HomeMy WebLinkAboutOrdinance No. 521It 0
ORDINANCE NO. 521
AN ORDINANCE REGULATING THE USE OF CITY CURBS AND INSTALLATION
OF DRIVE-WAYS; REGULATING THE USE OF SAID CURBS FOR PRIVATE
PARKING PURPOSES; PROVIDING THE ISSUANCES OF PERMITS FOR CURB
CUTS AND PRIVATE PARKING UPON THE CURBS; PROVIDING FOR PAYMENT
OF AN ENCROACHMENT TAX FOR CURB USE; AND PROVIDING PENALITIES
FOR THE VIOLATION THEREOF AND REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT THEREWITH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAUREL, MONTANA:
Section 1: That whereas, it is necessary for the health,
welfare and public safety of the inhabitants of the City of
Laurel that the use of the curbs upon the public streets and
highways of the City of Laurel be regulated.
Section 2: That from and after the effective date of this
act, no person, firm, partnership, association or corporation,
owning, using or renting any real property within the City of
Laurel, shall cut down the curb or install a cut curb for the
purpose of having drive-ways over the curb or shall be entitled
to reserve said curb space for any private purposes without first
obtaining approval of the City Council of the City of Laurel.
Section 3: Any person, firm, partnership, association or
corporation desiring to obtain the approval of the City Council
of the City of Laurel for installing or making a curb cut for
a drive-way or for reserving private parking space upon the curb
as above provided, shall make a written application to the City
Council upon forms provided by the City Engineer's Office.
Section 4: The City Council shall examine all requests
submitted under the terms of this ordinance abd shall grant or
deny the same as they see fit in the best interest of the inhab-
itants of the City of Laurel.
Section 5: That upon the granting of a request for a curb
cut, for the installation of a drive-way, or for a private park-
ing space in any area considered by the City Council to be a
congested area or an area of heavy traffic, that the City Council
shall assess against such person an encroachment tax in an amount
of $2.00 per running foot per year for the curb cut or parking
space so granted. All sums due and payable shall be paid by
the applicant or his sucessors in interest yearly on or before
Y
the 1st day of January of each year; and all sums so collect-
able shall be for the purpose of providing and paying for the
extra police protection and traffic supervision required by the
installation of said drive-way or parking space in the congested
area or area of heavy traffic. That all such funds so collect-
able shall be deposited in the "Protection of Life and Property
fund" of said City.
Section 6: That any curb cut, drive-way or private park-
ing area set up prior to the enactment of this Ordinance, in
any area of the City or Town, which the City Council shall deem
to be a congested area or an area under heavy traffic, that the
person, firm, partnership, association, or corporation owning
the property or managing and using the same on behalf of said
owners, shall pay an encroachment tax to the City of Laurel as
hereinbefore provided.
Section 7: That any curb cut, drive-way, or private park-
ing area set up or allowed after the date,of this Ordinance, in
an area which the City Council, at the time of granting permission
for said curb cut, drive--way or private parking area, was consid-
ered and deemed by said council to be outside the area designated
as a congested area or an area of heavy traffic, shall not be
final in that the City Council reserves the right to redesignate
any such area as a congested area or an area of heavy traffic as
the needs of the City shall so require; and upon such designation
of any such area as a congested area or an area of heavy traffic,
that the person, firm, partnership, association or corporation
owning the property or managing and using the same will, on be-
half of said owners, pay an encroachment tax to the City of
Laurel as hereinbefore provided.
Section 8: Any previous ordinance or portion thereof in
conflict with any of the terms of this ordinance ir? hereby
repealed.
Section 9: Any person violating any of the provisions of
this Ordinance shall, upon the conviction thereof, be punished
by a fine of not less than $5.00 nor more than $100.00 or im-
prisonment not exceeding 30 days or both such fine and. imprison-
-2-
went; each and every day that a person shall be in violation
of this Ordinance shall be deemed separate violations thereof.
Passed by the City Council of the City of Laurel, Montana,
and approved this T4 day of 1958.
Mayor-
ATTEST:
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