To: Board of County Commissioners
Through: Ron Carl, County Attorney
Prepared By:
prepared
Robert Hill, Sr. Asst. County Attorney
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presenter
Presenters: Robert Hill, County Attorney’s Office; Bryan Weimer, Director, Public Works & Development; Captain Adam Burson, Sheriff’s Office, and Captain Christopher Gulli, Sheriff’s Office or respective designees
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Subject:
title
First Reading of Arapahoe County Ordinance No. 2024-02, Parking Regulations for County Roads and Properties
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Purpose and Request:
recommended action
The purpose of this General Business Item is for the first reading of the proposed Arapahoe County Ordinance No. 2024-02, establishing comprehensive vehicle parking regulations applicable on Couty roads and highways and on other County owned properties. This is the first step in the required statutory process for a county to adopt the ordinance. The next steps will be to publish the proposed ordinance and then to hold a hearing on the adoption of the ordinance.
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Background and Discussion: The proposed Ordinance No. 2024-02 is presented for a first reading in conformance with statutory requirements. Ordinance No. 2024-02 establishes comprehensive regulations for the parking of vehicles on County roads and highways and on other county owned properties such as, but not limited to, County Open Spaces properties and parks, that are located within unincorporated Arapahoe County.
Historically, the County has played a limited role in regulating parking within unincorporated Arapahoe County. In 1991, the County adopted an ordinance to regulate the parking of oversized vehicles and unattended trailers. In 2002, the County adopted an ordinance to allow for residential parking permit districts. Consistent with statute, Arapahoe County adopted by reference the 2020 Model Traffic Code, Ordinance No. 2021-03, which embodies the rules of the road and vehicle requirements, including provisions for parking restrictions on public roads.
Extensive community feedback has demonstrated that parking violations within areas of unincorporated Arapahoe County have become a problem that is impacting the health, safety, and welfare of residents. Examples of violations and parking problem include vehicles being illegally parked and existing parking restrictions being ignored on County roadways. Public rights of way are being used for the storage of motor vehicles in varying states of disrepair, for storage of recreational vehicles and camping trailers, and for the conduct of repair work. Oversized commercial vehicles and trailers are being parked in residential areas when not associated with any services being provided to residents in the area. Additionally, parking on Open Space and other County owned properties has apparently become a problem. Creating a comprehensive parking ordinance would help to address these issues.
There are several state statutes that authorize the County to implement an ordinance to regulate parking. These are:
• C.R.S. 30-15-401(1)(h) authorizes a board of county commissioners to adopt ordinances which control and regulate the movement and parking of vehicles and motor vehicles on public property.
• C.R.S. 42-4-1803(2) authorizes the tow and removal of vehicles from public property that are abandoned or constitute an obstruction to traffic or proper highway maintenance.
• C.R.S. 42-4-1813(2) authorizes municipalities and counties to adopt by resolution or ordinance local procedures for the removal, storage, and disposal of abandoned or illegally parked vehicles that supersede the provisions in Part 18, C.R.S. 42-4-1801, et seq.
• C.R.S. 30-15-402(1), provides that any person who violates any county ordinance adopted pursuant to Part 4 of Article 15 of Title 30 commits a civil infraction and further authorizes the imposition of fines in an amount not to exceed $1000.
• C.R.S. 30-15-402.5(1) empowers a board of county commissioners to designate personnel authorized to enforce its duly adopted county ordinances by issuing citations or summonses and complaints to violators of its ordinances.
The draft ordinance as proposed is intended to supplement the parking provisions of the Model Traffic Code as adopted in Ordinance 2021-03, but does not replace the Model Traffic Code. As such, enforcement of parking restrictions can be under either the proposed Ordinance No. 2024-2 or under the Model Traffic Code. Moreover, proposed Ordinance No 2024-02 repeals and replaces the oversized vehicle restrictions from Ordinance 91-01.
Provisions of the proposed ordinance include:
• Establishing parking regulations that address:
o Parking in violation of signage or other restrictions identified on a parking control device.
o Parking of abandoned and inoperable motor vehicles on public property,
o Oversize commercial vehicle and trailers.
o Disabled parking spaces.
o Vehicle maintenance and repair within the road right of way.
o Recreational vehicles and trailers.
o Parking vehicles in a manner that obstructs the use of adjacent parking spaces.
o Parking in fire lanes on private and public property.
o Vehicles that are leaking gasoline, oil, or other fluids.
• Adoption of an increased penalty amount and authorizing the penalty assessment procedure.
• Providing for the towing and removal of abandoned, obstructing, or inoperable vehicles.
The proposed ordinance provides authority to issue parking citations for vehicles illegally parked to Zoning Inspectors, Open Space Rangers (if the violation is on or at an Open Space property), and non-certified Sheriff’s Office personnel. POST certified deputies are already vested with authority to issue parking citations and enforce state and county laws. Ordinance 2024-02 does not affect that authority.
However, in order to tow and remove a vehicle, the order must come from a POST certified deputy. This is because regulations for towing carriers prohibit towing any vehicle unless ordered by law enforcement, the owner of the vehicle, or the owner of property from which the vehicle is to be removed, as well as other complications involving towing and impounding vehicles.
The proposed Ordinance provides that any person who violates the Ordinance commits a civil infraction and upon conviction thereof, shall be punished by a fine of one-hundred and fifty dollars ($150).
The Board discussed this item at a study session on August 20, 2024. They reviewed and provided direction on the draft ordinance at a study session on September 10, 2024.
Fiscal Impact: While paid fines will provide a source of revenue, enforcement will take staff and resources which will have some fiscal impact.
Alternatives: The BOCC could elect to not proceed with the first reading of the ordinance.
Alignment with Strategic Plan:
☒Be fiscally sustainable
☒Provide essential and mandated service
☒Be community focused
Suggestion Motion(s): See attached.
Resolution: See attached.