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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 ��►t►►no►►tr o�•�`�RK � rR''%. •�� �' °G\-� Y 0 FAYETTEVILLE .�— ° r �`�' ° kANSP•°°� 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 / iwu /&— /3 D e E ER • Received in g �� Mayor's Office Date Comments: Received Clerk's Office Revised January 15, 2009 Departmental0 le it I - spondence 6Y T V 7T T 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 • 'Vl 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