09-28-09 Common Council Meeting Agenda & Packet

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Non-Residential Temporary Parking Ordinance Page 6 (n) Repairing lawn ruts: All owners of any residentially zoned area who were issued a conditional use lawn parking permit under this section shall be required to repair all lawn ruts within thirty (30) days, weather permitting. All other lawn ruts must be repaired no later than April 30 of the following year. (o) Permit holder assumes all risk and peril: Any person issued a permit under this section assumes all risk or peril. Such person may be responsible for any and all physical loss or damages incurred which may result from any lawn parking on such person's property. The City of South Bend is free and harmless from any liability loss, costs, damages or expenses, including attorney fees and related expenses. (p) Tem orar Conditional Use Parkin Permit or Non-Residential Areas: All of the regulations set forth in this section shall apply to any person who desires to park or who desires to permit the parkin of motor vehicle(s) on non residential parking area where a fee is collected except that no parking~shall be,permitted on the lawn or grass area of the non-residential area. No permit shall be required where the primary use or accessory use of such lot or a portion of such a lot for the arkin of vehicles alread meets the re uirements of a arktri lot as further addressed in Sec. 21 11 02 of the South Bend Municipal Code. ~ ~ Citations: Any person violating any provision of this section shall be issued a citation for each violation by a Police Officer or a Code Enforcement Officer subjecting the violator to the penalty provisions of Section 14-58 of the South Bend Municipal Code. Sec. 14-59. 1®Ton-transferability; Refusal to Issue and Revocation Hearings. (a) Any person applying for a conditional use lawn parking permit, a Temporary Conditional Use Parking Permit for Non-Residential Areas or conditional use permit for a special event at a boarding house under this article is prohibited to transfer such document(s) to a different residential location. Such transfer shall be a violation of this article subjecting the violator to the penalty provisions of Section 14-58. (b) All refusals to issue a permit; suspension or revocation of permits issued under this article shall be governed by the procedures set forth in Section 4-16 of the South Bend Municipal Code. Section II. Severability. If any part, section, subsection, sentence, clause or phrase in this Article is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Article.