CITY OF BOISE. ORDINANCE or RESOLUTION NUMBER: Zero Emission Vehicle (ZEV) Parking Ordinance

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1 CITY OF BOISE To: FROM: Mayor and Council John Eichmann Administrative Services Manager ORDINANCE or RESOLUTION NUMBER: DATE: 9/24/08 SUBJECT: Zero Emission Vehicle (ZEV) Parking Ordinance ACTION REQUIRED: Approve a change to BCC to enable limited free parking at parking meters for Zero Emission Vehicles. RECOMMENDATION: Staff recommends adoption of the ordinance change. FISCAL IMPACT/BUDGET IMPLICATIONS: Negligible reduction in parking meter revenue. BACKGROUND: Offering limited free parking at parking meters for electric and zero emission vehicles would provide an incentive for the use of those vehicles on downtown streets, and would serve to reduce vehicle emissions within the city. This ordinance would contribute towards accomplishment of the Strategic Plan by ensuring a safe, healthy, and livable community. ATTACHMENTS: Draft ordinance, amending BCC

2 STATEMENT OF BOISE CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. The Undersigned, KEVIN S. BORGER, in his capacity as Assistant City Attorney of the City of Boise City, Idaho, hereby certifies that he is a legal advisor of the city and has reviewed a copy of the attached Summary of Ordinance No. of the City of Boise City, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code '50-901A(3). DATED this day of, KEVIN S. BORGER Assistant Boise City Attorney SUMMARY OF ORDINANCE NO. OF THE CITY OF BOISE CITY, IDAHO PUBLIC NOTICE IS HEREBY GIVEN that the City of Boise City, Idaho, adopted at its regular meeting of, 2007, Ordinance No. entitled: AN ORDINANCE AMENDING BOISE CITY CODE TITLE 10, CHAPTER 17, SECTION 02, TO INCLUDE DEFINITIONS OF ELECTRIC VEHICLE AND ZERO EMISSION VEHICLE AND REORDERING THE DEFINITIONS IN ALPHABETICAL ORDER; AMENDING BOISE CITY CODE TITLE 10, CHAPTER 17, SECTION 05(A) TO PROVIDE THAT GREEN VEHICLE PERMIT HOLDERS SHALL NOT BE REQUIRED TO RENDER PAYMENT AT PARKING METERS, BUT MUST COMPLY WITH ALL OTHER CONDITIONS OF PARKING AT A METER; AMENDING BOISE CITY CODE TITLE 10 CHAPTER 17, SECTION 8(B)(1) TO PROVIDE A PENALTY OF TWENTY DOLLARS ($20) FOR EXTENDED PARKING USING A GREEN VEHICLE PERMIT AND A PENALTY OF FIFTY DOLLARS ($50) FOR THE UNLAWFUL USE OF A GREEN VEHICLE PERMIT; ENACTING BOISE CITY CODE TITLE 10 CHAPTER 17 SECTIONS 10(F) AND (G) PROHIBITING EXTENDED PARKING USING A GREEN VEHICLE PERMIT AND THE USE OF A GREEN VEHICLE PERMIT ON A VEHICLE NOT COVERED BY THE PERMIT; ENACTING BOISE CITY CODE TITLE 10 CHAPTER 17 SECTION 13 TO PROVIDE THE PROCESS FOR PERMITTING ELECTRIC VEHICLES AND ZERO EMISSION VEHICLES; APPROVING A SUMMARY OF THE ORDINANCE AND PROVIDING AN EFFECTIVE DATE. The ordinance provides for an exemption from the payment of parking meter fees for the normal duration of the allowed parking time for those vehicles which qualify as Green Vehicles and are issued a permit. EXHIBIT A MLT H:\WP\CIVIL\FORMS\ORDSUM2.FRM

3 The effective date of the Ordinance is the date of its passage, approval and publication. A copy of the full text of the Ordinance is available at City Hall, 150 North Capitol Boulevard, in Boise, Idaho, in the City Clerk's Office, 1st floor. Examination or copies may be requested in writing or in person during regular business hours of the City Clerk, from 8:00 a.m. to 5:00 p.m. pursuant to the Open Records Act, Idaho Code Title 9, Chapter 3. DATED this day of, ATTEST: City of Boise City, Idaho By: CITY CLERK By: DAVID H. BIETER MAYOR EXHIBIT A MLT H:\WP\CIVIL\FORMS\ORDSUM2.FRM

4 ORDINANCE NO. BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, TIBBS AND SHEALY AN ORDINANCE AMENDING BOISE CITY CODE TITLE 10, CHAPTER 17, SECTION 02, TO INCLUDE DEFINITIONS OF ELECTRIC VEHICLE AND ZERO EMISSION VEHICLE AND REORDERING THE DEFINITIONS IN ALPHABETICAL ORDER; AMENDING BOISE CITY CODE TITLE 10, CHAPTER 17, SECTION 05(A) TO PROVIDE THAT GREEN VEHICLE PERMIT HOLDERS SHALL NOT BE REQUIRED TO RENDER PAYMENT AT PARKING METERS, BUT MUST COMPLY WITH ALL OTHER CONDITIONS OF PARKING AT A METER; AMENDING BOISE CITY CODE TITLE 10 CHAPTER 17, SECTION 8(B)(1) TO PROVIDE A PENALTY OF TWENTY DOLLARS ($20) FOR EXTENDED PARKING USING A GREEN VEHICLE PERMIT AND A PENALTY OF FIFTY DOLLARS ($50) FOR THE UNLAWFUL USE OF A GREEN VEHICLE PERMIT; ENACTING BOISE CITY CODE TITLE 10 CHAPTER 17 SECTIONS 10(F) AND (G) PROHIBITING EXTENDED PARKING USING A GREEN VEHICLE PERMIT AND THE USE OF A GREEN VEHICLE PERMIT ON A VEHICLE NOT COVERED BY THE PERMIT; ENACTING BOISE CITY CODE TITLE 10 CHAPTER 17 SECTION 13 TO PROVIDE THE PROCESS FOR PERMITTING ELECTRIC VEHICLES AND ZERO EMISSION VEHICLES; APPROVING A SUMMARY OF THE ORDINANCE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boise believes it a worthwhile goal to reduce vehicle emissions within the city; and WHEREAS, the increased use of electric and zero emission vehicles will further the goal of reducing emissions; and WHEREAS, eliminating the fee for parking at meters may encourage the use of electric and zero emission vehicles. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That Title 10, Chapter 17, Section 02, Boise City Code, be, and the same is hereby amended to read as follows: O-53-08

5 Section DEFINITIONS A. Vehicle: Any device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. Electric Vehicle: Is a Zero-emission vehicle which is propelled by an electric power plant (motor) only without the aid or assistance of an Internal Combustion Engine. B. Street: Any public street, avenue, road, alley, highway, lane, path or other public place located in the City of Boise City and established for the use of vehicles. Operator: Every individual who shall operate a vehicle as the owner thereof, or as the agent, employee or permittee of the owner, or who is in actual physical control of a vehicle. C. Person: Any individual, firm, co-partnership, association or corporation. Park or Parking: The standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actively engaged in loading or unloading goods, merchandise or persons. D. Operator: Every individual who shall operate a vehicle as the owner thereof, or as the agent, employee or permittee of the owner, or who is in actual physical control of a vehicle. Parking Meter: Any mechanical device or meter placed or erected for the regulation of parking by authority of this Chapter. The parking meter installed shall indicate by proper legend the legal parking time established by the City and when legally 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. (Plugging or feeding the meter is unlawful.) E. Park or Parking: The standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actively engaged in loading or unloading goods, merchandise or persons. Parking Meter Space: Any space within a parking meter zone adjacent to a parking meter which is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining a parking meter.

6 F. Parking Meter: Any mechanical device or meter placed or erected for the regulation of parking by authority of this Chapter. The parking meter installed shall indicate by proper legend the legal parking time established by the City and when legally 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. (Plugging or feeding the meter is unlawful.) Parking Meter Zone: Any street within the restricted parking district upon which parking meters are installed and in operation. G. Parking Meter Zone: Any street within the restricted parking district upon which parking meters are installed and in operation. Person: Any individual, firm, co-partnership, association or corporation. H. Parking Meter Space: Any space within a parking meter zone adjacent to a parking meter and which is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining a parking meter. Plugging (Feeding) The Meter: To deposit additional coins, tokens or debit cards in a parking meter for the purpose of displaying time remaining on said meter beyond that which the vehicle in the parking meter space is lawfully allowed. I. Plugging (Feeding) The Meter: To deposit additional coins, tokens or debit cards in a parking meter for the purpose of displaying time remaining on said meter beyond that which the vehicle in the parking meter space is lawfully allowed. Restricted Parking District: The area or district including all streets and portions thereof defined and designated by Section J. Restricted Parking District: The area or district including all streets and portions thereof defined and designated by Section Vehicle: Any device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. K. Zero Emission Vehicle (ZEV): is a vehicle that produces zero emissions or pollution when stationary or operating.

7 Section 2. That Title 10, Chapter 17, Section 5(A), Boise City Code, be, and the same is hereby amended to read as follows: Section OPERATION OF PARKING METERS A. Before any vehicle shall be parked in any parking space alongside or next to which a parking meter is located, the operator of such vehicle shall upon entering said parking meter space immediately deposit or cause to be deposited in said meter such proper coin of the United States, tokens or debit cards as is required for such parking meter and as is designated by legend or proper directions on the meter. When required by the legend or the directions on the meter, the operator of such vehicle after the deposit of the proper coins, tokens or debit cards shall set in operation the timing mechanism on such meter in accordance with directions properly appearing thereon. Failure to deposit such proper coin, tokens or debit cards and to set the timing mechanism in operation when so required shall constitute a violation of this Chapter. Green Vehicle Permit holders shall not be required to deposit payment, but must comply with all other conditions of parking at a parking meter. B. Upon the deposit of such coin, tokens or debit cards (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 for the part of the street, in which such parking space is located, 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 said space does not exceed the indicated unused parking time. C. If said vehicle shall remain in any such parking space beyond the parking time limits set for such parking space or if the meter shall indicate such illegal parking, then, and in either event, such vehicle shall be considered as parking overtime and beyond the period of legal parking time, and such parking shall be deemed a violation of this Chapter. Section 3. That Title 10, Chapter 17, Section 8(B), Boise City Code, be, and the same is hereby amended to read as follows: B. In order to eliminate burdening courts with violations of ordinances and to eliminate insofar as possible public inconvenience, each person receiving a parking violation ticket left upon his or her vehicle shall: 1. Within seventy-two (72) hours of the time of such notice, pay to the Parking Services Office in full satisfaction of such violation: CITY CODE VIOLATION DESCRIPTION FINE AMOUNT Unlawful Parking of Vehicle $ Non-Designated Space $ A Failure to Set Timer $ Illegal Use of Meter Hood $10.00

8 A Delivery Permit - Advertising Violation $ A Delivery Permit - 1 Hour Limit $ C05H Meter Hood Parked on 36 Minute Meter $ CO5I Meter Hood /2 Block Rule $ C Extended Parking Prohibited-Meter $ C Replugging Meter-Overtime Prohibited $ D Expired Meter $ F Extended Parking Using Green Vehicle Permit $ G Unlawful Use of Green Vehicle Permit $ A City Hall Garage-Yellow Curb $ B City Hall Garage -Assigned Parking Only $ C City Hall Garage-Permit Parking Only $ d City Hall Garage -Loading Zone $ Within ten (10) days from the date of said parking violation ticket, if same has not been paid within the seventy-two (72) hours above prescribed, pay to the Parking Services Office an additional ten dollars ($10.00) for each said ticket, the additional ten dollars ($10.00) being deemed necessary to defray administrative costs for mailing expenses, telephone calls and other administrative and clerical expenses. The failure of any operator to report and/or to make such payments to the Parking Services Office within the times prescribed above shall render the operator thereof subject to penalties as provided by Section Section 4. That Title 10, Chapter 17, Section 10(F) and (G), Boise City Code, be, and the same is hereby enacted to read as follows: Section VIOLATIONS It shall be unlawful and a violation of the provisions of this Chapter for any person: A. To deposit or attempt to deposit in any parking meter any slug, button or any other device or metal substance as substitutes for coins of the United States currency. Any person violating this Section shall be deemed guilty of a misdemeanor. B. To deface, injure, tamper with, open or break, destroy or impair the usefulness of any parking meter. Any person violating this Section shall be deemed guilty of a misdemeanor. C. To cause, allow, permit or suffer any vehicle operated by such person to be parked overtime, or beyond the period of legal parking time established for any parking meter or parking meter zone as herein described, or to deposit in any parking meter any coin for the purpose of parking beyond the maximum legal parking time for the particular parking meter or parking meter zone. (Plugging or feeding the meter is unlawful.) D. To permit any vehicle to remain or be placed in any parking space adjacent to any parking meter, (1) while said meter is displaying a signal indicating that the vehicle occupying such parking space has already been parked beyond the period prescribed for such parking space or (2) for a period of time beyond the maximum allowed for such

9 parking space as indicated on the meter. E. To park any vehicle across any line or marking of a parking meter space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings. F. To park a vehicle displaying a Green Vehicle Permit in any metered space for a period longer than that designated on the meter, or park in restricted spaces in violation of Boise City Code or State Law. G. To use, or allow to be used, a Green Vehicle Permit on a vehicle other than the vehicle for which the permit was issued. Section 5. That Title 10, Chapter 17, Section 13, Boise City Code, be, and the same is hereby enacted to read as follows: Section GREEN VEHICLE PERMITS Green Vehicle Permits for Electric Vehicles and Zero Emission Vehicles may be obtained from Boise City Parking Services. Boise City Parking Services shall issue to all licensed vehicles that qualify as an Electric Vehicle or Zero Emission Vehicle, as defined in Boise City Code , a permit which shall be affixed to the vehicle s front windshield. A fee of ten dollars ($10) shall be charged for the permit. The permit issued shall be assigned only to the initial vehicle for which the permit is obtained and may not be transferred. Only those vehicles which have a validly displayed permit may park in metered spaces without charge. Section 6. That the summary of this Ordinance, attached hereto as Exhibit A, is approved as to both form and content. Section 7. That this Ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED by the Council of the City of Boise, Idaho, this day of September, 2008.

10 APPROVED by the Mayor of the City of Boise, Idaho this September, day of ATTEST: APPROVED: CITY CLERK MAYOR

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