HomeMy Public PortalAbout098-1978 - Regulating Operation and Parking during Snow Emergency RoutesORDINANCE NO. 98-1978
AN ORDINANCE REGULATING THE OPERATION and PARKING of MOTOR VEHICLES during
SNOW EMERGENCY and ESTABLISHING SNOW EMERGENCY ROUTES.
BE IT ORDAINED BY THE C04KON COUNCIL OF THE CITY OF RICHMOND, INDIANA, THAT:
SECTION 1. Short Title, This Ordinance shall be known and may be cited as
the "Snow Emergency Or inance of the City of Richmond, Indiana."
SECTION 2. Definitions. The following definitions shall apply in the inter-
pretation anen37orcement of this ordinance:
a) "Street" or "highway" means the entire width between the boundary
lines of every way publicly maintained when any part thereof is open to the
use of the public for purposes of vehicular travel.
b) "Roadway" means that portion of a street or highway improved,
designed, or ordinarily used for vehicular travel, exclusive of the berm or
shoulder.
c) "Snow Emergency Routes" are those streets marked as such in
accordance with the provisions of this ordinance.
d) "Secondary streets" are any streets which are not marked "Snow
Emergency Routes."
e) "Snow Emergency" is a condition declared to be such by the Mayor
or his authorized representative.
SECTION 3. Parking on Snow Emergency Routes.
a) Whenever the Mayor finds, on the basis of falling snow, sleet, or
freezing rain, or on the basis of a forecast by the U.S. Weather Bureau, or
other weather service, of snow, sleet, or freezing rain, that weather conditions
will make it necessary that motor vehicle traffic be expedited and that parking
on city streets be prohibited or restricted for snow plowing and other purposes,
the Mayor shall put into effect a parking prohibition on parts of or all Snow
Emergency Routes as necessary by declaring it in a manner prescribed by this
ordinance.
b) Once in effect, a prohibition under this section shall remain
in effect until terminated by announcement of the Mayor in accordance with
this ordinance, except that any street area which has become substantially
clear of snow and ice from curb to curb for the length of the entire block
shall be automatically excluded therefrom. While the prohibition is in effect,
no person shall park or allow to remain parked any vehicle on any portion of a
Snow Emergency Route to which it applies. However, nothing in this section
shall be construed to permit parking at any time or place where it is forbidden
by any other provision of law.
SECTION 4. Parking on Secondary Streets.
a) Whenever the Mayor finds, on the basis of falling snow, sleet,
freezing rain, or on the basis of a forecast by the U.S. Weather Bureau, or
other weather service, of snow, sleet, or freezing rain, that weather conditions
will make it necessary that motor vehicle traffic be expedited and that parking
on city streets be prohibited or restricted for snow plowing and other purposes,
the Mayor shall put into effect a parking prohibition on parts of or all
secondary streets as necessary by declaring it in a manner prescribed by this
ordinance. The prohibition shall remain in effect until terminated by announce-
ment of the Mayor in accordance with this ordinance, except that any street
area which has become substantially clear of snow and ice from curb to median
line for the length of the entire block shall be automatically excluded therefrom.
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b) While the prohibition is in effect, no person shall park or allow
to remain parked any vehicle on any street to which it applies; except as
permitted by the Mayor.
c) However, nothing in this section shall be construed to permit parking
at any time or place where it is forbidden by any other provision of law.
SECTION S. Stalled Vehicle on Snow Emergency Route.
Whenever a vehicle becomes stalled for any reason, whether or not in
violation of this ordinance, on any part of a Snow Emergency Route on which
there is a covering of snow, sleet, or ice or on which there is a parking
prohibition in effect, the person operating such vehicle shall take immediate
action to have the vehicle towed or pushed off the roadway of such Snow
Emergency Route, either into the first cross street which is not a Snow
Emergency Route, or onto the public space portion of a nearby driveway. No
person shall abandon or leave his vehicle in the roadway of a Snow Emergency
Route (regardless of whether he indicates, by raising the hood or otherwise,
that the vehicle is stalled), except for the purpose of securing assistance
during the actual time necessary to go to a nearby telephone or to a nearby
garage, gasoline station, or other place of assistance and return without delay.
SECTION 6. Declarations of the Mayor.
a) The Mayor shall cause each declaration made by him pursuant to
this ordinance to be publicly announced by means of broadcasts with a normal
operating range covering the city, and he may cause such declaration to be
further announced in newspapers of general circulation when feasible. Each
announcement shall describe the action taken by the Mayor, including the time
it became or will become effective, and shall specify the streets or areas
affected. A parking prohibition declared by the Mayor shall go into effect
when designated.
b) The Mayor shall make or cause to be made a record of each time
and date when any declaration is announced to the public in accordance with
this section.
SECTION 7. Termination of Parking Prohibition by the Mayor.
Whenever the Mayor shall find that some or all of the conditions
which give rise to a parking prohibition in effect pursuant to this ordinance
no longer exist, he may declare the prohibition terminated, in whole or in part,
in a manner prescribed by this ordinance, effective immediately upon announce-
ment.
SECTION 8. Provisions Temporarily Effective To Take Precedence.
Any provision of this ordinance which becomes effective by declaration
of the Mayor or upon occurrence of certain weather conditions shall, while
temporarily in effect, take precedence over other conflicting provisions of
law normally in effect, except that it shall not take precedence over provisions
of law relating to traffic accidents, emergency travel of authorized emergency
vehicles, or emergency traffic directions by a police officer.
SECTION 9. Signs to Mark Snow Emergency Routes.
On each street designated by this ordinance as a Snow Emergency Route,
the Mayor shall cause to be posted appropriate special signs. These signs shall
be distinctive and uniform in appearance and shall be plainly readable to persons
traveling on the street or highway.
SECTION 10. Removal, Impounding, and Return of Vehicles.
a) Members of the police department are hereby authorized to remove or
have removed a vehicle from a street to the nearest garage or other place of
safety (including another place on a street), or to a garage designated or
maintained by the police department, or otherwise maintained by this city,
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when:
1) The vehicle is parked on a part of a Snow Emergency Route
on which a parking prohibition is in effect.
2) The vehicle is stalled on a part of a Snow Emergency Route
on which there is a covering of snow, sleet, or ice or on
which there is a parking prohibition in effect and the
person who was operating such vehicle does not appear to
be removing it in accordance with the provisions of this
ordinance.
3) The vehicle is parked in violation of any parking ordinance
or provision of law and is interfering or about to interfere
with snow removal operations.
b) Whenever an officer removes or has removed a vehicle from a street
as authorized in this section and the officer knows or is able to ascertain
from the registration records in the vehicle the name and address of the owner
thereof, such officer shall immediately give or cause to be given notice in
writing to such owner of the fact of such removal and the reasons therefor
and of the place to which such vehicle has been removed. In the event any
such vehicle is stored in a public garage, a copy of such notice shall be
given to the proprietor of such garage.
c) Whenever an officer removes or has removed a vehicle from a street
under this section and does not know and is not able to ascertain the name of
the owner, or for any other reason is unable to give the notice to the owner
as hereinbefore provided, and in the event the vehicle is not returned to the
owner within a period of three (3) days, then and in that event the officer
shall immediately send or cause to be sent a written report of such removal by
mail to the Bureau of Motor Vehicles whose duty it is to register motor vehicles,
and shall file a copy of such notice with the proprietor of any public garage in
which the vehicle may be stored. Such notice shall include a complete description
of the vehicle, the date, time and place from which removed, the reasons for such
removal, and name of the garage or place where the vehicle is stored.
d) No person shall recover any vehicle removed in accordance with this
section except as provided herein. Before the owner or person in charge of such
vehicle shall be allowed to recover it from the place where it has been placed
or impounded, he shall present to a member of the police department evidence
of his identity and right to possession of the vehicle, shall sign a receipt for
its return, shall pay the cost of removal, not to exceed ($15.00) Fifteen Dollars
and shall pay any cost of storage accrued, not to exceed ($2.00) Two Dollars for
the first day or portion thereof, and ($2.00) Two Dollars for each additional
day or portion thereof thereafter. Until paid, these charges constitute a lien
on the vehicle which may be enforced in the same manner as provided in Ordinance
Number 18-1978.
e) It shall be the duty of the police department to keep a record of
each vehicle removed in accordance with this section. The record shall include
a description of the vehicle, its license number, the date and time of its
removal, where it was removed from, its location, the name and address of its
owner and last operator, if known, its final disposition, and the parking
violation involved.
f) This section shall be supplemental to any other provisions of law
granting members of the police department authority to remove vehicles.
SECTION 11. Citation on Vehicle Parked or Left in Violation of Ordinance.
Whenever any motor vehicle without a driver is found parked or left in
violation of any provision of this ordinance, and is not removed and impounded
as provided for in this ordinance, the officer finding such vehicle shall take
its registration number and any other information displayed on the vehicle which
may identify its user, and shall conspicuously affix a traffic summons.
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SECTION 12. Failure to Comply with Traffic Citation Attached to Vehicle.
If a violator of this ordinance does not appear in response to the
traffic summons affixed to such motor vehicle in accordance with this ordinance
within a period of (15) Fifteen days the clerk of the traffic court or other
appropriate person shall send the owner of the motor vehicle to which the traffic
summons was affixed a letter informing him of the violation and warning him that
in the event such letter is disregarded for a period of (15) Fifteen days a
warrant of arrest will be issued.
SECTION 13. Evidence with Respect to Vehicles Parked or Left in Violation
of Ordinance.
In any prosecution with regard to a vehicle parked or left in a place or
in a condition in violation of any provision of this ordinance, proof that the
particular vehicle described in the complaint was parked or left in violation
of a provision of this ordinance, together with proof that the defendant named
in the complaint was at the time the registered owner of such vehicle, shall
constitute prima facie evidence that the defendant was the person who parked
or left the vehicle in violation of this ordinance.
SECTION 14. Snow Emergency Routes Designated.
The following streets or portions of streets within the city are hereby
designated as Snow Emergency Routes:
East Main Street, loth to City Limits
West Main Street, 1st to Salisbury Road
South "E" Street, Sth to Henley Road
North "E" Street, 8th to 22nd
Southwest Sth Street, West Main to National Road
South "L" Street, Sth to 23rd
Northwest Sth Street, West Alain to Williamsburg Pike
Williamsburg Pike, Northwest Sth to City Limits
Fort Wayne Avenue
Richmond Avenue, North 5th to Northwest 9th
North "D" Street, Fort Wayne Avenue to North Sth
North Sth Street, Main Street to Richmond Avenue
South Sth Street, Main Street to South "L" Street
South 13th Street, Main Street to South "L" Street
Peacock Road, Northwest Sth Street to Northwest filth Street
Business area known as the "Core Area"
North "A' Street - South "A' Street
North and South 3rd Street to North and South 12th Street
Including all alleys and service drives
North ZOth Street, North "E" Street to Hawkins Road
North "J" Street, Hawkins Road to North loth Street
Sheridan Street, Richmond Avenue to Williamsburg Pike
SECTION 15. Penalties.
Every person convicted of a violation of any provision of this ordinance
shall be punished by a fine of not more than ($100.00) One Hundred Dollars or
less than ($10.00) Ten Dollars.
SECTION 16. Separability.
If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the
remaining portions hereof.
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PASSED and ADOPTED by the Common Council of the City of Richmond, Wayne
County, Indiana, this day of 1978.
e 1 ent o on ounce
ATTEST:
City Clerk
PRESENTED by me to the Mayor of the City of Richmond, Indiana, thisr'
day of 1978.
1 �
City Cl
APPROVED by me, Clifford J. Dickman, Mayor of the City of Richmond, Indiana,
this -54 tat- day of 1978.
Mayor 7
ATTEST:
City Clerk
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Farm Prescribed by State Hoard of Acaounta
General Form No. " P (Rev. Ii
u�;�..;lark-: tT #...•xchnoud..................
(Governmental Unit)
................... AY.. ........ County, Indiana
To., Palladium Publishingor Cporation Dr.
1175 North A Street
...... $I•GhrPPAO.- TrAkA. A 17374...... .
PUBLISHER'S CLAIM
LINE COUNT
Display Matter (Must not exceed two actual lines, neither of which shall total
more than four solid lines of the type in which the body of the advertisement
is set) number of equivalent lines ...... I .......
Head —number of lines . , .....4 , . • • ,
Body —number of lines ....j,),y;_ , . • • • • •
Tail —number of lines ?• • • , .
Total number of lines in notice ....41 7........
COMPUTATION OF CHARGES
...... h57... .fines, ....o ......columns wide equals ......L57..... equivalent
lines at ... �2Ba... .cents Her line
Additional charge for notices containing rule or tabular work
(50 cer cent of above amount)
Charge for extra proofs of publication
(50 cents for each proof in excess of two)
TOTAL AMOUNT OF CLAIM
DATA FOR COMPUTING COST
Width of single column ..1.1... ems Size of type point
Number of insertions ...2....
Pursuant to the provisions and penalties of Ch. 155, Acts 1953,
Size of quad upon which type is cast ...
s.13?..62......
................
. i 3-...62
I hereby certify that the foregoing account is just and correct, that the amount claimed is legally due, after allowing all
just credits, and that no part of the same has been paid.
Date:...........
Passed bV the Common Council of me
City of Richmond, Indian.:
ORDINANCE NO. 98-1978
AN ORDINANCE REGULATING
THE OPERATION AND PARKING
OF MOTOR VEHICLES DURING
SNOW EMERGENCY AND ESTAB-
LISHING SNOW EMERGENCY
ROUTES.
BE IT ORDAINED BY THE COM-
MON COUNCIL OF THE 'CITY OF
RICHMOND, INDIANA, THAT:
SECTION 1. Short Title. This Ordi-
nance shell Pe known Pntl rilay be ¢Ned
are Snow Emergency Ordinance of
the iitv of Ricnmontl, Indiana."
SECTION 2. Definitions. The fellow -
no definitions Shall obely in the Inter-
oretatian and enforcement of this Prof -
nonce:
a) "Street" o "highway"
means the entire width Petwben
the boundary lines of overy WRY.
publicly maintained when any Dort
thereat is open to the use of the
Public for Purposes of vehkrular
travel.
b) "Roadway" means that por-
tion of a street of highway,, I -
proved, designed, ar ordinarlf,
used for vehlrWar travel, exclu-
sive at the berm or shoulder.
d "Snew Emerolrcy Routes"
are those streets marked as such
in orckiZe with the provisions
of this thisodimaii
in ';1—pdgry streets" are any
sir Bets W0ICh pre not marked
"Snow Emggdblcv Routes."
e) "Snovl Emergencv" Is a con-
dition declofed to De such by the
Mavor or his °WMrized reoresen-
].tive.
SECTION 3. Poking on Snow Emer-
gency Routes.
a) Whenever the Mavor final, on
the basis of falling snow, sleet, or
freezing rain, or on the basis of a
forecast by the U.S. Weather Bu-
eau. or other weather service. of
,no sleet, or freezing rain that
weather conditions will make it
necessory that motor vehicle trot
i tic be expedited and that Parking
on cifystreefs be prohibited or re-
stricted for snow plowing antl all
Purposes, the Mover shall put
into effect a Parking prohibition on
Ports of or all Snow Emergency
Recites as ary by declaring
it in is nn .. prescribed by this
ordinance. '
b) Once in effect, a prohibition
under this section shall remain in
effect until terminated by on-
nouncemeal of the Mavor in uc-
cordonce with this ardin°nce, ex
-
cent that any street area which has
become subslanti al Iv clear of
Dec ember .5i - 19..7& ... Title .... ;;.aahter ..
the place to which such vehicle has
been removed. In the event any
such vehicle is 'tared Ina public
garage, a copy of such ratite Shall
be 9van to the proprietor of such BLISHER'S AFFIDAVIT
garage.
cl Wherever an officer removes
or has removed °vehicle from a
street under this section and does r Indiana )
not know and is not able to aster- SS
Loin the name of the owner, or far a.}R1e........ county)
any °+her reason i5 unable to give
the notice to the ° s here-
Inbefore Provided, owner
In the event
me vehicle Is not returned to ire sonally appeared before me, a notary public in and for said county and state,
owner within u period of three (3)
dogs, then unit m the event the atfi- Bruce E. Cour
cer Shot immediately send ar lersigned...................................... y.............................who,
se to be Sent a written report of
Such removal by mail to the Bu-
r
eau
if is 1 MotorVehiclesmotor hose duly
it is fa reheat motor chnotice my sworn, says that ...he is..C1a5S.�f1v.d.ACj.\'�r.t15.1A$.IVIdIIAgeX..
and shall file r col of such notice
with the which or of any Public
garage in which the vehicle may The Palladium. -Item. ... a ......Daily
be stored. Such reface Shall in """"-"' """""'
...... .. .....
clude a complete description of
the vehicle, the date, time and
place from which remavetl, the per of general circulation printed and published in the English language in the
reasons for such removal, and
name of the garage or Piece
where
the vehicle is stored. Mrwr) Richmond,, Indiana
d) No person shall recover any of ................ ............... in state and county
vehicle removed in accordance
with this section except as Provid-
ed herein. Before the owner or id, and that the printed matter attached hereto is a true copy, which was duly
Person in charge of such vehicle
shall be Wi—al to recover it from
the Place where a has been placed ,d in said paper for.. t •p .time. s, the dates of publication being as follows:
or impounded, ed, he shall e depi t-
a member of the police depand
inert evidence of his Identityvehicle,
and
right to noa recion of the vehicle, 1 ^. � .. ... ................
shall sign arecei.t far its return, IY'�ry"-*-•�GPi�'1:!"�-' V' •' •""""""'
shall Day the cost at removal, not
to exceed ($15.00) Fifteen Dollars
pad shall pay.nv cost of storage --•- -- - •••'••••••• "•"""" r
accrued, not to exceed (52.00) Twa
Dollars for each additional day or
portion thereof thereafter. Until bed and sworn to before me this ...... C'th.... day of ... >..,.II -
r.. 19.28
.alit, these charges consltute
lien on the vehicle which may be
enforced In the Some manner as /
Provided In Ordinance Number 18- •� • "' f ti " '
197E. �.. Notary Public
e) It shall be the duty of the po-
lice deoartment to keep a record
of each vehicle removed in ac- imission exptres....j�y psi..19.79............
cordancewith this section. The a �!
record shall include a description
of the vehicle, its license number,
the date and time of its removal,
where if was removed from, its to-
cotian, the Home and address of its
and last operator. if known,
its final disposition, antl the Ix)rk-
the violation Involved.
if This Section shall be SUDPe-
mentul to any other provisions of
low granting members of ilia po-
dennrtment authority to re-