HomeMy WebLinkAbout0255 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;
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(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
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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.
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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
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