ORDINANCE NO

Transcription

1 ORDINANCE NO AN ORDINANCE OF THE CITY OF ELIZABETHTOWN, KENTUCKY AMENDING SECTION 72: PARKING REGULATIONS OF THE ELIZABETHTOWN CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Elizabethtown, Kentucky, that from and after the passage, approval and publication of this Ordinance, that Code of Ordinances, Section 72: Parking Regulations be amended as follows: LIMITATIONS OF STOPPING AND PARKING. It shall be unlawful for the operator of any vehicle to stop or park the vehicle except in a case of real emergency or in compliance with the provisions of this traffic code or when directed by a police officer or traffic sign or signal at any time in the following places: (A) On the mainly-traveled portion of any roadway or on any other place in the roadway where vehicles stand in any manner other than as specified in (B) On a sidewalk. (C) In front of sidewalk ramps provided for persons with disabilities. (D) In front of a public or private driveway. (E) Within an intersection or crosswalk, or within 2 feet of the intersection of the right-of-way line with the intersection of any other street, road or public way. ('73 Code, 19-38(a)) (Ord., passed ) (F) At any place where official signs prohibit stopping or parking including for special events. This does not apply to police officers when operating properly identified vehicles during the performance of their official duties. (G) Within 30 feet of any flashing beacon, traffic sign, or traffic-control device. (KRS ()) (H) On a public street or city-owned lot at a parking meter which registers violation. (I) On a public street or city-owned lot at a parking meter which has been tampered with so as not to be in operation, or which contains in the depository or visible portion a coin so mutilated or taped or otherwise arranged as to block same or to prevent the meter from operating, or where the meter contains in the depository or visible portion any slug, or other token which is not a United States coin. (J H) On a public street or city-owned lot upon which is placed a parking violation notice bearing the license number of the vehicle, where the violation notice has been altered or changed or bears a date different from the date the vehicle is parked. (K I) On the public square or in any city-owned parking lot when the vehicle is backed in toward the meter or curb into the designated space.

2 (L J) On any public street or city-owned parking lot which is so parked as to block a parking space other than that in which the vehicle is parked. (M K) On a public street or city-owned lot where parking is prohibited and the prohibition is so designated by appropriate signs or markings. (N L) On the wrong side of a public street. (O M) So as to block any public street, alley, sidewalk or way. (P N) In front of any United States drive-by mail box or depository. (Q O) In front of, or so as to block any fire hydrant. (R P) On any public street, way or thoroughfare in a zone where parking is allowed only for an allotted period of time and so designated, where the vehicle remains parked for more than the allotted time. (S Q) In a private driveway or upon a public street so as to block a private driveway without the consent of the owner or person in control of the driveway. (T R) In a private lot or space provided by any person for his/her own use or the use of the tenants or customers, provided the lot or space is property designated by appropriate signs, where the operator of the vehicle is not a customer or does not have the consent of the owner or person in charge the lot or space, and provided further that in the case of reserved spaces in private lots that the person so parking does not have the consent of the person for whom the space is reserved and so marked and designated. The blocking of a private lot or designated space therein shall be deemed illegal parking. (U S) On a public street or city-owned lot, at a parking space that is reserved for any individual, department, firm or corporation and so marked and designated by the city. (V T) At any place in violation of any other ordinance of the city which is in effect. METERED RESTRICTED PARKING 72.0 PARKING METER ZONE. RESTRICTED PARKING. (A) For the convenience and welfare of the public and a more an economical and orderly regulation of parking automobiles and other vehicles in the city, it is determined and ordained by the city that parking meters will be restricted as follows: installed and operated on the following streets, public ways and parking lots of the city, which will be known as the parking meter zone. (1) For one (1) hour parking: a. Public Square b. North side of North Main Street from US Highway 31-W to Plum Alley c. Both sides of South Main Street from US Highway 31-W to Helm Street and North side of South Main from Helm Street 10 feet West (2) For two (2) hour parking: a. South side of West Poplar Street from North Main Street to Cherry Alley b. South side of East Poplar Street from North Main Street to Central Avenue

3 (B) The parking meter zone shall include: (1) Public Square; (2) South side of Poplar Street from North Main to Cherry Alley; (3) North side of North Main Street from US Highway 31-W to Plum Alley. (4) Both sides of South Main Street from US Highway 31-W to Helm Street and North side of South Main from Helm Street 10 feet West; () North Main/Poplar Street lot (Old City Hall); (6) City Hall lot; (7) East Dixie lot; (8) South Main Street lot; and (9) Helm Street lot. (C B) The Department of Public Works is authorized and directed to install parking meters signs on the curbs and medians of certain said streets, public ways and in said parking lots, one meter installed on the curb adjacent to each parking space as marked by white lines. Motor vehicles may be parked within the lines marking each marked space, but not across any of said lines. (D) Parking meters shall be equipped with a clock that will register time when operated by depositing therein a United States coin. Said meter is to register the time that the parking meter is in use and to show by signal violation. when the same has been in use over the time allowed for each coin or coins deposited in the parking meter RESERVED. DUTY OF OPERATOR OF VEHICLE TO DEPOSIT COINS IN METER; REMAINING LONGER THAN ALLOTTED TIME PROHIBITED. It shall be the duty of the operator or person in custody of any vehicle, immediately after parking in any parking space within the parking meter zone, as defined in 72.0, to deposit at least one coin in the slot of the parking meter directly adjacent to said parking spot. Additional coins may need to be deposited for more time needed. It shall be unlawful for said vehicle to remain longer than the time allotted for the coin or coins deposited, or after the parking meter shows the signal violation RESERVED. DEPOSIT OF SLUGS; TAMPERING WITH METER; HITCHING ANIMAL TO METER PROHIBITED. It shall be unlawful for any person to deposit or cause to be deposited in any parking meter any slug, device of metallic or other substitute for a coin minted by the United States of America. It shall be unlawful for any unauthorized person to deface, injure, tamper with, or willfully break, destroy or impair the usefulness of any parking meter installed pursuant to this subchapter, or to hitch an animal thereto.

4 72.3 HOURS OF OPERATION. All meters requiring coins Restricted parking for all regularly indicated parking spaces shall be effective and in operation daily from 8:00 a.m. until 6:00 4:00 p.m. Elizabethtown time, except Saturdays, Sundays and Federal legal holidays (New Year s Day, Birthday of Martin Luther King, Jr., Washington s Birthday, Memorial Day, 4 th of July, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day) ENFORCEMENT; CITATION. It shall be the duty of the Chief of Police Department or a member of the police force to make periodic inspections of restricted parking meters installed for use and to give citations for each violation of parking regulations. He/she shall keep a report and list that shows that the vehicle occupying the parking space is in violation of this subchapter. The date and hour of the violation, the make and state license number of the vehicle and other facts necessary to an understanding of the circumstances concerning the violation shall be on the citation report. He/she shall attach a A copy of the citation shall be attached to the vehicle instructing the owner or operator as to the procedure for answering the citation. 72. RESERVED PARKING VIOLATIONS. (A) From and after the passage, approval and publication of this ordinance, the city hereby elects to enforce vehicle parking ordinances and laws as civil violations pursuant to the provisions of KRS (B) The p Parking spaces on Public Square maintained by the City both off and on street shall NOT be metered. (C) There is imposed a 1 hour time limitation for parking on the Public Square and for designated parking on North Main Street, South Main Street. A 2 hour time limitation for parking is imposed for designated parking on East Poplar Street and West Poplar Street. (D) All other public parking lots that are presently metered shall remain metered. (E) The cost for parking in the metered spaces shall remain at $0.2 per hour. (F) In the event there is a violation of the parking time allotted, then the following fines shall be levied for said violation: (1) Public Square. A fine shall be levied for overtime parking on the Public Square, North Main Street and South Main Street spaces of $10.00 for the initial violation and one dollar per hour thereafter. For every repeat offender, the fine will be increased by increment of $10.00 per violation. (2) Public parking lots. In all Public Parking Lots a fine of one dollar ($1.00) shall be levied for the first violation and five dollars ($.00) if not paid within two (2) hours after the violation time and one dollar ($1.00) per hour thereafter. A fine shall be levied for overtime parking on East and West Poplar Street spaces of $.00 for the initial violation and one dollar per hour thereafter. For every repeat offender, the fine will be increased by increment of $.00 per violation.

5 Any person, firm or corporation may appeal any fine hereinafter levied to the Elizabethtown Code Enforcement Board by notification of the Code Enforcement Official in writing of the Appeal, not more than seven (7) days after the date of the violation. The provisions concerning the hearing process and determination by the Code Enforcement Board shall be as set out in Ordinance No as adopted on April 21, (G E) The parking ordinance shall mean an ordinance regulating vehicles parking, standing, or stopping upon public streets or ways within the city, including but not limited to all city parking lots. (1) The Parking Enforcement Hearing Board shall mean the Code Enforcement Board as enacted by Ordinance No (2) Vehicle shall mean motorized, horse-drawn or other means of carrying or transporting something. (3) All violations shall be classified as either a Minor Violation or a Major Violation. (4) Major Violation shall include the blocking of any public street, private lot or space, intersection, public or private entrance to a parking space or driveway, parking within 2 feet of any corner or intersection and parking in a fire lane or within 10 feet of any fire hydrant plug and failure of registered owner to pay a minor or major violation within 20 days after it is issued. It shall include parking on a public sidewalk if the same results in a hazardous condition. Minor Violation shall include but not be limited to: overtime parking on all metered restricted spaces, parking in a prohibited or restricted zone, parking on a public sidewalk, parking on the left hand side of a street on which 2-way traffic is permitted, backing into a space with a parking meter, not parking within a space with a parking meter parking backed into a space, not parking within designated lines at a parking space and parking within 10 feet of the U.S. Mail Box during pickup and delivery hours. () The registered owner shall be liable and responsible for paying all violations for fees, fines, and charges. (6) Any vehicle found in violation of Major Violation may be towed, pursuant to KRS (7) Fines and punishment for violations under this ordinance and fees for towing, handling, and storage charges shall be set out in (8) The impoundment and towing provisions of KRS are hereby adopted. The city may in the enforcement use a wheel immobilizer instead of actually towing the vehicle if available USE OF FUNDS FROM PARKING METERS. (A) All money deposited in the parking meters, as provided herein, shall be levied and assessed as a fee to provide for the following: (1) Proper regulation; (2) Control and inspection of traffic upon the public streets of the city; (3) Cover the cost of supervision; (4) Regulation and inspection of parking of vehicles in the parking meter zone; and

6 () Payment of the cost of installation and repair of parking meters. (B) Any excess funds may be used to offset the costs of providing general governmental services for the city TEMPORARY RESTRICTIONS; DUTIES OF CITY ENGINEER; SPECIAL EVENT RESTRICTIONS. (A) It shall be the duty of the City Engineer to from time-to-time check the prohibited or restricted areas and to promulgate rules of a temporary nature which shall cause restrictions and prohibitions of parking and stopping on various streets and intersections not inconsistent with the terms of this subchapter. (B) The order shall be dated and signed by the City Engineer. He/she shall cause traffic signs to be erected in all such places, if an emergency exists requiring the rules and signs to be erected. The original of these rules shall be kept in the Office of the City Clerk. (C) These rules shall have the force and effect of law and violations thereof shall be punished as hereinabove restricted and prohibited by the City Council. Due considerations shall be given by the City Engineer at intersections where prohibition or restrictions are appropriate for visibility and safety purposes. (D) At the end of each calendar year, beginning with December 1994, all of such rules shall be documented and approved and passed by the City Council. The Police Department shall designate and cause to be properly signed all restricted parking for special events. These special designated restrictions shall have the force and effect of law and violations thereof shall be punished as hereinabove restricted and prohibited by the City Council PENALTY. (A) There is hereby levied the following fines for the following violations of the provisions of this chapter: Type of Violation Penalty Overtime parking at meters (less than two hours) Overtime parking on Public Square, North Main Street or South Main Street $ 1 $10 Excessive overtime (more than two hours/within 7 days) Overtime parking on East & West Poplar Streets Double parking or blocking parking by others Parking within ten feet of any fire plug hydrant or in the area marked adjacent to the fire plug hydrant or fire lane Parking in a prohibited zone or parking partially in more than one parking space Parking in a manner so that vehicle does not face the parking meter is backed into the designated space Parking in parking space reserved and marked for handicapped parking by persons nonhandicapped 2

7 All other first offense minor violations Subsequent violations within one year of 1st violation All first offense major violations All subsequent violations within one year of 1st violation All major violations may be impounded and towed or immobilized with the following towing fees Storage charges for each impounded vehicle to 7 As set by EPD Tow Operator Policy & Contract 8.0 to 16 As set by EPD Tow Operator Policy & Contract (B) Any person receiving a citation for any parking violation in the city for which no other penalty is specifically provided shall be deemed guilty of a violation and shall be fined in an amount not less than $20 nor more than $100. (KRS (1)) The enforcing agency, department or individual may choose to seek enforcement through the Code Enforcement Board enacted on the 30 th day of April, 2003, by Ordinance No All appeals of any citations issued for parking violations under this Section shall be taken before the Code Enforcement Board. The Code Enforcement Board is designated as the hearing board required to be established by the City pursuant to KRS The Code Enforcement Board is empowered to conduct hearings pursuant to KRS through The procedure for the appeal shall be governed by KRS BE IT FURTHER ORDAINED that the Mayor of the City of Elizabethtown and/or his designate be and he is authorized and directed to take all steps necessary to perfect this Ordinance. READ THE FIRST TIME, this 2 nd day of July, READ, ADOPTED & APPROVED, this 16 th day of July, ATTESTED: TIM C. WALKER, MAYOR MARY CHAUDOIN, CITY CLERK