HomeMy WebLinkAboutAmend Chapter 20, Article 6, to specifically designate penalty for violation of Section 20-67 to clarify section 20-67bORDINANCE No.
Passed by the Common Council of the City of South Bend, Indiana
October 22,
Attest:
Attest:
9276-01
01
20
Presented by me to the Mayor of the City of South Bend, Indiana
October 23. 20 01
City Clerk
President of Common Coccncil
City Clerk
Approved and signed by me OCTOBER 23, 20 01
wi-~ /I' ~~`'~`~' Mayor
ORDINANCE NO. ~ 2-, ~~
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA AMENDING CHAPTER 20, ARTICLE 6 OF THE SOUTH BEND
MUNICIPAL CODE TO SPECIFICALLY DESIGNATE THE PENALTY FOR
VIOLATIONS OF SECTION 20-67 AND TO CLARIFY SECTION 20-67(b)
STATEMENT OF PURPOSE AND INTENT
South Bend Municipal Code Chapter 20, Article 6 Section 20-67 prohibits parking in certain
designated places within the City of South Bend. This ordinance does not specifically designate a
penalty for its violation; however, a fine of Five dollars per ticket ($5.00) has been established
pursuant to the City's general authority under South Bend Municipal Code Section 20-59 and
Section 1-23.
Because South Bend Municipal Code Section 20-67 is frequently the basis for fines imposed
by the City, it is in the best interest of the general public that the fine for violation of Section 20-67
be contained within the Section itself.
This Ordinance also clarifies Section 20-67(b) to mean that multiple parking within the same
block of any time limit zone is prohibited.
BE IT THEREFORE ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA AS FOLLOWS:
Section I. Chapter 20, Article 6, Section 20-67 is hereby amended to change the title and to
add a penalty subsection (h) such that Section 20-67 as amended shall read as follows:
20-67 Parking prohibited or limited in certain designated places; fine imposed.
(a) No person shall park a vehicle at any time upon any street, alley, municipal parking
facility or highway in any area where appropriate signs 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 oftwenty-four (24) consecutive hours, no vehicle shall be parked
at any one (1) or combination of locations in the same block 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.
(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.
(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 side of the street having odd-numbered addresses on the odd-
numbered days of the month.
(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.
(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.
(g) Nothing in this section in intended to affect the already regulated parking on
designated snow routes during a snow emergency, or other areas in which parking is
regulated by duly authorized signs.
The fine for violating andprovision in this Section shall be Five dollars ($5.001 per
violation.
Section II. This Ordinance shall be in full force and effect from and after the date of its
passage by the Common Council, and approval by the Mayor.
Member, South Bend moron Council
1 st READING ~ O _~~~ I
PUBLIC HEARING ~ ~~L~-'~ ~
3 rd READING ~ Q ~ ~-Z" D
N07 APPROVED
REFERRED
PASSEfl ~ O - ZL- O
r ~~l?~ 117 C1er1z's ~ffiCt~
__.a_~
IOSiETTA J. L`U'JA
C9TY DLEgK, 8D. E3~HD.6:~~0
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
RTT,T. N(7_
99-01 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 20, ARTICLE 6 OF THE SOUTH BEND
MUNICIPAL CODE TO SPECIFICALLY DESIGNATE THE PENALTY FOR
VIOLATIONS OF SECTION 20-67 AND TO CLARIFY SECTION 20-67(b)
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.
Andrew Udj ak
Chairman
1400 COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
PHONE 219/ 235-9241
Fnx 219/235-9892
TDD 219/ 235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF ~ .AW
CHARLES S. LEONE October 3, 2001 ~~ M. DEROSE
CITY ATTORNEY CHIEF ASSISTANT CITY ATTORNEY
Ms. Charlotte Pfeifer
President, South Bend Common Council
4`'' Floor County-City Building
South Bend, IN 46601
Re: Ordinance Amending Chapter 20, Article 6, Section 20-67 of the South Bend Municipal
Code
Dear Ms. Pfeifer:
Attached for consideration by the South Bend Common Council is an Ordinance
amending Chapter 20, Article 6, Section 20-67 of the South Bend Municipal Code.
This amending Ordinance identifies the penalty for violation of Section 20-67 as this
Code section is frequently cited in the issuance of parking tickets throughout the City. The
amending Ordinance also clarifies that multiple parking in the same block where there is a time
limit zone is prohibited. Without this clarification the Ordinance is subject to the interpretation
that the prohibition extends the entire length of any street which is subject to a time limit zone.
We believe these amendments improve the content of Section 20-67 and are in the best
interests of the City.
Attorney Robert Rosenfeld from this office will answer any questions you may have and
will present the Ordinance to the Common Council for second reading/public hearing.
Sincerely,
a ean . DeRose
Chief Assistant City Attorney
AMD/cw
Attachment
r~~~ in Cl~r~z's ~fific~
LOq~TfA J. pUDA
CITY CL~R:6~ ffiO. Q~t~i?~ tt~o
THOMAS L. BODNAR CHERYLA. GREENE JOHN E. BRODEN
JEFFREY M. JANKOWSKI ROBERT C. ROSENFELD ANN-CAROL NASH