059-21 - Town of Monterey - AN ORDINANCE DESIGNATING CERTAIN STREETS AS NO PARKING ZONES FOR THE PURPOSE OF PUBLIC SAFETY AND WELFARE FOR THE TOWN OF MONTEREY, INDIANA
AN ORDINANCE DESIGNATING CERTAIN
STREETS AS NO PARKING ZONES FOR THE PURPOSE
OF PUBLIC SAFETY AND WELFARE FOR THE TOWN OF
MONTEREY, INDIANA
Ordinance No. 1 of 2021
WHEREAS, the Town Council of the Town of Monterey, Indiana (the “Town Council”), is responsible for the performance of various functions for the Town of Monterey, Indiana (the “Town”); and
WHEREAS, the Town Council has identified various public streets, as further designated herein, that present a safety hazard with regard to street-side parking, for purposes of emergency response to emergency situations; and
WHEREAS, after careful consideration, the Town Council now desires to designate these streets as “No Parking Zones,” with penalties assessed, for violation of this parking prohibition.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Monterey, that this Ordinance Designating Certain Streets as No Parking Zones for the Purpose of Public Safety and Welfare for the Town of Monterey, Indiana, is hereby adopted as follows:
Section I.
Designation
1. The Town Council of the Town of Monterey, Indiana, hereby identifies the following streets as “No Parking Zones,” due to the safety hazard that parked vehicles, trailers, or other encumbrances present, should a first responder vehicle have to respond to an emergency:
(a) The northern portion Washington Street, located entirely within the Town of Monterey;
(b) The western portion of Center Street, north of Main Street;
(c) The western portion of West Street, north of Main Street.
Any individual or entity may inspect the designated No Parking Zones on a Town map, during the normal hours of operation, in the Monterey Town Hall.
2. The Town Council hereby appoints the following individuals as the Enforcement Authorities for the Town, as it pertains to enforcement of this Ordinance:
A. The Pulaski County Sheriff’s Department;
B. Any duly elected Town Council Member or the Clerk-Treasurer;
C. Any other agent of the Town, that has been duly authorized by a vote of the majority of the Town Council, at a meeting open to the public.
3. Penalties. Penalties for any violation of this Ordinance, shall be assessed, as follows:
(a) First Offense: Twenty-Five Dollars ($25.00).
(b) Second Offense: Fifty Dollars ($50.00).
i. For purposes of this Ordinance, an offense shall be considered a Second Offense, if the commission of the Second Offense occurs within One Hundred and Eighty (180) days following the First Offense. If any repeat violation occurs outside of this One Hundred and Eighty (180) day window, that violation shall be considered a First Offense.
(c) Additional Offenses: One Hundred Dollars ($100.00) per offense.
i. For purposes of this Ordinance, an offense shall be considered an Additional Offense, if the commission of the Additional Offense occurred within Ninety (90) days following either the Second or previous Additional Offense. If any repeat violation occurs outside of this Ninety (90) day window, that violation shall be considered a First Offense.
(d) Any individual in violation of this Ordinance, who has received an offense, shall have Twenty-Four (24) hours to correct the violation, before it becomes a Second or Additional offense.
4. Nothing in this Ordinance shall prohibit the Town from having any vehicle in violation of this Ordinance towed, at the Owner, operator, or licensee’s expense, provided that the Town has adhered to proper statutory procedure.
Section II.
Effective Date
1. This Ordinance shall become effective thirty (30) days after notice of the adoption shall have been published in a paper as described in Indiana Code § 5-3-1-4.
PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF MONTEREY, INDIANA, THIS 9th DAY OF FEBRUARY, 2021.
THE MONTEREY, INDIANA TOWN COUNCIL
Douglas Denton, President; Members: James Fleury, Emily Bailey
ATTEST: Linda McCune, Clerk-Treasurer
059-21 G 03/17