CHAPTER 9-01
TRAFFIC CODE
SECTIONS:
9-01-001-0001 TRAFFIC LAWS ADOPTED
9-01-001-0002 SPECIFIC SPEED LIMITS
9-01-001-0003 STOPPING, STANDING AND PARKING RESTRICTIONS
9-01-001-0004 OPERATION OF MOTOR VEHICLES RESTRICTED
9-01-001-0005 ABANDONED, INOPERABLE VEHICLES
9-01-001-0006 PARKING AREAS RESERVED FOR PERSONS WITH PHYSICAL DISABILITIES
9-01-001-0007 OFFICE OF TRAFFIC ENGINEER
9-01-001-0008 MUNICIPAL PARKING LOTS
9-01-001-0009 DAMAGE TO SIDEWALKS
9-01-001-0010 UNNECESSARY VEHICLE NOISE
9-01-001-0011 RESTRICTION OF TRUCKS AND HEAVY VEHICULAR TRAFFIC
9-01-001-0012 UNARMED POLICE AIDES AND TRAFFIC INVESTIGATORS
9-01-001-0013 USE OF WIRELESS COMMUNICATION DEVICES WHILE VEHICLE OR BICYCLE IS IN MOTION PROHIBITED; EXCEPTIONS
9-01-001-0014 OFFICE OF PARKING MANAGER CREATED
9-01-001-0015 COMPREHENSIVE PARKING MANAGEMENT PROGRAM SPECIAL REVENUE FUND CREATED
9-01-001-0001 TRAFFIC LAWS ADOPTED
A. The Uniform Act Regulating Traffic on Highways, as set out in the Arizona Revised Statutes, in particular sections 28.601 et seq., are hereby adopted as the traffic rules and regulations for the City and are hereby incorporated by reference thereto. Said laws shall be kept on file in the office of the City Clerk at all times for public inspection.
B. Definitions: Whenever any words and phrases used in this chapter are not defined herein but are defined in the State laws regulating the operation of vehicles, the definitions therein shall be deemed to apply to such words and phrases used herein.
In this chapter, unless the context otherwise requires:
1. "Alley" and "alleyways" mean lanes or passageways for use as a means of access to the rear of lots or buildings. Alleys and alleyways are not in any way to be considered thoroughfares.
2. "Comprehensive Parking Management Program" means the plan adopted by Resolution 2016-01, and all attachments thereto, by the City Council to manage the high parking demand areas only of the Downtown Area, Southside Area, and those surrounding areas impacted by the demand in Downtown and Southside Areas.
3. "Loading zone" means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
4. "Public parking" means parking spaces within the right-of-way and parking spaces within parking lots owned, leased, or otherwise under the control of the City outside of the right-of-way but not associated with a particular facility such as a building, park, or trail head.
5. "Parking meters" means any pay-to-park equipment leased or owned by the City, including but not limited to mechanical devices, kiosks, or other multi-space metering equipment, which may or may not be adjacent to the parking space, that accepts payment for the use of parking spaces.
6. "Parking permit" means any valid permit issued to an employee, resident, guest, or otherwise as authorized by the City of Flagstaff. In the event that said permit is a digital registry of the license plates of vehicles permitted to park in parking-permit-required areas the license plate itself is the parking permit for the purposes of this chapter.
7. "Parking-permit-required areas" means any areas that are designated or marked by signs indicating the areas are subject to parking restrictions.
8. "Pay-to-park areas" means any areas where a time period must be purchased at a parking meter by a person for a vehicle to remain within a parking space.
C. The Manual of Uniform Traffic Control Devices, as amended and adopted by the Arizona Highway Commission, in conformance with Title 28, chapter 6, article 3, of the Arizona Revised Statutes, 1971, together with all subsequent official rulings on requests for interpretations, changes and experimentation, is hereby adopted as the official document governing all aspects of the installation and operation of traffic-control devices on public ways within the City.
D. All violations of this Title shall be adjudicated as civil traffic violation cases as provided in title 28, Arizona Revised Statutes, as amended.
E. Unless otherwise specified, any person found responsible for a civil traffic violation shall be penalized by a civil sanction not to exceed two hundred fifty dollars ($250.00), excluding surcharges and assessments.
F. Any peace officer or duly authorized agent of the City may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of this Title, and to serve a copy of the traffic complaint for any alleged violation of said Title, and make appropriate court appearances in the prosecution of said offense. (Ord. 1512, 5-3-88; Ord. 1995, 05/18/99; Ord. 2012-02, Amended, 03/06/2012; Ord. 2016-05, Amended, 02/02/2016)
9-01-001-0002 SPECIFIC SPEED LIMITS
The speed limits of the City shall be as set forth under section 28.701 of the Arizona Revised Statutes, with the following exceptions:
A. No person shall drive a motor vehicle in excess of fifteen (15) miles per hour on the following streets:
1. Bonito Street between Elm Avenue and Thorpe Road;
2. Kendrick Street between Elm Avenue and Hunt Avenue;
3. Izabel Street between Felice Avenue and Cedar Avenue.
B. Based on an engineering and traffic investigation, the City Council retains the authority to determine a reasonable and safe maximum speed limit at other locations.1 (1978 Code; Ord. 962, 11-18-75)
1A.R.S. Sec. 28-703
9-01-001-0003 STOPPING, STANDING AND PARKING RESTRICTIONS
A. Applicability: The provisions of this chapter prohibiting the standing, stopping or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs or parking meters, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with directions of a police officer or official traffic-control devices.
Any stopping, standing, or parking restrictions provided in this chapter shall not apply to any police officer, peace officer, or parking enforcement agent when such stopping, standing, or parking is for the purpose of actual performance of law enforcement duty.
The provisions of this chapter imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the standing, stopping or parking of vehicles in specified places or at specified times.
B. Persons Liable: Whenever any vehicle shall be parked in violation of any of the provisions of any ordinance prohibiting or restricting parking, the person in whose name such vehicle is registered shall be responsible for such violation and is subject to the penalties therefor.
C. Defense to Liability: Subsection (B) of this section shall not prevent a person from presenting evidence in any prosecution of a parking violation that a vehicle was not illegally parked or that said vehicle was not registered to said person at the time of the offense, or that said vehicle had been stolen at the time of the alleged offense. Proof that a person other than the registered owner was operating the vehicle at the time of the violation shall not constitute a valid defense to the substantive offense.
D. Duty to Document: It is the duty of the Chief of Police and his authorized agents to account for the issuance of all parking violations enumerated in this chapter and to take the following actions:
1. Document the date, time and location of the parking violation.
2. Document the State license number of any vehicle which is in violation of this chapter.
3. Document any other acts, knowledge of which is necessary to a thorough understanding of the violation of this chapter, and to issue a notice of violation in accordance with the provisions of subsection (F) of this section.
E. Violations:
1. Violation of any provision of this chapter which regulates the time, place, or method of parking shall be a violation subject to civil penalty not to exceed the amounts prescribed under subsection (H) of this section. A separate fee schedule for fines in lesser amounts may also be adopted by the City Council by resolution.
2. Separate and Distinct Violations: Violations of this chapter regulating the time, place or method of parking which are continuous in nature shall constitute a separate and distinct violation for each full hour thereof.
3. Parking Prohibited:
a. A person shall not stop, stand or park a vehicle in any of the following places:
(1) On a sidewalk.
(2) In front of a public or private driveway, except that this subsection does not apply to a vehicle or the driver of a vehicle engaged in the official delivery of the United States mail if the driver does not leave the vehicle and the vehicle is stopped only momentarily.
(3) Within an intersection.
(4) Within fifteen (15) feet of a fire hydrant.
(5) On a crosswalk.
(6) Within twenty (20) feet of a crosswalk at an intersection.
(7) Within thirty (30) feet of the approach to any flashing beacon, stop sign, yield sign or traffic control signal located at the side of a roadway.
(8) At any place where official signs prohibit standing or stopping.
b. A person who stops or parks a vehicle on a roadway where there are adjacent curbs shall stop or park the vehicle with its right-hand curb side wheels parallel to and within eighteen (18) inches of the right-hand curb, or within eighteen (18) inches of the left-hand or right-hand curb if the roadway is a one (1) way roadway.
c. A person who stops or parks a vehicle on a roadway shall not park in a diagonal manner but must park parallel to the roadway and no part of the vehicle may be in the roadway.
4. Limited Time Parking Areas: It is unlawful to park any vehicle in violation of any restriction so signed or marked.
5. Pay-to-Park Areas:
a. Operational Procedure to Be Followed: Immediately after parking a vehicle within a pay-to-park parking space, the person in the vehicle shall purchase a time period for the vehicle to remain within said parking space. To purchase a time period a person must deposit an acceptable form of payment in the nearest parking meter as indicated on the parking meter and follow operational procedures in accordance with the instructions posted on the parking meter. The vehicle may remain within said parking space only for the time period(s) purchased. Failure to deposit payment or follow the operational procedures shall constitute a violation of this chapter.
(1) For the first violation, or a violation more than one (1) year following a previous violation, a fine will be imposed pursuant to the table set forth in subsection (H)(3) of this section.
(2) For a violation within one (1) year from a violation described in subsection (E)(5)(a)(1) of this section a fine will be imposed pursuant to the table set forth in subsection (H)(3) of this section.
(3) For a violation within one (1) year from a violation described in subsection (E)(5)(a)(2) of this section a fine will be imposed pursuant to the table set forth in subsection (H)(3) of this section.
(4) For a violation within a year from a violation described in subsection (E)(5)(a)(3) of this section, or any subsequent violations of this subsection, a fine will be imposed pursuant to the table set forth in subsection (H)(3) of this section.
b. Overtime Parking Violations: It is unlawful for any person to cause, allow, permit or suffer any vehicle registered in the name of, or operated by, such person to remain parked within any pay-to-park parking space beyond the time for which payment has been made. Any person who causes a vehicle to remain within a pay-to-park parking space overtime, or for more time than purchased, shall be in violation of this chapter and subject to the penalties as follows:
(1) For the first violation, or a violation more than one (1) year following a previous violation, a fine will be imposed pursuant to the table set forth in subsection (H)(3) of this section.
(2) For a violation within one (1) year from a violation described in subsection (E)(5)(b)(1) of this section, a fine will be imposed pursuant to the table set forth in subsection (H)(3) of this section.
(3) For a violation within one (1) year from a violation described in subsection (E)(5)(b)(2) of this section, a fine will be imposed pursuant to the table set forth in subsection (H)(3) of this section.
(4) For a violation within a year from a violation described in subsection (E)(5)(b)(3) of this section, or any subsequent violations of this subsection, a fine will be imposed pursuant to the table set forth in subsection (H)(3) of this section.
c. Other Parking Meter Violations: The following shall constitute violations relating to parking meters, and are subject to the penalties set forth in the table in subsection (H)(3) of this section:
(1) To deface, damage, tamper with, open or willfully break, destroy or attempt in any manner to impair the function of any parking meter.
(2) To deposit or cause to be deposited in any parking meter any slugs, devices, or other substitutes for lawful payment as indicated on the parking meter.
(3) To make use of or operate any parking meter for the purpose of advertising or solicitation of business, either directly or indirectly.
(4) To permit, cause, or allow a bicycle, news rack, animal, or any other thing to be attached to or to be leaned against a parking meter.
(5) To permit, cause or allow any sign, symbol, sticker, graffiti or similar writings, photos or artwork to be written, etched, attached, hung or posted in any manner on a parking meter without the express written consent of the City.
6. Parking-Permit-Required Areas:
a. It is unlawful to park any vehicle in violation of any parking restriction as indicated and marked with signage.
(1) For the first violation, or a violation more than one (1) year following a previous violation, a fine will be imposed pursuant to the table set forth in subsection (H)(3) of this section.
(2) For a violation within one (1) year from a violation described in subsection (E)(6)(a)(1) of this section a fine will be imposed pursuant to the table set forth in subsection (H)(3) of this section.
(3) For a violation within one (1) year from a violation described in subsection (E)(6)(a)(2) of this section a fine will be imposed pursuant to the table set forth in subsection (H)(3) of this section.
(4) For a violation within a year from a violation described in subsection (E)(6)(a)(3) of this section or any subsequent violations of this subsection a fine will be imposed pursuant to the table set forth in subsection (H)(3) of this section.
b. Other Parking Permit Violations: The following shall constitute violations relating to permit parking and are subject to the penalties set forth in the table in subsection (H)(3) of this section:
(1) To falsely represent oneself as eligible for a parking permit or to furnish false information in an application for a parking permit.
(2) To assign or transfer a parking permit, with or without consideration, monetary or otherwise.
(3) To copy, produce, or create a facsimile of or counterfeit of a parking permit, or to display a facsimile or counterfeit parking permit for purposes of parking in parking-permit-required areas.
(4) To use, or to allow the use of, a parking permit for a vehicle other than the specific vehicle for which the permit was issued.
7. Seasonal Parking Restriction: No person shall park, or permit to be parked, on any street between midnight and 7:00 a.m., from November 1st to April 1st, any vehicle owned or controlled by that person.
a. Exceptions:
(1) The seasonal parking restriction does not apply to the following areas:
(a) The north side of the westerly one thousand (1,000) feet of Coconino Avenue.
(b) Both sides of Pine Cliff Drive for a distance of nine hundred (900) feet south of the south curb line of Ponderosa Parkway.
(c) Both sides of Locust Street (formerly Cottonwood Street) for a distance of three hundred fifty (350) feet south of the south curb line of Ponderosa Parkway.
(d) All public streets in the Aspen Place at the Sawmill development.
(e) Streets in those areas of the City that have been zoned to the Traditional Neighborhood District zoning designation.
(2) The seasonal parking restriction shall be from 3:00 a.m. until 7:00 a.m. for the following areas:
(a) Both sides of Leroux Street from Benton Avenue to Phoenix Avenue, and from Route 66 to Cherry Avenue.
(b) Both sides of Benton Avenue, Cottage Avenue, and Phoenix Avenue from Leroux Street to Agassiz Street.
(c) Both sides of Aspen Avenue from Beaver Street to Agassiz Street.
(d) Both sides of Birch Avenue and Cherry Avenue from Beaver Street to San Francisco Street.
(e) The north side of Route 66 from Beaver Street to Agassiz Street.
(f) Both sides of Agassiz Street from Route 66 to Birch Avenue.
8. Reparking Prohibited: If a vehicle has been parked in an area on any street where parking is limited or restricted to a specified maximum period of time by official signs posted at that location, it is prohibited and a violation of this section to repark said vehicle within three hundred (300) feet of the location where it was first parked within the following four (4) hour period.
9. Parking within Lines or Markings: It is unlawful to park any vehicle across lines or markings painted upon the curb or street to designate a parking space or to park a vehicle in such a position that it shall not be entirely within the space designated by such lines or markings.
10. Large Vehicle Parking Prohibited: It is unlawful for anyone to park a vehicle, trailer or semi-trailer or more than fourteen thousand (14,000) pounds gross vehicle weight on that side of any public street which is on the boundary of or is within a land use zoning district of RR, RS, R1, RMM, RML, MH or PLO as designated on the current official zoning map except for the purpose of loading or unloading said vehicle or equipment.
F. Notice of Violation:
1. In an action involving unlawful parking, a copy of the notice need not be personally served upon the owner or operator of the vehicle but may be served by conspicuously attaching a copy to the vehicle.
2. The notice shall include the date, time and location of the violation, the State license number of the vehicle unlawfully parked, reference to the City ordinance or code provision violated, the sanction for the violation, and notice that within fifteen (15) calendar days from the day on which the notice was issued the sanction for the violation must be paid and received by the City of Flagstaff office designated by the City Manager or a written request for a hearing to contest the alleged violation must be made and received by the City of Flagstaff office designated by the City Manager.
G. Response to Notice of Violation, Review and Hearing:
1. Within fifteen (15) calendar days from the day on which the notice was issued, the person or persons liable for the parking violation shall respond to the notice by:
a. Paying the civil sanction prescribed for the violation to the City of Flagstaff office designated by the City Manager; or
b. Submitting a written request for a hearing to contest the alleged parking violation to the City of Flagstaff office designated by the City Manager. That designated office will then forward the violation to the Flagstaff Municipal Court for a hearing.
In the event the fifteenth day from the day on which the notice was issued falls on a Saturday, Sunday or legal holiday, then the person or persons liable for the parking violation shall respond by the next regular business day following the fifteenth day.
2. A civil traffic hearing for a parking violation may be heard by a civil traffic hearing officer at the Flagstaff Municipal Court pursuant to applicable State statutes and the Arizona Supreme Court Rules of Procedure in Civil Traffic Violation Cases. The hearing officer may make such orders as may be necessary and proper to dispose of such cases. Any fines imposed by the hearing officer shall not be less than a base fine of ten dollars ($10.00) excluding State surcharges and fees. Fines imposed after a civil traffic hearing shall be paid to the Flagstaff Municipal Court. The Flagstaff Municipal Court shall transmit the portion of the fee due to the City of Flagstaff to the City Treasurer who shall account for the same per the City budget.
H. Penalties and Enforcement:
1. Minimum Fine: If payment of the fine is received or notice to contest is filed within fifteen (15) days of issuance of the notice of violation, the sanction for a violation of this chapter upon payment of the sanction or upon conviction shall be not less than ten dollars ($10.00) plus State surcharges and assessments.
2. Maximum Fine: Every person held responsible for a violation of any provision of this section shall be penalized by a civil sanction not to exceed two hundred fifty dollars ($250.00), excluding surcharges and assessments.
3. Fines assessed for specific violations of this chapter are detailed in the table of fines set forth below and include surcharges and fees required to be assessed by State law.
|
Parking Violation Code Section |
Parking Violation Code Title |
Total Fine Paid on Time |
Total Fine Paid Late |
|---|---|---|---|
|
9-01-001-0003(E)(3)(a)(1) |
Parked on Sidewalk |
$97.00 |
$147.00 |
|
9-01-001-0003(E)(3)(a)(2) |
Parked Blocking Driveway |
$97.00 |
$147.00 |
|
9-01-001-0003(E)(3)(a)(3) |
Parked in Intersection |
$97.00 |
$147.00 |
|
9-01-001-0003(E)(3)(a)(4) |
Parked within 15 Feet of Fire Hydrant |
$97.00 |
$147.00 |
|
9-01-001-0003(E)(3)(a)(5) |
Parked in Crosswalk |
$97.00 |
$147.00 |
|
9-01-001-0003(E)(3)(a)(6) |
Parked within 20 Feet of Crosswalk at Intersection |
$97.00 |
$147.00 |
|
9-01-001-0003(E)(3)(a)(7) |
Parked within 30 Feet of the Approach of a Traffic Control Signal |
$97.00 |
$147.00 |
|
9-01-001-0003(E)(3)(a)(8) |
Parked Where Official Signs Prohibit Parking |
$97.00 |
$147.00 |
|
9-01-001-0003(E)(3)(b) |
Failure to Park within 18 Inches of the Curb |
$97.00 |
$147.00 |
|
9-01-001-0003(E)(3)(c) |
Failure to Park Parallel to Curb or Roadway |
$97.00 |
$147.00 |
|
9-01-001-0003(E)(4) |
Failure to Obey Parking Signs or Marked Restrictions |
$48.00 |
$98.00 |
|
9-01-001-0003(E)(5)(a)(1) |
Failure to Pay Meter – First Violation |
$48.00 |
$98.00 |
|
9-01-001-0003(E)(5)(a)(2) |
Failure to Pay Meter – Second Violation within One Year of First |
$83.00 |
$133.00 |
|
9-01-001-0003(E)(5)(a)(3) |
Failure to Pay Meter – Third Violation within One Year of Second |
$115.00 |
$165.00 |
|
9-01-001-0003(E)(5)(a)(4) |
Failure to Pay Meter – Four or More Violations within One Year of Third |
$150.00 |
$200.00 |
|
9-01-001-0003(E)(5)(b)(1) |
Expired Meter – First Violation |
$48.00 |
$98.00 |
|
9-01-001-0003(E)(5)(b)(2) |
Expired Meter – Second Violation within One Year of First |
$83.00 |
$133.00 |
|
9-01-001-0003(E)(5)(b)(3) |
Expired Meter – Third Violation within One Year of Second |
$115.00 |
$165.00 |
|
9-01-001-0003(E)(5)(b)(4) |
Expired Meter – Four or More Violations within One Year of Third |
$150.00 |
$200.00 |
|
9-01-001-0003(E)(5)(c) |
Parking Meter Abuse |
$58.00 |
$108.00 |
|
9-01-001-0003(E)(6)(a)(1) |
Parked without Parking Permit – First Violation |
$48.00* |
$98.00 |
|
9-01-001-0003(E)(6)(a)(2) |
Parked without Parking Permit – Second Violation within One Year of First |
$83.00 |
$133.00 |
|
9-01-001-0003(E)(6)(a)(3) |
Parked without Parking Permit – Third Violation within One Year of Second |
$115.00 |
$165.00 |
|
9-01-001-0003(E)(6)(a)(4) |
Parked without Parking Permit – Four or More Violations within a Year of Third |
$150.00 |
$200.00 |
|
9-01-001-0003(E)(6)(b) |
Parking Permit Abuse |
$58.00 |
$108.00 |
|
9-01-001-0003(E)(7) |
Parked during Seasonal Restriction |
$48.00 |
$98.00 |
|
9-01-001-0003(E)(8) |
Reparking Prohibited |
$48.00 |
$98.00 |
|
9-01-001-0003(E)(9) |
Failure to Park within Lines or Markings |
$48.00 |
$98.00 |
|
9-01-001-0003(E)(10) |
Large Vehicle Parking Prohibited |
$48.00 |
$98.00 |
|
Disabled Parking Violations |
$265.00 |
$315.00 |
* Code reviser’s note: The amount shown in Ordinance 2018-38 has been corrected at the direction of the city to show the intended amount.
4. Default Judgment and Penalty Assessment: If the person or persons liable for a parking violation fail to respond by one (1) of the methods prescribed in subsection (G)(1) of this section within fifteen (15) days of the issuance of the notice, a default judgment shall be entered against the registered owner of the vehicle and the sanction for the violation shall automatically increase pursuant to the table outlined in subsection (H)(3) of this section.
5. Disposition of Fines: Funds collected from fines on parking violations shall be turned over to the City Treasurer who shall account for the same per the City budget.
I. Immobilizing and Impounding of Vehicles:
1. The Police Department or the Office of Parking Manager may remove and impound any unoccupied vehicle of any kind or description found violating any of the provisions of this chapter, or of any of the ordinances of the City of Flagstaff or the laws of the State of Arizona regulating the standing or parking of vehicles.
2. The Police Department or the Office of Parking Manager may immobilize by placement of a restraint in such a manner as to prevent a vehicle’s operation, and may remove and impound any eligible vehicle upon a street, highway, public right-of-way, or city-owned or leased parking lot. A vehicle shall be eligible for immobilization and/or impoundment as provided herein any time after inclusion of its registered owner on an immobilization and impoundment list. The Office of Parking Manager shall include a registered owner on the immobilization and impoundment list only if:
a. The registered owner has accumulated in the Flagstaff Municipal Court three (3) or more parking violation complaints on which the court has entered judgment for the State, whether by default or after an admission or finding of responsibility, and on which full payment has not been made; and
b. Notice of impending vehicle immobilization and impoundment has been personally served or sent to the registered owner via certified mail, return receipt requested. Notice via certified mail shall be sent to the address of the registered owner provided to the Arizona Motor Vehicle Division or at the last known address of the registered owner as indicated in the Flagstaff Municipal Court’s records. The notice shall state the name and address of the registered owner, the license plate number of the vehicle, the nature of the ordinances violated, the violation dates, the numbers of the complaints, and the amount of the unpaid sanctions and surcharges. The notice shall advise that the registered owner may prevent his/her inclusion on the immobilization and impoundment list by paying, within fifteen (15) calendar days of the date of receiving said notice, all sanctions and surcharges, and shall also advise that a person may challenge the validity of the notice of impending vehicle immobilization and impoundment by requesting a hearing in the Flagstaff Municipal Court, appearing and submitting evidence which would conclusively disprove liability for immobilization and impoundment, such as the sanctions for the violations cited in the notice were paid, or the registered owner has not accumulated three or more unpaid parking violation complaints on which the Flagstaff Municipal Court has entered judgment for the State. A hearing provided by this subsection shall not determine the validity of or set aside any judgment entered on a parking complaint issued to the registered owner. The hearing shall be conducted informally before a judge or hearing officer and the technical rules of evidence shall not apply; provided, that the decision of the Flagstaff Municipal Court shall in all cases be based upon substantial and reliable evidence.
3. A registered owner shall be removed from the immobilization and impoundment list by:
a. Satisfying all of the judgments entered on the three (3) or more parking violation complaints that caused the registered owner to be included on the list and paying, if applicable, all immobilization, towing and storage fees;
b. The Flagstaff Municipal Court upon a finding that the registered owner was not properly included on the immobilization and impoundment list.
4. Upon immobilization of an eligible vehicle, a notice shall be affixed to the vehicle in a conspicuous place. The notice shall warn that the vehicle is immobilized and that any attempt to move the vehicle may result in its damage. The notice shall state that the unauthorized removal of or damage to the immobilizing restraint is a criminal violation. The notice shall also state that unless arrangements are made for release of the vehicle within twenty-four (24) hours of immobilization, the vehicle may be towed and impounded. The notice shall also specify how release of the immobilizing restraint may be had.
5. The Police Department or the Office of Parking Manager may remove and impound any vehicle upon which an immobilizing restraint has been placed if no arrangements have been made for the release of the vehicle within twenty-four (24) hours of immobilization.
6. It is unlawful for any person, without proper authority, to remove or attempt to remove, or for any person to damage, tamper with or deface an immobilizing restraint device that has been attached to a vehicle pursuant to this section, or to relocate or tow any vehicle so restrained.
7. If any unoccupied vehicle is in violation of any of the provisions of this code, or of any of the ordinances of the City of Flagstaff or the laws of the State of Arizona regulating the standing or parking of vehicles, or if the registered owner of any vehicle is included on an immobilization and impoundment list, then such vehicle shall be deemed to constitute a nuisance and the registered owner of the vehicle consents to immobilization and impoundment as provided herein.
J. Immobilized and Impounded Vehicles--Release:
1. Prior to a hearing on the validity of an immobilization or impoundment authorized by subsection (I)(2) of this section, the registered owner of the immobilized or impounded vehicle or other person entitled to possession of the vehicle shall be permitted to secure release of the vehicle by furnishing evidence of his or her identity and ownership or right to possession and:
a. Paying the immobilization and, if applicable, towing and storage fees and paying all the sanctions, surcharges and fees on the parking violation complaints for which notice had been sent and hearing has been held or waived as provided by subsection (I)(2)(b) of this section;
b. Posting a bond, or any other undertaking approved by the Chief Presiding Judge of the Flagstaff Municipal Court, in an amount equal to the immobilization and, if applicable, towing and storage fees, and all the sanctions, surcharges and fees on the parking violation complaints for which notice had been sent and a hearing has been held or waived as provided by subsection (I)(2)(b) of this section.
2. Within five (5) business days after a vehicle has been impounded, notice of impoundment shall be sent by certified mail, return receipt requested, to the registered owner of the vehicle at the address of the registered owner provided to the Arizona Department of Motor Vehicles or at the last known address of the registered owner as indicated in the Flagstaff Municipal Court’s records. The notice shall state that the registered owner has the right to a post-immobilization and/or post-impoundment hearing as provided in subsection (J)(3) or (J)(6)(c) of this section.
3. The registered owner of a vehicle immobilized or impounded under subsection (I)(2) of this section shall have the right to a hearing to determine whether there was a sufficient factual and legal basis for the immobilization or impoundment or whether the owner was properly included on an immobilization and impoundment list, if the owner files a written request for a hearing with the Flagstaff Municipal Court within fourteen (14) calendar days after issuance of the notice specified in subsection (J)(2) of this section or within fourteen (14) calendar days of the immobilization or impoundment, whichever is later. A hearing shall be conducted within forty-eight (48) hours, excluding weekends and holidays, of receipt of a written request for hearing, unless otherwise waived by the registered owner. Failure to request or attend a scheduled hearing shall be deemed a waiver of the right to a hearing. In event of such failure, any bond or other undertaking deposited pursuant to subsection (J)(1)(b) of this section shall be forfeited. If the court determines that there were insufficient grounds for the immobilization or impoundment, the bond or other undertaking shall be exonerated. A hearing provided by this section shall not determine the validity of or set aside any judgment entered on a parking complaint issued to the registered owner. The hearing shall be conducted informally before a judge or hearing officer and the technical Rules of Evidence shall not apply; provided, that the decision of the Flagstaff Municipal Court shall in all cases be based upon substantial and reliable evidence.
4. A lienholder asserting its right to possession of an immobilized or impounded vehicle pursuant to its conditional sales agreement may obtain immediate release of such vehicle by paying the immobilization and, if applicable, towing and storage fees and submitting a photocopy of the conditional sales agreement and title certificate, an affidavit stating that the purchaser is in default of the agreement and an indemnification certificate executed by an authorized agent of the lienholder. The requirements of subsection (J)(1) of this section shall not apply to a lienholder asserting its right to possession of an immobilized or impounded vehicle as provided herein.
5. The immobilization fee shall be forty dollars ($40.00). The towing and storage fees shall be those fees set forth in the applicable current tow service contract between the City and the tow contractor providing the tow service. No fees shall be assessed for any immobilization or impoundment which has been determined to be without a sufficient factual or legal basis. The City shall be responsible to the tow contractor for any towing and storage fees incurred as a result of an impoundment determined to be without a sufficient factual or legal basis.
6. The registered owner or other person entitled to possession of a vehicle removed and impounded pursuant to subsection (I)(1) of this section may:
a. Recover possession of the vehicle by paying to the tow contractor having custody of the vehicle the towing and any storage fees that may have accrued.
b. Recover possession of the vehicle by posting a bond, or any other undertaking approved by the Chief Presiding Judge of the Flagstaff Municipal Court, in the amount of the towing and storage fees that have accrued to the tow contractor. Within thirty (30) days of the posting of the bond, a hearing before a magistrate or hearing officer shall be conducted in the Flagstaff Municipal Court to determine the propriety of the tow. If the court determines that there were sufficient factual and legal grounds for the tow, the bond or other undertaking shall be forfeited as payment thereof; if the court determines that there were insufficient grounds for the tow, the bond or other undertaking shall be exonerated.
c. Demand on a form provided by the Flagstaff Municipal Court a hearing as to whether there was a sufficient factual and legal basis for removing and impounding the vehicle. The hearing may take place before a judge or a hearing officer. To be entitled to a hearing, a written demand must be filed with the Flagstaff Municipal Court within either five (5) days after Petitioner learned that the vehicle was impounded or missing, or within fourteen (14) days after the City sent notice of impoundment, whichever occurs first. The hearing must be held within forty-eight (48) hours after the filing of the written demand. A determination that there was an insufficient factual or legal basis for impounding the vehicle will require the tow contractor to release the vehicle without the payment of the towing and storage fees. In that event, the City shall be responsible for payment of the towing and storage fees. A hearing may be demanded by filing the appropriate form with the Flagstaff Municipal Court during regular business hours. The payment of towing and storage fees shall not release the owner or driver of such vehicle of any other penalty imposed for the violation of this code or the laws of the State of Arizona regulating the standing or parking of vehicles.
K. Impounded Vehicles--Record: The Police Department or the Office of Parking Manager shall maintain a record of all vehicles impounded. Such records shall show the location from which the vehicle was removed, the date and time of removal, the name of the individual authorizing the removal, the reason for such removal and impounding, and the location at which the vehicle is presently stored. (Ord. 1185, Amended, 11-17-81; Ord. 1265, Amended, 03/15/83; Ord. 1995, Amended, 05/18/99; Ord. 2005-26, Amended, 11/01/2005; Ord. 2007-42, Amended, 11/20/2007; Ord. 2012-02, Amended, 03/06/2012; Ord. 2016-05, Amended, 02/02/2016; Ord. 2017-01, Amended, 02/07/2017; Ord. 2018-38, Amended, 11/20/2018)
9-01-001-0004 OPERATION OF MOTOR VEHICLES RESTRICTED
A. No person shall operate a motor vehicle on any publicly owned property, park or public easement other than on an established roadway.
B. No person shall operate a motor vehicle on any property reserved for or used for surface water drainage channel purposes.
C. No person shall operate a motor vehicle upon, across or over vacant real property without first obtaining the written consent of the owner thereof. (Ord. 883, 6-12-73)
9-01-001-0005 ABANDONED, INOPERABLE VEHICLES
A. Authorization: The Police Department may take charge, remove and keep in custody, under the direction of the Chief of Police, his officers or designated agents, any unoccupied vehicle of any kind or description violating any of the provisions of this Title or any of the ordinances of the City or the laws of the State of Arizona regulating the standing and parking of vehicles.
B. Impounded Vehicles; Release: The Police Department shall cause return to be made to the owner of an impounded vehicle when the owner has furnished evidence of his identity and ownership, signed a receipt and paid the cost for towing and storage fees set forth by the commercial towing service authorized and designated to carry out such function under the direction of the Police Department. The payment of such removal and storage fees shall not release the owner or driver of such vehicles of any other penalty imposed for a violation of this Title or any of the ordinances of the City or the laws of the State of Arizona.
C. Impounded Vehicles; Record; Towing Service: The Police Department shall maintain a record of all vehicles impounded. Such records shall show the date and the location from which the vehicle was removed, the reason for such removal and impounding, and location of which the vehicle is presently stored. The Police Department shall further provide for adequate towing service to implement the provisions of this Title. The Police Department is authorized to use a commercial towing service for the towing and storage of any impounded vehicles. (Ord. 1154, 4-7-81)
9-01-001-0006 PARKING AREAS RESERVED FOR PERSONS WITH PHYSICAL DISABILITIES
A. Except as otherwise provided in subsection (D.), no person may stop, stand or park a motor vehicle within any specially designated and marked parking space provided for an individual with physical disabilities, including the hash marks painted adjacent to each such space, in accordance with Arizona Revised Statutes § 28-882.C, whether on public or private property, unless the motor vehicle is transporting a person who has been issued a valid placard or international symbol of access special plates and either:
(1) The motor vehicle displays the valid permanently disabled or temporarily disabled removable windshield placard; or
(2) The motor vehicle displays international symbol of access special plates that are currently registered to the vehicle.
B. Parking spaces subject to this section shall be clearly and conspicuously designated as being reserved for individuals with physical disabilities in accordance with Arizona Revised Statutes § 28-882.C.
C. The owner or a person having control of a parking lot or parking area on private property may designate areas reserved for disabled parking by complying with the posting requirements of A.R.S. §28-882.C. The designation of reserved parking in accordance with that Section shall authorize a City of Flagstaff Police Department officer, parking control officer or a volunteer disabled parking enforcement specialist appointed under the provisions of A.R.S. §28-886. to enforce the provisions of this Section upon that parking lot or parking area; and the designation of that reserved parking shall constitute a request to both the Department to enforce the disabled parking provisions and a waiver of any objection by the owner or person having control of the parking lot or parking area to the enforcement of this Section by the Police Department.
D. Any person who is chauffeuring an individual with physical disabilities shall be allowed, without a distinguishing windshield placard or number plate bearing the international symbol of access special plates, to park momentarily in any such parking space for the purpose of loading or unloading an individual with physical disabilities. No complaint shall be issued to the driver for such momentary parking.
E. A violation of this section shall constitute a civil traffic violation and be punishable by the imposition of at least the minimum fine specified in A.R.S. §28-885 plus the penalty assessments prescribed by other statute, upon the operator, person in charge, or owner of a vehicle parked in violation of that section. A second offense that occurs within ninety (90) days of the date of the first offense shall be punishable of a fine equal to two (2) times the minimum fine, plus the penalty assessments prescribed by statute. The ninety (90) day period shall be determined by the date of citation for the respective offenses. (Ord. 1769, Amended, 08/18/1992; Ord. 2008-13, Amended, 04/15/2008)
9-01-001-0007 OFFICE OF TRAFFIC ENGINEER
A. General Powers:
1. Duties: The office of Traffic Engineer is hereby established with the Engineering Division. The duties of the Traffic Engineer shall be to regulate traffic under the provisions of this chapter and the traffic ordinances of the City. It shall be the duty of the Traffic Engineer to establish, change, remove, or prohibit as conditions may require, boulevard stops, rights-of-way at intersections, speed limits, school crossings, pedestrian and bicycle lanes and routes, parking, and parking time limits, safety and loading zone, U-turns, left- and right-hand turns, traffic lanes, public carrier stands, construction traffic control and other necessities of traffic subject to the approval of the City Engineer and City Manager; and to order installation of traffic-control devices to implement such regulations.
2. Limited Scope of Authority: The regulation of parking and parking time limits, safety and loading zones, and public carrier stands shall be the duty of the Traffic Engineer only in those areas of the City that are not under the authority of the Parking Manager as determined by the City Council and under the provisions of this chapter and the ordinances of the City.
B. Requests for Modification of Traffic Regulations: Requests for modifications of traffic regulations shall be made to the office of the Traffic Engineer. The office shall respond to the applicant within ten (10) working days as to the disposition of the request.
C. Appeal Procedure: Traffic regulation decisions of the Traffic Engineer may be appealed by any aggrieved party through either or both of the following steps:
1. Administrative Review: The aggrieved party may appeal a decision of the Traffic Engineer to the City Engineer by requesting an appointment to discuss the matter. This appointment shall be established by the Traffic Engineer at a mutually agreed upon time to occur within ten (10) working days of the request. The City Engineer shall review the Traffic Engineer’s decision and make a determination supporting, overriding or modifying that decision.
2. Appeal to Transportation Commission: Decisions of either the Traffic Engineer or City Engineer in the administrative review outlined in subsection (C)(1) of this section may be appealed to the City Transportation Commission by presentation of a written request for such an appeal to the office of the Traffic Engineer. The appeal shall be placed on the currently open agenda for the next regularly scheduled Transportation Commission meeting. The Commission may hear arguments and decide the matter as set forth in Title 2, Chapter 12, Section 6, subsection (A) of the City Code, 2-12-6(A).
Administrative review or appeal of a regulation shall not stay the enforcement of violation notices issued prior to the date of any change in the regulation.
D. The Traffic Engineer shall report periodically to the Transportation Commission and City Council on the traffic regulation activities of the office. (Ord. 1349, 02/19/1985; Ord. 1512, 05/03/1988; Ord. 2016-05, Amended, 02/02/2016)
9-01-001-0008 MUNICIPAL PARKING LOTS
A. Except for public parking under the authority of the Parking Manager as determined by the City Council and under the provisions of this chapter and the ordinances of the City, municipal parking lots now or hereafter acquired or established by the City shall be under the supervision and regulation of the Traffic Engineer, pursuant to Section 9-01-001-0007. Regulation by the Traffic Engineer of traffic and public parking at Flagstaff Pulliam Airport shall be subject to the approval of the Airport Manager and Public Works Director.
B. The City Traffic Engineer is hereby authorized to post signs regulating the use of municipal parking lots. The signage or regulation may be reviewed by an aggrieved party pursuant to Section 9-01-001-0007(C).
C. It shall be unlawful to park any vehicle in any municipal parking lot in violation of this title, or to park contrary to the signs or regulation established by the City Traffic Engineer pursuant to subsection (B) of this section.
D. The penalty for violating subsection (C) of this section shall be that prescribed in Section 9-01-001-0003(I) or as provided in Section 9-01-001-0006(E), whichever is applicable. (Ord. 1564, 06/07/1988; Ord. 2015-13, Amended, 06/02/2015; Ord. 2016-05, Amended, 02/02/2016)
9-01-001-0009 DAMAGE TO SIDEWALKS
No proprietor of any garage or other service station or any employee thereof or any other person shall service or permit to be serviced any vehicle with gasoline or oil, or make repairs, or perform any other service in connection with any vehicle while the same is standing upon any part of any sidewalk of the City. (Ord. 343, 4-8-46; Ord. 2010-22, 09/07/10)
9-01-001-0010 UNNECESSARY VEHICLE NOISE
A. No person shall intentionally operate any vehicle at such a speed on a curb or turn or accelerate or decelerate such a vehicle in such a manner as to create loud and unnecessary noise through the squealing of tires upon the pavement or to cause damage to the roadway. (Ord 703, 3-28-67)
B. No person shall use engine compression braking while operating a vehicle on a City street except in the case of an emergency. "Engine compression braking" means the action taken by the operator of a diesel truck or bus to reduce speed by activating a device in order to secure compression braking of the engine. (Ord. 2001-24, 10/02/01; Ord. 2010-22, 09/07/10))
(Ord. 2001-24, Amended, 10/02/2001; Ord. 2010-22, 09/07/10))
9-01-001-0011 RESTRICTION OF TRUCKS AND HEAVY VEHICULAR TRAFFIC
A. ESTABLISHMENT:
The Transportation Commission of the City of Flagstaff may designate by means of Traffic Regulations certain public streets upon which it shall be illegal for anyone to operate a truck except as noted below.
B. DEFINITIONS:
Truck - any vehicle whose registration shows a GVW of 26,000 pounds or more.
C. EXCEPTIONS:
1. This restriction shall not apply to anyone operating a truck for deliveries or pickups along a restricted street, provided that the operator shall use the shortest and most direct route to and from the nearest unrestricted street for such a trip and shall not park longer than required to load or unload the truck expeditiously.
2. This restriction shall not apply to anyone operating a truck on a restricted street if the origin or destination of the trip is not accessible from an unrestricted street. In this case, the operator shall use the shortest and most direct route between the origin or destination and the nearest unrestricted street.
3. This restriction shall not apply to the operation of emergency vehicles.
D. RESPONSIBILITY:
Whenever any truck is operated in violation of the provisions of this Ordinance, the person operating the truck at the time of the violation shall be responsible for such violation and is subject to the penalty therefore.
E. PENALTY:
Violation of a posted traffic regulation created under the provisions of this Section shall be punishable by a fine of not more than three hundred dollars ($300.00).
F. POSTING:
The City Engineer shall cause truck restriction signs to be posted as necessary to regulate the entrance of trucks onto restricted streets. (Ord. 1603, 1/17/89; Ord. 2010-22, 09/07/10))
(Ord. No. 1564, Enacted, 06/07/88) (Ord. 2010-22, 09/07/10)
9-01-001-0012 UNARMED POLICE AIDES AND TRAFFIC INVESTIGATORS
A. Unarmed Police Aides:
As authorized by A.R.S. § 28-627(E), the City Manager is authorized to appoint, and when necessary remove, except as he may authorize the Chief of Police to appoint and remove, unarmed police aides who shall be employed by the Police Department and shall be empowered to commence an action or proceeding before a court or judge for any violations of the ordinances of the City of Flagstaff regulating the standing or parking of vehicles. The authority of unarmed police aides is to be strictly limited to the enforcement of ordinances of the City of Flagstaff regulating the standing or parking of vehicles, and in no way shall this Section be construed to grant other powers or benefits to which the peace officers of this State are entitled.
B. Traffic Investigators:
As authorized by A.R.S. § 28-627(E), the City Manager is authorized to appoint, and when necessary remove, except as he may authorize the Chief of Police to appoint and remove, traffic investigators who shall be employed by the Flagstaff Police Department, and who are authorized to investigate traffic accidents within the limits of the City of Flagstaff, and commence an action or proceeding before a court or judge for any violation of a State statute or ordinance of the City of Flagstaff relating to traffic laws, providing such violation is related to a traffic accident which occurred within the limits of the City of Flagstaff. Such traffic investigators shall be unarmed at all times during the course of their duties, be employees of the City of Flagstaff and file written reports as required by A.R.S. § 28-667, but in no way shall this Section be construed to grant other powers or benefits to traffic investigators to which peace officers of this State are entitled.
C. Volunteer Parking Enforcement:
As authorized by A.R.S. § 28-886, the City Manager may authorize the Chief of Police to establish a volunteer parking enforcement program for parking for persons with physical disabilities. The Chief of Police or his or her designated representative is authorized to appoint volunteers to issue citations only to persons who violate A.R.S. § 28-884 or an ordinance regulating parking in parking spaces for persons with physical disabilities.
(Ord. 2012-02, 03/06/2012)
9-01-001-0013 USE OF WIRELESS COMMUNICATION DEVICES WHILE VEHICLE OR BICYCLE IS IN MOTION PROHIBITED; EXCEPTIONS
A. A person shall not operate a motor vehicle or a bicycle on a street, sidewalk or trail while using a handheld wireless communications device to compose manually, send or read a written message for the purpose of non-voice interpersonal communication, including but not limited to texting, emailing and instant messaging, while the motor vehicle or bicycle is in motion.
B. This section does not apply to any of the following persons if the use of the handheld wireless communications device is made as part of their official duties:
1. Law enforcement and public safety personnel.
2. Drivers of authorized emergency vehicles.
C. Enforcement and Penalties.
1. Any peace officer may stop a motor vehicle or bicycle if the officer has reasonable cause to believe a violation of this section is occurring.
2. A violation of this section is a civil traffic violation.
3. A person found to be in violation of this section and not involved in a motor vehicle or bicycle crash is subject to a civil penalty of one hundred dollars ($100.00) plus any other penalty assessment authorized by law.
4. A person found to be in violation of this section and involved in a motor vehicle or bicycle crash is subject to a civil penalty of two hundred fifty dollars ($250.00) plus any other penalty assessments authorized by law.
5. Violations of this section shall be administered pursuant to the procedures for civil traffic violations as set out in A.R.S. 28-1591 through 28-1601. (Ord. 2014-20, Enacted, 07/15/2014)
9-01-001-0014 OFFICE OF PARKING MANAGER CREATED
A. The Office of Parking Manager is hereby established within the Economic Vitality Division, under the authority of the City Manager.
B. General Powers:
1. Duties: The Parking Manager, or his or her designee, shall regulate and manage all public parking as authorized by the City Council through the Comprehensive Parking Management Program adopted by Resolution No. 2016-01 and all attachments thereto, by the City Council and other provisions of this code, including but not limited to establishing, changing, suspending or removing:
a. Administrative guidelines, including permit parking, time-limited parking, or pay-to-park requirements and programs, and other procedures, protocols, or requirements as may be deemed necessary and desirable to implement the Comprehensive Parking Management Program. Current administrative guidelines shall be filed with the City Clerk.
b. Pay-to-park rates, including parking permit fees. Current parking rate schedules shall be filed with the City Clerk.
c. Parking lots or spaces, safety and loading zones, and other parking areas, facilities, markings and signs, or equipment, including parking meters or other pay-to-park equipment.
2. Limited Scope of Authority:
a. The duties of the Parking Manager shall include only those areas of the City with pay-to-park requirements or permit-parking programs. Unless mutually defined otherwise by the Traffic Engineer and the Parking Manager, said area is formally defined by a rectangular boundary that encompasses all areas with pay-to-park requirements or permit-parking programs. Upon recommendation of the Parking Manager, implementation of new or additional pay-to-park requirements or permit-parking programs outside of said area shall be determined by the City Council in its sole discretion.
b. The Comprehensive Parking Management Program adopted by Resolution No. 2016-01, and all attachments thereto, by the City Council which addresses the high parking demand areas only of the Downtown areas, Southside area, and those surrounding areas impacted by the demand in Downtown and Southside areas.
c. Parking management in and around other high parking demand areas in Flagstaff may be added to the duties of the Parking Manager by City Council adoption of a revised Comprehensive Parking Management Program.
C. Appeal Procedure: Decisions of the Parking Manager, not related to enforcement actions, which are appealed by the process identified in Section 9-01-001-0003(G), may be appealed by any aggrieved party through the following process:
1. Administrative Review: The aggrieved party may appeal a decision of the Parking Manager to the City Manager by written request within ten (10) days following the actual date the decision was rendered. The City Manager shall review the Parking Manager’s decision and make a determination supporting, overriding, or modifying that decision within ten (10) working days of receipt of the request.
2. Appeal of a regulation shall not stay the enforcement of violation notices issued prior to the date of any change in the regulation.
D. The Parking Manager shall report periodically to the City Council on the parking management activities of the office and make recommendations regarding additional areas that may, in the City Council’s discretion, become subject to pay-to-park requirements or permit-parking programs.
E. The Comprehensive Parking Management Program adopted by Resolution No. 2016-01 addresses the high parking demand areas of Downtown and Southside and the surrounding areas impacted by the demand in Downtown and Southside. Managing parking in and around other high parking demand areas may be added to the Comprehensive Parking Management Program by City Council adoption of a revised Comprehensive Parking Management Program and there shall be separate accounting for each such area that may be added. (Ord. 2016-05, Enacted, 02/02/2016; Ord. 2017-01, Amended, 02/07/2017)
9-01-001-0015 COMPREHENSIVE PARKING MANAGEMENT PROGRAM SPECIAL REVENUE FUND CREATED
A. Except for funds collected from fines on parking violations, there shall be a separate accounting for all funds collected pursuant to the Comprehensive Parking Management Program. The use of said funds shall be restricted to:
1. Areas of the City under the authority of the Parking Manager (areas of the City with pay-to-park requirements or permit-parking programs); and
2. Programs identified in the Comprehensive Parking Management Program, including capital development or improvement of parking facilities, land acquisition for parking, parking system management and operational expenses, and debt.
3. Until four hundred fifty (450) new public parking spaces have been added to serve the Downtown area, twenty percent (20%) of the annual revenues in the Special Revenue Fund shall be used only for the acquisition and/or development of new public parking spaces serving the Downtown area, specifically any expenses directly related to the acquisition and development of public parking facilities to serve the Downtown area and shall not be diverted or appropriated to any other fund including but not limited to the General Fund.
4. Promoting the use of alternative modes of transportation and other parking demand reduction expenses.
B. At least sixty (60) days prior to consideration of any change to any provision of this section, notice of a public meeting to consider a proposed change shall be conspicuously posted on the City website, published in a newspaper of general circulation in the City, and mailed by first class mail to any person who has registered with the City Clerk’s office to receive such notice, at the last known address on file with the City Clerk’s office. (Ord. 2016-05, Enacted, 02/02/2016; Ord. 2017-01, Amended, 02/07/2017)