5.1. SR 04-21-1997~ity of
iver
MEMORANDUM
ITEM 5.1.
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Sandra Thackeray, City Clerk
April 21, 1997
City of Elk River Request for Ordinance
Amendment to Section 206.06, Fire
Chief Duties; Section 110.10, Parking
Regulations; and Section 1100.22, Police
and Fire Department Duties
PURPOSE OF AMENDMENT.
Amending the ordinance would give the Fire Chief authority to
enforce fire lane parking violations by issuing parking tickets.
ATTACHMENTS
1. Exhibit A - Red-lined copy of the draft ordinance
2. Exhibit B - Copy of the draft ordinance
3. Exhibit C - Resolution of parking fees
BACKGROUND
The Police Chief and the Fire Chief have requested that the Council
consider an ordinance amendment to the existing city code that
would give the Fire Chief the authority to enforce fire lane parking
violations. The existing ordinance only allows the Police
Department to issue parking tickets for fire lane violations.
An amendment is also proposed to section 1100.10 (8) which
incorrectly describes the terms for parking at the municipal parking
lots along the railroad tracks.
The Police Chief has requested that Section 1100.10 (1) relating to
penalties be corrected as the information in this outdated. The
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Chief suggested that parking fees be set by resolution so that they
can be reviewed from time to time. The resolution is attached.
ACTION REQUESTED:
1. Council Motion adopting the attached Ordinance Amendment
(Exhibit B.)
2. Council Motion adopting the attached Resolution (Exhibit C.)
\\elkriverXsyskshrdockcouncil\parkraemo.doc
EXHIBIT A
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 206.06, DUTIES OF FIRE
CHIEF, SECTION 1100.10, PARKING REGULATIONS AND SECTION
1100.22, POLICE AND FIRE DEPARTMENT DUTIES OF THE ELK
RIVER CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as
follows:
Section 1. That Section 206.06 of the City of Elk River
Code of Ordinance shall be amended by numbering the existing
subsection as 1, and by adding a new subsection 2, entitled Fire
Lane Citations which shall read as follows:
206.06 - DUTIES OF FIRE CHIEF
1. The Fire Chief shall have control of all the fire-fighting
apparatus and shall be solely responsible for its care and
condition. The Fire Chief shall make an annual report to the
Council by June on the condition of the equipment and needs of
the Fire Department. The Fire Chief shall be responsible for the
proper training and discipline of the members of the Fire
Department, and may suspend any member for refusal or neglect to
obey orders pending final action by the Fire Department members
on his discharge or retention.
2. Fire Lane Citations. The Fire Chief or a designee of the
Fire Chief shall have the power and authority to enforce the
provisions of Section 1100.10(9) of the City Code.
Section 2. That Section 1100.10 (8) A be amended to read as
follows and Section B be deleted:
1100.10 - PARKING REGULATIONS
Regulation of Certain Parking Areas.
A. The Municipal Parking lot~ along the Burlington
Northern Railroad are ~e designated contract or reserve
parking, the use of which requires that a parking sticker be
acquired from the City of Elk River paymcnt to the City of
an annual ~ ^~ Scvcnty ~ Dollars ($75 00) ~ ~ ....... ~
space.
D T~C + ..... ~" three (o~) parking ~p
of thc Hunicipal Parking Lot adjaccnt to Highway i0 arc
~^~ig
~ natcd ~^~
..... rac~ ~ .... ~-~ unti~ .... ~ +~^ as
~ rcscrvc F ....... ~, ............
along thc Burlington Northern Railroad tracks have boon
~ ~'~ .... ~ ~ ..... ~ ............. ~'"~~ At such time
~F~ ~ or reserve
~ .... ~ .... ~^~ ~' toDDinc, ~ ..... ~ ~'~ twenty'~
~ F ....... ~ ~F~ccs requires payment e~ eR~ n~e~ ~ an
space.
Section 3. That Section 1100.10 (9) A, B, i and ii of the Elk
River City Code of Ordinances be amended to read as follows:
1100.10 - PAI~KING REGULATIONS
9. Fire Lanes
A. The Chief of Police and/or the Fire Chief may, when
authorized by resolution of the Council, designate certain
streets or blocks, or portions of streets or blocks as
prohibited parking zones for fire lanes.
B. Whenever the owner of the property used, for or in
connection with business purposes, is required by ordinance
or by the conditions applicable to the issuance of a use,
building or occupancy permit, or by written order of the
Fire Marshal Fire Chief or the Chief of Police to maintain
driveways, access lanes, or other areas unobstructed by
parked or stopped vehicles for the purpose of ensuring
access or egress for police, fire, and emergency vehicles,
the owner or person in lawful possession of such property
shall place or cause to be placed a sign or signs as
follows:
i. The sign shall be placed in such a position that
it is visible to anyone attempting to use the way or
area for parking, stating: "No Stopping or Parking -
Violators Tagged and Towed by Order of the City
Council Fire Chief," or "No Parking - Fire Lane."
ii. The signs shall be permanent, non-portable
signs, except when temporary signs are approved by
written order of the Firs Marshal Fire Chief or Chief
of Police.
Section 4. That Section 1100.10 Subsection (10) of the Elk River
City Code of Ordinances be amended to read as follows:
EXHIBIT B
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 206.06, DUTIES OF FIRE
CHIEF, SECTION 1100.10, PARKING REGULATIONS AND SECTION
1100.22, POLICE AND FIRE DEPARTMENT DUTIES OF THE ELK
RIVER CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as
follows:
Section 1. That Section 206.06 of the City of Elk River
Code of Ordinance shall be amended by numbering the existing
subsection as 1, and by adding a new subsection 2, entitled Fire
Lane Citations which shall read as follows:
206.06 - DUTIES OF FIRE CHIEF
1. The Fire Chief shall have control of all the fire-fighting
apparatus and shall be solely responsible for its care and
condition. The Fire Chief shall make an annual report to the
Council by June on the condition of the equipment and needs of
the Fire Department. The Fire Chief shall be responsible for the
proper training and discipline of the members of the Fire
Department, and may suspend any member for refusal or neglect to
obey orders pending final action by the Fire Department members
on his discharge or retention.
2. Fire Lane Citations. The Fire Chief or a designee of the
Fire Chief shall have the power and authority to enforce the
provisions of Section 1100.10(9) of the City Code.
Section 2. That Section 1100.10 (8) A be amended to read as
follows and Section B be deleted:
1100.10 - PARKING REGULATIONS
Regulation of Certain Parking Areas.
A. The Municipal Parking lots along the Burlington
Northern Railroad are designated contract or reserve
parking, the use of which requires that a parking sticker be
acquired from the City of Elk River
Section 3. That Section 1100.10 (9) A, B, i and ii of the Elk
River City Code of Ordinances be amended to read as follows:
1100.10 - PARKING REGULATIONS
9. Fire Lanes
A. The Chief of Police and/or the Fire Chief may, when
authorized by resolution of the Council, designate certain
streets or blocks, or portions of streets or blocks as
prohibited parking zones for fire lanes.
B. Whenever the owner of the property used, for or in
connection with business purposes, is required by ordinance
or by the conditions applicable to the issuance of a use,
building or occupancy permit, or by written order of the
Fire Chief or the Chief of Police to maintain driveways,
access lanes, or other areas unobstructed by parked or
stopped vehicles for the purpose of ensuring access or
egress for police, fire, and emergency vehicles, the owner
or person in lawful possession of such property shall place
or cause to be placed a sign or signs as follows:
i. The sign shall be placed in such a position that
it is visible to anyone attempting to use the way or
area for parking, stating: "No Stopping or Parking -
Violators Tagged and Towed by Order of the Fire
Chief," or "No Parking - Fire Lane."
ii. The signs shall be permanent, non-portable
signs, except when temporary signs are approved by
written order of the Fire Chief or Chief of Police.
Section 4. That Section 1100.10 Subsection (10) of the Elk River
City Code of Ordinances be amended to read as follows:
1100.10 - PAI~KING REGULATIONS
10. Pett~ Misdemeanor; Penalty. Any violation of any of the
provisions of Section 1100.10 shall constitute a petty
misdemeanor punishable by payment, upon conviction, of a fine as
determined by resolution by the City Council. The fine shall be
doubled if the fine is not paid within seven (7) days,and/or if
the violator has received a parking violation within the last
thirty (30) days.
Section 5. That Section 1100.22 of the Elk River City Code of
Ordinances be amended to read as follows:
1100.22 - POLICE AND FIRE DEPARTT4ENT DUTIES
The Police Department shall enforce the provisions of this
ordinance and the state traffic laws. In addition, the Fire
Chief or a designee of the Fire Chief may enforce the provisions
of Section 1100.10 (9). Police officers are authorized to direct
all traffic within the City, either in person or by means of
visible or audible signal, in conformity with this ordinance and
the state traffic laws. During a fire or other emergency or to
expedite traffic or safeguard pedestrians, officers of the Police
Department may direct traffic as conditions require
notwithstanding the provisions of this ordinance and the state
traffic laws. Officers of the Fire Department may direct or
assist the police in directing traffic at the scene of a fire or
in the immediate vicinity.
Section 5. That this ordinances shall take effect upon
publication as provided by law.
Passed and adopted by the City Council of the City of Elk River,
this day of , 1997.
Henry A. Duitsman
Mayor
ATTEST:
Sandra A. Thackeray
City Clerk
\ \elkriver \sys \shrdoc\document \ordinanc\ firepark, doc
EXHIBIT C
RESOLUTION 96-_
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION ADOPTING PARKING VIOLATION Fines
WI-IEREAS, the Elk River City Council has determined the following fines for
Parking Violations to be reasonable:
· Overtime Parking $ 5.00
· Prohibited/Improper Parking $ 10.00
· No Parking2am-6am $ 10.00
· Winter Parking Ordinance $ 10.00
· Other $ 10.00
· Fire Lane/Hydrant $ 15.00
· Handicap Parking Only $200.00
(Handicap Parking Fine set by State Statute)
WHEREAS, such fines that are not paid within seven (7) days shall be doubled;
and
WHEREAS, if a violator has received a parking violation within 30 days of the
recent parking violation, the fine shall be doubled.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk
River, Minnesota, hereby adopts the above-listed parking fines and
conditions under which such fines shall be increased.
Passed and adopted by the City Council of the City of Elk River this __
1997.
day of
ATTEST:
Henry A. Duitsman, Mayor
Sandra A. Thackeray, City Clerk
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