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0297 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 Ordinance - Page 1 jm 15N-15 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 Ordinance - Page 2 jm 15N-15 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 Ordinance - Page 3 jm 15N-15 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 Ordinance - Page 4 jm 15N-15 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. Ordinance - Page 5 jm 15N-15 (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 Ordinance - Page 6 jm 15N-15 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, Ordinance - Page 7 jm 15N-15 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 Ordinance - Page 8 jm 15N-15 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 Ordinance - Page 9 jm 15N-15