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Home My WebLink AboutO-1474ORDINANCE NO. 1474 AN ORDINANCE TO AMEND AND ADD TO CHAPTER 20 TRAFFIC, ARTICLE II. PARKING, SECTIONS TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE BY PROVIDING POLICY, PROCEDURE AND PENALTIES FOR PARKING WITHIN THE CITY OF FAIRHOPE; AND FOR HANDICAPPED PARKING VIOLATIONS, FAIRHOPE CODE OF ORDINANCES BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: ARTICLE II. — PARKING SECTION 1. The Code of Ordinances, City of Fairhope, Alabama, Chapter 20 Traffic, Article II. Parking, Division 1. Generally, is hereby amended to reflect the following changes and additions: Section 20-47. Parking in Private Parking Lots in the Central Business District; Obedience to Signs and Markings in the Central Business District. a) Section 20-47 shall only apply to properties within the City of Fairhope Central Business District as defined in Article V, Section B. in the Fairhope Zoning Ordinance No. 1253. b) It shall be unlawful for any person to park, cause to be parked or knowingly permit any automobile or other motor vehicle to be parked, on any private property open to the public in violation of any lawfully posted sign or marking or in violation of any provision of this section, except as specifically noted elsewhere in Section 20-47. c) The presence of an unattended automobile or other motor vehicle parked on the streets, public places, or private property open to the public, in violation of any ordinance shall raise a prima facie presumption that the registered owner of the automobile or together motor vehicle committed or authorized the parking violation, and the burden of proof shall be upon the registered owner to show otherwise. (As stated in part; Section 32-5- 152, Code of Alabama) d) The phrase "any sign or marking", or any combination or variation of the phrase used in this section, shall only apply to instruments lawfully placed and shall include both temporary signs and markings placed for special events and fixed signs and markings placed to control parking on a permanent basis. Signs and markings should be designed to meet the requirements of the Manual on Uniform Traffic Control Devices, as revised. e) Any certified law enforcement officer of the City, may go onto private property which is open to the public within the Central Business District to enforce the provisions of this section. The owner or manager, having control of private parking lots, shall request to City of Fairhope Police Dispatch that a citation be written. The property owner or manager requesting the citation shall be present at the time the citation is written to verify the vehicle subject to the citation is unlawfully parked in the aforementioned private parking lot open to the public. f) For the purposes of this section, private property open to the public shall include all retail establishments with parking facilities for use by customers and any and all businesses, organizations, corporations, or establishments, whether publicly or privately owned, with parking facilities for use by customers, patrons, clients, and guests. Ordinance No. 1474 Page 2 of 3 g) Any owner or manager having control of private property open to the public by placing, posting or maintaining any sign or marking which meets the requirements of this section and which a reasonable person would recognize as having the purpose of lawfully controlling parking, shall be deemed to have given consent to the City to enforce the applicable parking ordinance on said property. h) Any certified law enforcement officer of the City, is authorized to issue citations for violation of the municipal parking ordinance. Violations of the municipal parking ordinance shall be cited using the appropriate municipal violation citation form, and such citations are returnable to the municipal court. Any person violating any provision of this section relating to parking shall be guilty of a municipal parking offense and, upon conviction, shall be punished for each offense by a fine of fifty dollars ($50.00). In addition, costs of fifteen dollars ($15.00) shall be taxed for each contested disposition of a municipal parking offense defined in this division. Such offense and fine and costs amounts are hereby made a part of the schedule of municipal offenses, fines and costs authorized under Rule 19(B) of the Alabama Rules of Judicial Administration. i) Upon issuance of a municipal ordinance violation citation for a parking violation, the violator shall receive a court dated in the same manner as traffic citations. The violator shall pay the fine prior to the court date in the same manner as traffic citations or will appear in municipal court at the appointed date and time. If the violator, or person to whom the vehicle was registered at the time the citation was issued, fails to either pay the fine prior to the court date or fails to appear in municipal court at the appointed date and time, the municipal court magistrate may issue a summons to the person or persons to whom the vehicle was registered at the time the citation was issued or the magistrate may issue an arrest warrant for the person to whom the vehicle was registered at the time the citation was issued in lieu of a summons. If a violation of a municipal parking ordinance is heard in municipal court, the municipal courtjudge shall impose court costs. j) Signage indicating private parking lots open to the public shall be limited to two (2) square feet (24 inches vertical dimension by 12 inches horizontal dimension) and may be posted at each entrance to the parking lot seven (7) foot from the top of the ground to bottom of the sign. The sign color shall consist of black lettering no less than one (1) inch on a white reflective background. Section 20-48. Unauthorized use of handicapped parking places. a) Section 20-48 shall apply to all of the Fairhope Corporate limits and the police jurisdiction. b) It shall be unlawful for any person who does not have a distinctive special long-term access or long-term disability access license plate or placard or temporary disability placard duly issued to such person and currently in effect to park a vehicle in a parking place designated for individuals with disabilities on any public or private property within the corporate limits or police jurisdiction of the City of Fairhope. Upon conviction, notwithstanding any other penalty provision which may be authorized or employed, shall be fined a minimum of fifty dollars ($50.00) for the first offense, a minimum of two hundred dollars ($200.00) for the second offense, and a maximum of five hundred dollars ($500.00) for the third or any subsequent offense. In addition, for the second or any subsequent offense under this section, the person shall be ordered by the court to perform a minimum of 40 hours of either of the following forms of community service: Ordinance No. 1474 Page 3 of 3 a. Community service for a nonprofit organization that serves the disabled community or serves persons who have a disabling disease. b. Any other community service that may sensitize the persons to the needs and obstacles faced daily by persons who have disabilities. c) Upon issuance of a municipal ordinance violation citation for a parking violation under this section, the violator shall receive a court dated in the same manner as traffic citations. The violator shall pay the fine prior to the court date in the same manner as traffic citations or will appear in municipal court at the appointed date and time. If the violator, or person to whom the vehicle was registered at the time the citation was issued, fails to either pay the fine prior to the court date or fails to appear in municipal court at the appointed date and time, the municipal court magistrate may issue a summons to the person or persons to whom the vehicle was registered at the time the citation was issued or the magistrate may issue an arrest warrant for the person to whom the vehicle was registered at the time the citation was issued in lieu of a summons. If a violation of a municipal parking ordinance is heard in municipal court, the municipal court judge shall impose court costs. SECTION 2. The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3. This ordinance shall take effect upon its due adoption and publication as required by law. ADOPTED THIS 1 OTH DAY OF SEPTEMBER, 2012 ATTEST: ALisak-11�nks,' MMC City Cler a 0