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HomeMy WebLinkAboutLicensing & Regulating Parking Stations and Parking Station OperatorsORDINANCE Passed by the Common Council of the City of South Bend, Presented by me to the Mayor of the City of South Bend, Approved and signed by �I *M7 rail Clerk of Common Council Clerk Mayor ORDINANCE NO. 3351 (as ar ded) AN ORDINANCE LICENSING AND REGULATING PARKING STATIONS IN THE CITY OF SOUTH BEND, INDIANA, AND LICENSING AND REGULATING PARKING STATION OPERATORS. Section 1, (a) DEFINITIONS. Open Parking stations, as used in this Ordinance, shall mean any plot, piece or parcel of land used for the purpose of storing motor vehicles where the owners or persons storing such vehicles, are charged a fee, and shall include such plot where shelters that are not completely enclosed are erected, and which are open to the general public. (b) The term "Board" as used herein shall mean the Board of Public Works and Safety of the city of South Bend, Indiana, Section 2. LICENSE REQUIRED. No person shall maintain or conduct an open park- ing station within the limits of the City of South Bend, Indiana, without first having obtained a license therefor from the Board. Section 3. APPLICANTS. Applications for licenses for open parking stations shall be made by the person intending to operate open parking stations, upon forms drawn and furnished by the Board, and shall set forth the name under which, and the place where the open parking station is to be operated; whether the applicant is an individual, part- nership or corporation; if an individual, the name and business and residence address of the'-applicant; if a partnership, the name and business and residence address of each partner; if a corporation, the name, date and state under which such corporation was or- ganized, the amount and value of the capital stock issued by such corporation, and the name and business and residence address of the officers and managers in charge, and directors thereof, and shall furnish a certified copy of articles of incorporation, if requested by the Board; whether the premises are owned or leased by the applicant; and if leased, the name andresidence and business address of each owner, or part owner thereof; the number of motor vehicles which may, at any one time, be stored upon the premises; the hours during vhich the motor vehicle may be stored; a complete schedule of the rates to be charged for storing motor vehicles, and the hours at which changes in rate take place, and such other information as the Board may deem advisable. The application shall be signed and verified under oath by the applicant, if an individual, or by a duly authorized agent, if a partnership or corporation. Section 4. FEES AND BOND. (a) A fee of $6.00 shall be paid for each license issued for an open parking stern. (c)No license shall be issued by the Board and no open parking station, or stations, shall be operated until and unless the licensee hereunder has (deposited with the Board a bond or liability insurance policy, in the amount hereinafter scheduled with one or more adequate sureties, or a Surety Company acceptable to the Board, conditioned that the licensee will pay all final judgments recovered against said licensee for damages arising during the period such bond is in force from the operation of the motor vehicles in such open parking station, or stations, or from the loss, damage, theft or conversion of any motor vehicle. Any person, firm or corporation that sustains damage by reason of the violation of any provision of said bond, by any licensee, may institute suit upon the same and recover any judgment that may be obtained by reason of such suit. Such bond shall also contain (1) a provision that it shall continue in force until ten days after written notice of cancellation shall have been delivered to the Board, or until the license of the applicant has been revoked, and (2) the 91 obligation of said bond shall not exceed the principal amount of the bond. The bonds shall be of the following amounts: adhere the licensee conducts one station, the sum of $1,000.00; where the licensee conducts two stations, the sum of $1500.00; where the licensee conducts three stations, the sum of $2,000.00; where the licensee conducts four or more stations, the sum of $2500.00. Failure on the part of gny licensee to pay any final judgment within ten days after such judgment shall have become final, shall be deemed sufficient grounds for the suspension of the licensee by the Board or Mayor. Section 5, ISSUANCE OF LICENSE. If, after investigation, it shall be reasonablf satisfied that the applicRn has a good reputation, and that the state- ments so set forth in the application are correct, and if the proper fee shall have been paid, the Board shall issue to the applicant a license for an open parking station, which license shall continue in full force and effect until the first day of January following the issuance of the license, or until revoked by the Board or Mayor. The Board shall keep a record of altl applications and the licenses issued indexed alpha- betically and by location. If a new license is obtained by any applicant after July of any year the fee shall be one;0half of the regular annual fee. Section 6. SIGN REQUIRED. (a) Each licensee shall maintain at each entrance tc such open par inc— gin, a permanently affixed sign suitable to apprise persons using such open parking station, the name of the licensee, the hours of the day and /or night during which such places are open for storing motor vehicles; the rates charged and the closing hours of such station. When more than one rate is charged far parking, the figures of each rate shall be of the same size and dimen- sions, and such figures shall measure not less than eight inches in height, and the letters and figures indicating the closing hours shall not be less than four inches in height. The sign shall also give the number of the City license under which the lot is operated. Where the licensee operates a receiving station, in which cars are accepted with the understanding that such cars may be removed to another station, the licensee shall post on such sign, in letters not less than four inches in height, the follow- ing information: "Receiving Station - Cars Parked Here May Be Moved to No. Street" - (Giving the address to which such cars are moved). All such signs shall be subject to the approval of the Building Commissioner of the City of South Bend, Indiana. (b) Lots designated and used as receiving stations from which cars may be received, and removed to other lots, shall first be approved and designated as such by the Board, and no such lot shall be used as receiving stations without such approval and designations. (c), Where separate rates or charges are made for day parking and for night parking, notice thereof shall be posted on the signs described in a preceding paragraph. Section 7. CLAIM CHECKS TO BE FURNISHED. At the time of accepting motor vehicles for —SMO—ring, or par ing in any open parking station, the person conducting the same, his agent, servant or employee shall furnish to such person parking his motor vehicle, a distinctive check, which shall be numbered to correspond to a coupon placed upon such motor vehicle, which check shall contei n the name and address of the place, owner operating such open 'parking station, and upon which shall be written, printed, cut out or stamped, the date and last three numbers of the license number of the motor vehicle. The above provisions shall not apply where cars are stored on a monthly fee basis. - 2 It shall be unlawful to affix any parking tag on any motor vehicle so as to obliterate in whole, or in part, any portion of the motor vehicle license plate on such vehicle. Section 8. CHANGE OF RATE. No licensee shall make any charge for storing any -motor:--vehicle in an open parking station in excess of that set forth in his application for license, unless and until he has: 1. Notified the Board in writing of the change. 2. Posted signs showing such change in the same manner as set forth in Section 6. Section 9. NOTIFICATION OF CLAIM. Each licensee shall immediately notify the City Comoro ler of any claim over Five Dollars ($5.00) made by reason of any loss, theft, or conversion occurring upon his premises, or of any claim for damages arising from the operation of his open parking station. The obligation herein created of any person operating, or conducting an open parking station under the terms of this Ordinance, to the owner of a motor vehicle parked therein, shall not extend beyond the regular posted hours of attendance, as posted upon such open parking station, and printed upon the regular receipt furnished to such motor vehicle owner. Section 10. LIMITATION OF LIABILITY. No contract, agreement, lease, receipt, rule or regulation shall exempt any person operating an open parking station from damage or loss caused by the negligence of such person, or any employee of such person, or while in the employ of such person. Section 11. REVOCATION OF LICENSE. The Board or Mayor may revoke any license, if at any time: 1. Licensee or any of his employees has knowingly made any false or materially incorrect statement in the application. a. The licensee or any of his employees knowingly violates, or know- ingly permits or countenances the violation of any provision of this ordinance. 3. The licensee or any of his employees knowingly violates, or knowingly permits or countenances the violation of any provision of any penal law, or ordinance regulating theft, larceny or conversion of a motor vehicle, or the operation of amotor vehicle without the owners consent; whether such licensee or other person is convicted of such offense or not. 4. The license of the licensee, or any of its members, officers, managers or employees has been revoked within five years prior thereto. Section 13. LICENSES NOT TO BE ISSUED. No license shall be issued to any person whose license has within five years prior to the date of the application been revoked; or to any firm, partnership, association or corpo- ration, any of whose members, officers or managers have had his or their license, or licenses, revoked within five years prior to the date of the application. Section 14. FIRE HAZARD. Open parking stations shall be equipped with proper fire extinguishing apparatus subject to the approval of the South Bend Fire Department, and all motor vehicles shall be so stored that they may be reached readily in case of fire, or other emergencies. - 3 .. Section 15, CARE OF PARKING STATIONS AND SURROUNDINGS. (a) Each licensee shall keep the sidewalks surrounding the open parking station free from dirt, ice, sleet and snow, and shall keep the sidewalks in safe-condition for the travel of pedestrians. (b) Persons operating open parking stations shall keep the same free from dust by frequently sprinkling or by using calcium chloride, or other means, so that the same shall not become a nuisance, to adjacent property owners, or others. (o) No licensee shall sub -let, sub -lease or otherwise permit any parking lot, or any portion thereof, to be used by any vendor of goods, wares or merchan- dise or services for the conduct of such vendor's business unless the same is conducted in a permanent building or structure. Provided, however, that unenclosed gasoline pumps may be operated on the lot. Section 16. NOT TO REMOVE CARS. It shall be unlawful to make any use for any purpose whatsoever of any motor vehicles parked in any open parking station, unless such use shall be expressly authorized by the owner, or person having control of such vehicle; provided, however, the licensee shall have the right to move any motor vehicles from a so- called receiving station to another parking lot, provided adequate signs, as set forth in Section 6 -(a) of this Ordinance, are properly erected and maintained at each entrance of such receiving station, and provided further that the licensee shall be liable to the owner of any motor vehicle so moved for any damage to such motor vehicle caused by such moving. All oars moved to auxiliary lots must be returned to the original place of accept- ante at theioiose of business hours. Section 17. TEMPORARY LOTS EXCLUDED. Nothing contained in this Ordinance shall ire deemed T`o require the licensing of emporary lots operated for the aceomo- dation of motorists attending public functions such as football games, circuses, etc,, even though a fee may be charged the patrons of such temporary lots. No such temporary lot, however, shall be operated more than two (2) days in any week and at the entrance or entrances thereof shall be placed a sign on which is printed the words, in letters of sufficient size to be legible to all patrons "Temporary Parking Lot - not Licensed ". Section 18. PENALTY. Any person, partnership, firm, association or corpo- ration vio a ing any oiT the provisions of this Ordinance shall upon conviction thereof, be punished by a fine of not more than $300,00 or imprisonment in the County Jail, for a period of not more than thirty days, or by both such fine and imprisonment upon the discretion of the court, Section 19. This ordinance shall be in full force and effect from and after January s , 9410 Passed by the Common Council of the City of South Bend, Indiana, December 9kk, 1940. Presented to the Mayor of the City of South Bend, Indiana, December 11, 1940. Approved and signed by the Mayor of the City of South Bend, Indiana, December 11, 1940. ATTEST: J. M. MCCARTHY President of Common Council �J ATTEST: MARIE H. N ELSON City Clerk