HomeMy WebLinkAbout[08b] Ordinance 84 AmendmentCITY pF tiT. �ptSh l'ti
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
February 17, 2011
Ordinance Amendment
Ordinance 84 — General Parking
Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
Council Agenda Item 8 b
PREVIOUS COUNCIL ACTION: The City Council approved the amendment to Ordinance 84 on October
21, 2010; however, the summary publication was inadvertently missed. In order to publish the
amendment, the Council must approve the Resolution Authorizing Summary Publication.
BACKGROUND INFORMATION: The Planning Commission held a public hearing on August 2, 2010. They
recommended amending the Ordinance to include language relating to parking in residential areas,
continuous parking provisions. They also recommended removing the duplicate language relating to the
parking requirements that are also found in Ordinance 52.
ATTACHMENTS: Request for Council Action
8(b):1
Extract of Council Minutes — October 21, 2010
8(b):2
Ordinance 84 — Amended October 21, 2010
8(b):3 -16
Summary Publication
8(b):17
Resolution 2011 -004
8(b):18
REQUESTED COUNCIL ACTION: Approve the summary publication and authorize the Mayor and
Administrator to execute Resolution 2011 -004, Resolution Authorizing
Summary Publication.
8(b):1
Extract of City Council Minutes
October 21, 2010
Ordinance Amendment, Ordinance 84 Winter Parking: Weyrens advised the Council that this Ordinance
has previously been amended to change the length of time vehicles can be parked on the Street from 24
hours to 72 hours. That change is currently being enforced. Wick suggested that the definition of a
parking pad be consistent with the zoning Ordinance. Weyrens added that the amendment to this
Ordinance also included a definition for commercial vehicles. Section 84.08 was removed for duplicity
purposes.
This Ordinance was being reviewed to consider changes to the Winter Parking Restrictions. Rassier
stated that he believes that this is a good Ordinance because it works and he feels that it is easy to
understand. Loso added that he has been watching the weather patterns and we simply do not get as
much snow as in previous years. He stated that he is an advocate of taking away the winter parking
restrictions. He suggested that the City adopt a snow emergency policy for snow removal. Thene
responded that staff talked to various cities. The City of St. Cloud offers different restrictions, but he was
told that if the City currently has a "no parking" Ordinance, it should be left as is. Rassier questioned how
residents would be notified of a snow emergency. Loso suggested the use of radio, and newspaper.
Symanietz suggested delaying the enforcement until December to which Loso agreed and asked staff to
compromise by not enforcing the Ordinance during November and December due to the holidays. Jansky
stated that they do not enforce the Ordinance over the holidays unless there is snow. He added that if a
resident calls the Police Department and advises them that they will be parking on the street, they are not
ticketed. Jansky stated that, currently, the City is marked from one end to the other and if the Ordinance
is changed, the signs would need to be changed and that could get expensive and be very confusing for
people. Jansky concluded that this Ordinance is clean and serves its purpose.
Rassier advised the Council that they have two options:
1. Accept the Ordinance as it was presented.
2. Accept the proposed changes and look at a new snow emergency policy for winter parking to
define what a snow emergency is, who determines when there is a snow emergency and how
the information is distributed to the residents.
Symanietz made a motion to approve the minor changes to Ordinance 84, keeping Section 84.05
as is. The motion was seconded by Wick.
Loso made a motion to amend the motion to allow parking in November and December.
The motion failed for a second.
Ayes: Rassier, Wick, Symanietz, Frank
Nays: Loso Motion Carried 4:1:0
8(b) :2
CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES
ORDINANCE 84 GENERAL PARKING ORDINANCE .......................... ...........................84 -1
Section84.01: INTENT ......................................................................... ...........................84
-1
Section 84.02: DEFINITIONS ........................................................... ...............................
84 -1
Section 84.03: GENERAL PARKING .............................................. ...............................
84 -2
Section 84.04: SPECIAL REGULATIONS IN CONGESTED DISTRICT .....
84 -354 384-2
Section 84.05: SNOW SEASON PARKING .................................... ...............................
84 -3
Section 84.06: OBSTRUCTION OF PRIVATE DRIVE ... ...............................
84- 4$4484 -:
Section 84.07: PARKING OF SEMI TRAILERS, TRAILERS, TRUCKS AND TRUCK
TRACTORS............................................................... ...............................
84 -4
See4ien - 8.4.08.OFF STME; PARKING .. . . .... ....................84 -554 -4
Section 84.0908: PARKING, LOCATION AND USE OF TRAILER HOUSES
AND
MOBILE HOMES .................................. ...............................
84 -584 - 118444
Section 84.4.009: PUBLIC PARK PARKING ................ ...............................
4- 584 - 1184 -11
Section 84.4 -1.10: IMPOUNDMENT .............................. ...............................
84- 584 - 1184 -1-1
Section 84.11: OWNER'S RESPONSIBILITY .......... ...............................
4- 684 - 1254 -1�
Section 84.4312: REGISTERED OWNER .................... ...............................
4- 684 - 13841-2
Section 84.4413: SEPARABILITY ................................ ...............................
84 -684- 1384 -12
Section 84.4514: PENALTY
84- 684 1354
.......................................... ...............................
- -12
84 -0
8(b):3
CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES
ORDINANCE 84 GENERAL PARKING ORDINANCE
Section 84.01: INTENT. The intent of this section of the zoning 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 84.02: DEFINITIONS. As used in this ordinance the following terms shall
mean:
Subd. 1: Semi Trailer. Every vehicle without mode of power designed for carrying
persons or property and for being drawn by vehicle and so constructed that some part of its
weight and some part of its load rests upon or is carried by another vehicle.
Subd. 2: Trailer. Every vehicle without mode of power designed for carrying persons or
property and for being drawn by a motor vehicle and so constructed that no part of its weight
rests upon another towing vehicle.
Subd. 3: Truck. Every motor vehicle designed, used or maintained primarily for the
transportation of persons and/or property, and which has a gross vehicle weight of 12,000 lbs. or
more.
Subd. 4: Truck Tractor. Every motor vehicle designed and used primarily for drawing
other vehicles and not so constructed as to carry a load other than a part of the weight of the
vehicle and load so drawn.
Subd. 5: Street or Highway. The entire width between the boundary lines of any way or
place when any part thereof is open to the use of the public as a matter of right or purpose of
vehicular traffic.
Subd. 6: Residents District. All,that territory defined as either single family or
residential or multiple residential district in the zoning ordinance for the City of St. Joseph.
Subd. 7: Trailer Home and/or Mobile Home. Shall mean and include any structure used
for sleeping, living, business or storage purposes, which is or has been equipped with wheels for
the transportation thereof from place to place, and the fact that the wheels have been removed
therefrom or a foundation of whatever nature, placed thereunder shall not exclude it therefrom,
excepting a device used exclusively upon a railroad track operated by a railroad company.
Subd. 8: Person. Shall include the singular and the plural, and shall mean and include
any individual, corporation, partnership, or other association of persons.
84 -1 8(b):4
CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES
Subd. 9: Residential Area. Shall mean any area not zoned "industrial" and any area not
specifically designated as a "trailer park" or "mobile home park ".
Subd. 10: Owner. A person owning a legal interest in a "trailer home" or "mobile
home," or a tenant, bailee, user or custodian thereof, or any person entitled to possession thereof.
Subd. 11: Trailer Park and/or Mobile Home Park. Shall mean a designated area
specially designed and constructed as a mobile home or a mobile trailer facility, licensed by the
State of Minnesota, and approved by the City of St. Joseph.
Subd. 12. _P_arking Space. A land area of not less than 180 square feet, exclusive of
driveways and aisles, of such shape and dimensions and so prepared as to be usable for the
parking of a motor vehicle, and so located as to be readily accessible to a public street or alley.
Surfaces of a "parking space" shall be constructed as set forth in Ordinance 84.08, Subd. 5(d).
Subd. 13. Parking Pads Improved areas on private property designed to accommodate
parking of passenger vehicles sport utility vehicles recreational vehicles utility/boat trailers
and similar items.
Section 84.03: GENERAL PARKING.
Subd. 1: 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.
Subd 2: No vehicle shall in any case be parked upon the street, boulevard, or alley in any
one place for a longer continuous period of seventy two (72�hours.
Vehicles must be moved at least one (1) block. Any vehicle which is moved less than one (1)
block shall be deemed to have remained stationary in violation of this subdivision. It is unlawful
to remove any mark made by a Police Officer for determining the length of time a vehicle, trailer
or other object remained parked.
Subd. 3: No vehicle shall in any case be parked upon a street, boulevard, or alley facing
in the opposite direction of the traffic flow. All vehicles must be parked on the side of the street
that traffic flows.
Subd. 4. No vehicle shall park 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.
84 -2
8(b):5
CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES
Subd. 5. Parking outside of driveway locations is only allowed on areas paved with a
continuous impervious surface or an approved pervious surface contained by delineated edging
and of sufficient depth and compaction to reasonably prohibit the growth of vegetation within or
through said pervious surface on a continuous basis. Said parkin is s subject to standards
contained in Section 52.10 of the St. Joseph Code of Ordinances.
Section 84.04: 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
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 14.4.
Section 84.05: SNOW SEASON PARKING.
Subd. 1: There shall be no parking on any City street from November 15 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 84.03.1, which interfere with the
plowing or removal of snow, are subject to immediate towing at the owner's expense.
84 -3 8(b):6
CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES
Section 84.06: OBSTRUCTION OF PRIVATE DRIVE.
Subd. 1: No vehicle shall be parked in a manner obstructing a private driveway or
private roadway, or on a private driveway or private roadway, without the express or clearly
implied consent of the owner of the private driveway or private roadway.
Subd. 2: For purposes of this Ordinance, a vehicle is "obstructing" a driveway or
roadway if the location of the parked vehicle:
a) Blocks the driveway or roadway from use by other vehicles.
b) Significantly hinders or slows other vehicles attempting to pass the parked
vehicle.
c) Forces other vehicles to leave the main traveled portion of the driveway or
roadway to pass the parked vehicle.
Subd. 3: Vehicles parked in violation of this section are subject to immediate towing at
the owner's expense.
Section 84.07: PARKING OF SEMI TRAILERS, TRAILERS. TRUCKS AND TRUCK
TRACTORS.
Subd. 11 Declaration of Nuisance. The parking of commercial vehicles and/or
equipment, semi trailers, trailers, trucks and truck tractors, as defined in Section 84.02, 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 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 R4 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.
a) The provision of Subdivision 1 of this section will not apply to light trucks
classified as' /z ton and % ton pickups�panels and sedans
Subd. 2: Cattle Truck Paring. 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.
84 -4
8(b):7
CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES
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.
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CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES
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CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES
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CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES
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Section 84.8908: 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 84.4909: 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.
Section 84.4410: 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.
84 -11 8(b) :14
CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES
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.
Section 84.11: 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.
84 -12
8(b):15
CHAPTER VIII & IX — TRAFFIC & MOTOR VEHICLES
Section 84.4 -312: 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 84.4-413: 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 84.4 -514: PENALTY. Any person who violates or fails to comply with the
provisions of this Ordinance shall be guilty of a misdemeanor.
Ordinance 84 amended 12/06
Ordinance 84 amended 10/21/10
This amendment was adopted on the 21' day of October, 2010 and shall be effective upon
publication.
This amendment was published on
CITY OF ST. JOSEPH
By
Alan Rassier, Mayor
By
Judy Weyrens, Administrator
84 -13 8(b):16
ORDINANCE 84
GENERAL PARKING ORDINANCE
SUMMARY PUBLICATION
The Council of the City of St. Joseph hereby ordains:
That Ordinance 84 entitled "General Parking Ordinance" has been amended:
The purpose of the amendment is to add parking pad provisions, change the continuous
parking provisions and remove duplicity of the parking requirements found in Ordinance 52.
This Ordinance was adopted on the 21st day of October. 2010 and shall be effective
upon publication.
This amendment was published on _
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By
Judy Weyrens, Administrator
8(b):17
RESOLUTION 2011 -004
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 84
(General Parking Ordinance)
RECITALS:
WHEREAS, on October 21, 2010, the City Council for the City of St. Joseph amended Ordinance
84, entitled "General Parking Ordinance ".
WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication.
THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the
Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this day of , 2011, by a vote of _ in favor and opposed.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By -
Judy Weyrens, Administrator
8(b):18