Loading...
HomeMy WebLinkAboutOrdinance No. 19969ORDINANCE N0. 199fi9 AN ORDINANCE CONCERNING PARKING SPACE RENTAL PERMITS; AMENDING SECTIONS 3.344, 4.855, 4.812, 5.010, 5.055, 5.225, 5.2$5, 5.290, 5.330, 5.350, 5,990, fi.010, AND 1.295 OF THE EUGENE CODE, 1911; REPEALING SECTIONS 2.154, 5.232, 5.233, ~, 5.365, AND 5.310 OF THAT CODE; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1, Section 2.154 of the Eugene Code, 1911, i s repealed . Section 2. Subsection ~5} of Section 4.$55 of the Eugene Code, 1911 is amended to provide 4.855 Certain Uses of Streets and 5i dewal ks Permitted. ~5} A builder may make use of a portion of the street or sidewalk when necessary for the construction of a building; provided that a permit to do so has been obtained i n accordance with and subject to section 5.350. Section 3 . Subparagraph fir} of Subsect i an ~ 1 } of Section 4.872 of the 4 Eugene Cade, 1911, i s amended to provide : 4.812 Pedestrian Mall - Prohibited Acts. ~ 1 } Except when approved as part of an authorized activity, the fol 1 owi ng acts are prohibited on the mall : fir} Except ~ on Olive Street where vehicles are al 1 owed, except for publicly owned vehicles or public utility vehicles when responding to an emergency, and except as authorized by parking space rental permits issued and authari ted i n accordance with section 5.350 of this code, operating or parking a motor vehicle. Section 4 . Subsection - ~ 4 } ~ a} 6. of Section 3.344 of the Eugene Code, 1911, i s amended to provide 3.344 Private Commerce on Public Pro ert - S eci f i c Authorized Activities. ~4} ~ Downtown mall . Words and phrases used i n this subsection shat l have the meanings ascribed to them i n section 4.811 of this code. ~a} Except for participants in a city sponsored event, no Ordinance - 1 person or business shall conduct any of the fol 1 owi ng activities vn the downtown mall without first recei vi ng a ma11 activity permi t pursuant to section 3.341 of this code; 6. Except on O1 i ve Street where vehicles are allowed, operating or parki ng a motor veh i c1 a on the mall without first obtai ni ng a parki ng space rental permit i n accordance with and subject to the restrictions of section 5.35a of this code. Section 5 , The definition of "Tow away Zone" set forth i n Section 5.01 a of the Eugene Code, 1911, i s amended, and new definitions of "Bus stop -Lane Trans i t Di stri ct, " "Commercial marked vehicles, " and "lane Trans i t Di stri ct 1 ay- over tone, " are added i n alphabetical order therein, to provide: 5.010 Definitions. In addition to those definitions contained in ORS Chapters 801 to 823, and Chapter 153, the following words and phrases, except where the context clearly indicates a different meaning shall mean ; _ Bus sto -Lane Transit District, A bus stop with an official lane Transit District sign, Commercial marked vehicle. A vehi cl a used primarily for the transportation of property and only while actually conducting business from the veh ~ cl a and meeting one or both of the following criteria: 1. The vehicle bears a "T" 1 icense plate. 2 , The vehicle bears the name of a bus i Hess either imprinted on the vehicle or on a commercially made sign measuring no 1 ess than 12 inches i n height by 12 inches i n w~ dth and ~ s d~ spl ayed at 1 east on the driver's side of the vehicle. Lane Transit District l av-over zone. An area adjacent to a roadwa approved by the city as a bus lay aver zone. Tow_ away,.zone. That space adjacent to the curb of a street, avenue ar public way, or portion thereof, on which stopping, stand ~ ng or parks ng has been prohibited, . and which i s designated as a "Tow Away Zone" by official signs and/or markings . Section 6. Subparagraph €n}~of Section 5.055 of the Eugene Code, 1911, is amended to provide ; 5.055 Criteria for Administrative Actions . The administrative action of Ordinance - 2 the city manager or the manager's designee shall be based upon consideration of: ~ n } When establishing conditions upon the use of parking i n the publ ~ c way and c ~ ty-owned parking f ac i 1 i t i es : ~. Applicable and appropriate time limits; 2. The vehicle type and purpose; 3. The relative, seasonal and special event demands for parki ng spaces within the areas of the requested parking; 4. The other public uses for the property; 5. The 1 ocati on and physical characteristics of the parking area or foci l i ty; 6. The demand far parking operating revenues and the casts of parking operations and enforcement; 7. The use of parking regulations to promote city , adopted goals and pol ~ c~ es; 8, Abuse by applicants of any parki ng-related permits; 9. The impact on nearby commercial uses; l0. The ease of enforcing the provisions of thi s chapter; and 11. The avai 1 obi 1 i ty of other parking spaces . Section 1. The first paragraph of Subsection ~ l } , and Subsections ~3 } ~d} , (3)(f) and (3)(g) of Section 5.225 of the Eugene Code, 1971, are amended, Subsection (3)(j) is relettered (3)(k), and a new Subsection (3)(j) is added thereto, all to provide: 5.225 Prohibited Sto i n Standi n and Parkin . . ~ 1 } , Except as authorized by a parki ng space rental permit issued ~ n accordance w~ th sects on 5.350, no person shall stop, stand or park a vehi cl e i n such a manner yr 1 ocati on that i t consti Lutes a hazard to public safety or an obstruction to vehicle, bicycle or pedestrian traffic on the street, which shat ~1 include, but not be 1 i mi ted to, stopping, standing ar parking: ~3} No operator shall park and no owner shall allow a vehicle to be parked: ~d} Within the area between the curb or curb 1 i ne and the sidewalk 1 i ne or outer edge of the sidewalk commonly known as the curb strip; ~ f } Contrary to the written conditions upon wh i ch a parki ng space rental permit or other parking permit was issued by the city; fig} In a parki ng space that has been reserved i n accordance with subsection ~ 5} of section 5.350; , ~j} In a Lane Transit District bus stop except: 1. A Lane Transit District bus or a contract bus of Ordinance - 3 lane Transit District while 1 oath ng/unloading passengers; 2. When allowed by the terms of a contract or permi t with the city; 3. Buses referred to in subsections 1. and 2. of this subsection may park i n a des i grated Lane Transit District bus lay-over zone for a period of time nat to exceed 30 minutes. ~ k} any other place or manner prohibited by state 1 aw. Section 8. Sections 5.232 and 5.233 of the Eugene Code, 1911 are hereby repealed. . ~ ~ . ~ ~, ~~~ Section 10. Subsection ~1} ~c} of Section 5.285 of the Eugene Code, 1911, is .deleted, and Subsections ~1}~d} and fie} are relettered ~c} and ~d} respectively, to provide : 5.285 Charges for Off-Street Parking. ~1} When establishing charges within the l imits of subsections ~5} and ~6} of this section, the following shall be considered: ~c} The obi 1 i ty of the city to meet the financial obligations of existing or proposed parking facilities . ~d} When considering the charges for foci l i ties i n proximity to the Hul t Center, the 1 eves of tax support the city provides to that center. Section 11. Section 5.290 of the Eugene Code, 1911, i s amended to provide 5.290 den i al of Parkin Permits . The city manager or designee may wi thhol d issuing any parking permits authari Zed by this chapter i f the person seeking the parks ng permi t or a veh~ cl a owned by the person ~seeki ng the parking permit: ~a} has outstanding citations for violations of thi s chapter for wh ~ ch ba ~ 1 has not been deposited with or fines paid to the municipal court; or fib} i s subject to a mun i ci pal court order denying the .issuance thereof. Section 12 . Section 5.330 of the Eugene Code, 1911, i s amended to provide 5.330 Collections. The city manager or designee shall cause all coins and tokens i n parking meters to be co11 ected and disbursed. Ordinance - 4 Section 13 . The caption preceding Sect i an 5.350, and Section 5.350 of the Eugene Code, I971, are amended to provide: Parkin 5 ace Rental Permits 5,350 Parking Space Rental Permits. ~n rir .i~~unnounn~ur.r`r~mnnrm~iinnnni~rirr`~nw.w ~ 1 } Authorization. The city mans er or des i nee ma under g g Y~ conditions set forth i n this section, issue parking space rental permits upon a proper and complete written application therefor. ~2} ~i cati on_. If i t i s necessary for a person to park a motor vehicle i n a, parki ng restricted area for a peri od of time ar i n a manner that would otherw~ se not be permitted to foci 1 i tote construction work, maintenance, service or repai r work, or the moving of furniture, equipment or other supplies, the person shall make an application upon a form approved by the city manager or des ~ gnee, for a parki ng space rental permit. ~3} .Issuance, of Permit, In deciding whether to issue a parking space rental permit, the city manager, ar designee, shall consider the criteria set out at subsection ~n } of section 5.055 and determine the necessity of the appl ~ cant' s des ~ red use; prove ded, however, that the investigation and determ~ nat~ on of recess ~ ty need not precede the issuance of the permit i f the application shows reasonable necessity i n accordance with subsection ~ 2 } of th i s sects on . Day 1 y employee parking shat 1 not be cons i dared a necess i ty under th i s section . Upon approval of the app1 i cati on and payment of al 1 required fees, a parking space rental permi t shall be issued, with conditions as to time, 1 acat~ on, and manner of use as may be appropriate. ~4} ,Placement and Use of Permit. When parking pursuant to the permi t, the permi t holder shall place the permit face up on the driver's side dashboard of the vehicle with the recorded ~val i dati on readable f ram outside the vehicle. The permit holder shall not park i n any space lawfully occupied by another vehicle, nor park i n a manner that blocks the egress of any lawfully parked vehicle. The permit shall be used ant y when parking a~ vehicle i s necessary to the performance of the work for which the application was submitted. ~5} Reservation of S aces. A parking space rental permit issued pursuant to the s sect ~ on may authorize the permit holder to use barricades to reserve one or mare parking spaces . I n using barricades, the permit holder shat 1 comply w~ th all cond ~ t ~ ons and regul at ~ ons imposed as to their use. Use of barricades i n any manner not authorized by the permit shat 1 be cause for revocation of the permit or the barricade authorization. ~ fi} Fees . Prior to issuance of a parki ng space rental permit, the applicant shall pay a fee established by the city manager pursuant to section 2.024 of this code. . ~7} Revocation, of Permit. The use of a parking space rental permit issued pursuant, to this section for any purpose other than that set forth in the appl ~ cats on or ~ n any manner contrary to the permit's terms and conditions shat 1 be cause for revocation of the permit. Upon written notification to the permi t holder that the permit has been revoked, the permit shall be deemed invalid for all purposes and all fees paid shall be forfeited. . ~8} General limitations, Unless the parking space rental permit sped f ~ cal ly authors zes to the contrary, the permit h01 der shall not ~ use the Ordinance - 5 permit to park: ~ a} At a l acati on where parking or stopping i s prohibited; fib} In a parki ng space during hours when parking ar stopping at that location ~s proh~b~ted; ~c} In a parking space for longer than permitted if the space ~ s des ~ gnated as perms tti ng parking for a peri od of time 1 ess than one hour. Nothing i n this section shat 1 prevent a parki ng control officer, pal i ce officer or other authorized person from i ssui ng a ci tati on for violation of this or any other applicable provision of this code or from towing or impounding a vehicle when the towing or impounding i s authorized under any other prov i s i an of th i s code. . ~9} The city manager may adapt by administrative rule pursuant to the prove s ~ ons of sect ~ on 2 ..019 of this code more specific procedures and cry tern a w~ th respect to, but not 1 i mi ted to, the issuance, use, or revocation of parking space rental permits. Vi al ati on of a rul a adopted hereunder shat l constitute a viofation~ of this section. Section 14. Sections 5.3fi5 and 5.310 of the Eugene Code, 1911, are repealed . Section 15 . Subsect i an ~ 5 } of Section 5.990 of the Eugene Code, 1911, i s amended, Subsections (6) and (7) are deleted therefrom, and Subsection (8j is renumbered to ~ 6 } , to provide 5.990 Penalties - S ecific. . ~ 5} 4~hen there have been repeated violations of paragraph ~3} ~f } of sects on 5. X25, ~ n adds t~ on to the penalty provided i n section 5.995, the municipal judge may suspend for up to one year the pri vi 1 ege of purchasing a parking space rental permit for any vehicle owned or 1 eased by the offender. ~fi} vi al ati on of .Section 5,1555} i s punishable by fine not to exceed $150.. Each subsequent violation within the same prohibited time period shall constitute a separate violation, and in addition to the penalty provided herein, the vehicle may be towed and taken. to a storage area designated by the city and may be impounded, all at the expense of the owner or person entitled to possession of the vehicle. Section 16 . Subsection ~ i } 1. ~ a } of Section fi~. 014 of the Eugene Code, 1911, i s amended to provide fi.010 Nuisances Affecti ng the Public. The fal 1 owi ng are nuisances which may be ~a~bated as provided i n this code ~ i } Ve~et at i on . ~` i i niurnrr~~ property that: Any vegetation on public or private Ordinance - fi~ 1. Is a hazard to pedestrian ar vehicular use of a sidewalk or street by obstructing pas sage or vision . The hazards include but are not limited to: ~ a} , vegetation that encroaches upon or overhangs a pedestr~ an way or adjacent curb strip lower than nine feet or encroaches upon ar overhangs a street lower than 15 feet . Section 17, Anew Subsection ~5} is added to Section 1.295 of the Eugene Code, 1911, to provide 1.295 Public wa Construction and Use - Permi t A l i cati on, ~5~ Permits issued pursuant to this section do not authorize vehicle parking ~ n the public way. I f the proposed construction necessitates parking vehicles ~n the public way, the applicant must make an application for a parks ng space rental permit i.n accordance with and subject to section 5.350. Section 18, At the request of, or with the approval of the City Attorney, the City Recorder i s authorized to adrni ni strati vely correct any reference errors contained herein or i n other pravi si ons of the Eugene Cade, 1971 to the provisions added, amended or repealed herein. Section 19, Fees currently established for parking space permits or hoods shall remain i n effect unti 1 new fees are established pursuant to the pravi si ons of this Ordinance. Section 20. That the matters contained herein concern the public health, welfare and safety and therefore, an emergency i s hereby declared to exist, and this Ordinance shall become effectively immediately upon its passage by the City Council and approval by the Mayor, retention by the Mayor for more than ten days, or readopt~on over a Mayoral veto by two-thirds of all members of the City Counc i 1. Passed by the City Counc~ l thi s Approved by the Mayor this 21st day of July, 1994 ...~.. ~' City Re rder 21st day of July, 1994 . Mayor Ordi Hance - l ADMINISTRATIVE C[~RRECTIUN Section 9. has been deleted from this Ordinance. Eugene Code Section 5.280 was previously deleted from the Eugene Code by ordinance ~ 9500, enacted September 25,19$7.