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HomeMy WebLinkAboutAmending Sections 6, 7, 8, 9, Section 11, and Section 14 entitled "An Ordinance Relating to Traffic and Regulating the use of the Streets and Highways of the City of South Bend"ORDINANCE No. 4289 - - -59 Passed by the Common Council of the City of South Bend, December 14, Iga5� o Presented by me to the Mayor of the City of South Bend, December 15, Clerk of Common Council Approved and signed by me December 15, Clerk 7 r 3 N01121 '59 AM F(l5D C" Y OF SOUTH BEND FF_W, c....... CLERK ORDINANCE NO.�9 R DINANCE TO AMEND SECTIONS 6, 7, 8, 9, THE JSNTO PARAGRAPH OF SECTION 11, AND SECTION 14 OF ORDINANCE NO, 3644 ENTITLED " AN ORDINANCE RELATING TO TRAFFIC AND REGULATING THE USE OF THE STREETS AND HIGHWAYS OF THE CITY OF SOUTH BEND, INDIANA; CREATING AND DEFINING PARKING METER ZONES; PROVIDING FOR THE DESIGNATION OF INDIVIDUAL PARKING SPACES; DEFINING AND PROVIDING FOR THE INSTALLATION, OPERATION AND MAIN- TENANCE, PURCHASE, LEASING, USE, SERVICING, REPAIR, REPLACEMENT, ACQUIRING AND REGULATION OF PARKING METERS; PRESCRIBING PARKING TIME LIMITS; REQUIRING DEPOSITS OF COINS FOR THE USE OF PARKING METERS AND PARKING METER ZONES AND PROVIDING FOR THE COLLECTION AND DISPOSITION OF SUCH COINS; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR THE ENFORCEMENT THEREOF; DEFINING OFFENSES AND PRESCRIBING PENALTIES; AND PROVIDING THAT THE INVALIDITY OF PART SHALL NOT AFFECT THE VALIDITY OF THE REMAINDER OF ORDINANCES1 PASSED JUNE 7, 1948, ALSO KNOWN AS SECTIONS 54, 57, 58 and 59 OF CHAPTER 29 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1949, GENERAL ORDINANCE NO, 3709. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION 1. That the following paragraph shall be added to Section 6 of Ordinance No. 36.44: The Board of Public Works and Safety is hereby empowered to regulate and determine the parking time limits to be established for each parking metered, zone as heretofore set out in Section 2. SECTION II, That Section 7 of Ordinance No. 3644 shall be amended to read as follows: Section 7. The Chief of Police or such other officers or employees of the City of South Bend, Indiana as the Mayor of said City may designate is, hereby authorized, and he shall install or place parking meters upon the curb or sidewalk, along side of or near or immediately adjacent to the individual parking spaces herein provided or to be designated hereafter as provided in Section 3 of this Ordinance in such parking meter zones herein created or to be hereafter created by Ordinance of the City of South Bend, Indiana, said installation to be placed not more than two (2) feet from the curb nor more than four (4) feet from the front line of the parking space as NOV 21 '59 GM F I L E D CITY OF Soul H BEND FREDA 0 NOBLE, CLERK Andicated. Each parking meter shall be set or placed as o show or display a signal that the parking space along side of it s or is not in use. Each parking meter or device shall be o set as to display a signal showing legal and lawful parking Pon the deposit of the appropriate coin or coins, lawful money of the United States of America, therein for the period of time pursuant to this Ordinance, to the parking limit now established pursuant to this Ordinance or hereafter provided pursuant to Ordinance of the City of South Bend, Indiana for that part of the street upon which said meter is placed and each meter shall begin and continue in operation from the time of the deposit of such coin or coins until the expiration of the time fixed by said Ordinance as the parking limit for the part of the street upon which said meter is placed. Each meter or device shall be so arranged that upon the expiration of the lawful parking period or time limit it will indicate by a proper visible signal that the lawful parking period has expired and in such case the right of such vehicle to occupy such space shall cease and the operator, owner, possessor or manager thereof shall be subject to the penalties hereinafter provided. SECTION III, That Section 8 of Ordinance No. 3644 shall be amended to read as follows: Section 8. Except in a period of emergency determined by an officer of the Fire or Police Department, or in compliance with the direction of a Police officer or traffic control sign or signal of the City of South Bend, Indiana, when any vehicle shall be parked in any parking space along side or next to which a parking meter is located, the operator of such vehicle shall, upon entering the said parking meter space, immediately deposit or cause to be deposited in said meter such proper coin or coins of the United, States of America as is required for such parking meter and as is designated by proper directions on the said meter and this Ordinance and shall also set in operation the timing mechanism on such meter in accordance with directions properly appearing thereon, and failure to deposit such proper coin or coins, and to set the timing mechanism in operation when so required, shall con- stitute a violation of this Ordinance. Upon the deposit of such coin or coins (and the setting of the timing mechanism in operation when so required) the parking space may be lawfully occupied by such vehicle during the period of time which has been prescribed for the part of the street in which said parking space is located, provided that any person placing a vehicle in a parking meter space adjacent to a meter which indicates that unused time has been left in the meter by the previous occupant of the space shall not be re- quired to deposit a coin so long as his occupancy of said space does not exceed the indicated unused parking time. If said vehicle shall remain parked in any such parking space beyond the parking time limit set for such parking space, or if the meter shall indicate such illegal parking, then and -2- in theat event, such vehicle shall be considered as parking overtime and beyond the period of legal parking time, and such parking shall be deemed a violation of this Ordinance. I L _ u a,;ri6TI0 IV. That Section 9. (a) of Ordinance No. 3644 shall be amended to read as follows: Section 9. (a) Parking or standing a vehicle in a designated space in a parking meter zone shall be lawful for twelve (12) minutes upon deposit of a one -cent coin, twenty -four (24) minutes upon the deposit of two (2) one -cent coins, thirty - six (36) minutes upon the deposit of three (3) one -cent coins, forty -eight (48) minutes upon deposit of four (4) one -cent coins; provided, however, that in metered zones permitting parking for a period of one hour or more, parking shall be lawful only upon the deposit of the requisite coin as prescribed by the legend affixed to said, meter, which amount shall not be in excess of five (5�) cents per hour. and provided that it shall be unlawful to remain parked in any such parking space beyond the parking time limit set for such parking space. SECTION V, That the last paragraph of Section 11 of Ordinance No. 3644 shall be amended to read as follows: Any person who has been guilty of three or more violations as set out in this section and Ordinance within one (1) calendar year shall not be permitted to settle the said violation by the payment of the fee of One ($1. 00) Dollar as herein provided but shall be required to appear in the said City Court as herein provided. SECTION VI, That Section 14 of Ordinance No. 3644 shall be amended to read as follows: Section 14. Any person who shall violate or fail to comply with any of the provisions of this Ordinance, or who shall counsel, aid, or abet and such violation or failure to comply, shall be deemed guilty of an offense and shall upon conviction thereof be punished by a fine of not more than one hundred ($100.00) dollars. SECTION VII, This Ordinance shall be in full force and effect from and after its passage by the Common Council, its approval by the Mayor and the fulfillment of all statutory requirements relating thereto. Member of the Common Council i rn �Xl +y I61 j9rport of the (committer of t4v a4vir X0 t4t Tomum t Tounrit of t!?e Titg of Ovw4 Teua: Your Committeeen of the Whole, to whom was referred AN ORDINANCE TO AMEND SECTIONS 6, 7, 8, 9, THE LAST PARAGRAPH OF SECMON ii, AND SECTION 14 OF ORDINANCE NO. 3644, ENTITLED "AN ORDINANCE RELATING TO TRAFFIC AND REGULATING THE USE OF THE STREETS AND HIGHWAYS OF THE CITY OF SOUTH BEND, INDIANA; CREATING AND DEFINING PARKING METER ZONES; PROVIDING FOR THE DESIGNATION OF INDIVIDUAL PARKING SPACES; DEFINING AND PROVIDING FOR THE INSTALLATION, OPERATION AND MAINTENANCE, PURCHASE, LEASING, USE, SERVICING, REPAIR, REPLACEMENT, ACQUIRING AND REGULATION OF PARKING METERS; PRESCRIBING PARKING TIME LIMITS; REQUIRING DEPOSITS OF COINS FOR THE USE OF PARKING METERS AND PARKING METER ZONES AND PROVIDING FOR THE COLLECTION AND DISPOSITION OF SUCH COINS; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR THE ENFORCEMENT THEREOF; DEFINING OFFENSES AND PRESCRIB- ING PENALTIES; AND PROVIDING THAT THE INVALIDITY OF PART SHALL NOT AFFECT THE VALIDITY OF THE REMAINDER OF ORDINANCE" PASSED JUNE 7., 1948, ALSO KNOWN AS SECTIONS 54, 57, 58 and 59 OF CHAPTER 29 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1949, GENERAL ORDINANCE NO. 3709., Respectfully report that they have examined the matter and that in their opinion IT SHOULD BE December 14, 1959 Chairman