HomeMy WebLinkAboutAmending Chapter 20 to Adress Snow Removal Practices & ProceduresORDINANCE No. 10345 -15
Passed by the Common Council of the City of South Bend, Indiana
Attest:
Attest:
January 26,
20 15
JOHN VOORDE
Presented by me to the Mayor of the City of South Bend, Indiana
January 27, 20 15
City Clerk
President of Common Council
Approved and signed by me ''►'ebl�,ar<I 3 %�'if � 20
L
City Clerk
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Bill No. 66 -14 (Substitute)
ORDINANCE NO. k) 3 `IF I S
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.
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 appropriate person mayor
er in his absenee, the eib, engineer, or in the absenee of beth, the mayor's designee, as
designated in iting and filed in the ,.ffiee e fthe eity eler,. 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 non snew ratites (resid°n "^' streets) city streets.
(d) Winter weather emergency condition means a formal declaration by the mayor or,
in the mayor's absence, the eity engirt ef, , in bath of their abseneee the mayor's designee, that
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 ahqenee, the eity engineerDirector of Public Works for the
City of South Bend , or ins, 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 absenee, the e45, engineer Director of Public Works, or ill hRfie
absenees, 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) Residential Street clearance conditions.
(3) (b ) The mayor alone, or in the mayor's absence, the mayor's designee shall have the
authority to declare that A a-deeh-ffe6eff-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 fflayer er, in , the
eity engineer, or in both e f the:.- absence, the appropriate person, by issuing a
press release to local radio, television, newspaper and other news services. Such
declaration shall be made an a 4i;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
absenee, the e-ity engineer Director of Public Works, or in bay then absences,
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
abseHee, the eityengineer, Director of Public Works, or in his absenee, his 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
his -absence, the eity-engiaeerDirector of Public Works, or in both of their absenee°
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 enee, the city engineer Director of Public works, or in beth
of their enees, the mayor's designee, deems necessary for effective snow
removal.
Section III. 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 RP44Pnfiq l snow clearance conditions. When street snow clearance
conditions are declared to exist, the following traffic regulations shall be in effect:
(1) Padding ,.hall be allowed on streets de..:.......ted as snew eut....
(2) Parking shall be banned from 8:00 a.m. until 8:00 a.m. the following morning on all
streets not designated as snow routes in accord with one of the following schedules:
a. Even - numbered days— wle par-king on e....ta. est street. 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 parking".
Odd - numbered days — NE) i3afking on erdi4.euth streets. Parking solely on odd
address street sides (parking 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 1.7.he eify-engineer, Ar in heth of *h°"bsenees, 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."
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 IV. Chapter 20, Article 7, Section 20 -105.1 shall be and hereby is amended to read
as follows:
Sec. 20- 105.1. Penalties.
(a) Any person found to be in violation of section 20 -105 of this article shall be fined
twenty -five dollars (25.00).
(b) Enforcement of Sec.20 -105 shall be by the Police Department, Code Enforcement
Department, and other entities consistent with policies and procedures set forth in
Sec. 20 -17: with all fines being paid through the Ordinance Violations Bureau.
Section V. Severability: If any part, subsection, section, paragraph, sub - paragraph,
sentence, clause, phrase or word of this ordinance is for any reason declared to be
unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this ordinance.
Section VI. 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 me to the Mayor of the City of South Bend, Indiana on the 1-0V day of
- , 2015, at `( %) o'clock. �--.m.
City C�k i
Approved and signed by me on the
o'clock, _d .m.
I st READING l
PUBLIC HEARING
3rd READING CLS 5ub 61a+A 1' {j 4ncY,r�0
NOT APPROVED
REFERRED
1ASSED I .L�, `ts° Q.S- S Am -Q'vl .a
day of , 2015, at
Mayor, Cik of So Bend, Indiana
Filed M Office
t -MIr
CITY CUM.", h IEMD, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
66 -14 A BILL 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
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with no recommendation due to
a lack of a quorum and substituted by amending the fine amount from $50.00 to
$25.00.
This bill was heard by the Public Works & Property Vacation Committee.
Karen L. White
Chairperson, Committee of the Whole