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Home My WebLink AboutAmend Chapter 20 - Improve the Residential Districts and Enhance the enforcement of Parking RequirementsORDINANCE No. Passed by the Common Council of the City ofSoutlr Bend, Indiana September 10, 01 20 Attest: Attest: City Clerk President of Common Council Presented by me to the 1Vlayor of the City of South Bend, Indiana SPntPmhPr 1:~, 20 01 City Clerk Approved and signed by me September 14, 2001 Mayor ORDINANCE N0. ~ ~ S (-dl AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE TO IMPROVE THE RESIDENTIAL DISTRICTS AND ENHANCE THE ENFORCEMENT OF PARKING REQUIREMENTS IN THE CITY OF SOUTH BEND. STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 20 of the South Bend Municipal Code to improve the residential districts and enhance the enforcement of parking requirements in the City of South Bend. The Common Council of the City of South Bend determines that property values, the safety of residents, and the quality of life in residential neighborhoods of the City are seriously undermined by the parking of vehicles on vacant lots, the parking of vehicles not intended for residential use or districts, and the parking of vehicles on streets for sale or repair. The Common Council also recognizes that enhanced enforcement of its parking requirements by issuing fines will facilitate the City's mission to improve the quality of life of its citizens, and to promote the health, safety, morals and general welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: Section I. Chapter 20, Article 6, Section 20-74 of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 20-74. Parking vehicles on streets for sale or repairs; fines. ~ No person shall stand or park a vehicle upon any roadway for the principal purpose of: (1) Displaying it for sale; or (2) Washing, greasing or repairing such vehicle, except repairs necessitated by an emergency. The owner of a vehicle parked for such purposes as established in (a) above is res onsible for the vehicle. The owner shall be ascertained and identified b the officer b means of the license plates and/or vehicle registration. In the event that no license plates and /or vehicle registration are affixed to the vehicle, the vehicle shall be considered abandoned, and the provisions of Article 3 of this Code shall apply. ~ Fines: The fine for violation of this section shall be fifty dollars ($50.00) and shall be payable through the Ordinance Violations Bureau pursuant to Section 2-213 of this Code Each day that the vehicle is parked in violation of this section shall constitute a separate violation. Section II. Chapter 20, Article 6, Section 20-118 of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 20-118. Parking restricted. (a) No person shall park a truck as heretofore defined on any street next to an area zoned "A" or "A-1" Residence Districts, "A-2" or "A-3" Planned Residential Districts, or "B" or "B-1"Residence Districts, exceptforthe purpose of loading, unloading, servicing, or being then involved in the repair or construction of a residence. Such trucks shall be allowed to park on such residential streets when being used in connection with servicing a public utility. (b) All such trucks may be parked in a carport, private garage, or driveway unless otherwise restricted by the zoning code. (c) All trucks, regardless of declared gross vehicle weight, which are used for picking up trash on a commercial basis are strictly prohibited from parking on any residential street except for the purpose of loading. No person shall park any vehicle in an "A" Residential District, "A-1" Residential District or "B" Residential District in violation of Section 21-8, 21-9, or 21-12 of the South Bend Municipal Code. ~ No person shall park any vehicle on an unimproved vacant lot in an "A" Residential District, "A-1" Residential District, "B" Residential District, "C" Commercial District, or "D" Light Industrial District in violation of Section 21-99 of the South Bend Municipal Code. Section III. Chapter 20, Article 6, Section 20-119 of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 20-119. Penalties. Any owner of any truck or other vehicle which is found illegally parked on any residential street or lot, and the owners and occupants of any residential property who allow such ap rking in violation of Section 20-118 shall be fined fifty dollars ($50.00) for the first offense and one hundred dollars ($100.00) ~e for all subsequent offenses. Fines issued under this section shall be payable through the Ordinance Violations Bureau pursuant to Section 2-213 of this Code. 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 publication as required by law. Q ., Member of the Common Co cil E ~ k V 4w ~ < .~! .-1~ J !,r ~ ~ Y ¢_rtl 1~ y J'~9 ~jnt' 1 st READING ~ ' L1"~~ 2 .~.~._.._.-._ PUBLIC HEARING ~-~b-0~ QS Q`~`°^^~'~ ~! ~~1~-: $ N~ ~~~~ 3 rd READING ~ _~~ -0~ 0.S ~. ~~-~`~1\ NOT APPROVED Lo 3"I~"a~~l. 13~'>;, ~y~~'y REFERRED ~ c3T~' C"s.F:iy::, x~. Ea "'ra;~, i°;P PASSED ~-\4 -0~ cl S Q,~+~eM ~ _~..~.._M.._._.... COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 80-01 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE TO IMPROVE THE RESIDENTIAL DISTRICTS AND ENHANCE THE ENFORCEMENT OF PARKING REQUIREMENTS IN THE CITY OF SOUTH BEND 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 amended as follows: Sec. 20-74 c. Add The fine for violation of this section shall be fifty dollars ($50.00) ,and shall be payable through the Ordinance Violations Bureau pursuant to Section 2-213 of this Code. Sec. 20-119 Add Fines issued under this section shall be payable through the Ordinance Violations Bureau pursuant to Section 2-213 of this Code. Andrew Udj ak Chairman 1300 CAUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PHONE 219/ 235-9486 Fnx 219/235-7703 TDD 219/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF CODE ENFORCEMENT I{ATHLEEN ). DAMS, CCEO DIRECTOR August 20, 2001 Ms. Charlotte Pfeifer, President South Bend Common Council County-City Building 227 W. Jefferson Boulevard South Bend, IN 46601 RE: Proposed Amendments to Chapter 20 of the South Bend Municipal Code Dear Ms. Pfeifer: Enclosed forfiling with the South Bend Common Council is a proposed ordinance to amend certain provisions of Chapter 20 of the South Bend Municipal Code. The purpose of this ordinance is to improve the quality of life and to enhance the enforcement of parking requirements in the City of South Bend, particularly in the residential districts of the City. This ordinance, if enacted, would allow the City to address the parking of vehicles in inappropriate places or for inappropriate purposes through the use of citations issued by police officers or inspectors with the Department of Code Enforcement. This method would immediately reach the owners of the vehicles, and would provide a more efficient process for enforcement of our zoning and parking laws than the current process of filing a formal lawsuit to enforce such laws in Circuit or Superior Court. I will be presenting this proposed ordinance at the public hearing of the Common Council, and will be assisted in such efforts by Assistant City Attorney Ann-Carol Nash. I respectfully request your favorable consideration of this ordinance. If you should have any questions or concerns, do not hesitate to contact me. Sincerely, a 1 n J. Davis Dir c or ~;~~= ~ ~ ~0~~ LO€lETTA J. ~'U~~ crrY ct~rltL, So. Fl'~FI~.113. Enclosure cc: Ann-Carol Nash, Don Fozo, Common Council Attorney, Charles Leone, John Byorni