Historically, special events at JDK Park, Aquatics Center, CDO High School, etc. would request the suspension of the longstanding No Parking restrictions along the adjacent right-of-way (ROW). The purpose was to allow for additional parking that a facility could not accommodate onsite for said special events. Typically, a request would be submitted to the Police Department and Public Works. If there is agreement on the need for action, then Public Works would place covers (otherwise referred to as "bagging") over the No Parking signs to suspend their regulatory authority. This is a long-standing practice that precedes current staff.
However, after placing the new No Parking signs in and around the Calle Buena Vista and Calle Concordia area, and shortly thereafter receiving a request from OVCN to bag these signs, staff discovered that it does not have the specific authority within the Town Code to "bag" signs. Only Council has the authority to place or remove restrictions within the ROW.
Since it would not be practical to bring every request forward to the Town Council, and this is a longstanding practice, staff is requesting that the Town Code be updated (Existing code in normal text, new code Italianized and bold)
11-4-2 Authority to Erect Signs Restricting Parking.
A. Pursuant to ARS 28-643 and within the reasonable exercise of the Oro Valley Police power, the local authority shall place and maintain the traffic control devices on highways under their jurisdiction as they deem necessary to indicate and to carry out local traffic ordinances or to regulate, warn or guide traffic. All traffic control devices erected shall conform to the manual and specifications prescribed in ARS 28-641.
B. The Police Chief or Town Engineer, upon approval by the Council, may erect signs requiring parking at an angle to the curb, allowing parking on the left hand curb on one-way streets, notifying drivers that parking is prohibited, and restricting parking in any way that may be necessary. No parking restrictions shall become effective until such restricted parking area is specifically designated by resolution of the Council and signs have been erected or written notice given as authorized by this Section; provided, that all signs restricting parking now in place are hereby ratified and approved as so placed. It is a civil traffic violation for any person to stop or stand a vehicle in disobedience to such parking restrictions.
C. In lieu of providing signage, the Town may attach a written notice to the owner of record of the vehicle, giving the responsible individual twenty-four (24) hours to remove the vehicle. ((O)01-01, 01/17/2001)
D. Under special circumstances, such as a special event, a landowner (or special event coordinator) may request that No-Parking signs and associated restrictions on public streets, within a 1,000-foot radius of their property, be temporarily suspended via “bagging”, subject to the following:
1. An application request is submitted to the Town Engineer that specifies:
a. Date(s)/Time(s) of the special event, the anticipated attendance and number of vehicles anticipated requiring parking, and the capacity of their own facilities to accommodate said parking.
b. Written proof that the landowner (or special event coordinator) has reached out to all private, governmental, or religious entities who themselves own parking facilities, within 1,000-feet of the subject property, and have been denied use of these facilities for the specified special event.
c. The application will not be considered complete without all the afore mentioned information contained within.
2. The Town Engineer and the Police Chief will consider a completed application, and upon consultation with each other, either approve or deny based on public safety concerns.
3. If the application is approved, the Town Engineer will have the authority to “bag” the specified No-Parking signs, thus temporarily suspending the No-Parking restriction until the special event is over and the bags are removed.
This new code will create both the authority and a process in which decisions for bagging No Parking signs will not be arbitrary.
|
