HomeMy WebLinkAboutItem 3 - PH on Vehicle StorageEUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Public Hearing: An Ordinance Concerning Storage of Vehicles on Streets and Amending
Section 5.135 of the Eugene Code, 1971
Meeting Date: July 26, 2004 Agenda Item Number: 3
Department: Planning and Development Staff Contact: Kay Kronholm
www. cl. eugene, or. us Contact Telephone Number: 682-5296
AGENDA ITEM SUMMARY
This is a public hearing on an ordinance concerning the storage of vehicles on streets. Staff is proposing
changes to Chapter 5 of the Eugene Code. These changes would increase the time a vehicle may be
parked on the street from 24 hours to 72 hours before the vehicle is required to be moved and prohibit
any vehicle with expired license plates from being parked on any public street.
BACKGROUND
Council Action History
In September 1995, the council passed ordinance changes to the section of the code related to storing
vehicles on the street to bring it into compliance with State code requirements for notification after
towing a vehicle.
Policy Issues
The intent of this recommendation to increase the time that a vehicle may be parked on a public street
without being moved is to help promote the alternative modes goals of the City of Eugene. Over the
past 18 months, the Parking Services office has received an increase in calls from citizens city-wide,
requesting more time before they have to move their cars. The complainants note that the City wants
citizens to use alternative modes but then insists that they move their vehicle every 24 hours.
Staff realizes that if the ordinance is passed, a vehicle may sit on a public street for a longer period of
time (with the increase from 24 hours to 72 hours), but believes this will, in fact, better meet the needs
of a majority of citizens throughout Eugene.
The addition of prohibiting vehicles with expired plates to park on the street will bring Chapter 5 in line
with Chapter 6 of the Eugene Code. Currently Chapter 6 prohibits vehicles with expired plates from
parking on any private or public property if the vehicle can be viewed from a street or sidewalk. By
including this prohibition in Chapter 5, parking control would be able to enforce this violation.
Council Goal Action Priority
In addition to Council goals, this item relates to Council's growth management policies as follows:
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· Supports City Council goals to promote and improve the use of alternative modes of
transportation by not penalizing people who don't drive and move their vehicles every 24 hours.
· Supports the City Council goal to retain a high quality of life by not allowing unlicensed vehicles
to be parked on city streets and other public property for any period of time.
Financial and/or Resource Considerations
As Eugene continues to grow, staff in parking enforcement and Municipal Court will not be able to
maintain a reasonable response time with the current 24-hour storage-on-street code. Current resources
are stretched to the limit and the storage-on-street/abandoned vehicle program is time-consuming and
not a self-sustaining portion of the parking program. Staff believes that by increasing the time a vehicle
may be parked on the street, call volume will drop, allowing citizens to be better served by removing
actual abandoned vehicles from the street in a timely fashion.
Other Background Information
After careful review, discussion with Municipal Court, and consideration of the proposed change, staff
concludes that this would be a prudent step to take to support of the City's alternative modes of
transportation program and goals, and in light of staffing needs.
Municipal Court Judge Allen strongly supports the change from 24 hours to 72 hours. He also supports
the expired license plate addition to the code.
Timing
No accelerated timing is necessary on this issue.
OPTIONS
The council has the option to:
1. Pass the ordinance as recommended, increasing the time for parking a vehicle on the street without
being moved from 24 to 72 hours and to not permit vehicles with expired license plates to be parked
on any city street at any time;
2. Create a substitute timeframe of 48 hours to allow vehicles to be parked on the street as a middle
ground to the recommended change and to not permit vehicles with expired license plates to be
parked on any city street at any time;
3. Pass only the new section of the storage-on-street ordinance to not permit vehicles with expired
license plates to be parked on any city street at any time; or
4. Decline to pass a motion to implement changes to the storage-on-street ordinance.
STAFF RECOMMENDATION
Staff recommends that the council approve the changes to the storage-on-street ordinance as presented
(Option 1).
SUGGESTED MOTION
None; this is a public hearing only.
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ATTACHMENTS
A. Proposed changes to Eugene Code
FOR MORE INFORMATION
Staff Contact: Kay Kronholm
Telephone: 682-5296
Staff E-Mail: kay.kronholm~ci, eugene, or.us
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ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE CONCERNING STORAGE OF
VEHICLES ON STREETS AND AMENDING SECTION
5.135 OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 5.135 of the Eugene Code, 1971, is amended as follows:
5.135 Storaqe of Vehicles on Streets.
(1) No person shall store or permit to be stored a vehicle or personal
property on a street or other public property for a period in excess of
[24] 72 hours. It shall constitute prima facie evidence of storage of a
motor vehicle if the same is not moved for a period of [24] 72 hours.
The continuity of the time shall not be deemed broken by movement of
the vehicle elsewhere on the block unless the movement removes the
vehicle from the block where it was located before it is returned.
(2) No person shall store or permit to be stored a vehicle on a street
or other public property if the vehicle's registration sticker has
expired.
([2]3) When a vehicle is found in violation of subsection (1) or (2) of this
section an officer responsible for enforcement of this section shall issue
a citation for the violation and may order the vehicle impounded after
providing the notice required under sections 5.695 and 5.697 and, if
requested, a hearing under section 5.698 of this code.
([3]4) This section shall not apply to vehicles taken into custody as provided
in section 5.225 and section 5.700 of this chapter.
Section 2. The City Recorder, at the request of, or with the concurrence of the
City Attorney, is authorized to administratively correct any reference errors contained
herein or in other provisions of the Eugene Code, 1971, to the provisions added,
amended, or repealed herein.
Passed by the City Council this Approved by the Mayor this
__ day of ,2004 __ day of ., 2004.
City Recorder Mayor
Ordinance
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