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HomeMy WebLinkAbout9749-07 Amend Chapter 14 - New Article 8ORDINANCE No. 9749-07 Passed by the Common Council of the Ciry ofSoutli Bend, Indiana April 23, Attest: Attest: Presented by me to the Mayor of the Ciry of South Bend, Indiana April 24, JOHN Approved and signed by me Ap r i 1 2 5, 20 0 7 20 07 Ciry Clerk President of Common Council ~~~ Ciry Clerk Mayor 20 07 Ordinance No. ~ 7 ~~ ~? Substitute Bill No. 17-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 8 ENTITLED RESIDENTIAL LAWN PARKING REGULATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council's Zoning and Annexation Committee held numerous public hearings in calendar yeaz 2006 on the issue of parking problems occurring in residential areas throughout the city. Discussions focused on many public safety issues as well as the May 7, 2004 zoning ordinance, as well as the St. Joseph County Circuit Court's decision of June 23, 2005 involving front yazd pazking prohibitions. The Council recognizes that the City of South Bend and the University of Notre Dame, which is located directly north of the city limits, aze both tourist destinations which often result in specific parking challenges. Overflow pazking into residential areas, whether it is a result of demand exceeding the amount of available on-street pazking; wanting to be closer to the venue destination, or mere convenience for the parker are some of the many concerns carefully studied and debated with regazd to the symbiotic relationship between parking and land use. Additionally, dozens of pazking regulations from throughout the nation were reviewed and discussed which addressed various parking concepts. The Council further recognizes that the regulation and control of driveways in residential areas is necessary in order to provide proper health and public safety measures with regard to drainage, convenience, and safe entrance and existing from such residential driveways onto city streets. The Council believes that violations of this ordinance, and especially repeat violations constitute a public nuisance which threatens the public health, safety and welfare by creating potential safety hazards, creating an appearance of apathy regarding the condition of a residential property; thus having the potential to discourage economic development and often results in offending neighboring property owners and neighborhood discord. It has been determined that the following public safety regulations specifically addressing parking restrictions in required residential front yards, side yards, or reaz yazds which abut a city street would be in the best interests of the City of South Bend, Indiana. C~/1~, tl~,~e, (e it ~a~d by the Common Council of the City of South Bend, Indiana, as follows: Substitute Bill No. 17-07 Addressing Public Safety Parking Regulations Page 2 Section I. Chapter 14, entitled SPECIFIC PUBLIC SAFETY REGULATIONS, of the South Bend Municipal Code, is hereby amended by the inclusion of new Article 8, entitled RESIDENTIAL LAWN PARKING REGULATIONS which shall read in its entirety as follows: Article 8. Residential Lawn Parking Regulations. Sec. 14-40 Intent and Purposes. (a) The Common Council believes that reasonable health and public safety regulations addressing parking are needed to protect and improve the quality of life, character and safety of residential neighborhoods. (b) The following regulations are designed to systematically reduce overflow and spillover parking onto residential front, side, and rear yards which abut a city street throughout the City of South Bend, thereby addressing both chronic parking of this type, so that such activity does not interfere with the use, enjoyment and safety of residential properties. Sec. 14-41 Definitions.l For purposes of this Article, the following definitions shall apply: Driveway: Access for vehicular egress/ingress between the right-of--way of a public street or private street and the minimum required setback line of a lot which is hard surfaced with asphalt, concrete or other material to provide a durable, dust-free surfaced, which meets or exceeds the minimum specifications prescribed by the Board of Public Works. Dwelling: Any building, or portion of a building, which is designed or used primarily for residential purposes, including a single family dwelling, two family dwelling and multifamily dwelling but not including hotels, motels, boarding houses, lodging houses, and bed & breakfast. Front Yard: An open space, unobstructed to the sky, extending fully across the lot while situated between the front lot line and the established front building line. Motor vehicle: Every vehicle which is self-propelled including but not limited to an automobile, truck, recreational vehicle, antique motor vehicle, motorcycle, private bus, school bus, low speed vehicle, or other vehicle specifically defined in Chapter 2 of Article 13 of Title 9 of the Indiana Code. 1 Many of the definitions set forth in Section 14-41 are identical to or similar to those set forth in Section 21-11.02 of the Zoning Chapter of the South Bend Municipal Code. Substitute Bill No. 17-07 Addressing Public Safety Parking Regulations Page 3 Park or Parking: The standing of a motor vehicle, whether occupied or not, upon a right of way, driveway, front yard or side yard. Pocket Parking Lot: A small parking lot developed on approved vacant lots which would be used to accommodate residential parking needs in areas determined by the city to have a high demand for parking where current on-street parking is insufficient to meet such need. Public nuisance: Parking of any motor vehicle in violation of the regulations set forth in this Article. Rear Yard: An open space, unobstructed to the sky, extending fully across the lot while situated between a side lot line and the established side building line. Right-of Way: Specific and particularly described land, property, or interest therein devoted to and subject to the lawful use, typically as a thoroughfare for passage of pedestrians, vehicles, or utilities, as set forth in a written grant, declaration or conveyance that is recorded in the Office of the Recorder of St. Joseph County, Indiana. Shared Parking: A concept which would provide an opportunity to optimize parking supply by coordinating different parking peaks for different land uses between land owners through written agreements, thus promoting a more efficient use of residential neighborhood parking resources, facilitating more dense development, and promoting pedestrian/motor vehicle friendliness, while promoting quality of life in residential neighborhoods. Side Yard: An open space, unobstructed to the sky, extending fully across the lot while situated between a side lot line and the established side building line. Sight Distance: The distance visible to the driver of a motor vehicle measured along the normal travel path of a street to a specified height above the street when the view is unobstructed to traffic. Street: Any public right-of--way or private right-of--way, with the exception of alleys, essentially open to the sky and open and dedicated to the general public for the purposes of vehicular and pedestrian travel affording access to abutting property, whether referred to as a street, lane, road, drive, expressway, arterial, thoroughfare, highway, or any other term commonly applied to a right-of--way for said purposes. A street may be comprised of pavement, shoulders, gutters, curbs, sidewalks, parking spaces and similar features. Temporary Residential Special Event: A one-day non-commercial residential event which would have parking for those in attendance which exceeds the parking available on the driveway located on that particular residential lot and the on-street parking adjacent to said residential lot. Substitute Bill No. 17-07 Addressing Public Safety Parking Regulations Page 4 Use: The purpose or activity for which land, buildings or structures are designed, arranged, or intended or which land, buildings or structures are occupied or maintained. Ordinance Addressing Residential Public Safety Parking Regulations Page 4 Yard: An open space, unobstructed to the sky, extending fully across the lot while situated between the front lot line, side lot line or rear lot line and the established front building line, side building line or rear building line. Sec. 14-42 Parking Prohibited in Residential Lawn Areas. (a) It shall be unlawful to park a motor vehicle in a front yard, in a side yard, or in a rear yard which abuts a street of a lot zoned for a residential use or dwelling, except that parking shall be permitted on ahard-surfaced driveway or approved parking space. (b) Parking of any motor vehicle in violation of the regulations set forth in this Article is deemed a public nuisance. Sec. 14-43 Parking Prohibited on Sidewalks or Curb Areas? (a) It shall be unlawful to park a motor vehicle over any part of a sidewalk or curb that is parallel to the street adjacent to a lot. (b) Any portion of a motor vehicle which protrudes over or onto a sidewalk or curb shall be considered a violation of this section. Sec. 14-44 Penalties and Enforcement Procedures; Abatement of Public Nuisances. (a) Citation for Violation and Abatement of Public Nuisance: Any person violating any section of this Article shall be issued a citation by members of the South Bend Police Department or the Department of Code Enforcement subjecting the violator to the following penalties: 1St violation $100.00 fine 2°d violation $250.00 fine 3`d violation $350.00 fine The City Attorney's Office is further authorized to seek f nes not to exceed two thousand five hundred dollars ($2,500.00) for chronic violation of this Article by repeat offenders. The Office of the City Attorney is authorized to abate any public nuisance which is created and maintained 2 Indiana Code § 9-21-16-5 prohibits the stopping, standing or pazking on a sidewalk, in front of a driveway, within an intersection, within 15' of a fire hydrant, on a crosswalk, within 20' of a crosswalk at an intersection, within 30' of a stop sign ,within 50' of a railroad crossing, within 20' of a driveway entrance to a fire station, upon a bridge or any place where official signs aze posted. Substitute Bill No. 17-07 Addressing Public Safety Parking Regulations Page 5 in violation of this Article, and provide notice of the same, as required by applicable law. Whenever prohibited conduct occurs upon a property after the City has provided notice to abate the public nuisance, the City may file an action in any court of general jurisdiction to enjoin the public nuisance. (b) Separate Violations: Each day's violation shall constitute a separate offense. Each motor vehicle determined to be in violation of this Article shall constitute a separate offense. If payment for a fine is not postmarked or received by the Ordinance Violations Bureau within fourteen (14) days, the fines shall be double the original amount Sec. 14-45 Towing or Relocation Authorized When Vehicle(s) Found Blocking Access Or When Causing An Emergency or Safety Threat. If, in the opinion of the investigating officer from the South Bend Police Department or its designee, the illegal parking of a motor vehicle is causing an emergency situation by preventing ingress or egress of any foot or vehicular traffic or by preventing free movement of traffic and/or pedestrians, said vehicle(s) shall be subject to the provisions of South Bend Municipal Code Sec. 20-15 addressing impoundment of vehicles or said vehicle may be re-located pursuant to the applicable provisions of state law. Sec. 14-46 Inter-Departmental Coordination By the Director of Public Works and Regular Updates to the Common Council. (a) The Director of Public Works, or his authorized designee, shall coordinate all departments, bureaus and other entities involved in the monitoring and enforcement of this Article. On or before May 1St and November 30th of each year, a written report shall be provided to the Office of the City Clerk for disbursement to the Common Council addressing but not limited to the following: 1. Identification of all narrow residential streets depicted on a map which includes street names and any and all proposed programs, pilot or other, proposed to address parking concerns on such streets; 2. Summary of all proposed/existing pocket parking areas which would be depicted on a map which includes street names; 3. Summary of all proposed/existing shared parking areas which would be depicted on a map which includes street names; Substitute Bill No. 17-07 Addressing Public Safety Parking Regulations Page 6 4. Identification of all residential pazking zones authorized by the Board of Public Works pursuant to South Bend Municipal Code § 20-114 through South Bend Municipal Code § 20-116, which such zones being depicted on a map indicating the specific locations and street names. 5. Accurate statistical data summarizing the effectiveness of the neighborhood parking programs and policies; citizen complaint tracking systems; and informational and enforcement mechanisms utilizing information from the Building Department, the City Attorney's Office, Department of Code Enforcement, IT, recognized neighborhood organizations and Neighborhood Partnership Centers; volunteer enforcement programs, etc. 6. Recommendations for improvements in order to further public safety and compliance with City Plan. Section II. Chapter 2, Article 19, Section 2-213 entitled Schedule of Ordinance and Code Violations of the South Bend Municipal Code is amended by adding the following language in the proper numerical order following the headings: Municipal Code Section Type of Violation Penalty 14-42 Pazking Prohibited in Residential Lawn Areas $100/$250.00 14-43 Pazking Prohibited on Sidewalks or Curb Areas $100/$250.00 Section III. 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. Section IV. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor and legal publication. em the Commo cil Substitute Bill No. 17-07 Addressing Public Safety Parking Regulations Page 7 ohn oorde, City ler ~xeavnted by me to the Mayor of the City of South Bend, Indiana on the 2~1~ day of 2007, at ~'. 3 ~ o'clock ~ .m. __ ` Janic alboom, Deputy City Clerk C~~h~/~ave~airt~~e by me on the 2S~ day of , 2007, at 9= 3~ o 'clock ~.. , m. Stephen J. Luec e Mayor of the City of South Bend, Indiana 1st F,Er,DiNG ~ ~ -0 PUELlC HEARING y,L3 -p7 3rd READING NOT APPROVED-L3' c~ REr[RRED PASSED ~,'L3.0~ cis qs Su.~s~~c.~-;~a~ c ~ "~ 4S ca S`~~ "'~'-~~`~~r s ~~s~-.~,-.~ Feed to Clerk's Office APR 2 0 2007 JOHtJ VOORDE CfTY CLERK, S0. BEND, tN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 17-07 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 8 ENTITLED RESIDENTIAL LAWN PARKING REGULATIONS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted. Karen L. White Chairperson