AN ORDINANCE REGULATING THE PARKING OF MOTOR VEHICLES ON ALL STREETS IN THE CITY OF WABASSO TO FACILITATE SNOW REMOVAL THEREFROM
The City Council of the City of Wabasso does ordain:
SECTION 1. No motor vehicle shall be parked upon any street, avenue or alley in the City of Wabasso which obstructs the traffic thereon, or the entrance to any private driveway, or interferes with maintenance, cleaning, repairing or snow removal.
SECTIO N 2. Whenever the street commissioner or any of his assistants shall find it necessary for the purpose of facilitating street maintenance operations such as removal of snow or street wastes, to move any vehicle standing on any street in the City, said street commissioner, or assistant, are hereby authorized to the extent necessary for such purpose.
SECTION 3. Provided further that said street commissioner may place or cause to be placed and maintained signs reading “NO PARKING-SNOW REMOVAL” on such streets and avenues in the City of Wabasso at such times as he may deem necessary for the purpose of the removal and disposition of snow, and no person shall park any vehicle on any street or avenue where such signs are in place not withstanding any other provision of this ordinance.
SECTION 4. IMPOUNDING. Any unoccupied motor vehicle then found violating any of the provisions of the ordinance may be immediately removed and impounded by any police officer or duly authorized person, and shall only be surrendered to the duly identified owner or operator thereof upon payment of the cost of towing and storage. Any damage occasioned to such vehicles by towing operations shall be assumed by the operator or owner thereof, and no liability for damage shall be assumed by the city.
SECTION 5. The removal of a violating vehicle by or under order of the city does not prevent prosecution for any violations of this ordinance.
SECTION 6. It is unlawful and a violation of this ordinance to dump, blow or discharge snow on or in public streets or alleys within the city.
SECTION 7. Any person violating any of the provisions of this ordinance shall be guilty of a petty misdemeanor and upon conviction thereof, shall be subject to a fine of not more than $100.00.
SECTION 8. This ordinance after its approval, enactment and publication, shall be in full force and effect from and after the 18th day of December, 1975.
Passed by the city Council of the City of Wabasso in its regular meeting on the 8th day of December, 1975.
John J. Maurer, Mayor
Attest: Marilyn Davis, City Clerk
AMENDMENT TO ORDINANCE 202A
THE CITY COUNCIL OF THE CITY OF WABASSO ORDAINS THAT ORDINANCE NO. 202A SHALL BE AMENDED TO READ AS FOLLOWS:
AN ORDINANCE RELATED TO THE REMOVAL OF SNOW FROM STREETS AND SIDEWALKS AND
REGULATING PARKING DURING WINTER MONTHS
The City Council of the City of Wabasso ordains:
Section 1. Application. The owner, driver, operator, or person in charge of any vehicle and the owners and occupants of any real property adjacent to public sidewalks and streets, within the city limits of the City of Wabasso shall conform to and observe all the provisions of this ordinance.
Section 2. Defintitions.
- “Vehicle” means not only motor vehicles as defined in Minnesota Statutes Section 169.01 Subd. 3, but all other vehicles that would ordinarily travel on public streets and all other personal property of the type that could interfere with the orderly removal of snow from city streets.
- “Parked” or “Parking” shall mean stopping or allowing any vehicle to stand upon any public street.
- “Public Street” shall mean the entire width between boundary lines of any way or piece within the city limits when any part thereof is open to public use for vehicular traffic and shall include public ways commonly referred to as alleys, avenues, or boulevards.
- “Snow Emergency” means the existence of an accumulation of snow or drifting snow that requires removal as designated by the City Maintenance Department or the Street Commissioner.
- “Impoundment” means the removal of a vehicle to a storage facility or impound lot by a contractor for towing in response to an authorization from the City of Wabasso police department, Maintenance Department or the Street Commissioner.
Section 3. Duties of Owners and Occupants.
- The owners and occupants of any property adjacent to public sidewalks shall use due diligence to keep such sidewalks safe for pedestrians. No such owner or occupant shall allow snow, ice, dirt or rubbish to remain on the sidewalk longer than 24 hours after its deposit thereon.
- No person shall remove snow from private property and deposit same on any public street or parking lot. Any snow so deposited may be removed by the city and the cost of such removal shall be assessed and charged to the person in violation thereof.
Section 4. Removal by City. The Maintenance Department or the Street Commissioner may remove from a public sidewalk all snow, ice, dirt and rubbish beginning 24 hours after the snow has ceased to fall or after the deposit of any dirt or rubbish. The Maintenance Department or the Street Commissioner 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 5. Assessment. The owners and occupants abutting the sidewalk from which the city has removed snow, ice dirt or rubbish shall be charged for said cost. If said cost is not paid within thirty days, the City Clerk shall , on or before September 1st of each year, list the total unpaid charges for removal from a public sidewalk of snow, ice, dirt or rubbish against each separate lot or parcel to which they are attributable under this ordinance. The City Council may then spread the assessment charges against the property benefitted as a special assessment under Minnesota Statutes, Section 429.101, and other pertinent statutes for certification to the County Auditor and collection along with the current taxes or in annual installments, not exceeding ten, as the City Council may determine in each case.
Section 6. Liability. If any judgement shall be recovered in any action against the city for any injury or damage caused by any obstruction, excavation, opening or defect in any sidewalk, caused or occasioned by an act or omission of any person, the city shall have the right to recover the amount of any such judgement from the person so responsible for such obstruction, opening, excavation or defect, and such person is hereby declared to be liable to the City in the same amount of such damages.
Section 7. Parking Restrictions During Snow Emergencies.
- No vehicle shall be parked on any public street during a snow emergency after 10 pm unless the snow has been plowed to the full width of the street.
- The Street Commissioner may place or cause to be placed and maintain signs reading “NO PARKING-SNOW REMOVAL” on such streets and avenues in the City of Wabasso on such times as he may deem necessary for the purpose of facilitating the removal and disposition of snow, and no person shall park any vehicle on any street or avenue when such signs are in place not withstanding any other provision of this ordinance.
- The removal of a violating vehicle by or under order of the City does not prevent prosecution for any violation of this Ordinance.
- The presence of any vehicle on any street when standing or parking in violation of this Ordinance is prima facie evidence that the registered owner of the vehicle committed or authorized the commission of the violation.
Section 8. Impoundment.
- Any vehicle parked on a public street after 8:00 a.m. the day after a snow emergency exists shall be towed away to a place of safekeeping for impoundment. The City of Wabasso Police Department , Maintenance Department, or Street Commissioner are hereby independently empowered to request any private garage or towing service to tow away and impound any vehicles in violation hereof.
- Any vehicle towed away and impounded under this Ordinance may be claimed and recovered from the City after payment to the City for all towing and storage charges. The City does not assume any responsibility for any damage done during towing and impoundment under this ordinance.
- Not more than seventy-two (72) hours after impoundment of any vehicle, the City Clerk shall mail a notice to the registered owner of the vehicle as may be disclosed by the vehicle license number, if such is obtainable, and to any other person, including lien holders, who claims a right to possession of a vehicle if such a claim is known. In the case of an unregistered vehicle, it shall me mailed to the person believed to be the owner or to have an interest in said vehicle. The notice shall be mailed to the registered owner at the address provided by the Motor Vehicle Division of the MN Dept. of Public Safety or the last known address if unregistered. If the City Clerk has a reason to believe that an owner, or one who claims to be an owner, is residing or in custody at some different address, a copy of the notice shall also be mailed or personally delivered to such owner or claimant in a manner designed, as nearly as may be practicable to give actual notice to him or her. The notice shall contain the full particulars of the impoundment, redemption and opportunity for a hearing to test the propriety of the impoundment. If a vehicle was redeemed prior to the mailing of the notice, then such notice need not be mailed. Saturdays, Sundays, and holidays are to be excluded from the calculation of the seventy-two hours.
- Vehicles which are not redeemed within thirty (30) days from the date of the impoundment are subject to sale utilizing the same procedures as apply to the sale of personal property by a lender having a security interest in and to said personal property.
Section 9. Penalty. Any person, firm or corporation violating the provisions of this Ordinance shall be guilty of a petty misdemeanor and may be punished with a maximum fine applicable to petty misdemeanors.
Section 10. Repealing Inconsistent Ordinances. Any Ordinance inconsistent with this Ordinance on snow emergencies and the removal of snow from the streets and sidewalks is hereby repealed.
Section 11. This Ordinance shall be in full force and effect from and after its passage and publication according to law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Wabasso on this 14th day of February 1994.
Mayor, John Van Loy (acting)
Marilyn J. Davis
Title Summary Published in the Wabasso Standard on February 17, 1994