Loading...
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 L 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: L 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: I/wv L Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk ED BY: / APPROVED AS TO FORM: 'o:'! 1 / JX-11/i/ Paul L. Nordin,Town Manager William E. Farrell, Town Attorney L L