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HomeMy WebLinkAbout09012 ORDINANCE NO. 9012 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE XV OF THE PUEBLO MUNICIPAL CODE RELATING TO THE PARKING OF VEHICLES IN MUNICIPAL PARKING LOTS AND PROVIDING PENALTIES THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 15-2-4 of Chapter 2, Title 15, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 15-2-4. Signs. (a) Signs may be erected at the entrance to each City-owned or City-operated or restrictions parking lot identifying the same, and setting forth the rates for parking therein. (b) It shall be unlawful for any person to stop, park, leave or cause to be parked or left any automobile or other motor vehicle in a municipal parking lot after having been warned not to do so by sign or posted warning. (c) If a sign or marking restricts the use of a designated parking area or individual space by requiring the display of a permit or placard, it shall be unlawful and a separate strict liability municipal offense for any person to stop or park any automobile or other motor vehicle in the area or space without properly displaying a valid permit or placard. For purposes of this Subsection, such a permit or placard is properly displayed only when it is located on the dashboard or windshield of the vehicle in front of the driver's seat, or when it is hung from the rearview mirror, and the date of expiration of the permit or placard is clearly visible through the windshield of the vehicle. Motorcycles, mopeds, and other two-wheeled vehicles shall be exempt from this Section. (d) The presence of an unattended automobile or other motor vehicle shall create a prima facie presumption that the registered owner of such vehicle did then and there park, leave or cause to be parked or left the vehicle on such premises, and the burden of proof shall be upon the registered owner to show otherwise. (e) This Section shall not apply to employees of the City in the discharge of their official duties. SECTION 2. Section 15-2-5 of Chapter 2, Title 15, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 15-2-5. Marking. (a)signs, Each municipal parking lot may be marked with stalls or lines indicating proper areas of parking, as directed by the City Manager, in such a manner as to provide the greatest number of parking spaces commensurate with safety and ease of access. (b) In those areas where designated parking areas or individual spaces have been clearly identified by signs, markings or otherwise, it shall be unlawful and a strict liability municipal offense for any person to stop or park any automobile or other motor vehicle other than completely within the area or individual space designated for parking. (c) The presence of an unattended automobile or other motor vehicle shall create a prima facie presumption that the registered owner of such vehicle did then and there park, leave or cause to be parked or left the vehicle on such premises, and the burden of proof shall be upon the registered owner to show otherwise. (d) This Section shall not apply to employees of the City in the discharge of their official duties. SECTION 3. Chapter 2, Title 15 of the Pueblo Municipal Code is hereby amended by the addition of Section 15-2-16 to read as follows: Sec. 15-2-16. Violations and penalties. (a) It is unlawful for any person to violateany of the provisions of this Chapter. (b) A violation of this Chapter shall constitute a strict liability civil traffic infraction punishable by a civil penalty only, not to exceed one thousand dollars ($1,000). (c) Each hour of continuing violation shall be deemed to be a separate violation and a separate offense. (d) The owner, driver, or both, of any vehicle that is stopped, parked, left, or otherwise in violation of any provision of this Chapter shall be subject to the penalty herein. (e) No person shall be arrested for any civil traffic infraction. The Municipal Court shall not imprison any person for any civil traffic infraction and shall not issue any warrant for the arrest of any person accused of or found liable for a civil traffic infraction, except that the Court may issue arrest warrants for and imprison any such person for contempt of court. The Court shall have the authority to order persons found liable for civil traffic infractions to pay civil penalties, costs and surcharges for such infractions. No person accused of a civil traffic infraction shall be granted a jury trial. The Municipal Court shall apply the Colorado Rules for Traffic Infractions in every case involving a civil traffic infraction. The Municipal Court Judge shall act as the referee in all such cases. The Municipal Court shall communicate all outstanding judgments in civil traffic infraction cases, including all defaults, judgments, civil penalties, costs and surcharges, and failure to pay the same, to the Colorado Department of Revenue, Division of Motor Vehicles. The Municipal Court may also send unpaid defaults, judgments, civil penalties, costs and surcharges to a collection agency. SECTION 4. Any person who violates Section 15-2-4 or Section 15-2-5 of the Pueblo Municipal Code as amended hereby or violates this Ordinance as related thereto, shall be guilty of a municipal offense and shall be punished as provided by Section 15-2-16, Pueblo Municipal Code, as adopted herein. SECTION 5. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 6. This Ordinance shall become effective immediately upon final passage. INTRODUCED July 11, 2016 BY: Ed Brown PASS AND APPROVED: July 25, 2016 City Clerk’s Office Item # R-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: July 11, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Pepper Whittlef, Department of Transportation Chief Luis Velez and Sergeant Howard Jackson, Police Department SUBJECT: AN ORDINANCE AMENDING CHAPTER 2 OF TITLE XV OF THE PUEBLO MUNICIPAL CODE RELATING TO THE PARKING OF VEHICLES IN MUNICIPAL PARKING LOTS AND PROVIDING PENALTIES THEREFOR SUMMARY: Attached is an Ordinance amending Chapter 2 of Title XV which amends Sections 15-2-4 and 15- 2-5 by creating offenses relating to the prohibited parking of vehicles in municipal parking lots, and adding Section 15-2-16, which provides penalties therefor. PREVIOUS COUNCIL ACTION: On November 28, 1966, Council passed and approved Ordinance No. 3093 to amend the 1957 Code, adding Sections 26-24 and 26-25 to Article II. The sections addressed the required signs and markings for city parking, and were incorporated with other provisions for municipal parking lots. The amended provisions are currently reflected in Sections 15-2-4 and 15-2-5 of the municipal code. BACKGROUND: Currently, the Pueblo Municipal Code does not provide for a violation when an owner or driver has failed to properly display a required parking permit or placard in a municipal parking lot. Nor does the code provide for a violation when an owner or driver of a vehicle has improperly stopped or parked a motor vehicle anywhere other than within the marked boundaries of designated parking areas or spaces. These behaviors are frequently encountered by police and parking enforcement officials, inconvenience other motorists, and are disruptive to the community in general. The proposed Ordinance creates an offense that provides that it is a violation of the Pueblo Municipal Code for a vehicle to be stopped or parked other than completely within the defined boundaries of designated areas or spaces in a municipal parking lot. It also creates a new violation for failure to properly display a required parking permit or placard. In addition, the proposed Ordinance clarifies that all violations within Chapter 2 of Title XV are strict liability offenses, provides for continuing violations as separate offenses, and creates liability for violations for both an owner and a driver of a vehicle, if different persons. These revisions will allow Police and Parking Enforcement Officers to better protect the health and safety of the citizens of Pueblo. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: Council can refuse to approve the proposed Ordinance. If the proposed Ordinance is not approved, the language of the Ordinances will remain as it is currently and no municipal offense will exist for stopping or parking a vehicle other than completely within the defined boundaries of a parking area or space, or for failing to display a parking permit when required. RECOMMENDATION: The Department of Transportation and the Police Department recommend approval of this Ordinance. Attachments: None.