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Home My WebLink AboutORD 2004-26 - Downtown Parking ZoneORDINANCE NO.400kZ AN ORDINANCE AMENDING ORDINANCE NO. 2004-05 ESTABLISHING A "DOWNTOWN PARKING ZONE" ON PORTIONS OF 7"', AND 8`h, AUSTIN AVE., AND MAIN STREET RELATING TO PARKING BY RESIDENTS IN THE ZONE, REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND SETTING AN EFFECTIVE DATE. WHEREAS, on January 13, 2004 the City Council of the City of Georgetown, Texas, adopted Ordinance No. 2004-05 establishing a "Downtown Parking Zone" on portions of 7th Street, 81h Street, Austin Avenue, and Main; and WHEREAS, the City Council finds it necessary to amend that ordinance to accommodate parking by persons who reside in the Downtown Parking Zone; and WHEREAS, the Council finds that it is necessary and proper and in the best interest of the citizens of Georgetown to adopt the changes hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT. SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Transportation Policy 12.0 of the Century Plan - Policy Plan Element, which states: "Georgetown's transportation system provides for the safe and efficient movement of traffic, promotes the economic interests of the community, and adequately serves the needs of individuals"; and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2: That Section 10.16 of the Code of Ordinances, City of Georgetown, Texas, is hereby amended to read as follows: 10.16.082 DOWNTOWN PARKING ZONE A. Definitions. The following terms, as used in this Section, have the following definitions. (1) "Chief of Police" shall mean the Chief of Police of the City of Georgetown, Texas or his designee. (2) "Downtown Parking Zone" shall mean the area comprised of the following public streets: (i) Austin Avenue between 6th Street and 9Th Street; (ii) Main Street between 6th Street and 9th Street; (iii) 7th Street between Church Street and Rock Street; (iv) 8th Street between Church Street and Rock Street; Ordinance No. Amendment to Downtown Parking Zone for Area Residents Page 1 of 5 (3) "Motor vehicle" shall mean every vehicle which is self-propelled. B. Offenses. (1) Except as provided in Subsection (D), below, no person shall park any motor vehicle on any public street in the Downtown Parking Zone for more than two consecutive hours between the hours of 9:00 a.m. and 5:00 p.m. on weekdays, Monday through Friday, without displaying a valid hospitality permit. (2) An individual commits an offense if he displays a permit issued pursuant to this Section on a motor vehicle other than the motor vehicle for which the permit was issued. (3) An individual commits an offense if he displays a permit issued pursuant to this Section on a motor vehicle on a day other than the day issued. (4) A person commits an offense if he falsely represents himself as being eligible for a hospitality permit, submits false documents, or otherwise makes a false statement of material fact on an application for a permit. C. Penalties. (1) Any vehicle parked for more than two consecutive hours in the Downtown Parking Zone, during times when parking is restricted and without displaying a valid permit issued under this Section, may be issued (i) a warning for the first offense; (ii) a fine not to exceed $50 for the second offense; (iii) a fine not to exceed $200 for the third offense; and (iv) impoundment of vehicle with a fine not to exceed $500 for the fourth and any subsequent offenses. (2) A person who commits any other violation against the provisions of this Section is subject to the penalties provided for in the Code of Ordinances, City of Georgetown, Texas, D. Exceptions. The terms of this Section shall not apply in the following instances: (1) Motor vehicles that are used in transporting individuals, equipment, and goods necessary for making improvements and repairs, providing labor, and performing other services at any location within the Downtown Parking Zone. (2) The provisions of this Section shall not apply to parking spaces designated as "Handicapped" or "Disabled" parking spaces. (3) The provisions of this Section shall not apply to parking places designated as "Reserved" parking places for Williamson County officials and employees. (4) If the provisions of this Section are in conflict with a permit issued under the City's special event ordinance (Chapter 12.24 of this Code), the terms of the special event permit shall control. Ordinance No. Amendment to Downtown Page 2 of 5 Zone for Area Residents E. F. (5) The provisions of this Section shall not apply to vehicles that display a valid Hospitality Downtown Parking Zone Permit or a valid Residential Downtown Parking Zone Permit, Hospitality Downtown Parking Zone Permits. (1) All visitors to the City who register with the Chief of Police, or his designee, shall be issued, free of charge, one (1) permit for each motor vehicle driven that exempts the holder from fines or penalties for exceeding the time limits in the Downtown Parking Zone. The Hospitality Parking permit must be hung from the rear view mirror of the motor vehicle. (2) Each permit issued to a visitor will be assigned to a specific vehicle, and will only be valid for the day it is issued. No permit may be transferred to any other individual or used for a different vehicle other than the one to which the permit is assigned. (3) All visitors to the City applying for a permit or permits must use the application developed by the Chief of Police. (4) The Chief shall, upon receiving a completed application, issue a Hospitality Parking permit to any individual that is eligible for the permit. An individual is eligible to obtain a permit if: (i) the individual is a visitor to the City; and (ii) intends to park a motor vehicle within the Downtown Parking Zone. Residential Parking Zone Permits. (1) Each residential dwelling unit in the area designated as the Downtown Parking Zone whose occupants register with the Chief of Police, or his designee, shall be issued, free of charge, no more than two (2) permits for motor vehicles owned and kept by the resident at the premises located within the Downtown Parking Zone. If there are multiple residential dwelling units within a single building, no more than four (4) permits shall be issued for the entire building. The Residential Parking permits must be placed in the lower, left-hand corner of the rear window of the motor vehicle, hung from the rear view mirror of the motor vehicle, or otherwise displayed on the dashboard of the vehicle. (2) Each permit issued to a resident will be assigned to a specific vehicle, and will only be valid for the particular vehicle to which it is assigned. No permit may be transferred to any other individual or used for a different vehicle other than the one to which the permit is assigned. (3) All residents applying for a permit or permits must use the application developed by the Chief of Police. (4) The Chief of Police shall, upon receiving a completed application, issue a Residential Parking Zone pen -nit to any individual that is eligible for the permit. An individual is eligible to obtain a permit if: Zone for Area Residents W the individual owns a motor vehicle; and (ii) resides within the Downtown Parking Zone. (5) The individual's application for a Residential Parking Zone Permit must contain the following information: (i) the name, address, and Texas Driver's License number of the owner of the motor vehicle to be parked in the Downtown Parking Zone; and the make, model, registration, and license plate number of the motor vehicle to be parked in the Downtown Parking Zone. (6) The applicant for a permit must submit the following information at the time application is made for a Downtown Parking Zone pen -nit: (i) a valid Texas motor vehicle registration for the motor vehicle which is the subject of the permit application; and a valid Texas driver's license of the applicant showing the applicant's current home address, or a residential utility bill acceptable to the Chief of Police showing the applicant's home address. G. Temporary Visitor Parking Zone Permits. (1) Temporary Visitor permits shall be issued, free of charge, for persons visiting in the area, at the written request of any person residing within the Downtown Parking Zone or any owner/operator of a "hotel" located within the Downtown Parking zone. (For the purposes of this section, the term "hotel" shall have the same meaning as set forth in Section 156.001 of the Texas Tax Code.) These Temporary Visitor permits shall be valid only on the date(s) noted on the permit. H. Miscellaneous. (1} A permit issued pursuant to this Section, and properly displayed, authorizes the visitor's motor vehicle to be parked in the Downtown Parking Zone for more than two consecutive hours when otherwise prohibited by this Section. A permit does not authorize the visitor's motor vehicle to be parked in a manner or location that is prohibited or otherwise governed by regulations, ordinances, statutes, or laws other than provided for in this Section. (2) A permit is not transferable from one motor vehicle to another. (3) A lost or stolen permit may be replaced. The visitor must submit a signed affidavit stating that the permit was lost or stolen and not transferred to another vehicle, nor given or conveyed to another individual. SECTION 3: All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. Ordinance No. t. "' 4 � 00 Amendment to Downtown Parking Zone for Area Residents Page 4 of 5 SECTION 4: The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. SECTION 5: The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in accordance with the provisions of the Charter of the City of Georgetown. READ and APPROVED on first reading this the /-9 �/k'day of April, 2004. READ, APPROVED and ADOPTED on second reading this the <9 %' `- day of April, 2004, ATTEST: andra D. Lee, City Secretary APPROVED AS TO FORM: t� w� Patricia E. Carls, City Attorney Brown & Carls, LLP Zone for Area Residents CITY OF GEORGETOWN