City parking

Mayor Ignacio J. Barraza said he gets two or three phone calls a day from downtown residents complaining about the same problem. They can't park their car on their own street.

The root of the problem, Barraza said during a study session Tuesday night, is that the ordinance regulating city parking is outdated and unenforceable.

Rosemari Jesus's situation is typical of downtown residents and workers. She is a staff member at the Crawford House at 411 Crawford St. It is a group home for the mentally and physically handicapped.

"We play musical chairs with parking," she said. "We keep watch for a space. When one of us leaves, the others scramble to get a spot. It's hard. And we can't keep our cars in our driveway either because that's for the handicapped van."

At the study session, several members of council voiced their concern that the situation is getting worse. Barraza said he has heard that part of the problem is that people come over from Mexico, park their car downtown, go to Tucson for a week to work, return, drive their car back to Mexico for the weekend, then return Monday morning.

Councilman Arturo Garino said that another problem is that the police department is not enforcing the current ordinance, which bars people from parking on a city street for more than 48 hours.

"There's a car parked at the end of Calle Chico that's been there for two months," Garino said.

To remedy the situation, Mike Massee, a deputy city attorney, rewrote the entire ordinance regulating city parking.

The ordinance reorganizes many of the enforcement provisions. Section 18-62 of the proposed ordinance explains new options for enforcement and section 18-66 lists a comprehensive set of parking violations. There are also several new provisions added.

Among them, the owner and driver will be jointly liable if they are not one in the same.

A parking citation will be admissible in traffic court and residents will be issued permits. Whether or not these permits will cost anything is still up in the air but Massee said he thought that most residents would be willing to pay a small fee if it guaranteed them a parking space.

The new ordinance amplifies the authority of the superintendent of streets to adopt parking regulations and lists mandatory penalties for those that commit infractions. It also makes it easier for city officials to tow cars in violation of the ordinance and provides the ability of police officers to put a boot on a car with two or more outstanding infractions.

Most of the ordinance is pretty normal. Drivers cannot park within 50 feet of fire hydrants nor can they park in a handicap spot unless a tag is prominently displayed. Also, parking on the street can only be parallel and signs must be observed.

The biggest change in the ordinance is that which regulates permit parking. The ordinance gives the superintendent of streets the authority - with city council approval - to designate areas as Residential Parking areas. Those areas may be restricted in whole or in part to motor vehicles bearing a permit or a visitor's pass issued to residents.

It would be unlawful to do any of the following:

* Park a motor vehicle in a Residential Parking area during the designated hours unless the vehicle is equipped with a valid permit or valid visitor's pass.

* Falsify information to obtain a residential parking permit or visitor's pass.

* Fail to surrender a residential parking permit or visitor's pass to the Superintendent of Streets on demand if such permits or passes are used in violation of these provisions or if the holder of the permit or pass is no longer entitled to the pass or permit.

* Knowingly park a motor vehicle displaying a residential parking permit or visitor's pass in a Residential Parking area during the designated hours when the holder of the permit or pass is not entitled to possess the permit or pass.

* Use a residential permit or visitor's pass outside of the designated Residential Parking area for which the residential parking permit is issued or outside of the 500-foot distance from the qualified residence for which the visitor's pass is issued.

Councilman Joe Padilla brought up a problem the city could face as the ordinance goes into effect. Namely, how does the police department enforce payment for violators with Mexican plates. Chief William Ybarra didn't really have an answer but he did say that those with Mexican plates typically pay their fines very promptly.

"The judge says they pay their tickets because they're scared of losing their passports," Ybarra said.

Either way, Barraza said something must be done because the real victims of the problem are the elderly.

As Rosemari Jesus, the Crawford House worker said, "Sometimes I have to park way up the hill, and at the end of the day, I'm tired. And at my age, it doesn't make it any easier."

The council members are scheduled to vote on the ordinance at their next regular meeting in July.