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HomeMy WebLinkAboutOrdinance 22552-12-2016 ORDINANCE NO. 22552-12-2016 AN ORDINANCE TO CONDUCT A RESIDENTIAL PARKING PERMIT PILOT PROGRAM IN THE ARLINGTON HEIGHTS NEIGHBORHOOD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE OF JANUARY 1, 2017, AND AN EXPIRATION DATE OF MARCH 31,2017. WHEREAS, the City Council of the City of Fort Worth("City Council") seeks to protect the public safety and preserve the quality of life within the City; WHEREAS, residents of the Arlington Heights neighborhood have expressed concerns that residential streets are being used for the parking of vehicles by persons using adjacent nonresidential parking generators, such as Will Rogers Memorial Center, but who do not reside in the neighborhood; WHEREAS, the establishment of a resident-parking-only zone would reduce problems including, but are not limited to, hazardous traffic conditions, air and noise pollution, litter, and inability of residents of these neighborhoods to obtain easy access to and adequate parking near their residences; WHEREAS, it is advisable to create a residential parking permit pilot program in the Arlington Heights neighborhood to test the feasibility of implementing a year-round residential parking permit program; and WHEREAS, the City Council finds this Ordinance to be reasonable and necessary; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS,THAT: SECTION 1. A residential parking permit pilot program is created to be administered as follows: I. DEFINITIONS The definitions under this section are applicable to this ordinance only. DIRECTOR. The Director of the City's Transportation and Public Works Department or the Director's authorized representative. Ordinance No. 22552-12-2016 Page 1 of 6 PERMIT. A resident-parking-only permit issued by the Director under this ordinance. RESIDENCE. Each dwelling unit of a single-family, duplex, or multifamily use. RESIDENT-PARKING-ONLY ZONE. One or more blocks of a residential street designated under section 1(II) of this ordinance, upon which on-street parking is limited to residents' or residents' visitors' or Vendors' Vehicles properly displaying a valid Permit. VEHICLE. Shall have the same meaning as included in Chapter 22 of the Code of the City of Fort Worth. VENDOR. People or businesses providing a service to a Residence such as child care providers, lawn services, repair companies, etc. II. ZONE DESIGNATED The following are designated as the Resident-Parking-Only Zone: Street Blocks Watonga St 3600 - 3700 Owasso St 1500 - 2050 Tulsa Way 3800 - 3800 Crestline Rd 3600 - 3850 Sutter St 1600 - 1800 Washburn Ave 3600 - 3850 Harley Ave 3600 - 3800 Lafayette Ave 3600 - 3800 III. ISSUANCE OF OWNER/OCCUPANT PERMITS (a) The Director shall, upon application, issue resident-parking-only Permits, up to a maximum of four (4) Permits per residence, to any person who is eligible for a Permit. An applicant is eligible for a resident-parking-only Permit if: (1) The applicant owns or occupies a residence located within the Resident- Parking-Only Zone; and (2) The applicant and every other person owning or occupying the same residence as the applicant complies with all other requirements of this ordinance. (b) The application for a Permit must contain: (1) The applicant's name and driver's license number; Ordinance No. 22552-12-2016 Page 2 of 6 (2) The name of every other licensed driver who owns or occupies the same residence as the applicant and each such person's driver's license number; (3) The address of the applicant's residence located within the Resident-Parking- Only Zone; (4) The make, model, and license plate numbers of each Vehicle to be parked in the Resident-Parking-Only Zone; and (5) Any other information the Director determines necessary to prove that an applicant owns or occupies a residence located within a Resident-Parking-Only Zone, including, but not limited to, examination of a valid driver's license showing the applicant's current home address, a utility bill at the same address, and proof of automobile liability insurance for each Vehicle to be parked in a Resident-Parking- Only Zone. (c) The Permit(s) issued under this section must be conspicuously displayed in the lower corner of the front windshield on the driver's side of the Vehicle. IV. VISITOR AND VENDOR PERMITS (a) A resident of the Resident-Parking-Only Zone may be issued up to twenty (20) temporary parking Permits for the use of visitors of the residence or for when the owner or occupant is temporarily using a Vehicle. A temporary parking Permit shall be valid for a period not to exceed twenty-four (24) hours. Long-term visitors staying longer than twenty-four (24) hours will receive a temporary parking Permit valid from the issuance date to the expiration date of this ordinance. (b) A resident of the Resident-Parking-Only Zone may be issued an unspecified amount of Vendor parking Permits. Vendor parking Permits are valid for the duration of the effective date of this ordinance. (c) An application for one or more temporary parking Permits or Vendor parking Permits may be made through an online system or in person at a location designated by the Director not less than twenty-four (24) hours before the visitor is scheduled to be present. (d) A temporary parking Permit or a Vendor parking Permit must be displayed on a Vehicle while present at the residence and must be conspicuously displayed on or in the Vehicle in a manner and location approved by the Director. V. PARKING RESTRICTIONS (a) No person shall park a Vehicle on any street of the Resident-Parking-Only Zone described in section 1(II) without displaying on such Vehicle a valid Permit issued pursuant to this Ordinance No. 22552-12-2016 Page 3 of 6 ordinance. Provided, however, that it shall be an exception to this section that any person has parked a Vehicle in compliance with the directions of a police officer or due to a mechanical or other emergency and was unable to move the Vehicle to a lawful parking space. (b) When a Vehicle is parked in violation of the provisions of this section, such fact shall be prima facie evidence that the person in whose name said Vehicle is registered is liable for a violation of the parking prohibition contained herein. (c) The Director is hereby authorized and directed to erect appropriate signs and markings within the Resident-Parking-Only Zone to give notice of the requirements of this section. Such signs shall be erected in conformance with the Manual on Uniform Traffic Control Devices authorized and published by the Texas Department of Transportation. VI. EFFECT OF PERMIT; DISPLAY; EXPIRATION; REPLACEMENT (a) When a Vehicle is parked in a Resident-Parking-Only Zone, the Permit must be conspicuously displayed as outlined in this ordinance. (b) A Permit authorizes the holder to park a Vehicle at any time in a Resident-Parking-Only Zone unless such parking is prohibited or restricted by regulations other than those established under this ordinance. A Permit does not guarantee or reserve to the holder a parking space within the zone and does not exempt the holder from other applicable parking and traffic regulations. (c) All Permits shall expire no later than 11:59:59 p.m. on March 31, 2017. (d) A lost, destroyed, or stolen Permit may be replaced. The owner or occupant of a Residence located in the Resident-Parking-Only Zone must sign an affidavit stating that the permit was lost, destroyed, or stolen. VII. OFFENSES; DENIAL OR REVOCATION OF PERMIT (a) A person commits an offense if he parks a Vehicle in a Resident-Parking-Only Zone without displaying a valid Permit on the Vehicle as required by this ordinance. (b) It shall be a defense to prosecution under this section that the person was expeditiously loading or unloading passengers or property, was in the performance of official duties as a law enforcement officer, government employee or contractor or utility company employee or contractor, or was operating an authorized emergency Vehicle in the performance of official duties. (c) It shall be a defense to prosecution under this section that the registered owner of the Vehicle was a Vendor providing services to the Residence. The registered owner must submit to Ordinance No. 22552-12-2016 Page 41 of 6 the hearing officer an affidavit from the owner or occupant of the Residence describing the services being provided and the date and time the services were provided. (d) The Director may deny a Permit if an applicant falsely represents himself as being eligible for a Permit, submits false documents, or otherwise makes a false statement of a material fact on an application for a Permit. (e) The Director may revoke the Permit of any person who violates any provision of this ordinance. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Fort Worth and shall not repeal any of the provisions of such ordinances, except in those instances where provisions of such ordinance are in direct conflict with the provisions of this ordinance. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. SECTION 4. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the Code of the City of Fort Worth, or any other ordinances of the City, that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final disposition by the courts. SECTION 5. Violation of the provisions of this ordinance shall be civil offenses subject to civil penalties and fines pursuant to the procedures for administrative adjudication as set forth in Chapter 10 of the Code of the City of Fort Worth. Accordingly, any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined an amount not exceeding two hundred Ordinance No. 22552-12-2016 Page 5 of 6 dollars ($200.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 6. The City Secretary of the City of Fort Worth, Texas is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Texas Local Government Code, Section 52.013. SECTION 7. After publication as required by law, this ordinance shall take effect 12:01 a.m. January 1, 2017, and expire at 11:59:59 p.m. on March 31, 2017, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ATTEST: i Jessica S svang,WssiFtant itity orney II Mary J. K er, i ecretary ADOPTED: December 13, 2016 EFFECTIVE: January 1, 2017 Published: 0e1+PrnbC,"- Ordinance No. 22552-12-2016 Page 6 of 6 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/13/2016 - Ordinance No. 22552-12-2016 DATE: Tuesday, December 13, 2016 REFERENCE NO.: G-18913 LOG NAME: 20AHNA PERMIT PARKING PILOT PROGRAM SUBJECT: Adopt Ordinance to Conduct a Residential Parking Permit Pilot Program to Address Parking Issues in the Arlington Heights Neighborhood (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance to conduct a residential parking permit pilot program to address parking issues in the Arlington Heights neighborhood. DISCUSSION: The City has been collaborating with the Arlington Heights Neighborhood Association (AHNA) to address non-residential parking issues in its neighborhood caused from patrons to museums or events held at Will Rogers Memorial Center. Public meetings were held with AHNA, City staff, and interested parties. In an effort to address the parking issues, it was determined that a ninety day trial residential parking permit pilot program should be launched. SP Plus Corporation (SP Plus) currently manages the City's parking assets near the Will Rogers Memorial Center and has agreed to manage this residential parking permit pilot program for a nominal cost of $2,800.00. SP Plus will work with Parkmobile, LLC, the City's pay-by-phone vendor, to create a customer interface to allow residents of the AHNA to register online for parking permits. Residents may also register in person at the Will Rogers Memorial Center Offices. Residents will be allowed to register up to four personal vehicles and will receive stickers to be affixed to their vehicles. Residents may also register up to twenty visitor permits per month, and the visitor permits will be printable paper permits valid for twenty-four hours. Residents with long-term visitors may request a visitor permit for the duration of the pilot program. Finally, residents will be allowed to register vendors that visit their homes on a regular basis such as lawn services, cleaning services, child care services, home repair services, etc. and will be given a hang tag to display while present at the residents' homes. This ordinance will allow for the pilot program to be in place between January 1, 2017, through March 31, 2017, and after such time, the ordinance will no longer be effective. This pilot program for the AHNA is different from the existing residential parking permit pilot programs because this ordinance creates a civil parking offense for parking in a Residential-Parking-Only Zone and will be administered by a City vendor. The other pilot programs allow for citations to be issued for parking in a tow away zone, which has a higher penalty assessment, and are administered by a neighborhood representative. SP Plus will create an online system to allow the residents to provide feedback for this pilot program. Upon completion of the pilot program, City staff will evaluate the effectiveness of the program and determine whether a year-found residential parking permit program would be effective in the AHNA. After working with the AHNA to evaluate the pilot program, staff will bring forth another ordinance to create a year-round residential parking permit program, which may incorporate the other pilot programs throughout the City. Logname: 20AHNA PERMIT PARKING PILOT PROGRAM Page I of 2 This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as appropriated, of the Culture and Tourism Fund and that prior to an expenditure being made, the Public Events Department has the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # �mounl ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Douglas Wiersig (7801) Logname: 20AF NA PERMIT PARKING PILOT PROGRAM Page 2 of 2