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14-1609 City Code Parking Code Updates - Prohibiting Parking in Fire Lane or in Space Designated for Disabled PersonsCITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 5-1-2(B)(8), AUTHORIZING FIRE CHIEF TO SOLICIT ASSISTANCE FROM POLICE AND CODE ENFORCEMENT OFFICERS IN KEEPING FIRE LANES FREE FROM VEHICLES; AMENDING MERIDIAN CITY CODE SECTION 7-2-5(A)(3)(H) TO REGULATE PARKING OF UNREGISTERED VEHICLES ON PUBLIC STREETS; REPEALING MERIDIAN CITY CODE SECTION 7-2-8, PARKING CODE ENFORCEMENT AUTHORITY, TICKETS, AND PROCEDURES; ADOPTING NEW PROVISIONS OF TITLE 7, CHAPTER 2, MERIDIAN CITY CODE, REGARDING PARKING IN FIRE LANE, PARKING IN SPACE DESIGNATED FOR PERSONS WITH DISABILITY, AND PARKING CODE ENFORCEMENT AUTHORITY, TICKETS, AND PROCEDURES; AMENDING MERIDIAN CITY CODE SECTION 10-4-2, RELATING TO AMENDMENT OF 2012 INTERNATIONAL FIRE CODE SECTION 109.4, RELATING TO VIOLATION PENALTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the public interest of the City of Meridian would be best served by empowering police and code enforcement officers to enforce the provision of the fire code preventing parking in a fire lane; and WHEREAS, by incorporating into Meridian City Code a prohibition on parking in a space designated for persons with disability, officers may enforce these provisions by posting parking tickets on vehicles parked in violation of this provision, rather than serving uniform citations on the vehicle owners; and WHEREAS, the City Council of the City of Meridian hereby finds that good cause exists for an amendment to the 2012 International Fire Code (IFC); that such amendment is reasonably necessary for the protection of the public health, safety, and welfare; and that it does establish at least an equivalent level of protection to that of the 2012 IFC; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 5-1-2(B)(8) is hereby amended as follows. B. Functions, Powers and Duties: In addition to those general functions, powers and duties given to the Department head by other provisions of this Code, the Fire Chief shall: 8. Solicit, or cause to be solicited by his designee, police officers to assist in dir-eeting-tr-te a bleek ding streets it order to keep keeping streets and highways in the vicinity of the an emergency, free from vehicles, and solicit, or cause to be solicited by his designee, police and code enforcement officers to assist in keepina fire lanes and fire apparatus access roads free from vehicles. Section 2. That two new sections, Meridian City Code sections 7-2-5(A)(3)(d) and (e), are added to Meridian City Code section 7-2-5(A)(3), to read as follows. PARKING CODE UPDATE - FIRE LANE, PARKING IN SPACE DESIGNATED FOR PERSONS WITH DISABILITY PAGE I OF 5 A. Parking On Public Streets: No person shall park or place, or cause to be parked or placed, upon any public street, regardless of whether attended or unattended: 3. For any length of time, except as otherwise allowed in this section: a. Any vehicle, either motorized or nonmotorized, having a GV WR greater than twelve thousand (12,000) pounds, unless such vehicle is a motor home or recreational vehicle, in which case the provisions of subsection Alb of this section shall apply. b. Any pole trailer or semitrailer. c. Any vehicle designed or used primarily as farm or construction equipment. d. Any vehicle without license1p ates. e. Any vehicle without current registration. Section 3. That Meridian City Code section 7-2-8 is hereby repealed. Section 4. That the following provisions shall be added to Title 7, Chapter 2, Meridian City Code: 7-2-8: PARKING IN FIRE LANE: Except in compliance with law or the direction of a police officer or fire fighter, no person shall park a vehicle in any fire apparatus access road in violation of International Fire Code, 2012 edition, section 503.4, or like provision subsequently adopted, where such fire apparatus access road is marked in accordance with International Fire Code, 2012 edition, sections 503.3 and D 103.6, or like provisions subsequently adopted. The fire code official, and/or his designee, including police and code enforcement officers of the Meridian Police Department, shall be authorized to enter upon private property open to public use to investigate and enforce violations of this section. 7-2-9: PARKING IN SPACE DESIGNATED FOR PERSONS WITH DISABILITY: A. Parking a vehicle or the standing of a vehicle in a space reserved for a person with a disability, which space is signed in conformance with the requirements specified in Idaho Code section 49- 213(1)(c), is prohibited, unless a vehicle is momentarily in the space for the purpose of allowing a person with a disability to enter or leave the vehicle, or unless special license plates or placard or temporary placard for a person with a disability is displayed on the vehicle. It is prohibited for any person to park a motor vehicle in a properly marked access aisle in a manner which prevents or reasonably could restrict a person with a disability from entering or exiting their vehicle or in such manner as it would block access to a curb cut or ramp. In addition to other penalties set forth in this chapter, vehicles parked in violation of this section may be towed. B. Police and code enforcement officers of the Meridian Police Department shall be authorized to enter upon private property open to public use to enforce the provisions of this section. 7-2-10: ENFORCEMENT AUTHORITY; PARKING TICKETS AND PROCEDURES: A. Enforcement of Parking Regulations: Except as otherwise designated herein, police officers and code enforcement officers of the Meridian Police Department, upon observing a vehicle parked, standing or stopped in violation of any provision of this chapter, may leave upon such vehicle a separate ticket for each violation or posted time limit as frequently as every two (2) hours that such vehicle is parked or placed in violation of the provisions of this chapter. PARKING CODE UPDATE - FIRE LANE, PARKING IN SPACE DESIGNATED FOR PERSONS WITH DISABILITY PAGE 2 OF 5 B. Contents Of Ticket: Each parking ticket shall bear the date and hour of leaving the same at or upon the vehicle, make and license number of such vehicle, the specific code section violated, the amount of the fine, and the address to which payment of such fine shall be mailed or delivered. C. Filing Of Tickets: One copy of each ticket issued shall be filed with the police department. D. Responsibility For Violation: If any vehicle is found stopped, standing or parked in any manner violative of the provisions of this chapter, the owner or person in whose name said vehicle is registered or the named lessee in a rental or lease agreement of said vehicle shall be held prima facie responsible for said violation. E. Administrative Procedure; Payment of Parking Fines: Each person receiving a parking ticket under this chapter left upon his or her vehicle shall: Fine Schedule: Within seven (7) days of the time of such ticket, pay to the police department in full satisfaction of such violation, the amount indicated in the following fine schedule for each notice left upon his or her vehicle. a. Fifteen dollars ($15.00) for each violation of section 7-2-2, "Prohibited Parking," or 7-2-3, "Parallel or Angle Parking," or 7-2-7, "Parking On City Property Where Parking Permit Required," of this chapter. b. Thirty five dollars ($35.00) for each violation of section 7-2-4, "Parking In Alleys," or 7-2- 5, "Parking On Public Streets Other Than Alleys," of this chapter. c. Fifty dollars ($50.00) for each violation of section 7-2-6, "Parking on Public Property Other Than Streets or Alleys," or 7-2-8, "Parking in Fire Lane," of this chapter. d. One hundred dollars ($100.00), or the fine amount set by law, for each violation of section 7-2-9, "Parking in Space Designated for Persons with Disability." 2. Additional Penalty for Late Payment: Where a parking ticket issued pursuant to this chapter has not been paid within the seven (7) days above prescribed, the ticketed party shall incur an additional penalty of ten dollars ($10.00). Further, the failure of any ticketed person to pay such fine within the seven (7) days above prescribed shall render the ticketed party subject to the process set forth in this section for nonpayment of parking fine. F. Contested Ticket; Nonpayment Of Parking Fine: In the event a ticketed party contests such parking ticket, and/or in the event of nonpayment of a fine in accordance with administrative procedure set out hereinabove, an infraction citation or complaint for a parking violation or a failure to pay a parking penalty may be filed in the magistrate division of the district court. Section 5. That the relevant provisions of Meridian City Code section 10-4-2 shall be amended as follows: 10-4-2: AMENDMENTS TO THE FIRE CODE: To the extent that any provision of the international fire code, 2012 2099 edition (hereinafter IFC) conflicts with a provision of Idaho Code, the provision of Idaho Code shall prevail. Additionally, the following amendments to the IFC shall apply: IFC section 109.4 shall be amended to read as follows: PARKING CODE UPDATE - FIRE LANE, PARKING IN SPACE DESIGNATED FOR PERSONS WITH DISABILITY PAGE 3 OF 5 Section 109.4 Violation Penalties. Except as otherwise set forth in Meridian City Code, Ppersons who shall violate a provision of the IFC as herein adopted and amended or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of the IFC as herein adopted and amended, shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 dollars or by imprisonment not exceeding 30 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 6. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, on May ;' , 2014. APPROVED by the Mayor of the City of Meridian, Idaho, on May D\ '2014. APPROVED: ATTEST: GO�OgPTED AUCGS7•, J City of 9O� 4 Tammy deed, Mayor Ja e Iman, City y DAN SEAL y �F v �f fhe 7A4 SU!.iOoo PARKING CODE UPDATE - FIRE LANE, PARKING IN SPACE DESIGNATED FOR PERSONS WITH DISABILITY PAGE 4 OF 5 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14- ( (o d 01 AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 5-1-2(B)(8), AUTHORIZING FIRE CHIEF TO SOLICIT ASSISTANCE FROM POLICE AND CODE ENFORCEMENT OFFICERS IN KEEPING FIRE LANES FREE FROM VEHICLES; AMENDING MERIDIAN CITY CODE SECTION 7-2-5(A)(3)(A) TO REGULATE VEHICLES WITH GVWR OF 10,000 OR MORE; REPEALING MERIDIAN CITY CODE SECTION 7-2- 8, PARKING CODE ENFORCEMENT AUTHORITY, TICKETS, AND PROCEDURES; ADOPTING NEW PROVISIONS OF TITLE 7, CHAPTER 2, MERIDIAN CITY CODE, REGARDING PARKING IN FIRE LANE, PARKING IN SPACE DESIGNATED FOR PERSONS WITH DISABILITY, AND PARKING CODE ENFORCEMENT AUTHORITY, TICKETS, AND PROCEDURES; AMENDING MERIDIAN CITY CODE SECTION 10-4-2, RELATING TO AMENDMENT OF 2012 INTERNATIONAL FIRE CODE SECTION 109.4, RELATING TO VIOLATION PENALTI + ROVIDING AN EFFECTIVE DATE. ED AUGU�l Jt�A� Cit fe dian City of Mayor and City Council (?E IDIAN w IDAHO By: Jaycee Holman, City Clerk 1� SEAL Cly Pv First Reading:04 Adopted after first reading by su pension of the Rule as allowed pursuant to Idaho Code § 50-902: YES V NO Second Reading: Third Reading: ._— STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 14-((-T The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 14- 1 (o p °k of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this 21 day of ° , 2014. William. L.M. Nary City Attorney PARKING CODE UPDATE - FIRE LANE, PARKING IN SPACE DESIGNATED FOR PERSONS WITH DISABILITY PAGE 5 OF 5