HomeMy WebLinkAboutAmending Chapter 18 Pertaining to Snow Removal ProceduresORDINANCE NO. 7132 -82
Passed by the Common Council of the City of South Bend,
November 22,
Ka
IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend,
MR
November 23 �9 82
Clerk
Of Common Council
1 Cit
�j IRENE K. GAMMON
Approved and signed by me `` / /� /'✓ G� �� �9 ��
v
Clerk
SUBSTITUTE BILL
BILL NO. 128 -82
ORDINANCE NO. -111 a - X I
AN ORDINANCE AMENDING SOUTH BEND MUNICIPAL CODE
CHAPTER 18, SECTION 18 -20 AND CHAPTER 20, ARTICLES
1 AND 7, PERTAINING TO SNOW REMOVAL PROCEDURES
STATEMENT OF PURPOSE AND INTENT:
It is necessary to establish snow removal procedures and
traffic regulations in order to insure efficient and effective snow
removal during a variety of winter weather conditions. In order to
facilitate the snow removal process certain changes are necessary in
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 I: Chapter 18 of the South Bend Municipal Code
shall be amended as follows:
Section 18 -7 shall be deleted in its entirety and a new
Section 18 -7 shall be added to read as follows:
Section 18 -7. Removal of Snow and Ice From Sidewalks.
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 ublic sidewalks borderin
such remises to t e u paved width o the si ewa k within twenty
four (24 ) hours after such snow or ice has fallen or accumulated
thereon.
Section 18 -8 shall be amended to read as follows:
Section 18 -8. to- remove.
Failure to Remove Snow and Ice; Removal by City.
In the event of the failure of the owner, -1,&s-see or
occupant to remove, or cause to be removed, all snow and ice from
sidewalks as-requlred -ln pursuant to Section 18 -7, witk�in- the -lre
Qf- ea. me- s- P4Q9j�aed- ra- SeeS.ion- �S - -7-, the Board of Public Works and
Safety or it designee may remove or clean such snow or ice or cause
it to be removed after giving said owner or occupant twenty -four (24)
hours written notice of its intent to o so. T e owner or occupant
shall be responsible for all costs incurred in such removal. If the
owner or occupant fails to pay the costs within sixty (60) days the
City may take legal action to collect same.
Section 18 -20 shall be amended to include a new sub - section
(c) to read as follows:
1ITno
manner
section shall be ti
if such owner or oc
all such snow or is
4 ours a ter av
Public Works or its
shall be res onsibl
owner or occupant
Citv may take legal
or occupant shall pus
moved, any snow or ice
av impede or hammer ve
person found to be in viol
ned Twenty Five Dollars
cupant does not remove, or
e which has been so pushed
ing received written notic
designee may remove it an
e for all costs incurred i
ails to pay t e costs wit
action to collect same.
or move, or cause or
nto any street in an
cular traffic flow or
ion of this sub
.00). In a dit
or moved w
t— o do so.
N
or
SECTION II: Chapter 20, Article 1, Section 20 -15 (a) shall
be amended to rem as follows:
(a) The police department or its designee may remove and
impound any vehicle left unoccupied or unattended upon any street in
such a manner as to constitute a hazard or obstruction to the
movement of traffic in times of emergency such as fires, riots,
civil emergencies (as provided by law), natural disasters, street
eave - iris; -spew- emergencies- -resident ial- emergencies;-Weather
disasters, snow removal conditions, or any other emergency.
(b) The owner of an vehicle which has been towed pursuant
to sub - section a shal be responsib e or all storage an towing
_c__h�__a__r�g�e�s.�� The City, upon recommendation of the Chief of Police, shall
av� power to waive er -remit all or any part of the storage or
towing charge.
SECTION III: Chapter 20, Article 7, shall be deleted in
its entirety and a new Article 7 shall be added to read as follows:
ARTICLE 7 Snow Removal.
Section 20 -101 Definitions.
As used in this article:
1) Snow Removal Condition
the Mavor. or in his absence FfTe C
it
dangerous street or sidewalk conditions
one
Snow Route Clearance Condition
Residential Clearance Condition
Winter Weather Emergency Condition
2) Snow Route Clearance Condition
condition which addresses all esignated sno-
formal decl
t in his or
create hazar
eclaration s
3) Residential Clearance Condition means a sn
condition which addresses all non -snow routes (residenti
4) Winter Weather Emergency Condition means a
declaration by the Mayor, or in his absence the City Eng
the occurrence or eminent threat of widespread or severe
iniury or loss of life or orooerty resultine from a snow
reauires emergencv action.
5) Snow means any precipitation deposit
tion on the streets, including snow, sleet, hail,
rain.
emoval
routes).
removal
streets).
ormal
eer, that
amage,
torm
accumula-
6) Snow Routes means all streets in the City so designated
and marked.
7) Vehicles means all self- propelled motorized licensed
vehicles using City streets and highways, excluding public transpo
tation conveyances.
Section 20 -102: Clearing of Sidewalks.
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 ublic sidewalk
bordering such remises, to the full aved width of the sidewalk
within twenty -four 24 hours after such snow and ice has fallen
or accumulated thereon. If any owner or occupant fails to com 1
with this sub - section, the City may remove the snow an ice pursua
to Section 18 -8 of this Code.
Section 20 -103: Snow Routes: Designation and Posting.
(a) The Board of Public Works shall desi nate as snow
routes streets which are heavily traveled an are necessary thorou
fares for the movement of vehicular traffic throueh the Citv.
-2-
t
suitable s
ection 20-
determines that the
hail ice and /or fr
or an erous street
require specialized
absence, the City E
one of the fo owing snow removal conditions exists:
1. Snow Route Clearance Conditions.
2. Residential Clearance Conditions.
3. Winter Weather Emergency Conditions.
ited as snow routes shall be posted with
104: Snow Removal Conditions.
Mayor or in his absence, the City Engineer,
ctual or expected accumulation of snow, sleet,
Kin rain is creating or will create hazardous
n si ewa k conditions of sufficient severity to
now removal Drocedures. the Mavor or in his
(b) All snow removal conditions shall be declared b
Mayor or in is absence, the City Engineer, y issuing a pres
release to local radio, television, newspaper and other news
services.
section
c) Once declared, the snow removal condition shall con -
the Mayor or in his absence, the City Engineer, declares
e in t e same manner as Drovi e or its ec aration in
(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, deems necessary for effective snow removal.
Section 20 -105: Traffic Regulations During Snow Removal
Conditions:
(a) Snow Route Clearance Conditions: When snow route
clearance conditions are declared to exist, the foll_owin_g_ traffic
regulations shall e in a ect:
(1) No vehicle shall be parked on a street
Any vehicle parked, stalled, Inca able of
moving un er its own power or le t unattended on
street desi nated as a snow route shall be ticke
an or towed and or im ounded, rovided, however
that no such vehicle shall be ticketed and or to
and /or impounded if the street upon which it is
arkeg has been lowed in such a manner that all
tra is an parking anes are open and clear o
snow. me owner or an venicie wnicn nas Deen so
towed and/or impounded shall be responsible for all
towing and storage fees.
(b) Residential Snow Clearance Conditions: When
residential snow clearance conditions are declarea to exist, the
following traffic regulations shall be in effect:
(1) Parking shall be allowed on streets
designated as snow routes.
(2) Parkin shall be banned from 8:00 a.m.
anti 8:00 a.m. the folI owin mornin on all streets
not esienated as snow routes in accor wit t e
(A)
(B) Odd numbered days - -No Parking on North /South
streets
-3-
under its own ower
street in vio ation
ticketed and /or tow
owever, that no su
and/or towed and /or
which it is parked
that all traffic an
clear of snow. T e
been so towed and /o
E
(c) Winter Weather Eme
weather e__m__er%ncp conditons are d
regulations s1a11 e in e e� ct:
(1) The Ma or or in
shall have the o owing powers:
stalled, incapable of moving
or left unattended u on an
o this section s a e
d and /or impounded. provided
er or any
pounded s
age fees.
Condition
to exist
ticketed
treet upon
such a manner
_open and
�
el w�ii�has
e responsible
en winter
following
Engineer.
(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
vales'.
(D) To exercise all authority granted pursuant to
I.C. 10 -4 -1 regulating Civil De ense 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 t is Artic e shall be fined Twenty-five Dollars (525,0
plus towing costs, i any.
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.
Member of the Common Council
Passed, as amended, November 22, 1982
-4-
CITY of SOUTH BEND
COMMON COUNCIL
441 COUNTY CITY BUILDING SOUTH BEND, INDIANA 46601
Area 219 2849321
LEWIS A. McGANN
November 3, 1982
President
BEVERLY D. CRONE
Vice - President
JOHN VOORDE
Chairman,
Committee of the Whole
South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
JOSEPH T. SERGE
First District
Dear Council Members:
WALTER M. SZYMKOWIAK
Second District
On October 23, 1978 the present snow removal ordinance was
BEVERLIE J. BECK
Third District
passed by the Common Council. Since that time members of
LEWIS A. McGANN
the City Administration and Common Council have discussed
Fourth District
revisions to the current ordinance to improve the snow
ROBERT G. TAYLOR
removal program for the citizens of South Bend. This
Fifth District
proposed ordinance incorporates these improvements.
RAYMOND C. ZIELINSKI
Sixth District
The significant changes that are being proposed are as
BEVERLY D. CRONE
At Large
follows:
JOHN J. HARRIS, Jr.
At Large
1. A section will be added to section 18 -20 (streets
JOHN VOORDE
and sidewalks) which prohibits pushing snow onto
At Large
any street or sidewalk.
KATHLEEN CEKANSKI FARRAND
Council Attorney
2. Property owners will have the responsibility for
removing all snow and ice from around the fire
hydrant that abuts or adjoins their property.
3. The terms for snow removal conditions have been
changed to reflect more accurately the weather
condition that actually exists. The term Residen-
tial Clearance Condition will be used instead of
Residential Emergency, Snow Route Clearance Condi-
tions instead of Snow Emergency and Winter Weather
Emergency Conditions when weather conditions are
severe and emergency conditions exist.
4. The term Snow Removal Coordinator will be eliminated
and the Mayor or in his absence the City Engineer
will be designated to declare the snow removal con-
ditions for the City.
5. The residential parking ban during residential
clearance conditions will be extended to run from
8:00 a.m. of one day to 8:00 a.m. of the following
day, seven days per week. Presently the ordinance
bans parking on weekdays between the hours of
8:00 a.m. to 4:30 p.m. The new provision would
permit parking during snow removal conditions
provided that the entire street has been plowed
and is free of snow.
6. A $10.00 fine is proposed for failure to clean
snow from around fire hydrants and the penalty
for illegal parking that interferes with snow
removal would be decreased from $50.00 to $25.00
plus towing charges.
The changes that are proposed in this ordinance will help
expedite the snow removal process, clarify the snow removal
conditions for the residents, and facilitate the enforcement
of the snow removal ordinance for City personnel.
If you have any questions concerning this ordinance please
feel free to contact me.
Thank you for your consideration of this matter.
Sincerely,
Ray Zielinski, Chairman
Special Committee on Snow Removal
fd mMintt Itpart
410 lilt en Tlord of *r (guy of l3ttA >ii ttk
Your Committee OF THE WHOLE
to whom was referred
BILL NO.
128 -82 A BILL AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 18, SECTION
18 -20 AND CHAPTER 20, ARTICLES 1 AND 7, 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:
by substitute bill, which was amended in
Section 20 -106 by removing Section 20 -104 or
11 I I
PNON PAII, VJJAW PUM618MING Goy