HomeMy WebLinkAbout0297 Snow Emergency Parking 1988CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 297
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REGULATING THE
OPERATION AND PARKING OF MOTOR VEHICLES DURING SNOW EMERGENCY
AND ESTABLISHING PENALTIES FOR VIOLATION OF THE ORDINANCE;
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:
10.12.01. Short Title And Purpose. This Ordinance shall be
known and may be cited as the "Snow Emergency Ordinance of the
City of Chubbuck," and the purpose of this ordinance is:
(a) To render the removal of snow and ice from the public
streets safe, more economical and less time consuming;
(b) Avoid collisions of snow removal equipment with motor
vehicles and reduce the possibility of accidents involving
pedestrians;
(c) Provide for more efficient and economical utilization of
snow removal equipment.'
10.12.02. Definitions. The following definitions shall
apply in the interpretation and enforcement of this ordinance:
(a) "Mayor" is the Mayor of the City of Chubbuck, and in his
absence, his duly designated and acting representative.
(b) "Street" or "highway" means the entire width between the
boundary lines of every way publicly maintained when any part
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thereof is open to the use of the public for purposes of vehicular
travel.
(c) "Roadway" means that portion of a street or highway
improved, designed, or ordinarily used for vehicular travel,
exclusive of the berm or shoulder.
(d) "Streets" are all hard surface streets within the City.
(e) "Snow Tires" are any tires mounted on drive wheels of
motor vehicles which are especially designed to give effective
traction on snow, mud, or ice covered streets by means of extra
heavy duty treads with special high-traction patterns, except that
no tire so defined shall be construed to be a snow tire if it is
damaged or worn to the extent that its performance would be
substantially impaired.
(f) "Tire chains" are any metal chains or cables mounted on
drive wheel tires of motor vehicles which cross t.he tread of each
such tire laterally in at least three different places.
10.12.03. Parking on Streets.
(a) Whenever the Mayor finds, on the basis of falling snow,
sleet, freezing rain, or on the basis of a forecast by the U. S.
Weather Bureau of snow, sleet, or freezing rain, that weather
conditions will make it necessary that motor vehicle traffic be
expedited and that parking on city streets be prohibited or
restricted for snow plowing and other purposes, the Mayor shall
put into effect a parking prohibition on parts of or all streets
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as necessary by declaring it in a manner prescribed by this
ordinance. The prohibition shall remain in effect until
terminated by announcement of the Mayor in accordance with this
ordinance, except that any street area which has become
substantially clear of snow and ice from curb to curb for the
length of the entire block shall be automatically excluded
therefrom.
(b) Notwithstanding the provisions of subsection (a) hereof,
a parking prohibition shall automatically go into effect on any
part of any street on which there has been an accumulation of snow
and ice of three inches or more in any day.
(c) While the prohibition is in effect, no person shall park
or allow to remain parked any vehicle on any street to which it
applies during the time from 7:00 a.m. until 7:00 p.m. except
where the street has been substantially cleared of snow and ice
from curb to curb for the length of the entire block.
(d) However, nothing in this section shall be construed to
permit parking at any time or place where it is forbidden by any
other provision of law.
10.12.04. Stalled vehicle on Street. Whenever a vehicle
becomes stalled for any reason, whether or not in violation of
this ordinance, on any part of a street on which there is a
covering of snow, sleet or ice or on which there is a parking
prohibition in effect, the person operating such vehicle shall
take immediate action to have the vehicle towed or pushed off the
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roadway of such street. No person shall abandon or leave his
vehicle in the street (regardless of whether the hood is raised or
otherwise indicating that the vehicle is stalled), except for the
purpose of securing assistance during the actual time necessary to
go to a nearby telephone or to a nearby garage, gasoline station,
or other place of assistance and return without delay.
10.12.05. Declarations of the Mayor.
(a) The Mayor shall cause each declaration made by him
pursuant to this ordinance to be publicly announced by means of
broadcasts or telecasts from stations with a normal operating
range covering the city, and he may cause such declaration to be
further announced in newspapers of general circulation when
feasible. Each announcement shall describe the action taken by
the Mayor, including the time it became or will become effective,
and shall specify the streets or areas affected. A parking
prohibition declared by the Mayor shall not go into effect until
it has been announced at least one time in accordance with this
section.
(b) The Mayor shall make or cause to be made a record of
each time and date when any declaration is announced to the public
in accordance with this section.
10.12.06. Termination of Parking Prohibition by the Mayor.
Whenever the Mayor shall find that some or all of the conditions
which give rise to a parking prohibition in effect pursuant to
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this ordinance no longer exist, he may declare the prohibition
terminated, in whole or in part, in a manner prescribed by this
ordinance, effective immediately upon announcement.
10.12.07 Provisions Temporarily Effective to Take
Precedence. Any provision of this ordinance which becomes
effective by declaration of the Mayor or upon the occurrence of
certain weather conditions shall, while temporarily in effect,
take precedence over other conflicting provisions of law normally
in effect, except that it shall not take precedence over
provisions of law relating to traffic accidents, emergency travel
of authorized emergency vehicles, or emergency traffic directions
by a police officer.
10.12.08. Removal, Impounding, and Return of vehicles.
(a) Members of the police department are hereby authorized
to remove or have removed a vehicle from a street to the nearest
garage or other place of safety (including another place on a
street), or to a garage designated or maintained by the police
department, or otherwise maintained by this city, when:
(1) The vehicle is parked on a part of a street on
which a parking prohibition is in effect.
(2) The vehicle is stalled on a part of a street on
which there is a covering of snow, sleet, or ice or on which
there is a parking prohibition in effect and the person who
was operating such vehicle does not appear to be removing it
in accordance with the provisions of this ordinance.
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(3) The vehicle is parked in violation of any parking
ordinance or provision of law and is interfering or about to
interfere with snow removal operation.
(b) Whenever an officer removes or has removed a vehicle
from a street as authorized in this section and the officer knows
or is able to ascertain from the registration records in the
vehicle the name and address of the owner thereof, such officer
shall immediately give or cause to be given notice in writing to
such owner of the fact of such removal and the reasons therefor
and of the place to which such vehicle has been removed. In the
event any such vehicle is stored in a public garage, a copy of
such notice shall be given to the proprietor of such garage.
(c) Whenever an officer removes or has removed a vehicle
from a street under this section and does not know and is not able
to ascertain the name of the owner, or for any other reason is
unable to give the notice to the owner as hereinbefore provided,
and in the event the vehicle is not returned to the owner within a
period of three (3) days, then and in that event the officer shall
immediately send or cause to be sent a written report of such
removal by mail to the State department whose duty it is to
register motor vehicles, and shall file a copy of such notice with
the proprietor of any public garage in which the vehicle may be
stored. Such notice shall include a complete description of the
vehicle, the date, time and place from which removed, the reasons
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for such removal, and name of the garage or place where the
vehicle is stored.
(d) No person shall recover any vehicle removed in
accordance with this section except as provided herein. Before
the owner or person in charge of such vehicle shall be allowed to
recover it from the place where it has been placed or impounded,
he shall present to a member of the police department evidence of
his identity and right to possession of the vehicle, shall sign a
receipt for its return, shall pay the cost of removal, and shall
pay any cost of storage. Until paid, these charges constitute a
lien on the vehicle which may be enforced in the same manner as a
lien in accordance with the provisions of Idaho Code ~ 45-805.
(e) It shall be the duty of the police department to keep a
record of each vehicle removed in accordance with this section.
The record shall include a description of the vehicle, its license
number, the date and time of its removal, where it was removed
from, its location, the name and address of its owner and last
operator, if known, its final disposition, and the parking
violation involved.
(f) This section shall be supplemental to any other
provisions of law granting members of the police department
authority to remove motor vehicles.
10.12.09. Citation on vehicle Parked or Left in Violation of
Ordinance. Whenever any motor vehicle without a driver is found
parked or left in violation of any provision of this ordinance,
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and is not removed and impounded as provided for in this
ordinance, the officer finding such vehicle shall take its
registration number and any other information displayed on the
vehicle which may identify its user, and shall conspicuously affix
to such vehicle a traffic citation.
10.12.10. Failure to Comply with Parking Violation Notice.
The owner of a vehicle in or upon which a parking violation notice
has been left or attached by a police officer 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 volation, a fee
of five dollars, 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 dollars. If the owner fails to respond to a
parking violation within thirty days, a uniform traffic citation
shall be issued to the owner of the vehicle and the violation
shall be treated as a misdemeanor, as provided in Section 1.12.010
of this code.
10.12.11. Evidence with Respect to vehicles Parked or Left
in Violation of Ordinance. In any prosecution with regard to a
vehicle parked or left in a place or in a condition in violation
of any provision of this ordinance, proof that the particular
vehicle described in the complaint was parked or left in violation
of a provision of this ordinance, together with proof that the
defendant named in the complaint was at the time the registered
owner of such vehicle, shall constitute prima facie evidence that
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the defendant was the person who parked or left the vehicle in
violation of this ordinance.
ADMINISTRATIVE PROVISIONS
Section 2. 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.
Section 3. 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 4. Effective Date. The rule requiring an ordinance
to be read on 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
1988.
ATTEST:
CITY CLERK
26th day of JANUARY
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