CITY of ALBUQUERQUE
TWENTY FOURTH COUNCIL
COUNCIL BILL NO. O-21-54 ENACTMENT NO. ________________________
SPONSORED BY: Isaac Benton
ORDINANCE
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Amending The Traffic Code To Implement Additional Guidance For The Establishment Of New Residential Permit Parking Areas (Benton)
body
AMENDING THE TRAFFIC CODE TO IMPLEMENT ADDITIONAL GUIDANCE FOR THE ESTABLISHMENT OF NEW RESIDENTIAL PERMIT PARKING AREAS.
BE IT ORDAINED BY THE CITY COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. AMENDING SECTION 8-5-1-4(B), THE “STOPPING, STANDING OR PARKING WITHIN CERTAIN HOURS PROHIBITED BY SIGNS” SECTION OF THE TRAFFIC CODE AS FOLLOWS:
“(B) (1) The Mayor, or Mayor’s designee, may establish residential permit parking areas and issue permits to residents of the area subject to regulations established by the Mayor or Mayor’s Designee that, at a minimum, consider the following:
(a) The demand for on-street parking on the effected streets relative to the parking availability, and parking needs of the residents;
(b) The relative value of on-street parking for non-area residents to allow access to community amenities and resources balanced against any significant impacts on the area residents that may justify the need for parking limitations or restrictions; and
(c) Economic Development, and support for community commerce.
(2) At least one community meeting shall be held for area residents and members of the general public to voice concerns and considerations about a proposed residential parking by permit area; and
(3) The Mayor shall submit an executive communication to the City Council for its approval of each instance of the establishment of a new residential parking by permit area designation. The proposed residential parking permit area will become effective only upon the City Council’s approval of the respective executive communication.
(4) The residents or the entity or event which causes the need for such on street parking, or the permitted residents may be required to pay for all direct and indirect costs caused by, or associated with, permit parking.
(C) Permit parking may be created on a pilot basis or by the Department of Municipal Development if permit parking may resolve special circumstances affecting an area.”
SECTION 2. Enactment of this Ordinance constitutes the amendments contemplated by ‘Section 1’ and ‘Section 2’ of R-21-144 (Enactment R-2021-018). However, the City shall evaluate the residential parking permit area restrictions on Trellis Drive and Decker Road between Campbell Road and Candelaria Road pursuant to the changes enacted herein, and re-initiate enforcement or otherwise rescind, fully or partially, the restrictions on those streets only as deemed appropriate based on its evaluation.
SECTION 3. SEVERABILITY CLAUSE. If any section, paragraph, sentence, clause, word or phrase of this ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 4. COMPILATION. Section 1 of this ordinance shall amend, be incorporated in and compiled as part of the Revised Ordinances of Albuquerque, New Mexico, 1994.
SECTION 5. EFFECTIVE DATE. This ordinance shall take effect five (5) days after publication by title and general summary.
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