AGENDA#9

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            Ralph D. Karpinos, Town Attorney

 

SUBJECT:            Parking Regulations for Private Residential Lots

 

DATE:             October 11, 2000

 

The attached Ordinance would implement the recent authority granted by the N.C. General Assembly to the Town to establish regulations for parking of cars on residential lots. 

 

Application of the Ordinance to any specific residential property would require a written request from the property owner and an additional ordinance.

 

BACKGROUND

 

As part of its legislative program for the 2000 Session of the General Assembly the Council sought and received authority to enact an ordinance regulating parking of cars on individual residential properties.  If adopted, such an ordinance could be applied to any individual property only upon the request of the property owner. 

 

If a landlord/owner of rental residential property were to ask the Town to apply such an ordinance, this tool might allow an additional means by which the proliferation of cars parked on residential properties, particularly near campus, could be slowed.

 

DISCUSSION

 

On September 11, 2000, the Council considered possible options for implementation of new parking regulations pursuant to the enabling legislation (a copy of the previous memorandum is attached).  At that time the Council requested this report and a proposed ordinance consistent with the first option contained in that report (prohibiting parking on residential properties except in paved or graveled driveways).

 

The attached ordinance defines a “driveway” as any area on a residential lot which has been paved, graveled, or otherwise clearly demarcated by the owner as an area in which parking is intended to be allowed.  Parking in areas other than “driveways” would be prohibited. 

 

If the Council were to enact this ordinance, an owner could request the Council to further enact an ordinance applying the new regulation to his or her property (properties to which the Ordinance would be applied would be added to paragraph (c) of the Ordinance).  Upon enactment of a location specific ordinance and the posting of an appropriate sign, Town parking enforcement personnel could determine whether a car was not being parked properly and, if not, issue a parking citation.

 

At the September 11, 2000, Council meeting, there was some concern expressed about the possibility that an owner would create a larger “driveway” if this Ordinance were enacted, resulting in more cars being parked in front yards.  We believe there are two points in response to this concern. First, an owner would not likely take such a step since the Ordinance could not be made applicable unless the owner requested and posted the required signage.  An owner could simply choose not to have the Ordinance apply to his property, or withdraw consent to the Ordinance’s application.  Moreover, the Council could decline to establish an ordinance on a specific parcel, or repeal an ordinance if enacted, if an owner were to create such an expanded parking area.  Second, this Ordinance does not supersede the existing regulations applicable in certain neighborhoods restricting the amount of a front yard that can be used for parking.  In addition, if the sign were not visible the Town could not enforce the Ordinance.  Thus, if an owner wished to temporarily suspend enforcement the owner could cover the sign.

 

A second concern was raised regarding the owner having some event for which it might be necessary to park more cars than a driveway could accommodate.  The proposed Ordinance would allow an owner to request a temporary suspension of the Ordinance.  In addition, there is an appeals process available for a person who believes a ticket should not have been issued. 

 

Under the proposed ordinance, the penalty, civil in nature, similar to most other parking citations issued by the Town, would be $15.00, the same penalty as is provided for overtime parking at Town parking meters.

 

Recommendation:  That the Council consider this report and draft Ordinance and take such action as it deems appropriate.

 

ATTACHMENTS

 

  1. September 11, 2000 Agenda item on parking on residential lots (begin new p. 1).

 


AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES TO ESTABLISH PARKING REGULATIONS FOR PRIVATE RESIDENTIAL LOTS (2000-10-11/O-4)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

 

Section 1.  Article IV, Chapter 21 of the Town Code is hereby amended by adding a new Section 21-28.2 to read as follows:

 

Section 21-28.2.  Parking restricted to driveways on certain privately owned lots.

 

(a)  Pursuant to the authority contained in Section 3, Chapter 97 of the Session Laws of the North Carolina General Assembly, and upon the request of the owners of the properties  designated in paragraph (c) of  this section, parking of motor vehicles shall be prohibited on the designated properties, except in driveways.

 

(b)  For purposes of this Section, a “driveway” shall include any paved or graveled area established on the subject property for the parking of automobiles or any other area  otherwise clearly demarcated by the owner for parking of automobiles.

 

(c )  (Reserved).

 

(d)  An owner of any property listed in paragraph (c ) may, upon written request to the Town Manager or his designee, request a temporary suspension of the regulations applicable to his property by this section.  The Manager is authorized to grant such  suspensions for up to 24 hours at a time and to establish any necessary rules for implementation of such temporary suspensions.

 

(e) An owner of any property listed in paragraph (c ) may, upon written request to the Town Manager, have an Ordinance placed on the Town Council’s agenda to repeal the regulations established by this section. 

 

(f)  The parking prohibitions established in this section shall become effective when an appropriate sign giving notice thereof shall be erected by the property owner.

 

(f)  Nothing in this Ordinance shall be construed as modifying any otherwise applicable regulations of the Town, including but not limited to, any Development Ordinance regulations pertaining to the use of front yards of residential lots for parking of automobiles. 

 

Section 2.  Section 21-38, paragraph (a) is hereby revised to read as follows:

 

“Section 21-38.  Civil Penalties.

 

(a) The penalty for any violation of sections 21-28.2, 21-29, 21-30, 21-31, 21-32, 21-33, and 21-37.1 shall be fifteen dollars ($15.00).”

 

Section 3. This ordinance shall become effective upon adoption.