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HomeMy WebLinkAbout09-469NOVEMBER 24, 2009 DECEMBER 8, 2009 09 -450 09 -469 ORDINANCE FIRST READING SECOND READING (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND ORDINANCE FOR SNOW EMERGENCIES; CREATE LIMITED SNOW EMERGENCY; DEFINE UNIVERSITY PARKING AREA; AMEND PARKING REGULATIONS DURING SNOW REMOVAL OPERATIONS INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING 27 -1(2) DEFINING UNIVERSITY PARKING AREA; REPEALING AND RECREATING 27 -27(C) PERTAINING TO SPECIAL PRIVELEGE PERMITS FOR ALL NIGHT PARKING TO INCORPORATE THE DEFINITION OF UNIVERSITY PARKING AREA; REPEALING AND RECREATING 27 -33 PERTAINING TO SNOW EMERGENCY PARKING REGULATIONS, RENUMBERING 27 -34 AND 27 -35 OF THE CURRENT MUNICIPAL CODE TO SECTIONS 27 -35 AND 27 -36 AND CREATING NEW SECTION 27 -34 PERTAINING TO PARKING REGULATIONS DURING SNOW REMOVAL OPERATIONS The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Section 27 -1(2) pertaining to the definition of University Parking Area is hereby created to read as follows: (2) University Parking Area: an area bounded by and including these streets: beginning on Jackson Street at the Fox River to Church Avenue, east on Church Avenue to Franklin Street, north on Franklin Street to West Parkway Avenue, east on Parkway Avenue to Division Street, north on Division Street to Scott Avenue, west on Scott Avenue to Central Street, north on Central to Prospect Avenue, west on Prospect Avenue to Merrill Street, north on Merrill Street to New York Avenue, west on New York Avenue to Jackson Street, north on Jackson Street to Congress Avenue, west on Congress Avenue to the Fox River, including both sides of the streets named. SECTION 2. That Section 27 -27(C) pertaining to special privilege permits for all night parking is hereby repealed and recreated to read as follows: SECTION 27 -27 SPECIAL PRIVILEGE PERMIT FOR ALL NIGHT PARKING (C) Approval by Police Department; term The application for a special privilege permit shall be first approved by the Police Department in accordance with the needs of the individual in said congested areas before a special privilege permit can be issued by NOVEMBER 24, 2009 DECEMBER 8, 2009 09 -450 09 -469 ORDINANCE FIRST READING SECOND READING CONT'D said department, and said permit shall be valid for a period of not longer than one (1) month ending at midnight of the last day of the month of issue. The Police Department may revoke said permit if at any time reasonable accommodations are available to the owner, or for failure to comply with any of the provisions of this ordinance. (1)(a) Notwithstanding the foregoing, in addition to the monthly permit, the Department may issue an annual permit, valid for a 12 —month period, beginning the first day of the month when issued and ending at midnight on the last day of the 12 month from date of issuance for any street within the corporate limits, except for both sides of the streets in the University Parking Area. (b) In addition to the monthly permit, the Department may issue a 9 -month permit, valid for a 9 -month period, beginning the first day of September and ending at midnight on the last day of May, and a 3 -month permit, valid for a 3 -month period, beginning the first day of June and ending at midnight on the last day of August for both sides of the streets in the University Parking Area. SECTION 3. That Section 27 -33 pertaining to Snow Emergency Parking Regulations is hereby repealed and recreated to read as follows: SECTION 27 -33 SNOW EMERGENCY PARKING REGULATIONS (A) Definitions (1) "Snow Emergency Parking` During a Snow Emergency, vehicles shall be parked only on the even numbered side of the street on those days and nights bearing an even calendar date during the portion thereof from 12 o'clock noon on the even calendar date to 12 o'clock noon on the following calendar date, and on the odd numbered side of the street on those days and nights bearing an odd calendar date during the portion thereof from 12 o'clock noon on the odd calendar date to 12 o'clock noon on the following calendar date. These parking restrictions would also apply to any bays in terraces or areas with bump -outs. This Section shall not be interpreted to allow on- street parking in areas where parking is otherwise restricted by Section 27- 23(A -11) or any other provision of this Municipal Code or State Statute. (2) "General Snow Emergency" means an emergency situation created when snowfall constitutes a serious public hazard, impairing transportation, the movement of food and fuel supplies, medical care, fire, health and police protection and other vital facilities throughout the City. NOVEMBER 24, 2009 DECEMBER 8, 2009 09 -450 09 -469 ORDINANCE FIRST READING SECOND READING CONT'D (3) "Limited Snow Emergency" means an emergency situation created whenever snowfall constitutes a serious public hazard, impairing transportation, the movement of food and fuel supplies, medical care, fire, health and police protection and other vital facilities within a defined area within the City. (B) Declaration of Snow Emergency Whenever in their opinion the conditions exist making it necessary to declare a Snow Emergency, the City Manager or Director of Public Works or their respective designee is hereby authorized to declare a General or Limited Snow Emergency. Such emergency shall continue for a period of forty -eight (48) hours from the time it is announced or until such earlier time as snow plowing operations have been declared completed. (C) Notification Process for Snow Emergency. The City shall provide notification of Snow Emergencies through the City's Media Services Division. The City may also use other means of notification as available and expedient. (D) Parking of Vehicles During a Snow Emergency During a Snow Emergency, vehicles within the area subject to the Snow Emergency Declaration shall park in accordance with Snow Emergency Parking Restrictions as defined within this Section. (E) Removal of Vehicles Parked in Violation of Snow Emergency Restrictions. It shall be unlawful to park or allow a vehicle to remained parked on any street within the City contrary to Snow Emergency Parking Restrictions. The Police Department may authorize the removal, including towing, of vehicles parked in violation of Snow Emergency Parking Restrictions. The operator or owner of the vehicle shall pay the reasonable charges for moving or towing or any storage of that vehicle parked in violation of Snow Emergency Parking Restrictions. SECTION 4. That sections 27 -34 and 27 -35 shall be renumbered 27 -35 and 27 -36 respectively. SECTION 5. That section 27 -34 pertaining to Parking Regulations During Snow Removal Operations is hereby created to read as follows: SECTION 27 -34 PARKING REGULATIONS DURING SNOW REMOVAL OPERATIONS (A) Authority to Designate Temporary No Parking Areas. When the Director of Public Works and Chief of Police shall determine that after any snowfall it is necessary to remove snow from the vehicular traveled portion of the streets or that the street is sufficiently narrowed by excessive snow having been plowed toward the curbing, so as to constitute a serious public hazard, impairing transportation and the movement of NOVEMBER 24, 2009 DECEMBER 8, 2009 09 -450 09 -469 ORDINANCE FIRST READING SECOND READING CONT'D vehicular traffic, the Chief of Police or his /her designee may establish "no parking" zones on any streets where snow removal operations will be taking place. Such "no parking" areas shall be marked with appropriate moveable signs not less than four (4) hours prior to the commencement of the snow removal operation, and such streets may be shut off and blocked at all times while the crews are operating thereon. (B) Parking in Violation of Temporary No Parking Areas. It shall be unlawful to park a vehicle on such streets contrary to any parking restrictions imposed under this section. The Police Department may authorize the removal, including towing, of vehicles parked in violation of parking restrictions imposed under this section. The operator or owner of the vehicle shall pay the reasonable charges for moving or towing or any storage of that vehicle parked in violation of any parking restrictions imposed under this section. SECTION 6. This ordinance shall be in full force and effect from and after its passage and publication. SECTION 7. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #09 -469 AMEND ORDINANCE FOR SNOW EMERGENCIES; CREATE LIMITED SNOW EMERGENCY; DEFINE UNIVERSITY PARKING AREA; AMEND PARKING REGULATIONS DURING SNOW REMOVAL OPERATIONS on December 8, 2009. The ordinance amends the City's ordinances related to Parking during Snow Emergencies and during Snow Removal Operations. The Ordinance allows the City Manager or Public Works Director to declare a General Snow Emergency for the City or a Limited Snow emergency within a defined area within the City and restrict the parking of vehicles within the area subject to the Snow Emergency to allow for efficient snow removal operations. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us Clerk's phone 920/236-5011. CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 City of Oshkosh 0 QlHKQIH TO: Honorable Mayor and Members of the Common Council FROM: David C. Patek, Director of Public Works DATE: November 19, 2009 RE: Ordinance to Amend Snow Emergency and Snow Removal Operations Parking Restrictions BACKGROUND Severe winter weather events can create a serious public hazard, impairing transportation, the movement of food and fuel supplies, medical care, fire, health and police protection and other vital facilities. The City's ability to declare a snow emergency can be a valuable tool in helping City staff to mitigate these hazards more quickly. Current city ordinances governing snow emergencies apply to the entire City of Oshkosh and require that all vehicles be removed completely from the roadways, making declarations of snow emergencies within the City at times overbroad in scope and difficult to comply with, particularly in areas such as the residential areas surrounding the University where many residents rely upon on- street parking. ANALYSIS The proposed ordinance makes several changes to the current ordinances related to snow emergencies and snow removal operations. The proposed ordinance would give the City the option to declare either a General Snow Emergency applicable throughout the City or a Limited Snow Emergency applicable only within a defined area of the City. One area that has been identified as presenting particular challenges for clearing snow is the residential area surrounding the University. The proposed ordinance would amend current ordinances to separately define the University Parking Area. The University Parking Area is currently defined in the municipal code for purposes of issuance of special privilege permits for all night parking. The proposed ordinance does not make any changes to the area currently defined within the code but simply takes that area and applies the term "University Parking Area" to the already defined area. As noted above, the University Parking Area which had already been identified in the code as a heavy usage area for special privilege co, parking permits is the same area that has presented challenges for the Street Division when clearing heavy snows. By separately defining this area it would make it easier for the City to declare a Limited Snow Emergency within this same area. The proposed ordinance would establish odd -even parking restrictions during the duration of a Snow Emergency rather than require vehicles to be removed completely from the streets. Vehicles would need to be moved at noon on days subject to Snow Emergencies to allow crews the ability to clear both sides of the streets. Current ordinances require notification through a local radio station when snow emergencies are declared. The proposed ordinance would specify that notification will be made through the City's media services division which includes City Cable Channel 10, CATV 2 and WATC at 101.9 FM and allows for additional means of notification as available and expedient. City staff is currently exploring options for partnering with UW Oshkosh to allow students to sign up for email and text alerts through the University system. Such a system could be expanded to allow any resident to sign up for email or text alerts. Finally, the proposed ordinance separates out provisions related to snow removal operations from Snow Emergencies for clarity. No substantial changes are proposed to the current regulations for snow removal operations which allow the City to temporarily post no parking zones on any streets where snow removal operations are taking place. FISCAL IMPACT No direct fiscal impact is anticipated from the proposed ordinance changes, however, it is anticipated that the proposed changes will allow the City to more efficiently remove snow during snow emergencies, potentially saving time and expense. RECOMMENDATION It is recommended that the Council pass the ordinance amending current code provisions related to snow emergencies. Respectfully Submitted, Approved: �� C_ P't, _,�X X_ David C. Patek Mark A. Rohloff Director of Public Works City Manager