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.
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.
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.
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:
(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.