Item Coversheet

City of Topeka
Council Action Form
Council Chambers
214 SE 8th Street
Topeka, Kansas 66603
www.topeka.org
October 8, 2019
DATE:October 8, 2019
CONTACT PERSON:Brent Trout/Council Member Sandra ClearDOCUMENT #:
SECOND PARTY/SUBJECT:Sasha Haehn/Luther GanieanyPROJECT #:
CATEGORY/SUBCATEGORY 013 Ordinances - Codified / 142 Traffic and Vehicles
CIP PROJECT:No
ACTION OF COUNCIL:Discussion 09-17-19.JOURNAL #:
PAGE #:

DOCUMENT DESCRIPTION:

 

ORDINANCE introduced by Councilmember Sandra Clear, concerning parking on nonpaved surfaces, amending City of Topeka Code Sections 2.40.130, 2.40.210 and 10.60.120 and repealing original sections.

 

Voting Requirement: At least six (6) votes of the Governing Body is required.

 

(Approval would clarify that the Topeka Police Department is assuming primary enforcement authority; change the title of Section 10.60.120 from “Parking of vehicles on nonpaved surfaces” to “Parking of vehicles on residential property; add specific definitions for “paved or graveled area” and “driveway; exempt driveways from the restrictions of Section 10.60.120; and remove the disability exemption.) 

VOTING REQUIREMENTS:
At least six (6) votes of the Governing Body is required.
POLICY ISSUE:

Whether to amend the ordinance regulating parking on nonpaved surfaces to:  (1) clarify that the Topeka Police Department is assuming primary enforcement authority; (2) change the title of Section 10.60.120 from “Parking of vehicles on nonpaved surfaces” to “Parking of vehicles on residential property;” (3) add specific definitions for “paved or graveled area” and “driveway;” (4) exempt driveways from the restrictions of Section 10.60.120; and (5) remove the disability exemption. 

STAFF RECOMMENDATION:
Staff recommends the Governing Body move to adopt the ordinance.
BACKGROUND:

Topeka Municipal Code Section 10.60.210 currently prohibits parking on residential lots unless the area is “improved with at least four inches of rock, gravel, paver brick, asphalt, or concrete.”  The intent of the current code provision is to keep vehicles and trailers off the grass.  However, some individuals are placing blocks under each wheel, which technically complies with the ordinance – but defeats its underlying intent.  The proposed revisions contain an added definition for “Paved or graveled area” in an effort to more clearly define the type of surface that will be deemed compliant with the underlying intent; as well as an added definition for “Driveway.”  The proposed revisions would exempt driveways from the restrictions contained in Section 10.60.210.  

 

Other revisions would place definitions in alphabetical order; identify the Topeka Police Department as the primary enforcement authority; and remove the disability exemption.

 

If approved, the effective date of the ordinance would be January 1, 2020, so that individuals would have sufficient time within which to comply.

BUDGETARY IMPACT:
Not Applicable
SOURCE OF FUNDING:
Not Applicable
ATTACHMENTS:
Description
Ordinance (Staff Proposal Post-Discussion from Sept 17, 2019 GB Meeting)
Ordinance (Dated 09-17-19)
Overview of Revisions