HomeMy WebLinkAboutOrdinance 5610ORDINANCE NO. 5610
AN ORDINANCE TO ENACT §72.73 REGULATION OF WHEEL CLAMPS
OR BOOTING ON PRIVATE PAY TO PARK LOTS WITHIN THE
ENTERTAINMENT DISTRICT PARKING ZONE AND THE
DOWNTOWN BUSINESS PARKING DISTRICT ZONE INTO THE
FAYETTEVILLE CODE
WHEREAS, numerous Fayetteville citizens and visitors have complained about
excessive charges, unprofessional conduct and the lack of adequate signage to warn parkers that
their vehicles would be booted if parked overtime in some private pay to park lots within
Fayetteville's Entertainment District and Downtown Business Parking District Zone; and
WHEREAS, the excessive booting fees charged with insufficient notice has damaged the
Fayetteville's reputation as a fun and welcoming place to visit and enjoy our great restaurants
and night life; and
WHEREAS, Mayor Lioneld Jordan and his staff requested State Representative David
Whitaker to sponsor an Act to provide the City of Fayetteville the power and authority to
regulate the use of wheel clamps (also known as "boots") in order to ensure the use of such
wheel clamps would not be oppressive, unfair or surprising to vehicle owners who choose to
park in private pay to park lots; and
WHEREAS, the Fayetteville City Council has determined that reasonable regulations of
private pay to park lots' use of wheel clamps to necessary to preserve and improve the peace,
welfare and safety of its citizens and visitors and the economic well being of Downtown and the
Dickson Street Entertainment District.
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 enacts
§72.73 Regulation Of Wheel Clamps or Booting On Private Pay To Park Lots Within The
Entertainment District Parking Zone and the Downtown Business Parking District Zone
into The Fayetteville Code as shown as Exhibit A attached hereto and made a part hereof.
Page 2
Ordinance No. 5610
PASSED and APPROVED this 3rd day of September, 2013.
APPROVED: ATTEST:
By' By:
I NE J AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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Exhibit A
72.73 Regulation of Wheel Clamps or
Booting on Private Pay to Park Lots
Throughout Fayetteville
(A) Exemption from the Sign Ordinance. All
signs required by this section shall be
exempt from further regulation of the
Sign Ordinance pursuant to § 174.03(F).
(B) Location and size of Wheel
Clamps/Booting Waming Sign. Every
owner of a private pay to park lot with
five or more spaces that desires to use
wheel clamps (also known as boots)
must have an easily readable Wheel
Clamp/Booting Warning Sign that is not
more than 16 square feet, devoid of any
advertising and prominently placed at
each entrance to the parking lot.
(C) Contents of Sign for Private Pay To
Park Lots. The Wheel Clamp/Booting
Warning Sign shall contain only the
following information in clearly legible
letters at least one inch in height in the
following order from the top of the sign
for a private parking lot that allows paid
parking.
(1) "Private Pay To Park Lot."
(2) At the option of owner, the sign may
identify the lot by name.
(3) Either "Pay to park at all hours" or
"Pay to park during (posted hours)."
(4) At the owner's option, the sign may
show the hourly rate and any
maximum day or evening rate for
the parking lot.
(5) "Parking in violation of posted
restriction will result in a fee for the
booting and overtime parking of the
vehicle at owner's expense, up to a
maximum total of $40.00."
(6) Name, address and telephone
number of firm authorized to boot
vehicles on this private pay to park
lot.
(7) If the private pay to park lot owner
wishes to boot and tow overparked
vehicles, the sign information
required by this section and § 72.71
may be combined into a single sign.
(D) Allowed maximum charge for placing
and removing a wheel clamp or boot
upon an overpacked vehicle. No private
pay to park lot owner, manager,
company or other entity may charge
more than Forty Dollars ($40) total to
place and remove a wheel clamp or
boot on a vehicle that has been parked
longer than the period for which the
vehicle's owner has paid to park. No
other fees may be charged. With proper
signage required by § 72.71, the parking
lot owner, manager, company or other
entity managing the lot may tow this
vehicle pursuant to the Fayetteville
Code, but can charge only the
nonconsensual towing fee and not add
or charge the booting fee allowed in this
section.
(E) Payment by the owner/operator for the
installation and removal fee for Wheel
Clamps or Boots. The parking lot
owner, manager, company or other
entity which has installed wheel clamps
or boots upon overparked vehicles must
accept valid credit and debit cards and
cash for the payment allowed by (D) at
the parking lot and may accept any
other form of payment. An accurate and
legible receipt for this payment must
immediately be provided to the vehicle
owner or operator.
(F) Company must answer telephone and
promptly remove wheel clamp. The
private pay to park lot owner, manager,
company or other entity shall
immediately answer every telephone
call for the number displayed upon the
Wheel Clamp/Booting Warning Sign
after a vehicle has been booted as long
as such vehicle remains in the
company's possession. The entity must
respond to any telephone call or other
notice from the vehicle's owner or
operator and remove the wheel clamp
within 15 minutes of such call or notice if
the owner or operator has paid the
allowed fee. All wheel clamp company
employees dealing with customers must
wear a company uniform and display a
company photo ID.
(G) Permit for Wheel Clamp Company
employees and required criminal
background checks. Every wheel clamp
employee who may come into contact
with the public shall obtain a permit from
the Parking Division before beginning
employment with the wheel clamp
company. The cost to obtain the wheel
clamp company employee permit is
$5.00. In applying for the permit, each
applicant shall provide the following to
the Parking Division:
(1) The name of the owner or manager
of the wheel clamp company;
(2) The name, address and telephone
number of the wheel clamp
company employee and his or her
photo identification;
(3) A signed statement under oath that
the person applying to be a wheel
clamp company employee has not
been convicted of felonies or
misdemeanors involving sexual
offenses or violence within the last
five years;
(4) A criminal background check from
the Arkansas State Police and from
the State Police of the state which
issued the Driver's License of the
wheel clamp company employee
which shows that the employee has
not within the preceding five years
been convicted of any felonies or
misdemeanors involving sexual
offense or violence, nor has been
incarcerated in prison at any time
during the last five years for a
violent or sexual offense;
(5) No person shall be issued a permit
as a wheel clamp company
employee who has been convicted
of any of the offenses set out above
or who has been in prison at any
time during the last five years for
such offense.
(H) No application to University of Arkansas
property. §§ 72.71-.73 have no
limitation, application or effect upon the
University of Arkansas's nonconsensual
towing or booting powers for vehicles
parked on any University of Arkansas lot
or parking space.
City of Fayetteville Staff Review Form
Kit Williams
Submitted By
City Council Agenda Items
and
Contracts, Leases or Agreements
9/3/2013
City Council Meeting Date
Agenda Items Only
City Attorney City Attorney
Division Department
Action Kequired:
Enact §72.73 Regulation Of Wheel Clamps or Booting On Private Pay To Park Lots Within The Entertainment
District Parking Zone into The Fayetteville Code.
$0
Cost of this request
Account Number
Category / Project Budget
Funds Used to Date
Program Category / Project Name
Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
kS12JL_3 Previous Ordinance or Resolution #
Date
Original Contract Date:
&L K,1,0130riginal Contract Number:
City Attorney Date
�D
Finan a and Internal Services Director ate
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D e E ER •
Received in g ��
Mayor's Office
Date
Comments:
Received
Clerk's Office
Revised January 15, 2009
Departmental0 le
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Kit Williams
City Attorney
Jason B. Kelley
Assistant City Attorney
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Sharon Waters, Parking & Telecommunications Manager
FROM: Kit Williams, CityAttorney
Y
DATE: June 13, 2013
RE: Regulating "Booting" on Private Pay to Park Lots within the
Dickson Street Entertainment District
After the Legislature granted (upon our request) cities in Arkansas the power to
regulate nonconsensual towing, the City Council passed nonconsensual towing
regulations which reduced the over $100.00 fees and prevented tows to distant storage
lots which had plagued visitors to Dickson Street who parked on private pay to park lots.
The numerous citizen and tourists complaints about such nonconsensual towing virtually
disappeared.
Unfortunately, some private pay to park lots owners (to maintain a large revenue
source from these $100.00 and more penalties for overparking in their lots) began to
institute booting of overparked cars. Certainly, the parking lot owners and managers
need some way to ensure that owners of vehicles do not overpark and then just drive
away without paying for their overparking. Unfortunately, the private pay to park lot
owners and managers began to charge over $100.00 to remove the wheel clamp (also
known as "boots") from a vehicle of a driver who may have overparked only a few
minutes. Additionally, the signs about booting cars for overparking and the large penalty
fees to remove the wheel clamps were not very visible nor clear about the large fee.
Some parkers believed that some private parking lots were City public parking lots and
thus were shocked to face a demand of an over $100.00 cash payment to be able to drive
home (instead of a $15.00 parking ticket that could be paid later). The City began
receiving numerous complaints about the booting of cars. Some drivers complained that
their cars had been booted even before their paid parking time had expired.
Mayor Jordan and his administration wanted to resolve this problem by regulating
such booting companies as the City had regulated the towing companies. We asked our
legislative delegation to sponsor a bill that would authorize us to regulate booting. We
would like to thank our region's legislative delegation and especially Representative
David Whitaker who sponsored Act 1364 which empowered cities to "by ordinance
regulate the use of wheel clamps." As with most other Acts, Act 1364 will become
effective on August 16, 2013.
I have drafted a proposed new code section in the Parking Chapter of the
Fayetteville Code which would immediately follow §72.71 and §72.72 which require
signage for private pay to park lots that are empowered to nonconsensually tow
overparked vehicles and regulate such towing. §72.73 would require a very similar sign
(which can be combined into one sign for both towing and booting) which warns parkers
that their overparked vehicle may be booted and that the lot's manager may charge up to
$40.00 to remove the boot. §72.73 would also regulate the maximum charge ($40.00)
and how it could be paid.
I am suggesting the $40.00 maximum fee which is lower than the current $60.00
maximum fee for nonconsensual towing because of the lower costs to the parking lot
management of booting rather than towing a vehicle.
The City could regulate other aspects of companies using a wheel clamp such as
requiring clearly visible identification of each worker, uniforms, requiring wheel clamps
to be removed within a certain number of minutes of the car owner offering payment,
etc., but I did not include such regulations nor other type of regulation that I did not think
absolutely necessary at this time. I believe it is better to limit the amount of regulation as
much as possible knowing that the City Council can revisit the issue and impose
additional regulations in the future if necessary.
The proposed ordinance or any modification thereof cannot be presented for
official City Council action before the effective date of Act 1364 (August 16, 2013).
However, I suggest we be ready with an ordinance to enact §72.73 in a form agreeable to
the City Council at the City Council's meeting of August 20, 2013. It would probably be
wise to consider this proposed ordinance at an Ordinance Review Committee in July so
that the City's Parking Division and any other City staff can present their comments and
suggestions and so the City Council members make any necessary or desirable
amendments.
4
•
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RKANSAS®
Departmental Correspondence
Kit Williams
City Attorney
Jason B. Kelley
Assistant City Attorney
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Sharon Waters, Parking & Telecommunications Manager
FROM: Kit Williams, City Attorney
DATE: June 28, 2013
RE: Two Revisions to proposed Wheel Clamp/Booting Regulations
After speaking with staff at the Municipal League conference, I am
suggesting two additions to the Booting/ Wheel Clamp ordinance. The
first is to require acceptance of cash. (I did not realize this was a problem.)
Second, I suggest requiring the removal of the wheel clamp within 15
minutes of the telephone call or the notice to the entity which has installed
the wheel clamp or boot if the owner or operator of the vehicle has paid the
fee (maximum would be $40.00).
Attached is the revised proposed omit section which would be
Exhibit A to the enacting ordinance. The revisions are in subsections (E)
and (F). I still request that the Ordinance Review Committee schedule a
meeting in July to consider this wheel clamp/booting regulating ordinance.
eIv
RKANSAS®
Departmental Correspondence
Kit Williams
City Attorney
Jason B. Kelley
Assistant City Attorney
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
David Jurgens, Utilities Director
Sharon Waters, Parking & Telecommunications Manager
FROM: Kit Williams, City Attorney
DATE: August 15, 2013
RE: Regulation of Wheel Clamps
I want to thank the Ordinance Review Committee for meeting to
discuss the proposed § 72.73 Regulation of Wheel Clamps or Booting on
Private Pay To Park Lots Within the Entertainment District Parking
Zone. I regret that I could not attend because I was out of state. Jason has
informed me of your comments and suggestions about this proposed
ordinance.
(1) Wheel clamp company employees must wear uniforms and
display photo identification
I understand that you want the wheel clamp company employees to
be required to wear company uniforms and display photo identifications. I
will place these requirements in § 72.73 (F) of the Fayetteville Code of
Ordinances pursuant to your requests.
(2) Expand the application of the towing and booting regulations
beyond the Entertainment District Parking Zone
I would like to discuss your suggestion to apply these regulations
City-wide rather than only applying it within the Entertainment District
Parking Zone as has been done successfully for the towing regulations. My
understanding is that citizen towing complaints have pretty much
disappeared since the enactment of our current towing regulation.
Expanding the application of all of the towing regulations city wide
is not needed and could have adverse unintended consequences. In the
first place, almost all of nonconsensual towing problems were located
within the Entertainment District Parking Zone. We had only had towing
problems with one other parking lot outside the Entertainment District and
solved that problem by buying that lot for the Fayetteville Police
Department use.
There is one private pay to park lot outside the Entertainment District
Parking Zone on Mountain Street near College Avenue that boots over
parked vehicles. If you wanted to extend the booting regulations to cover
this lot, you could extend booting regulations to cover private pay to park
lots in this Downtown Business Parking District Zone. We would also then
need to extend only the regulation of the towing regulations applicable to
private pay top park lots to the Downtown district. I will work on such an
amendment, but it is not ready for the Tentative Agenda.
(3) Extensive permitting and criminal background checks for all
wheel clamp company employees
I am somewhat concerned that you wish to require the same
background checks of all wheel clamp company employees as you did for
door-to-door solicitors. Below is the extensive permitting/background
checks that you required of door-to-door solicitors to permit them to go up
to our citizens' front doors for solicitation purposes.
Oil
"(D) Permit for peddlers/solicitors. In addition to the principal
permit, each peddler or solicitor acting for the principal shall
also obtain a permit from the Planning Department before
peddling or soliciting within the city. The cost to obtain a
peddler/ solicitor permit is $5.00. In applying for the permit,
each applicant shall provide the following to the Planning
Department:
(1) The name of the principal applicant for whom they are
going to act as a peddler or solicitor;
(2) The name, address, and telephone number of the person
who is going to act as a peddler or solicitor, and in addition,
they must also provide photo identification;
(3) A signed statement under oath that the person applying
to be a peddler/solicitor has not been convicted of felonies or
any misdemeanors involving theft, sexual offenses, or violence;
(4) A criminal background check from the Arkansas State
Police and from the State Police of the State which issued the
Driver's License of the applicant which shows that peddler or
solicitor has not, within the preceding five years, been
convicted of any felonies, or any misdemeanors involving theft,
sexual offense or violence, nor has been incarcerated in prison
at any time during the last five years. No person shall be
issued a permit as a peddler or solicitor that has been convicted
of any of the offenses set out above nor in prison during the last
five years."
This very extensive permitting process is now only required for
door-to-door solicitors and is justified to protect our residents in their
homes from possible criminal acts. We enjoy enhanced rights of security
and privacy in our homes which are inherently greater than when we park
our car in someone else's private parking lot. Thus, the justification for an
extensive criminal background check and permitting process is much
3
greater for door-to-door solicitors than any other group of workers
regulated by the City.
The inherent (although very small) danger of using a taxi is far
greater than having an employee remove a wheel clamp and yet our
permitting system for taxi drivers, pedicab operators, limo drivers, etc. is
much less than proposed for wheel clamp company employees. We do not
now require any criminal background check for tow company employees.
To apply the same extensive criminal background check and
permitting process for door-to-door solicitors to wheel clamp company
employees would be expensive and time consuming for the companies and
whatever City division you would decide must administer this program. Is
there a true current problem with wheel clamp company employees that
justifies this cost and expenditure by the companies and the City? I
suggest we not place such extensive permitting process into the law until
our Police Department reports about problems that would justify such
regulation.
(4) Penalty Provision
Unless the penalty for violating this proposed code section is not to
be the standard $500.00 maximum, pursuant to § 72.99, there is no need to
state the penalty in the code section. Indeed, it is inadvisable to needlessly
lengthen the Fayetteville Code by inserting a penalty provision in a code
section that simply repeats the penalty that is already applicable to the
violation of this code section and all other code sections that do not have a
different express penalty.
(5) Receipt for payment
I assumed the wheel clamp company already provided receipts for
payments. If not, they certainly should, and so I have included this
requirement in the ordinance in § 72.73 (E) pursuant to your
recommendation.
M
CONCLUSION
I want to thank the Ordinance Review Committee for reviewing the
proposed Booting Regulation Ordinance and for your several
recommendations. I have incorporated some of those recommendations
into the proposed ordinance that I will submit the full City Council for its
review and final decision.
I regret that the Ordinance Review Committee meeting could not
have been scheduled so I could have attended. If I would have been there,
I could have explained the long history of citizen complaints about
improper towing actions, our three year efforts to obtain statutory
authority to regulate towing and the extensive and thoughtful work of the
previous City Council when it enacted the towing regulation ordinance
after contentious City Council meetings. I believe this history explains why
the City Council applied the regulations only within the Entertainment
District.
When wheel clamp companies began giving our City a bad name by
overcharging citizens using a private parking lot without adequate
warning signs, Mayor Jordan and I sought help from our legislative
delegation. Representative David Whitaker sponsored our requested
legislation giving cities the authority to regulate wheel clamping activities.
This law will soon be in effect so we can enact our booting regulations.
5
ORDINANCE NO.
AN ORDINANCE TO ENACT §72.73 REGULATION OF WHEEL CLAMPS
OR BOOTING ON PRIVATE PAY TO PARK LOTS WITHIN THE
ENTERTAINMENT DISTRICT PARKING ZONE AND THE
DOWNTOWN BUSINESS PARKING DISTRICT ZONE INTO THE
FAYETTEVILLE CODE
WHEREAS, numerous Fayetteville citizens and visitors have complained about
excessive charges, unprofessional conduct and the lack of adequate signage to warn parkers that
their vehicles would be booted if parked overtime in some private pay to park lots within
Fayetteville's Entertainment District and Downtown Business Parking District Zone; and
WHEREAS, the excessive booting fees charged with insufficient notice has damaged the
Fayetteville's reputation as a fun and welcoming place to visit and enjoy our great restaurants
and night life; and
WHEREAS, Mayor Lioneld Jordan and his staff requested State Representative David
Whitaker to sponsor an Act to provide the City of Fayetteville the power and authority to
regulate the use of wheel clamps (also known as "boots") in order to ensure the use of such
wheel clamps would not be oppressive, unfair or surprising to vehicle owners who choose to
park in private pay to park lots; and
WHEREAS, the Fayetteville City Council has determined that reasonable regulations of
private pay to park lots' use of wheel clamps to necessary to preserve and improve the peace,
welfare and safety of its citizens and visitors and the economic well being of Downtown and the
Dickson Street Entertainment District.
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 enacts
§72.73 Regulation Of Wheel Clamps or Booting On Private Pay To Park Lots Within The
Entertainment District Parking Zone and the Downtown Business Parking District Zone
into The Fayetteville Code as shown as Exhibit A attached hereto and made a part hereof.
PASSED and APPROVED this 3rd day of September, 2013.
APPROVED: ATTEST:
LIONELD JORDAN, Mayor
SONDRA E. SMITH, City Clerk/Treasurer
Exhibit A
72.73 Regulation of Wheel Clamps or
Booting on Private Pay to Park Lots
Within the Entertainment District
Parking Zone and the Downtown
Business Parking District Zone
(A) Exemption from the Sign Ordinance. All
signs required by this section shall be
exempt from further regulation of the
Sign Ordinance pursuant to §174.03(F).
(B) Location and size of Wheel
Clamps/Booting Warning Sign. Every
owner of a private pay to park lot with
five or more spaces that desires to use
wheel clamps (also known as boots)
must have an easily readable Wheel
Clamp/Booting Warning Sign that is not
more than 16 square feet, devoid of any
advertising and prominently placed at
each entrance to the parking lot.
(C) Contents of Sign for Private Pay To
Park Lots. The Wheel Clamp/Booting
Warning Sign shall contain only the
following information in clearly legible
letters at least one inch in height in the
following order from the top of the sign
for a private parking lot that allows paid
parking.
(1) "Private Pay To Park Lot."
(2) At the option of owner, the sign may
identify the lot by name.
(3) Either "Pay to park at all hours" or
"Pay to park during (posted hours)."
(4) At the owner's option, the sign may
show the hourly rate and any
maximum day or evening rate for
the parking lot.
(5) "Parking in violation of posted
restriction will result in a fee for the
booting and overtime parking of the
vehicle at owner's expense, up to a
maximum total of $40.00."
(6) Name, address and telephone
number of firm authorized to boot
vehicles on this private pay to park
lot.
(7) If the private pay to park lot owner
wishes to boot and tow overparked
vehicles, the sign information
required by this section and §72.71
may be combined into a single sign.
(D) Allowed maximum charge for placing
and removing a wheel clamp or boot
upon an overparked vehicle. Within the
Entertainment District Parking Zone and
the Downtown Business Parking District
Zones, no private pay to park lot owner,
manager, company or other entity may
charge more than Forty Dollars ($40)
total to place and remove a wheel clamp
or boot on a vehicle that has been
parked longer than the period for which
the vehicle's owner has paid to park.
No other fees may be charged. With
proper signage required by §72.71, the
parking lot owner, manager, company or
other entity managing the lot may tow
this vehicle pursuant to the Fayetteville
Code, but can charge only the
nonconsensual towing fee and not add
or charge the booting fee allowed in this
section.
(E) Payment by the owner/operator for the
installation and removal fee for Wheel
Clamps or Boots. The parking lot
owner, manager, company or other
entity which has installed wheel clamps
or boots upon overparked vehicles must
accept valid credit and debit cards and
cash for the payment allowed by (D) at
the parking lot and may accept any
other form of payment. An accurate and
legible receipt for this payment must
immediately be provided to the vehicle
owner or operator.
(F) Company must answer telephone and
promptly remove wheel clamp. The
private pay to park lot owner, manager,
company or other entity shall
immediately answer every telephone
call for the number displayed upon the
Wheel Clamp/Booting Warning Sign
after a vehicle has been booted as long
as such vehicle remains in the
company's possession. The entity must
respond to any telephone call or other
notice from the vehicle's owner or
operator and remove the wheel clamp
within 15 minutes of such call or notice if
the owner or operator has paid the
allowed fee. All wheel clamp company
employees dealing with customers must
wear a company uniform and display a
company photo ID.
(G) No application to University of Arkansas
property. §§72.71-.73 have no
limitation, application or effect upon the
University of Arkansas's nonconsensual
towing or booting powers for vehicles
parked on any University of Arkansas lot
or parking space.
Departmental
ARKANSA
Kit Williams
City Attorney
Jason B. Kelley
Assistant City Attorney
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Casey Jones, Prosecuting Attorney
Sharon Waters, Parking & Telecommunications Manager
FROM: Kit Williams, City Attorney �.
DATE: August 21, 2013
RE: Ordinance Review Committee's recommendation for §§ 72.73
Regulation of Wheel Clamps
Although I have previously pointed out where I disagreed with the
recommendations of the Ordinance Review Committee made to my
proposed Regulation of Wheel Clamps Ordinance, I thought I should draft
the committee's proposed ordinance for the City Council's consideration.
It is attached to this memo.
Ordinance Review Committee's
recommendation
72.73 Regulation of Wheel Clamps or
Booting on Private Pay to Park Lots
Throughout Fayetteville
(A) Exemption from the Sign Ordinance. All
signs required by this section shall be
exempt from further regulation of the
Sign Ordinance pursuant to §174.03(F).
(B) Location and size of Wheel
Clamps/Booting Warning Sign. Every
owner of a private pay to park lot with
five or more spaces that desires to use
wheel clamps (also known as boots)
must have an easily readable Wheel
Clamp/Booting Warning Sign that is not
more than 16 square feet, devoid of any
advertising and prominently placed at
each entrance to the parking lot.
(C) Contents of Sign for Private Pay To
Park Lots. The Wheel Clamp/Booting
Warning Sign shall contain only the
following information in clearly legible
letters at least one inch in height in the
following order from the top of the sign
for a private parking lot that allows paid
parking.
(1) "Private Pay To Park Lot."
(2) At the option of owner, the sign may
identify the lot by name.
(3) Either "Pay to park at all hours" or
"Pay to park during (posted hours)."
(4) At the owner's option, the sign may
show the hourly rate and any
maximum day or evening rate for
the parking lot.
(5) "Parking in violation of posted
restriction will result in a fee for the
booting and overtime parking of the
vehicle at owner's expense, up to a
maximum total of $40.00."
(6) Name, address and telephone
number of firm authorized to boot
vehicles on this private pay to park
lot.
(7) If the private pay to park lot owner
wishes to boot and tow overparked
vehicles, the sign information
required by this section and §72.71
may be combined into a single sign.
(D) Allowed maximum charge for placing
and removing a wheel clamp or boot
upon an overpacked vehicle. No private
pay to park lot owner, manager,
company or other entity may charge
more than Forty Dollars ($40) total to
place and remove a wheel clamp or
boot on a vehicle that has been parked
longer than the period for which the
vehicle's owner has paid to park. No
other fees may be charged. With proper
signage required by §72.71, the parking
lot owner, manager, company or other
entity managing the lot may tow this
vehicle pursuant to the Fayetteville
Code, but can charge only the
nonconsensual towing fee and not add
or charge the booting fee allowed in this
section.
(E) Payment by the owner/operator for the
installation and removal fee for Wheel
Clamps or Boots. The parking lot
owner, manager, company or other
entity which has installed wheel clamps
or boots upon overparked vehicles must
accept valid credit and debit cards and
cash for the payment allowed by (D) at
the parking lot and may accept any
other form of payment. An accurate and
legible receipt for this payment must
immediately be provided to the vehicle
owner or operator.
(F) Company must answer telephone and
promptly remove wheel clamp. The
private pay to park lot owner, manager,
company or other entity shall
immediately answer every telephone
call for the number displayed upon the
Wheel Clamp/Booting Warning Sign
after a vehicle has been booted as long
as such vehicle remains in the
company's possession. The entity must
respond to any telephone call or other
notice from the vehicle's owner or
operator and remove the wheel clamp
within 15 minutes of such call or notice if
the owner or operator has paid the
allowed fee. All wheel clamp company
employees dealing with customers must
wear a company uniform and display a
company photo ID.
(G) Permit for Wheel Clamp Company
employees and required criminal
background checks. Every wheel clamp
employee who may come into contact
with the public shall obtain a permit from
the Planning Department before
beginning employment with the wheel
clamp company. The cost to obtain the
wheel clamp company employee permit
is $5.00. In applying for the permit,
each applicant shall provide the
following to the Planning Department:
(1) the name of the owner or
manager of the wheel clamp company;
(2) the name, address and
telephone number of the wheel clamp
company employee and his or hers
photo identification;
(3) a signed statement under
oath that the person applying to be a
wheel clamp company employee has
not been convicted of felonies or any
misdemeanors involving theft, sexual
offenses, or violence:
(4) a criminal background
check from the Arkansas State Police
and from the State Police of the state
which issued the Driver's License of the
wheel clamp company employee which
shows that the employee has not within
the preceding five years been convicted
of any felonies, or any misdemeanors
involving theft, sexual offense or
violence, nor has been incarcerated in
prison at any time during the last five
years.
No person shall be issued a permit as a
wheel clamp company employee who
has been convicted of any of the
offenses set out above or who has been
in prison at anytime during the last five
years.
(H) No application to University of Arkansas
property. §§72.71-.73 have no
limitation, application or effect upon the
University of Arkansas's nonconsensual
towing or booting powers for vehicles
parked on any University of Arkansas lot
or parking space.
(1) Penalty. Any person convicted for
violating this section shall be fined up to
$500.00.
fa
�r� 1� � ,` s r A � Ai�•.0
Marr, Don:
From: Jeremy Pate <jpate@ci.fayetteville.ar.us>
Sent: Tuesday, September 03, 2013 4:22 PM
To: Marr, Don; Marr, Don
Subject: Fwd: complaint regarding Train Depot private parking lot
>>> Andrew Garner 9/3/2013 9:33 AM >>>
Jeremy,
I received a compliant this morning about the Train Depot parking lot. The incident happened on 08-30-2013. A student
parked in a parking space in front of Chipotle, went and paid $2.00 into the machine to pay for a parking spot, went in
the restaurant to pick up a carry -out order. She came back to her car a few minutes later with her order and a parking
lot attendant was booting her vehicle. The parking attendant indicated to the customer that she was parking in a
different spot than she had paid for and booted her vehicle. The customer had to then pay $100.00 to get her vehicle
un-booted. Calls to the phone number for the parking lot have not been returned. The student's father is the one that
complained to me and his name is Mark Letbetter from Collinsville, OK (918.853.5433). He was very upset this happened
to his daughter and indicated it is unclear what is a city parking lot, what is a private lot, and he will not be going down
to Diekson Street because of this type of thing. I told him we would pass on -his compliant to the mayu, . 5 office.
Thanks,
Andrew
Andrew M. Garner, AICP
Senior Planner
City of Fayetteville
125 West Mountain Street
Fayetteville, Arkansas 72701
Tel.479.575.8262
Fax.479.575.8202
agarner@ci.fayetteville.ar.us
www.accessfayetteville.org ( http://www.accessfayetteville.org/)
Telecommunications Device for the Deaf: (479) 521-1316
DATE DAY OF WEEK
20-Mar-13 CALL REGISTER Wednesday
Msg/In/Out
TIME
NAME / PHONE # / MESSAGE
CALL COMPLETED
daughter got booted last night - did not pay to park - guys with bunch of tatoos - took
0
In
8:23 AM
their $110 dollars ; went to restaurant to eat
From: Melissa Elmore
To: Waters, Sharon
Date: 3/14/2013 8:08 AM
Subject: Fwd: Re: [Form mail from AccessFayetteville] - Booting of vehicle
>>> Lori Embree <loriembree(d)ymail.com> 3/13/2013 8:09 PM >>>
Dear Melissa,
Thank you for the clarification. I will follow up with Houses, Inc.
Sincerely,
Lori Embree
From: Melissa Elmore <melmore(a)ci.fayetteviile.ar.us>
To: Lori Embree <loriembree('Oymail.com>
Sent: Wednesday, March 13, 2013 12:16 PM
Subject: Re: [Form mail from AccessFayetteville] - Booting of vehicle
Ms. Embree,
The spaces are numbered as you pay for parking using that space number. However, the
kiosk for payment is located within the lot and is the property owner's. It is not a part of
the City paid parking in the Entertainment District. Private property owners cannot issue
parking tickets. Their only manner for enforcing the parking on their lot is to either boot or
tow the vehicle.
I believe the owner of this particular lot is Houses Inc. From the phone book, their number
is 479-521-9155.
Attached is a map of parking in the Entertainment District. The privately owned lots are
shown in pink. Additional information for this area, as well as the Downtown Square area,
can be found on our website www.accessfayetteville.org under Parking Management. I will
forward your concerns to the Parking Manager as well.
Sincerely,
Melissa Elmore
Parking Management
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
479.575.8280 Phone
479.575.8250 Fax
479.521.1316 TDD (Telecommunications Device for the Deaf)
melmore(cbci.fayettevii.le.ar.us
(7/16/2013) Sharon Waters [Form mail from Access Fayetteville] - Booting of vehicle
From: <loriembree@ymail.com>
To:<webmaster@ci.fayetteville.ar.us>
Date: 3/12/2013 10:22 PM
Subject: [Form mail from Access Fayetteville] - Booting of vehicle
From: Lori Embree
Email: loriembree@ymail.com
Subject: Booting of vehicle
Message:
Seite1
RECEIVED
JUL 17 2013
CITY OF FAYETTEVILLE
MAYOR'S OFFICE
A friend of mine went to Chipolte Grill last Tuesday evening for takeout. The reserved spaces for takeout
were full. She parked in a numbered spot and went directly into the restaurant without going to a kiosk.
She returned 7 minutes later to find a her vehicle ticketed and booted. The person who booted her car
was not in a city vehicle, was parked behind The Rowdy Beaver and was booting several other vehicles.
He charged her $101.00 on the spot to unboot her vehicle. My question is who jacked her? The city or
some random person? Is this normal operating procedure?
Thank you,
Lori Embree
>>> Lori Embree <_I_oriembree(ftmail.com> 3/13/2013 11:20 AM >>>
Dear Melissa,
I am still not understanding this situation. This is a numbered spot that is paid for at the
city kiosk, correct? A ticket was absolutely in order, but $101.00? Is that not extortion?
Who is the owner of this lot and who is responsible for this "business" policy. I would like to
contact them. In addition, I have notified 40/29 news and the Fayetteville flyer of this
situation. It is a shame that visitors to our city are treated this way! She does not live here
and in addition is a widow on fixed income so could little afford a $100 burrito!
Thank you,
Lori Embree
From: Melissa Elmore <melmore0ci.fayetteville.ar.us>
To: Ioriembree(alymail.com
Sent: Wednesday, March 13, 2013 10:41 AM
Subject: Re: (Form mail from AccessFayetteville] - Booting of vehicle
Ms. Embree,
Thank you for your e-mail. 1 am seFFy that yeuF ff iend's vehiele was booted. The parking
lot she was in is privately owned. Unfortunately, the only means of enforcement the owners
have is to boot or tow the vehicles. Payment for parking should always be made
immediately upon parking. The City does not boot or tow, but issues parking violations
($15.00).
Please feel free to contact the Parking Management Office at 479.575.8280 with any
questions.
Sincerely,
Melissa Elmore
Parking Management
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
479.575.8280 Phone
479.575.8250 Fax
479.521.1316 TDD (Telecommunications Device for the Deaf)
melmore(a)ci.fayetteviile.ar.us
>>> <IoriembreeCawmail.com> 3/12/2013 10:21 PM >>>
----------------------------------------------------------------------------------
From: Lori Embree
Email: Ioriembree(cbymail.com
Subject: Booting of vehicle
Message:
Sirs/Ladies,
A friend of mine went to Chipolte Grill last Tuesday evening for takeout. The reserved
spaces for takeout were full. She parked in a numbered spot and went directly into the
restaurant without going to a kiosk. She returned 7 minutes later to find a her vehicle
ticketed and booted. The person who booted her car was not in a city vehicle, was parked
behind The Rowdy Beaver and was booting several other vehicles. He charged her $101.00
on the spot to unboot her vehicle. My question is who jacked her? The city or some
random person? Is this normal operating procedure?
Lori Embree
Page 1 of 1
Sharon Waters - Re: planning
From: Tawnya Skokos <tawnyaskokos@aol.com>
To: "Sharon Waters"<swaters(aci.fayetteville.ar.us>
Date: 10/1/2012 9:15 AM
Subject: Re: planning
The problem being the difference in private versus public . And they are not clearly marked. The parking lot at
Chipolte has a small sign not even the direction I was parked that is up on a pole that at night you would never
see or think to search for. When you drive into the lot it should be Perfectly clear or is it the reason the people
have these lots that in less than 10 min. while picking up an order ,had a 102 dollar ticket. The city can do
something about this, they control alot of other things in Fay. Recognized this weekend no ticket giving of the
bikers on LaFayette as they parked in front of my house, but game weekends have had My friends get a ticket
literally within minutes -But I'm sure Fay makes alot of money off that weekend, always gets down to that. Not
sure changes are for the people or to make money?? Tawnya
On Sep 28, 2012, at 6:08 PM, Sharon Waters wrote:
Ms. Skokos,
Thank you for your email. We believe that all of our parking lots are clearly marked. If you could be
more specific on which parking lot Wu are referring to., I will be happy to investigate the issue As far as
the cost of a parking fine, the fee is $15.00 for overtime parking.
Sharon Waters
Parking and Telecom Manager
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
Office: 479-575-8277
Fax: 479-575-8250
TDD: 479-521-1316 (Telecommunications Device for the Deaf)
sintat,ers@ci.iayette ille.ar.,.,s
>>> On 9/27/2012 at 9:16 PM, in message ?l l D? 79i=nar�{,ca ,i>,
Tawnya Skokos <<av+i, 3yasi<o!<os@aol.co; n> wrote:
To whom this concerns, How come you can come to downtown Little Rock
and the parking is clearly marked as to what kind of lot you are about
to enter or whether it is a pay lot or free lot and where to pay if
needed?Also, what is a reasonable ticket price 15, 105 or 550 or more?
You would think the city could have some influence over price
gouging.. Please respond. Sincerely, Tawnya Skokos
fileWCADocuments and Settings\scrosson\Local Settings\Temp\XPgrpwise\50695F4DFAYETTE... 10/1/2012
Page 1 of 2
Parking - Hawkeye Parking Problems
From: Noel Ottaviano <noel ottaviano@yahoo.com>
To: "parking@ci.fayetteville.ar.us" <parking@ci.fayetteville.ar.us>, "mayor@ci.fayetteville.ar.us"
<mayor@ci.fayetteville.ar.us>
Date: 8/18/2012 5:03 PM
Subject: Hawkeye Parking Problems
CC: Noel Ottaviano <noel.ottaviano@tyson.com>
Attachments: Photo Looking Out Toward Dickson Street - B.JPG; Photo Looking Out Toward Dickson Street
- A.JPG; Hawkeye Sticker - Ticket.JPG
Saturday August 18, 2012
Mayor Jordan,
Fayetteville Parking Authority,
I had a very poor experience in Fayetteville this past Friday night. After attending an Arkansas Women's soccer
game, I took my son and his new wife to the Orange Leaf for frozen yogurt. We parked in the lot across the
street at the Campus Bookstore. Also, with us, driving in their own car was my son's wife parents and bother.
They also parked dwir car in this lot.
After 20 minutes we came out to find both our cars booted. We were approached and asked how we wanted to
pay to get our cars un-booted. Unfortunately, it didn't seem we had any choice but to pay as our cars were being
held hostage. We both paid the attendant, who just happened to conveniently have a credit card machine to take
the $105 fine from us.
Today, I did a little research. First I called the number or, the sticker. It goes to a voice mail and no one has
called me back after 10 hours. The internet reports several people having problems with this company and the;
have an "F" rating with the Better Business Bureau. There is also an interesting news report that was on 4029.
I also discovered your ordinance 72.71 relating to private parking lots and the signage required. I have attached
some pictures so you can see how poorly signed this was and there is certainly not a 16 square foot sign next to
the entrance.
Attached find two pictures of the view from my car which was booted and a picture of the "fine" sticker. Below
find a Tank to the 4029 News report on this subject.
http://nwal-iomepage.com/fulitext/?rLxd id=200796
I do not have a problem with Fayetteville's parking program and have used it several times while visiting on
Dickson Street. What I do have a problem with is how this company is allowed to operate within the city. It
appears that they are not following the rules in regards to signage and visibility of signage and put people in a
position that there is no choice but to pay them. The fine also appears to be out of compliance with the amount
that can be charged per the various city ordinances.
I would encourage the Mayor and Parking Authority to review the actions of this company and develop
ordinances that will put their parking on a similar playing field with the City.
This is certainly no way to welcome visitors and local residents to the Dickson Street Entertainment district.
file://C:\Docunkents and Settings\scrosson\Local Settings\Temp\XPgmwise\502FCAF8FAYETTE... 8/24/2012
Page 2 of 2
Sincerely,
Noel Ottaviano
1938 Albright Rd
SPringdale, AR 72764
479-263-3798
file://C:\Documents and Settings\scrosson\Local A T-1031 s
(7/9/2012) Parking - Re: [Form mail from AccessFayetteville] - why did I get a boot?
Page 1 I
From: Melissa Elmore
To: thogs88@yahoo.com
CC: Parking
Date: 6/22/2012 3:15 PM
Subject: Re: [Form mail from AccessFayetteville] - why did I get a boot?
Attachments: Map of Parking in Entertainment District 2011_12_20.pdf
Ms. Hatcher
Thank you for your e-mail. We are sorry that you had an unpleasant experience while in the
Entertainment District. However, the lot in which you were parked is a privately owned lot, not one
that is owned or monitored by the city. The only method of enforcement the private lot owners have
is to either boot or tow the vehicles. The city does not use either of these
methods in the enforcement of our parking ordinances. Instead, as you stated in your e-mail, parking
citations are issued for those stall numbers that show as expired.
We appreciate you visiting our Entertainment District and hope that you will reconsider and visit the
Entertainment District again in the future. Remember, parking in the Entertainment District is FREE
until 2:00 PM daily, and parking in the downtown Square area is FREE nights and weekends.
We also have a convenient payment option which is our Pay -by -Phone feature. This allows patrons to
call in with their cell phone to pay for their parking in a numbered space, rather than having to go to a
pay station. We are very excited about this program and hope you will come and visit us soon to try it
Attached, for your convenience, is a map of parking in the Entertainment District. The privately
owned lots are shown as pink in color. For additional information, please visit our website at
www.accessfgygnt y lle.org ( htt /www.acc--ssfa,Zetteville.oro/ ). If you have any questions, please
feel free to contact our office at 479-575-8280.
Sincerely,
Melissa Elmore
Parking Management
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
479.575.8280 Phone
479.575.8250 Fax
479.521.1316 TDD (Telecommunications Device for the Deaf)
melmore@ci.fayetteville.ar.us
>>> <thogs88(c-Oyahoo.com> 6/22/2012 11:00 AM >>>
--------------------------
From: Theresa Hatcher
Email: thogs88C&yahoo.com
To: parkinq@ci.fayetteville.ar.us
Pagel of 3
Sharon Waters - Re: Parking
From: Don Marr
To: kjklarson@mac.com
Date: 5/25/2012 5:01 PM
Subject: Re: Parking
CC: Jordan, Lioneld; Waters, Sharon
Kari - I want to thank you for sending me this email below. We have had numerous complaints recently regarding the
"Depot" and "Club Haus" and "The Dickson" privately owned lots that boots and in some cases private lots tow. The City
does not boot or tow►, so we knew instantly from the email that this was a private lot. The City lots are also signed as
City Public lots. We encourage all of our businesses to encourage their patrons to park in City Municipal Lots were the
rates are lower, no booting or towing (towing only when parked in a fire zone).
We are going to have a discussion with Alderman about the Private Lots and look at possible ways to address this,
however it is very limited with private ownership. One of the ideas that was tried by the last two administrations was to
have the City Parking Staff monitor and operate these private lots, but the law prohibits the City from writing tickets on
private lots. To addr-P-56, that- lNe went to the Attorney General to get an epinien and basically to make aIGRq brief shen
and to the point, the City would have to lease these private lots. If we lease the lots then the City Council sets pricing,
and then a revenue sharing situation can take place if it can be negotiated with the Private Lot owners. We have had the
council want the rates to all, be comparable - and the private owners of parking lots are charging more and some don't
have a daily maximum so they have been unwilling to contract with the City and share (because we would need to be
paid something for the expense of monitoring the lots, etc.) revenue. We encourage patrons, businesses to forward their
complaints on these private lots to the lot owners. If enough people complain or don't park there, or park in the City
Public Lots first before paying the higher rates and being booted or towed, then the lower use might create a change
also. We appreciate getting these types of information because it will allow us to track these complaints as well,
however, we have no jurisdiction over their private lot program.
Thanks for sending it to me Kari.
Don
Don Marr
� k Y
E
FAY
RETTEVILLE
Chief of Staff for Mayor Jordan
113 W Mountain Street
Fayetteville, AR 72701
Office: 479-575-8330
--A Q^4+e, o\nn-v^n \T nnnl Co+tiv�rre�Tamr��Xl�rrrra�xneP\d�RFR4Ti%FAVFTT 5/�9/�fll�
Page 2 of 3
For TDD: (Telecommunications Device for the Deaf)
Dial479-521-1316
Email: dmarr@ci.favetteville.ar.us
Website: www.accessfayetteville.org
>>> Don Marr <dmarr@hr-factor.com> 5/16/2012 6:51 PM >>>
Sent from my Whone
On May 15, 2012, at 1:20 PM, "Kari J. Larson -Sill" <kjklar n@mac.corn> wrote:
I thought you would want to hear what our customers are saying. This is Diane Knight from Penguine Eds.
Thanks
Hog Haus Brewing Co.
vwvw.hogh' aus.cor r..
479.283.3515 (M) 479.443.9777 (0) 479.443.7882 (F)
Common Grounds Gourmet Espresso Bar
www.commongrounci'sar.com
Begin forwarded message:
From: Cyrus Mosley <cyruS(�,m-o _;_-v�i�.�
From: Diane Knight(mailto:diane.knight@sbcglobal.net)
Seat: 06/22/2011 9:10 AM
To: M CYRUS MOSLEY
Subject: forward to Kari
Hi Cyrus, My • • email for a:' doesn't work anymore.
Could you please forward this to her for me. Thanks so much,
Bear Kari:
I stopped in the other day. I wanted to tell you about a parking incident I had in the
ClubHaus/Campus Bookstore parking lot last Friday night. The reason I'm even
saying something about it, is because I know how much these things effect the
merchants on Dickson St.
I parked there at 7pm and finally figured out the meter didn't come on until 7:30, so I
went to George's to hear Earl Cate play and came out right at 7:30 to pay for parking.
file://C:\Documents and SettinLys\scrosson\Local Settin2s\Tem»\XPgrpwise\4FBFBAD7FAYETT... 5/29/2012
Page 3 of 3
It still wouldn't take my debit card and since there were about 10 other people trying
to pay I called both numbers listed on the sign, but no one answered. We all kept
trying to pay and some of us even took a photo of the error message in case the
parking lot people doubted our story.
Then when I came back again at 8:30 there were boots on my car and 4 others.
Even though I showed the attendants the several times I had tried to call to report the
trouble they insisted that their records showed people paying at 7:30 and 7:32 and
they basically gave us no option but to pay $105.
I went back the next night with my video carnera and this time I have a record of
trying to pay several times and the machine finally taking my card at 7:38, but my
receipt (which I still have) said 7:31. So basically this company is totally scamming
people.
I've talked to the City Attorney who advised me to either sue in District Court or
Circuit Court if I wanted to get a lawyer. I don't have a problem going to ClubHaus
and talking to Stew, but I just think about all the people that the parking lot company
has swindled and what a bad name they are giving Dickson St. The company,
Hawkeye Parking Enforcement, has an "F" rating by the Better Business Burea.
Personally, I would like to drive them out of town.
I don't know if this is a hot button item for you or not. If not I'll just try to get my
money back and the other 2 people I got names and numbers for on Friday. But if it
bothers you and any other merchants I'll take it to another level.
just let-rm krrow. I'd be gtad to come down aftd talk too!. -Thanks
file://C:\Documents and Settings\scrosson\Local Settings\Temp\XPgrpwise\4FBFBAD7FAYETT... 5/29/2012
Page 1 of l
Parking - Re: Misleading signs
From: Sharon Waters
To: Mussino, April; Parking, parking@ci.fayetteville.ar.us
Date: 4/30/2012 3:24 PM
Subject: Re: Misleading signs
Attachments: photo.JPG
Dear Ms. Mussino,
We received your email regarding "misleading signs" with a picture attached. This picture appears to be a sign in the
private lot owned by University Baptist Church. Please contact them directly with any concerns or issues you may have
experienced while parking in their lot.
We appreciate you visiting our Entertainment District and hope you continue to enjoy the many attractions
Downtown Fayetteville has to offer. Remember, parking in the public spaces in the Entertainment District is
FREE until 2:00pm daily, and parking in the downtown Square area is FREE nights and weekends.
For more information on our parking programs and a map of the Downtown and Entertainment District areas,
please visit our website at timmi. accessfa ettev;?`Ie.-oL- Thank you for visiting our Entertainment District and
hope you visit us again soon. if you have any questions, please feel free to contact our office at 479-575-
8280.
Sincerely,
Sharon Waters
Parking & Telecom Manager
City of Fayetteville Parking Management
113 W. Mountain Street
Fayetteville, Arkansas 72701
(479) 575-8280 Office
(479) 575-8250 Fax
(479) 521-1316 TDD line for the hearing impaired
>>> On 4/26/2012 at 5:51 PM, in message<5BD13AF0-F099-49CE-9A29-BC7557861C79@cox.net>, April Mussino
<mussinos@cox.net> wrote:
N vv&� 5,,-'o
file://C:\Documents and Settings\scrosson\Local Settings\Temp\XPgrpwise\4F9EAEC9FAYETT... 4/30/2012
(1/31/2012 j Sharon Waters - Fwd Re complaint copy of email sent to parking authority Page 1
From: Darrin Wright
To: Waters, Sharon
Date: 1/31/2012 7:50 AM
Subject: Fwd: Re: complaint - copy of email sent to parking authority
Attachments: Space 23 (Greg House Lot) 01-30-12.jpg; Map of Parking_in_Entertainment Dis
trio2011_12_20.pdf
>>> Don Marr 1/30/2012 7:18 PM >>>
Ms. Cindy Sisemore -
Mayor Jordan forwarded your complaint regarding your payment and parking experience on Dickson Street 1/29/12 when we
returned to the office today from the weekend.
First, let me say I am song you had this experience. We are trying hard to make sure that the City does everything in our power to
have proper operating equipment, considerate enforcement staff and works to help our citizens understand the program, and
requirements. When we get a complaint such as the one you shared with the Mayor, we fully investigate the situation and try for
resolve any issue if at all possible with the City parking program.
I have investigated your complaint, and I have attached a copy of a picture (see below) showing the parking space in which you
reference in your complaint email to the Mayor. It is space 23 in what is referred to as the "Depot Parking Lot" area. This is PoLa
City of Fayetteville owned and operated parking lot. This parking space (number #23) is not a City owned parking space. The
parking space you speak of is not owned or operated by the City of Fayetteville, but rather a private individual company -
responsible for setting their own parking rates, hours, towing and booting policies. The contact information for this private lot is
posted within the lot Itself. In order to resolve your un-refunded $100 payment, unforh inateiy ynu will nePrLtocontact the private
company/individual who is responsible for this parking lot operation. The City can not authorize a refund for a non -city owned
space/lot.
In the future, I want to encourage you to utilize the city parking lots, as our rates, are less expensive (only$1.00 per hour after 5
pm and a daily maximum of $5.00 vs. a higher dollar rate per hour and no daily maximum for this lot), and there are call buttons
for you to talk with staff if you run into an equipment issue. To help facilitate for you where those City lots exist - I have also
attached a parking map to this email which will show you which lots are owned and operated by the City of Fayetteville (gold
colored lots) and those lots operated by private companies which are not owned and operated by the City lots (these lots are
indicated in pink). The on street parking which is city owned and operated is colored green, and residential only which is colored
brown. If a street is green solid line, and dashed brown line, then it is available to both patrons and residents. If it is solid brown
marking on the attached map, then parking is only available by permit for residents of that residential area.
All private lots are required to post their contact information, and whether or not they tow or boot - so you should find the private
company contact information posted within the lot where you had your bad experience.
Respectfully,
Don Marr
Chief of Staff, City of Fayetteville
479-575-8330
Don Marr
Chief of Staff for Mayor Jordan
113 W Mountain Street
Fayetteville, AR 72701
Office: 479-575-8330
For TDD: (Telecommunications Device for the Deaf)
Dial 479-521-1316
Email: drnarr(&ci.favefteviille_ar_Lis
Website:
>>> Darrin Wright 1/30/2012 2:35 PM >>>
Mr. Marr,
j Sharon Waters - Fwd: Re: complaint - copy of email sent to parking authority Page 2
I wanted to physically go on site to conclude my thoughts. The parking space is on Greg Houses private lot. Attached is a photo to
provide you with what I observed. Please let me know if you need me to do anything else on this. incident.
Thank You,
Darrin Wright, Operations Supervisor Parking Management & Telecommunications
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
479.575.8246 Phone
479.575.8250 Fax
479.521.1316 TDD (Telecommunications Device for the Deaf)
lnari ,-ihtl,aci.favetteviile ar.us
>>> Don Marr 1/30/2012 1:54 PM >>>
Darrin - Per our phone call. Here is the email the Mayor received today.
Thanks,
Don
Don Marr
Chief of Staff for Mayor Jordan
Fayetteville, AR 72701
Office: 479-575-8330
For TDD: (Telecommunications Device for the Deaf)
Dial 479-521-1316
Email: dmarrneci.fayeiie- ille.ar.us
Website: ;VaJVd.BC EJSSIayeti2ViiiG_Of"(�( ilito_�:>>i:'s"v1.cSC 5>I:a'v iC `Iitle.C!"C)/)
>>> <littlesisemoreryahoo.com> 1/30/2012 11:39 AM >>>
From: Cindy Sisemore
Email: li tclrs!senioreCajvahoo. corn
To: ma, or d.favetteville.ar.us
Subject: copy of email sent to parking authority
Message:
I have sent this to the parking authority but feel the Mayor's office should also be aware of these parking issues.
I have a problem with the meters not accepting cash/coin money. I tried to use the parking meter last night (1/29/12 approximately
IOpm) by Rowdy Heaver space #23 and it took my dollar but would not accept my coins then would not return the dollar that I had
already entered into the slot and did not give me a receipt. So then I needed to use my debit card to make sure the space was
entered into your system so I would not get a parking ticket. I am requesting my dollar back from the city since you are double
dipping. And seriously want these concerns looked into, if you are going to make people pay to park, then have your equipment up
and running for all types of payment.
Page 1 of 1
Sharon Waters - Fwd: [Form mail from AccessFayetteville] - Rip off in Fayetteville
From: Webmaster
To: Parking
Date: 8/12/20118:16 AM
Subject: Fwd: [Form mail from AccessFayetteville] - Rip off in Fayetteville
Webmaster
www.accessfayetteville.org
City of Fayetteville, Arkansas
webmaster@ci.fayetteville.ar.us
>>> <nobody@accessfayetteville.org> 8/11/2011 10:14 PM >>>
----------------------------------------------------------------------------------
From: Visitor
Subject: Rip off in Fayetteville
Message:
I am from out of state and while visiting Fayetteville we stopped to get some yogurt at orange leaf and parked at 7:00
pm in the lot by the book store and was not gone for more than 10 mins when we came back there where two parking
boots on our car and the guy in the lot told us that we had to pay him a fine of 105 dollars for the parking fine and
while we were there trying to understand what just happen there were two locals that also parked in the same lot and
he stopped them and warned them so they could move their car but the out of towners get the fine. I asure we will not
visit fayetteville again and we are starting a campain to tell everyone we know and every one we dont know about the
treatment we received while in this awful city. We took our vacation dollars to Rodgers and Bentonville
We will never come here again !!!
file://C:\Documents and Settings\scrosson\Local Settings\Temp\XPgrpwise\4E44E149FAYETTE... 7/15/2013
From:
<agneswallace@hotmail.com>
To:
<webmaster@ci.fayetteville.ar.us>
CC:
<parking@ci.fayetteville.ar.us>
Date:
1/23/2013 8:02 AM
Subject:
[Form mail from AccessFayetteville] - parking enforcement/Boot Question
From: Agnes Wallace
Email: agneswallace@hotmail.com
To: parking@ci.fayetteville.ar.us
Subject: parking enforcement/Boot Question
Message:
my daughter parked in a spot beside Chipolte on Dickson street for 5 minutes and was booted by Hawkeye Towing. I'm perplexed
as to why she did not receive a ticket. Is this a City hired tow company, or one hired by Chipolte? She parked in a City lot.
Thank you for the clarification.
From:
<nobody@accessfayetteville.org>
To:
<webmaster@ci.fayetteville.ar.us>
CC:
<parking@ci.fayetteville.ar.us>
Date:
5/20/2012 1:11 AM
Subject:
[Form mail from AccessFayetteville] - Hawkeye Parking
From: Chris Sims
To: parking@ci.fayetteville.ar.us
Subject: Hawkeye Parking
Message:
I realize that you will do nothing and simple say that they are not affliated with the town of Fayetteville and the rules were not
followed, but the fees attributed by such a little town are greater than most major metro cities. An hour late a hundred dollars, I
should have driven home buzzed it would have been cheaper. Or at least thats what I will think from now on as I tell everyone to
stay away from the town of Fayetteville and its parking fees. I mean I was used to getting raped in the city for parking but this town
takes it to a whole new level. I would like a name of someone to contact regarding damage to my tire -rim where the boot was put on
please.
From:
<thogs88@yahoo.com>
To:
<webmaster@ci.fayetteville.ar.us>
CC:
<parking@ci.fayetteville.ar.us>
Date:
6/22/2012 11:01 AM
Subject:
[Form mail from AccessFayetteville] - why did 1 get a boot?
From: Theresa Hatcher
Email: thogs88@yahoo.com
To: parking@ci.fayetteville.ar.us
Subject: why did I get a boot?
Message:
June 15, 1 was parking in the numbered parking. I paid for 2 hours of parking. I realized later than I was 20 minutes over my time
limit and went to put more time on my space. I was extremely angry when I found my car had been booted and it would cost $102 to
remove the boot. Having no other choice, I paid the amount. I fully expected a ticket and would have paid it promptly but I never
expected a boot for going 20 minutes over the limit, especially with plentiful empty spaces around me. But rest assured, I will never
ever pay the city of Fayetteville another penny of my hard earned money for parking or to attend any kind of event. I will find my
From:
<ksupurple5@yahoo.com>
To:
<webmaster@ci.fayetteville.ar.us>
CC:
<parking@ci.fayetteville.ar.us>
Date:
6/26/2013 3:24 PM
Subject:
[Form mail from AccessFayetteville] - Parking
From: Dave and Lori Kohl
Email: ksupurple5@yahoo.com
To: parking@ci.fayetteville.ar.us
Subject: Parking
Message:
We came to Fayetteville last Friday evening for a baseball tournament, our first visit to your City. We parked in a lot that had a
machine for payment. It asked for exact change, which we didn't have, so we just put in a $5 bill for a couple hours. There was no
receipt. We were meeting other baseball parents for pizza, didn't think we'd be there long. Turns out, some of the parents who were
also first time visitors got lost so were delayed in meeting us. We were served later in a crowded restaurant, and were trying to
locate our waitress so we could leave as we knew it was close to our 2 hours parking time limit. As we hurried back to our car, we
saw some attendants pUtfing a "haaV'nn one of n F tires. VVe explained that we were neweemers, got delayed by eiFeurnstanees
beyond our control, asked them to give us a break. They refused until we paid them $102! 1 thought this to be excessive with going
a short period of time over our limit. This was our first experience with Fayetteville and probably our last. I asked if they could
reduce the fee and they said no. We have 3 kids college bound in the next 4 years, kind of left a bad feeling of the entire community
over this one. Do we have any options to get our fee reduced? I already called the parking company contracted for this lot and they
basically said "too bad so sad". Sincerely, Lori Kohl
From:
<nobody@accessfayetteville.org>
To:
<webmaster@ci.fayetteville.ar. us>
CC:
<parking@ci.fayetteville.ar.us>
Date:
8/11/2011 10:18 PM
Subject:
[Form mail from AccessFayetteville] - parking sucks
From: Visitor
To: parking@ci.fayetteville.ar.us
Subject: parking sucks
Message:
WE got fined while visiting from out of state for 10 mins 105 dollars you should be ashamed of your self
Will never be back again.
(7/16/2013) Melissa Elmore - [Form mail from Access FayetteviIle] - Parking complaint
Seite1
From:
<campmcculloch@gmail.com>
To:
<webmaster@ci.fayetteville.ar.us>
CC:
<parking@ci.fayetteville.ar.us>
Date:
1/2/2011 3:23 PM
Subject:
[Form mail from AccessFayetteville] - Parking complaint
From: Matthew S. Laird
Email: campmcculloch@gmail.com
To: parking @ci.fayetteville.ar. us
Subject: Parking complaint
Message:
I patronized George's Majestic Lounge on New Year's Eve and what was a fine evening was completely
ruined by the boot I found on my vehicle immobilizing it when I returned to my parking stall (#29 by the
Campus Bookstore). The problem that I had with the episode in it's entirety is the fact that I paid for my
parking. The machine malfunctioned while I was putting in the final dollar bill and did not print a receipt.
It also did not do what the representative from the company that manages those machines said it would
do. It did not automatically return to what I was doing when I touched the keypad. It had completely reset
itself and as a large line of other patrons had formed, I had to hope that it recorded the money that I put
into the machine. It did not and as a result the very reasonable five dollar parking fee turned into a
ridiculous one hundred and ten dollars.
I served in the Marine Corps and I also served Benton County and the City of Rogers as a Police Officer
so I am very attuned to the necessity of following the rules. I live by a higher standard of moral and
ethical behavior even though I am no longer an active member of law enforcement. I follow the law. I
paid for my parking and I was unjustly fined and my vehicle was unnecessarily immobilized which led to
further financial hardship at one of the worst times for me. This is not the first time this has occurred as a
result of your machines as there have been too many documented complaints about exactly this
happening to other people. When I tried to explain my side of the issue I was told that there was nothing
that could be done. Even the person who came to remove the boot acted as though she could care less
about a report of a malfunctioning machine. Though I was very upset, I maintained my composure and
simply tried to alert her of the problem.
This lack of courtesy to visitors of your city in the name of making just a few more dollars for the city's
coffers is going to accomplish nothing except generating more negative feelings toward the city of
Fayetteville and toward the so named, "Entertainment District," contained therein. This will have the
direct result of causing the citizens who are thusly affected to spread the word to their friends and family
and the end result will be a loss of revenue that I hope your parking meters will compensate for when we
all decide, as I have now, to avoid your businesses for other areas of Northwest Arkansas. The victims of
this crime of negligence and lack of due diligence on your part will only be the very valuable small
business owners who maintain businesses in the Entertainment District.
DATE DAY OF WEEK
19-Se -12 CALL REGISTER Wednesda
Msg/In/Out TIME NAME / PHONE # / MESSAGE CALL COMPLETED
In 8:32 AM Lana - someone called Chamber @ 3am - booted in private lot - Sherry
Card 479 462 3519 - said also called Police (told could not help/felony to
call
Out 9:08 AM Sherry Card 479 462 3519 - frustrated - no one answered line - Dickson
Street Bookstore lot - vehicle - Mitsubishi - tags say 3 dogs +<'
DATE
21-Sep-1 2
DAY OF WEEK
CALL REGISTER Friday
Ms/In/Out
TIME
NAME / PHONE # / MESSAGE
CALL COMPLETED
In
12:38 PM
report a way just treated - parked in Fayetteville Depot - Houses Inc -
wrongly booted - paid/put receipt in windshield - paid for 1 hour / in
only 30 mins - person cussed at her - argument regarding boot -
VERY RUDE!!!
NORTHWEST ARKANSAS DEMOCRAT -GAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
THE MORNING NEWS OF ROGERS FZECEIV
ED
I EVSP-"- EDCLLC IX0 NORTHWEST ARKANSAS TIMES
BENTON COUNTY DAILY RECORDron
212 NORTHEAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479-442-1700 1 WWW.NWANEWS.COM (0TTY(DFjFT
(ajyi�fSQFPjCE
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 5610
Was inserted in the Regular Editions on:
September 12, 2013
Publication Charges: $ 103.76
Holy Andrews
Subscribed and sworn to before me
This (p day of ' 2013.
Notary Public
My Commission Expires: ?j20/2z ► y'
C l Iv J, \NILES
Eanton COLIMY
M\+Commission Expires ;_
a >.
�February 20, 2014
* *NOTE* *
Please do not pay from Affidavit. Invoice will be sent.
F.. RECEIVED
SEP 2 7 2013
CITY of FAYETTEVILLE
c1Tyf4Rff9FMCUI'1' COURT OF WASHINGTON COUNTY, ARKANSAS
CIVIL DIVISION
HAWKEYE TOWING ENFORCEMENT, INC.
V. Civil No. U6 S--1
6L-al v
APPELLANT
CITY OF FAYETTEVILLE APIE�'CLL 'r�
t"-
�, CJ
NOTICE OF APPEAL AND DESIGNATION OF RECOR1), --n
=+7
Notice is hereby given pursuant to Ark. Code Ann. §14-56-425, as�P7-i
enderFbyr,i
�f W
2013 Ark. 1-113 1826, and Arkansas District Court Rule 9 that Hawkeye' '['c ingW
Enforcement, Inc. appeals to the Circuit Court of Washington County, Arkansas from the
decision of the Fayetteville City Council on September 3, 2013, approving; Ordinance
No.5610, an Ordinance to Enact §72.73 Regulation of Wheel Clamps or Booting on
Private Pay to Park Lots Within the Entertainment District Parking Zone and the
Downtown Business Parking; District Zone in to Fayetteville Code. Appellant hereby
designates as the record on appeal the Minutes of the Fayetteville City Council Meeting;
on September 3, 2013, along with any and all additional documents and other materials
which comprise the record of that proceeding and the decision at issue.
Dated this 25'h day of September, 2013.
HAWKI-YL. TOWING ENFORCEMENT,
INC., Appellant
Ll-
By:
_ A)w (), �41
William 13. Pu an, #91 198
Taylor Law Partners
303 L. Millsap Road
P.O. Box 8310
Fayetteville, AR 72703
(479) 443-5222 (Tel)
(479) 443-7842 (Fax)
wbputmaii a taylorlawpartizers.com
CERTIFICArI'I� OF SERVICE
I, William 13. Putman, state that on this 144 day of September, 2013, I have
served a true and correct copy of the above and foregoing document in accordance with
District Court Rule 9 by depositing a copy of the same in the U.S. Mail, postage prepaid,
return receipt requested, to:
Mayor Lioneld .Jordan
113 W. Mountain St.
Fayetteville, AR 72701
2