HomeMy WebLinkAboutOrdinance 6619113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6619
File Number: 2022-0921
§72.02 NONCONSENSUAL, POLICE -INITIATED TOWING, STORAGE AND
IMPOUNDMENT PROCEDURES:
AN ORDINANCE TO AMEND §72.02 NONCONSENSUAL, POLICE -INITIATED
TOWING, STORAGE AND IMPOUNDMENT PROCEDURES TO ALLOW TOWING OF
A TRAILER BLOCKING AN ALLEY
WHEREAS, vehicles parked in alleys which prevent property owners from using their abutting alleys
for normal use are already illegal, pursuant to the Fayetteville Code, but also should be subject to
police -initiated nonconsensual tows.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends §72.02 (A) of
the Fayetteville Code so (A) shall be as follows: "In addition to ticketing an illegally parked vehicle or
trailer, the Police Department is hereby authorized to initiate a nonconsensual tow or otherwise remove
a vehicle or trailer from a highway, highway right-of-way, street, street right -of -way, constructed alley,
trail, trail right-of-way, city parking lot or other city owned property or right-of-way not authorized for
parking, and have it towed to a storage facility within Fayetteville or within three miles of the city limits
under the following circumstances:"
Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby amends §72.02 (A)(3)
and subsection (3)(a) to read as follows:
"(3) When any vehicle or trailer is parked or left unattended upon a city street, street right-of-way,
constructed alley, trail, or trail right-of-way and:
(a) Constitutes a hazard or obstruction to the normal movement of traffic or vehicles on the
Page 1 Printed on 10119122
Ordinance: 6619
File Number 2022-0921
street, constructed alley, or trail;"
PASSED and APPROVED on 10/18/2022
Attest:
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• � -'� erg•• •�1
Kara Paxton, City Clerk Treasurer i tkOTAPy _`i••
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Page 2 Printed on 10119122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0921
Agenda Date: 10/18/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.3
§72.02 NONCONSENSUAL, POLICE -INITIATED TOWING, STORAGE AND IMPOUNDMENT
PROCEDURES:
AN ORDINANCE TO AMEND §72.02 NONCONSENSUAL, POLICE -INITIATED TOWING,
STORAGE AND IMPOUNDMENT PROCEDURES TO ALLOW TOWING OF A TRAILER
BLOCKING AN ALLEY
WHEREAS, vehicles parked in alleys which prevent property owners from using their abutting alleys for
normal use are already illegal, pursuant to the Fayetteville Code, but also should be subject to police -initiated
nonconsensual tows.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends §72.02 (A) of the
Fayetteville Code so (A) shall be as follows: "In addition to ticketing an illegally parked vehicle or trailer, the
Police Department is hereby authorized to initiate a nonconsensual tow or otherwise remove a vehicle or trailer
from a highway, highway right-of-way, street, street right -of -way, constructed alley, trail, trail right-of-way,
city parking lot or other city owned property or right-of-way not authorized for parking, and have it towed to a
storage facility within Fayetteville or within three miles of the city limits under the following circumstances:"
Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby amends §72.02 (A)(3) and
subsection (3)(a) to read as follows:
"(3) When any vehicle or trailer is parked or left unattended upon a city street, street right-of-way, constructed
alley, trail, or trail right-of-way and:
(a) Constitutes a hazard or obstruction to the normal movement of traffic or vehicles on the street,
constructed alley, or trail;"
City of Fayetteville, Arkansas Page 1 Printed on 1011912022
Mike Reynolds
Submitted By
City of Fayetteville Staff Review Form
2022-0921
Legistar File ID
10/18/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/26/2022 POLICE (200)
Submitted Date Division / Department
Action Recommendation:
Staff recommends amending Fayetteville City Ordinance §72.02 Nonconsensual, Police Initiated Towing, Storage
and Impoundment Procedures to include illegally parked trailers and constructed alleys_
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? No Current Budget $
Funds Obligated $ -
Current Balance
Does item have a cost? No Item Cost $ -
Budget Adjustment Attached? No Budget Adjustment $ -
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Previous Ordinance or Resolution #
Approval Date:
V20210521
CITY OF
FAYETTEVILLE
W-1110W ARKANSAS
MEETING OF OCTOBER 18, 2022
TO: Mayor and City Council
FROM: Mike Reynolds, Chief of Police
DATE: September 26, 2022
CITY COUNCIL MEMO
SUBJECT: Providing the Fayetteville Police Department the Right to Tow a Trailer
Blocking an Alley
RECOMMENDATION:
Staff recommends amending Fayetteville City Ordinance §72.02 Nonconsensual, Police
Initiated Towing, Storage, and Impoundment Procedures to include illegally parked trailers and
constructed alleys.
BACKGROUND:
Last year, a complaint was filed with code compliance against a resident who had parked a
large trailer in a public alley. The City prosecutor filed a criminal case over the matter for
violation of 98.01 Obstruction Prohibited. Unfortunately, the trailer's owner failed to appear and
the trailer is still illegally parked.
DISCUSSION:
To give the Fayetteville Police Department the power to remove illegally parked trailers blocking
alleys, 72.02 Nonconsensual, Police -Initiated Towing, Storage, and Impoundment Procedures
will need to be amended to include illegally parked trailers and constructed alleys.
BUDGET/STAFF IMPACT:
There is no budget or staff impact with this item.
Attachments:
City Attorney Memo
City Attorney Departmental Correspondence
Letter from Lamar Pettus
Proposed Change to Ordinance 72.02
Photos
City Ordinance 72.02
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
4
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
CC: Susan Norton, Chief of Staff
Chief Reynolds _
FROM: Kit Williams, City Attorney
DATE: July 22, 2022
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
RE: Extend Police -initiated Towing, Storage and Impoundment Powers to
Tow a Trailer Blocking a Constructed Alley or Trail
I think that the ordinance I drafted to give our Police Department
authority to have a trailer blocking a constructed alley or trail should go forward
to the City Council. I realize that the large semi -sized trailer which has blocked a
paved alley for over a year will still be a logistics problem, but the City through
its police force should have authority to tow away trailers improperly blocking
paved alleys.
The City Prosecutor's prosecution attempt has been unsuccessful as the
owner failed to appear for his criminal case. A Failure to Appear warrant has
been issued, but the owner has not been served nor arrested yet. Thus, the trailer
remains illegally parked in and blocking an alley to the detriment of his
neighbors. The City needs the power and authority to nonconsensually tow this
trailer (and any other offending trailer) even though it will be a difficult
proposition.
I have attached my proposed Agenda Memo, which I supplied on May 19,
2022. 1 still believe it is better for City Staff or the Fayetteville Police Department
to be the sponsor of this code change ordinance.
L]
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
CC: Kara Paxton, City Clerk/Treasurer
Susan Norton, Chief of Staff
Chief Reynolds
FROM: Kit Williams, City Attorney
DATE: May 19, 2022
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
RE: Providing the Fayetteville Police Department the Right to Tow a Trailer
Blocking a Paved Public Alley
Last year Council Members Petty and Kinion assisted Lamar Pettus in filing a
complaint in Code Compliance against a neighbor that had blocked a paved alley
needed for use by Mr. Pettus. Evidently Code Compliance had to refer this
complaint to the City Prosecutor who properly filed a criminal case for violation of
§98.01 Obstruction Prohibited: "It shall be unlawful for any person to obstruct any
street, alley or sidewalk or to choke up any gutter in the city."
Unfortunately, the trailer's owner failed to appear for his criminal trial. A
failure to appear was issued for the trailer's owner, but he has not been able to be
served with that and his trailer is still illegally blocking the alley. I understand that
an additional criminal prosecution for the continuing violation of §98.01 is in the
works.
To give the Fayetteville Police Department the power to remove this illegally
parked trailer blocking the alley, §72.02 Nonconsensual, Police -initiated Towing,
Storage and Impoundment Procedures will need to be amended to include illegally
parked trailers and also to include alleys. When enforcing criminal violations or
authorizing the seizing personal property (like a trailer), the Fayetteville Code must
provide clear and unambiguous authority to the Fayetteville Police Department.
Thus, an amendment is needed before this trailer can be towed by the Police to open
up normal use of the paved alley for nearby residents. Attached is Mr. Pettus' letter
and two photos of the large trailer blocking the paved public alley.
Lamar Pettus
PO Box 10306
Fayetteville, AR 72703-0041
pettus720@icloud.com
479-530.4719
May 12, 2022
Mayor Lioneld Jordan
City Hall
113 W. Mountain Street
Fayetteville, AR 72701
Dear Mayor Jordan:
RECEIVED
MAY 17 Z022
CITY OF FAYE TEVILLE
MAYOR'S OFFICE
I hate to bother you with the following matter; however, a year has passed since I brought this
matter to the attention of members of the City Council, Mr. Matthew Petty and Mr. Mark Kinion.
I appreciate their immediate assistance and have no criticism of either.
The problem: Robert Drew Spurlock, 114 W. Watson St. has moved a trailer into City Alley
164. This trailer is the type pulled by a tractor and the units are commonly referred to as "18
wheelers". Alley 164 is a north south alley lying between property owned by Pettus Family,
LLC (104/106 W. Watson) and Mr. Spurlock (114 W. Watson). Alley 164 intersects Alley
362. Alley 362 dead ends into the Pettus Family LLC property.
With the assistance of Mr. Kinion and Mr. Petty, I filed a Code Compliance Complaint against
Mr. Spurlock. I do not know the results of that complaint.
An action was brought against Mr. Spurlock for a violation of City Code 98.01, obstructing
an alleyway. The action is filed in District Court as Case No. CVZD-2021-000349.
On January 21, 2022 in response to my inquiry of the status, Mr. Chad Ball, Investigator,
City Prosecutor's Office sent an email stating a hearing or trial was scheduled for 1 /19/22
and Mr. Spurlock failed to appear.
Mayor Jordan, not only is this trailer blocking an Alley, it constitutes a fire hazard. At one time
in 2021, it appeared a person was living in the trailer. If so then it is a health hazard.
I am enclosing some photographs printed on my printer. I would request you drive by 114
W. Watson and get a personal view of what has happened.
Thank you for you past, present and future service to the people of the City of Fayetteville.
ORDINANCE NO.
AN ORDINANCE TO AMEND §72.02 NONCONSENSUAL, POLICE -INITIATED
TOWING, STORAGE AND IMPOUNDMENT PROCEDURES TO ALLOW TOWING OF
A TRAILER BLOCKING AN ALLEY
WHEREAS, vehicles parked in alleys which prevent property owners from using their abutting
alleys for normal use are already illegal, pursuant to the Fayetteville Code, but also should be
subject to police -initiated nonconsensual tows.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l : That the City Council of the City of Fayetteville, Arkansas hereby amends §72.02 (A)
of the Fayetteville Code to add "constructed alleys" and amends subsection (3) and subsection
(3)(a) to read as follows:
"(3) When any vehicle or trailer is parked or left unattended upon a city street, street right-of-
way, constructed alley, trail, or trail right-of-way and:
(a) Constitutes a hazard or obstruction to the normal movement of traffic or vehicles on the
street, constructed alley, or trail..."
PASSED and APPROVED this
APPROVED:
LIONELD JORDAN, Mayor
day of
ATTEST:
M.
, 2022.
KARA PAXTON, City Clerk/Treasurer
4
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Fayetteville, AR Code of Ordinances
72.02 - Nonconsensual, Police -Initiated Towing, Storage And Impoundment Procedures
about:blank
(A) In addition to ticketing an illegally parked vehicle, the Police Department is hereby authorized
to initiate a nonconsensual tow or otherwise remove a vehicle from a highway, street, street
right-of-way, trail, trail right-of-way, city parking lot or other city owned property or right-of-
way not authorized for parking, and have it towed to a storage facility within Fayetteville or
within 3 miles of the city limits under the following circumstances:
(1) When any vehicle is left unattended upon any bridge, viaduct or causeway or in any tunnel
where such vehicle constitutes an obstruction to traffic.
(2) When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and
the person in charge of the vehicle is by reason of physical injury incapacitated to such an
extent as to be unable to provide for its custody or removal.
(3) When any vehicle is parked illegally and left unattended upon a street, street right-of-way,
trail or trail right-of-way; and
(a) Constitutes a hazard or obstruction to the normal movement of traffic on the street or
trail;
(b) Obstructs a driveway or access to a fire hydrant,
(c) Is parked in a prohibited area or tow away zone that is so designated by a sign or other
official markings; or
(d) Is parked continuously upon any street for more than seventy-two (72) hours.
(4) When any vehicle is parked beyond the period allowed in a city parking lot and the parking
space is needed for reserved parking or a special event or if parked more than twenty-four
(24) continuous hours beyond the period allowed. The Mayor or Mayor's designee may
also order such illegally parked vehicle in a city parking lot to be towed at the vehicle
owner's expense.
(5) If a difficult to tow vehicle that cannot reasonably be towed by the property owner's
normal towing company needs to be removed from a private parking lot, the parking lot
owner may request the police department to initiate a nonconsensual tow. If the police
officer agrees that the vehicle presents an unusual and difficult towing situation and the
property owner presents facts to support a substantial need for the immediate removal of
the vehicle, the police officer may initiate a nonconsensual tow using the Police
Department's normal towing company.
(B) Whenever the Police Department removes a vehicle from a prohibited parking area under this
section and does know or is able to ascertain from the registration records in the vehicle the
name and address of the owner thereof, the Police Department shall immediately give or
cause to be given notice in writing to such owner of the fact of such removal and the reasons
1 of 2 9/26/2022, 9:20 AM
Fayetteville, AR Code of Ordinances
therefor and the place to which such vehicle has been removed.
about:blank
(C) Whenever the Police Department moves a vehicle from a prohibited parking area under this
section and does not know and is not able to ascertain the name of the owner, or for any
other reason is unable to give the notice to the owner as hereinabove provided, and in the
event the vehicle is not returned to the owner within a period of three (3) days, written report
of such removal shall be made to the state department whose duty it is to register motor
vehicles. Such notice shall include a complete description of the vehicle, the date, time and
place from which removed, the reasons for such removal, the name of the garage or place
where the vehicle is stored.
(D) The owner or lessee of any vehicle towed or impounded pursuant to this section is entitled to
a prompt post -deprivation hearing and all rights there under as provided in §72.58(L). The
owner or lessee of any vehicle properly towed pursuant to this section shall be required to pay
the towing and storage costs.
(Code 1965, §19-140; Ord. No. 1447, 6-7-65; Ord. No. 2630, 5-6-80, Code 1991, §72.02; Ord. No. 4388,
4-16-02; Ord. No. 5326, 6-1-10; Ord. No. 5843, §§1, 2, 1-19-16)
2 of 2 9/26/2022, 9:20 AM
NORTHWEST ARKANSAS
Democrat V Gazette
P.O. Box 1602, FAYETTEYILLE, AR 22702. 419-U4 1700 ° FA%. 479.695d118 • WWW NWADG.CON
AFFIDAVIT OF PUBLICATION
1, Paola Lopez, do Solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as Stated below.
City of Fayetteville -Clerks Office
Ord. 6619
Was inserted in the Regular Edition on:
October 23, 2022
Publication Charges: $142.88
�C/__ /
Paola Lopez /%
Subscribed and sworn to before me
This u day of M4 , 202n2.
j. //
Notary Public (�1/�C�
My Commission Expires: 2,1Z44
"NOTE"
Please do not pay from Affidavit.
Invoice will be sent
Cathy Wiles
Benton COUNTY
NOTARY PUBLIC —ARKANSAS
My Commission Expires 02-20-2024
Commission No. 12397118
Ordinance: 6619
Fila Numbs 2022-0921
In.02 NONCONSENSUAL, POLICE-
INITIATEDTOWING, STORAGE
AND IMPOIND
PROCEDURES:
AN ORDINANCE TO AMEND 172.02
NONCONSENSUAL, POLICE -
INITIATED TOWING. STORAGE
ANDIMPOINDMENT
PROCEDURES TO ALLOW TOWING
OF A TRAILER BLOCKING AN
ALLEY
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NOW, THEREFORE,
ORDAINED BY THCI ITE CITY COUNCIL
OFTHECITY FAVETTEVILLE,
ARKANSASAS:
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PASSED wAPP
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PROVEDon
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Jordan, Miry.
Atrmc
Kw Piston, City Clerkr
This publicerion wen paidd for (or by by the City
Qesk-Tremomrofthe of
At
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111 On23, 2022