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CITY OF MARFA ORDINANCE NO. 17-09

PARKING ORDINANCE

 

AN ORDINANCE OF THE CITY OF MARFA, TEXAS

TO PROMOTE PUBLIC SAFETY BY DESIGNATING

CITY-WIDE SETBACKS; DESIGNATING STREETS

FOR PARKING REGULATION; SPECIFYING THE

ROADWAY WIDTH NECESSARY FOR THE

UNIMPEDED FLOW OF TWO-WAY TRAFFIC;

SPECIFYING THE TYPE OF PARKING ALLOWED

ON DESIGNATED STREETS BASED UPON ROADWAY

WIDTH; DESIGNATING BUS LOADING AND

UNLOADING ZONES; PROVIDING FOR 30-MINUTE

DELIVERY LOADING AND UNLOADING IN ALLEYS;

PROVIDING A “NO PARKING ANYTIME” ZONE IN THE

FIRST 103’ OF THE ALLEY NORTH OF MARFA CITY

HALL FOR INGRESS AND EGRESS OF POLICE AND

EMERGENCY SERVICE VEHICLES; BANNING

PARKING OBSTRUCTIONS AND ENCROACHMENTS

ON DESIGNATED STREETS; REGULATING PARKING

SIGNAGE; AUTHORIZING SHORT-TERM PARKING

ONLY AT THE MARFA POST OFFICE; DESIGNATING

HANDICAPPED PARKING SPACES ON HIGHLAND

AVENUE; ADDRESSING PARKING FOR VEHICLES

TRANSPORTING HAZARDOUS MATERIALS;

AUTHORIZING ENFORCEMENT, INCLUDING THE

ISSUANCE OF CLASS C CITATIONS AND VEHICLE

TOWING; PROVIDING FOR SEVERABILITY, AN

EFFECTIVE DATE, REPEALER AND OPEN

MEETINGS COMPLIANCE.

 

 

WHEREAS, Marfa has become popular as a tourist destination, with an increased number of visitors, buses, and vehicles; and

 

WHEREAS, this creates congested areas, resulting in traffic hazards to pedestrians and vehicles and insufficient space for the safe and unimpeded passage of traffic on city streets; and

 

WHEREAS, it is necessary and in the best interests of the City of Marfa to ensure clearly marked parking spaces that provide an adequate roadway for the safe and orderly flow of traffic; and

 

WHEREAS, a Parking Committee was appointed by the Marfa City Council to study to make recommendations regarding how best to handle parking issues in the City of Marfa; and

 

WHEREAS, to ensure maximum public safety for pedestrians, bicycles, and vehicles, the Parking Committee recommended a standard setback, and that the type and number of parking spaces be based upon the width of each affected street; and

 

WHEREAS, this measurement-based method is consistent with the regulations and guidelines of the Texas Department of Transportation; and

 

WHEREAS, the Marfa City Council agreed that this method of determining the type and number of parking spaces in congested areas in the City of Marfa will promote and protect the public health, safety, comfort, convenience, and general welfare of the city; and

 

WHEREAS, the City finds that this Ordinance, which is not inconsistent with state law, is necessary for the government, interest, welfare, or good order of the municipality as a body politic, in accordance with Texas Local Government Code §51.012, and that the City of Marfa as a Class A General Law Municipality is authorized to regulate parking within the city limits in order to protect public safety:

 

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARFA:

Section 1. No Parking Zones on All City Streets.

1.01

• All streets within the City of Marfa shall have a minimum setback of twenty feet (20’) on each side of an intersection and a 20’ setback on each side of an alleyway. Parking is not allowed within fifteen feet (15’) of fire hydrants. These areas shall be clearly painted and designated as “No Parking” zones. Any person who parks a vehicle in these “No Parking” zones is in violation of this Ordinance. Section 1 of this Ordinance is enforceable on all streets and alleys within the city limits of the City of Marfa.

Section 2. Authorized Parking on Designated City Streets.

2.01         The remainder of this Ordinance shall apply only to the city streets that are specifically designated herein, as shown on the highlighted map which is attached to this Ordinance as Exhibit “A” (hereinafter “designated streets”), which are the following:

1. Designated Streets running East/West:
2. Dallas Street, from Summer Street as the west boundary to Spring Street as the east boundary;
3. San Antonio Street, from Summer Street as the western boundary to Spring Street as the eastern boundary;
4. El Paso Street, from Summer Street as the western boundary to Spring Street as the eastern boundary;
5. Oak Street, from Austin Street as the western boundary to Dean Street as the eastern boundary;
6. Texas Street, from Austin Street as the western boundary to Dean Street as the eastern boundary;
7. Lincoln Street, from Austin Street as the western boundary to Dean Street as the eastern boundary;
8. Designated Streets running North/South:
9. Summer Street, from Dallas Street as the southern boundary to El Paso Street as the northern boundary;
10. Hill Street, from Dallas Street as the southern boundary to El Paso Street as the northern boundary;
11. Kelly Street, from Dallas Street as the southern boundary to El Paso Street as the northern boundary;
12. Abbott Street, from Dallas Street as the southern boundary to El Paso Street as the northern boundary;
13. Austin Street, from Dallas Street as the southern boundary to Lincoln Street as the northern boundary;
14. Highland Avenue, from Dallas Street as the southern boundary to Lincoln Street as the northern boundary;
15. Dean Street, from Dallas Street as the southern boundary to Lincoln Street as the northern boundary;
16. Russell Street, from Dallas Street as the southern boundary to El Paso Street as the northern boundary;
17. Nevill Street, from Dallas Street as the southern boundary to El Paso Street as the northern boundary;
18. Spring Street, from Dallas Street as the southern boundary to El Paso Street as the northern boundary;

2.02         All designated streets shall provide at least a twenty-four foot (24’) roadway for the unimpeded flow of two lanes of traffic.

2.03         A. On designated streets in which the roadway width is less than thirty-two feet (32’), no on-street parking is authorized. When official signs prohibiting parking are erected upon narrow streets as authorized in this subsection, no person shall park a vehicle upon any such street in violation of any such sign.

1. On designated streets in which the roadway was originally fifty feet (50’) but has either eroded over time and/or now contain encroachments that reduce the available roadway to less than thirty-two feet (32’), then no on-street parking is authorized. In order to ensure adequate space for the unimpeded flow of two lanes of traffic, the width of these roadways is calculated at the narrowest point in each block.
2. Accordingly, no on-street parking is authorized on the following designated streets:

 

1. On Summer Street between San Antonio Street and Dallas Street.
2. On Russell Street between San Antonio Street and Dallas Street.
3. On Nevill Street between San Antonio Street and Dallas Street.

 

2. Off-street business parking is allowable on the streets set out in 2.03C above so long as no part or portion of a parked vehicle extends or encroaches into the public roadway. Any person who parks a vehicle on the streets specified in subsection 2.03 C. or allows any part or portion of a vehicle to extend or encroach into the public roadway of these streets violates this Ordinance.

 

2. Any business or landowner affected by Section 2.03 may remove encroachments on the roadway and request a parking re-assessment. In order to qualify for a parking re-assessment, the side of the street in question must be completely free of encroachments such that the entire block of roadway is enlarged for vehicular traffic.

2.04         A. On designated streets in which the roadway width is thirty-two feet (32’) or greater but less than forty feet (40’), parallel parking is authorized on one side of the street only, as designated. There shall be no on-street parking on the other side of the street.

1. On El Paso Street between Russell Street and Dean Street, parallel parking is authorized on the south side of El Paso Street only. There shall be no on-street parking on the north side of El Paso Street.

2.05         A. On city streets in which the roadway width is forty feet (40’) or greater but less than fifty-two feet (52’), parallel parking is authorized on both sides of the street.

2. Most designated streets in the Exhibit “A” Map fall within this category. Parallel parking on both sides of the street is authorized for all designated streets on the Exhibit “A” Map that are not otherwise specifically addressed in Sections 2.03 through 2.07 of this Ordinance.

2.06         A. On designated streets in which the roadway width is fifty-two feet (52’) or greater but less than sixty-four feet (64’), one side of the street shall be designated as angle parking and the other side as parallel parking, as designated.

1. On Lincoln Street between Austin Street and Dean Street, angle parking shall be authorized on the north side of the street, and parallel parking shall be authorized on the south side of the street.

2.07         A. On designated street(s) in which the roadway width is sixty-four feet (64’) or greater, angle parking is authorized on both sides of the street.

1. On Highland Avenue between Lincoln Street and Dallas Street, angle parking is authorized on both sides of the street.

 

2.08         All vehicles must parallel park in the same direction as the flow of traffic. Parallel parking against the flow of traffic is hazardous, is unauthorized, and violates this Ordinance.

2.09         A. Once a designated street is classified for authorized parking in this Ordinance, no person may place, erect, leave, or permit any encroachment(s) into the roadway that diminishes the unimpeded flow of two lanes of traffic as specified herein. Any person who does so is in violation of this Ordinance, and under this Ordinance may be (1) cited for Obstructing a Public Street; and (2) requested to remove the encroachment.

1. If the encroachment is not removed within five (5) days of notice, then in order to protect public safety the City may enter on the property and remove the encroachment.
2. For purposes of Section 2.09, the landowner will be presumed to have placed, erected, left, or permitted the encroachment on their property if it is not removed within five (5) days.
3. Any costs of encroachment removal shall be assessed against the landowner.
4. This section does not otherwise limit or waive any other legal remedies that the City may have in addressing encroachments.
5. For purposes of section 2.09, encroachments may include any physical obstruction onto the roadway, including landscaping or personal property.

2.10         The following portions of designated streets fall within the jurisdiction of the Texas Department of Transportation (TXDOT) as U.S. Highways, State Highways, or Farm-to-Market Roads:

1. U.S. Highway 90/67:
2. U.S. Highway 90 on San Antonio Street running east/west from Summer Street to Spring Street; and
3. U.S. Highway 67 on San Antonio Street running east/west from Highland Avenue to Spring Street.
4. State Highway 17:
5. On Highland Avenue running north/south between San Antonio Street and Lincoln Street; and
6. On Lincoln Street running east/west between Highland Avenue and Dean Street.
7. Farm-to-Market Road 1112, on Oak Street running east/west from Highland Avenue to Dean Street.

2.11         By their signature herein, the Texas Department of Transportation requests that the City of Marfa enforce this Parking Ordinance on TXDOT-maintained highways and farm-to-market roads specified in 2.10 above in the same manner in which it is enforced on designated city streets.

2.12         This agreement to enforce parking regulations on TXDOT-maintained highways and roads shall in no way affect or diminish any other TXDOT responsibility, such as the duty to maintain in good condition and to keep the roadways clear in bad weather.

Section 3. Parking Space Marking and Signage

3.01         All parking spaces on the designated streets set out in the Exhibit “A” map shall be marked with solid white lines measuring 4 inches to 6 inches wide or by clearly marked signage. When official signs are erected or spaces are marked to indicate authorized parking as specified in Section 2 herein, no person shall park a vehicle upon any such street in violation of any such sign or marking.

3.02         It shall be the responsibility of TXDOT to provide the required markings and/or signage on the portions of TXDOT-maintained highways and farm-to-market roads specified in 2.10 above, and the responsibility of the City of Marfa to provide the required markings and/or signage on designated city streets specified herein and set out in the Exhibit “A” Map.

3.03         Under this Ordinance, the City of Marfa and TXDOT are the sole entities authorized to provide parking signage for on-street parking on designated street(s) specified on the Exhibit “A” Map. No landowner or business owner may post or permit signs such as “private parking only”, “guest parking only”, or “customer parking only” with reference to on-street parking in these areas. These signs are only permitted if the landowner or business owner provides off-street parking that lies entirely upon their own property, and that does not encroach in any way onto a public roadway designated in the Exhibit “A” Map.

3.04         Any existing signs that violate section 3.03 above must be removed within fifteen (15) days of the passage of this Ordinance. A failure to remove any such signage shall constitute a violation of this Ordinance.

Section 4.          Unauthorized Parking.

 

4.01         It shall be unlawful for any person to permit a vehicle of any kind or any portion of a vehicle, the title to which is registered in his/her name or which is under his/her control, to disregard or park in violation of the terms of this Ordinance.

4.02         For purposes of this Ordinance, “vehicle” means any device that can be used to transport or pull persons or property on a street.

Section 5.          Bus loading and unloading zones.

 

5.01         There shall be two bus loading and unloading zones in downtown Marfa, as follows:

 

1. On the south side of El Paso Street, located on the corner of Highland and El Paso; and
2. On the north side of Texas Street, located on the corner of Highland and Texas.

 

5.02         The operator of a bus shall not stand or park such vehicle upon any street at any place other than bus loading and unloading zones as designated in 3.01 above, except in case of emergency.

 

5.03         The operator of a bus shall enter a bus loading and unloading zone on a public street in a manner that the bus, when stopped to load or unload passengers or baggage, shall be: (1) in a position approximately parallel to the curb; and (2) parked or stopped in such a manner so as to not unduly impede the movement of other vehicular traffic; and (3) to the extent possible, positioned so that pedestrians and luggage are unloaded adjacent to a sidewalk rather than directly into a public street.

 

5.04         Bus loading and unloading zones shall be 60 feet long by 10 feet wide, and shall begin immediately after the 20’ setback at the respective corner(s).

 

Section 6.          Deliveries.

6.01         The Bus Loading and Unloading Zones may also be used for motor vehicles used for the transportation of materials, supplies, and deliveries, but only when such stopping does not interfere with any bus(es) waiting to enter or about to enter such zone.

6.02         No person shall stop, stand, or park a vehicle for any purpose or length of time in an alleyway covered by this Ordinance other than for the expeditious unloading and delivery or pickup and loading of materials, supplies, or deliveries. In no case shall the stop for loading and unloading of materials, supplies, or deliveries exceed 30 minutes.

6.03         No person shall stop, stand, or park a delivery vehicle within an alleyway in such a position as to block the driveway entrance to any abutting property.

6.04         A. No person shall stop, stand, or park a vehicle of any type (including delivery trucks) within the first 103 feet of the alleyway running east off Highland Avenue between Marfa City Hall and the Hotel St. George, so as not to impede response by law enforcement or emergency services vehicles exiting Marfa City Hall via the alleyway.

6. Delivery parking is authorized in this alleyway to the east of the 103’ mark (past the City Hall parking lot exit/entrance) for expeditious loading and unloading of materials, supplies, or deliveries only, subject to the 30-minute limit set out in Section 6.02 above.

 

Section 7. Parking May Not Obstruct Streets.

 

7.01         No person shall stop, stand, or park a vehicle upon a street in such position as to block the driveway entrance to any abutting property.

 

7.02         If a vehicle of any type obstructs a public street, road, or highway within the City, then in addition to being cited, the vehicle may be immediately towed away, or removed to a place or location where it does not obstruct any public street, alley, road, or highway within the City.

 

7.03          If a vehicle of any type remains legally parked in one marked parking space for a period in excess of seventy-two (72) hours, then the owner/operator may be cited and the vehicle may be towed away or removed.

 

7.04         The owner/operator of the vehicle who parks in violation of Section 7 shall be responsible for and shall pay all towing and storage fees for the removal of any such motorized vehicle.

 

Sec. 8.  Post Office Parking.

 

8.01         In accordance with City of Marfa Resolution No. 17-02, parking at the Marfa Post Office located at 100 North Highland Avenue is authorized as herein specified.

 

8.02         All seven (7) parking spaces in front of the Marfa Post Office (including one (1) handicapped space) are designated as 15-minute parking spaces between the hours of 8:00 a.m. and 6:00 p.m. daily.

 

8.03         Clearly marked sign(s) giving notice of 15-minute parking between the hours of 8:00 a.m. and 6:00 p.m. same should be placed as required by the Texas Department of Transportation (TXDOT) in front of these Marfa Post Office parking spaces.

8.04         That by their signature herein, the Texas Department of Transportation (TXDOT) requests that the City of Marfa enforce the parking requirements at the Marfa Post Office in accordance with Section 11 of this Ordinance, and agrees to provide all necessary marking and/or signage as herein required.

 

Section 9. Handicapped Parking.

9.01     Handicapped parking spaces shall be provided in accordance with the Federal Americans with Disabilities Act (ADA), 28 CFR part 36, appendix A-Standard for Accessibility Design, part 4, and shall be regulated consistent with section 681.006, Texas Transportation Code.

9.02     In accordance with City of Marfa Resolution No. 17-03, handicapped parking on Highland Avenue is authorized as follows:

 

1. One standard ADA space with access aisle:

on Highland Avenue between Texas & Lincoln Streets

(west side of Highland, north of the alley)

 

2. Two van-accessible spots sharing an access aisle:

on Highland Avenue between Texas & Lincoln Streets

(west side of Highland at Hotel Paisano)

 

3. One standard ADA space with access aisle:

on Highland Avenue between Oak and Texas Streets

(east side of Highland at Masonic Lodge/Gym)

 

4. One standard ADA space with access aisle:

on Highland Avenue between Oak & Texas Streets

(west side of Highland at former Bank building)

 

5. Two van-accessible spaces sharing an access aisle:

on Highland Avenue between El Paso & San Antonio Streets

(east side of Highland at Hotel Saint George)

 

6. One standard ADA space with access aisle:

on Highland Avenue between El Paso & San Antonio Streets

(west side of Highland at the Judd Foundation)

9.03    That one additional handicapped space shall be located at 100 North Highland Avenue at the Marfa Post Office in accordance with Section 8 herein.

9.04         All handicapped parking spaces and ramps shall be laid out in conformity with Texas Accessibility Standards (TAS).

9.05     Parking spaces will be clearly identified and shall be equipped with signage in accordance with state law and restricted for use by the handicapped only.

9.06         Only vehicles displaying a valid handicapped placard or license plate may parked in marked Handicapped spaces.

9.07         That by their signature herein, the Texas Department of Transportation (TXDOT) requests that the City of Marfa enforce the parking requirements on Highland Avenue in accordance with Section 11 of this Ordinance, and agrees to provide all necessary marking and/or signage as herein required.

Section 10. Parking of Vehicles carrying Flammable Liquids, Explosives or Hazardous Materials.

10.01         No person shall park or otherwise leave unattended on any street or alley designated in the Exhibit “A” Map:

(1)  A vehicle transporting flammable fluid or explosives; or

(2)  A vehicle:

522.  Which contains hazardous materials as defined by the Federal Hazardous Materials Transportation Act (49 USC 5101 et seq.) or V.T.C.A., Transportation Code § 522.003(19); and
523. Which is required to be placarded pursuant to federal or state laws or regulations.

10.02. It shall be a defense to prosecution for a violation of section 10.01 if the vehicle:

(1)  Is parked as the result of a mechanical failure of the vehicle occurring at that location; and

(2)  Has been parked at the location for less than 24 hours.

Section 11.     Enforcement.

11.01    The City shall have the power to administer and enforce the provisions of this Ordinance as may be required by governing law. Any person violating any provision of this Ordinance is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this Ordinance is hereby declared to be a nuisance.

11.02     Any person violating any provision of this Ordinance shall, upon conviction, be fined a sum not exceeding five hundred dollars ($500.00) plus costs of court. Each day that a provision of this Ordinance is violated shall constitute a separate offense. An offense under this Ordinance is a Class C Misdemeanor.

11.03         The Chief of Police or any member of the Marfa Police Department is hereby authorized to issue parking citations to any person who has violated any section or subsection of this Ordinance.

 

11.04         The Chief of Police or any member of the Marfa Police Department may effectuate the towing or removal of the vehicle of an individual cited under this article at the expense of the owner of said vehicle and, if towed, may have the vehicle impounded and detained until all towing and storage charges are paid by the owner.

 

11.05         In lieu of towing, this Ordinance may be enforced through vehicle booting.

 

11.06         In a prosecution for an offense under this Ordinance, it is presumed that the registered owner of the motor vehicle is the person who stopped, stood, or parked the vehicle at the time and place the offense occurred.

 

Section 12. Severability.

 

If any provision of this Ordinance or the application of any provision to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable.

 

Section 13. Effective Date.

 

This Ordinance shall take effect immediately from and after its passage and the publication of the caption, and it is accordingly so ordained.

 

Section 14. Repealer.

 

All ordinances or parts of ordinances in force when the provisions of this Ordinance become effective which are inconsistent or in conflict with the terms and provisions contained in this Ordinance are hereby repealed only to the extent of such conflict.

 

Section 15. Open Meetings Compliance.

 

It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code.

 

 

 

PASSED AND APPROVED on this the _____ day of ______________, 2017, by the City Council of the City of Marfa, Texas.

 

 

CITY OF MARFA, TEXAS              

 

 

_______________________________

Ann Marie Nafziger, Mayor

 

 

ATTEST:

 

 

_______________________________

Rachel Whatley, City Secretary

 

 

 

APPROVED AS TO FORM:

 

 

_______________________________

Teresa L. Todd, City Attorney

 

 

 

 

AGREED:

 

 

__________________________________

Name/Title

Texas Department of Transportation