HomeMy WebLinkAbout3141 Amending 11.26.020 Public Parking Lots
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 11.26.020 TO LIMIT THE
USE OF PUBLIC PARKING LOTS FOR PURPOSES
OTHER THAN PARKING VEHICLES
Annotated to show de et o and additions to the code sections being modified. Deletions
are bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the City has directed significant financial and other resources to constructing
and maintaining parking lots in and near the downtown to accommodate high demand for
parking spaces; and
WHEREAS, a shortage of downtown parking spaces in times of peak demand has prompted
the City to consider various measures to increase the availability of such parking spaces; and
WHEREAS, persons trying to park vehicles in City public parking lots have increasingly
been unable to do so because otherwise available parking spaces, including parking spaces
for handicapped persons, were occupied by persons using the parking spaces for purposes
other than vehicle parking; and
WHEREAS, exclusionary unpermitted occupancy of public parking spaces and access to
them for uses other than vehicle parking inconveniences the general public and imposes
undue financial burdens on the City; and
WHEREAS, the City of Ashland occasionally finds that portions of public parking lots are
sought: to be used temporarily for beneficial purposes other than strictly for vehicle parking.
The City Administrator should be authorized to issue permits for short term, temporary uses
whose benefits to the general public outweigh the inconveniences.
THEREFORE, THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 11.26.020 is amended as follows:
Ordinance No. Page 1 of 3
11.26.020 Prohibitions
In addition to the parking prohibitions in the motor vehicle laws of Oregon, no person shall:
(1) Except where the street is marked or where officially indicated otherwise, stand or
park a vehicle in a street other than parallel with the edge of the roadway, headed in the
direction of lawful traffic movement, and with the curbside wheels of the vehicle within
12 inches of the edge of the curb or, if no curb, as close as possible to the edge of the
shoulder;
(2) Park on a street or in a City parking lot in a manner or at a time prohibited by official
signs;
(3) Park on a street or in a City parking facility longer than the time specified by
applicable official parking signs:
(a) The period of time so specified shall begin when the vehicle is parked in a particular
limited time zone on a particular block face; and
(b) The period shall be terminated when the vehicle is moved and parked on a different
block face, at which time a new period shall begin as stated in (a);
(4) Park so as not to be entirely within the painted lines of a single parking space;
(5) Park within an area marked off by traffic markers or by painted curb or pavement;
(6) Park within 10 feet of a fire hydrant or within 30 feet of a fire station;
(7) Park in a street intersection, including the area used for crosswalks, or upon a
sidewalk, or upon a bicycle path;
(8) Park upon a bridge, viaduct, or other elevated structure used as a street, or within a
street tunnel, or upon any parkway, unless marked or indicated by official signage
otherwise;
(9) Park across or within the entrance to an alley or driveway;
(IO)Park in an alley, except to load and unload persons or materials for not longer than 20
consecutive minutes in any 2 hour period;
(11) Park in an unimproved portion of the front setback of any structure in any residential
zoned district;
(12) Park on any public right-of-way with expired vehicle registration;
(13) Park on any public right of way with the principal purpose of.
(a) Displaying the vehicle for sale;
(b) Washing, greasing, or repairing the vehicle, except repairs necessitated by an
emergency; or
(c) Selling merchandise from the vehicle, except in an established marked place or when
so authorized or licensed under the ordinances of this City; or
(14) Park, stand or stop a truck or bus on a public street or in a public parking area with
its engine running, if such engine emits exhaust fumes into the air. Vehicle engines shall
be turned off when loading and unloading passengers or merchandise. This subsection
shall not apply to:
(a) An engine running for less than five minutes;
(b) A vehicle in the moving traffic lane waiting to move with the normal flow of
traffic;
(c) An engine needed to operate equipment used to load or unload merchandise; or
(d) Emergency vehicles, utility company vehicles, or any construction and
maintenance vehicles which have engines that must run to perform needed work.
Ordinance No. Page 2 of 3
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(15) Use a parking lot owned by the City for purposes other than parking of a
vehicle as defined in ORS 801.590 unless otherwise permitted by special use permit
issued by the City Administrator's Office.
SECTION 2. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinances(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re-lettered, provided however, that any
Whereas clauses and boilerplate provisions, i. e., Sections 2-4 need not be codified, and the City
Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by tit e only in acco dance with Article X,
Section 2(C) of the City Charter on the day of dance
, 2017,
and du PASSED and ADOPTED this day of , 2017.
r
Barbara M. Christensen, City Recorder
t
SIGNED and APPROVED this 1 day oft 7 , 2017.
J Stromberg, Mayor
Reviewed as to fo
David H. Lohman; City Attorney
Ordinance No. Page 3 of 3