Loading...
2011-138sAlegal\our documents\ordinances\l l\denia resident only parking.doc ORDINANCE NO. 2011-138 AN ORDINANCE ESTABLISHING A RESIDENT ONLY PARKING PROGRAM IN A PORTION OF THE DENIA NEIGHBORHOOD TO ADDRESS HAZARDOUS CONDITIONS CAUSED BY ADJACENT USES AND TO PROTECT THE RESIDENTS OF THIS NEIGHBORHOOD FROM HARMFUL CONDITIONS AND PROMOTE THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THIS NEIGHBORHOOD; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council deems that it is in the public interest to establish a "Resident Parking Only Program" for residential streets in a portion of the Denia Neighborhood within the City of Denton, Texas in light of hazardous traffic conditions to residents and children, caused by the use of residential streets for parking by persons using adjacent educational, stadium, commercial, and industrial facilities, by those who do not reside in the neighborhood; and WHEREAS, the City Council desires to protect the residents of this neighborhood from polluted air, excessive noise, trash and refuse and from unreasonable burdens in gaining access to their residences; and WHEREAS, the City Council further desires to preserve the character of the Denia residential districts; and WHEREAS, the City Council deems this program in the public interest to promote efficiency in maintenance of the streets in a clean and safe condition in this neighborhood; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Creation of "Resident Parking Only Program." There is hereby created a "Resident Parking Only Program" in a portion of that neighborhood known as the "Dena Neighborhood and bounded by the I-35 southbound service road on the North, continuing to McCormick to form the boundary on the East, then continuing South to Willowwood, then West on Willowwood to Highland Park Road and South on Highland Park Road, then East on Willowcrest Loop and around to Highland Park Road again, then South on Highland Park Road, which changes directions and runs West to Bonnie Brae, then continuing North to the I-35 service road such that Bonnie Brae is the West boundary, and as further illustrated by the map attached hereto as "Exhibit A" and incorporated as though set forth herein. The Chief of Police shall be charged with monitoring the effectiveness of this program and may request review by the Council of the City of Denton, as necessary. SECTION 2. Definitions. (1) City manager means the city manager or his designee. sAlegallour documentslordinanceslt lldenia resident only parking.doc (2) Resident parking only zone means any designated on-street parking spaces within a residential area where only resident motor vehicles displaying a valid permit may park. (3) Permit means a resident parking only permit issued by the city manager under this article. The permit will be in the form of a placard clearly displayed in the vehicle window. (4) Guest pass means a temporary parking pass issued by the city manager under this article. The pass will be valid for a period of one year. The pass will be in a form designed to hang from a vehicle's rear view mirror. (5) Temporary pass means a temporary parking pass issued by the city manager under this article. The pass will be valid for a period of one day and will be in a form designed to hang from a vehicle's rear view mirror. (6) Block shall mean that portion of one side of a street situated between two (2) cross streets. An alley shall not be considered as establishing the boundary of a block for purposes of this article. (7) Vehicle shall mean a vehicle as defined by the Texas Transportation Code "Rules of the Road." SECTION 3. Designation of resident parking only zones. (a) The city manager may, in consultation with the Denia neighborhood, designate resident parking only zones in the Denia Neighborhood as the city manager determines necessary to provide for the parking needs of the residents of that neighborhood based upon the following criteria: (1) The street(s) proposed for the program shall consist of low density residential uses. The city manager will determine the days and time of the restricted parking based upon traffic and parking patterns generated by adjoining uses and will include input from the residents of the Denia neighborhood. (2) Traffic control requirements as determined by the Police and Traffic Engineering departments shall be considered. (b) Marked service, delivery, city and state vehicles while parked for the purpose of providing service, delivery or conducting official business in the resident parking only zone are exempt from application of this article. (c) The City shall conspicuously post signs indicating the locations and times for which parking is by permit only and indicating that unauthorized vehicles may be towed at the expense of the owner or operator in accordance with section 684.053 of the [Texas] Transportation Code. A resident parking only zone becomes effective upon the posting of signs in the zone. Page 2 sAlegal\our documents\ordinances\1l\denia resident only parking.doc (d) The costs for the establishment of a resident parking only zone are five dollars ($5.00) annual fee for each resident parking only permit, per vehicle. SECTION 4. Resident parking only permit. (a) The City Manager shall, upon designation of resident only parking streets and payment of the permit fee, issue resident parking only permits to any person who resides in the resident parking zone sufficient for that person's vehicles, including any vehicles owned by other family members residing at the same address. (b) The application for a permit must contain the name, home address, and driver's license number of the resident or property owner applying for the permit(s) and the number of permits needed. (c) To prove residency within the residential parking only zone and to verify the contents of the application, the applicant shall present at the time of application: (1) A valid Texas driver's license showing the applicant's current home address; or (2) A valid Texas motor vehicle registration for the motor vehicle to be parked in the resident parking only zone, showing the applicant's current home address; or (3) A residential utility bill showing the applicant's current home address. (d) When a vehicle other than a service, delivery, city or state vehicle making a delivery or conducting official business is parked in a resident parking only zone, the permit must be conspicuously displayed by suspending from the inside rearview mirror. On motorcycles and trailers, such permit may be placed at a convenient location at or near the vehicle's license plate. (e) A permit authorizes the holder to park a vehicle at any time in a resident parking only zone, unless such parking is prohibited or restricted by regulations other than those established under this article. (f) A permit is not transferable or assignable. (g) A permit is valid for one year beginning September 1 and ending August 31 of the following year. Permits may be renewed by applying in accordance with provisions of this article. (h) A lost, stolen or destroyed permit may be replaced for a two dollar ($2.00) fee. The permit holder must sign an affidavit stating that the permit was lost or stolen or provide physical verification that the permit has been destroyed. If a vehicle is sold, the permit holder may remove the permit and use it in lieu of the aforementioned signed affidavit. Page 3 s:Uegahour documentslordinances11 lWenia resident only parking.doc (i) One permanent guest pass shall be issued for each vehicle permit purchased, up to a limit of three (3) guest passes per residence. 0) Temporary passes are available to accommodate large gatherings within the residential parking only zone. Temporary passes shall be valid for one day only and will be provided on an individual basis. A fee of two dollars ($2.00) per pass shall be charged to recover administrative costs. The total number of temporary passes shall not exceed five (5) passes in one (1) day. In no case shall the number of temporary passes issued exceed the available curb space within one block of the location of the large gathering. (k) Issuance of a resident parking only permit does not limit either the city or the state's ability to perform emergency repairs, maintenance, construction or reconstruction of the roadway, and performing emergency repairs, maintenance, construction or reconstruction of the roadway does not create a cause of action against either the city or the state. SECTION 5. Removal of residential parking permit zone. A residential parking permit zone may be removed by either of the following methods: (a) The City Manager may, in consultation with the Denia neighborhood, determine to remove the resident permit parking zone. (b) A petition may be filed in the traffic engineering department signed by the residents who own or occupy sixty (60) percent of the linear footage of the numerical street block requesting the removal of the "Resident Parking Only" signage. Such a petition shall not be considered within two (2) years of implementation of the zone. (c) If the resident-only parking is located on a state maintained roadway, the state may, at its sole discretion upon a finding that traffic conditions have so changed that the existence of the roadway facility under the "Resident Parking Only" program is impeding maintenance, damaging the highway facility, impairing safety or that the roadway facility is not being properly operated, or if for any other reason it is the state's judgment that such use is not in the public interest, approval for the "Resident Parking Only" program on state maintained roadways may be: (1) modified, if corrective measures acceptable to both parties can be applied to eliminate the objectionable uses of the roadway facility, or (2) terminated and use of the area for "Resident Parking Only" discontinued. SECTION 6. Offenses; towing. (a) A person commits an offense if he: (1) Parks a motor vehicle in a resident parking only zone without displaying a valid permit, guest pass or temporary pass on the vehicle as required by this article; or Page 4 sAlegahour documentslordinances11I\denia resident only parking.doe (2) Falsely represents himself as being eligible for a resident parking only permit, submits false documents, or otherwise makes a false statement of a material fact on an application for a permit. (b) Further, the city, acting through its police department, may tow or cause to be towed any unauthorized vehicles parked in designated residential parking only zones during the hours of enforcement of such zone as permitted by Chapter 684 of the Texas Transportation Code. SECTION 7. Penalty. If found guilty of an offense under this Chapter, the punishment may be a fine not to exceed five hundred dollars ($500.00). SECTION 8. Effective date. This ordinance providing for a penalty shall become effective 14 days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within 10 days of the date of its passage. PASSED AND APPROVED this the /I(PZL day of d~til(k1 '2011. A. AURM UGHS.lMAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. .(1 AP OVED PS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 5 K Z d Z A O MAPL -MAPLE- MAPLE--- y~tgptE--MAPLE NXN -P 0 2 ' N~35FR I ¢ - 35W ° ~ ~ R ' Ramp 1 a»rF: ....~lyS a .FaSW Z E35EE'35 FrERyC f ~ u m -~....E bi3s ERo I jSErERyle K3g,o -PRPMTt ,EAGtE- iAGt~ ~L EnGcE EA AGtE~I EAGL{~-{pGtE F. .E ER O. 14SFq -Npgr I35f h('EWO yrF* m a ~ 9f ~ ~ .401oO Ni 3i \ ViRtsN[RF WILSNIR E 35 N - y NN f qy~'P FstRy~cEROtE e a / 5 ~ SES~yIf~ ~AgryFFF, I ~ .I. 3 E~d$F y F 1 Imo' ~ iCIARGIE % -MAR Y V ERIE i ERp lgsF .Y3 0 'j ESE '3 FSEALjE f -eottrNs S R'Ic g i ~3 E pY3s pT - z ~ ~ N`3SER_ fSERyE ~-tl s~ ERW ~ I NDERWBOD ~p 3 CERp13 NDERWOOfY I3 sE ,PP I y SEISERb SFgG(+ O ,QPP II CERp. ERQ Y P yy I3 C I l ~ I - ~~--yr3F f~! jF1E'Ryc < i _ ~ IYI F F Q Ro qp I ¢e~~ ENkEE ' CMEENtFE afl'rF --fREENLif LL -GREENLE£ m t ~ - _ cF ~ S`~R Vi O qp yQC i x`, e ICJ I 3s qo. IIi ~ Es O _ AIL - sqy yvs• r F F gi 'qo 2. ygGfILANB PART( ~ f 3 C F. _ ~r11EHiAt- _ s ZIj FT g . I yrF 3F 'HWPDBRN4tt- I ~ ~ q ' o 2 _ I L L I 4 TREMON~-L ~ ~ rINDSEV~NiKEY SEY ~--LfNEKvEY- o xDGF l _ III GD - x ~ I 1 - ~L JI ~ ~RLLUWWDB I~t~r - E> _ WnOOD 4n s: ~ TT PRWAT - I 1 II r~ Y WitiLiXNfR[ST r D ar RE _ REL - ~AHREL-=LAtlREt DDpLE - ~ ~ --fN1DL \ - ~J \ F Willowood- -II - - --NLGZI.IEND PARK MIGIiL DMRR-- PAR RViNf-Y-PARV#N sy' Legend A M - F. rea a N Pa-Is Note: The information provided on this map represents the current data in the Denton GIS system. It is not an official map of the City P.Dert.n Not to Scale DENT ON and is not to the accuracy standards of a survey map. This map may contain errors and omissions.