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HomeMy WebLinkAboutAmend Code Relating to Traffic & Regulating of the Streets & Highways Defining Parking Meter Zones, Etc.ORDINANCE No. 3644 Passed by the Common Council of the City of South Bend, JUNE 7TA 19x-A8- Presented by me to the Mayor of the City of South Bend, I Approved and signed by i C JUNE 8TH. �9J -4$_ Clerk of Common Council Clerk -0190r ORDINANCE NO. 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 hR THE DESIGNATION OF INDIVIDUAL PARKING SPACES: DEFINING AND PROVIDING FOR THE INSTALL,ATIONI OPERATION AND MAINTENANCE, PURCHASE LEASING USE SERVICING REPAIR REPLACEMENT ACQUIRING AND REd&ATIbN OF PARKING METEU- PRESCRIBING PARKING TIME LIMITS; REQUIRING DEPOSITS OF COINS FOR THE USE cs THE N1Li OF PARKING METERS AND PARKING METER ZONES AND PROVIDING FOR THE COLLECTION AND DISPOSITION OF SUCH COINS; REPEALING EZARM3 6-7 CONFLICTING ORDINANCES; PROVIDING FOR THE ENFORCEMENT THEREOF; 8rd CEADIM G ����0 DEFINING OFFENSES AND PRESCRIBING PENALTIES; AND PROVIDING THAT THE INVALIDITY OF PART SHALL NOT AFFECT THE VALIDITY OF NOT AFP��YED THE REMAINDER OF ORDINANCE. REFERRED PASSED WHEREAS, parking ordinances have been in full force and effect in the City of South Bend, Indiana for years past limiting the time allowed for vehicular parking on certain streets of said city, and WHEREAS, it has been difficult to enforce said ordinances by the "chalk mark" method, and WHEREAS, previous attemps to regulate parking on said streets have not been satisfactory and have not produced the desired results, for the reason that sufficient police officers could not be assigned to such work from other duties, and WHEREAS, the violation of the present parking ordinances tend to impede traffic thereby constituting hazardous conditions and endanger- ing the life, limb and property of other motorists, pedestrians and others? and WHEREAS, it is desirable to employ mechanical assistance in the enforcement of the parking ordinances, and WHEREAS, parking meters have been installed in a number of cities as an aid to the police in reducing traffic difficulties and the public authorities of such cities report favorable results from the installation and operation of parking meters, and WHEREAS, it is the opinion of the Common Council of the City of South Bend? Indiana, that the best method by which the above mentioned conditions may be remedied is by the designation of individual parking spaces in the said area, by restricting parking in said area to reasonable - 1 - intervals of time and by compelling the operators of vehicles who enjoy the use of the parking space so designated to pay a portion of the cost of establishing, maintaining and regulating the use of said parking spaces, now therefore, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BENDI STATE OF INDIANA: Section 1. (a) The word "vehicle" shall mean any device in) upon, or by which any person or property is or may be transported upon a public highway, except a device which is operated upon rails or tracks. (b) the word "Street" shall mean any public street, avenue, road, alley, highway2 lane, path, or other public place located in the City of South Bend, Indiana, and established for the use of vehicles. (c) The word "person" shall mean and include any individual? firm, co- partnership, association or corporation. (d) The word "operator" shall mean and include every individual who shall operate a vehicle as the owner thereof, or as the agent, employee or permittee of the owner, or is in actual physical control of a vehicle. (e) The'iword "park" or "parking" shall mean the standing of a vehicle7 whether occupied or not, upon a street otherwise than tem- porarily for the purpose of, and while actually engaged ins receiving or discharging passenger or loading or unloading merchandise, or in obedience to traffic regulations, signs or signals or an involuntary stopping of the vehicle by reason of causes beyond the control of the operator of the vehicle. - 2 - (f) The words "parking meter" shall mean and include any mechanical device or meter not inconsistent with this ordinance placed or erected for the regulation of parking by authority of this ordinance. Each parking meter installed shall indicate by proper 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. (g) The words "parking meter zone" shall mean and include any restricted street upon which parking meters are installed and in operation. (h) The words "parking meter space" shall mean 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. The above definitions are for the purpose of this ordinance. Section 2. The following named and designated areas, streets or portion of streets and such other areas, streets, or portions of streets as may hereafter be included in this section by amendment hereto, lying within the corporate limits of the City of South Bend, Indiana, shall constitute and are hereby established as Parking Meter Zone or Zones, and all frontage in said squares, streets or avenues defining said zones to be included therein, namely: Michigan Street from Madison Street to Bronson Street, Main Street from Madison Street to Monroe Street, LaFayette Boulevard from LaSalle Avenue to Monroe Street, St, Joseph Street from Lincoln Way East to South Street, LaSalle Avenue from Williams Street to Michigan Street, Colfax Avenue from LaFayette Boulevard to Michigan Street, Washington Avenue from LaFayette Boulevard to Lincoln Way East, Jefferson Boulevard from LaFayette Boulevard to Lincoln Way East, Wayne Street from LaFayette Boulevard to St. Joseph Street, Western 4enue from Michigan Street to LaFayette Boulevard, -3- Monroe Street from LaFayette Boulevard to St. Joseph Street, South Street from Main Street to St. Joseph Street, Lincoln Way East from Washington Avenue to Jefferson Boulevard, Lincoln Way West from LaSalle Avenue to William Street Section 3. The Chief of Police or such officers or employees of the City of South Bend, Indiana, as the Mayor of said City may designate is hereby directed and authorized to mark off individual parking spaces in the parking zones designated and described in Section 2 of this Ordinance and in such other zones as may hereafter be established, said parking spaces to be designated by lines or marks painted or durably marked on the curbing or surface of the street about or along side of each parking meter to de- signate the parking space for which said meter is to be used, and each vehicle parking along side of or next to any parking meter shall park within the lines or markins so established. At each space so marked off it shall be unlawful to park any vehicle in such a way that the said vehicle shall not be entirely within the limites of the space so designated or across any such line or mark. Section 1+. Parking meter spaces shall each be approximately seven (7) feet wide and twenty (20) feet long for each interior parking space, and eighteen (18) feet in length for each end parking space at street or alley intersections. Any vehicle parked in any parking space in any parking meter zone shall be parked with the hood of such vehicle along side of or next to the parking meter. Section 5, The Board of Public Works and Safety is hereby empow- ered and vested with authority to enter into.any contract for the rental, purchase, acquisition, installation, regulation, use, operation, maintenance, repair, servicing and supplying of parts and replacements of said parking meters as the same may be necessary, and to provide payment therefore exclu- sively from the funds, receipts and revenues obtained by the City of South Bend, Indiana from the operations and use of said parking meters without in any wise obligating the City of South Bend to pay for the same from funds derived from any other source, and the Board of Public Works and Safety is hereby further authorized And empowered to enter into a contract or contracts for the carrying into effect the purposes and intent of this Ordinance, Section 6. The Board of Public Works and Safety of the City of South Bend, Indiana shall provide for the rental, purchase, acquisition, installation, regulation, operation, maintenance, repair, servicing and re- - 4 - placement of parking meters when necessary to carry out the purpose and intent of this Ordinance and shall cause said meters to be maintained in good workable condition. SEction 7, The Chief of Police or such other officers or employ- ees of the City of South Bend, Indiana as the Mayor of said City may desig- nate is hereby authorized and he shall install or place parking meters upon the curb or sidewalk2 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 indicated. Each parking meter shall be set or placed as to show or display a signal that the parking space along side of it is or is not in use. Each parking meter or device shall be so set as to display a signal showing legal'andf lawful: 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 de- posit such proper coin or coins, and to set the timing mechanism in oper- ation when so required, shall constitute 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 pre- scribed 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 required to deposit a coin so long as his occupancy of said space does not exceed the indicated unused parking time. I£ said vehicle shall remain parked in any such parking space beyond the parking time limit set for such parking space, and if the meter shall indicate such illegal parking, then and in that, 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. 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, or sixty (60) minutes upon the deposit of five (5) one -cent coins or one (1) five -cent coin of the United States of America; provided that it shall be unlawful to remain parked in any such parking space beyond the parking time limit set for such parking space. (b) Said parking meters shall. be operated in said parking meter zones between the hours of eight (8:00) o'clock A.M. and five- thirty (5:30) o'clock P.M. on any Tuesday, Wednesday, Thursday, Friday and - 6 - Saturday, and between the hours of eight (8:00) o'clock A.M. and eight - thirty (8:30) o'clock P.M. on any Monday, except holidays; provided however that within the meaning of this Ordinance the term "holiday" shall include the following days only: The first day of January, the 30th day of May, the fourth of July, the first Monday in September, the twenty -fifth day of December, and the day designated and set aside by the President of the United States as a day of Thanksgiving. Section 10. It shall be unlawful and a violation of the provi- sions of this Ordinance for any person: (a) To cause, allow, permit or suffer any vehicle registered in the name of, or operated by such person to be parked overtime, or beyond the period of legal parking time established for any parking meter zone as herein described, or to deposit in any parking meter any coin for the purpose of parking beyond the maximum legal parking time for the par- king time for the particular parking meter zone. (b) To permit any vehicle to remain or be placed in any parking space adjacent to any parking meter while said meter is displaying a signal indicating that the vehicle occupying such parking space has already been parked beyond the period prescribed for such parking space. (c) To park any vehicle across any line or marking of a parking meter space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings. (d) To deface, injure, tamper with, open or wilfully break, destroy, or impair the usefulness of any parking meter installed under the provisions of this Ordinance. (e) To deposit or cause to be deposited in any parking meter any slugs7 device or metal substance, or other substitute for lawful coin or coins. Section 11. It shall be the duty of the Police Department to enforce the provisions of this Ordinance. Whenever a member of the police department of the City of South Bend, Indiana, or other person charged with the enforcement of this Ordinances shall find that Section three (3) or Section four 0+) or Section seven (7) or Section eight (8) or Section nine (9) or Section ten (10) (a) (b) or (c) is being or has been violated by -7- the owner or operator of any vehicles such officer or person shall notify such owner or operator of such vehicles in writing, on a form to be pro- vided by the City, of such violation. Such notice shall be made in dupli- cate and shall be serially numbered and show the specific violation charged, the registration or state license number of the vehicle involved, the violator's name, address and operatorts license number if possible to obtain the same and any other information which he may then and there dis- cover. One copy of such notice shall be presented to the violator or owner or operator of such vehicle, and in case such violator, operator or owner shall not be in possession of, present, or in charge of such vehicle, the posting of such notice or the attachment thereof to a conspicuous place on such vehicle shall be deemed a sufficient notice of such violation. Said notice shall require the person who has received said notice to appear within 48 hours at the hour specified in the notice at the City of Snuth Bend Police Station. It shall be the duty of the officer or person serving such notice to file the duplicate copy thereof in the office of the Police Department of said City. The owner or operator of such vehicle who has been so notified of a violation of this Ordinance, as herein provided, may, within the forty =eight (48) hours after having been so notified, answer at the office of the Tkaf£ic Bureau /of the Police Department of the City of South Bend, Indiana, to the charge of such violation of this Ordinance as set forth in said notice and pay a prescribed feet of One ($1.00) dollar in settlement of said offense or charge; and acceptance of and payment of said fee and the authority by the said Clerk shall be deemed complete satisfaction for the violation and the violator shall be given a receipt which so states. Whenever any person has been issued a notice as provided in this section for the violations as in this section set forth, and shall fail or refuse to appear within the forty -eight (48) hours after such service of such notice as herein provided at the said Police Station, or having appeared shall fail or refuse to pay to the said Clerk of said Police Department the said fee in settlement of said charge and violation, then it shall.be the - 8 - duty of the officer or authorized person issuing such notice to file or cause to be filed in the City Court of South Bend, Indiana, an affidavit charging such person with the violation or violations specified in such notice, whereupon it shall be the duty of the City Clerk to cause summons or a warrant to issue to such person to appear in said City Court at a certain day and hour to answer said charge and stand trial for the same, and upon conviction, such person shall be subject to the penalties prescribed in this Ordinance in section 14. All such fees paid or fines paid shall be accounted for as now or may hereafter be provided by law. Any person who has been guilty of three or more violations as set forth in this section and Ordinance within the proceeding twelve (12) months 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 12. It shall be the duty of the Chief of Police to desig- nate some member or members of the Police Department or such other officer or employee of the City as the Mayor may direct to make regular collections of the money deposited in said meters and it shall be the duty of such persons so designated to remove from the parking meters the sealed containers therein containing the coins so deposited in said meters and to deliver such sealed containers, 'wyth'•the seals unbroken, to the City Controller of the City of South Bend, Indiana, who shall break the seals and count the funds therein contained and deposit such funds with the City Treasurer who shall place said funds in a special fund as is now provided by the laws and Statutes of the State of Indiana. Section 13. The coins deposited in parking meters are required and shall be used to defray the expense of proper regulation of traffic upon the public streets of the City of South Bend, Indiana; to provide for the cost of supervision, regulation and control of the parking of vehicles in parking meter zones; to cover the cost of purchases supervision, protection, inspection, operation, maintenance, control and use of parking meters; and for such other purposes as are provided, set forth and designated by the laws and Statues of the State of Indiana. , - 9 - 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 any 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, or by imprisonment for not to exceed thirty (30) days or by both fine and imprisonment. Section 15. Nothing in this Ordinance shall be construed as prohibiting the City of South Bend, IndiaAa from providing for bus stops, for taxicab stands, the loading or unloading of trucks, vans, other com- mercial vehicles, passenger vehicles, and other matters of similar nature, Section 16. All ordinances and parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances governing and regulating the subject matter covered by this ordinancer. Section 17. If any section or provision, or parts thereof, in this ordinance shall be adjudged invalid or unconstitutional, such invali- dity or unconstitutionali4hall not affect the validity of the ordinance as a whole or of any other section or provision or part hereof, Section 18. This entire ordinance shall be deemed and construed to be an exercise of the Police Power of the City of South Bend, Indiana for the preservation and protection of public safety, and -all of its provisions shall be liberally construed with a view to the effectuation of such purpose, Section 19. This ordinance shall be in full force and effect from and after its passage and publication as required by law. i MEMBER OF THE COMMON NCIL