Loading...
HomeMy WebLinkAboutOrdinance-1996-1041 INTRODUCED BY COUNCILMEMBER SnRvpr Council Bill No. 35 Ordinance No. 1 nL.. 1 series of 1996 TITLE: AN ORDINANCE CONCERNING REQUIRED PARKING PERMITS IN RESTRICTED AREAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: section 1: Chapter 13 of the Wheat Ridge Code of Laws is amended by the addition of a new Article IV, to read: section 13-51: Parkinq Permits Authorized. The Director of Public Works is hereby authorized to issue parking permits in accordance with the provisions of this section to allow the on- street parking of motor vehicles by residents of blocks designated by the Director of PUblic Works as restricted parking areas. Section 13-52: Description of Restriction. 1. In a block which has been designated by the Director of Public Works as a restricted parking area and on which have been erected signs that conform to the requirements of law, on-street parking of motor vehicles shall be prohibited unless there is properly displayed in the vehicle the permit provided for in subsection (E). For purposes of this section, such a permit is properly displayed only when affixed to the front windshield of the driver's side of the vehicle, or it is located on the dashboard of the vehicle in front of the driver's seat and is clearly visible through the windshield of the vehicle. 2. The owner, driver, or both, of any vehicle that is parked in violation of this section shall be subject to the penalty provided for in subsection (H). 3. Motorcycles, mopeds, and other two-wheeled vehicles shall be exempt from this section. 4. The Director of PUblic Works shall determine the dates and times of day that the restrictions are in effect based upon the dates and hours of operation of the senior high school in the neighborhood. order to meet the Section 13-53: Restricted Parkinq Area Defined. In qualify as a "restricted parking area," the block shall following criteria: 1. The block of some part thereof shall fall within 1 1/2 mile of the closest property line of a senior high school; and 2. A written petition, on forms provided by the city, signed by the property owners of tw~-thirds of the. dwellings with frontage on the block shall be subm1tted to the Dlrector of PUblic Works requesting that the block be designated as a restricted parking area; and 3. The block cannot be part of the state highway system as that term is defined in C.R.S. section 43-2-101, as amended. Section 13-54: Siqns. Signs indicating the parking restrictions shall be erected in a block designated by the Director of Public Works as a restricted parking area. The signs shall give notice that parking is prohibited unless there is a valid permit that is issued pursuant to subsection (E) and shall indicate the dates and times of day that the restrictions apply. Section 13-55: Permit Application and Fees. 1. Upon application to the Director of Public Works on forms provided by the city, the Director of PUblic Works shall issue no more than five (5) permits per residence when the address of the applicant is within a restricted parking area. The applicant shall establish that his or her residence is within the restricted parking area. 2. The Director of Public Works shall have the option to allow a neighborhood organization to self administer the parking permit system. The neighborhood organization must demonstrate to the Director of Public Works their capacity to administer the system which will include at a minimum the ability to provide for timely issuance of requested permits and record keeping capability. In the event self-administration of a permit parking system is allowed, the city shall provide to the neighborhood organization sufficient permits and application forms. In the event neighborhood self-administration is permitted, the neighborhood organization shall have the ability to establish the appropriate number of permits to be issued per residence. The Director of PUblic works shall also have the authority to rescind a neighborhood organization's self-administration of the permit parking system in the event said neighborhood fails to properly administer the system and/or abuses occur. Section 13-56: Removal of Desiqnation as Restricted Parkinq area. The Director of Public Works shall have the discretion to remove the designation of a block as a restricted parking area if anyone of the following conditions occurs: 1. By virtue of closure of the school or change in use of the property, the block or some part thereof is no longer 2 located within 1/2 mile of the closest property line of a senior high school; or 2. A written petition signed by the property owners of one-half of the dwellings with frontage on the block is submitted to the Director of Public Works requesting that designation of the block as a restricted parking area be removed; or 3 . The block becomes part of the state highway system as that term is defined in C.R.S. section 43-2-101, as amended. Section 13-57: violation. Vehicles parked in violation of this section may be towed and impounded. In any prosecution of the provisions of this section, proof that the vehicle described in the complaint was parking or stopped in violation of this section, together with proof that the defendant named in the complaint was at the time of such stopping or parking, the registered owner of the vehicle, shall constitute prima facie evidence that the defendant was the person who parked or stopped, or knowingly permitted to be parked or stopped, such unattended vehicle at the place where and for the time in which such violation occurred. Section 13-58: Penalty. A violation of this section shall be punishable by a fine as established by the Municipal Court. Section 13-59: Permit Cancellation. Parking permits are considered to be the property of the city of Wheat Ridge. Unauthorized reproduction or sale of the parking permits is not allowed and said actions may be the basis for cancellation of a permit and/or prosecution. Parking permits may be cancelled by the Director of Public Works in the event said permits are used or allowed to be used by other than authorized visitors or occupants of the dwelling to which the permit has been assigned. NeighborhOOd organizations administering a parking permit system shall notify the Director of Public Works of any violations or abuses of said system to effect permit cancellation or other enforcement action. Section 2. Severabilitv. If any clause, sentence, paragraph, or part of this Parking Permit Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 3. Safetv Clause. The city Council hereby finds, determines and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, 3 and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The city council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. This ordinance shall take effect upon passage. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to ~ on this ~dday of July , 1996, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 12 , 1996, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ~ to ~, this ~ day of August , 1996 SIGNED by the Mayor on this 13th day of August , 1996. ~~'" J DAN WILDE, MAYOR ~~~~\cu~~ Wanda Sang, City Clerk ~ , j APPR<1'f;D AS T? F.pRM BY CITY AT-'FO~EY ,( ), I , , ' / / "I) //f' ),1 / 1"; ,,/ _ _ ~~I/L:" ' {::: ,>4, . GERALD E. DAHL, CITY ATTORNEY 1st publ~cat~on: July 26, 1996 2nd Publlcatlon: August 16, 1996 Wheat Ridge Transcrlpt Effective Date: August 12, 1996 ly\c:\wp50\ord\parking 4