5.2. SR 07-08-1996ITEM 5.2.
ity of
River
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Kendra Lindahl, Zoning Assistant
July 8, 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
· Photos
· 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 was 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 generally 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.
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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 or in the ROW. 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.
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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.
Recommendation
Staff and the Planning Commission recommend approval of the ordinance
amendment to regulate the sale of vehicles on public and private property.
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PROPOSED AMENDMENT
CHAPTER 11
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:XdocumentXordinanceXoa96-7.doc
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, Parking Zones.
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. Jackson Place from Highway 10 to Main
Street;
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.
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5. General Time Limi$. No vehicle shall be parked between 2:00
a.m. and 6:00 a.m. in the business district.
6. Impoundment. 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. Re?ulation of Certain Parking Areas.
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.
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10. Fire Lanes
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.
Bo 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. P~tY 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).
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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
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EXHIBIT
SECTION 1100 - GENERAL TRAFFIC AND MOTOR VE~ICLE REGULATION~
1100.10 - PARKING REGULATIONS
3. 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
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.
~P~ ~ '~ 02:~5-PM F'~IDI._~'Y, P1N POLIr~' DP
CITY OF FRIDLEY ORDINANCE
NO.
0RDZ~RC£ ~CODIF~--RG ~ FRIDL~Y CITY CODE, CHAPTER 506,
~I'Z~ "'VEHICLE ~AV~I~G' 3¥ A~2~D~¢ SECTIONS 506,02 A~D
506.10.
The City Council of :he Ci=y of Yridley hereby ordains as follows'
506. VEHICLE PARKING.
506.02. DEFINITIONS.
9. Vehicle.
Ho:or vehfcle as defined tn Htnnesota SCa:utes, Section 168.011 Subdivision
506.10. FO~ SALE OR VA~HING.
1. In order to preserve civic beauLT, Co assure public health, safety, and
welfare by preventing congestion and traffic hazards, co prevent unauthorized
use and =respass on vacant proper=y, and to prevent damage an~ erosion
problems associated with off-road vehicle :ravel on unimproved surfaces, ic is
necessary =o regulate the individual eales of vehicles within the city. No
person, business, esso:legion or corpora=ion shall store, display or park, or
allow the storage, display or pazking of an individual vehicle for :he purpose
of displaying on or near i= a sign indicating a phone number, address, or
other identifying information, or a sign indicauln~ :hat the vehicle is for
sale, consignment, lease, trade o= exchange:
Upon any public proper~y including public right of way and easements:
b. Upon any priva=e property, unless =he vehicle is s=ored, displayed, or
parked on an improved hard surface ~esigned and improved for vehicle
travel and only if the vehicle is registered :o the proper=y owner or
occupan~ of the proper=y upon which it is scored, displayed, or parked,
unless the properly o~ners or occupants have a curren~ license ~o sell
vehicles on the property.
2. No person shall park a vehicle upon any roadway for the purpose of:
~asbing, greasing or repairing such v~hicle except repairs ~ece~sitated by an
emergenc~.
PASSED AND ADOPTED BY THE CITY COUNCIL OFT HE CITY OF F~iDLEY THIS 3RD DAY OF
~OVF/~£R, 1986
ATI~-ST:
SHIRLEY A. HAAPAL~ - CITY
Second
Oc=ober 20. 1986
November 3, 1986
November 10, 1986
CITY OF BLAINE ORDINANCE
TRAFFIC .~J~'D '¢EHICLE$
Sec_ 19.8. Bicycle re~stration and licer~e required.
No p~ ~h~l ~de or use a bi~e upon a~ public
highway, boulev~8 or ~ley ~ ~e ~:y ~s ~e bi~e sba]] b~
re~c~ ~d l/~med ~ ~e n~e of ~e actual o~cr ~ re-
q~red b~ l~w. (Code ~9~3, ~ 64.0~; Ord. ~o. 360,
State ~ ~fere~oe-~.cJe ~a~ ~d way~, ~ ~ ~60~G3 et se~.
Sec. 19-3. Sa]es of vehicles on public and private property.
L~ order ~ pr~e~e ~c b~uty, ~ ~s~ public h~)th, s~cty,
~d wejf~e by preven~g coniston ~d tr~c h~,
yen: unau~ed use ~d ~esp~s on vacant prop~y, ~ to
preyer ~ ~d ~oslon probl~ ~socia:ed ~th off-road
vehic]~ ~av~ on u~mproved surfaces, it is ne~ss~ ~
the indi~du~ s~e~ of veM~es ~thin ~e ~v. No person, bu~.
~low ~e s~e, ~splay or p~Mng of ~ in~du~ vehicle
whi~ b~ ~phyed on or n~ it a ~ ~~ a phone
number, ad.ess, or o~ iden~f~ng ~o~afio~ or ~
· ~ng t~t ~e vehi~e ~ for ~, consi~men:, l~e, ~ade or
~chan~:
ia) U~n ~ypub~c pmpemy ~cIudingpub~c fi~nt.ot, way
~~; or
· ) U~n ~y priv~ prope~, u~ess the vehicle is
~played, or p~ked on ~ ~proved h~d ~rfa~ desired
~d ~proved for verde ~ave] ~d o~y E ~e verde
re.red :o the prop~y upon w~ it is s~red, ~s-
played, or p~ked. (O~. No. 86.9~,
Sec. 19-10. P~elease of motor vehicles from Impoundment.
If a motor vehicle is impounded by a peace o~cer foLlow/ng the
a-rest or t~k~ng into custody of a driver for a violation ori~SA §
169.121, or ordinance in conformity w~th it, or MSA § 169.129,
the impounded vehicle shall only be released/rom/mpoundmenL
(1) To the registered owner, a person authorized by the regis.
tered owner, a Lien o~-ner of record, or a person who has
purchased :he vehicle from the registered owner, who pro-
v/des proof o.~ ownersh/p of the vehicle, proof o£ valid Min.
Supp. No. 46 1485
TOTAL P.62
8,02...08
CITY OF MOUNDS VIEW ORDINANCE
802.09
by a police officer or traf-fic-controI devil. The City Council :nay
authorize exceptions from thi~ Section. Any street or highway so excepted
must bc posmd with a sig~ indicating tim[ packing between two o'clock
(2:00) A.M. amd six o'clock (6:00) A.M, is allowed. (Ord. 511, 6-22-92)
2. Specific Ames, 9:00 P.M. to 2:00 A.M.: No l~'SOn shall stop, stand or
park a motor v~icle on the following sections of City su'~ts between
hours of nine o'clock (9:00) P.M. and two o'clock (2:00) A.M.. except as
other~se authorized by thi~ Code or unless directed to do so by a police
office' or t:ra~c-conu'ol d~vir~:
Bronson Drive, north side bctw~n Edgewood Drive and Jackson Drive;
Clearvicw Avenue, between Irondalc Road arid Edgewood Drive:
Edgewood Drive, between Woodalc Drive and County Road H-2 except
adjaccm to 2400 County Road H-2;
Greenfield Avenue, between WoodaJe Drive and County Road H-2 except
adjacent to 2400 County Road H-2;
802.09:
Subd.
O'Connell Drive, between Jeffrey Drive and Greenfield Avenue. (Ord.
540, 6-13-94)
PAR.KING Vk':n-f~ FOR SALE:
1. Purpose: In order to preserve civic bcanty, tn insure public health,
safety and welfare by pr~vcning congestion and traffic hazards, to
prevent unauthorized usc and tr~p~s on vacant land and to prevent
damage and erosion p, oblems associated with off-road vehicle n'affic on
unimprovcd surfaces, thc following prohibitions arc required.
2. ¥chiclc Parldmg for Sale Prohibimd: No person shall park, store,
display or permit ~c parldng, storage or display of a motor vehicle, as
defined in subdivision 802.01(a) of this C. hal=mr for thc purpose of sale,
consignment, Icasc, t~de or exchange upon:
Amy public property including public right of way and easements: or
b. Any lm'ivam property unless the vehicle is parked on an improved hard
surfac~ d~igned and imnrov~, for vehicle travel and only if the vehicle is
mgismmd to th~ prope~y owner or occupant of said property and, when
applicable, if said owner or occupant has a license issued pursuant to
Chapmr 510 of this Municipal Cod~. (1988 Code §$1.03)
City of Moundz View