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HomeMy WebLinkAboutAmending Chapter 20 entitled vehicles & traffic �I ORDINANCE No. 8179-91 Passed by the Common Council of the City of South Bend, Indiana. April 8, 91 19 Attest: 4,....e....-4___ �—...-i City Clerk IRENE K. GAMMON Attest: _ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— April 9, 91 z9 1 City Clerk IRENE K. GAMMON Approved and signed by me (40V- ) 0 ig 9 Mayor • ORDINANCE NO. ' Thy . Q j BILL NO. AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "VEHICLES AND TRAFFIC" STATEMENT OF PURPOSE AND INTENT The City of South Bend is desirous of hiring a private corporation to undertake responsibility for enforcing the City's parking ordinance. Although the language of Chapter 20 of the South Bend Municipal Code, setting forth parking and related regulations appears to contemplate enforcement of those regulations by others. than sworn members of the South Bend Police Department, only the Police Department is expressly authorized by Chapter 20 to enforce its terms. Consequently, the Common Council has determined that it is in the best interest of the City to amend Chapter 20 to make explicit the authority of the City to contract with a private party for the enforcement of Chapter 20 of the South Bend Municipal Code and, at the same time, clear up other inconsistencies or gaps within Chapter 20. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Section 20-2(a) of the South Bend Municipal Code is amended to read as follows: Sec. 20-2. Definitions. (a) As used in this article, the following terms shall mean: (1) Alley: A narrow roadway serving rear entrances to properties. ( 2) Appropriate markings: With respect to no-parking zones, appropriate markings shall mean curbs which are painted yellow. With respect to areas where parking is restricted for the exclusive use of mobility handicapped persons, appropriate markings shall mean curbs which are painted blue. (3) Authorized emergency vehicle: Vehicles of the Fire and Police Forces, including the State and County, as well as City police and such ambulances as are operated by public agencies or hospitals or have been authorized to operate as such by the Public Service Commission of Indiana. (4) Bicycle: Any foot-propelled vehicle, irrespective of the number of wheels in contact with the ground. ( 5) Bus: Every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation, including school buses. (7) Business district: The territory contiguous to and including a highway when fifty (50) percent or more of the frontage thereon for a distance of three hundred ( 300) feet or more is occupied by buildings in use for business. ( 8) Commercial vehicle: Every truck, truck tractor, truck trailer, bus or taxicab. ( 9) Crosswalk: That part of a roadway at an intersection within the prolongation or connection of the sidewalk lines, if any, or any portion of a roadway at an intersection, or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. ( 10) Driver: A person driving, operating or in actual physical control of a vehicle. (11) Emergency zone: An area along a public street or alley where stopping, parking or standing is restricted to authorized emergency vehicles. ( 12) Handicapped parking: An area along a public street or alley, or an area in a city-owned parking garage, which is restricted exclusively for mobility handicapped persons. ( 13) Intersection: The area embraced within the prolongation or connection of the lateral curblines, or if none, then the lateral boundary lines of the roadways of two ( 2) or more streets, alleys and/or highways which join or intersect with one another. ( 14) Loading zone: An area along a public street or alley where stopping, parking or standing is limited to the time required to load or unload persons or property. ( 15) Mobility handicapped person: A person who has been issued disabled veteran registration plates, special registration plates, or a handicapped parking permit issued by any State or municipality, bearing a permit number, signature of the authorizing State or municipal official(s) , and the official international wheelchair symbol or a reasonable facsimile thereof. ( 16) Motor vehicle: Every vehicle which is self-propelled. (17) Motorcycle: Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground but excluding tractors. (18) No parking zone: That portion of any street, alley or highway at and near the approaches to intersections and other congested or dangerous areas, including those locations set forth in I.C. 9-4-1-114, where parking is prohibited for purposes of safety and the expeditina of the flow of traffic. or controlling traffic which conforms with the requirements of the Indiana Manual on Uniform Traffic-Control Devices for Streets and Highways, as approved by the Indiana State Highway Commission. ( 20) Officer. Every individual authorized to enforce the provisions of this chapter, including, but not limited to, all sworn members of the South Bend Police Department and all employees and agents of private entities under contract with the City to enforce the provisions of this chapter. +29}( 21) Operator: Every individual who shall operate a vehicle as the owner thereof or as the agent, employee or permittee of the owner or who is in actual physical control of a vehicle. f21}( 22) Park or parking: The standing of a vehicle, whether occupied or not, upon a street otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers or loading or unloading merchandise, or in obedience to traffic regulations, signs or signals or an involuntary stopping of the vehicle by reason or causes beyond the control of the operator of the vehicle. f22}( 23) Parking: The stopping of a motor vehicle in a roadway or in a portion of a roadway, except as required by a traffic-control signal or device, and other than momentarily for the purpose of loading or unloading persons or property, regardless of whether or not the vehicle is left unattended while stopped. "Momentarily" for this purpose means less than one ( 1) minute. f23}(24) Parking meter: Any mechanical device or meter not inconsistent with this division placed or erected for the regulation of parking by authority of this division. Each parking meter installed shall indicate by proper legend the legal parking time established by the City, and, when operated, shall at all times indicate the balance of legal parking time, and at the expiration of such period shall indicate illegal or overtime parking. f20(25) Parking meter space: Any space within a parking meter zone, adjacent to a parking meter, and which is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining the parking meters. f2S}(26) Parking meter zone: Any restricted street upon which parking meters are installed and in operation. 4-26}(27) Passenger vehicle: Every motor vehicle, other than a taxicab or bus, designed and used for the transportation of persons. 4.- 74(9R) PPrlc.ctri an- Any nc rcnn afnnt _ f29}( 30) Preferential or through street: A street or highway duly designated as one on which the traffic has preference over the traffic on intersecting streets or alleys and which traffic on intersecting streets cannot enter or cross without first stopping and/or yielding in accordance with stop or yield signs erected thereon. +39}( 31) Private road or driveway: Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. +31}(32) Railroad: A carrier of persons or property upon cars, operated upon stationary rails. +32}( 33) Railroad Train: A locomotive with or without cars coupled thereto, operated upon rails, except electric trains. +33}( 34) Residence district: The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred ( 300) feet or more is in the main improved with dwellings or dwellings and buildings in use for business. 430(35) Right-of-way: The privilege of the immediate use of the roadway. +35}( 36) Raodway. That portion of a public street, alley or highway designed, improved or ordinarily used for vehicular traffic. {36}(37) Safety zone: A duly designated area or space within a roadway for the use of pedestrians. f37}( 38) Sidewalk: That portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. f38}( 39) Standing: Any stopping of a vehicle, whether occupied or not. f39}(40) Stop: When required, complete cessation of movement. +40)-(41) Stop or stopping: When prohibited, any stopping of a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic-control sign or signal.. +41}(42) Street or highway: The entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter or right, for the purpose of vehicular traffic. • 4424(43) Taxicab: Every motor vehicle designed and used to transport persons, not more than six ( 6) in number, not including the driver, and which does not operate over any definite designated routes and the destination of which is designated by the passenger or passengers at the time of such transportation. ¢43}( 44) Taxicab stand: An area along a public street or alley where taxicabs may park while waiting for passengers and where parking by vehicles other than taxicabs is prohibited. 444}(45) Time limit zone: That continuous portion of any street, alley or highway bounded by any street, alley or driveway, with respect to which parking thereupon is limited to a specified period of time. 4454(46) Traffic: Vehicles, bicycles and pedestrians either singly or together while using any street, alley or highway for purposes of travel. 4464(47) Traffic authority: The Director of the City Traffic Division within the office of the City Engineer designated as the City Traffic Director. 4474(48) Truck: Every motor vehicle designed, used or maintained primarily for the transportation of property. 448}(49) Truck tractor: Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. 449}( 50) Truck trailer: Every vehicle designed and used primarily for carrying property and for being drawn by a motor vehicle, including, but not limited to, semitrailers, pole trailers and vehicle transporters. 459}(51) Vehicle: Every devise in, upon or by which any person or property is or may be transported or drawn upon a street, alley or highway, except devices moved by human power or used exclusively upon stationary rails or trucks. SECTION II. Section 20-3 (a) of the South Bend Municipal Code is amended to add a new subdivision, subdivision (a) ( 12) , which shall read as follows: Sec. 20-3 . Authority of Board of Public Works. (a) The Board of Public Works shall have authority: * * * * ( 12) Contract for Private Enforcement Services. To contract with a private party for the enforcement of the /provisions of this Chanter_ suhiect to the SECTION IV. Section 20-17 of the South Bend Municipal Code is amended to read as follows: Sec. 20-17. Violations; notice; contents; copies. (a) The Police Department shall enforce the provisions of this chapter. Additionally, the City of South Bend, acting by and through its Board of Public Works, may provide for the enforcement of this chapter by contract with a private party, subject to the following conditions: ( 1) Any private party under contract to enforce the provisions of this chapter shall comply with any and all rules, regulations, practices and policies of the City and shall cause the enforcement of this chapter by its agents and/or employees to be undertaken in accordance with all such rules, regulations, policies and practices. ( 2) Any private party under contract to enforce the provisions of this chapter and any of its agents and employees shall perform all duties under such contract in accordance with any and all instructions received from the City's designated agent or agents. ( 3) All employees or agents of a private party under contract to enforce the provisions of this chapter who are assigned to enforce the provisions of this chapter must first obtain a special commission from the Board of Public Safety, revocable at the discretion of the Board of Public Safety, authorizing them to undertake such enforcement activities. Under no circumstances, however, shall any such individual by virtue of such commission be deemed an employee, servant, officer or agent of the City. ( 4) Any private party under contract to enforce the provisions of this chapter shall cause to be issued by its employees or agents violation notices on forms prescribed by the Police Department. (b) Whenever a member of the Police Department or other person charged with the enforcement of this chapter finds that any section or sections are being violated or have been violated by the owner or operator of any vehicle, he shall notify the owner or operator of such vehicle, in writing, on a form to be provided by the City, of such violation. (c) The notice shall: ( 1) be made in duplicate; ( 2) be serially numbered; ( 3) show the specific violation charged; ( 4) show the registration or State license number of the vehicle involved; ( 5) show the violator' s name, address, and operator' s license number, if possible to obtain the same; and (6) state any other information which the officer may then and there diRcwer_ shall require the person notified to appear within ferty-eight-f48} hours--at-th.e-he tr-specfied.-ia-the f:etiee five (5) days of the issuance of the notice at the Traffie Ordinance Violations Bureau and at that time make payment of the fine assessed. The officer er-effieer serving such notice shall file the duplicate copy in the office of the Feliee-Bepartment Ordinance Violations Bureau. Section V. Section 20-19 of the South Bend Municipal Code is amended to read as follows: Sec. 20-19. Failure to comply with notice; owner' s responsibility; penalties. (a) Whenever any person who has been issued a notice as provided in sSection 20-17 fer-the-vielatiens-set ferth-in-Seetien-29-18, fails or refuses to appear within ferty-eight-f48}-hours five ( 5) days after service of such notice at the Traffie Ordinance Violations Bureau or having appeared fails or refuses to pay the Clerk the fee in settlement of the charge and violation, then the Traffie Ordinance Violations Bureau shall send to the owner of the motor vehicle to which the notice was affixed a letter notice informing him of the violation and warning-him-that he-will-be-held-responsible-for-the-appearanee-of-the offender informing him of the penalty prescribed under Section 20-18 for which he will be held responsible. In the . event such letter notice is disregarded for a period of five ( 5) days a complaint for ordinance violation will be filed and-a-warrant-ef-arrest-issued. (b) If it is necessary to issue a warrant-ef-arrest complaint for ordinance violation the person named therein shall stand-trail-fer-the-eharge:--U upon conviction, he shall be subject to the penalties prescribed in Section 1-23 of this Code. SECTION VI . Section 20-20 of the South Bend Municipal Code shall be Reserved until further action of the Common Council. SECTION VII. Section 20-21 of the South Bend Municipal Code is amended to read as follows: (a) Except when authorized or directed under State law to immediately take a person arrested for a violation of any of the traffic laws before a magistrate, any police officer, upon making the arrest for violation of the State traffic laws er-this-ehapter, shall take the violator' s name, address, operator' s license number, and the registration number of the motor vehicle involved, and issue to him in writing on a uniform traffic ticket and complaint as prescribed by state law a notice to answer to the charge against him within five ( 5) days during business hours and at a place specified in the notice. The police officer shall, upon the violator giving the police officer his written promise to answer as specified in the notice, release the violator from custody. The arresting police officer shall deliver one ( 1) copy of such notice to the Clerk of the St. Joseph Circuit Court. (b) Whenever any motor vehicle without a driver is found parked or stopped in violation of any provision of .0.148-ehmn Pr-Pir-anTe RtatP law i-h . nnl i -c nff i r. chat 1 shall deliver one (1) copy of the notice to the Clerk of the St. Joseph Circuit Court. SECTION VIII. Sections 20-53 through 20-58, inclusive, of the South Bend Municipal Code are Reserved until further action of the Common Council. SECTION IX. This ordinance shall be in full force and effect from and after its passage by the Council and approval by the Mayor. '' /4" Mem er, C. 10Fn Council City of South Bend t``� ...1865: . . Joseph E. Kernan, Mayor Department of Administration and Finance Katherine Humphreys, Director March 20, 1991 Mr. Donald Niezgodski President, South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Re: An Ordinance of the Common Council of the City of South Bend, Indiana, Amending Chapter 20 of the South Bend Municipal Code, Entitled "Vehicles and Traffic" Dear Mr. Niezgodski, I am attaching for filing an ordinance amending Chapter 20 of the South Bend Municipal Code. You will note that I am at this time filing only the title; the full text of the ordinance will be filed prior to the week' s end. The proposed amendments will serve to clarify inconsistent and incomplete language within, including that concerning enforcement of, the parking ordinance. This ordinance complements the ordinance transferring funds within the City' s Parking Garage Fund, which I have also file today. As with that ordinance, I am asking that the Council suspend its rules and give this ordinace first reading and public hearing and final reading at its March 25th meeting. Your favorable consideration is respectfully requested. Sincerely, /9e Katherine Hump r +eys City Controller County-City Building • South Bend, Indiana 46601 • 219/284-9742 Fax 219/284-9892 Catherine A. Hubbard John D. Leisenring C. J. Cartwright Personnel Director Chief Deputy Controller Safety & Risk Manager 284-9124 284-9483 284-9482 Q nmmtttre Ittpurt alp tlit Comm Qtouuril of tip tlitg of Omit h Ainth: Your Committee of the Whole to whom was referred BILL NO. 23-91 SECOND READING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "VEHICLES AND TRAFFIC. " Respectfully•report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Loretta Duda Chairman FREE FREES ozeW. PUBLISHING CO.