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HomeMy WebLinkAboutORD 1998-120 ORDINANCE N0.98-120 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ' GRAPEVINE AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 23 TRAFFIC, ARTICLE V PARKING BY THE ADDITION OF A NEW SUBSECTION 23-63.2 TITLED RESIDENTIAL PARKING PERMIT AREA; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY WHEREAS, the City Council, in response to citizens' requests, previously passed Ordinance No. 97-141 which amended the City's No Parking Zones to create a new, temporary no-parking zone (the "No-Parking Zone") which includes portions of Worth Street, Smith Street, and Franklin Street, due to traffic and parking congestion caused by persistent and regular nonresident parking on those streets; and - WHEREAS, the City Council extended the effective date of the No-Parking Zone with the passage of Ordinance 98-82 to address the issue of nonresident parking, and the �•A � problems associated with it, on the streets in the No-Parking Zone; and WHEREAS, the City Council finds that, based on public testimony, public planning studies, and other sources, the continued vitality of the City depends on the preservation of safe, healthy, and attractive neighborhoods and other residential areas; and WHEREAS, the City Council further finds that one factor that threatens the safety, health and attractiveness of the City's neighborhoods is the excessive and burdensome practice of nonresidents parking their motor vehicles for extended periods of time in certain neighborhoods; and WHEREAS, the number of nonresident motor vehicles attempting to park in those areas has often exceeded the number of available parking spaces; and WHEREAS, a preferential parking system for designated neighborhoods will help to reduce the burden of those excess vehicles on the residents of those neighborhoods and, thus, promote the general welfare of the City; and WHEREAS, designating a residential parking permit area will serve to effect the �"�" following: (1) reduce hazardous traffic conditions resulting from nonresidents competing � with residents to park their vehicles in that area; (2) protect those residential districts from polluted air, excessive noise, and refuse caused by the entry of nonresident vehicles; (3) protect the resident of those residential districts from unreasonable burdens "M" in gaining access to their residences; (4) preserve the character of those districts as residential districts; (5) promote efficiency and maintain streets in those residential districts in a clean and safe condition; (6) preserve the value of the property in those residential districts; (7) promote traffic safety and the safety of children and other pedestrians in those residential districts; (8) prevent dangers arising from the blocking of fire lanes, hydrants and other facilities that emergency vehicles require, both in reaching victims and in transporting them to hospitals; (9) facilitate the movement of traffic in the event of accidents and other disasters; and (10) to promote the peace, comfort, convenience, and welfare of all inhabitants of the City. WHEREAS, the City Council makes the following specific legislative findings in support of preferential residential parking to illustrate the compelling need for the enactment of this ordinance. The City Council intends the findings as illustrations only and _-_ not the only available factual examples supporting adoption of the ordinance: (1) The maintenance of the attractiveness and livability of the City's �v.:.�, neighborhoods and other residential areas will enhance the safety, health and welfare of the City's residents; (2) On a daily basis a large number of City residents who own motor vehicles must park those vehicles in or near their residences; (3) Certain neighborhoods and other areas of the City do not have sufficient on or off-street parking to accommodate the convenient parking of residents' motor vehicles; (4) The influx of motor vehicles from nonresidents that compete for the limited available parking in those areas further burdens the residents of those areas; (5) The City has certain parking "attractors," including businesses and restaurants that further aggravate the residents' parking problems; (6) Unnecessary vehicle miles, air and noise pollution and the inconvenience of not finding parking caused by the conditions above create unacceptable hardships for the neighborhoods' residents; (7) If the City allows those adverse conditions to continue unchecked, those adverse conditions will contribute to the decline of the living conditions in the neighborhoods and the attractiveness of residing within the City, resulting in injury to the general public welfare; and (8) A system of preferential residential parking as enacted by this ordinance will -�`' serve to promote the health, safety, and welfare of all of the City's residents by reducing unnecessary motor vehicle travel and air and noise pollution, improving the attractiveness of living in the City's neighborhoods, and ORD. NO. 98-120 2 encouraging the use of public mass transit facilities available now and in the future. This ordinance also will serve the public welfare by ensuring a more stable and valuable property tax base in order to generate the revenues necessary to provide essential public services. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all of the information stated in the preamble is found to be true and correct and is incorporated herein as if included in its entirety. Section 2. That Chapter 23 Traffic, Article V Parking is hereby amended by the addition of subsection 23-63.2 Residential Parking Permit Area to read as follows: "A. Definitions. For the purposes of this ordinance, the following words shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Curbside parking space means twenty (20) linear feet of curb, - exclusive of those portions of the curb where parking, apart from the provisions of this ordinance, is not presently permitted. �:_.� (2) Motor vehicle means an automobile, truck, recreation vehicle, motorcycle, or other motor-driven or self-propelled form of transportation. (3) Resident vehicle means a motor vehicle owned or operated whose principal operator resides in the residential parking permit area. (4) Residential district means a contiguous or nearly contiguous area containing public streets and highways or parts thereof primarily abutted by residential property or residential and nonbusiness property (such as schools, parks, churches, hospitals and nursing homes). (5) Residential parking permit area means the residential district where curbside parking on public highways is prohibited, unless the vehicle properly displays a parking permit authorized by this ordinance or is excepted from the application of this ordinance. The residential parking permit area has the following boundaries: Worth Street, north side, from the intersection with Smith Street for 350 feet to the east; Worth Street, south side, from the intersection with Smith °�� Street for 321 feet to the east; ORD. NO. 98-120 3 Smith Street, east and west sides, from Franklin Street to Texas Street; Franklin Street, north side, from the intersection with Smith Street for 274 feet to the west; Franklin Street, south side, from the intersection with Smith Street for 235 feet to the west. B. Posting of Residential Parking Permit Area. Following the City Council's affirmative vote to designate the residential parking permit area, parking permit area signs shall be erected in the designated area. C. Notice to Residents of Designation of Residential Parking Permit Area. Following the City Council's affirmative vote to designate the residential parking permit area, the City Manager or the City Manager's designee shall mail to every residence within the designated residential parking permit area the following documents: (1) A Notice of Designation that shall inform the residents in the designated area of: (a) The existence and exact location of the residential parking permit area; (b) The parking restrictions applicable to all vehicles in curbside parking �� spaces along public streets and highways in the designated area that do not properly display a parking permit authorized by this ordinance; and (c) The procedures to obtain a residential, visitor, or business parking permit. (2) An Application for Residential Parking Permit on which the applicant is to provide the following information for each vehicle to receive a residential parking permit: (a) The name and residential address of the owner of the vehicle; (b) The name, residential address, and driver's license number of the principal operator of the vehicle; (c) The signature of the applicant for the residential parking permit. (3) The applicant shall demonstrate proof of residency and motor vehicle ownership in a manner determined by the City Manager or the City Manager's designee. (4) The City Council may, by resolution, limit the number of permits issued to any residence if such limitation would further the goals of the residential parking permit process. ,wa� ORD. NO. 98-120 4 D. Issuance of Residential Parking Permits. (1) Upon the applicant's submission of a completed and validated residential 1 parking permit application, and fulfillment of all applicable provisions of this ordinance controlling issuance, renewal, or transfer of residential parking permits, the applicant shall receive one (1) residential parking permit for the vehicle described in the application. (2) No residential parking permit shall be issued to a vehicle whose owner and principal operator does not reside within the designated residential parking permit area. (3) Residential parking permits expire annually and must be renewed each year. E. Renewal of Residential Parking Permits. Upon the holder's verification of the holder's prior submission of a completed and validated parking permit application, fulfillment of all applicable provisions of this ordinance controlling issuance, renewal, or transfer of residential parking permits, on or before the expiration date of the existing residential parking permit, the holder shall receive a new residential parking permit. The holder, at the time of renewal, will be subject to a payment of $2.50 per permit for guest permits issued (as outlined in paragraph G Issuance of Guest and Special Event Permits). F. Transfer or Replacement of Residential Parking Permits. ��.,� (1) Upon the holder's payment of a ten dollar ($10.00) residential parking permit replacement fee, verification of the holder's prior submission of a completed and validated residential parking permit application, fulfillment of all applicable provisions of this ordinance controlling issuance, renewal, or transfer of residential parking permits, and affirmation that the holder's permit was lost, stolen, or destroyed, the holder shall receive a new residential parking permit. The lost, stolen, or destroyed permit shall be considered void, and any use of a voided permit is prohibited. (2) The replacement of the residential parking permit shall not affect the permit's original expiration date. G. Issuance of Permits for Visitors and Special Events. Upon application of any resident of a residential parking permit area and payment of $2.50 per guest permit fee, the City Manager or the City Manager's designee shall issue a visitor parking permit to the resident for visitors' vehicles. No more than two visitor parking permits shall be issued to any one resident per year. For the purposes of this ordinance, the resident shall be the holder of and responsible for the use and misuse of the visitor parking permit issued to the resident. �"" A resident of the designated parking permit zone may for special events request ORD. NO. 98-120 5 F , temporary, one-day parking permits for guests. The special event permits must be requested five days prior to the requested date, and are subject to restrictions as �., determined by the City Manager or the City Manager's designee. H. Display of Visitor Parking Permits. All visitor parking permits must be properly displayed to allow parking in the residential parking permit area. I. Use of Parking Permits. (1) A parking permit shall not guarantee or reserve a parking space within the designated residential parking permit area. A parking permit shall not authorize the standing or parking of any vehicle in such places and during such times when the stopping, standing or parking of vehicles is prohibited or set aside for specified types of vehicles, and shall not excuse the observance of any traffic regulation. (2) Whenever the holder of a residential, visitor, parking permit, or the vehicle for which the parking permit was issued, no longer fulfills one or more of the applicable provisions of this ordinance controlling issuance, renewal or transfer of parking permits, the holder shall notify the City Manager or the = City Manager's designee, who may then direct the holder to surrender the parking permit. �_ (3) Until its annual expiration or its surrender or revocation, a parking permit shall remain valid for such time as the holder continues to reside within the designated residential parking permit area. (4) It shall be a violation of this ordinance for the holder of a parking permit to fail to surrender the permit when directed to do so. (5) It shall be a violation of this ordinance for any person to represent in any fashion that a vehicle is entitled to a parking permit authorized by this ordinance when it is not so entitled. The display of a parking permit on a vehicle not entitled to such a parking permit shall constitute such a representation. (6) It shall be a violation of this ordinance for any person to duplicate, or attempt to duplicate, by any means, a parking permit authorized by this ordinance. It also shall be a violation of this ordinance for any person to display on any vehicle such a duplicate parking permit. (7) It shall be a violation of this ordinance to sell or exchange any parking permit and or the privileges it provides for anything of value. J. Exemptions. (1) A petition filed with the City Manager or the City Manager's designee by requesting the exemption of a particular street segment of the residential parking permit area, signed by a majority of the residents of that street ORD. NO. 98-120 6 segment, will automatically exempt that particular street segment from designation as part of the residential parking permit area. (2) The provisions of this ordinance shall not supersede the provisions of the City Code and state laws relating to parking by disabled persons. (3) The following vehicles are specifically exempted from the parking restrictions imposed by this ordinance: (a) A motor vehicle owned by or operated under contract to a utility when used in the construction, operation, removal or repair of utility property or facilities or engaged in authorized work in the designated residential parking permit area. (b) A motor vehicle identified as owned by or operated under contract to a federal, state, or local governmental agency and being used in the course of official government business. (c) An authorized emergency vehicle as defined by state law. K. Withdrawal of Designation of Residential Parking Permit Area. (1) Following the City Council's affirmative vote to withdraw the designation of the existing residential parking permit area, the City Manager or the City Manager's designee shall mail to every residence within the existing residential parking permit area a notice of the Council's withdrawal of the designation. Said notice shall specify the effective date of the withdrawal of the designation. ��.� (2) The effective date of the withdrawal of the designation of an existing residential parking permit area shall be thirty (30) days following the date the City Council's affirmative vote to withdraw the designation. L. Enforcement and Collection of Fees. The Chief of Police shall be responsible for the enforcement of this ordinance and for the collection of fees pursuant to this ordinance. M. Tow Away Zone Any vehicle within the residential parking permit area in violation of this ordinance shall be subject to being towed from the area under direction of the Police Department. Owner and driver shall pay all fees and storage charges in addition to any assessed penalty for this violation. N. Penalty ��� Any person violating any provision of this ordinance shall, upon conviction thereof ORD. NO. 98-120 7 by a court of competent jurisdiction, be fined not more than two hundred dollars ($200.00) for each violation with each day being a separate violation. O. Revocation of Permit. In addition to the penalties provided above for violation of this ordinance the City Manager or the City Manager's designee may revoke the residential parking permit of any person found to be in violation of this ordinance, and, upon written notification thereof, the person shall surrender such permit to the City Manager or the City Manager's designee. Failure to surrender a revoked residential parking permit when requested to do so shall constitute a separate violation of this ordinance. P. Implementation of the Residential Parking Permit Program The residential parking permit program will be deemed implemented and in effect upon the complete installation of parking permit area signs and the initial distribution of parking permits. Section 3. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or - - unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares �� it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which required that this ordinance shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE on this the 6th day of October, 1998. APPROVED: � � William D. Tate Mayor 8 ORD. NO. 98-120 ATTEST: .� . Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney � �" 9 ORD. N0.98-120