The URL can be used to link to this page

Home My WebLink AboutO-1046ORDINANCE NUMBER 1046 AN ORDINANCE TO PROMOTE THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE CITY OF FAIRHOPE, ALABAMA BY RESTRICTING PARKING OF VEHICLES UPON THE PUBLIC STREET RIGHTS -OF -WAY OF THE CITY: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: SECTION l: Definitions For purposes of this Ordinance, certain words used herein shall have the meaning as set forth below: Commercial Vehicle: Any motor vehicle which: Has its title and registration listed to a business or commercial entity; Displays signs of a business or commercial character; or Is of a design or use which makes it impractical for passenger carrying purposes. Prohibited Vehicle: Any motor vehicle which this or any other ordinance prohibits being parked upon any street or street right-of-way. Emergency Vehicle: Arty ambulance, rescue, police, fire or utility service vehicle in the process of rendering aid or service. Delivery Vehicle: Any United States Postal Service vehicle, any vehicle of United Parcel Service or Federal Express other lawful carrier engaged in pickup or delivery, or any van or vehicle engaged in moving of furniture or goads to or from any location while proper traffic safety procedures and safeguards are in place, including Service and Construction vehicles. Appeal: An application, directed in writing to the City Council, setting forth certain and definite claims of hardship imposed by the enforcement of this Ordinance and seeking the minimum relief required in the interest of justice, filed in a timely manner for inclusion on the Council's current agenda. Infrequent Event: The lathering or assemblage of guests at a particular premises during ce'-ebrations, reunions, memorials or similar functions. Special i.imited Permit: A placard issued by direction of the City Council when an appeal has been granted; may also be issued for a limited special event upon application to the zoning officer. Such placard shall state the time period during which it is valid and the address of premises where it is valid . Such permit shall not be transferrable to any other location. Permit shall be displayed so as to be clearly arid readily visible from the front of the premises for which it was issued. Improper use or display may operate to render the permit void. SECTION 1 AIM)Iicabiliq This Ordinance shall apply to all rights--of-way of all City streets, except where parking has been duly established and spaces provided by the City. PA �wa) L? U ' O .?EN 73 (� U (. u.ic. a o- O ax- _� 6< ZU- '6 r SECTION 3: Restrictions Outside areas of established public parking, from and after the effective date of this Ordinance no vehicle shall be parked or stored within the public right-of-way of streets within the Corporate Limits of Fairhope, Alabama for a longer period of time than four hours on a recurring basis. Commercial vehicles may not be parked or stored on the public street rights -of -way abutting a residential use at any time. Any type vehicle prohibited from public street parking by any other ordinance is deemed likewise prohibited herein. This section shall not apply to emergency, service, construction or delivery vehicles while properly engaged in essential functions. Nor shall it apply during infrequent events as defined herein, where permitted under this Ordinance. Section 4: Remedy Where an enforcement officer reasonably believes that the parking of one or more vehicles in violation of this ordinance represents an imminent danger to life or property and the owner of such vehicle cannot be readily contacted, such officer is hereby authorized to have the vehicle or vehicles towed away to a place of storage as prescribed in Section 12-11 (d) (1) of the Fairhope Code of Ordinances. Section 5: Penalty Any enforcement officer, including police, of the City of Fairhope, may issue a Municipal Offense Ticket for any vehicle found in violation of this Ordinance, pursuant to Sections 10-27, 10-28, 10-29 and 10-30 of the Fairhope Code of Ordinances. Section 6: Severability Each phrase, sentence, paragraph, section or other provision of this ordinance is severable from all other such phrases, sentences, paragraphs, sections and provisions. Should any such part of this ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect any other such portion or provision of this ordinance. Section 7: Effective Date This ordinance shall take effect upon its due adoption and publication as provided by law. ADOPTED THIS THE 10`h DAY OF MARCH 1999. ATTEST: Gemece W. Johagion, City Clerk 6-e�s' Y�jl b P 'Nix, Mayor .9 V AFFIDAVIT: This is ca a y _'a: she'vUCe:aC'+en�Selne..- e- aCOear:� in: _ The 3ai-'.min Tines, Say Mire::a.A..L r7i-e 3uile:in.Daphne.AL CThe =ar=op_ Courie^ e. A. The In?-! AL T^e C rt:ccken. Fciey.AL _The Is!an:er. Gu:f Shcres.A.L a wee<!y n ews:ape. CUCiiS'9Jin Coun;;.A!a�arna X /eeke-_ c�i:.Cn (inC'ures T,. =air Cour._ .The OniCok_- Is:arC_-.2n The 3,:!!e..-) P.�:iiCa: =- D2:? Cos:: x . a:! 3 - i 3 1a5 x . Le c s 1 ) to -OCR CU-in t1XJ 3iL: TC%' l - 1 1 J a�r ,�o4 _6� 6 0 Gulf Ccv--t Newspapers P.O. sox 5C9 Rober_sdiale.AL 36567 Phone (334) 947-7712 Scace of Alabama MY COMMISSION EXPIRES MAY12, 2002 County of Baldwin Swcrn :c and fubs:-ibed bercre -e _ :s /.- coy of ♦Vn ��6^t�t.��j ,NI(i _ TAT .l ORDINANC NO.104d ad so as �o' AN ORDINANCE TO PRO• prla cl"Hy� and readily visible from the I MOTE THE PUBLIC HEALTH SAFETY AND WELFARE 60 front of the promises for which it was Issued. Im- THE CITY OF FAIRHOPE, ALABAMA BY RESTRICTING proper use or display may f PARKING OF VEHICLES operate to render the permit void. UPON THE PUBLIC STREET- SECTION 2: Applicability RIGHTS -OF -WAY OF THE CITY This Ordinance shall apply to all rights -of -way of all City BE IT ORDAINED BY THE streets, except where park - CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, Ing has been duly estab- lisped and spaces provided as follows: SECTION 1: Definitions by the City. SECTION 3: Restrictions For purposes of this Or. Outside areas of estab- dinance, certain words used lisped public parking, from herein shall have the man. and after the effective date of Ing as set forth below: this Ordinance no vehicle Commercial Vehicle: Any shall be parked or stored motor vehicle which: within the public right -of - Has its title and registra. way of streets within the tion listed to a business or Corporate Limits of Fair - commercial entity; hope, Alabama for a longer Displays signs of a bust- period of time than four nas or commercial charac. hours on a recurring basis. lter, or Commercial vehicles may Is of a design or use which not be parked or stored on makes it Impractical for pas- the public street ri hts-of- sengerearryingpurposes. Prohibited way abutting a residential Vehicle: Any motor vehicle which this use at any time. Any type ve- hicle from or any other ordinance prohi- prohibited public street parking by any other bits being parked upon any ordinance is deemed like - street or street rt htof-way Emergency wise prohibited herein. This Vehicle. Any section shall not apply to ambulance, rescue, police, fire or utility service vehicle *marggency, service, con - struMn or delivery v*hicles In the process of rendering while properly engaged In aid or service essential functions. Nor Delivery Vehicle: Any shall it apply during Infre- UnIt States Postal Service quent events as defined v*hlcle, any vehicls of United Parcel Service or herein where permitted under this Ordinance. Federal Express other lawful SECTION 4: Remedy carrlar engaged In pickup or Where an enforcement delivery, or any van or vehl- officer reasonably believes cle engaged In moving of furniture that the parking of one or In or goods to or from alocation while proper traffic safety more vehicles violation of this ordinance represents an Imminent danger to life proe*dures and safeggwrds In In. or the are place Service and too- property and owner of such vehicle cannot be Icludfng airuction vehicles I readily contacted, such offl- Ap 1: An application, t dlrin writing to the Chy cer is hereby authorized to I have the Council settingp forth certain vehicle or vehicles towed away to a place of and d@Anhe cralms of hard- storage as prescribed in ship Imposed by the enfor- cement of this Ordinance Section 12-11 (d) (1)) of the Falrhops Code of Ordinan- and seeking the minimum r*- ces. list required In the Interest of SECTION a: Penalty justice, filed In a timely man- Any enforcement officer, nw for Inclusion on the including police, of the City Council's current agenda Infrequent Event: The of Falrhops may Issue a Municipal Odense Ticket for gathering or assemblage oft any vehicle found in viola - guests at a particular pre- lion of this Ordinance, pur- mises during celebrations,,' susnt to Sections 10-27, reunions, memorials or aiml- 10-28, 10-29 and 10-30 of the larfuncllons ( Falrhops Code of Ordinan. ` Special Limited Permit: A ces. ► `placard Issued byy direction SECTION 8. Severebiiity of the City CournclI when an Each phrase, s*ntsnee lappal has been granted, rmay also be Issued pens aph, section or other for a elm- special went l provPslon of this ordinance Is ltiled upon als plbation to the zoning severable from all other, o car. Such placard shall state the time pe�ad during such phrases, sentences paragraphs, aclralions o which , -,provisions. Should any such I It Is valid and the address or 'part of this ordinance be de- premisa where It Is valid, clared by the courts to be Such permit shall not be unconstitutional or Invalid, I transfarrable to any other lo. I buch declaration shall not at_ cation. Permit shall be dis- Ject any other such portion r provision of this ord1n. SECTION 7: Effective Date This Ordinance shall take affect up.on he due adoption r- -- OBO.937-2013 A Mitsubishi Montero SR, '! All options, perfect cond., f _t *-n r%Ofl 097_70A4