HomeMy WebLinkAbout89-03
CITY OF PRIOR LAKE
ORDINANCE NO. 89-03
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE, TITLE 11, CHAPTER 1.
The Council of the city of Prior Lake does hereby ordain:
Title ll, Chapter l, of Prior Lake City Code is hereby amended by
adding new Sections 11-1-5, 11-1-6 and 11-1-7 which shall read as
follows:
11-1-5: PARKING RESTRICTED, PUBLIC LAUNCH SITES; IN GENERAL: The
City Council of the City of Prior Lake has determined
that separate parkin~ restrictions and penalty provisions are
necessary in the vic1nity of public launch sites of public bodies of
water in the City of Prior Lake due to increased traffic, congestion
and public health and safetr hazards associated with the launching
and retrieval of boats, mov1ng of ice houses and other activities
associated with the public access facility. The City Council of the
City of Prior Lake has determined that extraordinary hazards exist
with respect to added pedestrian traffic and motor vehicle traffic
with obstructed views associated with ice houses, boats and trailers
and general increased risks at such facilities. Therefore, the City
Council has determined that increased restrictions and penalties are
necessary in order to enforce the regulations for public health and
safety reasons and to deter prohibited conduct in order to decrease
such hazards and risks to the public safety and welfare in the
vicinity of public launch facilities.
(A)
(B)
NO PARKING, STOPPING OR STANDING ZONES IN THE VICINITY OF
PUBLIC ACCESSES: The City Council may, by resolution,
desi~nate certain streets or portions of streets as no
park1ng or no stopping or standing zones within two thousand
five hundred feet (2,500') of public launch sites in the City
of Prior Lake. The City Council shall a~prove by resolution
the amount of fines for violation of th1S section of the
ordinance to which these parking restrictions apply. The City
Engineer shall mark br appropriate signs each zone so
designated and such s1gn shall indicate the amount of the
fine for violating the restriction which shall be imposed
u~on the violator. The sign shall further indicate that
v101ators' vehicles shall be subject to impoundment and/or
towing.
TOWING/IMPOUNDMENT: Because of the increased health and
safety hazards associated with ~ublic access areas in the
event the number of vehicles uS1ng those accesses at anyone
time is not adequately controlled, the City Council has
determined that impoundment/towing is necessary in order to
deter violations of the parking restrictions. Therefore, any
police officer, consistent with the provisions of Minnesota
Session Laws 1989, Chapter 256 (M.S. 169.041 and M.S.
514.18), may have a vehicle removed from the above no-parking
restricted area to a garage or other place of safetr when the
vehicle is left unattended and constitutes a vio1at1on of the
no-parking restriction. A person who is entitled to
possession of an impounded/towed vehicle shall have the right
to a post-impoundment hearin~ to determine ~robable cause to
impound the vehicle under th1S sUbdivision lf such person
files a written demand for the hearing within five (5) days
after impounding, excluding Saturdays, Sundays and legal
holidays. The demand shall be made to the Citr Manager of the
City of Prior Lake, who shall serve as a hearln~ officer for
such purposes. The hearing shall be conducted w1thin
twenty-four (24) hours of the written demand thereof unless
such person agrees to a later hearing. Not more than
seventy-two (72) hours after impoundment of a vehicle which
has not been redeemed, the City Police Department shall mail
a notice to the registered owner of the vehicle, if such may
be secured through the license number, at the address
provided by the motor vehicle license agency of the state or
province in which the vehicle is registered. The notice shall
contain the full particulars about the impoundment, the
procedure for redemption, and the opportunity for a hearing
to test the ~ropriety of the impoundment. Similar notice
shall be ava1lable at the office of the City Clerk and shall
be conspicuously posted at the place of impoundment. If the
hearing officer determines that there is no probable cause
for the impoundment under the ordinance, the City shall pay
the towing and storage charges and the vehicle shall be
released forthwith to the person entitled to possession. In
every other case, the vehicle shall be released only when the
fees for towing and storage are paid by the person recovering
possession. The City Council shall approve by resolution,
from time to time, the authorized costs of towing and storage
of said vehicles.
11-1-6: HANDICAPPED PARKING RESTRICTIONS: No person shall park
in, obstruct or occupy with a motor vehicle, any parking
space, on pUblic or private property, designated or si~ned as
handicapped parkin~, unless said vehicle prominently d1splays an
insignia or certiflcate issued by the Department of Motor Vehicles
pursuant to Minnesota Statutes Section 169.345, Subd. 3, and such
vehicle is being used by a handicapped person as defined in Minnesota
Statutes Section l69.345, Subd. 2. Signs designating handicapped
parking spaces shall be presumed to have been placed according to
law, unless the contrary is established by competent evidence.
Violation of this provision is a petty misdemeanor. Motor vehicles
found in violation of this section may be ordered removed by a member
of the Police Department under the procedures set forth in Section
ll-l-5(B) .
11-1-7: RULE OF EVIDENCE: The presence of any motor vehicle on
any street or other public area when standing or parked
in violation of this ordinance is prima facie evidence that the
registered owner of the vehicle committed or authorized the
commission of the violation.
This ordinance shall become effective from and after its passage and
publication.
Passed by the City Council of the City of Prior Lake this 16th day of
October , 1989.
;'
;?<--</t: i:'.rc ~/t::L~~ /1"
Mayor
C1
Published in the Prior Lake American on the 6th day of November
1989.
Drafted By:
Lommen, Nelson, Cole & Stageberg, P.A.
1100 TCF Tower
Minneapolis, Minnesota 55402