Loading...
HomeMy Public PortalAbout2005_02_08_O004 Amending Chapter 10 of the TC re Parking RegulationsThe Town of Leesburg, Virginia ORDINANCE NO. 2005-0-4 PRESENTED: February 8, 2005 ADOPTED: February 8, 2005 AN ORDINANCE: AMENDING CHAPTER 10, ARTICLE VI OF THE TOWN CODE REGARDING PARKING REGULATIONS WHEREAS, parking is an important component of the public infrastructure in Leesburg's Historic Downtown; and WHEREAS, in October 2003 the town commissioned a downtown parking management study; and WHEREAS, that study made specific recommendations to improve the distribution of existing parking resources in the Historic Downtown; and WHEREAS, the Council approved a plan to implement those recommendations in September 2004; and WHEREAS, the implementation plan calls for changes in the locations, time limits and rates of the on-street parking meters, changes in the monthly and hourly rates in the Town Hall Parking Garage, and a graduated parking fine schedule; and WHEREAS, as staff prepared the Town Code amendments to make those changes, it became apparent that additional regulations for the operation of the Town Hall Parking Garage were necessary. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 10, Article VI of the Leesburg Town Code is amended as shown below: -2- AN ORDINANCE: AMENDING CHAPTER 10, ARTICLE VI OF THE TOWN CODE REGARDING PARKING REGULATIONS Division 1. Generally Sec. 10-150. Parking prohibited in specific places; Fine schedule and settlement of parking violations. (a) No person shall park a vehicle or permit it to stand, whether attended or unattended, except in compliance with the directions of a police officer or traffic-control device, in any of the places: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) Overtime parking; Parking on or blocking sidewalk; Parking so as to block a public or private driveway, alley, etc.; Parking within 20 feet of an intersection; Parking within 15 feet of a fire hydrant; Parking on a crosswalk or within 20 feet of a crosswalk at an intersection; Parking within 30 feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway; Parking on yellow curb or in a marked safety zone; Parking within a parking space reserved by appropriate sign for the handicapped on public property or at privately owned shopping centers and business offices, unless such vehicle displays the official handicapped motorist license plate or card; Parking within 15 feet of the entrance to any fire or rescue station or on the side of a street opposite the entrance to any fire or rescue station or within 75 feet of the entrance when properly sign-posted; Parking or stopping on any street so as to obstruct traffic; Parking on the roadway sid~ of any vehicle parked at the edge of curb of a street; Parking upon any bridge or other elevated structure upon a street or highway, or within a tunnel; Parking, in no parking (prohibited) zone; Parking across or on any line or marking painted on the street by the town to designate a vehicular parking space; AN ORDINANCE: -3- AMENDING CHAPTER 10, ARTICLE VI OF THE TOWN CODE REGARDING PARKING REGULATIONS (b) (16) (17) (18) (19) (20) (21) Parking in a public parking lot without authorization; Parking in fire lane; Parking commercial vehicle in residential zone in excess of two (2) hours; Parking on street without license plates displayed; Parking a vehicle on street not in running condition; Parking on wrong side of street (left wheel to curb). Except as otherwise provided, any person accused of parking a vehicle in violation of a provision of this article or a regulation adopted under this article may settle and compromise the claim against him for such illegal parking by paying to the town the sum indicated in the fine schedule below. Should any person accused fail to pay the illegal parking ticket within 15 calendar days, said penalty shall increase to double the original fine. If the violation remains unsettled after 30 calendar days from the day of violation, a summons will be issued for the accused violator to appear in Loudoun County General District Court. This fine schedule does not restrict the fine a judge may impose if there is a court hearing. (c) Fine schedule: Fine Violation (1) Overtime parking .............................................. $4025.00 (2) Parking on or blocking sidewalk .................................. $4430.00 (3) Parking so as to block a public or private driveway, alley, etc ........... $4430.00 (4) Parking within 20 feet of an intei'section ............................ $4430.00 (5) Parking within 15 feet of a fire hydrant ............................. $-2-550.00 (6) Parking on a crosswalk or within 20 feet of a crosswalk at an intersection.. $4430.00 (7) Parking within 30 feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway ................ $4430.00 AN ORDINANCE: (8) Parking on yellow curb or in a marked safety zone .................... (9) Parking within a parking space reserved by appropriate sign for the handicapped on public property or at privately owned shopping centers and business offices, unless such vehicle displays the official handicapped motorist license plate or card ..................................... (10) Parking within 15 feet of the entrance to any fire or rescue station or on the side of a street opposite the entrance to any fire or rescue station or within 75 feet of the entrance when properly sign-posted ..................... (11) Parking or stopping on any street so as to obstruct traffic ............... (12) Parking on the roadway side of any vehicle parked at the edge of curb of a street ........................................................ (13) Parking upon any bridge or other elevated structure upon a street or highway, or within a tunnel ...................................... (14) Parking in no parking (prohibited) zone ............................ (15) Parking across or on any line or marking painted on the street by the town to designate a vehicular parking space .............................. (16) Parking in a private parking lot without authorization of the lot owner .... (17) Parking in fire lane ............................................. (18) Parking commercial vehicle in residential zone in excess of two hours .... (19) Parking on street without license plates displayed ..................... (20) Parking on street not in running condition ........................... (21) Parking on wrong side of street (left wheel to curb) .................... (22) Parking in violation of any provision of division 3 of this article ......... -4- AMENDING CHAPTER 10, ARTICLE VI OF THE TOWN CODE REGARDING PARKING REGULATIONS $4430.00 $4 oo.oo $2450.00 $4530.00 $-I-530.00 $4-530.00 $4530.00 $ 3o.oo $- 3o.o0 $2450.00 $4430.00 $4430.00 $4-530.00 $4-530.00 $30.00 -5- AN ORDINANCE: AMENDING CHAPTER 10, ARTICLE VI OF THE TOWN CODE REGARDING PARKING REGULATIONS Sec 10 162 Res d . - . erve Sec. 10-163. Presumption that registered owner unlawfully parked vehicle. In any prosecution subject to settlement of any violation of this article,.,. - ...... v..-....-..-.-.:'4~a ;.., .... ...~...~.,~:~- 1O 162. proof that the vehicle described in the complaint, summons or warrant was parked in violation of such provision, regulation or rule, together with proof that the defendant was, at the time of such parking, the registered owner of the vehicle, as required by Title 46.1, Chapter 3, Code of Virginia, shall constitute in evidence a prima facie presumption that such registered owner of the vehicle was the person who parked the vehicle at the place where, and for the time during which, such violation occurred. Division 2. Parking Meters Sec. 10-170. Defined. For the purpose of this division, the term parking meter shall be taken to mean a mechanical device located upon a public street or sidewalk or in a parking lot, in any place regularly designated as a parking meter zone under this division, which device shall record a certain number of minutes, by the use of a clock mechanism, determining the period of time for which parking privileges may be extended to the person depositing a coin therein. (Code 1963, § 13-110) -6- AN ORDINANCE: AMENDING CHAPTER 10, ARTICLE VI OF THE TOWN CODE REGARDING PARKING REGULATIONS Sec. 10-171. Establishment of meter zones and parking time limits therein. Parking meter zones with the following time limits for lawful parking are established as follows: (a) For two-hour parking at any one time: (1) The south side of West Market Street, between the entrance to the Presbyterian (2) (3) (4) (5) (6) Church parking lot and Wirt Street: Two spaces on the east side of Wirt Street, immediately north of Market Street; The west side of King Street, between North Street and Market Street, with the exception of the space in front of 11 North King Street which shall be a loading zone: The south side of East Market Street, between King Street and Church Street, with the exception of the two spaces in front of the post office which shall be 15 minutes at any one time: The north side of Loudoun Street, between Church Street and King Street; The east and west sides of Harrison Street. between the W&OD Trail and Loudoun Street; (7) The south side of Loudoun Street, between Harrison Street and East Market Street; and (8) The eleven spaces at the northern end of the municipal parking lot located at the south end of Liberty Street. (b) For one-hour parking at any one time: (1) The west side of King Street, between Loudoun Street and Market Street: and (2) The north side of Loudoun Street, between King Street and Wirt Street; (c) For 30-minute parking at any one time: (I) The east side of Win Street, between Loudoun Street and Market Street; and (2) The south side of West Market Street, between Wirt Street and King Street. -7- AN ORDINANCE: AMENDING CHAPTER 10, ARTICLE VI OF THE TOWN CODE REGARDING PARKING REGULATIONS (1) (2) (5) (8) Sec. 10-172. Marking of meter spaces and erection of meters. (a) On streets designated as in the parking meter zones established by this division, the town shall cause separate parking meter spaces to be marked on the surface of the street or by other appropriate means and shall erect or cause to be erected a parking meter on the sidewalk or pavement opposite each such marked parking meter space. AN ORDINANCE: -8- AMENDING CHAPTER 10, ARTICLE VI OF TH:E TOWN CODE REGARDING PARKING REGULATIONS (b) On parking lots owned by the town, the town shall cause separate parking meter spaces to be marked on the surface of the parking area in question, or by other appropriate means and shall erect or cause to be erected a parking meter opposite each such marked parking meter space. Sec. 10-173. Information to be given on meters. The legend on a parking meter erected as provided in this division shall indicate: (~4-) The denomination of the coin or coins of the United States to be deposited, as provided in this division. (_b-2-_) The time in which the vehicle may be parked and the time when such period has elapsed. Information as to the manner of operation shall also be displayed on each parking meter. Sec. 10-174. Vehicle to be parked entirely within marked space. It shall be unlawful for any person to park any vehicle across or on any line or marking designating a parking meter space marked as provided in this division, or to park any vehicle in such way that the vehicle will not be wholly within the parking space, as designated by such lines or markings. Sec. 10-175. When meters in operation. Parking meters installed under the provisions of this division shall be operated at all times between the hours of 98:00 a.m. and 65:00 p.m. on all days except Saturdays, Sundays and all legal holidays as established by Section 2.1-21 of the Virginia Code. Sec. 10-176. Deposit of coin; occupancy of metered space; etc. (a) The owner or operator of a vehicle, upon entering a parking meter space marked as provided in this division with his vehicle, during the time parking meters are in operation, as provided by section 10-175, shall immediately deposit a coin or combination of coins of the United States in the parking metei' situated at the side of the parking meter space so entered and shall operate the parking meter according to the instruction thereon. Failure to comply with such requirements shall be unlawful. However, vehicles displaying license plates with official Purple Heart or former P.O.W. designations shall be allowed to park at such metered parking spaces fi'ee of charge up to the posted time limit on the parking meter. Vehicles displavin~ official disabled motorist license plates or placards with Virginia ~: ...... ~,,,~o i,.,~;~, D,,,--~I,~ U,:,,~,q- ~.." ..... p © m ~4~o~ .... ,;~o shall be allowed to park at such metered parking spaces free of charge for up to four hours. -9- AN ORDINANCE: AMENDING CHAPTER 10, ARTICLE VI OF THE TOWN CODE REGARDING PARKING REGULATIONS (b) Upon the deposit of a five-cent coin, ten-cent or 25-cent coin and placing the parking meter in operation, the parking meter space in question may be lawfully occupied during the period of time prescribed on the parking meter legend for the particular amount deposited. (c) Parking meters 1,,,-.,,~.4 ..,[.~ two h ...... th~.~,~ u ....... : ....... "-:~: ..... :"~ when properly operated shall be so adjusted that initial or additional five-cent, ten-cent or 25-cent coins may be deposited at any time throughout the tv:c ~cur er *~ h .... allowed pehod as long as the twz ~war er t~ree ~cur allowed limit is not exceeded by any one vehicle occupying the same space. Unless otherwise stated in this ordinance, the deposit of each five-cent coin shall pe~it the vehicle to be parked for a pehod of 7.5h minutes; and the deposit of each ten-cent coin shall pe~it the vehicle to be parked for a period of ~1~ minutes; and the deposit of each 25-cent coin shall pe~it the vehicle to be parked for a period of ~30~ minutes. an ,~.,j ~,.~,,~.. . ~ ....... v, Fa 2 ...................................... v .............................. Parking meters located where 15-minute maximum parking is permitted when properly operated shall be so adjusted that a deposit of a five ten-cent coin shall permit the vehicle to be parked for a period of 15 minutes. It shall be unlawful for the operator of a vehicle to park such vehicle, or to permit such vehicle to remain parked, during daylight hours, except Saturday, Sunday and all legal holidays as established by Section 2.1-21 of the Virginia Code ,,,~,;,-.~.,,,,.... -.-,--.-.,u ~ "4 .... ~, in areas controlled by parking meters on streets in the town or parking lots operated by the town for a period longer than the maximum time indicated on the meter from the time the vehicle is so parked in any such parking meter zone. Sec. 10-177. Overtime parking. If any vehicle shall remain parked in any parking meter space marked as provided in this division, for such length of time that the parking meter opposite or adjacent to such space shall indicate by a proper signal that the lawful parking period has expired, such vehicle shall be considered as being parked overtime. The parking of a vehicle overtime shall be unlawful. When - 10- AN ORDINANCE: AMENDING CHAPTER 10, ARTICLE VI OF THE TOWN CODE REGARDING PARKING REGULATIONS meters are so designated, giving notice thereof, no person shall park a vehicle for longer than the posted permitted time at any time between the hours designated on such meter. Sec. 10-178. Defacing, damaging, etc., meters. It shall be unlawful for any person to deface, tamper with, damage, open or willfully break, destroy or impair the usefulness of any parking meter erected as provided in this division. Any person violating this section shall be punished as provided in section 1-13 of this Code. Cross references: General prohibition against damaging property, § 11-28. Sec. 10-179. Reserved. r~ ..... , ....'*" far -':"~'*:"~ c,f d:'v:.s:'on. Sec. 10-180. Reserved. Editor's note: Section 10-180, relative to the enforcement of this division by parking meter attendants, and derived from Ord. No. 76-0-17, § 1, adopted Aug. 25, 1976, was repealed by § 2 of Ord. No. 78-0-21, adopted July 26, 1978. The provisions of this section may now be found in § 10-25, promulgated by § 1 of Ord. No. 78-0-21. Division 3. Downtown Parking Facility Sec. 10-181. Defined. For the purpose of this division, the terms "town parking garage" and "off-street parking facility," hereinafter referred to as "the garage" or "the facility," shall be taken to mean a building constructed upon public land designated for the purpose of providing for parking of automobiles. Sec. 10-182. Authority of town manager'to manage, control, operate, and maintain. The town manager is hereby authorized to manage, control, operate and maintain the facility when placed into service. Sec. 10-183. Hours of operation. The town manager shall regulate the daily hours of operation. The facility shall be available for free parking Saturday and Sunday or at other times so designated by town council. AN ORDINANCE: -II- AMENDING CHAPTER 10, ARTICLE VI OF THE TOWN CODE REGARDING PARKING REGULATIONS Sec. 10.184. Designation of parking spaces. The town manager shall cause so many spaces within the facility as he may deem proper for monthly permit parking, and other spaces for other than monthly parking. Sec. 10-185. Establishment of designated parking spaces. Parking spaces within the facility shall be designated for the following purposes: (a-l-) Town business. The town manager shall designate a certain number of spaces, not to exceed ten spaces, as reserved for persons having business with the town provided the parking does not exceed 30 minutes. (_b-3) Official vehicles. The town manager may designate a certain number of spaces, as reserved for parking of town-owned vehicles. ~3) Permit parking. The town manager shall designate a certain number of spaces, as reserved for persons holding valid long-term parking permits. The number of permit spaces may fluctuate according to non-permit usage. Sec. 10-186. Parking t, ..............,, ....... ~, ...... :pace~ ~enerallv. No automobile shall be parked in the facility, except in a space designated or marked off as a vehicle parking space, and no part of an automobile shall occupy more than one space. No automobile shall be parked in a space designated for special purposes unless meeting the requirement for such use. Sec. 10-186.1. Parking prohibited in specific places in the facility. No automobile shall be parked in the facility: (a) On or blocking a sidewalk or area of pavement marked as a pedestrian crosswalk; (b) In such a way as to block any access, aisle way, ramp in between floors, or service entrance, create a hazard to public safety or impede construction or maintenance requirements; (c) In any area where such parking would obstruct construction, traffic, or prevent town services from being conducted: (d) In an area for which "No Parking" or other restrictive signs or traffic control devices are erected. -12- AN ORDINANCE: AMENDING CHAPTER 10, ARTICLE VI OF THE TOWN CODE REGARDING PARKING REGULATIONS Sec. 10-186.2. Display of license plates. All vehicles parked in the facility shall display a current license plate and validation sticker in compliance with the applicable laws of the state or commonwealth and town, city, or county in which the vehicle is titled. Such license plates must be displayed in the manner required by the state or commonwealth issuing such plates. Sec. 10-186.3. Prohibited vehicles. Due to space limitations, the facility cannot allow limousines, trailers or extended length vehicles to be parked. Trailers or extended length vehicles owned by the town or a contractor hired by the town to conduct town business are permitted for the duration of the town project. Sec. 10-186.4. Penalty for violation of division. Except as otherwise provided, any person accused of parking a vehicle in violation of any provision of this division may settle and compromise the claim against him for such illegal parking by paying to the town the sum indicated in Section 10-150 of the Town Code. Sec 10-186.5. Removal and disposition of vehicles unlawfully parked in the facility. Vehicles parked in violation of the provisions of this division may be removed from the facility in accordance with Section 10-158 of the Town Code. Sec 10-186.6. Inoperable and abandoned vehicles. Inoperable and abandoned vehicles parked in the facility shall be handled in accordance with Section 10-158.1 of the Town Code. Sec. 10-187. Parking fees for spaces rented on other than a monthly basis. On Monday through Friday, the first hour of parking shall be free. After the first hour of continuous parking, the fee shall be $0.50 for each hour or part thereof, for the next four hours of continuous parking and $1.00 for each hour or part thereof after the first five hours of continuous parking, provided, however, that the maximum charge for continuous parking for any period of time up to 24 hours shall not exceed Sq 0055 00 -vu~ c:.~, t .... ~, ...... ~, ~n.~.:.~ ~u., ~.~ ~: .... c Sec. 10-188. Parking fees for spaces rented on a monthly basis. The parking fees for spaces in the facility permitted on a monthly basis shall be $50.00 $60.00 per month for each reserved space and $40.00 per month for each unreserved space. Reserved spaces shall be available for general public parking after 5:00 p.m. Monday through Friday and all day on Saturdays, Sundays and all legal holidays as established by Section 2.1-21 of the - 13- AN ORDINANCE: AMENDING CHAPTER 10, ARTICLE VI OF THE TOWN CODE REGARDING PARKING REGULATIONS r n a 0 e .................. . .....v ................. ~, ...............v ..............,,.o Sec. 10-189. Parking without paying fee. It shall be unlawful for any person to park any vehicle, or cause, allow, or permit any vehicle to be parked within the facility, without payment of the applicable parking fee prescribed in this division. Sec. 10-190. Destruction or misuse of equipment· It shall be unlawful for any person to deface, tamper with, damage, destroy, or impair the usefulness of any equipment or fixtures erected on or affixed to the facility. Any person violating this section shall be punished as if guilty of a Class 1 misdemeanor, as defined in Section 18.2- 11 of the Code of Virginia (1950), and as provided in Chapter 1, section 1-13 of the Code of the town. (a) Dumping of Garbage~Refuse into Town Receptacles. The trash receptacles provided by the town within the Town Parking Garage are provided for individual convenience and shall not be used as a substitute or complement to commercial or residential trash collection service. The bulk dumping of commercial or residential garbage into the trash receptacles provided by the Town in the Town Parking Garage shall be prohibited. Sec. 10-190.1. Speed and direction of vehicles. No person shall drive a vehicle within the facility in excess of five miles per hour, and no person shall drive a vehicle in a direction except that which is designated. Sec. 10-190.2. Nonmotorized vehicles. No person shall operate a nonmotorized vehicle of any type within the facility. Sec 10-190 3 c.i..r ~, ...... .a .... _ ,h.. ....r. ~ .........* -~"--'-;-" r""~ Parking validation program. The town manager is hereby authorized to implement a business validation program by which a participating business can reduce the parking fee for a customer by affixing a stamp, er stamp.% each having a face value cf $9.59 equivalent to the cost of one hour's parking, to the parking ticket, and to cause validation equipment and supplies to be sc. Id issued to persons or businesses participating in the validation program. -14- AN ORDINANCE: AMENDING CHAPTER 10, ARTICLE VI OF THE TOWN CODE REGARDING PARKING REGLTLATIONS Sec. 10-190.4. Authority of town manager to temporarily waive fee or establish special parking fees for holidays, special events, or heavy storm or catastrophe. The town manager is hereby authorized to temporarily rescind the parking fees set forth for spaces rented on other than a monthly basis in the event of a heavy snow storm or major catastrophic event to facilitate the removal of snow or debris from town streets, and to establish alternative rates or waive fees in the case of special events or special circumstances. Sec. 10.190.5. Reserved. Pcna '. ................... d:":s:~- Sec. 10-190.6. Town employee parking. ...... ' ....q~ spaces on the top level of the facility for use by The town manager ,.~.~n may designate ,~v .... town employees at no charge. The town manager is authorized to reduce or eliminate town employee parking at any time based on the need for additional paid parking. Editor's note: Ord. No. 91-0-53, adopted Nov. 26, 1991, added provisions designated as § 10- 196. In order to facilitate classification and ease of usage of the Code, said provisions have been redesignated as § 10-190.6 at the discretion of the editor. SECTION II. All prior ordinances in conflict herewith are hereby repealed. SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the ordinance. SECTION IV. This ordinance shall be in effect on April 1, 2005. PASSED this 8th day of February 2005. ATTEST: ~. U~r~st&ttd, Mayor Town of Leesburg - 15- AN ORDINANCE: AMENDING CHAPTER 10, ARTICLE VI OF THE TOWN CODE REGARDING PARKING REGULATIONS /(21erk of Council 005 Parking Code Revisions