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