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6.13. SR 06-17-1996ITEM 6.13. rqty of iver MEMORANDUM TO: FROM: DATE: Council t~~ Mayor and City Kendra Lindahl, Zoning Assistan June 17, 1996 SUBJECT: Request by the City of Elk River to amend the City Code of Ordinances, relating to the Sale of Vehicles on Public and Private Property, Public Hearing Case No. OA 96-07 Request At the direction of the City Council, staff is recommending that the Elk River Code of Ordinances be amended to address the sale of vehicles on public and private property. Attachments · Proposed Amendment · Ordinance amendment OA 96-__ · Parking ordinances from Fridley, Blaine and Mounds View Background The City of Elk River has had a number of complaints relating to vehicles for sale. Frequently, problems arise because residents park these vehicles in the public right-of-way (ROW) or in their front yards. Unfortunately, this leads to traffic problems, erosion, and other safety issues. The City Council directed staff to prepare an ordinance amendment to address these issues. One of the best examples of this problem is on Hwy. 169 and 197th Avenue NW. Residents park their vehicles in the ROW because they know it is a high traffic area where their vehicle is likely to be seen. Unfortunately, the land they are parking on is in the highway ROW, and the land behind the ROW is not owned by them. Trespassing is but one of the issues associated with the sale of vehicles. S:\PLANNING\KENDRA\OA96-07.DOC 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 ° (612) 441-7420 · Fax: (612) 441-7425 If you take a look at this area, you will see that the grass is gone and it is a muddy mess (this was true even before they started grading the site for Menards). The erosion was caused by all of the vehicle traffic on this formerly grassy location. Staff visited the site this spring to investigate the vehicles for sale in the ROW and found that the traffic problems associated with that site are tremendous. It is an unsafe area for interested people to pull over and take a look at the vehicles for sale. If they drive up next to the vehicles on the grass, they are contributing to the erosion problem, and if they try to park on the street or highway they are blocking traffic. The same issues arise when residents park vehicles for sale on private property. They may still be contributing to the erosion problem by parking on the landscaped area and may cause safety or visibility problems if they park the vehicles on the corner of their lots. This issue is addressed, to some extent, in our zoning ordinance by prohibiting parking on landscaped areas, but staff believes it is important to address it in the parking section of Chapter 11 as well. Analysis The city has had limited success in resolving these parking issues. Part of the problem is that the zoning department frequently gets the complaint calls, but we have a limited ability to resolve the problems. The zoning department can try to contact the vehicle owners and ask them to move the vehicles, but we have limited ability to enforce it. On the other hand, the police department has the power to tag the offending vehicles and have them towed. I spoke to Chief Zerwas and he believes that this ordinance would be most effective if the police have the power to tag violators. Therefore, staff is recommending that the parking regulations in Chapter 11 be amended. I have contacted a number of other cities to find out how they deal with the issue of vehicle sales on public and private property. In most of these cities, this issue is a police issue and not a zoning issue. Blaine, Fridley and Mounds View all have essentially the same ordinance. Staff in these cities seem to be happy with this ordinance from both a zoning and a police standpoint. These cities have found the ordinance to be complete and legally sound. I have included a copy for your review. It is staffs opinion that the best way to deal with the sale of vehicles is to address these concerns in the parking regulations in Chapter 11. This way, problem areas can be immediately addressed and corrected by city staff. This ordinance will have no adverse effect on the sale of personal vehicles on private property, but will become a tool to work with properties that have become safety problems because of the parking location of vehicles for sale. S:\PLANNING\KENDRA\OA96-07.DOC Recommendation Staff and the Planning Commission recommend approval of the ordinance amendment to regulate the sale of vehicles on public and private property. S:\PLANNING\KENDRA\OA96-07.DOC PROPOSED AMENDMENT CHAPTER TRAFFIC AND MOTOR VEHICLES SECTION 1100 - GENERAL TRAFFIC AND MOTOR VEHICLE REGULATIONS 1100.10 - PARKING REGULATIONS 1. Angle and Parallel Parking. Angle parking may be permitted on any street by resolution of the Council. On any such street every vehicle parked shall be parked with the front of the vehicle facing the curb or the edge of the traveled portion of the street at an angle of approximately forty-five degrees (450). On all other streets, cars shall be parked parallel to the curb or edge of the roadway in accordance with law. 2. No Parking. Stopping. or Standing Zones. The Council may, by resolution, designate certain streets as no parking or no stopping or standing zones and may limit the hours in which the restriction apply. The City Administrator or such other official as the Council may designate shall mark by appropriate signs each such zone so designated. Except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or a traffic control device, no person shall stop or park a vehicle in an established no stopping or standing zone when stopping or standing is prohibited. No vehicle shall be parked in a no parking zone during hours when parking is prohibited except that a vehicle may be parked temporarily in such zone for the purpose of forming a funeral procession and a truck may be parked temporarily between the hours of 8:00 a.m. and 6:00 p.m. of any business day for the purpose of loading or unloading where access to the premises is not otherwise available. Sale of Vehicles on Public and Private Property A. In order to protect public health, safety and welfare by preventing congestion and traffic hazards, preventing unauthorized use and trespass on vacant land and preventing damage and erosion problems associated with off-road vehicle traffic on unimproved surfaces, it is necessary to regulate the individual sale of vehicles within the city. B. No person, business, partnership, association or corporation shall park, store, display or permit the s:\document\ordinance\oa96-7.doc 4. parking, storage or display of any motorized vehicle, boat, trailer, snowmobile or other vehicle for the purpose of sale consignment, lease, trade or exchange upon: i.) Any public property including public right of way and easements; or ii.) Any private property not zoned and approved for that purpose, unless the vehicle is parked on an improved hard surface designed and improved for vehicle travel, and only if the vehicle is registered to the property owner or occupant of said property. Time Limit Parkin~ Zone~. A. The Council may, by resolution, designate certain areas where the right to park is limited during hours specified. The City Administrator, or such other appropriate official as the Council may designate, shall mark by appropriate signs each zone so designated. During the hours specified on the sign, no person shall park a vehicle in any limited parking zone for a longer period than is so specified. B. Pursuant to Section 1100.10 (3) (A) hereof, the City Council hereby designates the following areas where the right to park is limited to no more than three (3) consecutive hours: Avenue; Main Street from Highway 10 to Lowed ii. Street; King Avenue from Highway 10 to Main iii. Jackson Avenue from Highway 10 to Main Street; iv. Street; Jackson Place from Highway 10 to Main v. Parking lot between Jackson Place and Jackson Avenue. Vehicles shall be parked parallel to the curb or edge of the roadway on all of the three hour time limited parking areas established in this subparagraph provided, however, that angle parking may be permitted on any of the above parking areas which have been duly designated by the Council and marked by appropriate stripping. s:\document\ordinance\oa96-7.doc 5. General Time Limit. No vehicle shall be parked between 2:00 a.m. and 6:00 a.m. in the business district. 6. ~. Any police officer may remove a vehicle from a street to a garage or other place of safety when the vehicle is left unattended and constitutes an obstruction to traffic or hinders snow removal or street improvement or maintenance operations. Such vehicle shall not be released until the fees for towing and storage are paid in addition to any fine imposed for violation of this ordinance. 7. Prima Facie Violation. The presence of any motor vehicle on any street when standing or parked in violation of this ordinance is prima facie evidence that the registered owner or current owner of the vehicle committed or authorized the commission of the violation. 8. Duty to Comply with State Law. The City of Elk River hereby adopts all parking regulations set forth in Minnesota Statutes, Chapter 169, and other applicable State Laws. 9. Regulation of Certain Parking Area-. A. The Municipal Parking lot along the Burlington Northern Railroad is designated contract or reserve parking, the use of which requires payment to the City of an annual fee of Seventy-five Dollars ($75.00) per parking space. B. The twenty-three (23) parking spaces on the north side of the Municipal Parking Lot adjacent to Highway 10 are designated contract or reserve parking, until such time as the additional three hundred fifty (350) feet of parking lot along the Burlington Northern Railroad tracks have been blacktopped for contract or reserve parking. At such time, said twenty-three (23) parking spaces shall become public spaces and the contract or reserve parking shall be moved to the new additional parking lot along the Burlington Northern Railroad tracks. Prior to the completion of the above-described blacktopping, the use of said twenty-three (23) parking spaces requires payment to the City of an annual fee of Seventy-five Dollars ($75.00) per parking space. s:\document\ordinance\oa96-7.doc A. The Chief of Police 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 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," or "No Parking - Fire Lane." ii. The signs shall be permanent, nonportable signs, except when temporary signs are approved by written order of the Fire Marshal or Chief of Police. iii. The signs shall be placed at appropriate locations under the supervision of the City. iv. At the entrance to a business or an establishment where such signs have been placed as set forth in this Section. Exceptions may be made for persons who let passengers off from their vehicles at such an entrance. 11. Petty 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 Five Dollar ($5.00) minimum fine provided that the violator has no prior parking violation within the thirty (30) days immediately preceding the date of violation. If such prior parking violation has occurred, a Ten Dollar ($10.00) minimum fine shall be imposed. In any event, the fine for violation of any of the provisions of Section 1100.10 shall not exceed One Hundred Dollars ($100.00). s:\document\ordinance\oa96-7.doc ORDINANCE 96- CITY OF ELK RIVER AN ORDINANCE AMENDING SECTION 1100.10 OF THE CITY OF ELK RIVER CODE OF ORDINANCES PARKING REGULATIONS CASE NO. OA 96-7 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 1100.10 of the Elk River Code of Ordinances is hereby amended to read as follows: See Attached Exhibit A Section 2. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this ~ day of ., 1996, by the City Council of the City of Elk River. ATTEST: Henry A. Duitsman, Mayor Sandra A. Thackeray, City Clerk s:\document\ordinance\oa96-7x.doc CITY OF BLAINE ORDINANCE 19-10 Sec_ 19.8. Bicycle registration and license required. No person sh.-ll ride or use a bi~cle upon any public street, highway, boulevard or alley in the city unless the bicycle shall be registered and licensed in the name of the actual owner ~s re. qu/red by law. (Code 1963, § 64.0!; Ord. No. 360, 5-2-74) State l~w refere~oe-BicD.c}e lan~ a~8 wa),~, M~A § 160.263 ct scq. Sec. 19-9. Sales of vehicles on public and private property. tn order to preserve civic b~zuty, ~o assu~e public health, safety, ~nd welfare by preventing con~stion ~r~d trafhc h~zards, to pre- vent unau~orized use and trespass on vacant proper~y, and to prevent damage a_~d erosion problems associated with off-road vehicle trav~I on unimproved surfaces, it is no,essa.9, ~o regu.late the indiviSual sales of vehicles w/thin the ci~.v. No person, busi. ness, ~ssociation or corporation shall st~re, display or park, or allow the storage, display or parking of an individual vehicle which bas displayed on or near it a si~n indicating a phone number, address, or other identifying information, or s si~n in- dicat/n~ that the vehicle is for sale, con.-i~nment, lease, t~ade or exchange: (a) Upon ~nypubtic proper~y includingpublic right-of, way and easement, s; or (b) Upon any private p. roperly, unless the vehicle is sro:ed, displayed, or parked on an improved hard surface desi~'ned and/mprovecl for vehicle ~ravel and only if the vehicle is re~.ered to the property upon which it is stored, dis. played, or p~rked. (Ord. No. 86-944, 5-1-86) Sec. 19-10. t~elease of motor vehicles from impoundment. If a motor vehicle is impounded by a peace officer following the arres~ or taking into custody of a driver for a violation or MSA § 169.121, or ordinance in conformity with it, or MSA § 169.129, the impounded vehicle shall only be released from impoundment.. (1) To the registered owner, a person authorizecl by the re,is. ~er~d owner, a Lien o~-ner of record, or a person who has purchased ~e vehicle from the re~is~ered owner, who pro- rides proof or ownership of ~he vehicle, proof of valid Min. Supp. No. 46 1485 TOT.qL P. 62 APR ~ '96 OB:45PM F"RIDLL-'Y, MM POLICE DP CITY OF FRIDLEY ORDINANCE OEDX~AN~E NO. S69 0HDINANC£ RE~ODIFYINC I~E FRIDLEY CITY CODE, C~APT£R 506. ENTI~ 'VEHICLE FAEXI~G' BY AHENDIN¢ SECTIONS 506,02 AND 506.10. The Ci:y Council of =he City of Yridley hereby ordains as follows: 506. VEHICLE PARKING. 506.02. DEFINITIONS. 9. Vehicle. Motor vehicle as defined in Htnnesota Statutes, Section 168.011 Subdivision 50&.lO. FO~ $~?.~ OR WASHING. 1. In order to preserve civic beaut-y, to assure public heal,h, safety, and welfare by preven~ing congestion and traffic hazards, ~o preven~ unauthorized use and trespass on vacant proper:y, and to prevent damage and erosion problems associated with off-road vehi=le :ravel on unimproved surfaces, it is necessary to regulate the individual sales of vehicles within the city. No person, business, association or cor~oratlon shall store, display or park, or alloy the storage, display or parking of an individual vehicle for :he purpose of displaying on or near it a sign indica:in§ a phone number, address, or other identifying information, or a sign indica:ing =hat the vehicle is for sale, consi~%ment, lease, trade or exchange: a. Upon any public property including public right of way and easements: or b. Upon any private preper~y, unless =he vehicle is scored, displayed, or parked on an improved hard surface designed and improved ~or vehicle travel and only if the vehicle is registered =o the property owner or occupant of the property upon which i= is stored, displayed, or parked, unless the proper~y owner~ or occupants have a curren= license to sell vehicles on the property. 2. No person shall park a vehicle upon any roadway for the purpose of: ~ashtng. greasing or repairing such v~hicle excep~ repairs ~ecessitated by an emergency.