1. law, govt and politics

Proposed Amendments To:
Ordinance No. 99-45 (Amended)
AN ORDINANCE REVISING THE PARKING ORDINANCE IN THE CITY OF
LAFAYETTE, INDIANA
WHEREAS, it is in the best interests of the citizens of Lafayette to have a revised
parking ordinance that addresses matters of public safety and convenience;
WHEREAS, the continued revitalization of the downtown and surrounding areas
necessitates a revision of the current parking ordinance;
WHEREAS, the revision of the parking ordinance will enhance traffic flow and
will enable more effective traffic management during snow days; and
WHEREAS, the members of the Transportation and Parking Committee, after
public input and discussion, have concluded that the revised parking ordinance addresses
the parking needs of the city of Lafayette.
NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of
Lafayette that the Municipal Code of Ordinances shall be amended to include the
following in chapter 7.06 Stopping, Standing and Parking:
7.06.010
PROHIBITING THE STOPPING, STANDING OR PARKING OF A
VEHICLE.
The provisions of this subchapter prohibiting the stopping, standing or parking of a
vehicle shall
apply at all times or at those times herein specified or as indicated on official signs,
except when it is necessary to stop a vehicle to avoid conflict with other traffic or in
compliance with the direction of a police officer or official traffic-control device.
7.06.020
AUTHORITY TO RESTRICT PARKING.
The Parking Commission shall direct the placing of signs or markings indicating how
parking may occur or where it shall not occur. The Parking Commission shall ensure that
at least one (1) sign or marking indicating parking restrictions is placed per block. No
person shall park or stand a vehicle except in obedience to such signs or markings. No
parking regulations or restrictions based upon time shall be effective until signed.
7.06.030
TEMPORARY STOPPING, STANDING, AND PARKING.
Nothing in this section shall be construed to prohibit the standing at or adjacent
to the curb of any streets enumerated in this section of a passenger vehicle temporarily for
the reasonable and expeditious loading or unloading of passengers, if such loading or
unloading shall not consume more than five (5) minutes; nor the standing at or adjacent to
the curb of any such streets of a commercial vehicle or of any vehicle actually used for a
commercial purpose, whether occupied or not, temporarily for the reasonable and
expeditious loading, unloading, delivery or pickup of materials or merchandise, if such
loading, unloading, delivery or pickup shall not consume more than twenty (20) minutes;
nor the standing of a passenger or commercial vehicle upon any such roadway while such
vehicle is temporarily disabled and during the time reasonably necessary for its removal
therefrom, if such standing shall not consume more than thirty (30) minutes; nor the
standing of a regularly licensed taxicab or bus, respectively, within a regularly established
taxicab stand or bus zone, as permitted in this Code or other ordinances of the city, or
while such taxicab or bus is taking on or discharging passengers in such zone or stand,
the taking on or discharging of which does not consume more than five (5) minutes.
7.06.040
PARKING NOT TO OBSTRUCT TRAFFIC.
(A)
No person shall stand or park any vehicle upon a street or alley in any part of the
traveled portion of the roadway, except as required by other stopped traffic.
(B)
No person shall stand or park any vehicle upon a street or alley in such a manner
or under such conditions as would leave available less than ten (10) feet of the width of
the roadway for free movement of traffic.
7.06.050
STANDING OR PARKING CLOSE TO CURB.
No person shall stand or park a vehicle in a roadway other than parallel with the edge of
the roadway, headed in the direction of lawful traffic movement and with the right-hand
wheels of the vehicle within twelve (12) inches of the curb edge of the roadway, except as
otherwise provided in this chapter, and no person shall park any vehicle between the curb
and sidewalk on any street right-of-way in the city, unless permission is therefor given by
the Parking Commission.
7.06.060
ANGLE PARKING ON STREETS.
(A)
The Parking Commission shall determine on what streets angle parking shall
be permitted and shall mark or sign such streets.
(B)
On those streets that have been signed or marked for angle parking, no person
shall park or stand a vehicle other than at an angle to the curb or edge of the roadway
indicated by such signs or markings.
7.06.070
PARKING LOTS.
In any city owned or controlled parking lot or garage, unless otherwise directed, all
vehicles shall be parked so as not to encroach on an adjoining parking stall in any
direction, nor shall any cars be parked in any parking lot or area so as to encroach or hang
over onto any sidewalk, street, or alley.
7.06.080
PRIVATE PARKING LOTS.
In any privately owned parking lot or garage, it shall be mandatory for the owner of such
parking lot or garage to display at all vehicular entrances to such parking lot or garage,
signage prohibiting unauthorized parking in a form prescribed by the Parking
Commission.
7.06.090
PARKING OF VEHICLES IN ANY CITY PARK.
The Lafayette Board of Parks and Recreation is authorized to make any section of this
subchapter applicable to the parking of vehicles in any city park by entering the same on
the records of the Board and posting signs in accordance therewith at locations so
regulated.
7.06.100
SIZE OF VEHICLE RESTRICTIONS.
(A)
No person shall park a truck that is wider than eight (8) feet or higher than ten
(10) feet or longer than twenty-eight (28) feet, which dimensions shall include any load
carried thereon on any street, except when loading or unloading as provided by this
chapter or other ordinances of the city.
(B)
No person shall park a semi-trailer, either alone or coupled to a tractor on any
street, that is, when alone or coupled to a tractor, wider than eight (8) feet, or higher than
ten (10) feet, or longer than thirty-six (36) feet, which dimensions shall include any load
carried thereon, except when loading or unloading as provided by this chapter or other
ordinances of the city.
(C)
No person shall park a bus that is wider than eight (8) feet or higher than ten (10)
feet or longer than twenty-eight (28) feet on any street, except when loading or unloading
passengers as provided by this chapter or other ordinances of the city.
(D)
No person shall park any vehicle whose gross weight, including any load,
exceeds seven thousand (7,000) pounds on any street, except when loading or unloading
as provided by this chapter or other city ordinances.
(E)
No person shall park any vehicle wider than seven and one-half (7.5) feet on any
unimproved street or any street whose paved surface is less than forty (40) feet in width,
except when loading or unloading as provided by this chapter or other ordinances of the
city.
(F)
No person shall park any vehicle over seven (7) feet high within fifty (50) feet of
any intersection, except when loading or unloading as provided by this chapter or other
ordinances of the city.
(G)
No person shall park a camper, or trailer of any kind or type on any street that is
not coupled to a vehicle capable of legally towing that trailer.
7.06.110
PARKING OF CERTAIN TRUCKS AND COMMERCIAL
VEHICLES RESTRICTED.
(A)
Overnight parking. It shall be unlawful for the owner, operator, or driver of any
commercial vehicle or truck with more than two (2) axles, or for the person in charge
thereof, to park such vehicle or to permit it to be parked or to stand upon any street or
alley in the city between the hours of 12:00 midnight and 6:00 a.m. for a period of time
longer than one (1) hour.
(B)
Residential districts. It shall be unlawful for the owner, operator, or driver of
any commercial vehicle or truck with more than two (2) axles (including the truck-tractor
of a semi-trailer), or for the person in charge thereof, to park such vehicle or to permit it
to be parked or to stand upon any street or alley in a residential district for a period of
time longer than four (4) hours, except household or other moving or delivery trucks
while actually loading or unloading property for adjacent residences or service trucks or
persons while engaged in service calls at adjacent residences.
(C)
Commerial vehicle defined. For purposes of this section, a commercial vehicle
shall not include municipal or other government vehicles, public utility vehicles, vehicles
delivering services, or authorized emergency vehicles, nor shall political stickers, signs,
or advertisements constitute a business, service, or product. Commercial vehicles shall
include every vehicle designed, maintained, or used primarily for the transportation of
property.
7.06.120
PARKING FOR CERTAIN PURPOSES PROHIBITED.
No person shall park a vehicle on the streets or roadway for the purposes of:
(1)
Displaying the vehicle for sale;
(2)
Washing, greasing, or repairing such vehicle for commercial purposes, except
repairs necessitated by an emergency;
(3)
Displaying advertising of any nature.
7.06.130
PARKING PROHIBITED IN SPECIFIED PLACES.
(A)
No person shall stop, stand, or park a vehicle, except when necessary to avoid
conflict with other traffic or in compliance with law or the directions of a police officer or
traffic-control devise, in any of the following places:
On a sidewalk or between sidewalk and curb;
Within five (5) feet on either side of a public or private driveway;
Within an intersection;
On a crosswalk;
Within ten (10) feet of a crosswalk at an intersection;
Within fifteen (15) feet of a fire hydrant;
Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or trafficcontrol signal located at the side of a roadway;
Between a safety zone and the adjacent curb or within thirty (30) feet of points on the
curb immediately opposite the ends of a safety zone, unless a different length is indicated
by signs or marking;
Within fifty (50) feet of the nearest rail of a railroad crossing;
Within twenty (20) feet of the driveway entrance to any fire station and on the side of a
street opposite the entrance to any fire station within seventy-five (75) feet of such
entrance, when properly sign posted;
On a the roadway side of any vehicle stopped or parked at the edge or curb of a street,
except when loading or unloading as provided by this chapter or other ordinances of the
city;
On any bridge or other elevated structure, except where indicated otherwise;
On a highway or within a highway tunnel;
Upon any islands which separate traffic lanes;
Where official signs or markings have been erected or painted prohibiting parking or
stopping.
(B)
This section shall not apply to any emergency vehicle of a Fire Department,
Police, or Sheriff Departments, Emergency Medical Services, official vehicles of the city,
county, or state, official volunteer firefighters and emergency medical technicians, and
any other type of departmental equipment used by them, while and where actually
engaged in authorized work upon the surface or other portions or appurtenances to a
highway, except that all such persons shall exercise reasonable care to avoid injury to any
person or damage to any property. This section shall not apply to those vehicles stopping
or standing when in a line of traffic due to official traffic-control devices, signals, or
orders of public safety officers.
7.06.140
PARKING ON PUBLIC PROPERTY RESTRICTED.
No person shall park a vehicle which is not driveable or is out of commission nor shall
any person store any vehicle, whether in running order or not, on any street, alley, or city
controlled parking lot or garage for a period of longer than five (5) days continuously.
Any unauthorized vehicle found in violation of such provisions of this section shall be
removed under proper order of any police officer at the expense of the owner of such
vehicle.
7.06.150
PARKING ON PRIVATE PROPERTY RESTRICTED.
It shall be unlawful for any person to store or allow to remain in the open, on private
property within the city, any disassembled, inoperable, or unlicensed, or any junked,
wrecked, or abandoned motor vehicle for a period of fifteen (15) days continuously,
unless it is in connection with an automotive sales or repair business enterprise which
operates under a duly issued and exhibited store license and is located in a properly zoned
area.
7.06.160
YARD PARKING PROHIBITED.
No person shall operate or park any motor vehicle on any portion of a lot in any
residential district other than on a drive or approved parking area. No person shall
operate or park any motor vehicle on any portion of a lot in any residential district in a
way requiring driving the vehicle over the curb instead of through a curb cut.
7.06.170
UNAUTHORIZED PARKING ON PRIVATE PROPERTY.
(A)
Private property. Private property is defined as any property, private road or
driveway, and or parking lot not open to the use of the public for purposes of vehicular
traffic.
(B)
Unauthorized parking prohibited. It shall be unlawful for any person to park any
motor vehicle, house trailer, one, two, or three wheel trailers, tractor trailer or any other
type of motorized or non-motorized conveyance ordinarily pulled or attached to a motor
vehicle, on any private property without the express or implied consent or authorization
of the owner, holder, occupant, lessee, agent, or trustee of such property. A complaint for
the violation of this section shall be made by the owner, holder, occupant, lessee, agent,
or trustee of such property to the City of Lafayette Police Department.
(C)
Complaints. A complaint for the violation of this section shall be made
on the form prescribed by the Police Chief and signed by the complainant. The vehicle
shall be cited for a violation of this section and/or other ordinances of this city and may
be removed immediately pursuant to section 7.06.310.
7.06.180
PARKING IN PASSENGER AND LOADING ZONES.
It shall be unlawful for the driver or operator of any vehicle to park such vehicle, or
permit it to stand, in an officially designated passenger zone or loading zone, except that
the operator of any passenger vehicle may temporarily stop such vehicle in or adjacent to
any such zone for any of the purposes permitted for bus stop zones and taxicab stands.
7.06.190
OBSERVANCE OF EMERGENCY ACCESS OR FIRE LANES.
(A) It shall be unlawful for the owner, driver, or operator of any vehicle to park or
stop such vehicle or to permit such vehicle to be parked or to stand at any time, or to
place any other personal property upon or in any marked emergency access or fire lane.
Any vehicle or other personal property found to be obstructing an emergency access or
fire lane shall be cited by any law enforcement officer or fire prevention personnel with
jurisdiction and may be immediately removed pursuant to section 7.06.310. The owner
of the vehicle or personal property shall be liable for all tow-in and resulting storage
charges.
(B)
Areas determined to be emergency access or fire lanes shall be designated “towaway zones” and shall be so marked and posted.
(C)
Where acceptable feasible, the pavement of fire lanes shall be marked with the
words “No Parking Fire Lane” in large visible letters and a stripe of no less than four (4)
inches in width installed fifteen (15) feet from the sidewalk, curb, or other items adjacent
to the building in question. The words “No Parking Fire Lane” shall be between the
stripe and the sidewalk, curb, or other items adjacent to the building;
(D)
All curbs, striping, and language required on pavement, shall be marked in
coloration with paint or other types of substances that may be approved by the Traffic
Department.
7.06.200
PARKING TIME LIMITS.
The provisions of the sections in this subchapter imposing a time limit on parking shall
not relieve any person from the duty to observe other and more restrictive provisions of
this chapter prohibiting or limiting the stopping, standing, or parking of vehicles in
specified places or at specified times.
7.06.210
AUTHORITY TO DESIGNATE.
When not otherwise provided herein, the Parking Commission shall determine the
necessity for and designate the location of streets and portions of streets on which the
parking of vehicles shall be permitted for a limited time only and/or where vehicles may
park only on designated days where posted by signs.
7.06.220
REMOVAL OF MARKINGS INDICATING TIME ELAPSED
PROHIBITED.
It shall be unlawful for any person to remove, hide, or vandalize in any way any markers
or indicators showing the length of time a vehicle has been parked in a specific parking
space or block where time restrictions are in effect.
7.06.230
OVERTIME PARKING PROHIBITED.
(A)
It shall be unlawful for any person to park a motor vehicle for a longer time than
is permitted by any sign erected pursuant to this subchapter.
(B)
Where time limits are in effect, such time limits shall apply to all designated
parking spaces on a single side of a street on a single block. As such, it shall be unlawful
to relocate a vehicle whose time has expired to another position on the same side of the
street within the same block.
7.06.240
SPECIAL PARKING PRIVILEGES FOR CERTAIN PERSONS OR
VEHICLES IN CERTAIN LOCATIONS.
(A)
Notwithstanding any prohibitions or restrictions elsewhere in this chapter upon
parking or temporary stops applicable to the general public, the following persons or
vehicles are hereby granted the special parking privileges set out in this section:
(1)
Service and contractor vehicles may be issued permits under procedures
authorized by the Parking Commission which allow such vehicles to park without regard
to time limits. A permit issued under this section shall be displayed in the left rear
window or drivers door window at the time any such vehicle is parked in such time
restricted area.
(2)
The Parking Commission is authorized to restrict parking spaces on the
streets of the city or any city owned, leased, or controlled parking lot or garage for the
permanent use of designated official vehicles or for the temporary use, not to exceed
thirty (30) days, of other persons, when in the opinion of the Parking Commission the
work of such persons requires their exclusive use of such spaces.
7.06.250
PRIVILEGES FOR PHYSICALLY HANDICAPPED PERSONS.
(A)
As used in this section, “physically handicapped person” means:
Any person who has been issued a placard by the Division of Rehabilitation Services of
the Indiana Department of Human Services pursuant to I.C. 4-28-10-24; or
Any person who has been issued a handicapped registration plate for a motor vehicle
pursuant to I.C. 9-7-4.1; or
Any person who has been issued a disabled veteran’s registration plate pursuant to I.C. 97-4.
(B)
The Parking Commission shall reserve parking spaces on public streets within the
downtown area of the city for the exclusive use of physically handicapped persons
provided that such designation shall not authorize handicapped parking in such spaces for
such time periods or during hours when parking is otherwise prohibited at such location.
(C)
Physically handicapped persons who park at designated spaces shall display on
their vehicle either a placard issued pursuant to I.C. 4-28-10-24, a handicapped
registration plate issued pursuant to I.C. 9-7-4.1, or a disabled veteran’s registration plate
issued pursuant to I.C. 9-7-4. Failure to display such placard or plate shall be a violation
of this section and shall subject the owner or operator of the vehicle to the penalties
provided for violations of this chapter.
(D)
Physically handicapped persons who park at designated spaces shall be
subject to all restrictions and requirements applicable to such spaces, including time
restrictions. Failure to comply with such restrictions and requirements is a violation of
this section and shall subject the owner or operator of the vehicle to the penalties
provided for violations of this chapter.
(E)
A vehicle displaying the placard or license plate required in subsection (C), above,
is eligible to be parked in the designated spaces only when the vehicle is being operated
by or is providing transportation for the person to whom the placard or license plate has
been issued. Failure to comply with this restriction is a violation of this section and shall
subject the owner or operator of the vehicle to penalties provided for violations of this
chapter.
(F)
Any person who parks at a space designated pursuant to subsection (B) and who
fails to display the placard or plate required by subsection (C) or who is not eligible to
obtain such a placard or plate shall be in violation of this section. Such violation shall
subject the owner or operator of the vehicle to penalties provided for violation of this
chapter.
7.06.260
PASSENGER AND FREIGHT LOADING ZONES.
The Parking Commission is authorized to determine the location of, and establish,
passenger and freight loading zones, bus stops, and taxicab stands, in such places and in
such number as it shall determine to be of the greatest benefit and convenience to the
public. The Parking Commission shall place and maintain signs indicating the same and
stating the hours during which the provisions of this section are applicable.
7.06.270
PARKING OF BUSES AND TAXICABS.
(A)
The operator of a bus shall stop on a public street in such a manner that the bus,
when stopped to load or unload passengers or baggage, shall be in a position with the
right front wheel of such vehicle not further than eighteen (18) inches from the curb and
the bus approximately parallel to the curb so as not to unduly impede the movement of
other vehicular traffic.
(B)
The operator of a taxicab shall not stand or park such vehicle on any street at any
place other than in accordance with other stopping or parking regulations at any place for
the purpose of and while actually engaged in the expeditious loading or unloading of
passengers.
7.06.280
LEAVING TAXICAB UNATTENDED IN TAXICAB STANDS
PROHIBITED.
It shall be unlawful for the driver or operator of any taxicab, while such taxicab is parked
or standing in any taxicab stand, to leave the driver’s seat thereof for a period longer than
five (5) minutes, or to leave the vicinity of the taxicab so that he or she cannot respond to
a call for the use of the taxicab or move the vehicle in the event of any emergency or hear
the oral direction of a police officer or other person, authorized to direct traffic, to move
his or her taxicab within or away from the taxicab stand.
7.06.290
LOADING AND UNLOADING OF TRUCKS.
(A)
Angle parking and perpendicular parking of trucks for loading or
unloading purposes is prohibited at all times.
(B)
Any commercial vehicles defined in section 7.06.110 may load or unload in a
marked zone or alley, with a time limit of thirty (30) minutes per stop.
(C)
Any truck of any size may load or unload from a parked position parallel to the
curb at positions other than within prohibited zones and loading zones, but shall be
subject to the same parking time limit as would other vehicles in the same position,
unless issued a permit pursuant to section 7.06.240.
(D)
No truck shall load or unload in such a manner as to impede the free flow of
traffic.
(E)
The Parking Commission shall reserve and designate a loading zone within a
distance of one block of any business within the downtown area of the city which does
not have an available alley or other off-street loading facilities in locations where ordinary
on-street parking space is not generally available for loading and unloading purposes.
(F)
In cases in which commercial vehicles in the downtown area do not fit within
designated loading zones or alleys for the purpose of loading or unloading, double
parking may be permitted within the following parameters:
Double parking for purposes of loading or unloading shall only occur during hours
designated by the Parking Commission;
A time limit of twenty (20) minutes shall be imposed on any vehicle that is double parked
for purposes of loading or unloading;
Flashers shall be used at all times such vehicles are double parked; additionally, after day
light hours, orange triangles or cones shall be placed around such double parked vehicles
as a warning to moving traffic.
(G)
In the event of any special loading or unloading problem in any business district,
application may be made to the police department for a special permit.
7.06.300
PARKING AFTER SNOW.
Whenever, as determined by the Mayor, or designee, or the City Street Commissioner, a
snow emergency exists, it shall be unlawful to park vehicles on emergency snow routes.
Snow emergency routes shall be appropriately signed as determined by the Parking
Commission. Any vehicle parked or stopped on such streets at the time a snow
emergency is declared shall have twelve (12) hours to vacate the above stated emergency
snow routes to allow for proper snow plowing. Any vehicle remaining on emergency
snow routes after twelve (12) hours shall be determined to be blocking efficient snow
removal and may be removed at the owners' expense by any member of the Police
Department or the Street Department and taken to the nearest garage or other place of
safety for storage until claimed by the owner of such vehicle. This section on parking
after snow shall remain in effect from the time a snow emergency is declared until such
time as the emergency is declared passed by the Mayor, or designee, or the City Street
Commissioner.
7.06.310
TOWING.
(A)
Members of the Police Department are hereby authorized to immediately remove
a vehicle under the circumstances herein enumerated as determined by the officer:
(1)
When any vehicle is left unattended upon any bridge, viaduct, or
causeway or in any tube or tunnel where such vehicle constitutes an obstruction to
traffic.
(2)
When a vehicle upon a highway is so disabled as to constitute an
obstruction to traffic and the person in charge of the vehicle is by reason of
physical injury incapacitated to such an extent as to provide for its custody or
removal.
(3)
When any vehicle is left unattended in any so marked emergency
access lane or fire lane or within fifteen (15) feet of any fire hydrant;
(4)
When any vehicle is left unattended upon a street or alley and is
so parked illegally as to constitute a definite hazard or obstruction to the normal
movement of traffic.
(5)
When any unauthorized vehicle is left unattended on any private
property, including multi-family residential housing property, retail
establishments, professional offices, a house of worship, or a public building
where all vehicular entrances to such parking lots have signs posted prohibiting
unauthorized parking, in a form prescribed by the Parking Commission.
(6)
When any unauthorized vehicle is left unattended in parking spaces that
are designated and marked as reserved parking spaces.
(7)
When, in the opinion of the investigating officer, the
illegal parking of the vehicle is causing an emergency situation by preventing
proper ingress or egress of any foot or vehicular traffic or by preventing free
movement of traffic, or the record shows that the vehicle has had a prior citation
for unauthorized parking at the same location.
(8)
When any vehicle lacking the appropriate parking permit is parked for
longer than five (5) days on any street, alley, or city controlled parking lot or
parking garage.
(9)
When any vehicle is remaining on a snow emergency route twelve (12)
hours after a snow emergency has been declared by the Mayor, or designee, or the
City Street Commissioner.
(B)
In any other violation of parking restrictions not listed above in subsection (A), all
violators shall be ticketed and given a time period of four (4) hours to remove such
vehicle from the restricted location. Once the four (4) hour time period has elapsed, any
law enforcement officer may remove such vehicle at the expense of the owner of such
vehicle. In the event a vehicle is towed or personal property is removed pursuant to
this chapter, the owner of the vehicle shall be liable for all tow-in and resulting
storage charges.
Whenever an officer removes a vehicle from a street as authorized in this section
(C)
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
therefore 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.
7.06.320
VEHICLE.
PRESUMPTION IN REFERENCE TO ILLEGALLY PARKED
(A)
In any proceeding for violation of this chapter, the registration plate displayed on
such motor vehicle shall constitute in evidence a prima facie presumption that the owner
of such motor vehicle was the person who parked or placed such a motor vehicle at the
point where such violation occurred.
(B)
In any case in which a vehicle is parked so that any portion of such vehicle
extends outside of a single parking zone and into a different parking zone, the parking
rules of the more restrictive zone shall apply to such vehicle.
7.06.330
TRAFFIC PARKING TICKET ON ILLEGALLY PARKED
VEHICLE.
Whenever any motor vehicle without driver is found parked or stopped in
violation of any of the restrictions imposed by ordinance of this city or by state law, the
officer finding such vehicle shall take its registration number and may take any other
information displayed on the vehicle which may identify its user, and shall conspicuously
affix to such vehicle a traffic parking ticket or summons.
7.06.340
VEHICLE IMMOBILIZATION.
(A)
In the event the owner or operator of a vehicle shall have received three (3) or
more parking violations and/or violations of any other traffic laws of the state or
ordinances of the city, of which none have been paid, and after notification as required by
such traffic laws or ordinances to the owner or operator of his/her overdue fines, in
addition to any other issuance of warrant of arrest and/or penalties or fines permitted, the
vehicle may be immobilized when found on any public property, including any parking
garage, by employees of the city or any other person or firm that the city may appoint or
hire, by the use of what is known as a “wheel lock.” The owner or operator of the vehicle
can obtain possession of the vehicle by paying to the Police Department a service fee for
removal of the wheel lock and the fines as imposed on all overdue parking violations
and/or violations of any other traffic laws of the state or ordinances of the city, of such
owner or operator as of that date.
(B)
If, after the wheel lock has been attached to the vehicle, and the owner or operator
fails to respond within a twenty-four (24) hour period, the Police Department may cause
the vehicle to be towed and impounded until such time as the owner or operator has paid
such service fee, parking violations, and/or other fines and penalties. Within twenty-four
(24) hours after impoundment of the vehicle, the Police Department shall notify the
owner or operator of the fact that there was an impoundment, and the location thereof
along with a copy of the unpaid parking violations and/or other fines and penalties,
together with a copy of the ordinance codified in this section, such notification to be by
ordinary mail. All charges for towing and impoundment become the responsibility of the
owner or operator of the vehicle. An impoundment shall occur by having the vehicle
removed by a junk or salvage yard or wrecker service to their particular place of storage.
(C)
Wheel lock means any device which shall be placed on a wheel of a vehicle to
immobilize the vehicle.
7.06.350
PROCESS FOR ESTABLISHING A NEIGHBORHOOD PARKING
PERMIT AREA.
(A) Residents of an area who are adversely affected by commuter or other nonresident parking may request permit parking through their neighborhood association. If an
association does not exist, neighborhood residents should contact the Parking
Commission for assistance.
(B)
A neighborhood association may initiate the process by submitting a written
petition for designation as a Neighborhood Parking Permit (NPP) area to the Parking
Commission. The Parking Commission may adopt a form for such petitions. Upon its
adoption, neighborhood associations petitioning under the NPP program must use that
form. The petition shall include the proposed boundaries of the permit parking area, and
any other information the association believes is pertinent to the request.
(C)
The petition must be signed by representatives of the lesser of:
(1) at least fifty-one (51) percent of all Affected Properties; or
(2) sixty-seven (67) percent of all Owner-occupied Affected Properties.
(D)
The Parking Commission shall study the request to assess the nature and extent of
the parking problem as well as to determine the ramifications of implementing a NPP
program. If the Parking Commission concludes that sufficient justification exists to
proceed with development of an NPP program, it shall request city staff to prepare an
NPP program.
(E)
The NPP program shall balance all affected interests, including public safety,
neighborhood concerns, and the welfare of the general public. The NPP program shall
specify the Permit Area and the various duration parking restrictions that may apply
within portions of the NPP Area, which may be different than those requested in the
petition. The Parking Commission shall have final approval of the NPP plan.
(F)
An NPP program and NPP Area shall continue unless:
(1)
a petition requesting termination is received from representatives of at
least fifty-one (51) percent of the affected properties or thirty-four (34) percent of
the Owner-occupied Affected Properties;
(2)
the Parking Commission finds that resident participation in the NPP
program is inadequate to justify its continuation;
(3)
the Parking Commission, finds that the NPP program should be modified.
In any of the above events, the Parking Commission, after consultation with the
Neighborhood Association or group that originally requested the NPP program, shall
decide whether to continue the NPP program for the area.
7.06.990
PENALTY.
(A)
The following fines shall apply to violations of this chapter:
(1)
$10 for each overtime parking violation;
(2)
$10 for each violation of unauthorized parking on private property;
(3)
$25 for each violation of stopping or parking vehicles in fire lanes or
stopping, standing, or parking within fifteen (15) feet of any fire hydrant;
(4)
$10 for each violation of stopping or parking in a tow away zone or
stopping or standing in a loading zone in violation of any restrictions on
the zone;
(5)
$10 for each violation of parking in the traveled portion of the roadway
for any reason other than mechanical breakdown, or standing in the
traveled portions of the roadway for the purposes of freight loading or
unloading, in any business district or on any major or minor arterial street;
(6)
$10 for each violation of unauthorized parking in spaces reserved for
handicapped parking, in addition to penalties provided under the state law;
(7)
$10 for each violation for any other section of this chapter not otherwise
specified.
(B)
The additional fees and penalties for violators with unpaid parking violations shall
be established by the Parking Commission. If there are no other unpaid violations
outstanding, these charges may be waived under rules and procedures established by the
Parking Commission. In the event litigation is instituted by the City in order to enforce
any of the sections appearing in this ordinance chapter, if the city prevails it is entitled to
recover, in addition to any fine imposed, court costs and costs of litigation including a
reasonable attorney fee.
Any vehicle which has three (3) or more unpaid parking violations and is
(C)
observed parked on a public street or public way or any other public property may be
immobilized by police personnel after notification to the owner or operator of overdue
fees or fines. After being immobilized for a period of five (5) days without contact from
the vehicle owner, police personnel are authorized to remove the vehicle pursuant to
section 7.06.310 (A)(8). The owner of the vehicle may regain possession of the vehicle
by paying appropriate fees or fines.
(C)
Payment of fines, fees, and/or penalties shall be made at any location designated
by the Parking Commission.
(D)
All establishment or subsequent increases or amendments pertaining to
violations, changes of fees, penalties, waiver procedures, or designation of places of
payment or any other action by the Parking Commission under this section shall be made
at a public meeting and noted on the posted agenda of said meeting and shall be subject to
repeal by the Common Council.
(E)
Any penalty imposed under this section may be appealed to the Police Department
by filing an appropriate form stating the reason for the appeal in accordance with
procedures adopted by the Parking Commission.
7.06.995
EXCEPTIONS TO PENALTIES.
The Chief of Police or Traffic Department may, for specific purposes and for a limited
time, grant approval for parking of vehicles not in compliance with this chapter under
procedures approved by the Parking Commission.
The following sections shall be added to Title 2 Administration:
2.15.010
TRAFFIC COMMISSION.
(A)
There is hereby created a Traffic Commission the members of which shall serve
without compensation.
(B)
It shall be the duty of the Traffic Commission to coordinate traffic activities, to
carry on educational activities in traffic matters, to receive complaints relating to traffic
matters, and to recommend to the City Traffic Engineer ways and means of improving
traffic conditions, and the administration and enforcement of traffic regulations.
(C)
All such traffic restrictions and regulations shall be in compliance with the
American Association of State Highway and Transportation Officials: A Policy on
Geometric Design of Highways and Streets and Indiana’s Manual on Uniform Traffic
Control Devices for Streets and Highways.
2.15.020
COMPOSITION; APPOINTMENT; TERM; VACANCIES.
(A)
The Traffic Commission shall consist of the Mayor, the City Traffic
Engineer, the Traffic Operations Director, the Chief of the Lafayette Police Department
or designee, a representative of the Area Plan Commission staff, a representative of the
City Council selected by the City Council, and eight (8) citizen representatives who do
not hold any other elected or appointed city office and who shall be appointed by the
Mayor as follows:
(1)
One (1) representative recommended by the Lafayette School Board;
(2)
One (1) representative recommended by the Chamber of Commerce;
(3)
One (1) representative from each of the six (6) council districts of the
city;
(4)
One (1) ex officio representative from the Parking Commission.
(B)
The eight (8) citizen representatives shall be appointed to four (4) year terms,
half of which shall expire every two (2) years.
(C)
The Chair and Vice-Chair of the Commission shall be elected annually at the first
meeting after January 1 by the Commission and shall be from the eight (8) citizen
representatives.
(D)
All resignations of citizen representatives shall be filled for the unexpired term
by the Mayor, subject to the approval of the original recommending bodies, if any.
2.15.030
QUORUMS; RULES AND REGULATIONS; MEETINGS.
(A)
A quorum for the Traffic Commission shall be eight (8) voting members, at least
four (4) of whom shall be citizen representatives.
(B)
All members shall have one (1) vote, and no proxies or alternates shall be
permitted.
(C )
All actions shall be by the majority vote of members present.
(D)
The Traffic Commission shall hold monthly meetings with additional meetings
called by the chair of the Commission.
2.16.010
PARKING COMMISSION.
(A)
There is hereby created a Parking Commission.
(B)
It shall be the duty of the Parking Commission to establish all parking rules and
special zones within the Lafayette city limits. The Parking Commission shall determine
what parking restrictions are appropriate based upon traffic safety and the convenience
and welfare of nearby properties and their uses. Such restrictions may include whether
parking is permitted or not, a restriction upon the length of time of such parking by any
one vehicle in the same block, and restrictions on the time of day such parking is
permitted. All such restrictions and regulations shall be in compliance with the American
Association of State Highway and Transportation Officials: A Policy on Geometric
Design of Highways and Streets and Indiana’s Manual on Uniform Traffic Control
Devices for Streets and Highways.
(C)
The Parking Commission shall have the authority to enforce all stopping,
standing, or parking restrictions of City Code Chapter 7.06 within the Lafayette city
limits.
2.16.020
COMPOSITION; APPOINTMENTS; TERM; VACANCIES.
(A)
The Parking Commission shall consist of five (5) voting members chosen by the
Mayor as follows:
(1)
One (1) representative who is a member of the Redevelopment
Commission;
(2)
One (1) representative who is a member of the Board of Public Works
and Safety;
(3)
One (1) representative who is a resident of the City of Lafayette and has
been nominated by the Downtown Business Center or other organization
whose membership primarily represents downtown businesses and who is
a downtown property owner or downtown business owner.
(B)
The Mayor shall appoint, with the consent of the Common Council, two
additional members who are residents of the City of Lafayette.
(C)
The membership shall also include the following ex officio members, who may
not also serve as appointed members:
(1)
Director of the Lafayette Redevelopment Department or designee;
(2)
Lafayette City Engineer or designee;
Chief of the Lafayette Police Department or designee;
(3)
One (1) representative who is a member of the Traffic Commission.
(D)
Members who are representatives of the Redevelopment Commission, the Board
of Public Works and Safety, and ex officio members shall serve as long as they
are members of the designated bodies or hold the designated positions. Other
members shall serve an initial term expiring January 1, 2000, and every four (4)
years thereafter. All members shall serve at the pleasure of the Mayor.
(E)
Any vacancy shall be filled for the balance of the vacated term.
2.16.030
QUORUMS; RULES AND REGULATIONS; MEETINGS.
(A)
Three (3) members of the Parking Commission shall constitute a quorum.
(B)
All action shall be by the majority vote of members present.
(C)
All members of the Parking Commission shall have one (1) vote, and no proxies
or alternates shall be permitted.
(D)
The members of the Parking Commission shall meet at least quarterly.
Passed by the Common Council of the City of Lafayette, Indiana, this 6th day of
December, 1999, at their regularly scheduled meeting.
Dennis D. Probasco
s/s
Dennis D. Probasco, President
ATTEST:
Lisa Decker
s/s
Lisa Decker, City Clerk
Presented by me to the Mayor of the City of Lafayette, Indiana, on the 7th day of
December, 1999.
Lisa Decker
s/s
Lisa Decker, City Clerk
Approved and signed by me on the 7th day of December, 1999.
Dave Heath
s/s
Dave Heath, Mayor
ATTEST:
Lisa Decker
s/s
Lisa Decker, City Clerk
Sponsored by: Councilman Mike Smith