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HomeMy WebLinkAbout2004-011 Council OrdinancesOn September 27, 2004, the City Council of Lino Lakes considered second reading of Ordinance No. 11-04, implementing winter parking restrictions. Councilmember Dahl introduced second reading of Ordinance No. 11-04 and moved its adoption: STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES ORDINANCE NO. 11-04 AN ORDINANCE IMPLEMENTING WINTER PARKING RESTRICTIONS THE CITY COUNCIL OF LINO LAKES ORDAINS: The following ordinance will allow city staff to clear the roads more efficiently and keep the streets in better condition throughout the winter months. ORDINANCE 11-04 - WINTER PARKING RESTRICTIONS In order to expedite the prompt and efficient removal of snow from the streets of the City, it is unlawful for any person to stop, stand, or park any vehicle on any public street within the City between the hours of 2:00 am and 6:00 am between November 1 and April 1 of each year. Hardship exceptions are provided for with temporary on -street parking waivers as described below. In addition, parking is not allowed on any public street when 2" or more of snow has fallen until the street has been plowed. The official depth for the purpose of this subsection shall be determined by a duly appointed city official, whose determination shall be final and not subject to appeal. Any vehicle parked in violation of this subsection may be towed pursuant to Minnesota Statutes 169-041. A violation of this subsection is a petty misdemeanor. Temporary On -Street Parking Waivers: When undue hardship may result from strict compliance with the winter parking restrictions above, the Lino Lakes Police Department may issue a temporary overnight parking waiver as provided herein upon application therefore by the operator of the vehicle. Issuance of Temporary Waiver: The following shall govern the issuance and use of temporary overnight parking waivers by the police department. (1) Undue hardship. Refusal of the grant would create an unnecessary and undue hardship. (2) Public health, safety and general welfare. Granting of the waiver would not present an unreasonable threat to the public health, safety, and general welfare. (3) Temporary circumstances. The circumstances resulting in the request for a temporary waiver shall be of a temporary nature such as driveway repairs, social occasions, numerous guests, and similar situations where the advantage of the city having vehicles off the street in the early morning hours is outweighed by the practical problems created by such prohibition of overnight parking. (4) Length of waiver. The waiver shall be for a length of time not to exceed the minimum time necessary to relieve the hardship as determined by the police department. (5) Release of liability. The city shall incur no liability for any damages to a vehicle parked on a city street per a waiver for overnight parking. (6) Records. The police department will maintain a record of parking waivers including the nature of the request and the time period for which the parking waiver was allowed. (7) Application to snow removal. A waiver for on -street parking shall not be a defense to the violation of this chapter relating to snow removal after a 2" or more snowfall. The timeline for passage of the winter parking restrictions ordinance will be as follows: September 13, 2004 September 27, 2004 October 5, 2004 November 5, 2004 Public Hearing and 1 st Reading 2nd Reading Published in Quad Community Press Ordinance in Effect EFFECTIVE DATE: This ordinance shall be in force and effect from and after its passage and publication as provided in the Lino Lakes City Charter. The motion for the adoption of this Ordinance was duly seconded by Councilmember Reienrt, and upon roll call vote, the following voted in favor thereof: Councilmembers Dahl, Bergeson, Reinert, Carlson and Stoltz. The following voted against same: None. Whereupon said Ordinance was declared passed and adopted. Passed by the Lino Lakes City Council this 27th day of Septembery, 2004. ATTEST: n Ann Blair, Cit Clerk PAP John J. Bergeson, Mayor