shall not be required to patrol any fire
lane at Northwest Arkansas Mall, but upon being called, police officers shall come
to the scene of an alleged violation and may issue a citation or arrest the offender,
if the offense is committed or is in existence in the presence of the officer."
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby
amends § 72.18 (B) Definitions by deleting "of the Transportation Department of
the City of Fayetteville" from the definition of "Residential parking permit" after
"Parking Division".
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§72.18 (F) in its entirely and enacts a replacement §72.18(F) as follows:
"Mixed use on -street parking on Spring Street and School Avenue. On street park-
ing spaces on Spring Street from Block Avenue to West Avenue and on School
Avenue from Center Street to Spring Street shall be available to the public for
paid parking and to residents of the Entertainment District Parking Zone South for
properly permitted vehicles free of charge."
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§72.18(G) in its entirety and enacts a replacement §72.18(G) as follows:
"Free public use of paid on -street parking. From 2:00 AM until 2:00 PM every day,
all on -street paid parking spaces within the Entertainment District Parking Zone
shall be free of charge and available to the public."
Section 6. That the City Council of the City of Fayetteville, Arkansas hereby
amends §72.31 Restricted Use of Passenger and Freight Curb Loading Zones
(B).by changing the minute limitation period from 30 to 15 minutes and enacting a
=final sentence as follows: "During the entire time that a driver is parked and loading
or unloading materials, the driver must turn on the vehicle's emergency flashers."
Section 7. That the City Council of the City of Fayetteville, Arkansas hereby enacts
a new definition into §72.50 Definitions as follows:
"Downtown Business District Parking Zone. The area depicted on the map and
described on Exhibit B attached to this enacting ordinance."
Section 8. That the City Council of the City of Fayetteville, Arkansas hereby
amends §72.57 (E) Regulated hours for parking meters by repealing it in its entirety
and enacting a replacement §72.57(E) as follows:
"(E) Regulated hours for parking meters.
(1) Within the Entertainment District Parking Zone between the hours of 2:00 PM
"untl 2:00 AM every day, the owner or driver of a vehicle upon parking the vehicle
in parking meter space shall immediately deposit into the parking meter or elec-
tronic payment station sufficient money or other authorized payment as required
in §72,58(H).
(2) Within the Downtown Business District Parking Zone between the hours of 8:00
AM until 6:00 PM from Monday through Friday (except City holidays), the owner or
driver of a vehicle upon parking the vehicle in a parking meter space shall immedi-
ately deposit into the parking meter sufficient money as required in §72.58(G)."
Section 9. That the City Council of the City of Fayetteville, Arkansas herby amends
§72.58 Off -Street Parking Facilities; Rules and Rates (A) & (D) by inserting:
"within the Downtown Business District Parking Zone" at the end of the first sen-
tence of (A) and at the end of the title of (D).
Section 10. That the City Council of the City of Fayetteville, Arkansas hereby
amends §72.58 (G) by repealing its title and subsection (5) and enacting a new
titleas follows: "City parking lots and parking meters within the Downtown
Business District Parking Zone," and by repealing the reference to "outside the
Entertainment District Parking Zone" from the first sentence of (G).
;.Section 11. That the City Council of the City of Fayetteville, Arkansas hereby
;,removes the current Exhibit A from this Chapter and enacts the attached Exhibit A
end'Exhibit B to be placed at the and of this Chapter.
-;Section 12. That the City Council of the City of Fayetteville, Arkansas hereby
amends §72.99 Penalties by adding §§72.04, 72.06, 72.08, 72.10, 72.12 and 72.13
ao subsection (B); and by enacting a new subsection (C) {and moving the current
(C) to (D)) as follows:
"(C) The penalty for each violation of §§72.03, 72.09, 72.11, 72.15, 72.18, 72.30,
72.31, 72.32 and 72.33 shall be $70.00 if paid before the issuance of a summons, cita-
tion or arrest warrant, otherwise the penalty shall be $95.00 after such issuance."
Section 13. That the City Council of the City of Fayetteville, Arkansas hereby fur-
4heramends §72.99 Penalties by enacting a new subsection (E) as follows:
"(E) The Parking Manager may reduce the amount of fine assessed for good cause
"shown by the driver/operator prior to forwarding the ticket to the City Prosecutor's
and APPROVED this 2nd day of July, 2013.
:D: ATTEST:
By:
D JORDAN, Mayor SONDRA E. SMITH, City Clark/Treasurer
for this ordinance may be viewed in the office of the City Clerk/Treasurer.
Entertainment District Pay Parking Area
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Amend Chapter 72
Page 7 oll
14
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Date: 5/9/2013 Document Path:
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Date: 5/9/2013 Document Path: G:\GIS2\Projects\2013\Parking—Proposed change 20110225UNap\Parking DiaWcts_Proposed_DT_business.mxd S
