HomeMy WebLinkAboutAmending Chapter 20 Snow Removal ProceduresORDINANCE No 7404 -84
Passed by the Common Council of the City of South Bend, Indiana
November 19, 19 84
K City Clerk
IRENE K. GAMMON
er�iIl�s'��,1� ,
Presented by me to the Mayor of the City of South Bend, Ind'ana
November 20, 19 84
City Clerk
IRENE K. GAMMON
Approved and signed by
SUBSTITUTE BILL NO.
AS AMENDED
ORDINANCE NO. :ZVOY.—eZI
AN ORDINANCE AMENDING SOUTH BEND MUNICIPAL CODE
CHAPTER 20, ARTICLE 7 PERTAINING TO SNOW REMOVAL
PROCEDURES
STATEMENT OF PURPOSE AND INTENT:
In order to facilitate the snow removal process the South
Bend Common Council believes it is in the best interest of the City to
amend the South Bend Municipal Code provisions relating to snow
removal.
NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, AS FOLLOWS:
SECTION 133 I: Chapter 20, Article 7, of the Municipal
Code of South Bend shall—be amended as follows:
ARTICLE 7 Snow Rout-e Removal.
Section 20 -101 Definitions.
1) Snow Removal Condition means a formal declaration by the
Mayor, or in his absence the City Engineer, or in the absence of both,
the Mayor's designee, as designated in writing and filed in the office
of the City Clerk, that, in his or her opinion, the actual or expected
precipitation will create hazardous or dangerous street or sidewalk
conditions. Such declaration shall take one of the following forms:
Snow Route Clearance Condition
Residential Clearance Condition
Winter Weather Emergency Condition
2) Snow Route Clearance Condition means a snow removal
condition which addresses all designated snow routes (main routes).
3) Residential Clearance Condition means a snow removal
condition which addresses all non - snow - routes (residential streets).
4) Winter Weather Emergency Condition means a formal
declaration by the Mayor, or in his absence the City Engineer, or in
both of their absences the Mayor's designee, that the occurrence or
eminent threat of widespread or severe damage, injury or loss of life
or property resulting from a snow storm requires emergency action.
5) Snow means any precipitation depositing any accumula-
tion on the streets, including snow, sleet, hail, ice and freezing
rain.
6) Snow Routes means all streets in the City so designated
and marked.
It shall be the responsibility of the owner or occupant of
any premises abutting or adjoining any city street to remove, or cause
to be removed, all snow and ice from the public sidewalk within
twenty -four (24) hours after such snow and ice has fallen or
accumulated thereon. If any owner or occupant fails to comply with
this sub - section, the City may remove the snow and ice pursuant to
Section 18 -8 of this Code.
Section 20 -103: Snow Routes: Designation and Posting.
(a) The Board of Public Works shall designate as snow
routes streets which are heavily traveled and are necessary thorough-
fares for the movement of vehicular traffic through the City.
(b) Streets designated as snow routes shall be posted
with suitable signs.
Section 20 -104: Snow Removal Conditions.
(a) If the Mayor or in his absence, the City Engineer, or
in both of their absences the Mayor's designee, determines that the
actual or expected accumulation of snow, sleet, hail, ice and /or
freezing rain is creating or will create hazardous or dangerous street
and sidewalk conditions of sufficient severity to require specialized
snow removal procedures, the Mayor or in his absence, the City
Engineer, or in both of their absences the Mayor's designee, shall have
the authority to declare that one of the following snow removal
conditions exists:
1. Snow Route Clearance Conditions.
2. Residential Clearance Conditions.
3. Winter Weather Emergency Conditions.
(b) All snow removal conditions shall be declared by the
Mayor or in his absence, the City Engineer, or in both of their
absences the Mayor's designee, by issuing a press release to ocal
radio, television, newspaper and other news services. Such declaration
shall be made on a form which contains the following information:
Date time and reason for declaration, the actual or anticipated
weather conditions at time of declaration. Such declaration shall be
signed by the Mayor or in his absence, the City En ineer, or in both of
their absences the Mayor s esignee, and a copy filed, as soon as
possible,with the office of the City Clerk, where it shall be available
for public inspection.
(c) Once declared, the snow removal condition shall con-
tinue until the Mayor or in his absence, the City Engineer, or in his
absence his designee, declares it to be ended in the same manner as
provided for its declaration in subsection (b). Such declaration shall
be signed by the Mayor or in his absence, the City Engineer or in both
of their absences the Ma or's desi nee, and a co filed, as soon as
possible with the office of the City Clerk, where it shall be available
for public inspection.
(d) Snow removal conditions may be declared for the entire
City or any part thereof, as the Mayor or in his absence, the City
Engineer, or in both of their absences the Mayor's designee, deems
necessary for effective snow removal.
(2) Any vehicle parked, stalled, incapable of
moving under its own power or left un-
attended on any street designated as a snow
route shall be -ti-ek-e-t issued a citation
and/or towed and/or impounded, - pr-o-,A
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(3) Provided however that no such vehicle shall
be t-I.mfcd- issued a citation and/or towe
and /or impounded if the street upon which
it is parked has been plowed by the City in
such a manner that all traffic and parking
lanes are open and clear of snow.
(4) The owner of any vehicle -whi- c*+-a- s--beer -so
in violation of
this article shall be responsible for all
citation fines, towing and storage fees.
Citations under this article shall be
issued as provided in Section 20 -17 of this
Chapter.
(b) Residential Snow Clearance Conditions: When
residential snow clearance conditions are declared to exist, the
following traffic regulations shall be in effect:
(1) Parking shall be allowed on streets
designated as snow routes.
(2) Parking shall be banned from 8:00 a.m.
until 8:00 a.m. the following morning
on all streets not designated as snow
routes in accord with the following
schedule:
(A) Even numbered days - -No Parking on
East /West streets.
(B) Odd numbered days - -No Parking on
North /South streets.
(3) Any vehicle parked, stalled, incapable of
moving under its own power or left
unattended upon any street in violation of
this section shall a ti-r_ t _issue a
citation and /or towed and /or impounded,
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(5) The owner of any vehicle whi0_4- has. - U &ar-1 -sa
t -awed- - aid /- o- r- -iaxpo- e44-s. in violation of
this article shall be responsible for all
citation fines, towing and storage fees.
Citations under this article shall be
issued as provided in Section 20 -17 of this
Chapter.
(c) Winter Weather Emergency Conditions: When winter
weather emergency conditions are declared to exist, the following
regulations shall be in effect:
(1) The Mayor or in his absence, the City Engineer, or
in both of their absences, the Mayor's designee, shall have the
following powers:
(A) To limit traffic within the City.
(B) To establish such parking regulations as he
or she deems necessary.
(C) To designate both city -owned vehicles and
privately owned vehicles as "temporary
service vehicles ".
(D) To exercise all authority granted pursuant to
I.C. 10 -4 -1 regulating Civil Defense Disaster
Law if he or she deems weather conditions to
be severe enough to implement such emergency
powers.
Section 20 -106: Penalties.
Any person found to be in violation of Section 20 -105 of
this Article shall be fined Twenty -five Dollars ($25.00)..pins-towing-
oosts--tf-any7 -
SECTION IV: This ordinance shall be in full force and
effect from and after its passage by the Common Council, approval by
the Mayor, and legal publication.
I-fe'Ab-d-r of -the C on Counci
CITY of SOUTH BEND
ROGER O. PARENT, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
RICHARD L. HILL October 31 , 1984 219/294.9241
CITY ATTORNEY
THOMAS L. BODNAR
CHIEF DEPUTY
DAVID C. CHAPLEAU
GREGORY D. LOUGHRIDGE
JOHN M. MARNOCHA
CAROLYN V. PFOTENHAUER
ROBERT C. ROSENFELD
EUGENIA S. SCHWARTZ
Members of the Common Council
Fourth Floor County -City Building
South Bend, Indiana
Dear Council Members:
Because of enforcement problems encountered in attempts to collect
snow ticket violations, it has become apparent that changes are
needed in the snow removal ordinance. In addition to minor
language revisions, the major changes are as follows:
1. Specific provisions for the issuance of the
snow clearance declaration;
2. Provisions for a designee in the absence of the
City Engineer;
3. Additional language that the street must have
been plowed by the City before being deemed
clear and free of snow;
4. Additional language that liability for
the snow citation fine, as well as the towing
and storage fees, belongs to the owner of the
vehicle; and
5. Language providing for filing of the declaration
with the Office of the City Clerk for evidentiary
reasons.
Members of the Common Council
October 31, 1984
Page 2
We believe these changes will enable the City to better implement
the snow removal procedure and acquire enforcement in the court
system.
We hope that you will give this ordinance favorable consideration.
Very truly yours,
j
Ward L 11�..,,. y
City Attorney
RLH:tmw
(IjammtUrr Irpurt
010 14t Tamman Tounril of i4r (WH of omd411Pul
Your Committee of the Whole
to whom was referred
126 -84 A BILL AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 20, ARTICLE
71 PERTAINING TO SNOW REMOVAL PROCEDURES.
Respectfully - report that they have examined the matter and that in their opinion this bill should be recommended
to the Council favorable, As amended:
paragraph 1, after engineer, add "or in the absence of both, the
mayor's designee, as designated in writing and filed in the office
of the City Clerk"
Joseph T. Serge
FREE PRESS PUBLISHING CO.
Chairman