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0255 Parking Violations - Garbage Collection Days 1984CITY OF CHUBBUCK, IDAHO ORDINANCE NO. ~-~ AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, PROVIDING FOR THE PROHIBITION OF PARKING IN CERTAIN AREAS OF THE CITY; REGULATING THE PARKING OF VEHICLES WITHIN THE CITY DURING BUSINESS HOURS ON SELECTED DAYS OF THE WEEK; PROVIDING FOR THE PROSECUTION OF PARKING VIOLATIONS AS MISDEMEANORS; PROVIDING THAT PROSECUTION FOR PARKING VIOLATIONS MAY BE AVOIDED BY THE PAYMENT OF A PARKING VIOLATION FEE TO THE CITY CLERK'S OFFICE; PROVIDING THAT THERE SHALL BE A PRESUMPTION THAT THE REGISTERED OWNER OF A VEHICLE IN VIOLATION OF THE CITY'S PARKING ORDINANCES WAS THE DRIVER AT THE TIME SUCH VIOLATION OCCURRED; PROVIDING THAT IF A REGISTERED OWNER FAILS TO RESPOND TO A PARKING VIOLATION NOTICE WITHIN THIRTY DAYS, A TRAFFIC CITATION SHALL BE ISSUED TO THE OWNER OF THE VEHICLE AND THE VIOLATION SHALL BE TREATED AS A MISDEMEANOR; REPEALING PRIOR CONFLICTING ORDINANCES; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: SECTION 1: 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 or traffic control device, in any of the following places: (a) On a sidewalk; (b) In front of a public or private driveway; (c) Withing an intersection; (d) Within fifteen (15) feet of a fire hydrant; (e) On a crosswalk; (f) Within twenty (20) feet of a crosswalk at an intersection; (g) Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway; Ordinance - Page 1 jm CH#4- (h) Within fifty (50) feet of the nearest rail of a railroad crossing; (i) Within twenty (20) feet of the driveway entrance to any fire station; (j) Alongside or opposite any street obstruction or excavation when stopping, standing or parking would obstrct traffic; (k) On a roadway side of any vehicle stopped or parked at the edge or curb of a street; (1) Upon any bridge; (m) On any city street between 8:00 a.m. and 5:00 p.m. of the week that the City 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 Ordinance No. 215 of the City of Chubbuck, Idaho, passed and approved on the 10th day of June, 1980. SECTION 2. Determination of No-Parkinq Zones. The City shall prepare a map or schedule which will establish the days on which the City conducts residential garbage collection on selected streets in the City. Said schedule or map shall be maintained at the City Offices and be available for public inspection. Any changes in said map or schedule shall only be made by resolution of the City Council. SECTION 3: Signs. The Chief of Police or any other person authorized by the Mayor and Council shall cause signs to be posted in all areas where parking is limited to certain hours of the day pursuant to this Ordinance. Said sign shall indicate the hours and day of the week on which parking is prohibited on the city streets. It shall not be necessary that said signs be posted on every city street if the signs can be so located as to fairly Ordinance - Page 2 jm CH#4- advise the public of the limitation on parking in a given residential or commercial area. The Chief of Police or any other person authorized by the Mayor and Council shall also cause signs to be erected as may be necessary to give notice and advise the general public of the other restrictions and prohibitions enacted herein. SECTION 4: Towing of Cars. The Public Works Director or Chief of Police may cause cars to be towed away which are parked on the streets in violation of this Ordinance. Any cars thus towed away may be reclaimed after paying the towing fee and/or storage. If said vehicle is not claimed with forty-eight (48) hours of the removal of such vehicle, the Superintendent of Streets, Public Works Director or Chief of Police shall cause notice to be given to the owner of the vehicle, to any known lienholder, and also to the owner or occupant of the property immediately adjacent to the area from which the vehicle was removed. Said notice shall state that said vehicle has been impounded and stored for violation of this Ordinance, shall specify the location where the location is stored, and state the costs of the towing fee and/or storage which must be paid prior to reclamation of the vehicle. Notice shall be delivered personally or sent by mail. In the event said vehicle is not claimed by its owner, the vehicle shall be disposed of in accordance with Section 6 of Ordinance 179 of the City of Chubbuck, Idaho, or such other ordinances or statutes as may, from time to time be passed, for the disposition of unclaimed vehicles. SECTION 5: Penalty. Any person parking motor vehicles as prohibited in this Ordinance shall be deemed guilty of a misdemeanor and may be punished by a fine not to exceed three hundred dollars ($300.00) or by a jail sentence not to exceed thirty (30) days, or by both such fine and jail imprisonment. There shall be a presumption that the registered owner of the vehicle was the driver at the time such violation occurred; the burden shall be on the registered owner to rebut this presumption. Ordinance - Page 3 jm CH#4- SECTION 6: Parkinq Violation Fees. The owner of a vehicle in or upon which a parking violation notice has been left or attached by a police officer or parking attendant employed by the City may avoid beeing 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 fifteen dollars ($15.00), unless said fee is not paid within ten (10) days after issuance of the parking violation notice, in which event, the fee shall be thirty dollars ($30.00) If the owner fails to respond to a parking violation notice within (30) days, a uniform traffic citation shall be issued to the owner of the vehicle, and the violation shall be treated as a misdemeanor. SECTION 7: Invalidation Clause. If any section, paragraph, clause or provision of this Ordinance is held invalid by any Court of competent jurisdiction, for any reason, such holding shall not affect the validity or enforceability of any of the remaining provisions. SECTION 8: Repeal of Conflicting Ordinances. All prior ordinances and parts thereof, which are in conflict with this Ordinance are hereby repealed, to the extent of such conflict. SECTION 9: Effective Date. The rule requiring an ordinance to be read on three separate days is hereby dispensed with, and this Ordinance shall become effective upon its approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 12th day of June , 1984. I~OR ~ ATTEST: CITY CLERK Ordinance - Page 4 3m CH#4-