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AGENDA ITEM REVIEW FORM |
6.G.
Special City Council Meeting
- Meeting Date:
- 12/28/2022
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
Ordinance
Ordinance
ITEM:
Discussion and possible action on any and all matters regarding Ordinance No. 433. An ordinance of the Mayor and City Council of the City of San Luis, Arizona, amending City Code § 10.15.235, titled, Parking in Alleys; continuing the penalty for violations under City Code § 10.15.990; repealing any conflicting provisions and providing for severability. (Miguel Alvarez, Police Lieutenant)
A. Action on Ordinance No. 433 to read by title only
(City Clerk to Read Ordinance No. 433 by title only)
B. Action on Ordinance No. 433
SUMMARY:
It is important that the City Code is clear as to what is allowed and what is not allowed in alleys. The city’s fire trucks do not have proper access in an emergency to alleys if vehicles are parked there and the city’s solid waste collection trucks cannot pick up and empty trash containers in alleys where vehicles are parked. Ordinance No. 433 Changes City Cod § 10.15.235 regarding parking in alleys in three ways.
(1) To accommodate modern solid waste collection trucks and fire engines, the ordinance gives eighteen (18) feet clearance rather than ten (10) feet clearance.
(2) The prohibition on blocking driveways is in a separate subsection for clarity and ease of enforcement.
(3) Finally, there has been confusion about the meaning of loading and unloading in alleys. Simply adding the word "briefly" and removing the distinction for commercial vehicles fixes the ambiguity. So Ordinance No. 433 states:
(1) To accommodate modern solid waste collection trucks and fire engines, the ordinance gives eighteen (18) feet clearance rather than ten (10) feet clearance.
(2) The prohibition on blocking driveways is in a separate subsection for clarity and ease of enforcement.
(3) Finally, there has been confusion about the meaning of loading and unloading in alleys. Simply adding the word "briefly" and removing the distinction for commercial vehicles fixes the ambiguity. So Ordinance No. 433 states:
"No person shall stop, stand, or park a vehicle within an alley except for the purpose of briefly loading and unloading (including, but not limited to, assisting a disabled person in getting in or out of a vehicle) and then not for a period longer than is actually necessary to load or unload." [Emphasis added here for clarity.]
Currently, the City Code makes it clear that the vehicle cannot be unattended during this brief period. It states:
"No person shall leave a vehicle unattended during loading and unloading as described in the above subsection."
RECOMMENDATION / SUGGESTED MOTION:
A. I MOVE TO APPROVE THE READING ORDINANCE NO. 433 BY TITLE ONLY.
(City Clerk to read Ordinance No. 433 by title only)
B. I MOVE TO APPROVE AND ADOPT ORDINANCE NO. 433.
(City Clerk to read Ordinance No. 433 by title only)
B. I MOVE TO APPROVE AND ADOPT ORDINANCE NO. 433.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- No.
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
There are no discernable additional costs to operations. This ordinance merely amends the City Code to clarify the meaning.