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HomeMy WebLinkAboutAmend Chapter 20, to extend regulations of Parking to Municipally owned Parking PlacesORDINANCE No. 9131-00 Passed by the Common Council of the City of Soutlt Bend, Indiana August 28, Attest: Attest: 00 20 Presented by me to the Mayor of the City of Soutlt Bend, Indiana AuQUSt 29, 20 00 City Clerk President of Common Co[rncil City Clerk August 29, 00 Approved and signed by me 20 Mayor ORDINANCE NO. ~, ~O~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE TO EXTEND REGULATION OF PARKING TO MUNICIPALLY OWNED PARKING PLACES STATEMENT OF PURPOSE AND INTENT The City of South Bend has the general authority under Chapter 20 of the South Bend Municipal Code to restrict hours of parking on certain city streets and alleys and to enforce those restrictions with civil penalties. The City of South Bend also has the general power under IC 36-9- 11-3 to "regulate parking facilities for vehicles." The City recently implemented a two hour free parking policy for its municipally owned garages which are located at Wayne and St. Joseph Streets; Jefferson and St. Joseph Streets; in the 100 block of East Jefferson Street; and in the 300 block of South Main Street, in South Bend, Indiana. In order to minimize abuse of this free parking policy the City requires specific authority to enforce this two hour limit as well as other parking restrictions such as handicap zones. The City also maintains parking lots adjacent to some of its building structures for which to power to enforce restrictions would benefit the general public. This ordinance extends to all municipally owned, leased or operated parking places the City's ability to restrict parking and to reasonably enforce such restrictions. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend as follows: Section 1. Chapter 20, Article 1, Section 2, of the South Bend Municipal Code shall be and hereby is amended to add a new definitional Section (18) "Municipal Parking Facility" as follows: ARTICLE 1. GENERAL PROVISIONS, ADMINISTRATIVE REGULATIONS (18) Municipal Parkin Fg acility. Any land, area, or structure including but not limited to a garage or lot owned leased, or operated by the City, its commissions or divisions, which is open to the eg neral public for the purpose of parkinu motor vehicles. (-1-819) No-parking zone: That portion of any street, alley or highway at and near the approaches to intersections and other congested or dangerous areas, including those locations set forth in IC 9-4-1-114, where parking is prohibited for purposes of safety and the expediting of the flow of traffic. 0920) Official traffic-control device: Any sign, signal, marking, light or other device designed, intended or used for guiding, directing or controlling traffic which conforms with the requirements of the Indiana Manual on Uniform Traffic-Control Devices for Streets and Highways, as approved by the Indiana State Highway Commission. 0921) Officer: Every individual authorized to enforce the provisions of this chapter, including, but not limited to, all sworn members of the South Bend Police Department and all employees and agents of private entities under contract with the City to enforce the provisions of this chapter. (2-1.22) Operator: Every individual who shall operate a vehicle as the owner thereof or as the agent, employee or permittee of the owner or who is in actual physical control of a vehicle. (~z23) Park or parking: The standing of a vehicle, whether occupied or not, upon a street otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers or loading or unloading merchandise, or in obedience to traffic regulations, signs or signals or an involuntary stopping of the vehicle by reason or causes beyond the control of the operator of the vehicle. (z'~24) Parking: The stopping of a motor vehicle in a roadway or in a portion of a roadway, except as required by atraffic-control signal or device, and other than momentarily for the purpose of loading or unloading persons or property, regardless of whether or not the vehicle is left unattended while stopped. "Momentarily" for this purpose means less than one (1) minute. (z''~25) Parking meter: Any mechanical device or meter not inconsistent with this chapter placed or erected for the regulation of parking by authority of this chapter. Each parking meter installed shall indicate by property legend the legal parking time established by the City, and, when operated, shall at all times indicate the balance of legal parking time, and at the expiration of such period shall indicate illegal or overtime parking. 0526) Parking meter space: Any space within a parking meter zone, adjacent to a parking meter, and which is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining the parking meters. (2fi27) Parking meter zone: Any restricted street upon which parking meters are installed and in operation. (~i 28) Passenger vehicle: Every motor vehicle, other than a taxicab or bus, designed and used for the transportation of persons. (x.`$29) Pedestrian: Any person afoot. 0930) Police officer: Every sworn officer of the City Police Department. (3-631) Preferential or through street: A street or highway duly designated as one on which the traffic has preference over the traffic on intersecting streets or alleys and which traffic on intersecting streets cannot enter or cross without first stopping and/or yielding in accordance with stop or yield signs erected thereon. (332) Private road or driveway: Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. (333) Railroad: A carrier of persons or property upon cars, operated upon stationary rails. (3-334) Railroad train: A locomotive with or without cars coupled thereto, operated upon rails, except electric trains. (335) Residence district: The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred (300) feet or more is in the main improved with dwellings or dwellings and buildings in use for business. (3636) Right-of--way: The privilege of the immediate use of the roadway. (3637) Roadways: That portion of a public street, alley or highway designed, improved or ordinarily used for vehicular traffic. (338) Safety zone: A duly designated area or space within a roadway for the use of pedestrians. (3$39) Sidewalk: That portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. (3-940) Standing: Any stopping of a vehicle, whether occupied or not. (4941) Stop: When required, complete cessation of movement. (4-42) Stop or stopping: When prohibited, any stopping of a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic-control sign or signal. (4243) Street or highway: The entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter or right, for the purpose of vehicular traffic. (4544) Taxicab: Every motor vehicle designed and used to transport persons, not more than six (6) in number, not including the driver, and which does not operate over any definite designated routes and the destination of which is designated by the passenger or passengers at the time of such transportation. (~45) Taxicab stand: An area along a public street or alley where taxicabs may park while waiting for passengers and where parking by vehicles other than taxicabs is prohibited. 0546) Time limit zone: That continuous portion of any street, alley. Municipal Parkin Facility or highway bounded by any street, alley or driveway, with respect to which parking thereupon is limited to a specified period of time. (~fi47) Traffic Vehicles, bicycles and pedestrians either singly or together while using any street, alley or highway for purposes of travel. (~48) Traffic authority: The Director of the City Traffic Division within the office of the City Engineer designated as the City Traffic Director. (#849) Truck: Every motor vehicle designed, used or maintained primarily for the transportation of property. 0950) Truck tractor: Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (5951) Truck trailer: Every vehicle designed and used primarily for carrying property and for being drawn by a motor vehicle, including, but not limited to, semitrailers, pole trailers and vehicle transporters. (552) Vehicle: Every device in, upon or by which any person or property is or may be transported or drawn upon a street, alley or highway, except devices moved by human power or used exclusively upon stationary rails or trucks. Section II. Chapter 20, Article 1, Section 3 of the South Bend Municipal Code is hereby amended to read as follows: Section 20.3 Authority of Board of Public Works (a) The Board of Public Works shall have authority: (1) One-Way Streets. To designate certain streets and alleys or parts thereof which are to be used by vehicles traveling in only one direction; (2) Parking Restrictions. To designate certain streets, aril alleys, and Municipal Parking Facilities or parts thereof, where parking is prohibited at all times, where parking is restricted to a specified maximum time during specified hours of the day and week, where parking is restricted to authorized emergency vehicles (to be known as "emergency zones"),where parking is restricted for mobility handicapped persons (to be known as "handicapped parking"), where parking is restricted to temporary stopping and standing for loading and unloading purposes only (to be known as "loading zones"),where parking is prohibited during certain hours of the day or days, or portions thereof, of the week, where parking is limited to taxicabs (to be known as "taxicab stands"), antl where parking is limited to buses (to be known as "bus loading zones"); (3) Through Streets. To designate preferential or through streets; (4) Safety Zones. To designate safety zones; (5) Limited Parking. To prohibit or limit parking stopping or standing by commercial vehicles in designated areas and/or at designated hours of days, or portions of days of the week; (6) Crosswalks. To designate crosswalks; (7) Traffic-Control Devices. To place or erect appropriate official traffic-control devices at designated places so as to place in effect actions taken pursuant to the authority granted by this section; (8) No-Parking Zones. To designate portions of certain streets and alleys at and near the approaches to intersections and other congested or dangerous areas where parking shall be prohibited for purposes of safety and the expediting of the flow of traffic; (9) Parking Meters. To enter into any contract for the rental, purchase, acquisition, installation, regulation, use, operation, maintenance, repair, servicing and supplying of parts and replacements of parking meters as may be necessary, and to provide payment therefor exclusively from the funds, receipts and revenues obtained by the City from the operation and use of parking meters without in any way obligating the City to pay for the equipment from funds derived from any other source. The Board of Public Works is further authorized and empowered to enter into a contract for the carrying into effect the purposes and intent of this; (10) Parking Time Limits. To regulate and determine the parking time limits to be established for each parking metered zone; (11) Speed Regulations. To determine and declare certain speed regulations; (12) Contract for Private Enforcement Services. To contract with a private party for the enforcement of the provisions of this chapter, subject to the conditions set forth in section 20-17 herein. (13) Special Police Commissions. To empower those holding special police commissions with the power to enforce the provisions of this chapter. Section III. Chapter 20, Article 6, Section 67 of the South Bend Municipal code is hereby amended to read as follows: (a) No person shall park a vehicle at any time upon any street, alley, Municipal Parkin Fg_ acility 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. Section IV. This ordinance shall be full force and effect from and after its passage by the Common Council, and publication as prescribed by law. Q Member, South Bend Co n ouncil 00 1 sr READING ~- ~~~ PUBLIC HEARING ~-2-~-~~ 3 rd READING g _ Z ~ _ ~~ NOT APPROVED REFERRED PASSEfl g-L~ O~ ~, COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 65-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE TO EXTEND REGULATION OF PARKING TO MUNICIPALLY OWNED PARKING PLACES 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.. Andrew Udj ak Chairman 1400 COUNTY-CITY BUIIDING SoI1TH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LilECKE, MAYOR DEPARTMENT OF I.AW PHONE 219/ 235-9241 FAx 219/235-9892 TDD 219/ 235-5567 JOHN E. BRODEN ALADEAN M. DEROSE CITYATTORNEY August 15, 2000 CHIEF ASSISTANTCITYATTORNEY Ms. Charlotte Pfeifer President, South Bend Common Council 435 County-City Building South Bend, IN 46601 Re: A Substitute Ordinance amending Chapter 20 of the South Bend Municipal Code Dear Ms. Pfeifer: On August 8, 2000 this office submitted for the Council's consideration an ordinance amending Chapter 20 of the South Bend Municipal Code to extend parking regulation to municipally owned parking places. I now enclose a substitute ordinance which changes the term "Municipal Parking Place" to "Municipal Parking Facility." This change has been made in order to be consistent with the language used in the Indiana Code authorizing municipalities to construct, lease, and maintain a "parking facility." Thank you for your consideration of this substitute ordinance, and I apologize for any inconvenience. Sincerely, Aladean M. DeRose Chief Assistant City Attorney AMD/cw Enclosure =lT'~ Yid `,. ~..~ . . C °j - -.... lam: ~"`"..,<. ~... .,.:.i~~~• -~ iL". i:.r ~.. ~~ THO:vfA$1.. BODNAR CHERYL f~. GREENE MICHELLE 1,. ENGEL JEFFREY M. JAN}:OWSI4 ROBERT C. ROSENFELD f~NN-CAROL HASH