HomeMy WebLinkAboutAmending Chapter 20 Entitled Vehicles & Traffic ORDINANCE No. 8089--90
Passed by the Common Council of the City of South Bend, Indiana
June 11, 19 90
Attest: „ r'°"- City Clerk
IRENE K. GAMMON
Attest: /jam __Ls�. President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana _
June 12, ig 90
City Clerk
IRENE K. GAMMON
Approved and signed by me June 13 ig 9 0
(2/:(1014.- Mayor
SUBSTITUTE BILL NO. 33-90
ORDINANCE NO. ` pV4 -9 0
AN ORDINANCE AMENDING CHAPTER 20 OF THE
SOUTH BEND MUNICIPAL CODE
ENTITLED "VEHICLES AND TRAFFIC"
STATEMENT OF PURPOSE AND INTENT:
The Common Council and the City administration have determined
that certain amendments to Chapter 20 of the South Bend Municipal
Code, entitled "Vehicles and Traffic" are necessary. The following
bill incorporates the amendments which are deemed to be in the best
interest of the City of South Bend.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, AS FOLLOWS:
SECTION I. Chapter 20, Article 1, Section 20-2 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.
f2 3-(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.
f3}(4) Bicycle: Any foot-propelled vehicle,
irrespective of the number of wheels in contact
with the ground.
f0( 5) Bus: Every motor vehicle, other than a
taxicab, designed and used for the transportation
of persons for compensation, including school
buses.
f5}( 6) Bus loading zone: An area along a
public street or alley where buses are permitted
to stop while loading or unloading passengers and
where parking by vehicles other than buses is
prohibited.
+64(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.
f7 4( 8) Commercial vehicle: Every truck, truck
tractor, truck trailer, bus or taxicab.
f8}(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.
+94( 10) Driver: A person driving, operating or
in actual physical control of a vehicle.
f16 4( 11) Emergency zone: An area along a
public street or alley where stopping, parking or
standing is restricted to authorized emergency
vehicles.
fie:i}(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.
+114(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.
+124( 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.
+1271 4( 15) Mobility handicapped person: A
person who has been issued disabled veteran
registration plates, er special registration
plates;-er-a-Seuth-Bend-Handicapped-Parking
Permit, 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.
+13 4(16) Motor vehicle: Every vehicle which is
self-propelled.
+14 4(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
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.
f46}( 20) 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.
f14}( 21) 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.
438}( 22) 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.
f19}( 23) 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.
f29}( 24) 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.
f2}}( 25) Parking meter zone: Any restricted
street upon which parking meters are installed and
in operation.
f22}( 26) Passenger vehicle: Every motor
vehicle, other than a taxicab or bus, designed and
used for the transportation of persons.
+23}( 27) Pedestrian: Any person afoot.
+20( 28) Police Officer: Every officer of the
City Police Department or any officer authorized
to direct or regulate traffic or to make arrests
for violations of traffic regulations.
426 4.(29) 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.
f26}( 30) 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.
f21}( 31) Railroad: A carrier of persons or
property upon cars, operated upon stationary
rails.
+28}( 32) Railroad Train: A locomotive with or
without cars coupled thereto, operated upon rails,
except electric trains.
f29}(33) 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.
+39 3.( 34) Right-of-way: The privilege of the
immediate use of the roadway.
f33}(35) Roadway. That portion of a public
street, alley or highway designed, improved or
ordinarily used for vehicular traffic.
+32}( 36) Safety zone: A duly designated area
or space within a roadway for the use of
pedestrians.
f33}( 37) 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.
+34}( 38) Standing: Any stopping of a vehicle,
whether occupied or not.
+35}( 39) Stop: When required, complete
cessation of movement.
f36}( 40) 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.
f37+(41) 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.
f38 4(42) 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.
+39}(43 ) 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.
(44) 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.
f48}( 45) Traffic: Vehicles, bicycles and
pedestrians either singly or together while using
any street, alley or highway for purposes of
travel.
+41}( 46) Traffic authority: The Director of
the City Traffic Division within the office of the
City Engineer designated as the City Traffic
Director.
f42}( 47 ) Truck: Every motor vehicle designed,
used or maintained primarily for the
transportation of property.
+43}(48) 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.
+40(49) 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.
+45 3.( 50) 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. Chapter 20, Section 20-13 is amended to read as follows:
Section 20-13. Impounding of vehicles; illegal parking, standing
or stopping of vehicles.
(a) When signs are erected giving notice; of any
restriction or prohibition concerning the parking,
standing or stopping of vehicles, the Police Department
or its designee may remove and impound any unoccupied
and unattended vehicle upon any street found vieiatiag
any-ef-the-pfevisiens-ef-this-eerie-er-any-erdinanee-ef
the-eity-reiatiag-te-the-parking;-standing-er-stagging
ef-vehieies in violation of any of the restrictions or
prohibitions indicated on such signs.
SECTION III. Chapter 20, Article 5, Section 20-67 is amended to read
as follows:
Section 20-67. Parking prohibited or limited in certain
designated places.
(a) No person shall park a vehicle at any time upon
any street, alley or highway in any area where
appropriate signs and or markings have been placed
indicating that parking is prohibited or that the area
is a no parking zone, nor in any area where signs have
been placed indicating that parking is limited to a
specified length of time for a period longer than
specified upon such signs, nor in any area where signs
have been placed indicating that parking is prohibited
during certain hours of the day or days or portions of
days of the week, during hours or portions of days
during the times when parking is prohibited as directed
on such signs.
(b) Within any period of twenty-four ( 24) consecutive
hours, no vehicle shall be parked at any one or
combination of locations within any time limit zone for
a total period of time longer than specified on signs
indicating the length of time to which parking is
limited.
fb}(c) No vehicle shall be parked on public streets
within the business district of the City of South Bend
which district shall be bounded by St. Joseph Street to
the east, Lasalle Avenue to the north, Lafayette
Boulevard to the west, and Monroe Street to the south,
nor on designated public highways between the hours of
2:00 a.m. and 6: 00 a.m. on Monday through Friday
inclusive. Said-business-district-and-designated
highways-shaii-be-se-designated-and-pasted-by-the-Beard
ef-Pubiie-Werks-fer-the-eity-ef-Seuth-Beset.
fe}(d) No vehicle shall be parked, between the hours
of 8: 00 a.m. and 4:00 p.m. , on City streets which are
not within the business district during those periods
of time and in those sections of the City so designated
by the Director of the Division of Transportation for
street sweeping or for leaf pickup. Except that parking
will be allowed on said streets at said times as
follows:
(1) On that side of the street having
even-numbered addresses on the even-numbered days
of the month; and
(2) On that said of the street having
odd-numbered addresses on the odd-numbered days of
the month.
fd}(e) Nothing in this section is intended to affect
the parking of vehicles on Saturdays, Sundays or
holidays unless a snow emergency is called according to
the provisions of section 20-103 of Article 7, Chapter
20, of the Municipal Code of the City of South Bend.
fe}(f) The Director of the Division of
Transportation shall cause to be published within three
(3 ) days of the beginning of each week the schedule for
the next week of both street sweeping and leaf pickup.
SECTION IV. Chapter 20, Article 9 shall be amended as follows:
Section 20-110. Qualified persons.
(a) Disabled Veteran Registration Plates. A person
who has been issued disabled veteran registration
plate(s) by this or any other state and who displays
said plate(s) shall be entitled to all of the parking
privileges authorized by this article.
(b) Special Registration Plate. A person who has been
issued special registration plate(s) bearing the
official international wheelchair symbol or a
reasonable facsimile thereof by this or any other state
and who displays said plate(s) shall be entitled to all
of the parking privileges authorized by this article.
(c) Seuth-Bend State of Indiana Handicapped Parking
Permit. A person or authorized commercial vehicle
specifically designed to transport mobility handicapped
persons for a fee, who have been issued a handicapped
parking permit by the eity State, bearing a permit
number, permit-heldef s-sate; signature of the
authorizing eity State official(s) , and the official
international wheelchair symbol or a reasonable
facsimile thereof shall be entitled to all of the
parking privileges authorized by this Article.
Section 20-111 shall be deleted in its entirety.
Section 2A-1122 20-111. Designation of handicapped parking
spaces.
(a) Any person on behalf of any mobility handicapped
person or authorized group organization representing
the handicapped may request the Board of Public Works
to designate a space or spaces for handicapped parking.
(b) The Board shall refer such request(s) to the
Bureau of Traffic and Lighting for review and
recommendation.
(c) Upon the receipt of the Bureau of Traffic and
Lighting review and recommendation, the Board shall
either accept, modify or deny said recommendation.
(d) Upon the Board' s designation of a space for
handicapped parking, a sign shall be installed bearing
the words:
"HANDICAPPED PARKING ONLY DISABLED
LICENSE OR PERMIT REQUIRED ALL-eTHERS
WI BB-BE-TeWEB-AWAY-AT-eWNER1 S-EX PENSE"
or similar language consistent with the State manual
and specifications for uniform system of traffic
control devices, and the official international
wheelchair symbol or a reasonable facsimile thereof.
All angle parking spaces so designated shall be at
least thirteen ( 13) feet wide.
Section 29-443 20-112. Penalties.
f a}--A-person-who-kmewingly-and-falsely-regreeents
himself-as-having-the-quallfleatlens-te-obtain-a-South
Benel-Hanelleappeel-Parking-Permit-may-be-f lased-up-te-a
maximum-e&-ene-huddled-dollars-f$101.-88}.
+b} Any motor vehicle found parking in areas
designated for the exclusive use of mobility
handicapped persons which does not bear a disabled
veteran registration plate, a special registration
plate, or display a South-Bend handicapped parking
permit issued by any State or municipality ► shall be
fined fifty dollars ( $50.00) . Additionally, any motor
vehicle found in violation of this subsection for
longer than one (1) hour shall be towed at the owner' s
expense. anel-towed-at-the-ewneris-expense-if-fennel
te-be-in-vlelatien-longer-than-ene-f1}-heur:
Continuing violations under this section shall
constitute a separate offense and be punishable by a
separate penalty for each infraction.
SECTION V.
This ordinance shall be in full force and effect from and after
its adoption by the Common Council and approval of the Mayor.
Member, South Be Commo ouncil
flammttur Irpart
Ulu the Tom= fdountil of the flit of'outs Penh:
of the Whole
Your Committee
to whom was referred
BILL NO.
33-90 A BILL 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, as amended,
by substitution of a new bill.
Sean Coleman
Chairman
FREE PRESS sgarss PUBLISHING CO.
.\�� 1
/ �� "v% o % City of South Bend
a} Joseph E. Kernan, Mayor
w\865
South Bend Police Department
Ronald G. Marciniak, Chief of Police
May 9, 1990
Mr. Thomas Zakrzewski
President
South Bend Common Council
4th Floor
County/City Building
South Bend, IN 46601
Re: Ordinance Amending Chapter 20 of the South Bend
Muncipal Code
Dear Mr. Zakrzewski:
I am enclosing, for filing with the Council, an ordinance
amending Chapter 20 of the South Bend Municipal Code. Chapter 20
contains various parking and traffic regulations in effect within the
City. The enclosed ordinance serves to clarify ambiguities and
correct misstatements in the ordinance. Your favorable consideration
is respectfully requested.
Sincerely,
Ronald G. Marciniak
Chief, South Bend Police
Department
Encs.
701 W. Sample St. • South Bend, Indiana 46625 • 219/284-9311
Larry E. Bennett Donald A. Ruszkowski Joel H. Wolvos
Uniform Division Chief Investigative Division Chief Services Division Chief
284-9315 284-9263 284-9314