HomeMy WebLinkAboutOrd 1999-33 a
ORDINANCE 99-33
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN
CODE, CHAPTER 12, ARTICLE 12-3, PARKING; BY AMENDING
SECTION 12-3-8, PARKING OF COMMERCIAL VEHICLES, TO
PROHIBIT PARKING OF COMMERCIAL VEHICLES ON ANY STREET
OR LOT WITHIN THE TOWN BETWEEN THE HOURS OF 9:00 P.M. AND
6:00 A.M., WITH CERTAIN SPECIFIED EXCEPTIONS, AND
ESTABLISHING A PERMIT PROCESS AND PERMIT CRITERIA FOR
OVERNIGHT PARKING OF COMMERCIAL VEHICLES ON PUBLIC
STREETS IN INDUSTRIAL ZONED AREAS; RENUMBERING AND
AMENDING SECTION 12-3-10, PENALTIES, TO PROVIDE THAT EACH
DAY THAT A VIOLATION OF ANY PROVISION OF ARTICLE 12-3
CONTINUES SHALL CONSTITUTE A SEPARATE OFFICE; CREATING A
NEW SECTION 12-3-10,PROHIBITING THE PARKING OF ANY VEHICLE
ON OR ALONG ANY STREET OR PUBLIC RIGHT-OF-WAY WITHIN THE
TOWN FOR THE PURPOSE OF SALE OR ADVERTISEMENT FOR SALE
OF SUCH VEHICLE; CREATING A NEW SECTION 12-3-11,
ESTABLISHING THE PROCEDURE FOR COMMENCEMENT OF
PROCEEDINGS AND SERVICE OF CITATIONS FOR VIOLATION OF
ANY PROVISION OF ARTICLE 12-3.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AS FOLLOWS:
Section 1. That the Town Code, Chapter 12, Traffic, Article 12-3, Parking (Contents), is hereby
amended to read as follows:
12-3 Parking
12-3-1 Method of Parking
12-3-2 Blocking Traffic
12-3-3 Parking Adjacent to Schools
12-3-4 Authority to Erect Signs Restricting Parking
12-3-5 Parking Vehicles on Sidewalks
12-3-6 Restricted Parking Areas for the Physically Disabled
12-3-7 Stopping, Standing or Parking Prohibited in Specified Fire Lanes
12-3-8 Parking of Commercial Vehicles
12-3-9 Trailer, Construction Equipment or Recreational vehicle Parking
12-3-10 Stopping, Standing or Parking Vehicles on Streets or right-of-way for the
Purpose of Sale.
12-3-11 Commencement of Proceedings for Violations
12-3-12 Penalties
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Section 2. That the Town Code, Chapter 12,Traffic, Article 12-3, Parking, Section 12-3-8,
Parking of Commercial Vehicles, is hereby amended to read as follows:
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12-3-8 Parking of Commercial Vehicles
No person shall stand or park a vehicle with a rated chassis in excess of 5,000 pounds, gross
vehicle weight or a tractor, semi-trailer or bus on any street or lot within the town between
the hours of 9:00 p.m. and 6:00 a.m., with the following exceptions:
A. During the process of loading or unloading of such vehicles providing delivery or
services; or
B. During the unloading of personal baggage or temporary stop not to exceed two
hours; or
C. A vehicle subject to this section may be parked between the hours of 9:00 p.m. and
6:00 a.m. on privately owned parking lots located within industrial zoned districts of
the Town if the property owner has given prior written consent for such parking to
the owner or operator of such vehicle;
D. During such time as validly issued overnight emergency response vehicle parking
permit is in effect;
1. The town marshal shall issue an overnight emergency response vehicle
thige parking permit for one emergency response vehicle upon application.
2. An emergency response vehicle parking permit shall be valid for a period of
one year from the date of issuance.
3. For the purposes of this section, "emergency response vehicle" means a
vehicle designated by the applicant as "on call" which must be available to
respond to nighttime emergencies. "Emergency response vehicle" includes,
but is not limited to: tow trucks, ambulances and service vehicles.
4. The applicant shall identify, by physical description and license plate
number, any vehicle which may be designated as an "emergency vehicle"
provided, however, that no more than one such vehicle may be parked
overnight upon the public rights-of-way pursuant to a permit issued
hereunder.
5. Any permit issued pursuant to this section shall be displayed on the driver's
side front windshield or dashboard of the "emergency response vehicle" at all
times while such vehicle is parked within the public right-of-way such that
the permit is clearly visible from the outside of the vehicle.
6. The town marshal may revoke an emergency overnight emergency response
vehicle parking permit issued pursuant to this section for failure to meet any
of the conditions of this section.
Section 3. That the Town Code, Chapter 12, Traffic, Article 12-3, Parking, Section 12-3-10,
Stopping, Standing or Parking Vehicles on Streets or right-of-ways for the Purpose of Sale, is
hereby amended to read as follows:
12-3-10 Stopping, Standing or Parking Vehicles on Streets or right-of-way for
the Purpose of Sale.
No person shall stop, stand or park any vehicle, wholly or partly, on any public street or
right-of-way within the town for the purpose of selling the vehicle.
Section 4. That the Town Code, Chapter 12, Traffic, Article 12-3, Parking, Section 12-2-11,
Commencement of Proceedings for Violations, is hereby created to read as follows:
12-3-11 Commencement of Proceedings for Violations
A. An Action to hear and determine all alleged violation of this article shall be
commenced by issuance of a citation by the town marshal, deputy town marshal or
other peace officer of the State of Arizona.
B. The citation shall be in substantially the form of the Arizona traffic ticket and
complaint provided for in Arizona Rules of Procedure in civil traffic violation cases,
or in such other form as may be provided from time to time by resolution of the
Town Council.
C. Service of any citation for violation of this article may be accomplished, and will
deemed proper and complete, by any of the following methods:
1. By having the defendant sign the citation with a promise to appear in court
ten or more days after issuance of the citation.
2. If the defendant refuses to sign the citation, by hand delivering a copy of the
citation to the defendant.
3. By affixing the citation to any motor vehicle owned by the defendant and the
parking, location or abandonment of which constitute the offense charged in
the citation.
4. In the event service cannot be accomplished as set forth above, the defendant
may be served by any means allowed by the Arizona Rules of Civil
Procedure for the Superior Court.
Section 5. That the Town Code, Chapter 12, Traffic, Article 12-3, Parking, Section 12-3-10,
Penalties is hereby renumbered as Section 12-3-12, and is amended to read as follows:
12-3-12 Penalties
Violations of this Article shall be punishable as set forth in Chapter 1, Article 1-8,
Subsection B, of this code. Each day that a violation continues shall be a separate offense
punishable by imposition of a civil sanction not to exceed three hundred dollars.
PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain
Hills, Arizona this 4th Day of November 1999.
FOR T !. TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk
ED BY: / APPROVED AS TO FORM:
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Paul L. Nordin,Town Manager William E. Farrell, Town Attorney
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