HomeMy WebLinkAbout139 - 09/21/2004 - AMENDING THE FORT COLLINS TRAFFIC CODE RELATED TO PARKING ORDINANCE 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:
%U�k A�&".
City Clerk
Passed and adopted on final reading this 21st day of September . 2004.
Mayor
ATTEST:
City Clerk