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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/07/2004 - FIRST READING OF ORDINANCE NO. 139, 2004, AMENDINGORDINANCE NO. 139, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE FORT COLLINS TRAFFIC CODE RELATED TO PARKING WHEREAS, on February 18, 2003, by Ordinance No. 016, 2003, the Council of the City of Fort Collins adopted the Fort Collins Traffic Code (the "Traffic Code"); and WHEREAS, at the time of the adoption of the Traffic Code, it was the understanding of staff and Council that the Traffic Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Traffic Code reflects the traffic control needs of the city; and WHEREAS, the City recently completed and approved the Downtown Strategic Plan, which calls for enhanced parking enforcement to make Downtown friendlier to customers and visitors, promote parking space turnover, and increase long-term parking options for downtown employees; and WHEREAS, Council believes the proposed amendments will assist the Parking Services Division in the performance of its duties and the realization of the goals of the Downtown Strategic Plan; and WHEREAS, the Council has determined that the Traffic Code amendments which have been proposed are in the best interest of the City and its citizens; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 107(5) of the Fort Collins Traffic Code is hereby amended to read as follows: (5) In addition to the foregoing provisions of this Section, the parking requirements of this Traffic Code shall not apply to the driver of a City motor vehicle using camera radar to detect speeding violations under Section 1106 or to the driver of a Parking Services vehicle in the course of his or her official duties of enforcing parking regulations under Part 12 of this Traffic Code or to the driver of an authorized emergency vehicle, provided that such vehicles, at the time they parked, are being used by law enforcement or emergency services personnel in the performance of their official duties. Further, nothing in this paragraph shall relieve such drivers from the duty to park their vehicles with due regard for the safety of all persons, nor shall this paragraph protect such drivers from the consequences of their reckless disregard for the safety of others. Section 2. That Section 1204(6) of the Fort Collins Traffic Code is hereby amended to read as follows: (6) (a) No person shall park or direct another person to park a vehicle in a block face or a public parking lot for a period in excess of any time restriction established for parking in the block face or public parking. (b) Unless permission from the Parking Services Manager or designee has been granted, no person shall, after having vacated a time restricted parking space in a lot or block face, return and park or direct another person to return and park the same vehicle in the same lot or block face within a four hour period thereafter, regardless of whether or not the maximum time restriction has elapsed. Section 3. That the Fort Collins Traffic Code is hereby amended by the addition of a new Section 1227 which reads in its entirety as follows: 1227. Failure to pay parking structure or surface lot fees. A person shall not take or drive a vehicle out of a City operated parking structure or surface lot without paying the assessed parking fee. If the person cannot pay the fee at the time of exiting the structure or surface lot, said person shall sign a written promise to return within forty-eight (48) hours to pay said fee. It is unlawful for a person to fail to pay the parking fee. After forty-eight (48) hours, notice of the failure to pay violation shall be mailed to the registered owner of the offending vehicle pursuant to Section 1209(2). Failure to thereafter pay the parking fee and the fine for the failure to pay violation may subject the vehicle to immobilization and impoundment pursuant to Part 18 of this Traffic Code. Section 4. That Section 1801 of the Fort Collins Traffic Code is hereby amended to read as follows: 1801. Authority to impound and immobilize. . . . (4) If the owner of a vehicle does not respond to a notice sent to him or her by the Clerk of the Court or Municipal Court Clerk’s Office pursuant to this Traffic Code and any Parking Services personnel, code enforcement officer, community service officer or police officer finds such vehicle standing upon any portion of a street or highway right-of-way or other public property within the City, then such officer is authorized to immobilize such vehicle by installing on or attaching to such vehicle a device designed to restrict the normal movement of the vehicle, provided that such personnel or officer shall attach to the vehicle a notice advising the owner, driver or person in charge of the vehicle that the vehicle was immobilized due to the failure to respond to a notice regarding illegal parking and that release from such immobilization may be obtained contacting the Office of Parking Services or Office of Police Services and arranging for payment of all fines or other penalties applicable to such vehicle, including the charge established for immobilizing the vehicle and arranging for a trial before the Parking Services Referee. Arrangements for release must be made within seventy-two (72) hours of immobilization. If no arrangements are made within that time period, the vehicle may be impounded. . . . (6) Any person who violates Section 1801(5) above is guilty of a misdemeanor punishable under Section 1-15(a) of the City Code. Introduced and considered favorably on first reading and ordered published this 7th day of September, A.D. 2004, and to be presented for final passage on the 21st day of September, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 21st day of September, A.D. 2004. Mayor ATTEST: City Clerk AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 16 DATE: September 7, 2004 STAFF: Randy Hensley SUBJECT First Reading of Ordinance No. 139, 2004, Amending the Fort Collins Traffic Code Related to Parking. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY Staff is proposing four amendments to the Traffic Code that relate to parking enforcement. These amendments are needed to continue implementation of the “enhanced enforcement” recommendation in the Downtown Strategic Plan. The following is a brief description of the four amendments: 1. A provision to allow the parking services vehicles to park in restricted areas while on official business; 2. A change to the block ordinance that adds a four-hour period that must be honored before a vehicle can return and park in the same block; 3. A mechanism to address failure to pay in the City’s pay-parking facilities; and 4. Authority for the City to remove a booted vehicle after 72 hours if the owner or responsible party does not arrange for its removal. BACKGROUND The City completed and approved the Downtown Strategic Plan in February of 2004. The Downtown Strategic Plan calls for several parking changes, including making Downtown friendlier to customers and visitors, promoting on-street parking space turnover, and increasing long-term parking options for downtown employees. One of the specific tools called for in the Plan is “enhanced enforcement”, which is needed to insure that long-term parkers do not dominate short-term spaces and deprive customers and visitors of a place to park. Staff is recommending four code amendments for parking which are needed to assist Parking Services in the performance of its duties in the area of enhanced enforcement, and the realization of the September 7, 2004 -2- Item No. 16 goals of the Downtown Strategic Plan. Each of the four amendments is explained in detail below. Exemptions for Parking Services Vehicle (Section 107(5)) The first parking amendment is needed in order for parking enforcement officers to do their jobs effectively. The amendment would allow a Parking Services vehicle to park in an otherwise restricted area, such as a loading zone or red curb, while the parking officer is in the process of enforcement activities. All Parking Services vehicles are equipped with flashing yellow warning lights which would be activated while the vehicle is parked in the restricted area. Time Limit Amendment to the Block Ordinance (Section 1204(6)) The second amendment is designed to help address the problem caused by long-term parkers who inappropriately park in short-term spaces. Currently, the Traffic Code includes a block ordinance worded as follows: No person shall park or direct another person to park a vehicle in a block face or a public parking lot for a period in excess of any time restriction established for parking in the block face or public parking. (A “block face” is defined as all the parking between two intersections.) The problem with the existing block ordinance is that it includes no reference to the overall period of time to which the hourly time limit applies. In other words, when a vehicle leaves a block or lot, how long must that vehicle stay away before it can return to the same block or lot? In the absence of an explicit time limit, the Code has been interpreted to mean “for the remainder of the enforcement day.” The new language being proposed includes a four-hour rule, so when a vehicle leaves a block or lot, it would not be able to return for a period of four hours. This time limit is the amount needed to insure that long-term parkers do not dominate short-term parking spaces. Non-payment of Pay Parking (Section 1227) The third parking amendment requires people who park in a City-operated pay parking facility to pay for their parking. Under this amendment, if payment is not made, it will be a violation of the City traffic code and the offense can be treated like any other parking ticket. This change is needed because some parkers will attempt to leave the pay parking facility claiming that they have no funds with which to pay. The City’s current policy is to allow these people to leave the facility because requiring them to go somewhere else to obtain funds would disrupt operations in the facility. This change provides for a written promise to pay, and gives the person signing the promise-to-pay up to 48 hours to return with payment. Timely Impoundment (Sections 1801(4) and (6)) The fourth parking amendment allows Parking Services to impound or remove a vehicle that has previously been immobilized (booted), but for which arrangements to remove the vehicle by the vehicle’s owner or responsible party have not been made within 72 hours of immobilization. This change is needed because an immobilized vehicle that is not removed will impede traffic and/or occupy a parking space that could be used by other parkers. The 72-hour time period will not include weekends or holidays, thus insuring that the Parking Services office is open and available to the public for three full business days. September 7, 2004 -3- Item No. 16 There is also a minor amendment in this section which clarifies that it is a misdemeanor to tamper with or attempt to remove an immobilization device that has been placed on a vehicle by the City. Public Process and Support Over the past eighteen months, the Parking Services Division has conducted extensive outreach, marketing and education about the objectives of the Downtown Strategic Plan and the tools that are being implemented to reach those objectives. These efforts have included public open houses, mailings, flyers distributed to all Downtown businesses, meetings with the boards of directors of the DDA and DBA, three breakfast meetings for businesses, meetings at specific places of business, warnings and informational brochures included with certain parking citations, and on-street talks with individuals, as well as numerous phone calls and letters to individuals. The proposed Traffic Code changes have been approved by the Safety and Traffic Engineering Branch of the Colorado Department of Transportation. The boards of both the Downtown Business Association (DBA) and the Downtown Development Authority (DDA) support enhanced enforcement as called for in the Downtown Strategic Plan, and more recently (June, 2004), passed specific motions supporting language that would implement a “four-hour provision”. The City of Fort Collins Transportation Board has reviewed and recommended approval of the Downtown Strategic Plan, including the parking recommendations.