-
ORDINANCE NO 2009-02-05 AN ORDINANCE AMENDING SECTIONS 74-201,74-204, 74-205, 74-206, 74-213 AND 2-93 OF THE WARSAW CITY CODE AND ADDING SEC. 74-218 TO THE WARSAW CITY CODE IT IS HEREBY ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WARSAW, INDIANA that Sections 74-201, 74-204, 74-205, 74-206, 74-213 and Sec. 2-93 of the City Code of Warsaw, Indiana be amended to read as follows: CHAPTER 74 TRAFFIC AND VEHICLES ARTICLE V Parking, Stopping and Standing Sec. 74-201 Prohibited parking areas; designation Areas in which parking is prohibited by the city may be designated by painting the curb immediately adjacent to the area yellow designated by signs. Sec. 74-204 Parallel and Angle Parking On one-way streets vehicles may be parked with the left side of the vehicle next to the curb or edge of the street and with the left wheels of the vehicle within 12 inches of the curb line, except that upon streets duly marked by te Board of Public Works and Safety for angle parking, vehicles shall be parked at the angle to the curb indicated by such painted lines. At all times, a vehicle must be parked within the lines or markings which designate the parking space. The fine for violating this section is $10.00 per violation. Sec. 74-205 Improper Parking No person shall park any vehicle at any time except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device: (1) At any place where the standing or parking of a vehicle will reduce the usable width of the roadway for moving traffic to less than 18 feet. (2) Over or any curb or tree lawn. (3) At any place where the parked vehicle would block the use of a private driveway or the access lane to a public parking lot. (4) On or upon any sidewalk or in such a way as to block the entrance to an alley. (5) At any place where official designate "No Parking". (6) In a manner that causes the vehicle to extend over the lines or markings which designate the parking space (7) In a manner that uses more than one designated parking space (8) Leaving a vehicle parked on a City street unattended and unmoved for a period of 72 hours or more. (9) Parking in a parking space leased by the City without the proper permit. (10) On a two-way street unless the vehicle is parked with the right side o the vehicle parallel to the curb and within 12 inches of the right side curb line. Sate Law references IC 9-21-16-5 Sec. 74-206 Special restrictions in city streets and city parking lots (1) No person shall double park a motor vehicle on any-city street or within any city parking lot. (2) No person shall park a motor vehicle in a city parking lot so as to block a driveway Sec. 74-213 Parking restricted from 8:00 a.m. to 5:00 p.m. This section's title is amended to read: Sec. 74-213 Parking from 8:00 a.m. to 5:00 p.m. and Handicap Parking Sec. 2-93 Schedule of ordinances subject to admission of violation is amended as it relates to Chapter 74 violations to read as follows: Chapter 74. Traffic and Vehicles Sec.74-6 Open alcoholic beverage containers 50.00 50.00 Sec. 74-136 Engine braking 100.00 100.00 Sec. 74-203 Oversized vehicle parking 10.00 Sec. 74-204 Parallel and angle parking 10.00 Sec. 74-205 Improper parking 10.00 Sec. 74-206 Special restrictions 10.00 Sec. 74-208 Alley parking 10.00 Sec. 74-209 Parking on private parking 25.00 25.00 Sec. 74-213 Two-hour parking: 1st overtime 10.00 2nd overtime 20.00 Double parking 10.00 Improper parking 10.00 Handicap parking 50.00 Blocking a driveway 10.00 No parking area 10.00 Sec. 74-218 Towing and wheel locks 50.00 Sec. 74-243 Abandonment of vehicles 25.00 50.00 Sec. 74-244 Wrecked, nonoperational vehicles on A street 25.00 50.00 Sec. 74-246 Junk vehicles 25.00 50.00 Sec.74-247 Junk vehicles on business lots 25.00 50.00 It is further ordained by the Common Council of the City of Warsaw that Sec 74-218 is hereby added to the Warsaw City Code. Sec. 74-218 Towing and Wheel Locks (1) Any illegally parked vehicle may be towed. Any vehicle that has been towed for a parking violation is to be held until the towing tee and penalties related to all outstanding parking tickets and penalties owed to the City are paid in full, or a bond is posted in the amount of the towing fee and all outstanding parking tickets and penalties. Payment of the towing fee and all outstanding parking tickets and penalties shall not constitute a waiver of the person's right to contest the towing or the outstanding parking tickets and penalties. (2) Any illegally parked vehicle for which there are three or more outstanding, unpaid and overdue parking tickets for a period of 90 days or more may be immobilized through the use of wheel locks. Any vehicle that has been immobilized through the use of wheel locks is to remain immobilized until an immobilization fee and penalties related to all outstanding parking tickets and penalties owed to the City are paid in full, or a bond is posted in the amount of the immobilization fee and all outstanding parking tickets and penalties. Payment of the immobilization fee and all outstanding parking tickets and penalties shall not constitute waiver of a person's right to contest the immobilization or the outstanding parking tickets and penalties. (3) If a wheel lock is attached to a vehicle, a notice shall be affixed to the windshield or any other part of the vehicle so as to be readily visible. The notice shall warn that the vehicle has been immobilized and that any attempt to move the vehicle may result in damage to the vehicle. The notice shall also state the total amount of civil penalties due for parking tickets which are overdue, unpaid and attributable to such vehicle, and that an immobilization fee is also being charged. The address and telephone number to be contacted to pay the charges and to have the wheel lock removed shall also be listed. The City shall not be responsible for any damage to an immobilized vehicle resulting from unauthorized attempts to free or to move the vehicle. (4) The immobilization fee is set at $50.00. (5) Any person whose vehicle has been towed or subjected to wheel locking may contest any fine, penalty, parking ticket, towing charge or immobilization fee by filing with the Warsaw City Clerk a written notice of intent to contest the City's actions. Said notice must be filed with 10 days of any event of towing or wheel locking. A hearing will be set within 30 days of receipt of said notice to be held before the city code violation hearing officer. This ordinance shall be in full force and effect upon proper notice. Ordained this 17th day of February, 2009. AYE NAY Charles D. Smith Dr. Joe Thallemer Jerry Patterson Daniel H. Hampton Kyle Babcock George Clemens Presented to and approved by me this 17th of February, 2009. Mayor Ernest B. Wiggins, Presiding Officer Common Council, City of Warsaw ATTEST: Elaine Call, Clerk-Treasurer m3
