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HomeMy WebLinkAbout008 - 02/03/2009 - RELATING TO CHANGES IN THE TRAFFIC CODE TO IMPLEMENT A VOLUNTEER HANDICAP PARKING ENFORCEMENT PROGRA ORDINANCE NO. 008, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO CHANGES IN THE CITY OF FORT COLLINS TRAFFIC CODE TO IMPLEMENT A VOLUNTEER HANDICAP PARKING ENFORCEMENT PROGRAM WHEREAS,the Fort Collins Traffic Code regulates parking and traffic within the City;and WHEREAS, the City's enforcement of handicap parking regulations is limited by a lack of Parking Services resources to patrol parking lots to gather evidence and issue citations for handicap parking violations; and WHEREAS,the City previously administered a Handicap Parking Enforcement program that was underutilized due to its ineffectiveness; and WHEREAS,Parking Services and the Commission on Disability have recommended that the City enhance the effectiveness of its enforcement program by utilizing citizen volunteers to gather initial evidence and post notices on vehicles violating handicap parking regulations, and allowing Parking Services officers to finish the investigation and mail citations; and WHEREAS,the City Council believes that these changes to the City Code and Traffic Code are in the best interests of the City and the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 102 of the Fort Collins Traffic Code is hereby amended to read as follows: 102. Applicability. This Traffic Code shall apply to every street, alley, sidewalk area,driveway, park and to every other public way or public place or public parking area, either within or outside the corporate limits of the City, the use of which the City has jurisdiction and authority to regulate. The provisions of sections 606, 1211, 1208, 401, 1402, 1409, 1413 and 1601 of this Traffic Code, as adopted and amended herein, respectively concerning unauthorized devices, limitations on backing, reckless driving, careless driving, insurance compliance,eluding an officer and accident investigation shall apply not only to public places and ways, but anywhere throughout the City. Section 2. That Section 1208 (3)(c) is hereby amended to read as follows: 1208. Parking privileges for persons with disabilities. (c) Each parking space reserved for use by persons with disabilities, whether on public property or private property, shall be marked with an official upright sign or official markings on the pavement, which sign may be stationary or portable, identifying such parking space as reserved for use by persons with disabilities. Section 3. That Section 1209 of the Fort Collins Traffic Code is hereby amended to read as follows: 1209. Notice and procedure for parking violations. (1) Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the parking,standing or stopping provisions of this Traffic Code, an authorized person or officer finding such vehicle shall take its registration, license plate or vehicle identification number and any other information displayed on the vehicle which may identify its user. Except as otherwise provided for below, such person or officer shall conspicuously affix to the vehicle a penalty assessment notice directing the driver to respond and answer the charge at a place and time specified in said notice. (a) With respect to violations of Section 1208, any citizen participating in the City's Handicap Parking Enforcement Program who finds a vehicle parked or stopped in violation of Section 1208(5)or(9),may take its registration number, license plate or vehicle identification number,a photograph,record any other information displayed on the vehicle which may identify its owner(s) and conspicuously affix to the vehicle a notice of violation informing the driver that he or she is being investigated for a violation of handicap parking restrictions. The program participant shall thereafter, within seven (7) days, deliver the information, photograph and a copy of the notice to a Parking Services or Fort Collins Police Services officer.Upon receipt of the information from the program participant, a parking services or police officer shall review said information and make further inquiry regarding the owner of the vehicle in violation, and if appropriate, shall serve a penalty assessment notice by mail to the registered owner of the vehicle directing the owner to respond and answer the charge at a place and time specified in said notice. (b) With respect to violations of Section 1227, any person who fails to return and pay a parking fee, shall be mailed a citation, directing him or her to respond and answer the charge at a place and time specified in the citation. (2) In any prosecution charging a violation of any provision of this Part 12,proof that the particular vehicle described in the notice was parked or stopped in violation of such provision, together with proof that the defendant named in the notice was at the time of such violation the registered owner of the vehicle, shall constitute prima facie evidence that the registered owner was the person who parked or stopped the vehicle at the time and place of the violation. (3) In addition to any other liability provided for in this Traffic Code, the owner of a motor vehicle who is engaged in the business of leasing or renting motor vehicles is liable for payment of a parking violation fine unless the owner of the leased or rented motor vehicle can furnish sufficient evidence that the vehicle was, at the time of the parking violation, in the care, custody or control of another person. To avoid liability for payment, the owner of the motor vehicle is required, within a reasonable time after notification of the parking violation, to furnish to the prosecutorial division of the appropriate jurisdiction the name and address of the person or company who leased, rented or otherwise had the care, custody or control of such vehicle. As a condition to avoid liability for payment of a parking violation,any person or company who leases or rents motor vehicles to another person shall attach to the leasing or rental agreement a notice stating that, pursuant to the requirements of this Section,the operator of the vehicle is liable for payment of a parking violation tine incurred when the operator has the care, custody or control of the motor vehicle. The notice shall inform the operator that the operator's name and address shall be furnished to the prosecutorial division of the City when a parking violation fine is incurred by the operator. (4) If the driver or owner of a motor vehicle charged with a violation of any parking, standing or stopping provision of this Traffic Code fails to respond to a penalty assessment notice affixed to such vehicle or mailed to him or her, by appearance or payment at the Office of Parking Services or Municipal Court, the Clerk of the Court or Parking Services Office shall send another notice by mail to the registered owner of the vehicle to which the original notice was affixed,warning him or her that a default judgment may enter and, in addition, in the event such notice is disregarded for a period of twenty(20) days from the date of mailing,the vehicle is subject to immobilization and the procedures described in Part 18 of this Traffic Code. (5) Any person charged with a parking,stopping or standing violation under this Traffic Code for which a penalty assessment notice may be issued and for which payment of a fine may be made to the Parking Services Office shall have the option of paying such fine within the date, time and at the place specified in the penalty assessment notice upon entering a plea of guilty and upon waiving appearance in court; or may have the option of depositing any required lawful bail, and upon a plea of not guilty shall be entitled to a hearing before the Parking Services Referee. (a) Payment of a penalty assessment notice by the person to whom notice is served shall constitute an acknowledgment of guilt by such person of his or her violation of the offense stated in such notice. (b) Payment of the prescribed fine shall be deemed a complete satisfaction for the violation, and the Parking Services Office, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof. Checks tendered and accepted and on which payment is received shall be deemed sufficient receipt. Section 4. That Section 1227(2) of the Fort Collins Traffic Code is hereby amended to read as follows: 1227. Failure to pay parking structure or surface lot fees. (2) If the person cannot pay the parking fee upon exiting the parking structure or surface lot at which a parking services attendant is present, said person shall sign and provide the attendant with a written promise to return within forty- eight (48) hours to pay the parking fee. If the parking fee is not paid within forty-eight (48) hours, a citation for failure to pay the parking fee shall be mailed to the registered owner of the offending vehicle pursuant to Section 1209 of this Traffic Code. Section 5. That Section 1701 of the Fort Collins Traffic Code is hereby amended to read as follows: 1701. Traffic offenses classified. (1) It is a misdemeanor traffic offense for any person to violate any provision of the Traffic Code except as provided in Section 1-15 of the City Code. (2) The Municipal Court shall designate the specified traffic offenses or infractions under this Traffic Code and ordinances of the City and the state traffic laws with respect to which payments of fines may be accepted by the Municipal Court Clerk's Office or Parking Services Office in satisfaction thereof, and shall specify by suitable schedules the amount of such fines for first, second and subsequent offenses,provided that such fines are within the -4- limits declared by law, and shall further specify what type and number of offenses shall require mandatory appearance before the court. (3) Fines and costs shall be paid to, receipted by and accounted for by the Municipal Court Clerk or Parking Services Office. Section 6. That Section 1702 of the Fort Collins Traffic Code is hereby amended to read as follows: 1702. Municipal Court Clerk's Office. (1) The Municipal Judge may establish an office, policies and procedures to assist the court with the clerical work of traffic cases. (2) The Municipal Court Clerk's Office may be in charge of such person or persons as the court may designate to handle traffic cases and the Parking Services Office may handle parking violation cases; each shall be open on such days excluding Saturdays, Sundays and holidays, and at such hours as may be established by the court or Parking Services Director, respectively. (3) The following duties are hereby imposed upon the head and personnel of the Municipal Court Clerk's Office in reference to traffic offenses: (a) They shall accept designated fines, issue receipts and present to the court the written evidence of the guilty pleas and waivers of appearance of violators who have requested and are permitted to so plead. (b) They shall receive and issue receipts for bail from persons who must or wish to be heard in court,enter the time of their appearance on the court docket, and notify the officer, if any, to be present. (c) They shall, on behalf of the court, forward to the Colorado Department of Revenue as required by Section 42-2-121, C.R.S. a record of the conviction of any person in said court for a violation of any of the traffic ordinances of the City or any of the traffic laws of this State subject to the point system schedule provided by law. (d) They shall keep an easily accessible record of all violations of which each person has been guilty during the preceding thirty-six (36) months, whether such guilt was established in court or by pleas of guilty and payment of fine at the Municipal Court Clerk's Office. (e) The Municipal Court Clerk's Office shall keep reasonably accessible records and submit summarized monthly records and reports to the -5- Judge of all notices issued and arrests made for violations of this Traffic Code, of all fines collected by the Municipal Court Clerk's Office or the court, and of the final disposition or present status of every case of violation of the provisions of said laws and ordinances. Said records shall be maintained according to the Court's archive and destruction schedule to show all types of violations and the totals for each. (f) The Municipal Court Clerk's Office shall follow such procedures and perform such duties as may be prescribed by this Traffic Code as may be required by any laws or regulations of the State of Colorado. (4) The following duties are hereby imposed upon the head and personnel of the Parking Services Office in reference to parking violation cases: (a) They shall accept designated fines, issue receipts and keep written records of the guilty pleas and waivers of appearance of violators who have requested and are permitted to so plead. (b) They shall keep an easily accessible record of all violations of which each person has been guilty during the. preceding thirty-six (36) months, whether such guilt was established at hearing or by pleas of guilty and payment of fine at the Parking Services Office. Section 7. That Section 19-48 ofthe Fort Collins Traffic Code is hereby amended to read as follows: Sec. 19-48. Commencement of action. An action under these rules is commenced by the tender or service of a charging document upon a defendant, by mail or by conspicuously attaching a parking assessment to the subject vehicle and by the filing of a charging document with the Municipal Court or the Office of Parking Services. -6- Introduced, considered favorably on first reading, and ordered published this 20th day of January, A.D. 2009, and to be presented for final passage on the day of February, A.D. 2009. Mayo ATTEST: ` City Clerk Passed and adopted on final reading on the 3rd day of February, A.D. 2009. May ATTEST: City Clerk -7-