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O-2004-10

AN ORDINANCE

ADDING CHAPTER 10.37 PERTAINING TO ON-STREET PAID PARKING AND AMENDING SECTIONS 10.66.020 AND 10.76.150 OF TITLE 10 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO VEHICLES AND TRAFFIC

WHEREAS, the City of Lakewood ("City") is a home-rule city with full authority to regulate traffic and vehicle parking within its public right-of-way; and,

WHEREAS, the City possesses the authority to contract with other cities and governmental entities to provide any function, service or facility lawfully authorized to each of the contracting entities; and,

WHEREAS, The Plaza Metropolitan District No. 1 (the "District") and The Plaza Metropolitan District Nos. 2 and 3 are Metropolitan Districts organized under Title 32 of the Colorado Revised Statutes and were organized to serve the needs of a development located within the City, known as the Belmar Site (as hereinafter described), which will generally be comprised of residential, commercial and office space; and,

WHEREAS, the District has the authority pursuant to C.R.S. 32-1-1004(1)(b) to erect and maintain traffic and safety controls and devices on streets and highways; and,

WHEREAS, both the City and the Districts are governmental entities and are authorized to enter into Agreements as set forth in C.R.S. 29-1-201, et. seq.; and,

WHEREAS, the Belmar Site is unique in the mixed use character of residential, commercial and office space and its use of traffic controls and on-street parking; and,

WHEREAS, the Belmar Site will include on-street paid parking which currently does not exist elsewhere within the City; and,

WHEREAS, the most efficient and cost-effective way to manage the on-street paid parking is through active participation by the District in said management; and,

WHEREAS, the City and the District will enter into an agreement for performing and funding certain services and functions relating to on-street parking at the Belmar Site and regarding use of revenue generated from on-street parking at the Belmar Site.

NOW, THEREFORE, BE IT ORDAINED By The City Council of The City of Lakewood, Colorado, that:

Section 1. A new Chapter 10.37 relating to on-street paid parking is added to the Lakewood Municipal Code to read as follows:

10.37.010 PURPOSE.

A. This ordinance will create an on-street paid parking program at only the Belmar Site to advance the public health, safety and welfare as it relates to traffic control and traffic safety. Specifically, the goals of the program are to ensure the availability and turnover of convenient on street parking spaces in the commercial core of the Belmar Site to serve the needs of customers, visitors and merchants. The City is a home-rule city with full authority to regulate traffic and vehicle parking within its public right-of-way.

B. The City possesses the authority to contract with other cities and governmental entities to provide any function, service or facility lawfully authorized to each of the contracting entities. The City possesses the authority to contract with and delegate to political subdivisions of the state the City's authority to operate and maintain an on-street paid parking system.

C. Any delegation of authority to, or contracting with, a political subdivision of the State for the operation, maintenance and management of an on-street paid parking program shall comport with the provisions of this Chapter.

10.37.020 DEFINITIONS.

For the purposes of this Chapter, the words and phrases used herein, unless the context indicates otherwise, shall have the following meaning:

"Belmar Site" consists of the Service Areas of The Plaza Metropolitan District No. 1, The Plaza Metropolitan District No. 2, and The Plaza Metropolitan District No. 3 as legally described more specifically in an Exhibit on file in the City Clerk's Office as may be amended from time to time. The Belmar Site is generally described as being bounded on the north by West Alameda Avenue, on the west by South Wadsworth Boulevard, on the south by Center Avenue, and on the east by Quay Street.

"District" means The Plaza Metropolitan District No. 1, a Metropolitan District organized under Title 32 of the Colorado Revised Statutes located within the City.

"Parking kiosk zone" means an area designated by official traffic control devices in which a vehicle may be lawfully parked after proper payment is made at a parking kiosk.

10.37.030 CITY DELEGATION OF AUTHORITY TO THE PLAZA METROPOLITAN DISTRICT NO. 1 LOCATED AT THE BELMAR SITE.

A. It is the intent of this Section for the City to delegate the authority to operate, maintain and manage an on-street paid parking program within the Belmar Site to The Plaza Metropolitan District No. 1. The City is a home-rule city with full authority to regulate traffic and vehicle parking within its public rights-of-way and the District possesses the authority as set forth in C.R.S. 32-1-1004(1)(b) to erect and maintain traffic and safety controls and devices on streets and highways. Both the City and the District are governmental entities and are authorized to enter into Intergovernmental Agreements as set forth in C.R.S. 29-1-201, et. seq. The authority delegated in relation to on-street paid parking shall be only that authority specifically set forth herein.

B. This delegation of authority set forth in this Section applies only to the Belmar Site.

10.37.040 DESIGNATION OF PAID PARKING.

The District is hereby authorized to purchase, lease, or otherwise acquire and install, as many parking kiosks as may be necessary to install along the block faces within the designated parking kiosk zones to serve the paid parking spaces provided under this Chapter. The District, in consultation with the City Traffic Engineer, shall designate the public streets or public ways, or portions thereof, upon which parking kiosks shall be located and installed, and shall install the parking kiosks in accordance therewith. The District, in consultation with the City Traffic Engineer, shall determine for the purpose of ensuring the availability of convenient, short-term parking on the street and relieving traffic congestion within the Belmar Site, how many parking kiosks shall be placed in any area designated as a parking kiosk zone.

10.37.050 DESIGN OF PARKING KIOSKS.

Parking kiosks installed as provided in this chapter shall be so designed, constructed, installed and set as to meet the following conditions:

A. The parking kiosks shall be capable of being operated upon the deposit of one or more coins of United States currency or authorized tokens, or the making of payment by the use of credit card, banking card, debit card, electronic fund transfer card, or guaranteed check card that can legally be used to pay for the full period of time for which parking is lawfully permitted in any parking kiosk zone or for an appropriate fractional period of time.

B. Upon payment, a parking kiosk shall issue a printed parking receipt indicating the date of issuance, and expiration time of the interval of authorized parking at which time the payee may no longer remain lawfully parked within the parking kiosk zone. The parking receipt shall authorize parking for the full period of time for which parking is lawfully permitted in any parking kiosk zone, or for an appropriate fractional period of time.

C. Each parking kiosk shall bear an authorized sign or message clearly legible indicating the days and hours when the requirement to deposit coins or tokens or to otherwise make payment shall apply, the value of the payment required to be deposited or made, and the limited period of time for which parking is lawfully permitted in the parking kiosk zone in which the kiosk is located.

10.37.060 PAYMENT OF PARKING FEE REQUIRED.

A. No person shall park a vehicle in any parking kiosk zone on a public street, as indicated by official signs, during the restricted and regulated time applicable to the parking kiosk zone, unless a valid parking receipt is displayed on the dashboard of the parked vehicle. The parking receipt must be displayed on the dashboard so as to be clearly legible from outside of the parked vehicle and must indicate an unexpired interval of time. No person shall display more than one parking receipt on the dashboard of any vehicle at one time.

B. Any vehicle parked in a parking kiosk zone on a public street shall be parked either parallel or diagonal to the curb, as may be indicated by official signs. Vehicles parked in a manner so that any portion of the vehicle is within the parking kiosk zone shall be required to pay the amount indicated by the parking kiosks and associated signage for parking in that zone.

C. If a vehicle remains parked in the parking kiosk zone on a public street beyond the authorized interval of time stated on the parking receipt, such vehicle shall be in violation of this section. Every additional period of parking beyond the maximum period of parking time allowed shall constitute a separate offense.

D. Any person who violates any provision of this section commits a Class 4 traffic offense.

10.37.070 EXTENDING TIME PROHIBITED.

It shall be unlawful for any person to permit a vehicle to remain parked in a parking kiosk zone on a public street for longer than the maximum time that can be purchased from a parking kiosk at any one time, except during those times and dates indicated on the parking kiosk when no payment for parking need be made. Any person who violates any provision of this section commits a Class 4 traffic offense.

10.37.080 USE OF SLUGS OR TAMPERING WITH PARKING KIOSKS PROHIBITED.

A. It shall be unlawful for any person to deposit or cause to be deposited in any parking kiosk any slug or metallic substitute for any coin of the United States, or to deposit therein any lawful coin that is bent, cut, torn, battered or otherwise misshapen or to otherwise use any device in a parking kiosk which is not permitted herein or which is not lawful payment.

B. It shall be unlawful for any person to deface, injure, tamper with, willfully break, destroy or impair the usefulness of any parking kiosk or sign installed under the terms of this chapter.

C. It shall be unlawful for any person to place any sack or covering over, upon or around any parking kiosk or otherwise indicate or show that the parking kiosk is inoperative or inapplicable without proper authority to do so.

10.37.090 PARKING IN SPACE REQUIRED.

A vehicle parked in a parking kiosk zone on a public street shall be parked entirely within one individual parking space if such space is indicated by traffic control markings. Any person who violates any provision of this section commits a Class 4 traffic offense.

10.37.100 REGULATIONS NOT EXCLUSIVE.

The provisions of this Chapter shall not relieve any person from the duty to observe other and more restrictive provisions contained in Title 10 of the Lakewood Municipal Code which prohibit or limit the stopping, standing, or parking of vehicles in specified places, at specified times, or in a specified manner.

10.37.110 APPLICABILITY

The provisions of this chapter are only applicable to violations occurring within the Belmar Site.

10.37.120 AUTHORITY OF PARKING CONTROL ATTENDANTS.

A parking control attendant is defined as any person designated by the District who shall have the nonexclusive power and authority to issue municipal parking summonses and complaints for violations of the Lakewood Traffic Code pertaining to parking on the public right-of-ways within said districts and for violations of Section 10.36.030 Parking Privileges for Persons with Disabilities which occur on public property or on private property available for public use within the boundaries of said districts. Parking control attendants shall not have the authority to order the towing or impoundment of any vehicle located on the public right-of-ways. Nothing contained in this subsection shall vest or be taken to vest in parking control attendants other powers, duties, rights, and emoluments of sworn police agents of the City of Lakewood.

10.37.130 FUND CREATED.

There is established a fund of the City of Lakewood to be known as the Belmar Parking Fund. All fines collected for a violation of this Chapter resulting in a conviction, a judgment of liability by default, or a plea of guilty or nolo contendere shall be paid to the clerk of the court, who shall deposit same in the Belmar Parking Fund as established by this Section.

SECTION 2: Section 10.66.020 of the Lakewood Municipal Code is amended by the addition of a new subsection E to read as follows:

10.66.020 FORMS AND NOTICES OF ARREST OR APPEARANCE

E. The Lakewood Municipal Court shall accept parking summonses and complaints in an electronic form approved by the municipal court and shall accept electronic submission of the same information in a format approved by the municipal court. The traffic violations bureau shall be responsible for the storage and retention of said electronically transmitted parking summonses and complaints as mandated by Section 10.69.020.

SECTION 3: Section 10.76.150 of the Lakewood Municipal Code is amended to read as follows:

10.76.150 COLLECTION OF JUDGMENTS.

Upon entry of a judgment under this chapter, the municipal court may initiate collection proceedings against any defendant who has failed to pay any outstanding fines, court costs, court fees, or surcharges, which have been imposed by the municipal court. The defendant is responsible for the collection costs incurred by the City as a result of his failure to pay. In addition to all legal and administrative enforcement or collection procedures and remedies otherwise available, the city attorney is authorized to file a civil action with any state court having appropriate jurisdiction, which filing shall include a certified copy of the judgment, praying for judgment based on the total amount authorized to proceed with all judgment, execution, and collection procedures authorized by law for the amount of the judgment, costs, and fees incurred in such proceedings.

Section 4. Effective date. This ordinance shall take effect thirty (30) days after final publication.

I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 22nd day of March, 2004; published in full in the Lakewood Sentinel on the 25th day of March, 2004; set for public hearing on the 12th day of April, 2004; read, finally passed and adopted by the City Council on the 12th day of April, 2004; and, signed and approved by the Mayor on the 13th day of April, 2004.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

Approved as to form:
City Attorney

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