Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.
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ARTICLE II. ------------
State law reference(s)--Authority to regulate parking, A.C.A. § 27-49-106(2)(b)(11); parking meter revenues, A.C.A. § 14-57-601 et seq.
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DIVISION 1. Secs. 114-41--114-50. Reserved.
DIVISION 2. Sec. 114-51. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alley means a public way within a block, generally giving access to the rear of lots or buildings, and not used for general traffic circulation.
Limited parking zone means any restricted street upon which limited parking signs are installed.
Operator means any individual who shall operate a vehicle as the owner thereof, or as the agent, employee or permittee of the owner, or is in actual physical control of a vehicle.
Park or parking means the standing of a vehicle, whether occupied or not, upon a street otherwise than temporarily for the purpose of, and while actually engaged in receiving or discharging passengers, loading or unloading merchandise, or in obedience to traffic regulations, signs or signals or an involuntary stopping of the vehicle by reason of causes beyond control of the operator of the vehicle.
Parking space means a permanently surfaced area of not less than 180 square feet (16.74 square meters), either within a structure or in the open, excluding driveways or access drives, for the parking of a vehicle.
Passenger loading zone means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.
Vehicle means any device in, upon or by which any person or property is or may be transported upon a highway, except a device which is operated upon rails or tracks.
(Code 1973, § 32-37)
Cross reference(s)--Definitions generally, § 1-2.
Sec. 114-52. Limited parking.
The following named and described areas, streets or portions of streets and other such areas, lying within the corporate limits of the city shall constitute a limited parking zone: wherever it is deemed advisable, necessary and designated for the proper parking within the corporate limits of the city by the mayor, police chief or street committee.
(Code 1973, § 32-38)
Sec. 114-53. Designation of parking spaces.
The chief of police is hereby directed and authorized to mark off individual parking spaces in the parking zones designated and described in section 114-52 and in such other zones as may hereafter be established, such parking spaces to be designated by lines painted or durably marked on the curbing or surface of the street. At such space so marked off it shall be unlawful to park any vehicle in such a way that the vehicle shall not be entirely within the limits of the space so designated.
(Code 1973, § 32-39)
Sec. 114-54. Installation of limited parking signs.
In limited parking areas, the mayor, chief of police, or any other person designated by the mayor and city council shall cause parking signs to be installed upon the curb or sidewalk adjacent to the limited parking areas, with the sign placed to display the limited parking restrictions in such area. Upon the expiration of the time limitation imposed, the right of such vehicle to occupy such space shall cease and the operator, owner, possessor or manager thereof shall be subject to the penalties hereinafter provided. It shall be unlawful for any person to deface, injure, move or interfere with any official traffic sign or signal.
(Code 1973, § 32-40)
Sec. 114-55. Violations.
It shall be unlawful and a violation of the provisions of this division for any person to:
(1) Cause, allow, permit or suffer any vehicle registered in the name of, or operated by such person to be parked overtime, or beyond the period of legal parking time established by the limited parking signs as herein set forth.
(2) Permit any vehicle to remain or be placed in any limited parking area when such vehicle is across any line or marking or a parking area or in such a position that the vehicle shall not be entirely within the area designated by such lines or markings.
(Code 1973, § 32-42)
Sec. 114-56. Parking fines.
(a) Any person violating any parking provisions of this division shall be subject to the penalties in section 1-9.
(b) The alleys running north and south between Frisco Street on the east to Main Street on the west and extending from Emma Avenue on the south to Johnson Street on the north or through part or parts of the above bounded area, are controlled parking areas.
(Code 1973, §§ 32-10, 32-43)
Sec. 114-57. Parking restrictions in residential zoned districts.
(a) [Right-of-way.] No semi-tractor trailer, construction equipment, truck, or any dump truck, garbage truck, pump-out truck, chemical truck, gasoline truck, fuel or oil truck, or similar vehicles designed to transport waste or hazardous or noxious materials, shall be parked or stored in any residential zoned district, and shall not be parked or stored in the street right-of-way.
(b) Parking any motor vehicle on unpaved area prohibited. Subject to section 114-58, no parking, displaying, or storing of any motor vehicle shall be permitted on any grass surface or other unpaved area in any residential zone, except that one designated parking space may be located on the grass in a required front set back adjacent to and parallel to the driveway located on the property. The size of such designated parking space shall not exceed 9' (c) [Storage or parking of motor vehicles.]The storage or parking of motor vehicles in any side yard or rear/back yard of property in any residential zone shall be limited to areas paved in conformance with Chapter 130, Article 7, Section 4.
(d) [Unpaved driveways.] Properties on which an unpaved driveway existed as of the date of the passage of this section would not be required to pave, but would be subject to all other restrictions contained herein. Provided, however, any such driveways would be required to be paved if the use and maintenance of such driveway and parking area lapses for a period of one year or if the use served by such driveway is expanded.
(e) Variances. In instances where strict enforcement of the requirements of subsections (b), (c), and (d) would cause undue hardship due to circumstances unique to the individual property under consideration, and the granting of such variance is demonstrated to be within the spirit and intent of the provisions of this chapter, the planning commission may grant requests for variances of the requirements of subsections (b) and (c) according to the following guidelines:
(1) The planning commission may modify such requirements to the extent deemed just and proper so as to relieve such difficulty or hardship, provided that such relief may be granted without detriment to the public interest.
(2) When the applicant can show the property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of the piece of property, the strict application of such provisions would prohibit or unreasonably restrict the use of the property, and the planning commission is satisfied that the granting of a variance would alleviate a clear hardship, as distinguished from a special privilege or convenience sought by the applicant, such variance may be granted; provided that all variances shall be in harmony with the intended purpose of this chapter.
(3) Bill of assurances or performance bond. A bill of assurance to the city may be required from the property owner prior to any variance being granted, which shall run with the land and shall set a fixed period of time in which the varied requirement must be provided by the property owner.
(4) Any party aggrieved by the decision of the planning commission in granting or denying a variance may appeal the decision to the city council within 30 days of the planning commission's decision by giving notice thereof to the city clerk.
(f) Exception. The prohibitions set out herein do not apply to the following:
(1) Commercial vehicles or construction equipment during the actual performance of a temporary service on the property where it is parked.
(2) A vehicle making a bona fide pickup or delivery of property or merchandise.
(3) Emergency vehicles.
(Ord. No. 4000, § 1, 1-9-07; Ord. No. 4052, § 1, 4-24-07)
Sec. 114-58. Parking and storage of certain vehicles.
(a) Inoperative motor vehicles (as defined in section 42-76) shall not be parked or stored on any residentially zoned property, as shown on the official zoning map, other than in a carport or a completely enclosed building.
(b) In residentially zoned areas of the city, as shown on the official zoning map, it shall be unlawful to park or leave a boat, recreational vehicle, utility trailer, or trailer of any kind, on any residential lot, except as specifically provided below:
(1) A recreational vehicle, all-terrain vehicle, boat, trailer, or utility trailer may be parked or left in the rear yard, not closer than eight feet to the rear lot line or in a side yard not projecting beyond the front roof line.
(2) No recreational vehicle, all-terrain vehicle, boat, trailer, or utility trailer may be parked in the front yard between the paved edge of any street and a dwelling or garage (whichever is closer to the paved edge of the street), unless it is parked or left on a garage driveway or other paved surface area which is immediately adjacent to and an expansion of the garage driveway. Further, no recreational vehicle, all-terrain vehicle, boat, trailer, or utility trailer shall be parked closer than ten feet to the paved edge of any street.
(3) The total number of recreational vehicles, all-terrain vehicles, boats, trailers, or utility trailers (other than passenger vehicles) which may be parked, as permitted in [subsection] (1) or (2) above, shall be limited to two, not including those kept in a garage. Further, only one recreational vehicle, boat, trailer, or utility trailer may be parked or stored between the paved edge of any street and a dwelling or garage (whichever is closer to the paved edge of the street).
(4) A recreational vehicle, all-terrain vehicle, boat, trailer, or utility trailer shall not be parked or stored where such parking or storage shall constitute a clear and demonstrable vehicular traffic hazard, or be a threat to public health or safety.
(5) It shall be unlawful to park a recreational vehicle, all-terrain vehicle, boat, utility trailer, or trailer of any kind, upon a public street, except when it is actually being loaded, readied for use, or unloaded, but in no event longer than 24 hours.
(6) It shall be unlawful to use a recreational vehicle, which otherwise complies with the provisions above, for temporary on premises dwelling purposes for more than seven days total in any continuous 12 month period.
(7) The parking of a recreational vehicle, boat, trailer, or utility trailer as described in [subsection] (2) above shall effect a violation of this ordinance if it results in the parking of other vehicles upon a public street.
(c) For purposes of section 114-57, 114-58, and 114-59 the following definitions shall apply:
All-terrain vehicle shall mean every three-wheeled, four-wheeled, or six-wheeled vehicle 75 inches or less in width, equipped with low pressure tires designed primarily for off-road recreational use, and having an engine displacement of no more than 1,000 cubic centimeters. The term "all-terrain vehicle" shall not include any golf cart, riding lawnmower, or lawn or garden tractor.
Boat shall mean all types of watercraft, whether registered, unregistered, licensed or unlicensed. The term boat shall include any wheeled trailer or other device on which such boat is or may be kept, stored, or transported, whether registered or unregistered, licensed or unlicensed.
Commercial vehicle shall mean a motor vehicle used primarily in a commercial enterprise.
Front yard area shall mean the area between the plane of the front elevation of the main portion of a dwelling unit extending to the side property lines and the front property line abutting the street, including the driveway.
Motor vehicle means every device capable of being moved upon a public highway and in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
Park shall mean to place or leave for the purpose of convenient departure from or return to the vehicle in connection with a planned trip, outing or vacation, including the processes of loading or unloading the vehicle and preparation of the vehicle.
Paved shall mean a surface paved or covered with a constructed surface of concrete, asphalt, or similar materials, but excluding debris, to establish a permanent surface for the parking storage, or placement of any boat, recreational vehicle, or utility trailer.
Recreational vehicle shall mean any unit primarily designed as a living quarters for recreation, camping, or travel use which either contains its own motive power as in the case of, but not limited to, motor homes, motor coaches, mini-motor homes, or recreational vans or is permanently mounted on a vehicle such as a truck camper or pickup camper.
Residential lot shall mean a parcel of land located in a residentially zoned district, as established on the official zoning map, of at least sufficient size to meet minimum requirements of the district in which it is located. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
(1) A single lot of record.
(2) A portion of a lot or record.
(3) A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
(4) A parcel of land described by metes and bounds.
Store shall mean to place for the purpose of preserving, protecting and securing it for a period in excess of 24 hours.
Trailer shall mean, but is not limited to, any vehicle designed or utilized for the transportation of a boat, automobile, snowmobile, livestock, cargo or similar items or as living quarters for recreation, camping or travel use as in the case of a travel, tent, camp, popup or 5th wheel trailer, which do not have motive power of its own, but is designed to be drawn by vehicle.
Truck shall mean any semi-tractor or any commercial vehicle with a licensed weight of 6,001 pounds or above.
Utility trailer shall mean a vehicular structure or device with or without its own motive power, licensed or unlicensed, designed and/or used for the transportation of goods or materials.
(Ord. No. 4000, § 2, 1-9-07; Ord. No. 4052, § 2, 4-24-07)
Sec. 114-59. Street parking and emergency access routes.
(a) Except as authorized in section 114-53 and section 114-57, no motor vehicles shall be parked or stored:
(1) On the side of any street which is designated on the Master Street Plan (section 90-51) as a freeway, minor collector, major collector, or principal arterial street.
(2) On the side of any street designated as an emergency access route, and on which a sign has been placed stating "Emergency Access Route: No Parking this Side of Street".
(b) The city council hereby authorizes and empowers the fire department, police department, and street department to work jointly in such manner as they see fit to designate and make certain city streets as emergency access routes; to purchase or have constructed signs or signals to mark such emergency access routes, and to change or modify such routes or markings as they deem necessary or desirable.
(Ord. No. 4000, § 3, 1-9-07)
Secs. 114-60--114-65. Reserved.
DIVISION 3. ------------
State law reference(s)--Parking authorities generally, A.C.A. § 14-304-101 et seq.
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Secs. 114-66--114-85. Reserved.
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HTML documents authored by Municipal Code Corporation
PARKING, STOPPING, AND STANDING*
GENERALLY
LIMITED PARKING
OFF-STREET PARKING FACILITIES*