SB0218

SENATE BILL 218

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

William P. Soules

AN ACT

RELATING TO PARKING; AMENDING THE ACCESSIBLE PARKING STANDARDS AND ENFORCEMENT ACT, THE MUNICIPAL PARKING LAW AND THE GREATER MUNICIPALITY PARKING LAW TO PROVIDE FREE PARKING TO FIFTY PERCENT OR MORE DISABLED VETERANS AT STATE-OWNED PARKING LOTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 3-50-5 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-51-5) is amended to read:

"3-50-5. POWERS OF CITY.--

A. Every city, in addition to other powers conferred by the Municipal Parking Law, shall have power and it is hereby authorized to:

[A. to] (1) purchase and install, maintain, regulate, operate and manage parking meters and parking spaces upon the streets of [said] the city;

[B. to] (2) purchase, acquire, lease, rent, construct, reconstruct, improve, alter, repair, maintain, operate and manage parking facilities for the parking of motor vehicles off the public streets together with public rights of way necessary or convenient [therefor] for parking facilities, including the leasing of the operation [there of] of the parking facilities, and including the leasing of a portion of the space at any such parking facility to private operators for commercial purposes, such as gasoline service stations, which are directly related to the operation of [such] the parking facility when in the judgment of the governing body it is convenient or necessary to permit such leasing in order to utilize the balance of the property as a parking facility;

[C. to] (3) purchase, acquire by gift, grant, bequest or devise or otherwise any real or personal property or any interest therein, together with the improvements thereon, to be used as parking facilities or incident [thereto] to parking facilities;

[D. to] (4) insure or provide for the insurance of any parking facility established by the city against such risks and hazards as the city may deem advisable;

[E. to] (5) arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for or in connection with a parking facility project;

[F. to] (6) acquire by the exercise of the power of eminent domain any real property which it deems necessary for its purposes under the Municipal Parking Law after the adoption by it of a resolution declaring that its acquisition is necessary for such purposes. This power shall be exercised in the manner provided by any applicable statutory provisions and laws of the state of New Mexico and acts amendatory thereof or supplementary thereto. Title to property so acquired shall be taken in the name of the city; provided, however, that no existing parking facility shall be acquired by the exercise of the power of eminent domain unless the project to be furnished or constructed by the city will encompass a parking facility not less than three times the area of the existing parking facility and unless the owner or lessor of the existing parking facility [shall refuse] refuses to furnish or construct a parking facility not less than three times its present area;

[G. to] (7) sell, lease, exchange, transfer, assign or otherwise dispose of any real or personal property or any interest therein acquired for the purpose of the Municipal Parking Law;

[H. to] (8) do any act in order to furnish motor vehicle parking space and to establish parking facilities for motor vehicles parked within the city and to handle and care for any such vehicles parked within any parking space owned, controlled or operated by the city;

[I. to] (9) receive, control, invest and order the expenditure of any and all [moneys] money and funds pertaining to parking facilities and parking meters or related properties;

[J. to] (10) exercise all or any part or combination of the powers [herein] granted in this section; and

[K. to] (11) do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of the Municipal Parking Law.

B. No parking fee shall be charged to an occupant of a vehicle properly displaying a valid fifty percent or more disabled veteran registration plate issued pursuant to Section 66-3-412 NMSA 1978 for parking in parking facilities owned by the state or its political subdivisions."

SECTION 2. Section 3-51-5 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-52-5) is amended to read:

"3-51-5. POWERS OF CITY.--

A. Every city shall have all the powers necessary, convenient, desirable or appropriate to carry out the purposes and provisions of the Greater Municipality Parking Law, including the following powers in addition to other powers conferred by the Greater Municipality Parking Law to:

[A. to] (1) purchase and install, maintain, regulate, operate and manage parking meters and parking spaces upon the streets of the city;

[B. to] (2) purchase, acquire, lease, rent, construct, reconstruct, improve, alter, repair, maintain, operate and manage parking facilities for the parking of motor vehicles off the public streets, together with public rights-of-way necessary or convenient [therefor] for the parking facilities, including the leasing of the operation [thereof] of the parking facilities and including the leasing of a portion of the space at any such parking facility to private operators for commercial purposes when in the judgment of the governing body it is convenient or necessary to permit such leasing in order to utilize the balance of the property as a parking facility;

[C. to] (3) purchase, acquire by gift, grant, bequest or devise or otherwise any real or personal property or any interest therein, together with the improvement thereon, to be used as parking facilities or incident [thereto] to parking facilities;

[D. to] (4) insure or provide for the insurance of any parking facility established by the city against such risks and hazards as the city may deem advisable;

[E. to] (5) acquire by the exercise of the power of eminent domain any real property or personal property or any interest therein which it deems necessary for its purposes under the Greater Municipality Parking Law after the adoption by it of an ordinance declaring that its acquisition is necessary for such purposes. This power shall be exercised in the manner provided by any applicable statutory provisions and laws of the state of New Mexico and acts amendatory thereof or supplementary thereto. Title to property so acquired shall be taken in the name of the city;

[F. to] (6) sell, lease, exchange, transfer, assign or otherwise dispose of any real or personal property or any interest therein acquired for the purpose of the Greater Municipality Parking Law; and

[G. to] (7) receive, control, invest and order the expenditure of any and all [moneys] money and funds pertaining to parking facilities and parking meters or related properties if the same are not otherwise committed.

SECTION 3. Section 66-7-352.4 NMSA 1978 (being Laws 1983, Chapter 45, Section 4, as amended) is amended to read:

"66-7-352.4. PARKING LOTS--STANDARDS.--

A. Every parking lot coming under the provisions of the Accessible Parking Standards and Enforcement Act shall have designated and maintained accessible parking spaces for persons with significant mobility limitation as provided in Subsection B of this section. No building permit shall be issued by any local government for the construction or substantial renovation of a commercial building inviting public access unless the parking lot has designated accessible parking spaces for persons with significant mobility limitation as delineated in Subsection B of this section.

B. The minimum numbers of designated accessible parking spaces for persons with significant mobility limitation are as follows:

TOTAL PARKING SPACES IN LOT REQUIRED MINIMUM NUMBER OF PARKING SPACES FOR PERSONS WITH SIGNIFICANT MOBILITY LIMITATION

1 to 25 1

26 to 35 2

36 to 50 3

51 to 100 4

101 to 300 8

301 to 500 12

501 to 800 16

801 to 1,000 20

more than 1,000 20, plus 1 for

each 100 over 1,000.

The designated accessible parking spaces for persons with significant mobility limitation shall be located so as to provide the most convenient access to entranceways or to the nearest curb cut. Every parking lot shall have at least one designated accessible parking space for persons with significant mobility limitation designed to accommodate a motor vehicle passenger van, and there shall be a minimum of one such space for every eight designated accessible parking spaces for persons with significant mobility limitation.

C. A sign or other designation posted after

July 1, 2010 at an accessible parking space pursuant to this section shall include the language "Violators are subject to a fine and/or towing.".

D. No parking fee shall be charged to an occupant of a vehicle properly displaying a valid fifty percent or more disabled veteran registration plate issued pursuant to Section 66-3-412 NMSA 1978 for parking in a parking lot owned by the state or its political subdivisions."

SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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