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0446 Parking Regulations 1995� a CITY OF CHUBBUCK, IDAHO ORDINANCE NO #446 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 10.04.050 OF THE CHUBBUCK MUNICIPAL CODE TO REQUIRE COMPLIANCE WITH THE DIRECTIONS OF A FIRE FIGHTER, VOLUNTEER PARKING ENFORCEMENT OFFICER, OR PARKING ATTENDANT; EMPLOYED OR COMMISSIONED BY THE CITY; AMENDING SECTION 10.04.080 OF THE CHUBBUCK MUNICIPAL CODE TO CHANGE PARKING VIOLATION FEES; AMENDING SECTION 10.04.090 OF THE CHUBBUCK MUNICIPAL CODE, TO CLARIFY THE MARKING OF FIRE LANES AND TO PROVIDE PENALTIES FOR VIOLATIONS AND EXEMPTIONS; ADDING CHAPTER 10.06, ACCESSIBLE PARKING TO THE CHUBBUCK MUNICIPAL CODE TO PROVIDE FOR THE ESTABLISHMENT OF ACCESSIBLE PARKING SPACES FOR PERSONS WITH DISABILITIES; MARKING AND SIGNING OF SUCH SPACES; MAKING IT UNLAWFUL FOR UNAUTHORIZED USE OF ACCESSIBLE PARKING SPACES OR OBSTRUCTION OF ACCESSIBLE PARKING SPACES; AND ENFORCEMENT PURSUANT TO THIS ORDINANCE; ADDING CHAPTER 10.28 VOLUNTEER PARKING ENFORCEMENT PROGRAM TO PROVIDE FOR THE USE OF VOLUNTEERS TO ENFORCE CERTAIN PARKING VIOLATIONS; 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 10.04.050. Section 10.04.050 of the Chubbuck Municipal Code is amended as follows: 10.04.050: PARKING VIOLATION: It shall be unlawful for any person to stop, stand, or park a vehicle except when necessary to avoid conflict with other traffic in compliance with law or the directions of a police officer, fire fighter, volunteer parking enforcement officer, parking attendant employed or commissioned by the City or traffic control device, in any of the following places: A. On a sidewalk; ORDINANCE - Page 1 dsc chbbck08.222 B. In front of a public or private driveway; C. Within an intersection; D. Within fifteen feet (15) of a fire hydrant; E. On a crosswalk; F. Within twenty feet (20) of a crosswalk at an intersection; G. Within thirty feet (30) upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway; H. Within fifty feet (50) of the nearest rail of a railroad crossing; I. Within twenty feet (20) of the driveway entrance to any fire station; J. Alongside or opposite any street obstruction or excavation when stopping, standing, or parking would obstruct traffic; street; K. On a roadway side of any vehicle stopped or parked at the edge or curb of a L. Upon any bridge; M. On any City street between eight o'clock (8:00) a.m. and five o'clock (5:00) p.m. on the day of the week that the City or its contractor conducts residential garbage collection on said street; N. At any place where stopping is otherwise prohibited by official signs; O. At any place where on -street parking is prohibited by ordinance; P. At any location where standing or parking is deemed unlawful under the provisions of the preceding sections of this Chapter; Q. In an area designated as a "fire lane" or "no parking --fire lane" area. R. In front of a mailbox or within twelve feet (12) of a mailbox. ORDINANCE - Page 2 d9c chbbck08.222 S. Where prohibited by traffic control devices. T. Where directed not to park by the lawful order of a police officer, fire fighter, volunteer parking enforcement officer, or parking attendant employed or commissioned by the city. Section 2. 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 clerk, as a civil penalty for such violation, a fee of five dollar 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 fifteen dA 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, a 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 3. Amended 10.04.090. Section 10.04.090 of the Chubbuck Municipal Code is amended as follows: ORDINANCE - Page 3 dsc chbbckO8222 10.04.090: CREATION OF NO PARKING --FIRE LANE AREAS UPON PRIVATE PROPERTY. LA 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 curb and/or parkin blocks 1� ocks, and shall be clearly marked by a sign sign(s), as necessary, to be visible from the entire fire lane, which -sip sins 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 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 and operator of a vehicle upon which a parking violation notice wing notice of violation of this section has been left or attached by a police officer, volunteer parking enforcement officer, or parking attendant employed or commissioned by the city shall be subject to the penalties provided by Section 10.04.080 of this chapter. ORDINANCE - Page 4 dac chbbckO8.222 • SECTION 4. Adding Chapter 10.06 Accessible Parking. The following Chapter 10.06 is added to the Chubbuck Municipal Code: CHAPTER 10.06 ACCESSIBLE PARKING Sections: 10.06.010 Definitions. 10.06.020 Marking and Signing. 10.06.030 Enforcement. 10.06.040 Display of Special License Plates and Placards 10.06.050 Unlawful use of Special Plates or Placards. 10.06.060 Obedience to Parking Direction. 10.06.070 Interference with Official Parking Control Devices. 10.06.080 Authority. 10.06.090 Penalties. 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: (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. ORDINANCE - Page 5 dsc chbbckO8.222 (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 45-213. (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) Facilijy: 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) Parking Space: 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 the following impairments: neurological, orthopedic, respiratory, cardiac, arthritic disorder, blindness, or the loss of function or absence of a limb. ORDINANCE - Page 6 dsc chbbck06.222 • 0 (k) Public Use: Facilities that are privately or publicly owned and made available to the general public. (1) Ramp: 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. 10.06.020. MARKING AND SIGNING. (a) Facilities. Owners or managers of public property or private property open to public use may designate accessible parking zones and spaces to be used exclusively by vehicles displaying a special license plate or placard for persons with disabilities, as prescribed in section 49-410, Idaho Code. Any parking zone or spaces so designated shall conform to Section 49-213, Idaho Code and the requests thereunder. 10.06.030 ENFORCEMENT. (a) Violations. The following shall constitute violations of this Chapter: L) The parking or standing of a vehicle, whether 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 10.06.020. ii.) The parking or standing of a vehicle, whether 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 ORDINANCE - Page 7 dsc chbbck08.222 plates for accessible parking, is prohibited; unless a disabled person must use part of the access aisle or adjacent 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, whether occupied or not, 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 city clerk or shift commander of the police department by the owner or operator of the vehicle that was issued a parking ORDINANCE - Page 8 dec chbbck08.722 Ll 0 violation notice for violation of this section and 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. 10.06.040 DISPLAY OF SPECIAL LICENSE PLATES AND PLACARDS. (a) Display of valid 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; when parked in an accessible parking space reserved for persons with disabilities. (b) Expired and Unreadable Special Placards. It is unlawful for any owner, operator, or passenger of a vehicle, entitled to the use of special placards, to display an expired or unreadable special placard when parked in an accessible parking space. 10.06.050. UNLAWFUL USE OF SPECIAL LICENSE PLATES OR PLACARDS. (a) Individual. Any use of a disabled person's special license plates, placards, or vehicles by a non -disabled person for parking privileges in accordance with section 49- 410 Idaho Code, when that disabled person in not being transported in the vehicle, is prohibited and considered a violation of this Chapter. (b) Business. Any use by a non -disabled person of a special placard issued to a business, or vehicle of a business, for parking privileges in accordance with section 49- 410 Idaho Code, when disabled persons are not being transported in the vehicle, is prohibited and considered a violation of this Chapter. ORDINANCE - Page 9 dsc chbbckO8.222 r 0 10.06.060. OBEDIENCE TO PARKING DIRECTION. (a) Individual. Any person which willfully fails or refuses to comply with a lawful order or direction of any police officer, volunteer parking enforcement officer, fire fighter, or parking attendant employed or commissioned by the city is guilty of a misdemeanor. 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 traffic control device; or the parking devices' inscription, shield or insignia, or any other part is guilty of a misdemeanor. (b) Special License Plates, Placards, and Registration Cards. Any person who, without lawful authority, who attempts or in fact alters, the distinguishing marks, letters, and numerals of special license plates, placards, or their registration cards and decals, so that the original distinguishing marks, letters, and numerals appear different than when originally issued, for the purpose of unauthorized use of accessible parking privileges is guilty of a misdemeanor. 10.06.080. AUTHORITY. (a) Law enforcement officials, volunteer parking enforcement officers, fire fighters, and parking attendants employed or commissioned by the city, are empowered to enter public property or private property open to public use, to enforce the provisions of this chapter and are empowered to check personal identification to determine if the user of a special license plate or placard is authorized to use an accessible parking space. ORDINANCE - Page 10 dsc chbbck08.222 10.06.090 PENALTIES. The owner and/or 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 city clerk, 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, a 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 of this ordinance, the city clerk will forward a copy of the parking violation notice to the Idaho Motor Vehicle Bureau, Special Plates Section, P.O.Box 7129, Boise, Idaho, 83707-1129, for administrative action under section 49-410(10), Idaho Code. Section 5. Adding Chapter 10.28 Volunteer Parking Enforcement Program. The following Chapter 10.28 is added to the Chubbuck Municipal Code: CHAPTER 10.28 VOLUNTEER PARKING ENFORCEMENT PROGRAM Sections: 10.28.010 Appointment of Volunteer Parking Enforcement Officers ORDINANCE - Page 11 dac chbbck08.222 10.28.020 Training of Volunteer Parking Enforcement Officers 10.28.030 Authority of Volunteer Parking Enforcement Officers 10.28.010 APPOINTMENT OF VOLUNTEER PARKING ENFORCEMENT OFFICERS. The Chief of Police is authorized to appoint volunteers to issue parking violation notices or uniform traffic citations for violations of Idaho Code 49-410 and Chubbuck Ordinances 10.04.050(Q), 10.06.030 (a), 10.06.040, 10.06.050, and 10.06.060, 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, uniform traffic citations or infraction complaints and summons for violations of Chubbuck Ordinance 10.04.050(S); 10.04.050(T); and 10.06.070 and 10.06.080. 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, uniform traffic citations, or misdemeanor complaint and summons. 10.28.030 AUTHORITY OF VOLUNTEER PARKING ENFORCEMENT OFFICERS. A parking violation notice, a uniform traffic citation, or a misdemeanor complaint and summons issued by a volunteer appointed under this section shall have the same force and effect as a citation issued by a Chubbuck Police Officer for the same offense. ORDINANCE - Page 12 dsc chbbck08.222 p 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 14th. day of NOVEMBER , 1995. ATTEST: &", �-� 0, CITY CLERK ORDINANCE - Page 13 dao chbbck08.222