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Final Ordinance Amending and Reorganizing Chapters 1,5,8,10,14

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Final Ordinance Amending and Reorganizing Chapters 1,5,8,10,14 ORDINANCE NO. 2013- AN ORDINANCE AMENDING AND REORGANIZING CHAPTERS 1, 5, 8, 10, 14, AND 21 OF THE CITY CODE PERTAINING TO THE CITY’S TRAFFIC CODE, VEHICLE REGULATIONS, AND PARKING REGULATIONS. The City Council of the City of Bloomington, Minnesota ordains: Section 1. That Chapter 1 of the City Code is hereby amended by deleting those words that are contained in brackets [ ] and adding those words that are underlined, to read as follows: *** CHAPTER 1 INTERPRETATION AND ENFORCEMENT OF THE CITY CODE *** ARTICLE II. CIVIL HEARING PROCESS *** SEC. 1.11. CITY CODE PROVISIONS THAT ARE ADMINISTRATIVE OFFENSES. A violation of the following provisions of the City Code shall be an administrative offense that may be subject to the administrative mediation and hearing process of this Article. *** (4) Chapter 8, Article III, Vehicle Regulations, Division A. Storage of Abandoned, Junk, and Inoperable[tive] Vehicles as Public Nuisances; (5) Chapter 8, Article [III]IV, Parking, Division A., Parking on Private Property; *** Section 2. That Chapter 5 of the City Code is hereby amended by deleting those words that are contained in brackets [ ] and adding those words that are underlined, to read as follows: *** CHAPTER 5 PUBLIC FACILITIES AND PROPERTY *** ARTICLE III. PARKS AND PLAYGROUNDS *** SEC. 5.21. REGULATIONS. The following regulations shall apply to all City parks: *** (2) Parking - (A) No person shall park any motor vehicle in any place in public parks between the hours of 10:00 p.m. and one hour before sunrise. During the hours when parking is permitted, said vehicles must be parked only in designated parking areas. Any unoccupied vehicle found in violation of park regulations may be removed and impounded by any police officer or duly authorized person in accordance with Chapter 8, Article III, Division B, of this Code. *** Section 3. That Chapter 8 of the City Code is hereby amended by deleting those words that are contained in brackets [ ] and adding those words that are underlined, to read as follows: *** CHAPTER 8 TRAFFIC, VEHICLES, AND PARKING [TRAFFIC] ARTICLE I. [TRAFFIC REGULATIONS] GENERAL PROVISIONS Division A. [Traffic at Fires] Findings and Purpose SEC. 8.01. [FOLLOWING EQUIPMENT] FINDINGS AND PURPOSE. [No unauthorized person shall ride upon, race with, trail or follow within 600 feet any apparatus of the Fire Department when actively responding to a fire alarm.] This Ordinance is enacted to establish standards for the regulation of traffic, vehicles and parking in the City of Bloomington to protect the health, safety, and general welfare of the public. The principle objectives of this Chapter of City Code are: (1) To provide traffic codes and regulations consistent with and supplemental to Minnesota Statute Chapters 168B and 169; (2) To prevent blight, and nuisance conditions associated with the storage of abandoned, junk, inoperable and/or unauthorized vehicles; and (3) To provide standards for the regulation of parking and no-parking zones within the City of Bloomington. SEC. 8.02. [DRIVING OVER HOSE] ORDERS OF POLICE OR ENFORCEMENT OFFICERS. [No person shall drive any vehicle over a fire hose except upon specific orders from the Chief of the Fire Department, and then only with due caution.] (1) No person shall disobey any lawfully issued order of the Hennepin County Commissioners, the Bloomington City Council, the Police Department or of any police officer, reserve officer or Explorer, relative to the movement of traffic or parking of vehicles in the City. (2) In accordance with 1.06 of this City Code, City Enforcement Officers have authority to issue ordinance civil administrative citations or tags pursuant to Section 2.99 of this City Code for violations of this Chapter relating to the storage of abandoned, junk or inoperable vehicles and the illegal parking of vehicles on private property in the City. [SEC. 8.03. VEHICLES AT FIRES. No person shall park any vehicle of any description or place any material or obstruction within 30 feet of the entrance to any fire station or within 15 feet of any fire hydrant or fire cistern, nor park any vehicle within 300 feet of a fire, or driveway or service drive upon premises where fire occurs or adjacent thereto.] Division B. [Truck Traffic and Traffic on Boulevards] State Laws Adopted by Reference [SEC. 8.04. TRUCK TRAFFIC.] SEC. 8.03. STATE STATUTES INCORPORATED BY REFERENCE. [It is unlawful to drive any truck, except City maintenance vehicles and except for the purpose of making a local delivery, and then for as short a distance as is possible, on any street so designated by this Section and which are properly sign-posted; said streets being the following: (1) Nesbitt Road between Old Shakopee Road and 102nd Street. (2) 106th Street between West Bloomington Freeway and Xerxes Avenue. (3) Bryant Avenue between 90th Street and 93rd Street. (4) West 92nd Street between East Bloomington Freeway and Aldrich Avenue. (5) West 84th Street between France Avenue and Penn Avenue.] (1) For the purpose of prescribing regulations governing vehicles, traffic, and streets, the City of Bloomington hereby adopts the following rules and statutes: (a) Minnesota Statutes, Chapter 168B (b) Minnesota Statutes, Chapter 169 (c) Minnesota Statutes, Chapter 65B (d) Minnesota Statutes, Chapter 84 (e) Federal Commercial Truck Regulations (2) For the purposes of this Chapter, the definitions used in Minnesota Statutes, Chapters 168, 168B, and 169, are hereby adopted; however, if there is a conflict between the statutorily defined terms and the defined terms set forth in Article I, Division C herein, as specifically used in this Chapter of the City Code, the defined terms set forth in this Article I shall control. All statutory references in this Chapter include future amendments thereto, as well as recodifications. [SEC. 8.05. TRAFFIC ON BOULEVARDS. As used in this Division, the word "boulevard" shall mean that portion of any street between the curb and the right-of-way line of such street or in the case of uncurbed streets that portion between the shoulder of the road and the right-of-way line. It shall be unlawful for the operator of any motor vehicle or bicycle to drive or park upon the boulevard adjoining any public street.] Division C. [Traffic on School Grounds] Definitions SEC. [8.06] 8.04. DEFINITIONS. The following words and terms, when used in this [Division] Chapter shall have the following meanings, unless the context clearly indicates otherwise: [Motor vehicles and motorcycles - shall have the same meaning as set forth under the definitions contained in the Minnesota Highway Traffic Regulation Act, Minnesota Statutes Annotated 169.01. School - Public schools as defined by Minnesota Statutes Annotated 120.05. and 130.] Abandoned Vehicle – (1) A motor vehicle, as defined herein, that: (A) has remained parked or stored: (i) for a period of more than 48 hours on any property owned or controlled by a unit of government, or more than four (4) hours on that property when it is properly posted; or (ii) on private property for a period of time, as set forth in Minnesota Statutes, Section 168B.04, Subdivision 2, without the consent of the Owner or Occupant of the private property; or, (B) lacks Vital Component Parts, does not have attached to it a current license plate or tabs as required by state law or is an Inoperable Vehicle, unless it is kept in an enclosed garage or storage building. (2) A classic car or pioneer car, meeting the requirements of Minnesota Statutes, Section 168.10, is not considered an abandoned vehicle. (3) A vehicle stored on the premises of a junk yard or automobile graveyard as defined, maintained, and licensed in accordance with the State Junk Yard Act, Minnesota Statutes Section 161.242, and where the junk yard or automobile graveyard is licensed and maintained in accordance with this City Code and zoning regulations, is not considered an abandoned vehicle. (4) A vehicle being held for storage by agreement or being held under police authority or pursuant to a writ or court order is not considered an abandoned vehicle, nor may it be processed as an abandoned vehicle while the police hold, writ, or court order is in effect. City Enforcement Officers – Those City employees authorized under City Code Section 1.06 (b) or Section 2.99 to issue citations or tags for violations of City Code pursuant to Sections 1.11 or 2.99. Impound – To take and hold a vehicle in legal custody. There are two types of impounds, public and nonpublic. Impound Lot Operator or Operator – A person who engages in impounding or storing, usually temporarily, unauthorized or abandoned vehicles. “Operator” includes an operator of a public or nonpublic impound lot, regardless of whether tow truck service is provided. Inoperable Vehicle – Any motor vehicle that is no longer capable of being driven or propelled under its own power from place to place or regularly used for transportation purposes in its existing condition or which cannot be driven or propelled under its own power from place to place or regularly used for transportation purposes in a safe manner because of its wrecked, junked, or partially dismantled condition. Issuing Authority - the City of Bloomington License Section, Building & Inspection Division, Environmental Services Division, or City Fire Marshal. Junk Vehicle – A vehicle that (1) is three years old or older; (2) is extensively damaged, with the damage including such things as broken or missing wheels, motor, drive train, or transmission; (3) is apparently inoperable; (4) does not have a valid, current registration plate; and (5) has an approximate fair market value equal only to the approximate value of the scrap in it. Motor Vehicle – A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and shall include, without limitation, automobiles, trucks, trailers, motorcycles, tractors, and wagons.
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