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HomeMy WebLinkAboutOrdinance No. 4388 - Amending, repealing and creating various Sections in Chapters 9-1, 9-2, 9-6, 11-6, and 11-8 of the Rochester Code of Ordinances relating To Parking Restrictions and Snow Emergencies ORDINANCE NO. ____ AN ORDINANCE CREATING SECTION 11-6-49, AND AMENDING SECTIONS 9-1-1, 9- 1-2, 9-2-4, 9-2-7(a), 9-2-13(b), 9-2-17, 9-6-1, 9-6-2, 9-6-3, 9-6-5, 9-6-6, 11-6-1, 11-6-7, 11- 6-12(b), 11-6-13, 11-6-20, 11-6-23, 11-6-25, 11-6-27(b), 11-6-35, 11-6-38, 11-6-39, 11-6- 44, 11-8-2, 11-8-3, 11-8-4, 11-8-5 AND 11-8-7 AND REPEALING SECTIONS 11-6-18, 11- 6-22 AND 11-8-6 OF THE ROCHESTER CODE OF ORDINANCES RELATING TO PARKING RESTRICTIONS AND SNOW EMERGENCIES. THE COMMON COUNCIL OF THE CITY OF ROCHESTER ORDAINS: Section 1. Section 11-6-49 is hereby adopted as follows: Sec. 11-6-49. – Seasonal Parking Restrictions (a) No person shall park or leave standing any vehicle on any street in the city on any day between the hours of 2:00 am and 3:00 pm beginning October 1 and ending May 1, except as hereinafter provided: 1. On even-numbered calendar dates, vehicles may be parked on the near side of the street adjacent to properties which have been assigned even numbers; and 2. On odd-numbered calendar dates, vehicles may be parked on the near side of the street adjacent to properties which have been assigned odd numbers. 3. Parking is prohibited within the bulb of any cul-de-sac. (b) This division does not apply to any street where parking is limited to one side, any street which has more restrictive parking requirements, nor to any metered parking spaces. (c) Signs announcing the existence of the seasonal parking restrictions ordinance shall be placed at all major roadway entrances to the city. (d) In the event a snow emergency is declared per section 11-8-3, then these seasonal parking restrictions remain in effect for the duration of the snow emergency. Vehicles in violation of the seasonal parking restrictions during a snow emergency may be removed and towed without regard to the waiting period, pursuant to section 11-8-5 and to the extent allowed by state law. Section 2. Section 9-1-1 is hereby amended to read as follows: Sec. 9-1-1. - Excavations. No person shall make any opening or excavation in or under any public right-of- way within the city, without first obtaining a permit from the city engineer director of public works or designee. In granting any such permit, the city engineer director of public works or designee shall specify the conditions to be complied with in connection with the opening or excavation. For purposes of this chapter, the term "public right-of-way" means the entire width between boundary lines of any way or place when any part thereof is open to the use of the public as a matter of right, for the purpose of vehicular traffic and also those areas that have been dedicated to the public for pedestrian usage by plat or by easement. Section 3. Section 9-1-2 is hereby amended to read as follows: Sec. 9-1-2. - Removals; depositing; signs. (a) Depositing. No person shall place or maintain in any public right-of-way any gravel, sand, fill, landscaping materials, garbage cans, dumpsters, snow, or other materials or objects without first obtaining a permit from the city engineer director of public works or designee. The person responsible for placing the materials or objects in the public right-of-way shall be liable for the cost incurred in its removal and disposal. (b) Piling of snow. No owner or occupant of property abutting upon a public street or alley, nor any person on behalf of any such owner or occupant, shall: (1) Push into or deposit upon the paved or improved roadway of any public street or alley, any snow or ice from such private property or from public boulevards adjoining such roadways; or (2) Pile snow at such heights and at such locations as to interfere with the view of the traveling public at public street and alley intersections and at private drives onto public streets and alleys. (b) (c) Signs on public property. (1) No person, other than a road authority, its agent, employee, contractor or public utility carrying out its authorized duty, shall place, post, or erect any sign within the public right-of-way. The police department, the public works department, the public utility department, or any other authorized staff may remove any sign that is posted within the public right-of-way contrary to the provisions of this section. The person responsible for the posting of a sign in violation of this subsection shall be liable for the cost incurred in its removal and disposal, and the city clerk is authorized to collect the cost incurred. (2) No person shall paint, mark or write on, post, or otherwise affix any handbill, sign, advertisement or flyer to or upon any public property or in any public right-of-way. For purposes of this subsection (b), the term "public property" means any sidewalk, crosswalk, curb, parking meter, street lamppost, hydrant, tree, shrub, tree stake or guard, electric light, power or telecommunications pole or wire appurtenance, utility structure, street sign, or traffic sign that is located within a public utility easement or public right-of- way. (3) Any handbill or sign found posted or otherwise affixed upon any public property contrary to the provisions of this section may be removed by the police department, the public works department, the public utility department or any other person. The person responsible for any such illegal posting shall be liable for the cost incurred in its removal and the city clerk is authorized to collect the cost. (4) This section does not apply to any marking on or posting of a handbill, sign or flyer to public property authorized by the city as part of the normal use or operation of that public property item or for any other municipal government purpose, or to the posting of a handbill, sign or flyer to public property authorized by a revocable permit issued by the council so long as the permittee complies with the conditions of the permit. The council may issue a revocable permit to a city-sponsored or nonprofit organization wishing to: a. Advertise an event sponsored by the city-sponsored or nonprofit organization; b. Advertise a fundraising activity for a city-sponsored or nonprofit organization; or c. Recognize a special day, week or month. (c) (d) Violation is public nuisance. A violation of this section results in is a public nuisance. Any person violating this section and the property owner of the property adjacent to the public nuisance may be issued an administrative citation under chapter 1-2. Any administrative civil fine imposed shall be in addition to the cost recovery for cleanup, disposal, or correction of the created nuisance. Section 4. Section 9-2-4 is hereby amended to read as follows: Sec. 9-2-4. - Administration. The public works director director of public works is the principal city official responsible for the administration of the rights-of-way, public right-of-way permits, and the ordinances related thereto. The director may delegate any or all of the duties hereunder. Section 5. Subsection (a) of Section 9-2-7 is hereby amended to read as follows: (a) Permit issuance. The public works director shall issue an excavation permit or obstruction permit if the applicant has satisfied the requirements of this chapter. The city council may approve or deny the application for a revocable permit. Section 6. Subsection (b) of Section 9-2-13 is hereby amended to read as follows: (b) Written notice of breach. If the directory director determines that the permittee/owner has committed a breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the director may issue a stop work or correction order demanding the permittee/owner to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit or issuance of criminal charges. A breach will allow the city, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. Section 7. Section 9-2-17 is hereby amended to read as follows: Sec. 9-2-17. - Maintenance of facilities. (a) The permittee/owner shall properly maintain their facility/improvement to minimize the risk to the public, and the public infrastructure/improvements, and for the general benefit of the community. In the event the permittee/owner fails to maintain their facility, the city may maintain the facility and charge the permittee/owner the cost incurred by the city. The permittee/owner shall pay said charges within 30 days of invoicing. (b) The boulevard and right-of-way areas are intended for snow storage from public roadways and sidewalks within the right of way. Permittees/property owners are prohibited from pushing snow from parking lots, driveways or other private areas into this space. Additionally, permittees/property owners are prohibited from placing snow in drainage ditches as well as drainage or utility easements adjacent to or within their property. Snow placed in a drainage ditch or drainage or utility easement is a public nuisance and may be removed by the City. (c) In the event permittees/property owners fail to maintain their facility, the city may maintain the facility and charge the permittee/owner the cost incurred by the city. The permittee/property owner shall pay said charges within 30 days of invoicing. Section 8. Section 9-6-1 is hereby amended to read as follows: Sec. 9-6-1. - Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Current service means one or more of the following: snow, ice, or rubbish removal from sidewalks and pedestrian ramps, repair of sidewalks, or cutting and removal of weeds and grass. Section 9. Section 9-6-2 is hereby amended to read as follows: Sec. 9-6-2. - Responsibility and penalties. (a) All snow, ice, dirt and rubbish remaining on a public sidewalk or pedestrian ramp more than 24 hours after its deposit thereon is a public nuisance. The owner and the occupant of any property adjacent to a public sidewalk or pedestrian ramp shall use due diligence to keep such walk safe for pedestrians. No such owner or occupant shall allow snow, ice, dirt or rubbish to remain on the sidewalk or pedestrian ramp longer than 24 hours after its deposit thereon. (b) Any person violating this section shall may be issued an administrative citation under as provided in chapter 1-2. (c) The administrative civil fine provided in this section is in addition to the cost recovery provisions in sections 9-6-7 and 9-6-8. Section 10. Section 9-6-3 is hereby amended to read as follows: Sec. 9-6-3. - Removal by city engineer director of public works. The city engineer director of public works or designee may remove from all public sidewalks and pedestrian ramps all snow, ice, dirt, and rubbish beginning 24 hours after any such matter has been deposited thereon or after the snow has ceased to fall. The city engineer director of public works or designee shall keep a record showing the cost of such removal adjacent to each separate lot and parcel and shall deliver such information to the city clerk. Section 11. Section 9-6-5 is hereby amended to read as follows: Sec. 9-6-5. - Inspections by city engineer director of public works. The city engineer director of public works or designee shall make such inspections as are necessary to determine that public sidewalks within the city are kept in repair and safe for pedestrians. If the city engineer director of public works or designee finds that any sidewalk abutting on private property is unsafe and in need of repairs, the city engineer director of public works or designee shall physically mark the portion of sidewalk that needs repair and cause a sidewalk repair notice to be served by United States Postal Service upon the record owner of the property and the occupant if the owner does not reside within the city or cannot be found therein. The notice shall advise the owner that it is the owner's responsibility to repair the marked sidewalk panels and shall order the owner to respond in writing to the city engineer director of public works or designee within 30 days stating their intended option for repair of the marked sidewalk. If a property owner elects to undertake the sidewalk repair without city involvement, the repairs must be completed within 60 days of the date contained in the notice. The notice shall also state that if the owner fails to respond to the city engineer director of public works or designee within the 30 days or fails to make the needed repairs within the time given, the city engineer director of public works or designee will do so repair the sidewalk on behalf of the city at the owner's expense. Finally, the notice shall state that the cost of any sidewalk repair work performed by the city shall be billed to the owner and shall be made a special assessment against the property benefited thereby if not paid by owner. Section 12. Section 9-6-6 is hereby amended to read as follows: Sec. 9-6-6. - Repair by city engineer director of public works. If the property owner fails to respond to the city engineer director of public works or designee within the 30 days or fails to make the needed repairs within 60 days from the date on the notice, the city engineer director of public works or designee shall repair the sidewalk and make it safe for pedestrians or order the work done by contract in accordance with law. The total cost of the repair attributable to each lot or parcel of property shall be reported to the city clerk. Section 13. Section 11-6-1 is hereby amended to read as follows: Sec. 11-6-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Congested zone means the following areas: (1) The streets and alleys included within the area enclosed within the outside boundaries of the following designated streets: beginning at the intersection of 3rd Ave. S.E. and 5th St. S.E.; thence west on 5th St. S.E. and 5th St. S.E. if continued, to South Broadway; thence south on South Broadway to the bridge over the Zumbro River; thence due west to 2nd Ave. S.W. if extended; thence north along the line of 2nd Ave. S.W. if extended, to 6th St. S.W.; thence west on 6th St. S.W. to 4th Ave. S.W.; thence north on 4th Ave. S.W. and 4th Ave. N.W. to 5th St. N.W.; thence east on 5th St. N.W. to 2nd Ave. N.W.; thence north on 2nd Ave. N.W. to 7th St. N.W.; thence east on 7th St. N.W. and 7th St. N.E. to 2nd Ave. N.E. if extended from the south; thence south on 2nd Ave. N.E., if extended, and 2nd Ave. S.E. to 2nd St. S.E.; thence southeasterly across the Mayo Park Bridge, and south on 3rd Ave. S.E. to the place of beginning; (2) Also the following designated streets and alleys: 2nd St. S.W. from 11th Ave. S.W. west to the city limits; 17th Ave. S.W. and N.W. (U.S. Highway No. 52) from 5th St. S.W. north to 4th St. N.W. as platted; 16th Ave. S.W. from 2nd St. S.W. north to 4th St. S.W. as platted; the alley between 1st St. S.W. and 2nd St. S.W. from 11th Ave. S.W. west to 16th Ave. S.W. Crosswalk means that portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections, or train crossing bylines or other markings upon the surface. Curb means the lateral boundaries of a roadway, whether or not marked by curbing. Double parking means the parking of a vehicle on the roadway side of any vehicle stopped or parked at the edge or curb of a roadway. Driver means every person who drives or is in actual physical control of a vehicle. Explosives means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life or limb. Flammable liquid means any liquid which has a flash point of 70 degrees Fahrenheit, or less, as determined by a Tagliabue or equivalent closed cup test device. Intersection means the area embraced within the prolongation or connection of the lateral curbing lines, or if none, then the lateral boundary lines of the roadway of two streets which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets joining at any other angle may come to conflict. Limited parking zone means a zone or area in which the council has restricted parking on the streets or parts of streets therein to less than 12 hours. Motor vehicle means every vehicle which is self-propelled. One-way street or alley means a street or alley designated and sign-posted for one-way traffic and on which all vehicles are required to move in one indicated direction. Owner means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter. Park or parking means the stopping, standing or parking of vehicles upon a street or alley whether accompanied or unaccompanied by the operator thereof, except temporary stops for the purpose of loading and unloading passengers. Parking lots means every parking area owned or operated by the city, including parking ramps, lots, and garages. Parking meter means any mechanical device or meter installed on public streets for the purpose of regulating the parking on such streets, and operated by the insertion of U.S. coins therein. Parking meter space means the space adjacent to a parking meter designated for the parking of a single vehicle by lines painted or otherwise marked on the curbing or on the surface of the roadway. Primary traffic street means a street designated by the council as a primary traffic street because of the volume of traffic which such street is required or expected to accommodate. Private road or driveway means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. Right-of-way means the privilege of the immediate use of the street or alley. Roadway means that portion of a street or alley improved, designed, or ordinarily used for vehicular travel. Semi-trailer means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. Sidewalk means that portion of a street between the curbing or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians. Street or alley means the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic. The term "street" specifically includes the term "highway." Traffic control devices means all signs, signals, parking meter instruction plates, markings and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. Trailer means every vehicle without motive 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 the towing vehicle. Transportation network company driver is defined at section 5-6-1. Truck means every motor vehicle designed, used or maintained primarily for the transportation of property. Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a street or alley, except devices moved by human power or used exclusively upon stationary rails or tracks. Section 14. Section 11-6-7 is hereby amended to read as follows: Sec. 11-6-7. - Parking lots within the congested zone. No person shall park a vehicle or leave a vehicle parked in whole or in part within a parking lot owned or operated by the city within the congested zone unless such vehicle is parked entirely within a place or space within the lot which is specially lined or marked for such parking and in no event shall any person park such vehicle contrary to any signs, markings, or parking meter instructions posted, painted or erected in said lot. Section 15. Subsection (b) of Section 11-6-12 is hereby amended to read as follows: (b) No parking zones. No person shall park a vehicle, except as otherwise provided or unless directed to do so by a police officer, on any street or alley where the council or the city engineer director of public works or designee has established a no parking zone and such zone is marked by a sign or yellow curbing. Section 16. Section 11-6-13 is hereby amended to read as follows: Sec. 11-6-13. - No parking zones due to hazardous conditions. Whenever the city engineer director of public works or designee determines that the accumulation of snow and ice have reduced the improved width of a street or alley so that the parking of vehicles on such street or alley during such conditions will create a hazardous condition endangering or impeding the movement of vehicular traffic or otherwise endangering the safety, health or welfare of the public, the city engineer director of public works or designee shall designate either side or both sides of such street or alley as a no parking zone. The designation of a no parking zone by the city engineer director of public works or designee shall be made by filing a notice of such designation in the offices of the city clerk and chief of police issuing a Public Service Announcement (PSA) and by posting signs or markers along the streets or alleys so designated. The city engineer director of public works or designee shall state in the notice PSA the specific hour time when the no parking restrictions go into effect and shall identify the streets or alleys affected by the restrictions. No-parking zones designated under this section shall not go into be effective until at least 12 hours after the signs or markers have been posted and shall remain in effect until removed at the direction of the city engineer director of public works or designee. Section 17. Section 11-6-20 is hereby amended to read as follows: Sec. 11-6-20. - Vehicles backed to curb. No vehicle shall be backed up to the curb or parked backed up to the curb unless: (1) Within the congested zone for the purpose of loading or unloading commodities and a permit to do so is first obtained from the police department; or (2) Outside the congested zone, a vehicle may be backed up to the curb but only when the weight or bulk of the load necessitates loading or unloading in such position, and then only for the period of time necessary to so load or unload such commodities. Section 18. Section 11-6-23 is hereby amended to read as follows: Sec. 11-6-23. - Parking of certain vehicles restricted. (a) No person shall park any of the following described vehicles on any street, alley or city-owned public parking lot, for any purpose, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device: (1) Any trailer or semi-trailer or vehicle with a trailer or semi-trailer attached, except in designated loading zones for the purposes of loading or unloading. (2) Any vehicle transporting explosives or flammable liquids as a cargo or part of a cargo except for the purpose of making deliveries. (a)(b) No person shall park any of the following described vehicles on any street, alley or city-owned public parking lot for more than one hour: (1) Trucks of a capacity of more than three-fourths ton, according to manufacturer's rating. (2) (1) Trucks or motorhomes having an overall length of more than 20 23 feet, or overall width at any point of more than six eight feet. (3) (2) Dump trucks, tractors, truck-tractors, trailers, boats and boat trailers, semi- trailers or any heavy machinery. (4) (3) Any truck, trailer or semi-trailer which is being used for the transportation of livestock or has been used for the transportation of livestock and has not been cleaned. (5) (4) Any vehicle, truck, trailer or semi-trailer which is being used for the display of advertising. (b)(c) Subsection (a)(b) of this section does not apply to overnight parking related to emergencies, public works projects, construction projects, or civic center or community events where such overnight parking is approved by the police department or the public works department. (c)(d) No commercial trucks or other commercial vehicles of a rated weight over three-fourths ton having an overall length of more than 23 feet, or overall width of more than 8 feet, shall be parked in any residential zoning district for more than four consecutive hours. (d)(e) Subsection (c)(d) of this section does not apply to parking: (1) On nonresidential properties; (2) In a fully enclosed garage or similar permanent structure; (3) On a site under construction where the vehicles are related to the construction activity in progress; or (4) Of public or private utility or emergency first responder vehicles when approved by the city administrator. Section 19. Section 11-6-25 is hereby amended to read as follows: Sec. 11-6-25. - Restrictions on primary traffic streets—Two-way streets. (a) On two-way streets where the width of the roadway or the distance between the curbs is less than 30 26 feet, no person shall park any vehicle at any time except for the purpose of loading or unloading commodities, and such stops shall not be for a longer period of time than necessary to accomplish such purpose. (b) On two-way streets where the width of the roadway or the distance between the curbs is 30 26 feet or more but less than 36 30 feet, parking is prohibited on one side of such street and no person shall park any vehicle on that side of such street on which the council has prohibited parking, except for the purpose of loading and unloading commodities, and such stops shall not be for a longer period of time than necessary to accomplish such purpose. Section 20. Subsection (b) of Section 11-6-27 is hereby amended to read as follows: (b) The city engineer director of public works or designee may make exceptions to the parking restrictions and prohibitions set forth in sections 11-6-25 and 11-6- 26 in justifiable cases when: (1) There is no viable option to the requested exception; (2) The safety and convenience of the traveling public will not be substantially impaired; and (3) The exception will not be in effect for more than seven days. Section 21. Section 11-6-35 is hereby amended to read as follows: Sec. 11-6-35. - Parking meter fees. (a) The fees for parking in parking meter spaces are established in this section by City Council annually in the Fee Schedule and are posted on the City’s website and on each parking meter and parking meter pay station. (b) Parking fee for Zone A (12 minutes) is: 12 minutes: token or $0.05 (minimum charge and maximum parking time). (c) Parking fee for Zone B (20 minutes) is: (1) Five minutes: token or $0.05 (minimum charge). (2) Ten minutes: $0.10. (3) 20 minutes: $0.20 (maximum parking time). (d) Parking fee for Zone C (30 minutes) is: (1) 12 minutes: token or $0.05 (minimum charge). (2) 24 minutes: $0.10. (3) 30 minutes: $0.15 (maximum parking time). (e) Parking fee for Zone D (60 minutes) is: (1) 12 minutes: token or $0.05 (minimum charge). (2) 24 minutes: $0.10. (3) 60 minutes: $0.25 (maximum parking time). (f) Parking fee for Zone E (90 minutes) is: (1) 12 minutes: token or $0.05 (minimum charge). (2) 24 minutes: $0.10. (3) 60 minutes: $0.25. (4) 90 minutes: $0.40 (maximum parking time). (g) Parking fee for Zone F (two hours) is: (1) 12 minutes: token or $0.05 (minimum charge). (2) 24 minutes: $0.10. (3) 60 minutes: $0.25. (4) 2 hours: $0.50 (maximum parking time). (h) Parking fee for Zone G (three hours) is: (1) 12 minutes: token or $0.05 (minimum charge). (2) 24 minutes: $0.10. (3) One hour: $0.25. (4) Three hours: $0.75 (maximum parking time). (i) Parking fee for Zone H (ten hours) is: (1) 30 minutes: token or $0.05 (minimum charge). (2) One hour: $0.10. (3) 2½ hours: $0.25. (4) Ten hours: $1.00 (maximum parking time). (j) (b) The fee for meter bags is $6.00 for each 30-minute, 90-minute, two-hour, and three-hour meters for each enforcement day. The fee for meter bags is $3.00 for each ten-hour meter for each enforcement day shall be 85 percent of the rate of the meter when occupied for a full day. There is no fee for meter bags for loading zones. A minimum set-up charge based on $3.00 administrative fee, established annually by City Council in the Fee Schedule, for each metered space for each event would be charged for set-up and signing for weekend or holiday parking. (For example, if ten meters were needed to be blocked off for Saturday and Sunday, the charge would be $30.00 10 times the administrative fee.) This subsection does not apply to city construction projects, parades, city- sponsored or nonprofit organization-sponsored events, security/emergency events, and events involving dignitaries. Section 22. Section 11-6-38 is hereby amended to read as follows: Sec. 11-6-38. - Installation of posts. Installation of necessary parking meter posts shall be done by the public works director director of public works or designee or under contract subject to the supervision and control of the public works director director of public works or designee. Section 23. Section 11-6-39 is hereby amended to read as follows: Sec. 11-6-39. - Collections. Installation, maintenance and repair of parking meter heads, together with collection of coins deposited therein, shall be done by designated city employees under the control and supervision of the public works director director of public works or designee. All coins collected from parking meters shall be delivered forthwith by such designated employees to the city treasurer. Section 24. Section 11-6-44 is hereby amended to read as follows: Sec. 11-6-44. - Moving for street maintenance, etc. Whenever the city engineer or assistants director of public works or designee, for the purpose of facilitating street maintenance operations, including snow removal, find it necessary to move tow any vehicle parked on any street or alley in the city, said public works director or assistants the director of public works or designee are is authorized to move tow or have towed such vehicle to the extent necessary for such purpose when appropriate signage indicating “No Parking, Tow-Away Zone” has been in place for at least 24 hours, except as described in section 11-8-5.. Section 25. Section 11-8-2 is hereby amended to read as follows: Sec. 11-8-2. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Business district streets and alleys means those streets and alleys in the central business district or other congested business area of the city from which accumulated snow or ice is to be removed by loading and hauling away. Business district streets and alleys shall be designated by the council from time to time by written resolution. Regulations and procedures applicable to removal of snow or ice from business district streets and alleys shall become effective during each emergency when signs or markers are posted along such streets and alleys informing the public of the regulations and procedures in effect. Residential streets and alleys means all streets and alleys in the city other than snow emergency routes and business district streets and alleys. Snow emergency routes means those primary or arterial streets in the city which are essential to the establishment of a workable traffic pattern under emergency conditions and shall be designated by the council from time to time by written resolution. The designation of snow emergency routes by written resolution shall not be effective until such routes are appropriately identified by signs or markers informing the public that a street so marked is a snow emergency route. Snow or ice emergency means a condition of snowfall, snow accumulation or ice accumulation or anticipated snowfall, snow accumulation or ice accumulation which creates or is likely to create hazardous street conditions endangering or impeding, or likely to endanger or impede, the movement of fire, police, emergency or other vehicular traffic, or otherwise endanger the safety, health or welfare of the public. Section 26. Section 11-8-3 is hereby amended to read as follows: Sec. 11-8-3. - Declaration of emergency. (a) Notice. Whenever the public works director director of public works or designee, in the exercise of sound judgment and discretion, determines that a snow or ice emergency exists or is expected to occur, requiring the removal of snow or ice from the public streets and alleys, the public works director director of public works or designee shall declare such emergency in writing, file the same with the city clerk, and cause notice of such emergency to be given to the public by press, radio or television. The public works director director of public works or designee shall request the cooperation of press, radio and television news media and, when notice of the declared emergency is given by any combination of two or more news media (i.e., the official newspaper of the city, a radio station or television station), such notice shall constitute due and proper notice to the public. (b) General duration. When declared by the public works director director of public works or designee, a snow or ice emergency shall continue for a period of 120 hours from the time of declaration unless sooner terminated or extended by until further notice from the public works director director of public works or designee is given in the manner prescribed above. (c) Parking restrictions. In declaring a snow or ice emergency, the public works director director of public works or designee shall state in the written declaration the specific hours when the special parking restrictions go into effect on snow emergency routes and on residential streets and alleys. Notice of special parking restrictions applicable to business district streets and alleys shall be given on signs or markers posted along such streets and alleys during each emergency. (d) Duration of restrictions. Special parking restrictions applicable to snow emergency routes shall not go into effect earlier than six hours after the emergency is declared by the public works director director of public works or designee. Special parking restrictions applicable to residential streets and alleys shall not go into effect earlier than 12 hours after the emergency is declared by the public works director. Section 27. Section 11-8-4 is hereby amended to read as follows: Sec. 11-8-4. - General parking restrictions. During the period of an ice or snow emergency, the special parking regulations contained in this section shall apply. (1) Snow emergency routes. From the hour specified by the public works director in the declaration of a snow or ice emergency, no motor vehicle, trailer or other vehicle shall be parked, abandoned or left unattended on any snow emergency route until snow or ice plowing has been completed on such route over the full width of the roadway. This provision shall not prohibit passenger vehicles from stopping for periods sufficient to load or discharge passengers from such vehicles. Commercial vehicles may stop for periods sufficient to load or unload cargo when special permission is obtained from the public works director. (2) Business district streets and alleys. During the hours specified on the signs or markers posted along business district streets and alleys, no motor vehicle, trailer or other vehicles shall be parked, abandoned or left unattended on any business district street or alley. This provision shall not prohibit passenger vehicles from stopping for periods sufficient to load or discharge passengers from such vehicles. Commercial vehicles may stop for periods sufficient to load or unload cargo when special permission is obtained from the public works director director of public works or designee. (3) Residential streets. Beginning on the day specified by the public works director in the declaration of a snow or ice emergency, and continuing during the period of the emergency, parking on residential streets is prohibited as follows: a. No motor vehicle, trailer or other vehicle shall be parked, abandoned or left unattended on any even-numbered street or avenue on even-numbered days between the hours of 4:00 a.m. and 7:00 p.m., until snow or ice plowing has been completed on such street or avenue over the full width of the roadway. For the purpose of this chapter, the following additional residential streets shall be considered as even-numbered streets and avenues: 1. N.W. (i) 18½ St. N.W. from 24th Ave. N.W. to 18th Ave. N.W. (ii) 16½ St. N.W. from 21st Ave. N.W. to 18th Ave. N.W. (iii) Valley High Drive from 21st Ave. N.W. to 19th Ave. N.W. (iv) 4th Place N.W. from west end east to 36th Ave. N.W. (v) 6th Place N.W. from 36th Ave. N.W. to 7th St. N.W. (vi) West Center St. from 20th Ave. N.W. to U.S. 52-Frontage Road (westside). (vii) 16½ Ave. N.W. from 14th St. N.W. to 16th St. N.W. (viii) 10½ Ave. N.W. from 12th St. N.W. to 14th St. N.W. (ix) 5th Place N.W. from 16th Ave. N.W. to 5th St. N.W. (x) 13th Ave. N.W. from 5th Place N.W. to 4th St. N.W. (xi) 4½ St. N.W. from 13th Ave. N.W. to 11th Ave. N.W. (xii) 4th St. N.W. from 13th Ave. to 12th Ave. N.W. (xiii) Manorwoods Drive N.W. (xiv) Vanir Court N.W. (xv) Valkyrie Court N.W. (xvi) Valkyrie Lane N.W. (xvii) Telemark Lane N.W. (xviii) Telemark Court N.W. (xix) Trolls Court N.W. 2. S.W. (i) Plummers Circle. (ii) Plummers Lane. (iii) 10½ St. S.W. from west end to 8th Ave. S.W. (iv) Folwell Drive S.W. (v) Walden Lane S.W. (vi) Skyline Drive S.W. (vii) Apache Drive S.W. (viii) Memorial Parkway. 3. N.E. (i) 16¼ St. N.E. from Bdwy. to 1st Ave. N.E. (ii) 1st Ave. N.E. from 16¼ St. N.E. to 16½ St. N.E. (iii) 16½ St. N.E. from Bdwy. to 1st Ave. N.E. (iv) Wilshire Drive from 14th Ave. N.E. (v) Wilshire Court N.E. 4. East. (i) East Center St. from 11th Ave. N.E. to 15th Ave. N.E. S.E. (ii) 13½ Ave. S.E. from 2nd St. S.E. to 3½ St. S.E. (iii) 9½ Ave. S.E. from 11th St. S.E. to 12th St. S.E. (iv) 10½ Ave. S.E. from 12th St. S.E. to 11½ St. S.E. (v) 10¼ St. S.E. from 1st Ave. to 3rd Ave. S.E. (vi) 10½ St. S.E. from 1st Ave. to 3rd Ave. S.E. (vii) 9½ St. S.E. from 9th Ave. to 11th Ave. S.E. (viii) 10½ St. S.E. from 9th Ave. S.E. to east end Homestead Village Lane. (ix) 16½ St. S.E. from 8th Ave. S.E. to 11th Ave. S.E. (x) 16¼ St. S.E. from 9th Ave. S.E. to 10th Ave. S.E. b. No motor vehicle, trailer or other vehicle shall be parked, abandoned, or left unattended on any odd-numbered street or avenue on odd-numbered days between the hours of 4:00 a.m. and 7:00 p.m. until snow or ice plowing has been completed on such street or on such avenue over the full width of the roadway. For the purpose of this chapter, the following additional residential streets shall be considered as odd-numbered streets and avenues: 1. N.W. (i) 7th Place N.W. from 36th Ave. N.W. west to 5th Place N.W. (ii) 5th Place N.W. from 7th Place N.W. to 5th St. N.W. (iii) 3rd Place N.W. from 3rd St. N.W. to east end. (iv) 17½ St. N.W. from 21st Ave. N.W. to 18th Ave. N.W. (v) Knoll Lane from 12th Ave. N.W. to north end. (vi) 11½ Ave. N.W. from Knoll Lane to north end Zumbro Drive N.W. (vii) 15½ Ave. N.W. from 14th St. N.W. to 16th St. N.W. (viii) 19th St. N.W. from 3rd Ave. N.W. west to corporate limits. (ix) 15½ St. N.W. from 8th Ave. N.W. to west end. (x) Pahama Ct. from 14th St. N.W. to north end. (xi) 8½ Ave. N.W. from 9th Ave. N.W. to 5th St. N.W. (xii) 13½ St. N.W. from Broadway to 2nd Ave. N.W. (xiii) 2nd Ave. N.W. from 13th St. N.W. to north end. (xiv) Viking Drive N.W. (xv) Viking Court N.W. (xvi) Haling Court N.W. (xvii) Nordic Court N.W. (xviii) Terracewood drive N.W. (xix) Woodhill Court N.W. (xx) Wooddale Court N.W. (xxi) Valhalla Court N.W. 2. S.W. (i) 18½ Ave. S.W. from 3rd St. to 5th St. S.W. (ii) North Sunny Slopes. (iii) 11¼ St. S.W. from 9th Ave. S.W. west to end. (iv) 11½ St. S.W. from 11¼ St. S.W. to 7th Ave. S.W. 3. N.E. (i) 7½ Ave. N.E. from 15th St. N.E. to north end. (ii) Northwood Drive from 7½ Ave. N.E. to north end. (iii) Rocky Creek Drive N.E. from U.S. 63 east 200' Teton Lane N.E. 4. S.E. (i) 9½ St. S.E. from Bdwy. to 3rd Ave. S.E. (ii) 11th St. S.E. from 1st Ave. S.E. to 3rd Ave. S.E. (iii) 11½ St. S.E. from 1st Ave. S.E. to 3rd Ave. S.E. (iv) 14½ St. S.E. from 6th Ave. S.E. to 8th Ave. S.E. (v) 8½ Ave. S.E. from 16th Ave. S.E. to 13½ St. S.E. (vi) 13½ St. S.E. from 8th Ave. S.E. to 11th Ave. S.E. (vii) 8½ St. S.E. from 11th Ave. S.E. to 13th Ave. S.E. (viii) 3½ St. S.E. from 13th Ave. S.E. to 15th Ave. S.E. Berkman Court S.E. (ix) Damon Court S.E (x) Graham Court S.E. (xi) 8½ Ave. S.E. from 13½ St. S.E. to south end. c. No motor vehicle, trailer or other vehicle shall be parked, abandoned or left unattended on any residential alley between the hours of 4:00 a.m. and 7:00 p.m. on every day during the emergency until snow or ice plowing has been completed on such alley over the full width of the traveled alleyway. The foregoing provisions shall not prohibit passenger vehicles from stopping for periods sufficient to load or discharge passengers from such vehicles. Commercial vehicles may stop for periods sufficient to load or unload cargo when special permission is obtained from the public works director. Section 28. Section 11-8-5 is hereby amended to read as follows: Sec. 11-8-5. - Removal of vehicles. Any motor vehicle, trailer or other vehicle parked, abandoned, or left unattended in violation of the provisions of this chapter, or in violation of the seasonal parking restrictions of Section 11-6-49, may be moved from place to place on the public street or alley by city employees or agents, as necessary to accomplish necessary plowing, loading or hauling operations; or may be removed by city employees or agents and towed without regard to the waiting period, pursuant to the extent allowed by state law, or otherwise removed to impounding or storage areas designated by the city and may be there reclaimed by owners in accordance with general regulations and requirements established by other provisions of this Code. Section 29. Section 11-8-7 is hereby amended to read as follows: Sec. 11-8-7. - Temporary parking restrictions. Notwithstanding any provision in this chapter to the contrary, and without the need to declare a snow emergency pursuant to section 11-8-3, the public works director director of public works or designee is authorized to impose temporary parking restrictions on those streets which, in the public works director’s director of public works or designee's opinion, are in need of snow removal in order to protect the public's health, safety and welfare. The public works director must confer with the chief of police, the chief of the fire department and the city administrator before imposing any parking restrictions. The public works director director of public works or designee must give at least 24 hours' notice of the parking restrictions to those affected by the restrictions. This section may be enforced pursuant to section 11-8-5. Section 30. Section 11-6-18 is hereby repealed: Sec. 11-6-18. - Parking in alleys within congested zone. No person shall park a vehicle in a public alley within the congested zone for a longer period of time than is necessary to load or unload commodities. In loading or unloading commodities, a noncommercial vehicle must not park for longer than ten minutes and a commercial vehicle must not park for longer than 30 minutes. This section does not apply to alleys specifically signed for no parking. Section 11-8-5 is hereby amended to read as follows: Section 31. Section 11-6-22 is hereby repealed: Sec. 11-6-22. - Parking of certain vehicles prohibited in congested zone. No person shall park any of the following described vehicles, for any purpose, in the congested zone, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device: (1) Any vehicle exceeding 25 feet in length, except as provided in section 11-6-18. (2) Any trailer or semi-trailer or vehicle with a trailer or semi-trailer attached, except as provided in section 11-6-18. (3) Any vehicle transporting explosives or flammable liquids as a cargo or part of a cargo except for the purpose of making deliveries. Section 32. Section 11-8-6 is hereby repealed: Sec. 11-8-6. - Piling of snow. (a) No owner or occupant of property abutting upon a public street or alley, nor any person on behalf of any such owner or occupant, shall: (1) Push into or deposit upon the paved or improved roadway of any public street or alley, any snow or ice from such private property or from public boulevards adjoining such roadways. (2) Pile snow at such heights and at such locations as to interfere with the view of the traveling public at public street and alley intersections and at private drives onto public streets and alleys. (b) A violation of the provisions of this section shall not only subject the violator to the penalties for violation of this Code but shall also obligate the abutting owner or occupant, and any agent of the owner or occupant, to reimburse the city for any expense incurred by it in removing snow unlawfully deposited or piled. Section 33. This ordinance shall be effective from and after publication. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2019. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2019. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Ord15/ParkingSnowEmergencies