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0457 Parking Violations 1996CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 457 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, MAKING TECHNICAL CORRECTIONS TO ORDINANCE NO. 446; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amended 10.04.080. Section 10.04.080 of the Chubbuck Municipal Code is amended as follows: 10.04.080: PARKING VIOLATION FEES. The owner of a vehicle in or upon which a parking violation notice has been left or attached by a police officer, volunteer parking enforcement officer, or parking attendant, employed or commissioned by the city may avoid being prosecuted for the violation alleged in such notice by electing to pay to the city elef police department, as a civil penalty for such violation, a fee of ten dollars ($10.00), unless said fee is not paid within ten days after the issuance of the parking violation notice, in which event the fee shall be twenty five dollars ($25.00), unless otherwise specifically provided by city ordinance. If the owner fails to respond to a parking violation notice within thirty days, an Idaho uniform traffic citation shall be issued to the owner of the vehicle and the violation shall be treated as an infraction, as provided in Section 1.12.030 of this code, punishable by a minimum fine of fifty dollars ($50.00) unless otherwise specifically provided by city ordinance. Section 2. Amended 10.04.090. Section 10.04.090 of the Chubbuck Municipal Code is amended as follows: ORDINANCE - Page 1 dec chbbck04.161 10.04.090: CREATION OF NO PARKING --FIRE LANE AREAS UPON PRIVATE PROPERTY. (A) A property owner may designate and mark an area for a fire lane adjacent to a commercial or business establishment, which fire lane shall be created for the purposes of keeping an area free for access by fire department and other emergency vehicles. Such fire lane shall be conspicuously painted by red or- yellow painting of the etif and shall b clearly marked by -a paint or by sign(s), as necessary, to be visible from the entire fire lane, which sign(s) shall be at least thirty six inches (36") above the ground and shall indicate "No Parking --Fire Lane" or some similar wording. Law enforcement officials, volunteer parking enforcement officers, firemen, and parking attendants employed or commissioned by the Ci1y are empowered to enter upon private property open to public use to enforce the provisions of this section and section 10.04.050Q. (B) The owner .aW or operator of a vehicle upon which a parking violation notice, gMng neti for violation of this section, has been left or attached by a peliee .- siened by the Gi shall be subject to the penalties provided by Section 10.04.080 of this chapter. Section 3. Amended Section 10.06.010. Section 10.06.010 of the Chubbuck Municipal Code is amended as follows: 10.06.010. DEFINITIONS. As used in Title 10 of the Chubbuck Municipal Code, the following terms shall have the following meanings, unless the context clearly indicates a different meaning: ORDINANCE - Page 2 dec chbbckO4.161 0 (a) Accessible Access Aisle: Any painted area or accessible pedestrian space, adjacent to designated accessible parking spaces, that provides clearances appropriate for use by persons with disabilities. (b) Accessible: Easy and able to be used, entered, or reached by a person with disabilities, as specified by Title 36, Code of Federal Regulations (CFR). (c) Accessible Parking Space: A parking space reserved for persons with disabilities, that is signed pursuant to Idaho Code 423 49-213. (d) Adjacent: Being near, close, bordering, contiguous, or next to. (e) Altered Special License Plate, Placard, or their Registration Cards and Decals: An unauthorized change to their distinguishing marks, letters, or numerals, so as to appear different than when originally issued. (f) Curb Cut: A short ramp cutting through a curb or built up walkway for use by a disabled person in a wheelchair or using other mechanical devices. (g) Facility: All or any portion of buildings, structures, site improvements, complexes, equipment, roads, walkways, passageways, parking lots, or other real or personal property located on a site. (h) Parkin pace: A definable area for parking motor vehicles. (i) Placards: A special card, issued by proper authority, displayed through the front windshield of a vehicle, by a disabled person authorizing that person and/or vehicle to utilize accessible parking privileges. (j) Person with a Disability: A person who is unable to walk two hundred (200) feet or more unassisted by another person; without the aid of a walker, cane, crutches, braces, prosthetic device or a wheelchair; or without great difficulty or discomfort due to ORDINANCE - Page 3 dec chbbckD4.161 the following impairments: neurological, orthopedic, respiratory, cardiac, arthritic disorder, blindness, or the loss of function or absence of a limb. (k) Public Use: Facilities that are privately or publicly owned and made available to the general public. (1) Ram : A walkway surface which has a running slope greater than 1:20. (m) Signing. Displayed verbal, symbolic, and pictorial information. (n) Walkway: An exterior pathway with a prepared surface intended for pedestrian use. Section 4. Amended Section 10.06.030 and 10.06.040. Section 10.06.030 and 10.06.040 are amended as follows: 10.06.030 ENFORCEMENT. (a) Violations. The following shall constitute violations of this Chapter: i.) The parking, er standing or stopping of a vehicle, Jwhether occupied or not} on, in, or blocking any part of an accessible parking space or zone, without a special placard or license plates for a person with a disability being conspicuously displayed on the vehicle, in accordance with 10.06..029 10.06.040. ii.) The parking, of standing or stopping of a vehicle, Jwhether occupied or not) on, in, or blocking any part of an access aisle, curb cut, ramp, or any painted area adjacent to an accessible parking space, regardless of whether or not the vehicle displays a valid special placard or license plates for accessible parking, is prohibited; unless a disabled person must use part of the access aisle or adjacent ORDINANCE - Page 4 dac chbbckO4.161 n u painted space in conjunction with the accessible parking space to be able to fully open their vehicle door; or unless the vehicle is momentarily in, on, or blocking any part of the accessible parking space, access aisle, adjacent painted area, curb cut, or ramp for the purpose of allowing a person with a disability to enter or exit the vehicle. iii). The parking, standing or stopping of a motor vehicle, whether occupied or not, in an accessible parking space without disabled parking privileges. iv). The parking, standing or stopping of a motor vehicle, whether occupied or not, in an accessible parking space without displaying special license plates or placard indicating the right to park in an accessible parking space. v). The parking, standing or stopping of a motor vehicle, Jwhether occupied or notl in, on, or blocking any part of an accessible access aisle, curb cut, or ramp. vi). The parking, standing or stopping of a motor vehicle, whether occupied or not, in an accessible parking space by a non -disabled person using the special license plates or placard of a disabled person . (b) Upon satisfactory proof provided to the police department by the owner or operator of the vehicle that was issued a parking violation notice for violation of this ..,,etio^ and Sections 10.06.030(a)(i), 10.06.030(a)(iii) ORDINANCE - Page 5 dsc chbbdkG4.te1 • or 10.06.030(a)(iv) that said owner or operator is entitled to parking privileges in accordance with section 49-410, Idaho Code, the parking violation notice will be amended to a violation of section 10.06.040 of this chapter and the penalty for violation of said Section 10.06.040 shall be levied in accordance with Section 10.04.080. 10.06.040 DISPLAY OF SPECIAL LICENSE PLATES AND PLACARDS. (a) Display of Valid Special License Plates and Placards. It is unlawful for any owner, operator, or passenger of a vehicle, entitled to the use of special license plates or placard, not to display the special license plates or placard as provided by Idaho law or in a manner that obscures the plate or placard; or to display expired special license plates; or to display an unreadable special placard when parked in an accessible parking space reserved for persons with disabilities. Violation of this Section 10.06.040(a) is subject to penalties levied pursuant to Section 10.04.080. (b) Expired and Unfe d^ je Special Placards. It is unlawful for any owner, operator, or passenger of a vehicle, entitled to the ose of speeial plaeaf&, to display an expired of tinfeada special placard when parked in an accessible parking space. Section 5. Amended 10.06.070. Section 10.06.070 is amended as follows: 10.06.070. INTERFERENCE WITH OFFICIAL PARKING CONTROL DEVICES. (a) Devices. Any person who, without lawful authority, attempts or in fact alters, defaces, injures, knocks down, removes, or interferes with the effective operation of any tfa€€ie parking control device; or the parking devices' inscription, shield or insignia, or any other part is guilty of a misdemeanor. ORDINANCE - Page 6 dac chbbckO4.161 (b) Special License Plates, Placards, and Registration Cards. Any person who, without lawful authority, who attempts or in fact alters, the distinguishing marks, letters, vad or numerals of special license plates, placards, or their registration cards and decals, so that the original distinguishing marks, letters, -MW or numerals appear different than when originally issued, for the purpose of unauthorized use of accessible parking privileges is guilty of a misdemeanor. Section 6. Amended 10.06.090. Section 10.06.090 of the Chubbuck Municipal Code is amended as follows: 10.06.090 PENALTIES. The owner of a vehicle upon which a parking violation notice giving notice of violation of this Chapter 10.06 has been left or attached by a police officer, volunteer parking enforcement officer, fire fighters, or parking attendant employed or commissioned by the city, may avoid being prosecuted for the violation alleged in such notice by electing to pay to the police department as a civil penalty for such violation, a fee of fifty dollars ($50.00), unless said fee is not paid within ten days after the issuance of the parking violation notice, in which event the fee shall be seventy five dollars ($75.00). If the owner fails to respond to the parking violation notice within thirty days, an Idaho uniform traffic citation shall be issued to the owner of the vehicle and the violation shall be treated as an infraction, as provided in Ordinance 1.12.030, punishable by a fine of one hundred dollars ($100.00). (2) Upon receipt of the civil penalty for a violation of section 5 o€this Wdinanee 10.06.050, the police department will forward a copy of the parking violation notice to the Idaho Motor Vehicle Bureau, Special Plates Section, P.O.Box ORDINANCE - Pepe 7 dec chbbck04.161 7129, Boise, Idaho, 83707-1129, for administrative action under section 49-410(10), Idaho Code. Section 7. Amended Section 10.28.010. 10.28.020 and 10.28.030. Sections 10.28.010, 10.28.020, and 10.28.030 of the Chubbuck Municipal Code are amended as follows: 10.28.010 APPOINTMENT OF VOLUNTEER PARKING ENFORCEMENT OFFICERS. The Chief of Police is authorized to appoint volunteers to issue parking violation notices or Idaho uniform traffic citations for violations of Idaho Code 49-410 and Chubbuck Ordinances 10.04.050(Q), 10.06.030 (a), 10.06.040, and 10.06.050, -and 10.06.960 dealing with parking privileges for disabled persons, parking control devices, parking direction, and fire lane areas; upon public and private property; and, when accompanied by a Chubbuck Police Officer, Idaho uniform traffic citations of ififfaetion for violations of Chubbuck Ordinance 10.04.050(S); 10.04.050(T); 10.06.060; and 10.06.070 and -0.06089. Volunteers appointed under this section must be at least 21 years of age and a resident of Chubbuck. The Chief of Police appointing the volunteers may establish any other qualifications deemed desirable. 10.28.020 TRAINING OF VOLUNTEER PARKING ENFORCEMENT OFFICERS. Upon appointing volunteers under this section the volunteers will be provided training before being authorized to issue parking violation notices or Idaho uniform traffic citations, . 10.28.030 AUTHORITY OF VOLUNTEER PARKING ENFORCEMENT OFFICERS. A parking violation notice; or an Idaho uniform traffic citation,—of- issued by a volunteer appointed under this section ORDINANCE - Page B dec chbbck04.161 • 0 shall have the same force and effect as a citation issued by a Chubbuck Police Officer for the same offense. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict; and any provision of Chapter 10.04 not otherwise amended herein shall remain in full force and effect. Section 2. Severability. If any provision of this Ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an Ordinance to be read three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval, and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 25th -day of JUNE , 1996. 0 ATTEST; CITY CLERK ORDINANCE - Pape 8 dac chbbck04.161 i 4 SUMMARY OF ORDINANCE NO. 457 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, amending Section 10.04.080, 10.04.090, 10.06.010, 10.06.030, 10.06.040, 10.06.070, 10.06.090, 10.28.010, 10.28.020 AND 10.28.030 to make technical corrections to Ordinance No. 446 which established the volunteer parking enforcement program, change the manner in which fire lanes could be designated and made changes in the parking provisions for display of handicap parking plates or placards; providing for the repeal of conflicting ordinances; providing that all other provisions of Title 10 not amended shall remain in full force and effect; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in full force and effect after its passage, approval and publication as allowed by law. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202 I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 457 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this 2 n dday of J U L Y , 1996. SUMMARY OF ORDINANCE NO. _ - Page 1 chbbck8 Thomas J. Holmes, City Attorney