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HomeMy WebLinkAboutOrdinance 6661113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6661 File Number: 2023-674 AMEND §72 PARKING REGULATIONS: AN ORDINANCE TO AMEND CHAPTER 72 PARKING REGULATIONS OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO ESTABLISH AND ADMINISTER RULES REGULATING PARKING FEES IN ESTABLISHED PARKING ZONES, AND TO MAKE TECHNICAL REVISIONS WHEREAS, analysis of downtown parking inventory and utilization shows opportunities in which changes to the City's rate and regulatory structure may create greater parking availability and enhance the customer and visitor experience within our downtown and entertainment district areas; and WHEREAS, a major objective of parking management is to create an environment in which some degree of available parking can always be found; and WHEREAS, there are many strategies that can be deployed to help achieve this objective including pricing according to demand, time -limits, permit restrictions, and discounted employee options but alterations to any of those strategies currently require the passage of an ordinance by the City Council; and WHEREAS, staff recommends that greater administrative decision -making authority be provided so that different strategies may be utilized to achieve desired outcomes; and WHEREAS, staff recommends providing flexibility for the Mayor and the Parking Division to establish locations, fees, and times requiring the payment of parking fees and rates and to create parking permit programs in established parking district zones within certain parameters set by the City Council. 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 repeals § 72.18 Residential Parking Permit Program For The Entertainment District Parking Zone of the Fayetteville City Code and enacts a replacement § 72.18 as shown in Exhibit A attached which shall have the effect of authorizing the Mayor or the Mayor's designee to establish timeframes for parking restrictions for the Residential Parking Permit Program in the Entertainment District Parking Zone. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 72.21 Residential Parking Permit Program For The Downtown Business District Parking Zone of the Fayetteville City Code by repealing subsection (E) Cost of Program and enacting a replacement (E) as follows: Page 1 Ordinance: 6661 File Number: 2023-674 "Cost of Program. The Parking Division is authorized to assess permit fees to cover the actual costs of administration of the Downtown Business District Parking program." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 72.50 Definitions of the Fayetteville City Code by repealing the definitions of "Electronic payment stations" and "Employee parking card" and enacting replacement definitions as follows: "Electronic payment stations. A place where a person who has parked his or her vehicle in a Downtown Business District or Entertainment District Parking Zone paid parking space may pay the appropriate fee for the paid parking space. Electronic payment stations may include physical payment stations, mobile applications, or other technologies used by the City as part of its parking management system. Employee parking card. A card or code issued by the Parking Division for use only by employees of businesses operating in an established parking district zone which may be discounted by the Mayor up to 90% of normal parking rates for certain paid parking spaces within the zone." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 72.51 Presumption As To Unlawful Parking In Metered Space And Paid Parking Space Or Lot Serviced By An Electronic Payment Station of the Fayetteville City Code by changing both instances of the term "lot" to "facility". Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 72.52 Purpose of Deposit Or Electronic Payment Requirement of the Fayetteville City Code enacts a replacement § 72.52 as follows: "The coins required to be deposited in parking meters or the electronic payment required to be made at electronic payment stations by this article are for the purpose of regulating parking, to cover part of the cost of such necessary regulation for the convenience and protection of the public, and to accumulate revenues to use for the construction of additional parking facilities including parking decks." Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 72.55 Collections From Meters And Electronic Payment Stations of the Fayetteville City Code enacts a replacement § 72.55 as follows: "The Parking Manager shall be responsible for the collection all deposits or electronic transactions from parking meters and electronic payment stations installed under this article and deliver them to the Accounting Department or as directed by the Mayor." Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 72.57 Parking Meter Zones and enacts a replacement § 72.57 as shown on Exhibit B attached hereto and made a part hereof which shall have the effect of authorizing the Mayor to establish the locations, dates, and times payment is required at parking meters within established parking zones. Section 8: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 72.58 Off -Street Parking Facilities; Rules And Rates and enacts a replacement § 72.58 as shown on Exhibit C attached hereto and made a part hereof which shall have the effect of authorizing the Mayor to establish the locations, dates, and times payment is required in off-street parking facilities within established parking zones. Section 9: Section 9: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 72.59 Dickson Street Entertainment District Annual Parking Pass Program and enacts a replacement § 72.59 Establishment of Parking Permit Programs as follows: "72.59 Establishment of Parking Permit Programs The Mayor or the Mayor's designee is authorized to create parking permit programs within established parking districts, set the permit fees, and establish the locations, dates and times a permit may be valid. Permit fees may not be increased more than one time each calendar year." Page 2 Ordinance: 6661 File Number: 2023-674 Section 10: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 72.60 Establishment and Adjustment of Paid Parking Rates within Parking District Zones as follows: "72.60 Establishment and Adjustment of Paid Parking Rates within Parking District Zones (A) The Mayor or the Mayor's designee is authorized to establish on -street and off-street locations within established parking district zones in which parking fees are required; to establish the parking rates for such locations; and to establish the days and times when payment shall be required to be paid by the owner or operator of any vehicle parked in those parking spaces or facilities. The Mayor or the Mayor's designee may suspend parking regulations within established parking district zones during city holidays. (B) The Mayor or the Mayor's designee is authorized to adjust paid parking rates subject to the following limitations: 1. Paid parking rates shall not be increased within six months of the initial establishment of a parking district zone or within six months of any previous rate adjustment. Hourly rate adjustments shall not be increased by more than $2.00 per hour per adjustment. 2. The Parking Division shall conduct a utilization assessment based on peak hours and days prior to any adjustment. 3. Rate and hour adjustments shall be based on deviation from ideal utilization rate between 75% and 85% of the paid parking spaces as determined by the Parking Division. The Mayor or the Mayor's designee may increase or decrease paid parking rates as necessary to achieve the goal of reaching the ideal utilization rate. 4. Adjustments to the paid parking rates or times shall be communicated through signage within the district for at least fourteen (14) days prior to the implementation of the adjustment. 5. Any proposed paid parking rate reductions shall be reviewed by the Chief Financial Officer who will advise the Mayor on the net revenue impact prior to the approval and implementation of the rate reduction to ensure compliance with bond covenants." Section 11: That the City Council of the City of Fayetteville, Arkansas hereby amends § 72.70 Application by replacing "the Entertainment District Parking Zone shown on Exhibit A" with "established parking district zones" in subsections (A) and (B). Section 12: That the City Council of the City of Fayetteville, Arkansas hereby amends § 72.71 Requirements For Proper Signage Before Nonconsensual Towing From Private Parking Lots Is Permitted Within The Entertainment District Parking Zone by repealing the title of the section and replacing it with the following title: "72.71 Requirements For Proper Signage Before Nonconsensual Towing From Private Parking Lots Is Permitted Within Established Parking District Zones." Section 13: That the City Council of the City of Fayetteville, Arkansas hereby amends § 72.72 Regulations Of Towing And Storage Companies by replacing "the Entertainment District Parking Zone" with "established parking district zones" in subsection (B). PASSED and APPROVED on May 16, 2023 Page 3 Ordinance: 6661 File Number: 2023-674 Approved: Attest: Kara Paxton, City C erk Treasurer Page 4 •t''�ERK 11 �R'�'r, 'A.C'� Gi� Y Q�','���'•.. FAYE TEVIi L: VG rffi;i�N4;11�t4S�`` CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF MAY 16, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Justin Clay, Parking Manager DATE: CITY COUNCIL MEMO 2023-674 SUBJECT: AN ORDINANCE TO AMEND PARKING REGULATIONS AND TO AUTHORIZE THE MAYOR TO SET PARKING RATES AND REGULATIONS SUBJECT TO LIMITATIONS ESTABLISHED BY THE CITY COUNCIL RECOMMENDATION: Staff recommends amending the parking code to authorize the Mayor to establish and alter parking rates, regulations, and parking permitting programs subject to limitations established by the City Council. BACKGROUND: Currently, parking rates and regulations are set forth by the City Council and may only be altered by ordinance. While this framework has worked well to establish rates, regulations, and permitting options for defined parking districts, a nimbler approach may be desired to more effectively manage the City's parking supply. DISCUSSION: Analysis of downtown parking inventory and utilization shows opportunities where changes to our rate and regulatory structure may create greater parking availability and enhance the customer/visitor experience within our downtown. One objective of parking management is to create an environment where some degree of available parking can always be found - block -by -block and facility -by -facility. There are many strategies that can be deployed to help achieve this objective (pricing according to demand, time -limits, permit restrictions, discounted employee options, etc.), however alterations to any one of those strategies must currently be approved via ordinance. Staff recommends that greater administrative decision -making authority be given so that different strategies may be utilized to achieve desired outcomes. As we continue to transition from a rate and regulatory structure that was established to fund parking facility construction to one that best manages our parking supply, flexibility should exist in order to respond to new developments or behavioral patterns associated with those who visit, enjoy, work, and reside in our downtown. Staff envisions implementing policies that encourage turnover within the core areas of our downtown, offer long-term and reduced price (or even free) options within less -utilized parking areas, and provide for permitting options that balance user convenience while preventing vehicle storage within the downtown core. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 To arrive at this data -driven, results -focused approach to parking management, staff recommends that the Mayor be authorized to establish the on -street and off-street locations within established parking district zones whereby parking fees are required, to set the parking fees and associated permitting options for such locations, and to set the days and times when payment shall be required. The Mayor would also have the authority to suspend parking regulations within established parking district zones during city holidays. Similar authority was established in 2019 with the creation of the Wilson Park South Neighborhood Parking District and has been effective in achieving desired results. The Mayor may also adjust the paid parking rates within already established parking districts, subject to the following limitations: • The paid parking rates shall not be increased within six months of the initial establishment of a parking district zone or within six months of any previous increase. • The Parking Division shall conduct a utilization assessment based on peak hours and days prior to any rate adjustment. • The Parking Division shall report to the City Council or a committee thereof annually on the current status of its programs. • Rate and hour adjustments shall be based on deviation from ideal utilization rate between 75% and 85% of the paid parking spaces as determined by the Parking Division. The Parking Division shall implement any increase or decrease to the paid parking rates as necessary to achieve the goal of reaching the ideal utilization rate. • Hourly rate increases shall not exceed $2.00 per hour per adjustment period. • Adjustments to the paid parking rates or times shall be communicated through signage within the district for fourteen (14) days prior to the enforcement of any new rates. BUDGET/STAFF IMPACT: NONE ATTACHMENTS: EXHIBITS A, B & C - Amend Ch. 72 Parking Regulations, SRF 2023-674_Parking Reg Authority_4.6.2023, REDLINE - CHAPTER_72PARKING_REGULATIONS_Ordinance Revisions Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ® City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-674 AN ORDINANCE TO AMEND PARKING REGULATIONS AND TO AUTHORIZE THE MAYOR TO SET PARKING RATES AND REGULATIONS SUBJECT TO LIMITATIONS ESTABLISHED BY THE CITY COUNCIL AN ORDINANCE TO AMEND CHAPTER 72 PARKING REGULATIONS OF THE FAYETTEVILLE CITY CODE TO AUTHORIZE THE MAYOR TO ESTABLISH AND ADMINISTER RULES REGULATING PARKING FEES IN ESTABLISHED PARKING ZONES, AND TO MAKE TECHNICAL REVISIONS WHEREAS, analysis of downtown parking inventory and utilization shows opportunities in which changes to the City's rate and regulatory structure may create greater parking availability and enhance the customer and visitor experience within our downtown and entertainment district areas; and WHEREAS, a major objective of parking management is to create an environment in which some degree of available parking can always be found; and WHEREAS, there are many strategies that can be deployed to help achieve this objective including pricing according to demand, time -limits, permit restrictions, and discounted employee options but alterations to any of those strategies currently require the passage of an ordinance by the City Council; and WHEREAS, staff recommends that greater administrative decision -making authority be provided so that different strategies may be utilized to achieve desired outcomes; and WHEREAS, staff recommends providing flexibility for the Mayor and the Parking Division to establish locations, fees, and times requiring the payment of parking fees and rates and to create parking permit programs in established parking district zones within certain parameters set by the City Council. 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 repeals § 72.18 Residential Parking Permit Program For The Entertainment District Parking Zone of the Fayetteville City Code and enacts a replacement § 72.18 as shown in Exhibit A attached which shall have the effect of authorizing the Mayor or the Mayor's designee to establish timeframes for parking restrictions for the Residential Parking Permit Program in the Entertainment District Parking Zone. Page 1 Ordinance: 6661 File Number: 2023-674 Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 72.21 Residential Parking Permit Program For The Downtown Business District Parking Zone of the Fayetteville City Code by repealing subsection (E) Cost of Program and enacting a replacement (E) as follows: "Cost of Program. The Parking Division is authorized to assess permit fees to cover the actual costs of administration of the Downtown Business District Parking program." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 72.50 Definitions of the Fayetteville City Code by repealing the definitions of `Electronic payment stations" and "Employee parking card" and enacting replacement definitions as follows: "Electronic payment stations. A place where a person who has parked his or her vehicle in a Downtown Business District or Entertainment District Parking Zone paid parking space may pay the appropriate fee for the paid parking space. Electronic payment stations may include physical payment stations, mobile applications, or other technologies used by the City as part of its parking management system. Employee parking card. A card or code issued by the Parking Division for use only by employees of businesses operating in an established parking district zone which may be discounted by the Mayor up to 90% of normal parking rates for certain paid parking spaces within the zone." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 72.51 Presumption As To Unlawful Parking In Metered Space And Paid Parking Space Or Lot Serviced By An Electronic Payment Station of the Fayetteville City Code by changing both instances of the term "lot" to "facility". Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 72.52 Purpose of Deposit Or Electronic Payment Requirement of the Fayetteville City Code enacts a replacement § 72.52 as follows: "The coins required to be deposited in parking meters or the electronic payment required to be made at electronic payment stations by this article are for the purpose of regulating parking, to cover part of the cost of such necessary regulation for the convenience and protection of the public, and to accumulate revenues to use for the construction of additional parking facilities including parking decks." Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 72.55 Collections From Meters And Electronic Payment Stations of the Fayetteville City Code enacts a replacement § 72.55 as follows: "The Parking Manager shall be responsible for the collection all deposits or electronic transactions from parking meters and electronic payment stations installed under this article and deliver them to the Accounting Department or as directed by the Mayor." Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 72.57 Parking Meter Zones and enacts a replacement § 72.57 as shown on Exhibit B attached hereto and made a part Page 2 Ordinance: 6661 File Number: 2023-674 hereof which shall have the effect of authorizing the Mayor to establish the locations, dates, and times payment is required at parking meters within established parking zones. Section 8: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 72.58 Off -Street Parking Facilities; Rules And Rates and enacts a replacement § 72.58 as shown on Exhibit C attached hereto and made a part hereof which shall have the effect of authorizing the Mayor to establish the locations, dates, and times payment is required in off-street parking facilities within established parking zones. Section 9: Section 9: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 72.59 Dickson Street Entertainment District Annual Parking Pass Program and enacts a replacement § 72.59 Establishment of Parking Permit Programs as follows: "72.59 Establishment of Parking Permit Programs The Mayor or the Mayor's designee is authorized to create parking permit programs within established parking districts, set the permit fees, and establish the locations, dates and times a permit may be valid. Permit fees may not be increased more than one time each calendar year." Section 10: That the City Council of the City of Fayetteville, Arkansas hereby enacts § 72.60 Establishment and Adjustment of Paid Parking Rates within Parking District Zones as follows: "72.60 Establishment and Adjustment of Paid Parking Rates within Parking District Zones (A) The Mayor or the Mayor's designee is authorized to establish on -street and off-street locations within established parking district zones in which parking fees are required; to establish the parking rates for such locations; and to establish the days and times when payment shall be required to be paid by the owner or operator of any vehicle parked in those parking spaces or facilities. The Mayor or the Mayor's designee may suspend parking regulations within established parking district zones during city holidays. (B) The Mayor or the Mayor's designee is authorized to adjust paid parking rates subject to the following limitations: 1. Paid parking rates shall not be increased within six months of the initial establishment of a parking district zone or within six months of any previous rate adjustment. Hourly rate adjustments shall not be increased by more than $2.00 per hour per adjustment. 2. The Parking Division shall conduct a utilization assessment based on peak hours and days prior to any adjustment. 3. Rate and hour adjustments shall be based on deviation from ideal utilization rate between 75% and 85% of the paid parking spaces as determined by the Parking Division. The Mayor or the Mayor's designee may increase or decrease paid parking rates as necessary to achieve the goal of reaching the ideal utilization rate. 4. Adjustments to the paid parking rates or times shall be communicated through signage within the district for at least fourteen (14) days prior to the implementation of the adjustment. 5. Any proposed paid parking rate reductions shall be reviewed by the Chief Financial Officer who will advise the Mayor on the net revenue impact prior to the approval and implementation of the Page 3 Ordinance: 6661 File Number: 2023-674 rate reduction to ensure compliance with bond covenants." Section 11: That the City Council of the City of Fayetteville, Arkansas hereby amends § 72.70 Application by replacing "the Entertainment District Parking Zone shown on Exhibit A" with "established parking district zones" in subsections (A) and (B). Section 12: That the City Council of the City of Fayetteville, Arkansas hereby amends § 72.71 Requirements For Proper Signage Before Nonconsensual Towing From Private Parking Lots Is Permitted Within The Entertainment District Parking Zone by repealing the title of the section and replacing it with the following title: "72.71 Requirements For Proper Signage Before Nonconsensual Towing From Private Parking Lots Is Permitted Within Established Parking District Zones." Section 13: That the City Council of the City of Fayetteville, Arkansas hereby amends § 72.72 Regulations Of Towing And Storage Companies by replacing "the Entertainment District Parking Zone" with "established parking district zones" in subsection (B). Page 4 EXHIBIT A 72.18 Residential Parking Permit Program For The Entertainment District Parking Zone (A) Applicability: This Residential Parking Permit Program shall be applicable within the Entertainment District Parking Zone as shown and described on Exhibit A attached to the enacting ordinance. This parking zone will be further divided by Dickson Street into the North Zone for included residents living north of Dickson Street and the South Zone for included residents living south of Dickson Street. (B) Definitions: Fuel efficient scooter or bicycle means bicycles, gas powered scooters not exceeding 70 cubic centimeters and electric powered bicycles and scooters. Guest pass means the pass or authorization to park within the appropriate on -street parking zone pursuant to this section. Registered vehicle means a motorized, validly state licensed and insured vehicle kept at the residence owned or leased by the resident within the Entertainment District Parking Zone. The Arkansas Vehicle Registration Certificate for the vehicle should list the residence within the Entertainment District. The Parking Division may accept other reliable documentation of ownership or occupancy of a residence within the Zone to justify issuance of a residential parking permit for a resident's vehicle. Resident means a natural person residing within a dwelling that the resident owns, leases or rents within the Entertainment District Parking Zone. Residential parking permit means the currently valid permit issued by Parking Division which allows the resident to park the permitted resident's vehicle in an authorized on -street parking zone pursuant to the terms of this section. (C) Restricted Parking Periods: The Mayor or Mayor's designee shall have the authority to set the timeframes by which designated on -street parking spaces within the Entertainment District Parking Zone North and South shall be restricted to properly permitted vehicles. The owner of any vehicle improperly parked during this period shall be subject to the penalties set forth in §72.99. (D) On -street Parking Restrictions for Most Vehicles in the Entertainment District Parking Zone: As authorized by the Mayor or Mayor's designee and where designated by signs only residents of the Entertainment District Parking Zone North shall be permitted to park their properly permitted vehicles in the designated on -street parking areas of the Residential Parking Zone North of Dickson Street during the restricted parking period and only residents of the Entertainment District Parking Zone South shall be permitted to park their properly permitted vehicles in the designated on -street parking areas of the Residential Parking Zone South of Dickson Street during the restricted parking period. (E) Special Regulations forOversized Vehicles, Motorcycles, Motor Scooters and Bicycles: No vehicle that cannot fit within a standard on -street parking space may be parked on -street in the Entertainment District Parking Zone unless its owner or operator has obtained a special limited time and location permit pursuant to (1). (1) An operator or owner of a moving van or other oversized vehicle that needs to park on -street in a designated area for a limited time to serve a residence, business or office within the Entertainment District Parking Zone may be issued a special, limited time and location parking permit by the Parking Division. (2) A resident of the Entertainment District Parking Zone who owns a motorcycle or motor scooter with over 70 cubic centimeters displacement may be issued a residential permit which shall allow free parking only in specially designed motorcycle/motor scooter on -street parking spaces and is prohibited from parking in standard on -street parking spaces reserved for residents' cars. Operators of motorcycles and motor scooters may park in paid parking spaces at the standard parking rate. No motorcycle nor any motor scooters may be parked on a sidewalk. (3) Operators of fuel efficient scooters and bicycles may park for free in specially designated parking spaces, but must pay the standard parking rate if parked in a normal paid parking space. No bicycle may be parked on a sidewalk unless it is utilizing a permanently installed and permitted bicycle rack. (F) Mixed Use Parking. The mayor or designee shall have the authority to establish mixed -use parking spaces and locations which shall be available to the public for paid parking and to residents of the corresponding Entertainment District Parking Zone for properly permitted vehicles. (G) Permit Fees. The Parking Division is authorized to assess permit fees to cover the actual costs of administration of its residential parking permit program. (H) Temporary Guest Passes: An Entertainment District Parking Zone resident may request the city to issue temporary guest passes for visitors to their residence. The Mayor or designee shall administer a guest pass program with the goal of accommodating the needs of both residents and businesses within the Entertainment District Parking Zone. Use of a guest pass in a manner not authorized by the guest pass program shall be a violation of this section for the vehicle's owner. (1) Residential Parking Permits May Not Be Loaned, Transferred, Sold or Used Except on the Designated Registered Vehicle: Any resident who attempts to or does loan, transfer, sell or give a residential parking permit to another person or entity, or who facilitates the use of the permit obtained for his registered vehicle on a nonregistered vehicle shall, in addition to the general penalty provisions in this chapter, immediately forfeit all permits issued to the resident and the right to apply for any future permits for three (3) years. (J) Penalty: The owner of any vehicle parked in violation of any term or requirement of this section shall be guilty of a violation and shall be subject to the penalties set forth in §72.99. EXHIBIT B 72.57 Parking Meter Zones (A) The Mayor or the Mayor's designee is authorized to describe, establish and alter parking meter zones. (B) Parking meters shall be installed not more than 2 feet from the curb nor more than 4 feet from the front line of the parking space. Spaces shall be marked out as individual parking meter spaces for vehicles and kept clearly marked at all times. No parking meter authorized herein shall be so installed or a parking space so established that it will obstruct the convenient egress and ingress to any property butting on any street. (C) Each parking meter installed under this section, shall be set to operate upon the deposit therein of the prescribed payment for the period of time prescribed as parking time limits in subsection (F) below. Each of such meters shall be so arranged so as to show or display a signal, which shall clearly indicate whether the time limit during which parking in that space is permitted has expired. (D) Any person parking a vehicle within a parking meter zone established by this section shall park the same wholly within the lines of the parking space marked as provided in subsection (B), and it shall be unlawful for any person to park or leave a vehicle in any such zone, unless it is wholly within such space. Where the parking meters are placed in front of parking spaces, the radiator shall be as near as possible to the parking meter controlling the space; where the parking meters are placed alongside the parking spaces, the front fender or front wheels of the vehicle shall be as near as possible to the parking meter controlling the space; and for back -in parking spaces, the rear license plate or rear bumper of the vehicle shall be as near as possible to the parking meter controlling the space. (E) Regulated Hours for Parking Meters. (1) The Mayor or the Mayor's designee is authorized to establish dates and times within established parking district zones whereby the owner or driver of a vehicle upon parking the vehicle in a parking meter space shall immediately deposit into the parking meter or electronic payment station sufficient money or other authorized payment. (2) The Mayor or the Mayor's designee is authorized to establish grace periods within the Entertainment and Downtown Business Parking Zones whereby the parking rate may be waived for a limited amount of time upon the arrival of a vehicle into a paid parking space. (F) Unlawful to Leave Vehicle Parked in Excess of Allowed Time. Upon the expiration of the legal parking time paid for and allowed pursuant to this chapter during the period that paid parking is required, it is unlawful for the owner or driver to leave the vehicle in the parking space. Violation of such overtime parking shall be punished pursuant to §72.99. Exhibit C 72.58 Off -Street Parking Facilities; Rules And Rates (A) Established. The following named and described real estate lying within the corporate limits of the city is hereby established as and shall constitute public off-street automobile parking facilities within the Downtown Business District Parking Zone. (1) Lots 8 to 15, inclusive, in Block 26 of the original plat of the city, including an alley 10 feet in width and running in an east and west direction and adjoining the southern boundary of Lots 12 to 15, inclusive, and the northern boundary of Lots 8 to 11 inclusive. (2) Lots 8, 9, 10, 11, 12, 13, 14 and 15 of Block 30, in the town (now city), as designated upon the original plat of said town. (3) Lot 9A and a part of Lot 10, in Block 29, of the original plat of the city. (4) Part of the Northwest Quarter of the Southwest Quarter of Section 15, Township 16 North, Range 30 West, described as follows: Beginning at a point 84 feet south and 25 feet east of the northwest corner of the said 40-acre tract, and running thence south 178 feet; thence east 70.3 feet; thence north 178 feet; thence west 70.3 feet to the point of beginning. (5) A part of Block 7, of the original plat of the city, more particularly described as beginning at a point 13 feet and two inches south of the northwest corner of said Block 7, running thence east 50 feet; thence south 267 feet to the point of beginning. (6) Lots 7, 8, 9 and 10 of Block 17 in the town (now city) as designated upon the original plat of said town. (7) Lots 8, 9 and 10 of Block 13 in the town (now city) as designated upon the original plat of said town. (8) Lots 1, 2, Lot 3, less 52.53 feet of equal and uniform width off the south side thereof, and Lot 12, less 50 feet of equal and uniform width off the south side thereof of Block 13 in the town (now city) as designated upon the original plat of said town. (9) Part of Block 25, in the town (now city) as designated upon the original plat of said town, and more particularly described as follows: Beginning at the northeast corner of Lot 1 in said Block 25, thence west 42 feet; thence south 49.3 feet; thence west 58 feet; thence south 58.7 feet to the center of a platted alley; thence east 100 feet; thence north 107 feet to the point of beginning. (10) Part of Block 15, in the original plat of the city, described as follows: Beginning at a point 127 feet west of the northeast corner of Block 15 and running thence south 206 feet to the north line of a 12-foot alley; thence west 177 feet to the east line of an alley; thence north 90 feet; thence east 22 feet; thence north 116 feet to the south line of Meadow Street; thence east 17 feet; thence south 27 feet; thence east 20 feet; thence north 27 feet to the south line of Meadow Street; thence east 118 feet to the point of beginning. (11) Lots numbered 12 and 13 in Block 30 of the original town (now city). (B) Definitions. For the purpose of this section "public off-street automobile parking facilities" are defined as accommodations procured or provided, or both, by public authority for the parking of motor vehicle off the street or highway, and open to public use with or without charge. Parking facilities may consist of lots, garages, or other structures and accessories; they may be surfaced facilities or facilities above or below ground. (C) Marking of Parking Spaces. The Mayor or the Mayor's designee is authorized to mark off individual parking spaces in the parking facilities established by this section, such parking spaces to be designated by lines painted or durably marked on the curbing or otherwise. (D) Installation, Location, Mechanical Requirements, and Maintenance of Meters within the Downtown Business District Parking Zone. In the parking facilities established by this article, the Mayor or the Mayor's designee is authorized to install parking meters. Where parking meters are installed, the Mayor or the Mayor's designee shall cause parking meters to be installed upon the curb immediately adjacent to the parking spaces marked in accord with subsection (C) above, such installation to be placed not more than two feet from the curb or concrete islands as provided, from the front line of the parking space as indicated, and the mayor shall be responsible for the regulation, control, operation, maintenance, and use of such parking meters. Each parking meter installed shall indicate by proper legend the legal parking time established by the city and, when operated, shall at all times indicate the balance of legal parking time, and at the expiration of such period shall indicate illegal or overtime parking. (E) Vehicles to Be Parked Entirely Within Parking Spaces. At each space marked off in accord with subsection (C) above, it shall be unlawful for any person to park any vehicle across any lines or markings of such space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings. (F) Payment Required. (1) Except in a period of emergency determined by an officer of the Fire or Police Departments, or in compliance with the directions of a police officer or traffic control sign or signal, when any vehicle is parked in any parking space within a parking facility where a parking meter or electronic payment station is located in accord with this section, the operator of such vehicle shall, upon entering the parking space, immediately make payment for the applicable parking rate. If paying by coin, the operator of such vehicle shall deposit or cause to be deposited in the meter such proper coin of the United States or other payment as is required for such parking meter or electronic payment station and is designated by proper directions on the meter or electronic payment station, and when required by the directions on the meter, the operator of such vehicle, after the deposit of the proper coin or coins or other payment, shall also set in operation the timing mechanism on such meter in accordance with directions properly appearing thereon. Failure to deposit such proper coin or other payment, and to set the timing mechanism in operation when so required, shall constitute a violation of this section. Upon proper payment (and the setting of the timing mechanism in operation when so required) the parking space may be lawfully occupied by such vehicle during the period of time which has been prescribed; provided that any person placing a vehicle in a parking meter space adjacent to a meter which indicates that unused time has been left in the meter by the previous occupant of the space shall not be required to deposit a coin so long as his occupancy of the space does not exceed the indicated unused parking time. (2) The Mayor or the Mayor's designee may suspend parking regulations within established parking district zones during city holidays (G) City Parking Lots and Parking Meters Within the Downtown Business District Parking Zone. The Mayor or the Mayor's designee is authorized to establish the parking fees for all the parking lots identified in subsection (A) and all parking meters. The established parking fees shall be required to be paid by the owner or operator of any vehicle parked in those spaces or parking facilities: (1) Town Center Parking Deck — fees shall be set by the Fayetteville Advertising and Promotion Commission pursuant to the terms of its contract with the City of Fayetteville for the operation and maintenance of the Town Center Parking Deck. If the contract expires or is terminated, fees shall be set at not more than $70.00 per month nor more than $4.00 per day if space is available. (2) Discounted Parking rates for Employees (employee parking cards or coupons). In order to assist employees working in the Downtown Business District Parking Zone, the Mayor is authorized to sell and issue employee parking cards or codes that can be used for certain more distant parking spaces at a highly discounted rate of up to 90% off the normal parking rate. (H) City Parking Lots, Parking Decks and Paid On -street Parking Spaces Within the Entertainment District Parking Zone. The Mayor or the Mayor's designee is authorized to establish the on -street and off-street locations within the Entertainment District Parking Zone whereby parking fees are required, to set the parking fees for such locations, and to set the dates and times when payment shall be required to be paid by the owner or operator of any vehicle parked in those spaces or facilities. The Mayor or Mayor's designee may suspend parking regulations within established parking district zones during city holidays (1) Motorcycle and Motor Scooter Parking in Specially Designated Motorcycle/Motor Scooter Paid Parking Spaces. Parking rates for normal, passenger car sized paid parking spaces shall be reduced by 50%for all specially designated motorcycle/motor scooter paid parking spaces. All motorcycles and motor scooters will have to pay the normal full rate if parked within a normal, passenger car sized parking space. (2) Discounted Parking rates for Employees (employee parking cards or coupons). In order to assist employees working in the Entertainment District Parking Zone, the Mayor is authorized to sell and issue employee parking cards or codes that can be used for certain more distant parking spaces at a highly discounted rate of up to 90% off the normal parking rate. (1) Rates for Parking in City Parking Garages. (1) Parking garages shall be rented monthly at a market rate as determined by the Mayor or the Mayor's designee. (2) It shall be unlawful for any person to cause, allow, permit or suffer any vehicle operated by him or registered in his name to be parked in any city parking garage without paying the parking fees prescribed above. (J) Overtime Parking. If any vehicle remains parked in any metered parking space or within a paid parking facility beyond the period paid for such parking, the owner or operator of such vehicle shall be guilty of overtime parking and be subject to the punishment specified in §72.99. (K) One-way Traffic and Improperly Driving Through or Around Gates on City Parking Lots. (1) The Mayor is hereby authorized to determine and designate specific lanes upon the real estate described in subsection (A) above upon which vehicular traffic shall proceed in one direction only and shall cause to be placed appropriate markings, signs, barriers, or other devices to give notice thereof. The Mayor shall cause to be erected signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the roadway. (2) When signs indicating the direction of traffic are erected and maintained in accord with subsection (1) above, vehicular traffic shall move only in the indicated direction, and it shall be unlawful for any person to operate any vehicle in violation of the markings, signs, barriers, or other devices placed in accordance with subsection (1) above. (3) No driver may attempt to leave a gated city parking lot without paying the amount of parking fees due pursuant to subsections (G) or (H) by driving around the gate, by improperly driving through a gated entry or exit or by damaging or improperly manipulating any part of the gate. (L) Immobilization of Illegally Parked Motor Vehicle. (1) Immobilization Authorized. Employees of the Parking Division and officers of the Police Department are authorized to temporarily immobilize any vehicle which is parked in violation of any provision of this chapter and whose owner has been cited for violating these parking regulations at least twice in the preceding thirty days or has outstanding fines and costs from previous parking violations due and owing. (2) Post -deprivation Hearing. When any vehicle is immobilized under the provisions of this section, the owner or operator shall have the right to a post -deprivation administrative hearing by filing a written request for such a hearing with the Mayor. (3) Conduct of Hearing. (a) A hearing shall be conducted before a hearing officer designated by the Mayor and shall be held within twenty-four (24) hours from receipt of a written demand therefor, unless the right to a speedy hearing is waived in writing. Saturdays, Sundays, and city holidays are to be excluded from calculating said twenty-four (24) hour period. The hearing officer shall not be the person who directed the impounding and storage of the vehicle. The sole issue before the hearing officer shall be whether there was probable cause to immobilize the vehicle in question. (b) The hearing officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The person demanding the hearing shall carry the burden of establishing that such person has the right to possession of the vehicle. The city shall carry the burden of establishing that there was probable cause to immobilize the vehicle in question. At the conclusion of the hearing, the hearing officer shall prepare a written decision. A copy of such decision shall be provided to the person demanding the hearing and to the registered owner of the vehicle. The hearing officer's decision shall in no way affect any criminal proceeding in connection with the immobilization. The decision of the hearing officer shall be final. Failure to request a post - immobilization hearing within three (3) days from the date of immobilization, or failure to attend a scheduled post -immobilization hearing shall be deemed a waiver of the right to such hearing; and, the Police Department shall be authorized to have the vehicle towed to and stored at a safe place designated as an official police garage by the Chief of Police. The owner or operator of the vehicle shall be liable for all towing and storage fees. (4) Decision of Hearing Officer. (a) The hearing officer shall only determine whether there was probable cause to immobilize the vehicle. If the hearing officer determines that there was no probable cause, the hearing officer shall prepare and date a certificate of no probable cause, a copy of which shall be given to the registered owner of the vehicle or his agent and to the Police Department and Traffic Division. Upon receipt of the owner's copy of such certificate, an employee of the traffic division or an officer of the Police Department shall remove the immobilization device from the vehicle. (b) If the hearing officer determines that there was probable cause for immobilizing the vehicle, the registered owner, or his agent, may obtain removal of the immobilization device by posting a bond in a reasonable amount specified by the District Court. The amount of said bond shall be not less than a sum equivalent to the cumulative total of applicable fines, court costs, towing fees and storage fees. Upon presentation of a receipt evidencing the posting of said bond, an employee of the Traffic Division or an officer of the Police Department shall remove the immobilization device from the vehicle. (M) Special Event Permits Needed to Use City Owned Parking Lots, Paid On -Street Parking Spaces, or to Close City Streets. (1) Events Needing the Use of City Owned Parking Lots or Paid Parking Spaces Along City Streets for up to Eight (8) Hours. The Mayor is empowered by the issuance of a special event permit to assign any and all city owned paid parking lots and some or all on -street paid parking spaces for up to eight (8) consecutive hours, but not more than a total of sixteen (16) days per calendar year. (2) Events Requesting the Use of City Owned Parking Lot or On -street Paid Parking Spaces or to Close City Streets for More Than Eight (8) Consecutive Hours. (a) When an applicant for a special event permit proposes to use a city paid parking lot or close a city street for more than eight (8) consecutive hours, nearby residents shall be notified and be provided an opportunity to comment. Subject to the overall limit of sixteen (16) days per calendar year, the Mayor may propose to approve or to reject an expanded special event permit which would authorize the special event applicant to use city owned paid parking lots or on -street paid parking for more than eight (8) consecutive hours. The Mayor may also propose to approve or to reject the closure of city streets for more than eight (8) consecutive hours for a special event. (b) The Mayor by and through his staff shall notify the City Council Members by email or otherwise of the decision to grant or deny the special event permit and provide the City Council Members the results of the neighbor notification including comments by such citizens. If at least two (2) City Council Members notify the City Clerk's Office in writing within seven (7) days of the Mayor's notification of his or her decision that they wish to appeal such decision, then the issue will be presented on the next City Council meeting in which the Mayor's decision could reasonably be considered. The City Council would then be able to decide by Resolution whether to reverse the Mayor's decision and upon what condition (if any) the permit would be granted. (N) Electric Vehicle Charging Stations. The Mayor is authorized to designate Electric Vehicle Charging Station parking spaces in city parking facilities to prohibit all non -electric vehicles from parking in these spaces. The owner or operator of an electric vehicle shall only park in this space while charging the vehicle's battery and shall pay normal parking rates while parked in this space. (0) Event Parking. The Parking Division may implement event parking in city managed parking facilities as deemed necessary by the Mayor or designee. Such event parking will require a person desiring to park a vehicle in a designated event parking facility to pay the event parking fee as established by the Mayor or the Mayor's designee. The City of Fayetteville shall provide sufficient personnel to staff event parking. City of Fayetteville Staff Review Form 2023-674 Item ID 4/25/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Justin Clay 4/6/2023 PARKING MANAGEMENT (430) Submitted By Submitted Date Division / Department Action Recommendation: AN ORDINANCE TO AMEND PARKING REGULATIONS AND TO AUTHORIZE THE MAYOR TO SET PARKING RATES AND REGULATIONS SUBJECT TO LIMITATIONS ESTABLISHED BY THE CITY COUNCIL Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Previous Ordinance or Resolution # Approval Date: V20221130 CHAPTER 72 PARKING REGULATIONS CHAPTER 72 PARKING REGULATIONS 72.18 Residential Parking Permit Program For The Entertainment District Parking Zone (A) Applicability: This Residential Parking Permit Program shall be applicable within the Entertainment District Parking Zone as shown and described on Exhibit A attached to the enacting ordinance. This parking zone will be further divided by Dickson Street into the North Zone for included residents living north of Dickson Street and the South Zone for included residents living south of Dickson Street. (B) Definitions: Fuel efficient scooter or bicycle means bicycles, gas powered scooters not exceeding 70 cubic centimeters and electric powered bicycles and scooters. Guest pass means the pass or authorization to park within the appropriate on -street parking zone pursuant to this section. Registered vehicle means a motorized, validly state licensed and insured vehicle kept at the residence owned or leased by the resident within the Entertainment District Parking Zone. The Arkansas Vehicle Registration Certificate for the vehicle should list the residence within the Entertainment District. The Parking Division may accept other reliable documentation of ownership or occupancy of a residence within the Zone to justify issuance of a residential parking permit for a resident's vehicle. Resident means a natural person residing within a dwelling that the resident owns, leases or rents within the Entertainment District Parking Zone. Residential parking permit means the currently valid permit issued by Parking Division which allows the resident to park the permitted resident's vehicle in an authorized on -street parking zone pursuant to the terms of this section. (C) Restricted Parking Periods: FFOM 2Q0 P.M. on Sundays and 10!00 a.m. Menday thFOUgh SaWFday until 2Q0 every daY-lThe fnMayor or Mayor's designee shall have the authority to set the timeframes by which designated on -street parking spaces within the Entertainment District Parking Zone North and South shall be restricted to properly permitted vehicles. The owner of any vehicle improperly parked during this period shall be subject to the penalties set forth in §72.99. (D) On -street Parking Restrictions for Most Vehicles in the Entertainment District Parking Zone: As authorized by the e}Mayor or Mayor's designee and wWhere designated by signs and ^< she-vin en the exhibi`s,= only residents of the Entertainment District Parking Zone North shall be permitted to park their properly permitted vehicles in the designated on -street parking areas of the Residential Parking Zone North of Dickson Street during the restricted parking period. ` heFe designated by signs and- r"^•••^ An the exhibits and only residents of the Entertainment District Parking Zone South shall be permitted to park their properly permitted vehicles in the designated on -street parking areas of the Residential Parking Zone South of Dickson Street during the restricted parking period. (E) Special Regulations for Oversized Vehicles, Motorcycles, Motor Scooters and Bicycles: No vehicle that cannot fit within a standard on -street parking space may be parked on -street in the Entertainment District Parking Zone unless its owner or operator has obtained a special limited time and location permit pursuant to (1). Fayetteville, Arkansas, Code of Ordinances Created: 2022-12-12 10:36:39 [EST] (Supp. No. 27) Page 1 of 15 (1) An operator or owner of a moving van or other oversized vehicle that needs to park on -street in a designated area for a limited time to serve a residence, business or office within the Entertainment District Parking Zone may be issued a special, limited time and location parking permit by the Parking Division. (2) A resident of the Entertainment District Parking Zone who owns a motorcycle or motor scooter with over 70 cubic centimeters displacement may be issued a residential permit which shall allow free parking only in specially designed motorcycle/motor scooter on -street parking spaces and is prohibited from parking in standard on -street parking spaces reserved for residents' cars. Operators of motorcycles and motor scooters may park in paid parking spaces at the standard parking rate. No motorcycle nor any motor scooters may be parked on a sidewalk. (3) Operators of fuel efficient scooters and bicycles may park for free in specially designated parking spaces, but must pay the standard parking rate if parked in a normal paid parking space. No bicycle may be parked on a sidewalk unless it is utilizing a permanently installed and permitted bicycle rack. (F) Mixed Use On Parking. On stFe,,t parking spaces n SpFing Street f,-orn Block Avenue to West n. eRu en Seheel Avenue 40M GenteF Street te SpFing StFeet, on Leeust Avenue fFem Spring Street to GenteF , en Chureh Avenue 40M Diel(sen Street te Meadow Street, on Lafayette StFeet from West Avenue te FeF veRu^ and en Va.ndevemt Oven, i^ frern I fayette Street to Maple Stree+The mayor or designee shall have the authority to establish mixed -use parking spaces and locations which shall be available to the public for paid parking and to residents of the corresponding Entertainment District Parking Zone for properly permitted vehicles. fFee of charge. (G) -Free Public Use of Paid On street Porking. From 2:00 a.m. URW 2:00 p.rn. every day, all OR street paid pa4ing spaees within the Entekainment DiStFiGt PaF i (iRg Zone shall be fFee Of GhaFge and available te the publiE. Permit Fees. The Parking Division is authorized to assess permit fees to cover the actual costs of administration of its residential parking permit program. (H) Temporary Guest Passes: An Entertainment District Parking Zone resident may request the city to issue temporary guest passes for visitors to their residence. The Mayor or designee shall administer a guest pass program with the goal of accommodating the needs of both residents and businesses within the Entertainment District Parking Zone. Use of a guest pass in a manner not authorized by the guest pass program shall be a violation of this section for the vehicle's owner. (1) Residential Parking Permits May Not Be Loaned, Transferred, Sold or Used Except on the Designated Registered Vehicle: Any resident who attempts to or does loan, transfer, sell or give a residential parking permit to another person or entity, or who facilitates the use of the permit obtained for his registered vehicle on a nonregistered vehicle shall, in addition to the general penalty provisions in this chapter, immediately forfeit all permits issued to the resident and the right to apply for any future permits for three (3) years. (J) Penalty: The owner of any vehicle parked in violation of any term or requirement of this section shall be guilty of a violation and shall be subject to the penalties set forth in §72.99. (Supp. No. 27) Created: 2022-12-12 10:36:37 [EST] Page 2 of 15 72.21 Residential Parking Permit Program For The Downtown Business District Parking Zone (A) Applicability. This Downtown Business District Parking Permit Program shall be applicable at certain long- term parking areas as prescribed by the Parking Manager within the Downtown Business District Parking Zone as shown and described on Exhibit B attached to the enacting ordinance. (B) Definitions. Fuel efficient scooter or bicycle means bicycles, gas powered scooters not exceeding 70 cubic centimeters and electric powered bicycles and scooters. Guest pass means the pass or authorization to park within the appropriate parking zone pursuant to this section. Registered vehicle means a motorized, validly state licensed and insured vehicle kept at the residence owned or leased by the resident within the Downtown Business District Parking Zone. The Arkansas Vehicle Registration Certificate for the vehicle should list the residence within the Downtown Business District. The Parking Division may accept other reliable documentation of ownership or occupancy of a residence within the Zone to justify issuance of a residential parking permit for a resident's vehicle. Residence means a legal residential address and shall exclude business addresses. Resident means a natural person residing within a dwelling that the resident owns, leases or rents within the Downtown Business District Parking Zone. Residential parking permit means the currently valid permit issued by Parking Division which allows the resident to park the permitted resident's vehicle in an authorized parking zone pursuant to the terms of this section. (C) Special Regulations for Oversized Vehicles, Motorcycles, Motor Scooters and Bicycles. No vehicle that cannot fit within a standard parking space may be parked in the Downtown Business District Parking Zone unless its owner or operator has obtained a special limited time and location permit pursuant to (C)(1) below. (1) An operator or owner of a moving van or other oversized vehicle that needs to park on -street or in a designated area for a limited time to serve a residence, business or office within the Downtown Business District Parking Zone may be issued a special, limited time and location parking permit by the Parking Division. (2) A resident of the Downtown Business District Parking Zone who owns a motorcycle or motor scooter with over 70 cubic centimeters displacement may be issued a residential permit which shall allow free parking only in specially designed motorcycle/motor scooter parking spaces and is prohibited from parking in standard on -street parking spaces reserved for residents' cars. Operators of motorcycles and motor scooters may park in paid parking spaces at the standard parking rate. No motorcycle nor any motor scooters may be parked on a sidewalk. (3) Operators of fuel -efficient scooters and bicycles may park for free in specially designated parking spaces but must pay the standard parking rate if parked in a normal paid parking space. No bicycle may be parked on a sidewalk unless it is utilizing a permanently installed and permitted bicycle rack. (D) Temporary Guest Passes. A Downtown Business District Parking Zone resident may request the city to issue temporary guest passes for visitors to their residence. The Mayor or designee shall administer a guest pass program with the goal of accommodating the needs of both residents and businesses within the Downtown Business District Parking Zone. Use of a guest pass in a manner not authorized by the guest pass program shall be a violation of this section for the vehicle's owner. (Supp. No. 27) Created: 2022-12-12 10:36:38 [EST] Page 3 of 15 (E) Cost of Program. The Parking Division is may -authorized to chaFge up +^ $25 00 ...,.,uall„ per residentassess permit fees to cover the actual costs of administration of the Downtown Business District Parking program. (F) Residential Parking Permits May Not Be Loaned, Transferred, Sold or Used Except on the Designated Registered Vehicle. Any resident who attempts to or does loan, transfer, sell or give a residential parking permit to another person or entity, or who facilitates the use of the permit obtained for his registered vehicle on a nonregistered vehicle shall, in addition to the general penalty provisions in this chapter, immediately forfeit all permits issued to the resident and the right to apply for any future permits for three (3) years. (G) Penalty. The owner of any vehicle parked in violation of any term or requirement of this section shall be guilty of a violation and shall be subject to the penalties set forth in §72.99. ARTICLE III PARKING METERS 72.50 Definitions For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning: Downtown Business District Parking Zone. The area depicted on the map and described on Exhibit B attached to this enacting ordinance. Electronic payment stations. A place where a person who has parked his or her vehicle in a Downtown Business District or Entertainment District Parking Zone paid parking space Ar let may pay the appropriate fee for the paid parking space. Electronic payment stations may include physical payment stations, mobile applications, or other technologies used by the City as part of its parking management system. Employee parking card. A card or code issued by the Parking Division for use only by employees of businesses operating in the D;r# rac o .',;. - -^. ^an established parking district zone which may be discounted by the Mayor up to 90% of normal parking rates for certain paid parking spaces within the zone. 72.51 Presumption As To Unlawful Parking In Metered Space And Paid Parking Space Or Lot Serviced By An Electronic Payment Station. The indication on the parking meter or within the Electronic Payment Station System that the paid for time has expired shall be presumptive evidence, as to the parked vehicle then found in the parking space or paid parking facilitylet regulated by such parking meter or the Electronic Payment Station System, that the owner or driver has failed to pay for all the parking used in such space or facility which shall be presumptive evidence of the violation of unlawful parking. (Code 1965, §19-152; Ord. No. 931, 2-23-48; Ord. No. 1083, 6-6-55; Code 1991, §72.51; Ord. No. 5324, 6-1-10) 72.52 Purpose Of Deposit Or Electronic Payment Requirement The coins required to be deposited in parking meters or the electronic payment required to be made at electronic payment stations by this article are for the purpose of regulating parking, to cover part of the cost of such necessary regulation for the convenience and protection of the public, and to accumulate revenues to use for the (Supp. No. 27) Created: 2022-12-12 10:36:38 [EST] Page 4 of 15 construction of additional parking facilities including parking decks, and tO provide operating revenue for the (Code 1965, §19-153; Ord. No. 931, 2-23-48; Ord. No. 1083, 6-6-55; Code 1991, §72.52; Ord. No. 5324, 6-1-10) 72.55 Collections From Meters And Electronic Payment Stations The Parking Manager shall be responsible for the collection all deposits or electronic transactions from parking meters and electronic payment stations installed under this article and deliver them to the Accounting Department or as directed by the Mayor. 72.57 Parking Meter Zones (A) The Mayor, OF hiS 61611Y allth )Fiz d .eff s n+-,4v or the Mayor's designee is hereby authorized to describe, establish and alter parking meter zones. (B) Parking meters shall be installed not more than 2 feet from the curb nor more than 4 feet from the front line of the parking space. Spaces shall be marked out as individual parking meter spaces for vehicles and kept clearly marked at all times. No parking meter authorized herein shall be so installed or a parking space so established that it will obstruct the convenient egress and ingress to any property butting on any street. (C) Each parking meter installed under this section, shall be set to operate upon the deposit therein of the prescribed eeiR OF ee+espayment for the period of time prescribed as parking time limits in subsection (F) below. Each of such meters shall be so arranged so as to show or display a signal, which shall clearly indicate whether the time limit during which parking in that space is permitted has expired. (D) Any person parking a vehicle within a parking meter zone established by this section shall park the same wholly within the lines of the parking space marked as provided in subsection (B), and it shall be unlawful for any person to park or leave a vehicle in any such zone, unless it is wholly within such space. Where the parking meters are placed in front of parking spaces, the radiator shall be as near as possible to the parking meter controlling the spacel, a4+d where the parking meters are placed alongside the parking spaces, the front fender or front wheels of the vehicle shall be as near as possible to the parking meter controlling the space; and for back -in parking spaces, the rear license plate or rear bumper of the vehicle shall be as near as possible to the parking meter controlling the space. (E) Regulated Hours for Parking Meters. (1) The Mayor or the Mayor's designee ^„• E)F E)F designee is 4e�authorized to establish dates and times within established parking district zones'"'it"in the F-Rte4,m^m^r+ P;StF;et o- -i,mr Z n b *,.,,,,,n the hours of 2:00 p.rn. until 2:00 a.m. every ,whereby the owner or driver of a vehicle upon parking the vehicle in a parking meter space shall immediately deposit into the parking meter or electronic payment station sufficient money or other authorized payment as requiFed ;n §" C8(H) (32) The Mayor or the Mayor's designee is hereby authorized to establish grace periods within the Entertainment and Downtown Business Parking Zones whereby the parking rate may be waived for a limited amount of time upon the arrival of a vehicle into a paid parking space. Created: 2022-12-12 10:36:38 [EST] (Supp. No. 27) Page 5 of 15 (F) Unlawful to Leave Vehicle Parked in Excess of Allowed Time. Upon the expiration of the legal parking time paid for and allowed pursuant to this chapter during the period that paid parking is required, it is unlawful for the owner or driver to leave the vehicle in the parking space. Violation of such overtime parking shall be punished pursuant to §72.99. (Code 1965, §§19-169-19-173; Ord. No. 931, 2-23-48; Ord. No. 1196, 4-6-59; Ord. No. 1775, 12-21-70; Ord. No. 2403, 12-6-77; Ord. No. 2410, 1-16-78; Ord. No. 2616, 4-1-80; Ord. No. 2769, 11-3-81; Ord. No. 4222, 2-15-00; Code 1991, §72.57; Ord. No. 5324, 6-1-10; Ord. No. 5598, 7-2-13; Ord. No. 6475, §3, 9-7-21) 72.58 Off -Street Parking Facilities; Rules And Rates (A) Established. The following named and described real estate lying within the corporate limits of the city is hereby established as and shall constitute public off-street automobile parking facilities ^,gamer facilities within the Downtown Business District Parking Zone. (1) Lots 8 to 15, inclusive, in Block 26 of the original plat of the city, including an alley 10 feet in width and running in an east and west direction and adjoining the southern boundary of Lots 12 to 15, inclusive, and the northern boundary of Lots 8 to 11 inclusive. (2) Lots 8, 9, 10, 11, 12, 13, 14 and 15 of Block 30, in the town (now city), as designated upon the original plat of said town. (3) Lot 9A and a part of Lot 10, in Block 29, of the original plat of the city. (4) Part of the Northwest Quarter of the Southwest Quarter of Section 15, Township 16 North, Range 30 West, described as follows: Beginning at a point 84 feet south and 25 feet east of the northwest corner of the said 40-acre tract, and running thence south 178 feet; thence east 70.3 feet; thence north 178 feet; thence west 70.3 feet to the point of beginning. (5) A part of Block 7, of the original plat of the city, more particularly described as beginning at a point 13 feet and two inches south of the northwest corner of said Block 7, running thence east 50 feet; thence south 267 feet to the point of beginning. (6) Lots 7, 8, 9 and 10 of Block 17 in the town (now city) as designated upon the original plat of said town. (7) Lots 8, 9 and 10 of Block 13 in the town (now city) as designated upon the original plat of said town. (8) Lots 1, 2, Lot 3, less 52.53 feet of equal and uniform width off the south side thereof, and Lot 12, less 50 feet of equal and uniform width off the south side thereof of Block 13 in the town (now city) as designated upon the original plat of said town. (9) Part of Block 25, in the town (now city) as designated upon the original plat of said town, and more particularly described as follows: Beginning at the northeast corner of Lot 1 in said Block 25, thence west 42 feet; thence south 49.3 feet; thence west 58 feet; thence south 58.7 feet to the center of a platted alley; thence east 100 feet; thence north 107 feet to the point of beginning. (10) Part of Block 15, in the original plat of the city, described as follows: Beginning at a point 127 feet west of the northeast corner of Block 15 and running thence south 206 feet to the north line of a 12-foot alley; thence west 177 feet to the east line of an alley; thence north 90 feet; thence east 22 feet; thence north 116 feet to the south line of Meadow Street; thence east 17 feet; thence south 27 feet; thence east 20 feet; thence north 27 feet to the south line of Meadow Street; thence east 118 feet to the point of beginning. (11) Lots numbered 12 and 13 in Block 30 of the original town (now city). (B) Definitions. For the purpose of this section "public off-street automobile parking facilities" are defined as accommodations procured or provided, or both, by public authority for the parking of motor vehicle off the (Supp. No. 27) Created: 2022-12-12 10:36:38 [EST] Page 6 of 15 street or highway, and open to public use with or without charge. Parking facilities may consist of lots, garages, or other structures and accessories; they may be surfaced facilities or facilities above or below ground. (C) Marking of Parking Spaces. The Mayor or the Mayor's designee is heFelay authorized to mark off individual parking spaces in the parking Ppeter-facilities established by this section, such parking spaces to be designated by lines painted or durably marked on the curbing or otherwise. (D) Installation, Location, Mechanical Requirements, and Maintenance of Meters within the Downtown Business District Parking Zone. In the parking naete -facilities established by this article, the Mayor or the Mayor's designee s4eis authorized to install parking meters. Where parking meters are installed, the Mayor or the Mayor's designee shall cause parking meters to be installed upon the curb immediately adjacent to the parking spaces marked in accord with subsection (C) above, such installation to be placed not more than two feet from the curb or concrete islands as provided, from the front line of the parking space as indicated, and the mayor shall be responsible for the regulation, control, operation, maintenance, and use of such parking meters. Each parking meter installed shall indicate by proper legend the legal parking time established by the city and, when operated, shall at all times indicate the balance of legal parking time, and at the expiration of such period shall indicate illegal or overtime parking. (E) Vehicles to Be Parked Entirely Within Parking Spaces. At each space marked off in accord with subsection (C) above, it shall be unlawful for any person to park any vehicle across any lines or markings of such space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings. (F) Payment Required. (1) Except in a period of emergency determined by an officer of the Fire or Police Departments, or in compliance with the directions of a police officer or traffic control sign or signal, when any vehicle is parked in any parking space within a parking facility alengside ^F ^ where era parking meter or electronic payment station is located in accord with this section, the operator of such vehicle shall, upon entering the parking Fneter space, immediately make payment for the applicable parking rate. If paying by coin, the operator of such vehicle shall deposit or cause to be deposited in the meter such proper coin of the United States or other payment as is required for such parking meter or electronic payment station and is designated by proper directions on the meter or electronic payment station, and when required by the directions on the meter, the operator of such vehicle, after the deposit of the proper coin or coins or other payment, shall also set in operation the timing mechanism on such meter in accordance with directions properly appearing thereon. Failure to deposit such proper coin or other payment, and to set the timing mechanism in operation when so required, shall constitute a violation of this section. Upon proper payment (and the setting of the timing mechanism in operation when so required) the parking space may be lawfully occupied by such vehicle during the period of time which has been prescribed; provided that any person placing a vehicle in a parking meter space adjacent to a meter which indicates that unused time has been left in the meter by the previous occupant of the space shall not be required to deposit a coin so long as his occupancy of the space does not exceed the indicated unused parking time. (2) The 4:RMayor or the Mayor's designee (except ^f+y helidays may suspend parking regulations within established parking district zones during city holidays- (G) City Parking Lots and Parking Meters Within the Downtown Business District Parking Zone. The mMayor or the Mayor's designee sk+a4is4e authorized to setestablish the parking fees for all the parking lots identified in subsection (A) and all parking meters. The fe44ewing- stablished parking fees are established and shall be required to be paid by the owner or operator of any vehicle parked in those spaces or parking facilitieslets: (Supp. No. 27) Created: 2022-12-12 10:36:38 [EST] Page 7 of 15 (2) All other parking meters — 50 per hOUF /B�C Gated et�e�spa se) �t30nn per ., nth.(4) Long teFm PaFl(iAg permits (hang tags) fer use enly at long teFM spa6es $30.00 peF MORth. (&1) Town Center Parking Deck — fees shall be set by the Fayetteville Advertising and Promotion Commission pursuant to the terms of its contract with the City of Fayetteville for the operation and maintenance of the Town Center Parking Deck. If the contract expires or is terminated, fees shall be set at not more than $70.00 per month nor more than $4.00 per day if space is available. (62) Discounted Parking rates for Employees (employee parking cards or coupons). In order to assist employees working in the Downtown Business District Parking Zone, the Mayor is authorized to sell and issue employee parking cards or codes that can be used for certain more distant parking spaces at a highly discounted rate of up to 90% off the normal parking rate. (H) City Parking Lots, Parking Decks and Paid On -street Parking Spaces Within the Entertainment District Parking Zone. The fnMayor or the Mayor's designee `hall be a Cher ed- is authorized to establish the on -street and off-street locations within the Entertainment District Parking Zone whereby parking fees are required, to set the parking fees for such locations, and to set the dates and times F9F PaF'(iAg in the `"lest Avenue' et Sewt" Let, East Let, NeFth Let, SpFiAg StFeet PaF'(iAg Deek and all paid en stFeet paFI(iAg spaees within the when payment shall be required to be paid by the owner or operator of any vehicle parked in those spaces or facilities.let-. The Mfnayor or Mayor's designee may suspend parking regulations within established parking district zones during city holidays _(1) F4da-y (a) zio P.M. HMO C:QQ P.M. $.50 peF h-E� (19) 6iQQ-P..M..-HAW 2:Bo-a-rrrth ICif011eWiRg-d $ nn ., . he6 i (e) 2iOO a.m. until 2:00 p.m. — freePaFking (d) 2!00 p.m. until 2Q0 a.m. the following day the ewner er opeFater of aRy vehiGle shall have the (31) Motorcycle and Motor Scooter Parking in Specially Designated Motorcycle/Motor Scooter Paid Parking Spaces. PTarking rates for normal, passenger car sized paid parking spaces shall be reduced by 50% for all specially designated motorcycle/motor scooter paid parking spaces. All motorcycles and motor scooters will have to pay the normal full rate if parked within a normal, passenger car sized parking space. (42) Discounted Parking rates for Employees (employee parking cards or coupons). In order to assist employees working in the Entertainment District Parking Zone, the Mayor is authorized to sell and issue employee parking cards or codes that can be used for certain more distant parking spaces at a highly discounted rate of up to 90% off the normal parking rate. _(5) Reserved. (Supp. No. 27) Created: 2022-12-12 10:36:38 [EST] Page 8 of 15 (6) LWstAnne* Parking Let:53. FeF parking an the West Annex PaFkiRg LEA 53 located at 346 West AveRue, the pad(iAg Fates shall apply as fellews! (a) Menday threugh Friday' 5�00 p.m. until 2-00 a.m. the felleWiRg day — $1.00 peF hA-'--r the evine-F eF epeF@teF ef any Vehicle s a.m. until 7:00 free r- -I,mr.. 7.nn til r.nn I I ity i+ hi..., I., (eRfereed by I I f ni rvvir�rarr �vv-p-rr�v-nivcr`irc�F'�-rcn"'i-'rc-psmcn-rser"rt��cnrcrcca�sy—v-e-rrc� (b) Saturday: 6:no 00 p.m. until 2:00 a.m. the fellew ng d — $ nn per ha,,. 2:QQ p.m. until @.M. the fellewung day the evine-F er epeFateF ef aRy Vehicle shall have the eptie (E)SuRday: 2:99 a.m. until 7:99 a.m. Menday fPee ...,.I Ag 2:00 p.m. unto! 2-0-0- am the fellewing day the A_y.g.m.P_.r n­r epeFateF ef any vehiele shall have the eptie (1) Rates for Parking in City Parking Garages. (1) Parking garages shall be rented monthly at a market rate as authorized by the MaYeF 81. de&ig eedetermined by the Mayor or the Mayor's designee ^^++ ,,.,,.eedd the -....e-un+ of c7-0nn peF ..+h /peF (2) The single eRtFY Fate fer the eity pad(iAg garage en Mead-ev.0-4reet r-.h-;;'' be Set _;#_ a Fate ef $3.0&p-ef Vm_rot An. +h.. +hilyd level and $n nn per sit en the f:.S+ level, of eRtF., as of restri.,+...J (32) It shall be unlawful for any person to cause, allow, permit or suffer any vehicle operated by him or registered in his name to be parked in any city parking garage without paying the parking fees prescribed above. (J) Overtime Parking. 4+—If any vehicle remains parked in any metered parking space or within a paid parking facilitylel beyond the period paid for such parking, the owner or operator of such vehicle shall be guilty of overtime parking and be subject to the punishment specified in §72.99. be paFl(ed in a gated city let fer mere than Veventy feuF (24) eeptinue-us hA-UFS. ARY SUGh illegally paF!(ed vehicle is subject to the provisions of §72.99 and to nencensensual tewing at the owner's expense whe sh-.II have pest .JepFiyatieR heaFi Rg Fights as et fee O - h-SeetieR (I ) (K) One-way Traffic and Improperly Driving Through or Around Gates on City Parking Lots. (1) The Mayor is hereby authorized to determine and designate specific lanes upon the real estate described in subsection (A) above upon which vehicular traffic shall proceed in one direction only and (Supp. No. 27) Created: 2022-12-12 10:36:38 [EST] Page 9 of 15 shall cause to be placed appropriate markings, signs, barriers, or other devices to give notice thereof. The Mayor shall cause to be erected signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the centerline of the roadway. (2) When signs indicating the direction of traffic are erected and maintained in accord with subsection (1) above, vehicular traffic shall move only in the indicated direction, and it shall be unlawful for any person to operate any vehicle in violation of the markings, signs, barriers, or other devices placed in accordance with subsection (1) above. (3) No driver may attempt to leave a gated city parking lot without paying the amount of parking fees due pursuant to subsections (G) or (H) by driving around the gate, by improperly driving through a gated entry or exit or by damaging or improperly manipulating any part of the gate. (L) Immobilization of Illegally Parked Motor Vehicle. (1) Immobilization Authorized. Employees of the Tfa­4i=&ParkinE Division and officers of the Police Department are hereby authorized to temporarily immobilize any vehicle which is parked in violation of any provision of this chapter and whose owner has been cited for violating these parking regulations at least twice in the preceding thirty days or has outstanding fines and costs from previous parking violations due and owing. (2) Post -deprivation Hearing. When any vehicle is immobilized under the provisions of this section, the owner or operator shall have the right to a post -deprivation administrative hearing by filing a written request for such a hearing with the Mayor. (3) Conduct of Hearing. (a) A hearing shall be conducted before a hearing officer designated by the Mayor and shall be held within twenty-four (24) hours from receipt of a written demand therefor, unless the right to a speedy hearing is waived in writing. Saturdays, Sundays, and city holidays are to be excluded from calculating said twenty-four (24) hour period. The hearing officer shall not be the person who directed the impounding and storage of the vehicle. The sole issue before the hearing officer shall be whether there was probable cause to immobilize the vehicle in question. (b) The hearing officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The person demanding the hearing shall carry the burden of establishing that such person has the right to possession of the vehicle. The city shall carry the burden of establishing that there was probable cause to immobilize the vehicle in question. At the conclusion of the hearing, the hearing officer shall prepare a written decision. A copy of such decision shall be provided to the person demanding the hearing and to the registered owner of the vehicle. The hearing officer's decision shall in no way affect any criminal proceeding in connection with the immobilization. The decision of the hearing officer shall be final. Failure to request a post -immobilization hearing within three (3) days from the date of immobilization, or failure to attend a scheduled post -immobilization hearing shall be deemed a waiver of the right to such hearing; and, the Police Department shall be authorized to have the vehicle towed to and stored at a safe place designated as an official police garage by the Chief of Police. The owner or operator of the vehicle shall be liable for all towing and storage fees. (4) Decision of Hearing Officer. (a) The hearing officer shall only determine whether there was probable cause to immobilize the vehicle. If the hearing officer determines that there was no probable cause, the hearing officer shall prepare and date a certificate of no probable cause, a copy of which shall be given to the registered owner of the vehicle or his agent and to the Police Department and Traffic Division. Upon receipt of the owner's copy of such certificate, an employee of the traffic division or an officer of the Police Department shall remove the immobilization device from the vehicle. (Supp. No. 27) Created: 2022-12-12 10:36:38 [EST] Page 10 of 15 (b) If the hearing officer determines that there was probable cause for immobilizing the vehicle, the registered owner, or his agent, may obtain removal of the immobilization device by posting a bond in a reasonable amount specified by the District Court. The amount of said bond shall be not less than a sum equivalent to the cumulative total of applicable fines, court costs, towing fees and storage fees. Upon presentation of a receipt evidencing the posting of said bond, an employee of the Traffic Division or an officer of the Police Department shall remove the immobilization device from the vehicle. (M) Special Event Permits Needed to Use City Owned Parking Lots, Paid On -Street Parking Spaces, or to Close City Streets. (1) Events Needing the Use of City Owned Parking Lots or Paid Parking Spaces Along City Streets for up to Eight (8) Hours. The Mayor is empowered by the issuance of a special event permit to assign any and all city owned paid parking lots and some or all on -street paid parking spaces for up to eight (8) consecutive hours, but not more than a total of sixteen (16) days per calendar year. (2) Events Requesting the Use of City Owned Parking Lot or On -street Paid Parking Spaces or to Close City Streets for More Than Eight (8) Consecutive Hours. (a) When an applicant for a special event permit proposes to use a city paid parking lot or close a city street for more than eight (8) consecutive hours, nearby residents shall be notified and be provided an opportunity to comment. Subject to the overall limit of sixteen (16) days per calendar year, the Mayor may propose to approve or to reject an expanded special event permit which would authorize the special event applicant to use city owned paid parking lots or on - street paid parking for more than eight (8) consecutive hours. The Mayor may also propose to approve or to reject the closure of city streets for more than eight (8) consecutive hours for a special event. (b) The Mayor by and through his staff shall notify the City Council Members by email or otherwise of the decision to grant or deny the special event permit and provide the City Council Members the results of the neighbor notification including comments by such citizens. If at least two (2) City Council Members notify the City Clerk's Office in writing within seven (7) days of the Mayor's notification of his or her decision that they wish to appeal such decision, then the issue will be presented on the next City Council meeting in which the Mayor's decision could reasonably be considered. The City Council would then be able to decide by Resolution whether to reverse the Mayor's decision and upon what condition (if any) the permit would be granted. _(N) Electric Vehicle Charging Stations. The Mayor is authorized to designate Electric Vehicle Charging Station parking spaces in city parking facilities to prohibit all non -electric vehicles from parking in these spaces. The owner or operator of an electric vehicle shall only park in this space while charging the vehicle's battery and shall pay normal parking rates while parked in this space. (0) Event Parking. The Parking Division may implement event parking in city managed parking facilities as deemed necessary by the Mayor or 4s-designee. Such event parking will require a person desiring to park a vehicle in a designated event parking facility to pay a fee o;$5.00the event parking fee as established by the Mayor or the Mayor's designee. The City of Fayetteville shall provide sufficient personnel to staff event parking. (Code 1965, §§19-185-19-195; Ord. No. 1083, 6-6-55; Ord. No. 1197, 4-6-59; Ord. No. 1231, 1-25-60; Ord. No. 1242, 8-8-60; Ord. No. 1576, 11-6-67; Ord. No. 1802, 6-21-71; Ord. No. 1866, 6-5-72; Ord. No. 2613, 3-18-80; Ord. No. 2769, 11-3-81; Ord. No. 2815, 6-15-82; Ord. No. 2875, 11-23-82; Ord. No. 2914, 4-19-83; Ord. No. 2939, 9-12- 83; Ord. No. 3995, §1, 9-17-96; Ord. No. 4222, 2-15-00; Code 1991, §72.58; Ord. No. 4889, 06-20-06; Ord. No. 5324, 6-1-10; Ord. No. 5340, 8-3-10; Ord. No. 5369, 12-7-10; Ord. No. 5407, 5-3-11; Ord. No. 5408, 5-3-11; Ord. No. 5597, 07-02-13; Ord. No. 5598, 7-2-13; Ord. No. 5604, 8-6-13; Ord. No. 5881, §1, 6-21-16; Ord. No. 5943, §1, 1-3- 17; Ord. No. 5964, §§1, 2, 4-4-2017; Ord. No. 6312, §1, 5-5-2020; Ord. No. 6475, §§ 4-6, 9-7-21) (Supp. No. 27) Created: 2022-12-12 10:36:38 [EST] Page 11 of 15 72.59 Dicks^^ Strept Fi;teFtai.... pRt D:rtrffi t n..R-al PaFl(iRg PaSS o..,.gFa;.Establishment of Parking Permit Programs The MaYOF er�Mayor or the Mayor's designee is may -authorized to estab4hcreate parking permit programs within established parking districts, t94R4u4eset the permit fees, and establish the locations, dates and times for where and w4e4i a permit may be valid. Permit fees may not be increased more than one time each calendar year. 72.60 Establishment and Adjustment of Paid Parking Rates within Parking District Zones The Mavor or the Mavor's designee is authorized to establish on -street and off-street locations within established parking district zones in which parking fees are required; to establish the parking rates for such locations; and to establish the days and times when payment shall be required to be paid by the owner or operator of any vehicle parked in those parking spaces or facilities. The Mayor or the Mayor's designee may suspend parking regulations within established parking district zones during city holidays. (B) The Mayor or the Mayor's designee is authorized to adjust paid parking rates subject to the following limitatinnc (1) Paid parking rates shall not be increased within six months of the initial establishment of a parking district zone or within six months of any previous rate adjustment. Hourly rate adjustments shall not be increased by more than $2.00 per hour per adjustment. (2) The Parking Division shall conduct a utilization assessment based on peak hours and days prior to any adjustment. Rate and hour adjustments shall be based on deviation from ideal utilization rate between 75% and 85% of the paid parking spaces as determined by the Parking Division. The Mayor or the Mayor's designee may increase or decrease paid parking rates as necessary to achieve the goal of reaching the ideal utilization rate. (4) Adjustments to the paid parking rates or times shall be communicated through signage within the district for at least fourteen (14) days prior to the implementation of the adjustment. (Supp. No. 27) Created: 2022-12-12 10:36:38 [EST] Page 12 of 15 (1) An annual paFking pass, valid fFern August ist thFough july 31st the following yeaF and issued puFsuant to this seetien, shall cost $600.00. The total eest shall be Fedweed if puFehased afteF August ist but b-.--. - —.- --,, the following yeaF by an aFneunt equal te the total annual east divided by the total number ef days remaining beefeere the inext August ist. Any annual pad(ing pass PLIFGhart-d An Ar RftPr Iu ne 'I st shall only h.,.,..me valid on the fell ,.. ing August 1 -t (2) AR annual paFl(ing pass is vehiele specifie in that it Shall be tied- te only ene vehiele license plate numbeF, and net to any paFtieular peFsen. (3) An annual parking pass may be transferred to another vehicle Upen payment of a $25.00 processipg few (4) NE) refunds shall be issued for any annual pad6ng pass. (Ord. No. 5371, 12-7-10) 72.60-72.69 Reserved ARTICLE IV NONCONSENSUAL TOWING REGULATIONS 72.70 Application (A) These nonconsensual towing regulations shall apply within the FmeFt-,;nmeRt DiStriet o- rl(mRg Z R sh,,,.,� r Exhibit Aestablished parking district zones for the nonconsensual towing of a vehicle subject to registration under the laws of Arkansas if it is found abandoned, parked without the consent of the property owner or the owners' agent, parked in violation of the time period or location agreed to by the owner or owner's agent, or for whatever reason the owner or owner's agent believes a vehicle, which is not the property of the owner or owner's agent, should be towed. These regulations do not apply to removal of vehicles from publicly owned or leased property, nor to police initiated tows. The sign requirements do not apply to residential driveways or parking lots designed for four or fewer vehicles. These regulations shall apply city- wide where indicated in §72.72. (B) Il., Private Pay to Dark Lets within the wnt. W.9 0.154.9 .55 Distr46t D.-..Ling 7ene Owners/managers of private pay to park lots within the Downtown Business ss District Parking Z^^^established parking district zones shall follow and obey all requirements set forth in §§ 72.71, 72.72, and 72.73 of the Parking Regulations Chapter. These regulations do not apply to removal of vehicles from publica4ly owned or leased property, to police initiated tows, nor to other than private pay to park lots. (Ord. No. 5322, 6-1-10; Ord. No. 5611, 9-3-13) Created: 2022-12-12 10:36:38 [EST] (Supp. No. 27) Page 13 of 15 72.71 Requirements For Proper Signage Before Nonconsensual Towing From Private Parking Lots Is Permitted Within The rmntP .t.,;„mPnt Dist~;,.+ Established Parking District Zones (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 Nonconsensual Towing Warning Sign. Every private parking lot with five (5) or more spaces must have an easily readable nonconsensual towing 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 "Paid Parking Lot". The nonconsensual towing 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) The symbol for towing vehicles. (2) "Private Parking Lot." (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 parking in the lot. (5) "Parking in violation of posted restrictions will result in towing of vehicle at owner's expense, up to $60.00, plus storage of up to $10.00 per day." (6) Name, address (including physical address of storage lot), and telephone number of towing and storage firm authorized to tow vehicles from this private lot. (D) Contents of sign for "Customers Only" or "Residents Only" Parking Lot. The Nonconsensual Towing Warning Sign shall contain only the following information in clearly legible letters at least 1 inch in height in the following order from the top of the sign for a private parking lot that prohibits public parking and allows only residents or customers to park. (1) The symbol for towing vehicles. (2) "Private Parking Lot." (3) "Customers Only" or "Residents Only." The owner may denote the business or residential complex. (4) "Parking of unauthorized vehicle will result in towing of vehicle at owner's expense, up to $80.00, plus storage of up to $10.00 per day." (5) Name, address (including physical address of storage lot), and telephone number of towing and storage firm authorized to tow vehicles from this private lot. (Ord. No. 5322, 6-1-10) 72.72 Regulations Of Towing And Storage Companies (A) Valid Licenses Required. Any towing and storage company operating anywhere in the City of Fayetteville must be in full compliance with all state and local license requirements, A.C.A. §27-50-1101, the Fayetteville Code, and be in good standing with the Arkansas Towing and Recovery Board. (B) Allowed Charges for Nonconsensual Towing and Storage. Within the Entertainment Districtestablished Parking District Zones, no Towing and Storage Company may charge a nonconsensually towed vehicle's (Supp. No. 27) Created: 2022-12-12 10:36:38 [EST] Page 14 of 15 owner/driver more than $60.00 if the vehicle is towed from a "Paid Parking Lot", $80.00 if the vehicle is towed from a "Customers Only" or "Residents Only" Parking Lot, and $100.00 if the vehicle is towed from private property not classified as a "Paid Parking Lot" or "Customers Only" or "Residents Only" Parking Lot. In addition, the towing and storage company may charge up to $10.00 per day for storage beginning twelve (12) hours after the nonconsensually towed vehicle is placed in the storage lot and available to be reclaimed by its owner or driver. The maximum $100.00 towing fee and $10.00 per day storage fee for a nonconsensual tow from private property that is not police initiated is applicable everywhere within the entire city limits. The above fees are the total amount that can be charged to the owner/operator. No administrative, special equipment or other fee can be charged to the owner/operator of the vehicle. (C) Payments by Owner/Operator for Towing and Storage Charges. The towing and storage company must accept valid credit and debit cards for payment of towing and storage fees and may accept any other form of payment. (D) Location of Storage Yard. The towing and storage company may not charge mileage or transportation fees for towing the vehicle to its storage lot which must either be located within Fayetteville or not more than 8 miles from the place from which the vehicle was towed. (E) Company Must Answer Telephone. The towing and storage company shall answer every telephone call for the number displayed upon the nonconsensual towing warning sign during every twelve (12) hour period immediately after a vehicle has been towed if such vehicle remains in the towing and storage company's possession. (Ord. No. 5322, 6-1-10) (Supp. No. 27) Created: 2022-12-12 10:36:38 [EST] Page 15 of 15