Chapter 10.45 REGULATIONS ON PRIVATE BUSINESS PROPERTY

Chapter 10.45
REGULATIONS ON PRIVATE BUSINESS PROPERTY

Sections:

10.45.020 Authority to enter into contracts.

10.45.010 Definition.

For the purposes of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning:

“Private business property” means business establishments offering goods or services to the general public and all parking lots, structures, and facilities associated therewith. [Ord. G-92-11, passed 7-6-92. 1982 Code § 79.01; 1983 Code § 7.79.01.]

10.45.020 Authority to enter into contracts.

(A) The Board of Public Safety, upon approval of the City Council by resolution, is authorized to enter into contracts with owners or lessees of private business property to:

(1) Regulate and erect signs, signals or markings regulating parking, vehicular traffic, pedestrian traffic, and the occupancy of the private business property by the public;

(2) Provide for the removal and storage of vehicles where abandoned or found in violation of City ordinance;

(3) Provide for the installation, maintenance, and division of revenue from parking meters;

(4) Provide for the regulation of the occupancy and use of the private business property by the public; and

(5) Regulate any other activity authorized by IC 9-21-18-1 et seq., or this municipal code.

(B) Any contract entered into between the Board of Public Safety and the owner or lessee of private business property must be in compliance with State law and must provide:

(1) For the compensation to the City for the cost of planning, installing, and maintaining appropriate signs, signals or markings if said signs, signals or markings are to be supplied, installed or maintained by the City;

(2) For the compensation of the City for the cost of law enforcement services if the manner or frequency of enforcement is specified in the contract and not left to the discretion of the Police Department and Parking Meter Department;

(3) That the initial term of the contract may not be more than one year and may not be renewed for periods longer than four years, or the duration of the lessee’s lease, whichever is less;

(4) That the contract may be canceled at any time by either party upon 30 days’ written notice to the other party;

(5) That all revenue derived from fines shall be the City’s;

(6) That owners or lessees shall not use the 911 system except in emergency situations;

(7) For any other reasonable and desirable terms or conditions considered appropriate by the Board of Public Safety;

(8) That owners and lessees shall use off-duty officers except in the case of emergency; and

(9) That owners or lessees shall indemnify and hold the City harmless for all acts of negligence of the owners or lessees and their agents, employees, and assigns associated with enforcement of this chapter and maintain public liability insurance naming the City of Evansville as an additional insured in amounts not less than $300,000 per person and $1,000,000 aggregate. [Ord. G-92-11, passed 7-6-92. 1982 Code § 79.02; 1983 Code § 7.79.02.]

10.45.030 Violations.

When the Board of Public Safety has contracted with the owners or lessees of a private business property to provide enforcement services upon the private business property, it shall be a violation of this chapter for any person to do any of the following without permission of the owners or lessees of the private business property:

(A) Unlawfully park a motor vehicle in a space reserved for handicapped parking under IC 5-16-9 or 9-7-4.1 (the provisions of EMC 10.15.430 are hereby incorporated herein);

(B) Park a motor vehicle in a fire lane;

(D) Park a motor vehicle in a space for a period of time longer than that permitted by signs or meters;

(E) Enter or remain upon private business property beyond the posted time limits;

(F) Remain upon private business property after being asked to leave for violation of rules and regulations of the private business property owners or lessees;

(G) Deposit trash, debris or property on the private business property;

(H) Allow a motor vehicle to remain upon private business property beyond posted time limits;

(I) Operate a motor vehicle upon portions of private business property not designed or intended for vehicular traffic; and

(J) Otherwise operate a motor vehicle in violation of posted signs or markings. [Ord. G-92-11, passed 7-6-92. 1982 Code § 79.03; 1983 Code § 7.79.03.]

10.45.040 Fines and enforcement.

The following fines and enforcement shall apply to violations of EMC 10.45.030:

(A) For each violation of EMC 10.45.030(A) a fine of $20.00 is hereby imposed, but shall be reduced to $10.00 if paid to the City Clerk’s office within 30 days of the violation of said subsection. Additionally, a motor vehicle parked in said space may be towed at the owner’s expense for towing and storage if unlawfully parked in a space reserved for handicapped parking.

(B) For violation of EMC 10.45.030(B) or (C) a fine of $8.00 is hereby imposed, but shall be reduced to $5.00 if paid to the City Clerk’s office within 30 days of the violation of said subsections.

(C) For violation of EMC 10.45.030(D), (G), (H), (I) or (J), a fine of $12.00 is hereby imposed unless such fine is paid to the City Clerk’s office within 30 days of the violation, in which event the fine shall be reduced to $5.00 per violation.

(D) For violation of EMC 10.45.030(E) and (F), a fine of $25.00 is hereby imposed unless the fine is paid to the City Clerk’s office within 30 days of the violation, in which event the fine shall be reduced to $15.00.

(E) In addition to the fines imposed above, any vehicle parked in a fire lane, handicapped parking space, or in such a manner as to obstruct vehicular traffic may be towed at the owner’s expense for towing and storage.

(F) The owner or person in control of a motor vehicle which is parked in a manner prohibited by this chapter shall be jointly and severally liable for all fines and costs and expenses associated with enforcement, including, but not limited to, towing and storage charges and all Court costs. [Ord. G-92-11, passed 7-6-92. 1982 Code § 79.04; 1983 Code § 7.79.04.]