1996-20BILL NO. 1996-20
AMENDMENT TO SECTION 1305.
OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1305 of the ordinance code of the City of Richfield entitled "Parking and Traffic:
General Rules" is hereby amended by the following:
1305.11 Im op unding vehicles. Subdivision 1. General rule. A police officer may remove a
vehicle from a street or highway or public a{~ rking lot to the nearest garage or other place of
safety or storage or to a garage or place of safety or storage designated or maintained by the
department of public safety, :when any vehicle is ap rked.
abandoned or left standing in violation of the terms of this article. the same may be impounded
in accordance with the te~m~_of the motor vehicle imgQUndino ordinances of the Citv at the cost
and ex..pense of the owner thereof
Subdivision 2. Notice required. When a police officer removes a vehicle from a street
or highwa~orpublic ~arkiny lot and the officer knows or is able to ascertain from the
registration records in the vehicle or on file with the motor vehicle registration authorities the
name and address of the owner thereof, the officer shall promptly give, or cause to be given in
writing to the owner of the fact of such removal and of the place to which such vehicle has been
removed. In the event such vehicle is stored in a public garage or other public place of safety
or storage, a copy of such notice shall be given to the proprietor of such garage or place.
Subdivision 5. When a vehicle may be impounded without prior notice. A vehicle m~
be impounded with or without citation and without giving notice to its owner only under the
following circumstances:
(a) when the vehicle is impeding or is likely to impede the normal flow of vehicular or
pedestrian traffic: or
(b) when the vehicle is illegally parked in a truck. bus. fire lane. taxi or other similar
zone where parking is limited to designated classes of vehicles and where such vehicle is
interfering with the proper and intended use of such zones. or is parked where prohibited by law
or by temporary or permanent signs during certain hours. on designated days. or at all times; or
~c) when the vehicle poses an immediate danger to the public safety: or
Bill No. 1996-20
-2-
(d) when the vehicle is narked in violation of snow emergengy regulations• or
(e) when the vehicle is a commercial vehicle unlawfully r,arke~ ~~ an araa ucPrl fir
residential dumoses or zoned as a residence district: or
jf) when the vehicle weighs or is registered for a weight in excess of the limits
allowed on that surface: or
(a) when a vehicle is permitted to remain on any street highwakor ublic parking lot
in the same location for more than 48 hours in succession: or
(h) when a police officer or other agent authorized ~y the City of Richfield has
probable cause to believe that the vehicle is stolen or lacks ~orJer registration; or
(i) when a police officer or other authorized agent has c~robable cause to believe
that the vehicle constitutes evidence of a crime or contains evidence of a crime if impoundment
is reasonab~ necessary in such instance to obtain or preserve such evidence• or
.(j) when the person driving Qperating or in physical control of the vehicle is taken
into custody and the vehicle is impounded for safekee~g• or
(k) when a police officer or other agent authorized by the City of Richfield has
probably cause to believe that the owner driver operator, or person in physical control of the
vehicle has failed to respond to five (,5) or more citations for parking or traffic offenses• or
(I when the vehicle is oarked in a handicatztransfer zone when said vehicle does
not properly display a handicapped parking permit.
Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant
where a warrant would otherwise be required
1305.13 Snow removal. Subdivision 1. Snow emergency~arking restrictions. ~'°^°~^~ ~~ ~~°•
.After a
snowfall of two inches or more and/or upon the declaration of a snow emergency by the Citv
Manager or his designee no t?erson shall stogy stand park or leave any vehicle or ermit it to
stand upon any street or h~hway Lawfu arking may be resumed on such streets or
highways only after the snow has been removed or plowed curb to curb
1305.14 Subdivision 1 Removal of vehicles for street maintenance snow removal
Whenever the City Manager or his designee shall find it necessary forg_urposes of facilitating
street maintenance operations to include the removal of snow ice or street wastes re ap it or
construction of any street to move any vehicle standing on any street,~police officer in the ^
discharge of duties may cause such vehicle to be moved to the extent necessary for such
purposes.
[]
Bill No. 1996-20
-3-
Subdivision 2. Definitions. As used herein. (a) "vehicle" shall mean every device in.
upon or bx which a ny p erson or fr o e~rty is or m ay be trans ported or drawn upon a street or
highway except de vice s moved by human pow er (b) "stree t" or "highway" is the entire width
~ietween boundary lines of any why or place wh en an~part thereof is open to the use of the
public as a matter of ri ght for purp oses of vehi cular traffic (c) " ublic ap rking lots" are those
parking lots owned and maintained by the City o f Richfield
Subdivision 3 Declaration Whenever in the opinion of the City Manager or his
designe e an emeroenc Kexists in the City or in a section or sections thereof, because of snow
freezing rain sleet ice snowdrifts or other natural phenome na which create or are likely to
create hazardous road conditions impeding or likely to imp ede the free movement of fire
health, police, emergen cy or other vehicular traffic or the safety and welfare of the community.
.
the City Manaaer or his des~nee may declare an emergenc y to exist for a period of seventh
two ~2 ) hours but such emergency may be sooner termina ted if conditions permit Notice of
such emergency shall b e given b~press radio or television which news media shall be
requested to cooperate with the City officials and~when given such notice shall constitute due
and pro per notice.
Passed by the City Council of the City of Richfield, Minnesota this 9th day of September,
J
1996.
Martin J. Kirsch; Mayor
ATT//EST: f __
l ~ ~.
Thomas P. Ferber, City Clerk
City of Richfield
(Official Publication)
BILL 1996-20
AMENDMENT TO SECTION 1305.
,x„
Ml
~
I/1 OF THE ORDINANCE CODE OF THE
CITY OF RICHFIELD
~
N THE CITY OF RICHFIELD DOES ORDAIN:
Section 1305 of the ordinance code of the City of Rich-
F'1.181JG4T10NS field entitled "Parking and Traffic: General Rules" ishere-
~^'~ ~~ by amended by the following:
AFFIDAVIT OF PUBLICATION 1305.11 Impounding vehicles. Subdivision 1. Gener-
al rule. A police officer may remove a vehicle from a street
or highway or public parking lotto the nearest garage or
other place of safety or storage or to a gazage or place of
STATE OF MINNESOTA) safety or storage designated or maintained by the depart-
ment of public safety, under the following circumstances:
when any vehicle is parked, abandoned or left standing in
SS. violation of the terms of this article, the same may be im-
pounded in accordance with the terms of the motor vehicle
COUNTY O F H EN N E P I N) impounding ordinances of the City at the cost and expense
of the owner thereof.
Denis L. M i n d a k
being duly sworn on an oath says that he/she is (a) whenavehicleisleftunattendeduponanybridge,
viaduct, caureway, fieeway, or in any moving traffic Lane of any
highway so as to constitute an obstruction to traffic;
the ublisher or authorized a ent and em to ee of the ublisher of the news a er known as
P 9 P Y P P p cb) when a vehicle upon a street or highway is
disabled so as to constitute an obstruction to traffic, or the
Sun -Current
,and has full knowledge of the facts person or persons in chazge of the vehicle are, by reason of
physical injury, alcohol, narcotics or personal illness, inca-
paeitated to such an extent as to be unable to provide for
WI11Ch are Stated belOW. its custody or removal;
(c) when a vehicle is permitted to remain on any
(A} The newspaper has complied with all of the requirements constituting qualification as a public street or highway in the same location for more than
48 hours in succession; or
(d) when a vehicle is left unattended in any fire
qualified newspaper, as provided by Minnesota Statue 331 A.02, 331 A.07, and other applicable lane posted pursuant to the provisions of this code.
Subdivision 2. Notice required. When a police officer
I$W$, aS amended, removes a vehicle from a street or highway or public park-
inglot and the officer knows or is able to ascertain from the
(B) The printed B 1 I I f~ 0 . 19 96 - 20 registration records in the vehicle or on file with the motor
vehicle registration authorities the name and address of
the owner thereof, the officer shall promptly give, or cause
to be given in writing to the owner of the fact of such re-
moval and of the place to which such vehicle has been re-
moved. In the event such vehicle is stored in a public
which is attached was cut from the columns of said newspaper, and was printed and published garage or other public place of safety or storage, a copy of
such notice shall be given to the proprietor of such garage
once each week, for 0 n e successive weeks; it was first ublished
p or place.
Subdivision 5. When a vehicle may be impounded
Wednesday 18 September 9 6
on .the day of , 19 ,and was thereafter without prior notice. A vehicle may be impounded with or
without citation andwithoutgivingnoticetoitsowneronly
under the Following circumstances:
printed and published on every to and including (a) when the vehicle is impeding or is likely to
impede the normal flow of vehiculaz or pedestrian tr~~ or
the day of , 19 ;and printed below is a copy of (b) when the vehicle is illegally parked in a
truck, bus, fire lane, taxi or other similar zone where pazk-
ing is limited to designated classes of vehicles and where
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the such vehicle is interfering with the proper and intended
use of such zones, or is parked where prohibited bylaw or
size and kind of type used in the composition and publication of the notice: by temporary or permanent signs during certain hours, on
designated days, or at all times; or
(c) when the vehicle poses an immediate danger
abcdefghijklmnopgrstuvwxyz ~j6 to the public safety; or
(d) when the vehicle is parked in violation of
~' r snow emergency regulations; or
~v
BY: , ~~~°, ~
(e) when the vehicle is a commercial vehicle un-
lawfully parked in an area used for residential purposes or
TITLE: Publisher zoned as a residence district; or
(n when the vehicle weighs or is registered for a
weight in excess of the limits allowed on that surface; or
Acknowled ed before me on this
g (g) when a vehicle is permitted to remain on any
street, highway or public parking lot in the same location
18 day Of S e p t p'm b e r , 1 g 9 6 for more than 48 hours in succession; or
~, ~
Not ry Public ~~,
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.15 per line
for comparable space
(2) Maximum rate allowed by law for the above matter $ 5.95 per line
(3) Rate actually charged for the above matter $ 1.09 per line
(h) whenapoliceofficerorotheragentauthorized
by the City of Richfield has probable cause to believe that the
vehicle is stolen or lacks proper registration; or
(i) when a police officer or other ..authorized
agent has probable cause to believe that the vehicle con-
stitutes evidence oFa crime or contains evidence of a crime,
if impoundment is reasonably necessary in such instance
to obtain or preserve such evidence; or
(j) when the person driving, operating or in
physical control of the vehicle is taken into custody and the
vehicle is impounded for safekeeping; or
(k) when a police officer or other agent autho-
rized by the City of Richfield has probable cause to believe
that the owner, driver, operator, or person in physical con-
trol of the vehicle has failed to respond to five (5) or more
citations for parking or traffic offenses; or
(1) when the vehicle is parked in a handicap
transfer zone when said vehicle does not properly display
a handicapped parking permit.
Nothing in this section shall be construed to authorize
seizure of a vehicle without a warrant where a warrant
would otherwise be required.
1305.13 Snow removal. Subdivision 1. Snow emer-
gency parking restrictions. General rule: three inch snow.
No person may pazk or leave standing any vehicle upon
any public street or highway in the city after a snowfall of
at ]east three inches. Pazking may be resumed on such
streets or highways after the snow has been removed or
plowed to the curb lines. After a snowfall of two inches or
more and/or upon the declaration of a snow emergency by
the City Manager or his designee, no person shall stop,
stand, park or leave any vehicle or permit into stand upon
any street or highway. Lawful parking may be resumed on
such streets or highways only after the snow has been re-
moved or plowed curb to curb.
1305.14 Subdivision 1. Removal of vehicles for street
maintenance, snow removal. Whenever the City Manager
or his designee shall fand it necessary, far purposes of fa-
cilitating street maintenance operations, to include the re-
moval of snow, ice or street wastes, repair or construction
of any street, to move any vehicle standing on any street,
a police officer in the discharge of duties may cause such
vehicle to be moved to the extent necessary for such pur-
poses.
Subdivision 2. Definitions. As used herein, (a) `vehicle"
shall mean every device in, upon or by which any person or
property is or may be transported or drawn upon a street or
highway, except devices moved by human power; (b) "street"
or "highway" is the entire width between boundary lines of
any way or place when any part thereof is open to the use of
the public, as a matter of right, for purposes of vehicular traf-
fic; (c) "public parking lots" are those pazking lots owned and
maintained by the City of Richfield.
Subdivision 3. Declaration. Whenever in the opinion
ofthe City Manager or his designee an emergency exists in
the City, or in a section or sections thereof, because ofsnow,
freezing rain, sleet, ice, snowdrifts or other natural phe-
nomena which create, or are likely to create, hazardous
road conditions impeding, or likely to impede, the free
movement of fire, health, police, emergency or other vehic-
ulaztraffic, or the safety and welfare of the community, the
City Manager or his designee may declare an emergency to
exist for a period of seventy-two (72) hours, but such emer-
gency maybe sooner terminated if conditions permit. No-
tice ofsuch emergency shall be given by press, radio or tele-
vision, which news media shall be requested to cooperate with
the City Officials and, when given, such noticeshall constitute due
and proper notice.
Passed by the City Council of the City of Richfield,
Minnesota this 9th day of September, 1996.
Martin J. Kirsch, Mayor
ATTEST: Thomas P. Ferber, City Clerk
(Sept. 18, 1996)D2/Ord Sect 1305