Vandalia council passes ordinance on right of way parking

AN ORDINANCE CONTROLLING PARKING ON CITY OF VANDALIA RIGHT OF WAY

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VANDALIA, ILLINOIS:

SECTION I: This Ordinance shall control parking of motor vehicles upon the public right-of-way in areas specified in attached Schedule G with the exception of that portion of the public right-of-way which has been hard-surfaced and is a public street, avenue, or boulevard. For the purpose of this ordinance the public right-of-way consists of all those lands which have been dedicated to the public by either by the Legislature of the State of Illinois or by private subdivision dedication.

1. Parking on a sidewalk is prohibited at all times and places.

2. Parking on an alley is prohibited at all times and places unless otherwise posted.

3. Parking in streets or avenues is permitted unless parking shall be prohibited, limited or otherwise controlled by visible signage.

4. Parking upon right-of-way between the street-side curb, or, if no curb, between the hard surface road, and the sidewalk, or if no sidewalk, the private property line approximately paralleling the curb or closest hard surface roadway or avenue, is prohibited unless the parking area has been improved by a hard surface which may consist of a six-inch depth of either:

(1) Concrete, or

(2) Asphalt

5. If the area between the sidewalk or private property line and the curb or in the absence of a curb, the closest hard surface roadway is not improved as provided in paragraph 4 hereinabove, and there is a desire on the part of the owner of the adjacent private property that parking be therein permitted, no improvement consistent with the provisions of paragraph 4 shall be undertaken unless the private owner shall have obtained either an Excavation License as provided in Section 12.04.010 and 12.04.020 or a Parking Encroachment Permit. Application fora Parking Encroachment Permit shall be made to the Director of Public Works on a form provided by the City and no construction or modification of the right-of-way shall be undertaken until either an Excavation License or a Parking Encroachment Permit has been issued.

6. A Parking Encroachment Permit shall be a grant of permission to encroach upon public right-of-way but is only a license to use the property in question; it is neither an easement nor a conveyance of real property. A Parking Encroachment Permit may be revoked after 30 days written notice to the owner of record for failure to maintain the hard surface parking area in a manner consistent with the Parking Encroachment Permit requirements and specifications as therein set forth, or otherwise in a manner inconsistent with the public health and safety. If the specified reasons as set forth in the notice of prospective revocation have not been cured within the 30 day period, the notice of revocation shall issue from the City to the owner and the Parking Encroachment Permit holder shall immediately remove the encroachment from the City right-of-way.

7. The application for permit shall require all information therein set forth, and shall include, but shall not necessarily be limited to providing the following information:

(1) A detailed map of the proposed location.

(2) A description of the proposed encroachment including nature of construction, material to be used, the exact dimensions of the encroachment together with its relationship to the private property lines as extended, a drawing of the encroachment, and an explanation of any utility requirements and the location of any utilities.

(3) The name and address of the individual or legal entity who will undertake the construction.

(4) Whether a curb cut is or is not to be involved.

(5) A statement reciting that in consideration of receipt of the parking encroachment permit, the application/owner will pay any and all expenses incurred by the City in maintenance of its street if there shall be damage to the hard surfaced right-of-way caused by the encroachment or the encroachment construction process, and that the applicant/owner will indemnify and hold harmless the City from any action, proceeding or claim of liability asserted against the City resulting from the construction process or any damage to person or property arising directly or indirectly therefrom.

(6) That the construction shall be constructed, operated and maintained in a clean, safe and sanitary manner.

(7) Such other and further additional information as shall be required by the Director of Public Works after review of the application.

8. Without regard to the presence or absence of a hard surfaced parking area consistent with the provisions of paragraph 4 hereinabove, parking may be prohibited within a specified distance of street intersections when such prohibition may have been declared necessary for reasons of public safety by ordinance duly adopted.

9. A property owner having an existing private driveway which is consistent with the construction requirement as provided in paragraph 4 hereinabove and extends through the public right-of-way between the sidewalk or private property line and the curb or closest line of the hard surfaced roadway shall be exempt from applying for a parking encroachment permit and parking thereon shall be permitted so long as the private driveway remains consistent with the construction provisions of paragraph 4 hereinabove and the other continuing maintenance and operational requirements as set forth in a Parking Excavation Permit, the provisions thereof are adopted as a part of this subparagraph.

SECTION II: This Ordinance shall be in full force and effect 10 days from and after passage and publication.

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