07-044-O

ORDINANCE NO. __________


AN ORDINANCE GOVERNING PARKING ON NON-SNOW EMERGENCY ROUTES DURING SNOW EMERGENCIES, AMENDING SECTIONS 33-97.1, 33-97.3, 33-97.4 AND 33-97.8 OF THE DULUTH CITY CODE, 1959, AS AMENDED.

 

BY COUNCILOR REINERT:

The city of Duluth does ordain:

     Section 1. That Section 33-97.1 of the Duluth City Code 1959, as amended, is hereby amended to read as follows:

Sec. 33-97.1.    Snow emergency routes--parking regulated.

     (a)  Whenever the director of public works, or his representative, determines that existing weather conditions or forecasted weather conditions require that traffic be expedited or snowplowing be carried out on certain routes hereinafter designated, he shall put into effect the snow emergency prohibitions established by this Article by declaring, in a manner prescribed by this Article, that a snow emergency exists;

     (b)  Once in existence, a snow emergency under this Article shall remain in effect until terminated by announcement of the director of public works, or his representative, in accordance with this Article;

     (c)  No person shall park or allow to remain parked, any vehicle on any portion of any public street or highway in violation of the snow emergency provisions of this Division a snow emergency route when a snow emergency exists;

     (d)  Not withstanding the provisions of Section 33-97.8 below, commencing at 8:00 a.m. on the morning next following the declaration of a snow emergency and for 24 hours thereafter or until the street or highway has been plowed from curb line to the opposite parking lane, whichever occurs first, vehicular parking on streets and highways other than a snow emergency routes shall be prohibited on the side of the street or highway upon which parking is prohibited by Section 33-97.8(a) below;

     (e)  Not withstanding the provisions of Section 33-97.8 below, commencing at 8:00 a.m. on the second morning next following the declaration of a snow emergency and for 24 hours thereafter or until the street or highway has been plowed from curb line to the opposite parking lane, whichever occurs first, vehicular parking on streets and highways other than a snow emergency routes shall be prohibited on the side of the street or highway upon which parking is permitted by Section 33-97.8(a) below.

     Section 2. That Section 33-97.3 of the Duluth City Code 1959, as amended, is hereby amended to read as follows:

Sec. 33-97.3.    Same--Operation of vehicles.

     (a)  No person operating a motor vehicle on a snow emergency route, when a snow emergency exists, shall allow such vehicle to become wholly or partly stalled because the drive wheels thereof are not equipped with tire chains or snow tires;

     (b)  No person operating a motor vehicle on a snow emergency route, when a snow emergency exists, shall allow such vehicle to become stalled because the motor fuel supply is exhausted or the battery has become inoperative;

     (c)  No person shall allow a motor vehicle owned by, operated by or under his or her control to be parked or otherwise left standing on any street or highway at a location where parking is prohibited during a time when parking at such location is prohibited by the snow emergency provisions of this Division.

     Section 3. That Section 33-97.4 of the Duluth City Code 1959, as amended, is hereby amended to read as follows:

Sec. 33-97.4.    Same--Stalled vehicles.

     Whenever a vehicle becomes stalled for any reason, whether or not in violation of this Article, on a snow emergency route, when a snow emergency exists, the operator of such vehicle shall take immediate action to have the vehicle towed or otherwise removed so as not to be in violation of the snow emergency provisions of this Division pushed from the roadway of such snow emergency route. No person shall abandon or leave his vehicle in the roadway in violation of this Division of a snow emergency route when a snow emergency exists.

     Section 4. That Section 33-97.8 of the Duluth City Code 1959, as amended, is hereby amended to read as follows:

Sec. 33-97.8.    Alternate side parking.

     (a)  Except as provided in part (b) of this Section, all persons parking vehicles on streets and highways shall park such vehicles according to the following system:

           Beginning 12:01 a.m. on November 1, 1973, and until the end of the week in which November 1, 1973, falls and during every second week thereafter, vehicles shall be parked on that side of the street or avenue which abuts premises, whether improved or unimproved, that are or may be identified with reference to odd numbered addresses.

           During the week following the week in which November 1, 1973, falls and during every second week thereafter, vehicles shall be parked on that side of the street or avenue which abuts premises, whether improved or unimproved, that are or may be identified with reference to even numbered addresses.

           Every Sunday between the hours 4:00 p.m. and 8:00 p.m. shall be a changeover period and the provisions of this Section shall not be in force during such time.

           For purposes of this Section, the term "week" shall designate a period beginning and ending at 8:00 p.m. Sunday;

     (b)  Part (a) of this Section shall not be applicable to:

           (1)  Any space during the time that the space is regulated as a truck zone or a loading zone pursuant to Section 33-87 of this Chapter;

           (2)  Any space designated as a bus stop or a taxicab stand pursuant to Section 33-88 of this Chapter;

           (3)  Any police business zone established pursuant to Section 33-88.1 of this Chapter;

           (4)  That portion of any street or avenue designated as a no parking zone or space pursuant to sections 33-96 or 33-97 of this Chapter, except where expressly authorized in the resolution establishing the zone, and that portion of any street or avenue designated as a parking meter zone pursuant to Section 33-108 of this Chapter; and if a parking area on only one side of a street or avenue is so designated, the parking area on that portion of the street or avenue directly opposite the designated portion;

           (5)  Parking on any street in conformance with the requirements of this Division during a snow emergency declared pursuant to Section 33-97.1 above Any parking area of that portion of a street or avenue designated as a snow emergency route pursuant to Section 33-97.2 of this Chapter;

           (6)  That portion of any street or avenue which is designated as a no stopping or standing zone pursuant to Section 33-97.9 of this Chapter;

     (c)  The city council, by resolution, may exempt any street or highway from the provisions of part (a) of this Section for the period each year beginning at 12:01 a.m. June 1 and ending 11:59 p.m. October 31;

     (d)  The council may, by resolution, limit the hours of the day during which alternate side parking applies to any street, avenue or any designated portion thereof. Any such limitation shall be noticed by official signs posted adjacent thereto designating the hours when alternate side parking is applicable and designating the area to which the limited applicability of alternate side parking is applicable. During times when alternate side parking is not applicable to any area so designated, other applicable parking limitations and restrictions shall apply.

     Section 5. That this ordinance shall take effect 30 days after its passage and publication.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved as to form:

 

 

 

                                

Attorney

 

COUNCIL REQ/ATTY REA:nmj 7/9/2007

 

STATEMENT OF PURPOSE:  The purpose of this ordinance is require that parking of vehicles during snow emergencies be regulated to accommodate snow plowing operations on streets other than snow emergency routes.

 

Historically, the city has designated a number of streets as “snow emergency routes” and has controlled operation and parking of vehicles on those streets. Snow removal on the remainder of the city’s streets have been controlled by calendar parking which can result in streets not being plowed from curb to curb for over a week.

 

This proposed ordinance would leave the snow emergency structure in place for the designated routes, but would provide for the removal of snow from all other streets over the next two days. On the first day, snow emergency routes would be plowed. On the second day snow would be removed from the side of the street which, under the calendar parking rules, is not supposed to be used for parking anyway. But on the third day, the calendar parking rules would be temporarily over-ridden and parking would be moved to the other side of the street to allow what would otherwise be the “parking side” for that week to be cleared of snow. As soon as plowing work had been completed, parking on the street would revert to regular calendar parking rules.

 

Vehicles parked or otherwise stopped in violation of the newly-extended snow emergency ordinance would be subject to being ticketed and towed as is the case under the present ordinance.