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Chapter 10.37
ON -STREET PAID PARKING
Sections:
10.37.010 Purpose.
10.37.020 Definitions.
10.37.030 City delegation of authority to the Plaza Metropollitan
District No. 1 located at the Belmar site.
10.37.040 Designation of paid parking.
10.37.050 Design of parking kiosks.
10.37.060 Payment of parking fee required.
10.37.070 Extending time prohibited.
10.37.080 Use of slugs or tampering with parking kiosks prohibited.
10.37.090 Parking in space required.
10.37.100 Regulations not exclusive.
10.37.110 Applicability.
10.37.120 Authority of parking control attendants.
10.37.130 Fund created.
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 Plaxa 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. (Ord. O-2004-10 §
1, 2004).
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