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AN ORDINANCE RELATING TO TRAFFIC AND REGULATING THE USE OF PUBLIC STREETS, HIGHWAYS, ROADS, ALLEYS, PUBLIC WAYS, PUBLIC PARKS, PUBLIC PARKING LOTS AND PUBLIC PLACES WITHIN THE CITY OF JONESBORO, ARKANSAS; PROVIDING FOR THE INSTALLATION, OPERATION, MAINTENANCE, SUPERVISION, REGULATION AND CONTROL OF THE USE OF PARKING METERS, DEFINING AND PROVIDING FOR THE ESTABLISHMENT OF PARKING METER ZONES UPON THE PUBLIC STREETS, HIGHWAYS, ROADS, ALLEYS, PUBLIC WAYS, PUBLIC PARKS, PUBLIC PARKING LOTS AND PUBLIC PLACES WITHIN THE CITY OF JONESBORO, ARKANSAS; AND PROVIDING FOR THE ENFORCEMENT HEREOF AND PROVIDING PENALTIES FOR THE VIOLATION OF SAME. (NOTE: THIS ORDINANCE WAS AMENDED BY ORD-51:012 ON SEPTEMBER 17, 1951; ORD-60:2896 ON JUNE 6, 1960)
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NOW THEREFORE BE IT ORDAINED by the City Council of Jonesboro, Arkansas:
SECTION 1.
(a) The word “vehicle” shall mean any device in, upon or by which any person or property is or may be transported upon a highways, except a device which is operated upon the rail or tracks.
(b) A Parking Meter Zone shall include any public street, avenue, road, alley, public way, public parks, public parking lot, and other public places herein and hereafter designated by the City Council as a parking meter zone.
(c) The word “person” shall mean and include any individual, firm, co-partnership, or corporation.
(d) The word “operator” shall mean and include every individual who shall operate a vehicle as the owner thereof, or as an agent, employee, or permittee of the owners.
(e) A parking meter space shall be defined for the purpose of parallel parking, as a space 22 feet in length more or less along the curb, and for the purpose of diagonal parking, as a space 11 feet more or less along the curb, marked by appropriate lines in the street and with a parking meter set in place adjacent thereto.
SECTION 2. The following streets, avenues and public places, are hereby designated as Parking Meter Zones:
(a) Main Street from Matthews Avenue North to the Cotton Belt Railroad Track
(b) Church Street from Jackson Avenue North to Cate Avenue
(c) Union Street from Jefferson Avenue North to Burke Avenue
(d) Jefferson Avenue from Union Street East to Main Street
(e) Jackson Avenue from Madison Street East to Church Street
(f) Washington Avenue from Madison Street East to Church Street
(g) Huntington Avenue from Madison Street East to Church Street
(h) The privately leased lot of the City of Jonesboro, located on lot 12 and the West 20 feet of Lot 1 of Block H of the original plat and survey of the City of Jonesboro
SECTION 3. Parking Meters are to operate in the said parking Meter Zones as follows:
All week days except Saturday - From 8 a.m. to 6 p.m.
Saturdays - From 8 a.m. to 10 p.m.
Sundays, July 4th and Christmas day of each year excluded.
And from time to time hereafter as traffic conditions require on such other streets and avenues and parking lots as are selected by the Council of the City of Jonesboro, Arkansas, for the location of such zones.
And in said parking meter zones the Mayor shall cause parking meters to be installed and shall cause parking meters spaces to be designated as herein provided and shall fix the time limitations for parking in such zones, and the hours during the day or night when the parking meter or meters must be used by any person who desires to enjoy the use of a parking meters space, and when the time limitations shall be effective as herein provided; and shall indicate the time limitations by designating the same on the parking meter or meters or by appropriate signs posted in proximity to said meter or meters in said zones, as herein provided.
SECTION 4. Parking meters installed in the parking meter zones established as provided in section 2 hereof, shall be placed upon the curb immediately adjacent to the individual parking spaces hereinbefore described. Each parking meter shall be placed or set in such as manner as to show display by a signal that the parking space adjacent to such meter is not legally in use. Each parking meter installed shall indicated by a proper legend the legal parking time established by the City; and when operated shall indicated on and by its dial and pointer, the duration of the period of legal parking, and on expiration of such period, shall indicate illegal parking.
SECTION 5. The Mayor shall have lines or markings painted or placed upon the curb and or upon the street adjacent to each parking meter for the purpose of designating the parking space for which said meter is to be used and each which parked adjacent or next to any parking meter, shall park within the lines or markings so established. It shall be unlawful and a violation of the ordinance, to park any vehicle across any such line or markings so established, or to park said vehicle in such a position that the same shall not be entirely within the area so designated by such lines or markings.
SECTION 6. When a parking space in any parking meter zone is parallel with the adjacent curb or sidewalk, any vehicle parked in such space shall be parked so that the foremost part of such vehicle shall be nearest to the parking meter; when a parking space in any parking meter zone is diagonal to the curb or sidewalk, any vehicle parked in any such space shall be parked with the foremost part of such vehicle nearest to such meter.
SECTION 7. When any vehicle shall be parked in any space adjacent to which a parking meter is located in accordance with the provision of this ordinance, the operator of said vehicle shall upon entering the said parking space, immediately deposit or cause to be deposited, a five cent coin or one-cent of the United States, in such parking meter, as directed in the instructions of said meter which shall immediately put meter in operation. Failure to insert the coin by the person parking the vehicle shall constitute a breach of this ordinance, and shall subject the person so doing to the penalty and punishment prescribed in Section 15, hereof. The deposit of a one-cent coin in the parking meter adjacent to the parking meter zone shall entitle the depositor to park a vehicle in the parking meter space adjacent thereto for a period of 12 minutes, the deposit of two 1-cent coins shall entitle such depositor to use said space for 24 minutes, the deposit of three 1-cent coins shall entitle such depositor to use said space for 36 minutes, the deposit of four 1-cent coins shall entitle such depositor to use of said space for 48 minutes, the deposit of five 1-cent coins or one 5 cent coin shall entitle the depositor to the use of said space for 60 minutes, the deposit of 6 cents shall entitle the depositor to the use of said space for 72 minutes, the deposit of 7 cents shall entitle the depositor to the use of said space for 84 minutes, the deposit of 8 cents shall entitle the depositor to the use of the parking meter space for 96 minutes, the deposit of 9 cents shall entitle the depositor to the use of said space for 108 minutes, the deposit of 10 cents shall entitle the depositor to the use of said space for 120 minutes. The money shall and must be lawful money of the United States. The parking meters will receive 1-cent coins and 5-cent coins only. If said vehicle shall remain parked in any such parking space beyond the parking time limits fixed for such parking by coins deposited in said meter in accordance with the time schedule hereinabove set out, such parking shall be a violation of this ordinance and punished as hereinafter set out.
SECTION 8. It shall be unlawful and a violation of the provisions of this ordinance for any person to cause, allow, permit or suffer any vehicle registered in the name of, or operated by such person to be parked overtime or beyond the period of legal parking time established for any parking meter zone as herein described.
SECTION 9. It shall be unlawful and a violation of the provisions of this ordinance for any person to permit a vehicle to remain or be placed in any parking space adjacent to any parking meter while said meter is displaying a signal indicating that the vehicle occupying such parking space has already parked beyond the period of time prescribed for such parking space on the parking meter adjacent to such space.
SECTION 10. It shall be unlawful and a violation of the provision of this ordinance or any person to deface, injure, or tamper with, open or willfully break, destroy, or impair the usefulness of any parking meter installed under the provisions of this ordinance.
SECTION 11. It shall be unlawful and a violation of the provisions of this ordinance for any person to deposit in any parking meter any slug, devices or metallic substitute, or any other substitute and the use of any coins other than coins of the United States.
SECTION 12. It shall be the duty of the police officers of the City, acting in accordance with the instructions issued by the Mayor to report:
(a) The number of each parking meter which indicates that the vehicle occupying the parking space adjacent to such parking meter, is or has been parking in violation of any of the provisions of this ordinance.
(b) The state license on such vehicle.
(c) The time of day or night the officer detected such vehicle parking in violation to the provisions of this ordinance.
(d) Any other facts, a knowledge of which is necessary to a thorough understanding of the circumstance attending such violation.
Each such policeman shall also attach to such vehicle, a notice to the owner or operator thereof that such vehicle has been parked in violation of a provision of this ordinance, and instructing such owner or operator to report at the office of the City Collector of the City of Jonesboro, Arkansas, in regard to such violations. Each such owner or operator may, within 24 hours, of the time when such notice was attached to such vehicle, pay to the City Collector, as a penalty for and in full satisfaction of such violation, the sum of $1.00. The failure of such owner or operator to make such payment to the City Collector within 24 hours, shall render such owner or operator subject to the penalties, hereinafter provided for violation of the provisions of this ordinance.
SECTION 13. In any hearing in the municipal court of Jonesboro, Arkansas, 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 provisions of this ordinance, and further testimony that the record of the registrar of motor vehicles, for the state or city, that said license plate were issued to the defendant, shall be prima facie evidence that the vehicle was unlawfully parked, or permitted to be parked by the defendant.
SECTION 14. Any person who shall violate any of the provisions of this ordinance and any person who aids, abets, or assists therein, shall be upon conviction thereof, be subject to a fine in any amount not exceeding ($15.00) for each offense of violation or be imprisoned for a term not to exceed fifteen days (15) or both such fine and imprisonment.
SECTION 15. The 5-cent and 1-cent coin required to be deposited in parking meters as provided herein, are hereby levied and assessed as fees to provide for the proper regulations and control of traffic upon the public streets and avenues, and also the cost of rental, purchase, supervision, protection, inspection, installation, operation, maintenance control and use of the parking meters described herein.
SECTION 16. This ordinance shall be deemed to be in addition and supplementary to other ordinances regulating traffic now existing in the City of Jonesboro, Arkansas, which are not in conflict herewith.
SECTION 17. If a section, part of a section, sentence, clause, or phrase of this ordinance shall be held to be unconstitutional or invalid the remaining provisions hereof shall nevertheless remain in full force and effect.
SECTION 18. All ordinances or parts of ordinances in conflict with the provisions of this ordinance, be and the same are hereby repealed.
SECTION 19. Emergency
It is hereby found that there is inadequate parking space available within the parking meter zones herein designated; that a condition of congested parking results from such inadequate parking space; that traffic hazards endangering the life and property of persons using the streets and public ways within such designated areas and great public inconveniences arise from such congestion in such inadequate parking places; that the available parking space is misused by the general public by parking vehicles improperly and for periods of time that are unlawful, and that such misuse should be immediately corrected; that there is urgent and immediate need for the regulation of the parking space available within such designated zones in the public interest and for the public welfare; that the public welfare requires such regulations to promote the general business prosperity of the City of Jonesboro, that the installation of parking meters as herein provided is the most efficient and practical way to provide such needed regulations; that the immediate passage and adoption of this ordinance is necessary for the protection of the public peace, health, and safety for all the reasons hereinabove set out; an emergency is therefore hereby found to exist and this ordinance shall be in full force and effect from and after its passage, adoption and publication.
PASSED and ADOPTED this 4th day of October, 1948.