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: GENERAL PARKING ...................................................................... 804-2
Section 804.04: SPECIAL REGULATIONS IN CONGESTED DISTRICT ............... 804-2
Section 804.05: SNOW SEASON PARKING ............................................................ 804-3
Section 804.06: OBSTRUCTION OF PRIVATE DRIVE ........................................... 804-3
Section 804.07: PARKING OF SEMI TRAILERS, TRAILERS, TRUCKS AND TRUCK
TRACTORS ........................................................................................ 804-4
Section 804.08: OFF STREET PARKING.................................................................. 804-4
Section 804.09: PARKING, LOCATION AND USE OF TRAILER HOUSES AND
MOBILE HOMES..............................................................................804-11
Section 804.10: PUBLIC PARK PARKING ..............................................................804-11
Section 804.11: IMPOUNDMENT ............................................................................804-11
Section 804.12: OWNER'S RESPONSIBILITY ........................................................804-12
Section 804.13: REGISTERED OWNER ..................................................................804-12
Section 804.14: SEPARABILITY .............................................................................804-12
Section 804.15: PENALTY .......................................................................................804-12
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ORDINANCE 804 GENERAL PARKING ORDINANCE
Section 804.01: 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 804.02: 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 districts 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.
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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. Parking 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 804.08, Subd. 5(d).
Section 804.03: 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 twenty-four (24) 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.
Section 804.04: 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
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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 104.4.
Section 804.05: 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 84.03 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 804.06: 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:
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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 804.07: PARKING OF SEMI TRAILERS, TRAILERS, TRUCKS AND
TRUCK TRACTORS.
Subd. 1: Declaration of Nuisance. The parking of semi trailers, trailers, trucks and truck
tractors, as defined in Section 804.02, 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 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. 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: OFF STREET PARKING.
Subd. 1: Intent. The intent of this section of the zoning ordinance is to establish general
standards for off-street parking 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 special provisions provide otherwise.
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Subd. 2: Scope of Parking and Loading Requirements .
a) In all zoning districts, off street parking facilities for the storage of motor vehicles
for the use of occupants, employees and patrons of the buildings or structures
hereafter erected, altered or extended after the effective date of this Ordinance
shall be provided and maintained as herein prescribed.
Subd. 3: General Parking Provisions.
a) Loading space shall not be construed as supplying off street parking space.
Minimum parking dimensions shall meet the requirements of Section 502.10,
Subd. 5K.
b) When units or measurements used in determining the number of required parking
spaces result in requirement of a fractional space, that fractional space shall be
rounded up to the next highest whole number.
c) Whenever a use requiring off street parking is increased in floor area, and such
use is located in a building existing on or before the effective date of this
Ordinance, additional parking space for the additional floor area shall be provided
and maintained in amounts hereafter specified for that use.
d) For the purpose of this section, "Floor Area," in the case of offices, merchandising
or service types of uses, shall mean the gross floor area used or intended to be
used for services to the public as customers, patrons, clients or patients as tenants,
including areas occupied for fixtures and equipment used for display or sale of
merchandise, less ten (10) percent.
e) Off street parking facilities for residential dwelling units shall be provided and
located on the same lot or parcel of land as the building they are intended to serve.
f) When off-street parking is required, it shall be designated for that purpose and the
individual parking stalls appropriately striped.
g) Where a use is not specifically mentioned, off street parking requirements shall be
the same as for similar use.
h) In the B-1 and B-2 zoning districts on land which contains existing buildings,
nothing in this section shall be construed to prevent collective provisions of off
street parking facilities for two (2) or more buildings or uses provided,
collectively, such facilities shall not be less than the sum of the requirements for
the various individual uses computed separately in accordance with the table, and
Subdivision 4 below, said buildings or uses are within 350 feet of the parking
area. This provision allowing off-site parking shall only apply to land on which
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there is existing buildings. No off-site parking shall be allowed for businesses
which are proposed for raw or unimproved land.
i) Nothing in this section shall prevent the extension of, or an addition to a building
or structure into an existing parking area which is required for the original
building or structure when the same amount of space taken by the extension or
addition is provided by an enlargement of the existing parking area.
j) No curb cut access shall be located less than twenty (20) feet from the intersection
of two (2) or more street right-of-ways for residential uses, and thirty (30) feet for
commercial and industrial areas. This distance shall be measured from the
intersection of lot lines.
k) Curb cut openings shall be a minimum of five (5) feet from the side property line.
l) All properties shall be entitled to at least one (1) curb cut. Single-family uses
shall be limited to one (1) curb cut access per property measuring no more than 24
feet in width (the 24-foot width shall include 18-foot width plus 3-foot taper
width on each side).
m) Driveways in residential areas which abut a hard surface roadway must be
constructed of a hard surface consisting of concrete, bituminous, pavement or
paver stone designed to drain and dispose of surface water. Recycled bituminous
or concrete shall be prohibited except as permitted in an industrial area by special
use permit.
Subd. 4: Required Off Street Parking. The amount of required off street parking space
for new uses or buildings, additions thereto and additions to existing buildings as specified
previously, shall be determined in accordance with the following table, and the space so required
and shall be irrevocably reserved for such use, except these requirements shall not apply to uses
in existing buildings within the Central Business District of St. Joseph. The amount of required
off street parking in the Central Business District for existing or new uses and improvements to
existing buildings which do not increase the area used for commercial or residential/rental use
shall be determined by the Planning Commission with approval by the City Council prior to the
issuance of a building permit. The amount of parking space required shall be based on the
anticipated demand for parking and loading space, the length of visits generated by the particular
business, and the availability of other parking spaces in the Central Business District. The
Central Business District shall be located within the following boundaries: Properties lying to the
West of First Avenue Northeast; lying East of Second Avenue Northwest; lying North of
Minnesota Street; and lying South of the east/west alley which is between Minnesota Street and
Ash Street. The lots within the Central Business District are: Lots 4, 5, and 11 through 15 of
Block 10; Lots 7 through 12 of Block 9, and Lots 7 through 12 of Block 4, all in the Original
Townsite of St. Joseph.
a) Single family, two family non-rental residential units. Two (2) spaces per unit.
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b) Boarding house, rooming house, bed and breakfast, multiple family dwellings and
rental residential dwellings. One and one-half (1 1/2) spaces for each single-
bedroom dwelling, two and one-half (2 1/2) spaces for each two-bedroom
dwelling, four (4) spaces for each three-bedroom dwelling, and an additional 1.25
spaces for each additional bedroom within the dwelling. Any bedroom larger
than 140 square feet shall be considered as two bedrooms for the purpose of
determining the total number of bedrooms within a dwelling. Fractional numbers
shall be rounded up to the next highest whole number.
c) Motels, motor hotels, hotels. One (1) space per each rental unit and one (l) space
for each employee on any shift.
d) Church, theater, auditorium. At least one (1) parking space for each four (4) seats
based on the design capacity of the main assembly hall.
e) Hospitals. Three (3) spaces per each bed.
f) Medical, chiropractic, dental or hospital out patient clinics. One (l) space for each
one hundred ten (110) square feet of net floor area or seven (7) spaces per doctor,
whichever number of parking spaces is greater.
g) Long Term Care Facilities, Assisted Living Centers, Rest Homes and Retirement
Homes. One (l) space for each two (2) beds for which accommodations are
offered and one (l) for each employee on any shift.
h) Elderly (senior citizen) housing. One (1) space per unit.
i) Drive in restaurant and convenience food. At least one (l) parking space for each
thirty five (35) square feet of gross floor area, but not less than fifteen (15) spaces.
j) Office buildings and professional offices, other than medical, chiropractic, dental
or hospital out patient clinics. One (1) space for each two hundred fifty (250)
square feet of floor area.
k) Bowling alley. At least five (5) parking spaces for each alley, plus additional
spaces as may be required herein for related uses contained within the principal
structure.
l) Automotive Service Station. At least four (4) off street parking spaces plus two
(2) off street parking spaces for each service stall. Those facilities designed for
sale of other items than strictly automotive products, parts and/or service shall be
required to provide additional parking in compliance with other applicable
sections of this Ordinance.
m) Retail store and service establishment. At least one (1) off street parking space
for each three hundred (300) square feet of floor area.
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n) Retail sales and service business with fifty (50) percent of gross floor area
devoted to storage, warehouses and/or industry. One (1) space for each three
hundred (300) square feet devoted to public sales and/or service plus one (1)
space for each one thousand (1,000) square feet of storage area or one (1) space
for each employee on the maximum shift which is appropriate.
o) Restaurants and cafes. At least one (1) space for each four (4) seats used by
patrons, plus one (1) space for each employee on the maximum shift.
p) Private clubs serving food and/or drinks, bars, taverns, nightclubs. At least one
(1) space for each fifty (50) square feet of gross floor area.
q) Funeral home and Mortuary establishments. At least twenty (20) parking spaces
for each chapel or parlor, plus one (1) parking space for each funeral vehicle
maintained on the premises.
r) Manufacturing, fabricating or processing of a product or material, warehouse,
storage, handling or bulk goods, post offices. At least eight (8) spaces, plus one
(1) space for each two (2) employees on each shift based on maximum planned
employment or at a minimum one (1) space for each five hundred (500) square
feet of floor area.
s) Car wash. (In addition to required stacking space.)
1. Automatic drive through, serviced. Ten (10) spaces per bay for stacking
purposes plus one (l) space for each employee on the maximum shift.
2. Self service. Three (3) spaces per bay for stacking purposes, plus a
minimum of two (2) additional spaces.
Subd. 5: Parking Lot Standards. In all districts where off-street parking lots are
permitted or required such off-street parking shall be constructed and maintained subject to the
following regulations:
a) These standards shall not be applicable to parking provided for single family or
two family residences, public parks or other publicly owned property. Parking lot
standards for industrial uses may be subject to variance or modification by the
conditional use permit for the specific industrial use. In considering a request for
variance or modification, the City shall consider the location of the property, size
of the parking area, use of the parking area, adjacent property uses and the impact
on the general well being of the community. Alternative surfaces which may be
permitted in an industrial area are limited to Class 2 crushed granite which
conforms to the requirements of MN/DOT specification 3138 with visual
evidence of further consolidation.
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b) Parking lots existing on or before January 1, l996, do not have to be brought into
compliance with these standards until such time as any of the following events
occur. (a) a new structure is constructed on the property served by the parking
lot; (b) an addition is constructed to any existing structure located on the property
served by the parking lot; (c) A change in use of the property served by the
parking lot occurs which results in a remodeling of the structure requiring the
issuance of a building permit.
c) Adequate ingress and egress shall be provided.
d) Such parking lots shall be constructed and maintained in a useable condition, with
a hard surface consisting of concrete, bituminous, pavement or paver stone
designed to drain and dispose of surface water. Recycled bituminous or concrete
shall be prohibited except as permitted in an industrial area by special use permit
or variance.
e) Whenever such parking lot boundary adjoins property zoned for residential use, a
setback of fifteen (15) feet from said lot line shall be required, and maintained.
f) Necessary curbs or other protection against damages to adjoining properties,
streets and sidewalks shall be provided and maintained. Concrete curbs to B-12
specifications shall be used for all automobile stops and for all drive and parking
areas.
g) Plans for the construction of any such parking lot must be approved by the
Planning Commission before construction is started. No such land shall be used
for parking until approved by the Planning Commission.
h) No sign shall be so located as to restrict the sight, orderly operation and traffic
movement within any parking area. Only signs necessary for the orderly
operation of traffic movement or parking regulation shall be permitted in any
parking area (e.g. visitor parking, deliveries, handicap parking). Such signs shall
not be considered part of the permitted advertising space and shall be subject to
signage regulations.
i) All parking lots shall be screened and landscaped from abutting residential uses or
districts by a wall, fence or densely-planted compact hedge or tree cover not less
than four (4) feet nor more than eight (8) feet in height.
j) Except in the case of single-family, two-family, and townhouse developments,
parking areas shall be designed so that circulation between parking aisles or
driveways occurs within the designated parking lot and does not depend upon a
public street or alley and such design does not require backing onto the public
street.
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k) Except in the cases of single-family, two-family and townhouse developments,
parking lot dimensions are set forth in the table below. Circulation patterns shall
allow adequate room for emergency vehicles.
Angle and Standard Depth Depth to Aisle Wall/wall Interlock
traffic flow stall width to wall interlock width module Module
90 deg 2-way 9' 17.5' 17.5' 26' 61' 61.0
60 deg 2-way 9' 18.0' 16.5' 26' 62' 59.0
75 deg 1-way 9' 18.5' 17.5' 22' 59' 57.0
60 deg 1-way 9' 18.0' 16.5' 18' 54' 51.0
Special designs will be considered for unique situations, and are subject
to approval of the City Engineer. Handicap stalls shall be provided in
accordance with current ADA requirements. Where bumpers overhang
sidewalks, allow 2.5 feet of clearance for the overhang before considering
useable sidewalk width.
l) Drainage and Surfacing. Driveways shall not exceed a grade of six (6) percent
and all parking lots except those for less than four (4) vehicles shall be graded
according to a drainage plan which has been approved by the City Engineer.
Catch basins, sumps and underground storm sewers may be required.
m) Striping. All lots for five (5) or more vehicles shall have the organization of
spaces painted on the surface according to the plan approved by the City.
n) Circulation. Lots shall be so designed that internal circulation shall be available
without utilizing the public street.
o) Maintenance. It shall be the responsibility of the lessee and/or owner of the
principal use, uses or building to maintain in a neat and adequate manner, the
parking area, striping, landscaping and screening.
p) Lighting. All lighting used to illuminate an off-street parking area shall be shaded
or diffused so as to reflect the light away from the adjoining property and away
from abutting traffic flow.
Subd. 6: Required Loading Berths. In connection with any structure which is to be
erected or substantially altered and which requires the receipt or distribution of materials or
merchandise by trucks or similar vehicles, with a gross floor area of five thousand (5,000) square
feet or more, there shall be off street loading provided on the basis of the following:
Gross Floor Area Minimum required
square feet loading berths
5,000 to 16,000 1
16,000 to 40,000 2
40,000 to 70,000 3
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70,000 to 100,000 4
each additional 40,000 1 additional
Loading space required under this Section shall be at least fifty (50) feet long and ten (10)
feet wide.
Section 804.09: 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 804.10: 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 804.11: 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
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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 804.12: 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 804.13: 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 804.14: 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 804.15: 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
804-12