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HomeMy WebLinkAboutOrdinance 804 - General Parking CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES ORDINANCE 804 GENERAL PARKING ORDINANCE................................................. 804-1 Section 804.01: INTENT ............................................................................................ 804-1 Section 804.02: DEFINITIONS .................................................................................. 804-1 Section 804.03: ANGLE AND PARALLEL PARKING ............................................. 804-1 Section 804.04: GENERAL PARKING REGULATIONS 804-1 Section 804.05: SPECIAL REGULATIONS IN CONGESTED DISTRICT ............... 804-2 Section 804.06: SNOW SEASON PARKING ............................................................ 804-3 Section 804.07: PARKING OF SEMI TRAILERS, TRAILERS, TRUCKS AND TRUCK TRACTORS ........................................................................................ 804-3 Section 804.08: PARKING, LOCATION AND USE OF TRAILER HOUSES AND MOBILE HOMES............................................................................... 804-4 Section 804.09: PUBLIC PARK PARKING ............................................................... 804-4 Section 804.10: IMPOUNDMENT ............................................................................. 804-5 Section 804.11: OWNER'S RESPONSIBILITY ......................................................... 804-6 Section 804.12: REGISTERED OWNER ................................................................... 804-6 Section 804.13: SEPARABILITY .............................................................................. 804-6 Section 804.14: PENALTY ........................................................................................ 804-6 804-0 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES ORDINANCE 804 GENERAL PARKING ORDINANCE Section 804.01: INTENT. The intent of this ordinance is to establish standards for parking in the City of St. Joseph in order to ensure that the community remains neat and attractive and that the value of real estate in the City be preserved. The regulations provided herein shall apply equally to all districts except where provided otherwise. Section 804.02: DEFINITIONS. Any term used in this Ordinance and defined in Minn. Stat. 169.11 has the meaning given to it by that Section. Otherwise, all words and phrases used in this Ordinance shall be defined in accordance with their common usage and meaning. Section 804.03: ANGLE AND PARALLEL PARKING. Angle parking shall be required on such streets as shall be designated by appropriate resolution of the City Council. On any such street, every vehicle parked shall park with the front of the vehicle facing the curb or edge of the traveled portion of the street at an angle of approximately 45 degrees and shall face the curb between the painted or other markings on the curb of the street indicating the parking space. All such streets shall be marked by appropriate signs indicating that angle parking is required. On all other streets, parallel parking shall be required according to state law heretofore adopted by reference. Section 804.04: GENERAL PARKING REGULATIONS. Subd. 1: Except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or a traffic control devise, no person shall stop, stand, or park any vehicle, or permit it to stand or remain, whether attended or unattended, in any of the following places: a) On any curb, crosswalk, or sidewalk; b) Along any curb marked with yellow pain; c) Within any intersection; d) Within ten (10) feet of a fire hydrant; e) Within twenty (20) feet of the entrance to a fire station; f) Within any restricted parking zone designated by the City Council g) Double parked; h) Blocking a public or driveway or alleyway; 804-1 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES i) Blocking a private driveway or alleyway without the express or clearly implied consent of the owner of the private driveway or private roadway j) In excess of a designated time limit or contrary to a posted parking prohibition; k) A street, boulevard, or alley facing in the opposite direction of the traffic flow; l) Within (20) feet of a crosswalk at an intersection; m) Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway; n) At any place where signs prohibit stopping; o) No vehicle shall stand, stop, or otherwise park on the travel portion of any roadway; p) No vehicle shall stand, stop, or otherwise park on any public street, avenue, or alleyway in one location more than 72 consecutive hours; q) No vehicle shall stand, stop, or otherwise be parked on any public street or roadway unless it is licensed; r) No vehicle shall be parked in an area that is not designated a street or alley. Specifically, no vehicle shall be parked on grass or other landscape material located off of a street or alley Subd. 2: No person shall park a vehicle on any street for the purpose of displaying it for sale. Subd. 3: No person shall, for purposes of camping or related activities, leave or park a trailer on any street or right-of-way. Subd. 4: Any vehicle so parked or left standing in violation of the provisions of this Ordinance may be removed by the City with the expense of such removal and any ensuing expenses to be paid by the vehicle’s owner. Section 804.05: SPECIAL REGULATIONS IN CONGESTED DISTRICT. Subd. 1: It is hereby established that the district known as a congested district within which the rules set forth in this section shall be enforced. The congested district shall include the following streets: All of Minnesota Street, all of Ash Street between Second Avenue West and Second Avenue East, all of College Avenue lying southerly of County Road 75, all of First Avenue East lying southerly of County Road 75, all of First Avenue West lying southerly of 804-2 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES County Road 75, all of Second Avenue West, all of Third Avenue West, and all of the alleys in the Original Townsite of the City of St. Joseph. Subd. 2: The City Council by resolution may establish "no truck parking" zones in the congested district and shall mark by appropriate signs any zones so established. No person shall park a commercial vehicle of more than one ton capacity on any street in any "no parking zone". Parking of such vehicles for a period of not more than 30 minutes may be permitted in such zone by the Chief of Police for the purpose of having access to abutting property when such access cannot be conveniently secured from an alley or from a side street where truck parking is not restricted. Subd. 3: The City Council by resolution may designate certain blocks within the city as 5 minute, 30 minute, 1 hour, 2 hour, 8 hour and permit only limited parking zones and shall mark by appropriate signs any zones so established. No person shall park any vehicle in any limited parking zone between the hours of 8:00 a.m. and 9:00 p.m. of any weekday for a period longer than specified on signs marking that zone, or without the appropriate permit for “permit only” zones. Subd. 4: Upon application and payment of any applicable permit fees, the City Clerk/Administrator may issue a permit to park in permit only limited parking zones. All information requested in an application form prepared by the Clerk/Administrator shall be provided. Failure to provide information shall be considered grounds for denial of the permit. No more than five permits shall be issued per parking space. Each permit shall be valid for a period of one year from the date of issuance and shall be nontransferable. The City Council may, by resolution, establish permit fees in accordance with Section 104.4. Section 804.06: SNOW SEASON PARKING. Subd. 1: There shall be no parking on any City street from November 1 to April 1, during the hours of 2:00 o'clock A.M. and 7:00 o'clock A.M. Subd. 2: Any vehicles parked in violation of Section 804.03 Subd 1, which interfere with the plowing or removal of snow, are subject to immediate towing at the owner's expense. Section 804.05 amended 4/08 Section 804.07: PARKING OF SEMI TRAILERS, TRAILERS, TRUCKS, TRUCK TRACTORS AND DUMPSTERS. Subd. 1: Declaration of Nuisance. The parking of semi trailers, trailers, trucks and truck tractors in an area of the City zoned R-1, R-2, R-3, or R-4 is found to create a nuisance and detrimental influence upon the public health, safety, prosperity, good order and general welfare of such district by obstructing the view of streets and of private properties, bringing unhealthful and annoying odors and materials into the residential neighborhoods, creating cluttered and otherwise unsightly areas, preventing the full use of residential streets, residential parking, introducing commercial advertising signs into areas where commercial advertising signs are 804-3 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES otherwise prohibited, and otherwise adversely affecting residential property values in the neighborhood patterns. It shall be unlawful for any person owning, driving or in charge of a semi trailer, to park the same in a zoned district R-1, R-2, R-3, or R-4 within 100 feet of any residence for more than 60 minutes. It shall also be unlawful for any person owning, driving, or in charge of a truck with a refrigeration unit running to park the same in a zoned district R-1, R- 2, R-3, or R-4 or within 200 feet of any residence for more than 60 minutes. It shall also be unlawful for any person owning, driving or in charge of a truck tractor to park the same in a zoned district R-1, R-2, R-3, or R-4 or within 200 feet of any residence for more than 60 minutes. Subd. 2 : Cattle Truck Parking. It shall be unlawful to leave standing upon any street or public alley in the City of St. Joseph, any cattle truck or vehicle regularly used for transporting livestock for a period exceeding one hour. Subd. 2: Construction trailers or equipment are allowed to temporarily park on any street, highway, or public property zoned residential during the construction or remodeling of a building with a valid building permit. Dumpsters are allowed on private property only, not to exceed 30 calendar days per year or while building or remodeling is in progress, and then with a valid building permit. Subd. 3: Restrictions Cumulative. The restrictions of this Ordinance relating to the parking of trucks are not to be construed as exclusive, but rather as in addition to the parking restrictions which apply to all motor vehicles generally, as provided by herein or by state law. Section 804.08: PARKING, LOCATION AND USE OF TRAILER HOUSES AND MOBILE HOMES. Subd. 1: Prohibitions. It shall be unlawful for any person to park, or to permit the parking of any trailer house or mobile home owned by him or under his control on any street, alley, or other public place or in any residential area, as above defined, within the City, except that the parking of only one unoccupied trailer house in an accessory private garage building or in the rear yard of any privately owned yard is hereby permitted provided no living quarters be maintained, or any business practiced at said trailer while such trailer is so parked or stored. Subd. 2: Licensing Required. The owners of all trailer houses or mobile homes shall be required to pay the current Minnesota State License fee or tax each year. Section 804.09: PUBLIC PARK PARKING. Subd. 1: Motor Vehicle Use. All vehicles, whether motorized or non-motorized, shall be restricted to their designated parking areas. In those parks where roadways extend into and through the parks, no vehicles shall drive at a speed in excess of five miles per hour. All persons must operate their vehicles in a safe and reasonable manner. No vehicles are to extend beyond the roadway or parking areas. For purposes of this section, three wheel and four wheel all terrain vehicles are to be considered motor vehicles. 804-4 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES Section 804.10: IMPOUNDMENT. Any vehicle left parked or standing in violation of this Ordinance or the laws of the State of Minnesota may be towed away pursuant to the provisions of Minn. Stat. 169.041, as amended. Any motor vehicle towed away and impounded under this Ordinance or State law may be claimed or recovered after payment to the towing authority of all towing and storage charges. The City, its agents and employees, shall not be responsible for any damage done during towing and impoundment under this Ordinance or State law. Subd. 1: Notice of Impoundment. Within forty eight (48) hours after a vehicle has been impounded, the Chief of Police shall send written notice to the owner of the impounded vehicle at his or her last known address as shown by the records of the Department of Public Safety. If the owner is unknown to the Chief of Police or an address cannot be found, the Chief of Police shall publish at least once in the City's official newspaper notice of the impounding, the license number of vehicle, the motor vehicle number of the impounded vehicle, and the name and type of vehicle impounded. Subd. 2: Sale of Vehicle. If after the expiration of sixty (60) days after mailing or publishing the notice set out in Subd. 1 the vehicle is not redeemed by the owner or the owner's agent, the City shall proceed to sell the impounded vehicle at public auction after first giving at least twenty (20) days notice of such sale by publication in the City's official newspaper of the time and place of the sale. The notice shall describe the vehicle to be sold, with reasonable certainty, by manufacturer's trade name or make, motor vehicle number, license number, and any other specifically identifying information, and the notice shall state to whom, if anyone, the records of the Department of Public Safety show the car belongs, and if the name of the owner is unknown, that fact shall be stated in the notice. If the name of the owner is known, the City shall send that person a copy of the published notice immediately after publication of the notice. The City shall credit any money it receives after the sale to the City's general fund. At any time within one (1) year after the sale, if the former owner of the vehicle which has been sold appears, upon application to the City Council and presentation of satisfactory proof that the person was the owner of the vehicle sold, that person shall be paid the proceeds of such sale, less the necessary expenses thereof, and less the towing, impounding storage charges and administrative fees as set forth in Subdivision 4. Subd. 3: Release of Towed Vehicle. Once all fines and impound fees are paid in full, the City Police Department may release the vehicle to the respective party and the towing company impound lot shall then notify the City Police Department of the date and to whom the vehicle was released. Subd. 4: Towing and Impound Fees. A towing charge in connection with the impounding of any vehicle shall not exceed the amount agreed upon in any current contract between the City of St. Joseph and the duly designated garage owner, a true and correct copy of which shall be on file in the office of the City Clerk/Administrator for public inspection and reference, and the scheduled charges of the current contract is hereby made a part of this chapter as fully and to the same effect as if set forth herein verbatim. In addition to the towing charges, an administrative fee, in an amount set by Resolution of the City Council, shall also be charged to the owner of any vehicle found to be in violation of this ordinance. The administrative fee shall be paid at the impound lot at the same time the towing fees are paid. 804-5 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES Section 804.11: OWNER'S RESPONSIBILITY. Where any motor vehicle is found parked contrary to any provisions of these ordinances, that act is hereby declared to be the act of the registered owner as well as the act of the person actually parking the vehicle. Section 804.12: REGISTERED OWNER. For purposes of this ordinance, the registered owner is defined to include motor vehicle rental or leasing agencies and corporate owners. It shall be a defense to any violation if the registered owner shows that on the date of the offense title to the vehicle has been transferred to another. Section 804.13: SEPARABILITY. Every section, provision or part of this Ordinance is declared separable from every other section, provision or part, and if any section, provision or part thereof shall be declared invalid, this shall not affect any other section, provision or part. Section 804.14: PENALTY. Any person who violates or fails to comply with the provisions of this Ordinance shall be guilty of a misdemeanor. Ordinance 804 amended 12/06 Ordinance 804 amended 04/19 804-6