HomeMy WebLinkAbout01-12-15 Public Works and Property VacationPUBLIC WORKS & PROPERTY VACATION JANUARY 12.2015 3:35 P.M
Committee Members Present: Valerie Schey, Dr. David Varner, Henry Davis, Oliver Davis
Other Council Present: Tim Scott, Dr. Fred Ferlic, Gavin Ferlic, Karen White,
Derek Dieter
Others Present: Kathy Cekanski- Farrand, Katheryn Roos, Bob Emery
Agenda: Bill 66 -14 Amends Snow Removal Practices & Procedures
The Public Works and Property Vacation Committee under the leadership of Chairperson Valerie Schey
met to discuss Bill 66 -14. This bill would amend the City Code to adopt new snow removal practices and
procedures.
Director of Public Works, Eric Horvath was called upon to present this administration sponsored bill.
Eric said that the way the City approaches snow removal has been under review since the record
snowfall of the winter of 2014. Having critically reviewed current practices Eric said new processes have
been devised that would improve safety and efficacy of the City's snow removal efforts.
To that end the bill would require parking on even numbered days be permitted only on the side of
streets with even numbered addresses. The same would apply to odd days requiring parking on the side
of streets with odd number addresses. The bill designates the Director of Public Works to make snow
removal decisions reserving the declaration of winter weather emergencies to the Mayor.
For the Council's further consideration Eric provided a substituted version of the bill containing a
number of changes from the original both substantive and scriber's errors. One substantive change was
the penalty amount for a non - compliance citation. The current Code specifies $25.00. Originally the
administration proposed it be $100.00; but was now suggested at $50.00.
Many Council questions followed. Derek Dieter asked pointed questions about enforcement
procedures. Henry Davis felt the bill needed more discussion bill making a motion for continuance until
the January 26 meeting. Oliver Davis seconded the motion and all supported.
Valerie Schey adjourned the meeting at 4:08 P.M.
Regbectfully Submitted,
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Valerie Schey, Chairperson
Bill No. 66 -14 (Substitute)
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 20, ARTICLE 7, OF THE
SOUTH BEND MUNICIPAL CODE TO ADDRESS SNOW REMOVAL PRACTICES
AND PROCEDURES
STATEMENT OF PURPOSE AND INTENT
The winter months of 2014 presented substantial, unprecedented challenges to the City of
South Bend's snow clearance services for its citizens. It also offered an opportunity to test the
effectiveness of the City's parking restrictions as part of the City's snow clearance process. After
critically assessing the current snow removal process and procedures, the City's Streets Division
has concluded that changes to the current snow removal process should be implemented for
reasons of safety, and efficacy in snow removal by the City's heavy equipment. Specifically, for
snow clearance purposes, the City will require that on even numbered days, parking will be
permitted solely on the side of City streets with even numbered addresses, and on odd numbered
days, parking will be permitted solely on the side of City streets with odd numbered addresses.
This ordinance implements such a procedural change.
It also designates the Director of Public Works for the City of South Bend, rather than
the City Engineer, to make snow removal decisions in addition to the mayor, but reserves
exclusively for the mayor the decision to declare Winter Weather Emergency conditions.
Finally, because public failure to comply with snow removal procedures has a substantial impact
upon overall safety and upon the effectiveness of snow removal, this ordinance increases the
penalty for violation from Twenty -five dollars (525.00) to One Hundred dollars
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, as follows:
Section I. Chapter 20, Article 7, Section 20 -101, subpart (d) shall be and hereby is
amended to read as follows:
Sec. 20 -101. Definitions.
(a) Snow, removal condition means a formal declaration by the mayor or, in his
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absence, the - eity- ereer, Director of Public Works, or in the absence of both, the
mayor's designee, as designated in writing and filed in the office of the city clerk,
that, in his or her opinion, the actual or expected precipitation will create hazardous or
dangerous street or sidewalk conditions. Such declaration shall take one (1) of the
following forms:
(1) Snow route clearance condition.
(2) Street Residential clearance condition.
(3) Winter weather emergency condition
(c) Street Residential clearance condition means a snow - removal condition which
addresses all tes (residential feetsT
non -s=.a city streets.
(d) Winter weather emergency condition means a formal declaration by the mayor or,
the ay eng•. bet, r theif a , the mayor's designee, that
In mayor's absence ,..., cn."ixxc °cr, or in oocsm nxcn- trovcncco
the occurrence or eimminent threat of widespread or severe damage, injury or loss of life or
property resulting from a snow storm requires emergency action.
Section II. Chapter 20, Article 7, Section 20 -104 shall be and hereby is amended to read
in its entirety as follows:
Sec. 20 -104. Snow removal conditions.
(a) If the mayor or; in his able lee, the eity engineerDirector of Public Works for the
City of South Bend , or in their a pees, the mayor's designee, determines that the
actual or expected accumulation of snow, sleet, hail, ice and /or freezing rain is
creating or will create hazardous or dangerous street and sidewalk conditions of
sufficient severity to require specialized snow removal procedures, the mayor or, in
his absence, the eity-engi aeei Director of Public Works, or iii both eftheir ,.>,..,.nee
the mayor's designee, shall have the authority to declare that one (1) of the
following snow removal conditions exists:
(1) Snow route clearance conditions.
(2) Reqidential Street clearance conditions.
(-34 (b) The mayor alone, or in the mayor's absence, the mayor's designee shall have the
authority to declare that A a ae ion-ef Wwinter weather emergency condition exists
as defined at Section 20- 101(d) of this Article.
(c) All snow removal conditions shall be declared by the m :yer ^ -, in his
the "sneer- or in both of their absenees, the appropriate person, by issuing a
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press release to local radio, television, newspaper and other news services. Such
declaration shall be made oBa 4)n:n which contains the following information: Date,
time and reason for declaration, the actual or anticipated weather conditions at time
of declaration. Such declaration shall be signed by the mayor or, in his ate, the
eity engineer Director of Public Works, or in both ii absenees, the mayor's
designee, and a copy filed, as soon as possible, with the office of the city clerk,
where it shall be available for public inspection.
(d) Once declared, the snow removal condition shall continue until the mayor or in his
abseneethe eity-engineer, Director of Public Works, or in 1.7.s the
mayor's designee, declares it to be ended in the same manner as provided for its
declaration in subsection (b). Such declaration shall be signed by the mayor or, in
hiss - absence, the eity engiaeeyDirector of Public Works, or in both of their absenees,
the mayor's designee, and a copy filed, as soon as possible with the office of the city
clerk, where it shall be available for public inspection. Only the mayor or the
mayor's designee may declare a winter weather emergency condition to be ended.
(e) Snow removal conditions may be declared for the entire city or any part thereof,
as the mayor or, in the city engi n_eef Director of Public works, or in
beth e their the mayor's designee, deems necessary for effective snow
removal.
Section II. Chapter 20, Article 7, Section 20 -105 shall be and hereby is amended to read as
follows:
Sec. 20 -105. Traffic regulations during snow removal conditions.
(a) Snow route clearance conditions: When snow route clearance conditions are declared to
exist, the following traffic regulations shall be in effect:
(1) No vehicle shall be parked on a street designated as a snow route.
(2) Any vehicle parked, stalled, incapable of moving under its own power or left
unattended on any street designated as a snow route shall be issued a citation and /or
towed and /or impounded.
(3) Provided, however, that no such vehicle shall be issued a citation and /or towed and /or
impounded if the street upon which it is parked has been plowed by the city in such a
manner that all traffic and parking lanes are open and clear of snow.
(4) The owner of any vehicle in violation of this article shall be responsible for all citation
fines, towing and storage fees. Citations under this article shall be issued as provided in
section 20 -17 of this chapter.
(b) Street Residenfia 1 snow clearance conditions. When resgin street snow clearance
conditions are declared to exist, the following traffic regulations shall be in effect:
(1) D.. «1.:....shall be alley.,ed on #rvet.. designated as snem, e..te.
(2) Parking shall be banned from 8:00 a.m. until 8:00 a.m. the following morning on all
streets net .1esig. 4ed as ONew routes in accord with one of the following schedules:
a. Even - numbered days— e par4ifig on east/west st eets. Parking solely on even
address street sides (narking solely on south or east sides of streets) even if street
is designated or posted as "no narking ".
b.
Odd - numbered days-34e parlEifig on th/so:;tstreets. Parking solely on odd
address street sides (narking solely on north or west sides of streets) even if street
is designated or posted as "no parking ".
(3) Any vehicle parked, stalled, incapable of moving under its own power or left
unattended upon any street in violation of this section shall be issued a citation and /or
towed and /or impounded upon discovery.
(4) Provided, however, that no such vehicle shall be issued a citation and /or towed and /or
impounded if the street upon which it is parked has been plowed by the city in such a
manner that all traffic and parking lanes are open and clear of snow.
(5) The owner of any vehicle in violation of this article shall be responsible for all citation
fines, towing and storage fees. Citations under this article shall be issued as provided in
section 20-17-of this chapter.
(c) Winter weather emergency conditions: When winter weather emergency conditions as
defined at 20 -101 (d) of this Article are declared to exist, the following regulations shall
be in effect:
(1) The mayor alone or, in 1.1.e der, of =boa of i
ther � abse.ees,
the mayor's designee, shall have the following powers:
a. To limit traffic within the city.
b. To establish such parking regulations as he or she deems necessary.
c. To designate both city -owned vehicles and privately owned vehicles as "temporary
service vehicles."
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d. To exercise all authority granted pursuant to IC 10- 14 -3 -1 et seq., the Emergency
Management and Disaster Law, regulating civil defense disaster law if he or she
deems weather conditions to be severe enough to implement such emergency powers.
Section III. Chapter 20, Article 7, Section 20 -105.1 shall be and hereby is amended to read
as follows:
Sec. 20- 105.1. Penalties.
Any person found to be in violation of section 20 -105 of this article shall be fined fifty
twenty fiv e dollars ($50.00 25.00).
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 any publication required by law.
Member of the Common Council
Attest:
City Clerk
Presented by one to the Mayor of the City of South Bend, Indiana on the day of
, 2014, at o'clock. .m.
City Clerk
Approved and signed by me on the day of 201 at
o'clock, M.
Mayor, City of South Bend, Indiana