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AN ORDINANCE TO PROVIDE FOR PARKING REGULATIONS IN THAT AREA OF DOWNTOWN JONESBORO WHICH IS INCLUDED IN THE DOWNTOWN IMPROVEMENT DISTRICT TO THE CITY OF JONESBORO, ARKANSAS (NOTE: THIS ORDINANCE WAS AMENDED BY ORD-87:1543 ON FEBRUARY 2, 1987; ORD-87:1537 ON MARCH 16, 1987; ORD-92:917 ON SEPTEMBER 21, 1992; ORD-92:918 ON SEPTEMBER 21, 1992; ORD-94:709 ON MARCH 21, 1994)
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BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas:
Section 1: Declaration of Policy. The City Council hereby determines and declares that the area of downtown Jonesboro within the confines of the downtown improvement district, City of Jonesboro, Arkansas, suffers from inconsistent and inadequate parking regulations. The City Council further hereby determines and declares that the inadequate and inconsistent parking policies create congestion, obstruct the free circulation of traffic, diminish property values, and endanger the health, safety and general welfare of the citizens of Jonesboro, Arkansas, and that the passage of regulations for on-street and off-street parking is necessary to alleviate such conditions.
Section 2: Application of Article. The provisions of this article or any traffic ordinance prohibiting the standing or parking of a vehicle shall apply at all times or at those times specified or indicated on official signs, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device. The provisions on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or specified times.
Section 3: Definitions.
(a) Vehicle. The word "vehicle" shall mean any device in, upon or by which any person or property is or may be transported upon highway.
(b) Operator. The word "operator" shall mean and include every individual who shall operate a vehicle as the owner thereof, with or without the permission of the owner thereof.
(c) Parking Lot. The phrase "public parking lot" shall mean a public off-street automobile parking facility which is an accommodation provided by public authority for the parking of automobiles off the street or highway and open to public use with or without charge.
Section 4: Prohibited at all times in certain areas. When signs are erected on any street or public parking lot or part thereof giving notice thereof, no person shall park a vehicle on any such street or public parking lot or part thereof in each area so designated for no parking.
Section 5: Time limit in certain areas. When signs are erected on any street or public parking lot or part thereof giving notice thereof, no person shall park a vehicle on any such street or public parking lot or part thereof so designated for longer than the time limit specified at any time between the hours of 7:30 a.m. and 5:30 p.m. of any day except Saturdays, Sundays and public holidays.
Section 6: Prohibited in rented spaces and handicap areas.
(a) The parking of vehicles in rented spaces on public parking lots which spaces have been marked "rented - unlawful to park" shall be illegal unless the vehicle parked in such space shall have attached to its windshield a permit showing a number corresponding with the number of such space.
(b) The parking of vehicles on any street or public parking lot or part thereof in spaces which have been marked handicapped" shall be illegal unless the vehicle parked in such spaces shall have attached to it a special license plate for handicapped persons as is authorized by the laws of the State of Arkansas rules and regulations of the Department of Finance and Administration of the State of Arkansas concerning special license plates for handicapped persons.
Section 7: Signs required. Whenever by any provision of this chapter or any traffic ordinance a parking time limit is imposed or parking is prohibited on any street or public parking lot or part thereof, or any area is designated for handicap parking, it shall be the duty of the chief or police, or some person designated by him, to erect appropriate signs on such street or public parking lot or part thereof giving notice thereof and no such regulations shall be effective unless said signs are erected and in place on the street or public parking lot or part thereof where parking time is limited or prohibited at the time of any alleged offense.
Section 8: Blocking of sidewalks and driveways prohibited. It shall be unlawful to park, stop or leave standing any vehicle in such manner that any part thereof extends over or onto any sidewalk or any public or private driveway so that free passage over said side-walk or ingress or egress from such driveway is prohibited or impaired.
Section 9: Parking within marked lines. Where diagonal or parallel parking is provided, the vehicle shall be wholly within the painted or marked parking lines and no part of any vehicle shall be allowed to project over or across said diagonal lines.
Section 10: Parking on private property prohibited. It shall be unlawful for any person to park or place any vehicle upon private property without the consent of the owner.
Section 11: Parking for certain purposes prohibited. It shall be unlawful to park any vehicle of any kind or character upon any street or street right-of-way within the city or upon any city owned parking lot for the purpose of displaying said vehicle for sale, or for rent or hire, or to park any vehicle upon any street or street right-of-way within the city for a period of longer than five minutes unless said vehicle is being loaded and/or unloaded on a continuous basis.
Section 12: Clearance at intersections. It shall be unlawful for any person to stop or park a vehicle on any street in the city unless the front or rear end of said vehicle is at least fifteen (15) feet from the curb line of the street or avenue intersecting said street.
Section 13: Near fire hydrants. It shall be unlawful for any person to stop or park an automobile, motorcycle, or vehicle of any kind whatsoever on any street, avenue or alley, within a radius or distance of fifteen (15) feet or any fire hydrant within the corporate limits of the city.
Section 14: Parking time limits designated. The following named and designated streets, public parking lots or parts thereof in the downtown improvement district to the City of Jonesboro, Arkansas, are hereby designated with parking time limits as follows:
(a) The following public parking lots or parts thereof shall have two-hour time limits in all marked spaces other than spaces marked as rented spaces or for handicapped parking:
(1) The public parking lot at the corner of the 300 block of South Main Street and the 100 block of West Monroe Street:
(2) The public parking lot on the corner of the 600 block of South Church Street and the 100 block of East Jefferson Street; and
(3) That portion of the public parking lot in the 300 block of South Church Street which encompasses the area of the said lot which runs eastward from South Church to East Street 163' West and thence 113½' North.
(4) The public parking SW of intersection of Monroe and Church.
(b) The following public parking lots or portions thereof shall have no time limits designated:
(1) The public parking lot in the 400 block of the East Washington Avenue to East Monroe Avenue:
(2) The public parking lot in the 200 block of South Church Street and connecting to Cate Street:
(3) The public parking lot on the corner of West Monroe Avenue and Madison Street;
(4) The public parking lot in the 300 block of Union Street running westward to Madison Street:
(5) The public parking lot in the 200 block of East Monroe Street between East Street and Church Street; and
(6) That portion of the public parking lot in the 300 block of South Church Street which encompasses the area of the said lot which runs from East Street 87' West, thence 113 ½' South, then 87' East and 113 ½' North.
(c) Spaces on the following streets or parts thereof shall be designated as thirty minute parking except for spaces marked as rented spaces or for handicapped persons:
(1) The east side of South Church Street in front of the Justice Building;
(2) The west side of South Main Street between West Jefferson Avenue and West Washington Avenue;
(3) Both sides of Jackson Avenue from Main Street to Church Street; and
(4) South side of Jackson Avenue between Union Street and Madison Street.
(d) Spaces on the following streets or parts thereof shall be designated for two hour parking except spaces which are marked as rented spaces, for handicapped, or as thirty minute parking:
(1) Both sides of South Church Street from East Washington Avenue to Creath Street;
(2) Both sides of South Main Street from East Matthews Avenue to west Washington Avenue and from West Monroe Street to Cate Street;
(3) Both sides of Union Street from West Matthews Avenue to Burke Avenue;
(4) West side of South Church Street from Creath Street to Cate Street;
(5) Both sides of Washington Avenue from Main Street to Madison Street;
(6) North side of Washington Avenue from Church Street to Main Street;
(7) North side of Huntington Avenue from Church Street to Union Street;
(8) South side of Huntington Avenue West from intersection of Church Street and Huntington Avenue to within 15 feet of fire hydrant at the Southeast corner of Church Street and Huntington Avenue:
(9) North side of East Monroe Avenue from Church Street to alley between Main Street and Church Street; and
(10) South side of West Monroe Avenue from Main Street to alley.
(e) The following street or parts thereof shall be designated as no parking areas:
(1) The 400 block of South Main Street from Washington Avenue to Monroe Avenue.
(f) The following streets or parts thereof shall be designated as no parking areas except for officials and employees of the Jonesboro Police Department and the Craighead County Sheriff's Department:
(1) The spaces in the 200 block of West Jackson Avenue in front of the Craighead County Jail; and
(2) North side of Jackson Avenue east of Church Street from Church Street 290 feet East.
(g) All other streets or parts thereof in the downtown improvement district of the City of Jonesboro, Arkansas, shall contain no time limits except spaces marked as rented spaces or for handicapped persons or as no parking areas.
Section 15: Handicap spaces designated. The following named and designated areas in the downtown improvement district to the City of Jonesboro, Arkansas are hereby designated as handicapped spaces:
(a) The Parking lot behind City Hall. The Northeast corner of the lot, the first space on the Northeast corner of the lot;
(b) On the west side of Main Street, the 7th parking space south of Main and Washington;
(c) One the east side of Union Street, the 7th parking space south of Main and Washington Avenue;
(d) The parking lot on the West side of Main Street in the 300 block of Main. The first parking space on the south side of the entrance lane;
(e) On the west side of Main Street, the first parking space North of Main and Huntington;
(f) The parking lot at the corner of Cate Street and Church Street in the 200 block of Church Street. The first space north of the handicapped ramp on the extreme west side of the parking lot;
(g) The parking lot in the 300 block of Church Street. The first parking space in the North exit lane, east of Church Street on the South side of the lot.
(h) At the Northeast corner of the Forum on the Forum Parking lot at the East side of the Forum building;
(i) Space in front of 311 Union (Abilities Unlimited) on the west side of Union; and
(j) The parking space in front of 221 South Main on the west side of the street. The first slot north of the handicapped ramp on the west side of Main.
Section 16: Owner responsible for violation.
(a) It shall be unlawful and a violation of the previsions of the parking regulations of the City of Jonesboro, Arkansas, whether or not that person was the operator of the vehicle at the time the parking violation occurred; and
(b) In any hearing in the municipal court on a charge of illegally parking a vehicle, testimony that a vehicle bearing a certain license plate was found unlawfully parked as prohibited by the parking regulations of the City of Jonesboro, Arkansas, and further testimony that the records of the registrar of motor vehicles for the City of Jonesboro, Arkansas, or the State of Arkansas, that said license plates were issued to the defendant shall be prima facie evidence that the vehicle was parked unlawfully and was so parked or permitted to be parked by the defendant.
Section 17: Violations.
(a) Every person convicted of a violation of the parking regulations of the City of Jonesboro, Arkansas, concerning parking time limits shall be punished by a fine of not more than $2.00 for each said violation. If the space is marked as a two-hour time limit, then each additional two-hour time period in which the vehicle is parked in that space shall be a separate offense. If the space is marked as a thirty-minute parking limit, then each additional thirty-minute period in which the vehicle is parked in that space shall be a separate offense.
(b) Every person convinced of a violation of the parking regulations of the City of Jonesboro, Arkansas, concerning spaces marked for handicapped persons shall be punished by a fine of not more than $100.00;
(c) Every person convicted of a violation of the parking regulations of the City of Jonesboro, Arkansas, concerning spaces "rented - unlawful to park" shall be punished by a fine of not more than $5.00 for said violations;
(d) Every person convicted of a violation of the parking regulations of the City of Jonesboro, Arkansas concerning no parking zones shall be punished by fine of not more than $5.00 for said violations; and
(e) It shall be the duty of the parking enforcement officers of the City of Jonesboro, Arkansas, acting in accordance with the instructions issued by the mayor to report:
(1) The location where any vehicle has occupied a space in violation of the parking regulations of the City of Jonesboro, Arkansas;
(2) The state license number of such vehicle;
(3) The time of day the officers detected such vehicle parked in violation of the parking regulations;
(4) Any other facts a knowledge of which is necessary to a thorough understanding of the circumstances attending such violation; and
(5) Name of the parking enforcement officer detecting such violation. Provided further that each parking enforcement officer observing such violation shall also attach to such vehicle a notice to the owner or operator thereof that such vehicle has been parked in violation of the City of Jonesboro, Arkansas, and instructing such owner or operator to report at the office of the City Collector in regard to such violation.
(f) Every owner or operator of a vehicle found in violation of the parking regulations of the City of Jonesboro, Arkansas shall, within seven days of the time when notice of the parking violation was attached to such vehicle, pay to the City Collector or deposit in receptacles provided therefore as a penalty in full satisfaction of such violation the sums required to satisfy such violation as set forth in the provisions of this section. The failure of such owner or operator to make such payment to the City collector within seven days shall render such owner or operator subject to the penalties currently provided for the violation of the parking regulations of the City of Jonesboro, Arkansas.
Section 18: This ordinance being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.
PASSED and ADOPTED this 17th day of June, 1985.