HomeMy WebLinkAbout2967 Parking Regulations
ORDINANCE NO. JJ1tD1
AN ORDINANCE RELATING TO PARKING REGULATIONS, ALLOWING USE
OF IMMOBILIZING DEVICE, AUTHORIZING TOWING, REMOVING
DOWNTOWN PARKING LIMITATIONS, UPDATING AND CORRECTING
PARKING PROCESSES AND PROCEDURES, AMENDING AMC SECTIONS
11.08.080, 11.28.060, 11.28.080, 11.28.090, AND 11.28.110, AND REPEALING
AMC CHAPTER 11.30 AND AMC SECTION 2.28.215.
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold . and additions are bold underlined.
WHEREAS, City processes and procedures concerning parking regulations are in need of
clarification; and
WHEREAS, the downtown business owners have stated through the 2008 Downtown Task
Force that employee parking restrictions are causing them hardship and requested that the
City remove these restrictions; and
WHEREAS, the City agrees to remove downtown employee parking restrictions in lieu of
voluntary parking measures by downtown employers relative to their employees; and
WHEREAS, the City would like to authorize the installation of an immobilizing device on
vehicles and towing of vehicles in certain circumstances for persons with specified levels of
unpaid parking violations, and
WHEREAS, the City wishes to provide more process and procedures before resulting to
issuance of a warrant in the case of parking violations.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. Section 2.28.215 [Municipal Judge - Parking Violations] is hereby repealed.
SECTION 2. Chapter 11.30 [Downtown Parking District] is hereby repealed.
SECTION 3. Section 11.08.080 [Block] is hereby amended to read as follows:
11.08.080 Block
A seament of a street bounded by consecutive cro'ss streets or intersectina
streets. The 13Rd surrouRded by streets 3Rd other right of ....1(3y other th3n 3n
alley, or land which is designated as a block on any recorded subdivision map.
Notwithstandina the above. for purposes of Chapter 11.24 a block shall also
include the plaza area bounded by and includina. East Main Street. North Main
Street. and Winburn Way.
SECTION 4. Section 11.24.100 [Collections; Enhanced Penalties; Appeals] is hereby
added to read as follows:
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11.24.100 Collections: Enhanced Penalties: Appeals.
The Municipal Judae or City contracted parkina enforcement provider is
authorized to assian any and all unpaid parkinCl violations to a collection
aaencv or aaencies for collection of the penalty provided for such violations.
The penalties for parkinCl violations as provided in the Ashland Municipal
Code shall be enhanced in each case when the defendant fails to appear or
post bail within the time reQuired bv the citation as follows:
A. When the defendant fails to appear or post bail within ten (10) days of
the due date thereof. the penalty shall increase by Ten Dollars ($10.00),
B. When the defendant fails to appear or post bail within thirty (30) days
of the due date thereof. the penalty shall increase by Thirtv Dollars
($30.00),
C. When the defendant fails to appear or post bail within fifty (50) days of
the due date thereof. the penalty shall increase by Fifty Dollars
($50.00) .
A defendant who fails to appear or post bail within the time reQuired bv the
parkinQ citation or penalty enhancement waives any obiection. and cannot
contest or appeal the initial parkina violation or penalty enhancement
previously imposed. Any fines or penalty enhancements that have not been
paid to the contracted parkina enforcement provider shall be deemed a debt
owed by the defendant to the city. Any person that continues to owe money
to the city for more than 50 days under the provisions of this chapter may be
submitted to a collection aaency by the contracted parkinCl enforcement
provider. Notwithstandina any other remedy provided in this code. includinCl
immobilization. towina or warrant. a default iudament may be taken by the
Court followina any failure to appear or penalty enhancement and the matter
referred to a collection aaencv.
1- 30 DAYS
31-50 DAYS
51 or more da s
Ticket cost
Ticket cost
Ticket cost
* This table does not include the multiple ticket penalties under AMC
11.28.110. surcharaes or other fees authorized under this chapter.
SECTION 5. Section 11.24.090 [Exemption] is hereby amended to read as follows:
11.24.090 Exemption
The provisions of tf.1.is chapter Chapters 11.24 and 11.28 regulating the parking or
standing of vehicles shall not apply to a vehicle of a State Aaency, City department
or public utility necessarily in use for construction or repair work, or to a vehicle
with a Special Permit for Delivery. Maintenance or Construction or to a vehicle
owned by the United States while in use for the collection, transportation, or delivery
of the United States mail.
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SECTION 6. Section 11.24.095 [Special Permit for Delivery, Maintenance or Construction]
is hereby added to read as follows:
11.24.095 Special Permit for Delivery. Maintenance or Construction
A. Loadina and unloadinCl of vehicles shall be permitted as provided in the
Ashland Municipal Code.
B. A Special Permit may be aranted bv the City Administrator. or desianee.
when substantial evidence is submitted that demonstrates that an exemption
from the two or four hour time limits for parkina is necessary based on the
size or complexity of a delivery or for the safe and convenient placement of
construction. repair or maintenance vehicles adiacent to a construction.
proiect or iob site.
C. The Special Permit must be prominently displayed in the vehicle while
parked in the restricted parkina area. Vehicles displayinCl the Special Permit
shall be exempt from the provisions of Section 11.24 and 11.28 concernina
two or four hour parkina limitations. but must abide by all other traffic and
parkina reaulations. includinCl loadina zone parkina time limits.
SECTION 7. Section 11.28.080 [Violation - Penalties] is hereby amended to read as
follows:
11.28.080 Parkina Violation - Prohibition PeRalties
A parkina iRfractioR violation is a violation of any parkinCl prohibition. limitation or
reaulation of the City of Ashland. A vehicle parked in violation of this chapter shall
have a notice of violation attached to the vehicle and the owner or operator of the vehicle
shall be subject to the penalties provided in Section 1.08.020 and this chapter, and may
be subject to the impounding of such vehicle as provided in Chapter 11.36. A person
who commits a parkinCl iRfrastioR violation may not suffer any disability or leaal
disadvantaae based upon conviction of a crime.
SECTION 8. Section 11.28.110 [Fines for parking infractions and warrants of arrest] is
hereby amended to read as follows:
11.28.110 FiRes Penalties for parking iRfractions violations: immobilization.
towinCl. and show cause and warrants of arrest
~.. parkiRg infraGtioR is a '/iolatioR of any parking prohibitioR, IimitatioR or
regulatioR of the City of ~..shlaRd. It perSOR '::ho commits a parkiRg iRfractioR
may not suffer aRY disability or legal disad\l(antage based UpOR convistioR of a
Grime, aRd, the peRalty shall be limited to a fiRe Rot to exceed $150. Pro'Jided,
h&\\fe'/er, a perSOR '::ho commits three or four parkiRg iRfractioRs iR any
caleRdar year shall pay aR additional fiRe of $25 aRd a persoR \\'ho commits
fh'e er more parking iRf.ractioRs iR aRY caleRdar year shall pay an additioRal
fiRe of $50. IR the trial of a perSOR charged "'/ith a parkiRg iRfraGtioR, Reither
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the defeRdant Ror the City of AshlaRd shall be eRtitled to trial by jury. If a
pers9R cited for a parkiRg iRfractioR fails to appear aRY time fixed by the
Court, a 'Narrant for the arrest of such person may be issued.
A. Fine. Fines shall include the orioinal ticketed amount as well as any
enhanced penalties. In addition. a person who commits three or four
parkina violations in any calendar year shall pay an additional fine of $25.
and a person who commits five or more parkina violations in any calendar
year shall pay an additional fine of $50 for each parkino violation they
receive in that year.
Multiple Violation Penalties*
3 violations
4 violations
5 or more violations
25.00
25.00
50.00 for each violation
*This table does not include the base fines. enhanced penalties.
surcharoes. or other fees authorized under this chapter.
B. Immobilizer (boot) Installation and lor Towina.
(1) When a driver. reaistered owner. or person in charae of a motor
vehicle has either (1) five or more outstandina unpaid City of
Ashland parkino violations on any number of motor vehicles. or (2)
a City of Ashland parkina violation. or any number of such
violations. with a total unpaid balance that exceeds $250.
reaardless of the number of motor vehicles involved. then any
police or parkina enforcement officer. or contracted parkina
enforcement provider of the City is authorized. directed and
empowered to immobilize such a motor vehicle or vehicles found
upon a public street or city off-street parkino lot bv installina on or
attachino to the motor vehicle a device desianed to restrict the
normal movement of the vehicle. In the alternative. or in addition to
immobilization. after 24 hours has elapsed. any police or parkina
enforcement officer or contracted parkina enforcement provider of
the City is authorized. directed and empowered to order such
vehicle towed. by a licensed tow company under contract with the
City or the City's contracted parkinCl enforcement service provider.
as applicable.
(2) For purposes of this section. bail or fine shall be outstandina on a
citation when the citation is issued and shall remain outstandina
until the bail is posted or the fine is paid.
(3) Ten days before immobilizina or towino a vehicle accordinCl to the
provisions of this section. the City. or the City's contracted parkinCl
enforcement service provider shall place a notice on the vehicle or
mail a notice by certified mail. return receipt reauested. to the
reaistered owner of such vehicle as shown by the records of the
Oreaon Motor Vehicles Division notifvina the owner that the motor
vehicle or vehicles may be immobilized andlor towed ten days after
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the date of mailino the notice herein for failure to pay outstandina
parkinCl bail or fines.
(4) If the vehicle is so immobilized. the person who installs or attaches
the device shall conspicuously affix to the vehicle a written notice
on a form approved by the city. advisina the owner. driver. or
person in charCle of the vehicle that it has been immobilized
pursuant to this section and that release of the vehicle may be
obtained upon full payment of the outstandino balance owed to the
contracted parkino enforcement service provider. The notice shall
also specify that the vehicle is subiect to tow. .
(5) In the event the vehicle is towed. the person who orders the tow.
shall send by certified mail. return receipt reauested. a notice
advisino the reoistered owner of the vehicle that it has been towed
pursuant to this section and that release of the vehicle may be
obtained upon receipt by the towino company of full payment of
the outstandina balance owed.
(6) A vehicle towed and impounded pursuant to this section shall be
held at the expense of the owner or person entitled to possession
of the vehicle. Personnel. eauipment and facilities of private tow
companies under contract with the City or the contracted parkina
enforcement service provider may be used for the removal and
storaae of the vehicle.
C. Warnino Letter. Show Cause. and Warrants.
(1) Warnino Letter. The Ashland Municipal Court may choose to send
a warnino letter by first class mail informino the defendant they
have outstandino parkina tickets and that their attendance is
necessary at a preliminary hearino before issuina a show cause
order and warrant.
(2) Show Cause. The Ashland Municipal Court may issue an order that
reauires the defendant to appear and show cause why the
defendant should not be held in contempt of court. includino
contempt for failure to appear as ordered or failure to comply. The
show cause order shall be mailed to the defendant by certified mail.
return receipt reauested. no less than ten days prior to the
appearance date: alternatively service may be made by any other
recoClnized method. such as personal service accordinCl to the
same timeframe..
(3) Warrant. If the defendant is served and fails to appear at the time
specified in the show cause order. the court may issue an arrest
warrant for the defendant for the purpose of brinoina the defendant
before the court.
SECTION 9. Section 11.28.060 [City Parking Lot] is hereby amended to read as follows:
11.28.060 City Parking Lot
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Parking in the parking lot owned by the City immediately adjacent to the public
library, which is on the southwest corner of Gresham Street and East Main Street, is
limited to two hours except that employees of the public library may park for a
longer period of time iR the spaces preseRtly desigRated as employee parkiRg
spaces.
SECTION 10. Section 11.28.120 [Parking Fine Surcharge] is hereby added to read as
follows:
11.28.120 ParkinCl Fine Surcharae
There shall be a surcharoe of four-dollars ($4.00) on all parkino citations
issued within the City of Ashland. All revenues received shall be seoreaated
and used only for meetina debt service on bonds issued for parkino
improvements. leases. andlor future parkina improvements and studies.
. SECTION 11. Section 11.24.070 [Moving Vehicle] is hereby amended to read as follows:
11.24.070 Moving vehicle to avoid parkina time limits.
The moviRg of a vehicle ...:ithiR a block shall Rot be deemed to exteRd the
permissible time for parkiRg it there.
No person shall move and re-park a vehicle within the same block. as defined
in AMC 11.08.080. in order to avoid a parkina time limit reoulation. The time
period shall continue if the vehicle is moved to another parkino space within
the same block. except that the time period shall be terminated if such vehicle
is moved to a block that does not have a specified time period for parkina.
SECTION 12. 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 13. Savinos. 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 ordinance(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 14. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code" I "article" I "section" I "chapter" or
another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 12-14)
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 title only in accordance with Article X,
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Section 2(C) of the City Charter on the If, day of ~ 2008,
and dul ASSED and ADOPTED this --7- day of , 2008.
/4~
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this ? day Of~08.
Reviewed as to form:
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