Ordinance # 142

AN ORDINANCE OF THE CITY OF RIGGINS, IDAHO COUNTY, IDAHO, ESTABLISHING PARKING REGULATIONS; DEFINING METHODS OF PARKING ON ROADWAY; PROVIDING LIGHTS ON PARKED VEHICLES, AND SETTING SPECIFIC VISIBILITY DISTANCES FOR LIGHTED VEHICLES; PROVIDING PARKING RESTRICTIONS IN DESIGNATED AREAS, PROVIDING PROHIBITED PARKING IN CERTAIN PLACES, INCLUDING SIDEWALKS, PUBLIC DRIVES, INTERSECTIONS, NEAR FIRE HYDRANTS, CROSSWALKS, IN DESIGNATED HANDICAP ZONES; PROVIDING THAT NO ONE CAN OBSTRUCT TRAFFIC, REGULATING PARKING IN ALLEYS; PROHIBITING THE USE OF PUBLIC STREETS FOR VEHICLE SALES AND REPAIR OF VEHICLES; REGULATING PARKING ADJACENT TO SCHOOLS, AUTHORIZING THE CREATION OF ONE WAY STREETS, AND PARKING THEREON, ALLOWING THE CITY COUNCIL TO ERECT EMERGENCY SIGNS WHEN NECESSARY FOR THE SAFETY OF THE PUBLIC AND CREATING HAZARD AREAS WITH APPROPRIATE LIGHTING; PROVIDING SPECIFIC REGULATIONS FOR EMERGENCY PARKING REGULATIONS; PROVIDING CURB LOADING ZONES; PROVIDING FOR THE REMOVAL OF IMPROPERLY PARKED VEHICLES; PROVIDING FOR REMOVAL OF UNIDENTIFIED, ABANDONED, STOLEN OR WRECKED VEHICLES, DEFINING SUCH, AND DESCRIBING METHOD OF REMOVAL; PROVIDING THE REMOVAL OF VEHICLES FROM PRIVATE PROPERTY AND DESCRIBING THE IMPOSITION OF COSTS; PROVIDING HANDICAP PARKING ZONES AND DEFINING THE SAME; PROVIDING FOR PROOF OF OWNERSHIP AND FOR THE CLAIMING OF THE LIEN IF CHARGES ARE INCURRED FOR ANY TOWED AND STORED VEHICLE; PROVIDING FOR CLARIFICATION OF THE USE OF CURBED CITY STREETS AND PUBLIC PARKING AREAS FOR TRAILER AND SEMI-TRUCK AND TRAILER PARKING; PROVIDING FOR WARNINGS AND CREATING PENALTIES; PROVIDING A DEFINITION FOR LEGALLY PARKED VEHICLES, SETTING REGULATIONS THEREFORE; DECLARING THAT ANY VIOLATION OF THE ORDINANCE TO BE AN INFRACTION PUNISHABLE IN ACCORDANCE WITH IDAHO CODE S18-113(A); PROVIDING FOR THE REPEAL OF ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE ORDINANCE BECOMING EFFECTIVE UPON ITS PASSAGE, APPROVAL, AND PUBLICATION.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF RIGGINS, IDAHO COUNTY, IDAHO, AS FOLLOWS, TO WIT:

Section 1    Parking within the limits of the City of Riggins shall be regulated as herein set forth.

    (A)    METHOD OF PARKING

            (1)    Standing or Parking in Roadway:    It shall be unlawful for any person to stand or park a vehicle in a roadway other than parallel with the edge of the roadway or curb headed in the direction of lawful traffic movement and with the curbside wheels of the vehicle within eighteen inches (18") of the curb or edge of the roadway.

            (2)    Lights on Parked Vehicles:    Whenever a vehicle is parked on any street or roadway in any other manner than sub-section (1) of this section, during the hours between one-half hour after sunset and one-half hour before sunrise, such vehicle shall be equipped with one or more lamps located on the roadway side of said vehicle which shall exhibit a white light to the front of the vehicle visible from a distance of five hundred feet (500') and red light visible from a distance of five hundred feet (500') to the rear.

    (B)    PARKING RESTRICTED

            (1)    The City Council is hereby authorized to erect signs, to paint curbs, or use other traffic control devises, limit , or prohibit parking in certain designated locations when such restrictions are deemed necessary for maintaining traffic safety, fire protection, and commercial business access.

            (2)    It shall be unlawful for any person to park any vehicle in any such designated area, except in compliance with the direction of the sign, curb paint or other traffic control device.

    (C)    PARKING PROHIBITED IN SPECIFIED PLACES:

            (1)    Parking, Standing or Stopping Prohibited:  No Signs Required:

                (a)    It shall be unlawful for any person to park, stand, or stop a vehicle, except in compliance with directions from a Police Officer or traffic control device or to avoid conflict with other traffic in any of the following places or under certain conditions hereinafter defined:

                    1.    On a sidewalk

                    2.    In front of a public or private driveway

                    3.    Within an Intersection

                    4.    In a traffic lane except temporarily to avoid conflict with other traffic or let someone out of the vehicle.

                    5.    Within fifteen feet (15') of a fire hydrant.

                    6.    On a crosswalk or within twenty feet (20') of a crosswalk.

                    7.    On the roadway side of any vehicle stopped or parked at the edge or curb of any street (double parking)

                    8.    In designated handicapped parking zone.

                (b)    It shall be unlawful for any person to move a vehicle not lawfully under his/her control into any such prohibited area or away from a curb such distance as is unlawful.

            (2)    Parking Not to Obstruct Traffic:    It shall be unlawful for any person to park any vehicle upon a street in such a manner or under conditions that would prohibit the free movement of other vehicular traffic in said vehicle's respective traffic lane.

            (3)    Parking in Alleys:    It shall be unlawful for any person to park a vehicle within an alley in such a manner or under conditions that would:

                (a)    Prohibit free movement of traffic

                (b)    Block entrance to any business

                (c)    Block a driveway entrance to any abutting property

            (4)    Parking for Certain Purposes Prohibited:    It shall be unlawful for any person to park a vehicle upon any curbed street, or public parking area for the principal purpose of:

                (a)    Displaying such vehicle for sale

                (b)    Changing oil, greasing or repairing such vehicle except for repairs necessitated by any emergency

            (5)    Parking Adjacent to Schools:    The City Council is hereby authorized to erect signs adjacent to any school prohibiting parking in certain locations when such parking would create a hazardous situation, and it shall  be unlawful for any person to park a vehicle in any such designated area.

            (6)    Parking or Standing on One Way Streets:    The City council is hereby authorized to erect signs upon the left hand side of any one way street to prohibit the parking or standing of any vehicle upon the left side and it shall be unlawful for any person to park any vehicle in such designated areas.

            (7)    Temporary/Emergency Prohibited Parking, Signs Required:

                (a)    The city Council is hereby authorized to erect signs/barriers prohibiting parking on any street or alley on a temporary or emergency basis to facilitate street repairs, utility installations or any other required reason.

                (b)    When such temporary or emergency signs or barriers are in place during the night time or any hazardous condition exists there shall also be in place amber lights visible for three hundred feet (300') warning of such hazard.

            (8)    Emergency Prohibited Parking:  No Signs Required:

                (a)    The city Council is hereby authorized, in conjunction with the Public Works Director, or his designated assistant, to temporarily prohibit persons from parking any vehicle on any roadway to facilitate snow removal or street sweeping.

                (b)    When conditions exist to enact this section it shall be unlawful for any person to violate the provisions of said section.

                    1.    The Public Works Director, or his designated assistant, will determine when this section is to be enforced.  At that time any person having a vehicle parked on the street will be contacted to remove such vehicle temporarily until said condition has been corrected.

                    2.    If any person refuses to remove said vehicle, the City Council, or any assistant designated by them, may have the vehicle towed or moved at the owner's expense and after notice such person shall be guilty of an infraction in accordance with Idaho Code S18-113(A).

                    3.    If the owner of any vehicle cannot be located the City Council or designated assistant, may have the vehicle towed or moved at the owner's expense

    (D)    STOPPING-PARKING FOR LOADING/UNLOADING ONLY:

            Curb Loading Zones:    The City Council is hereby authorized to erect signs indicating a loading zone.  It shall be unlawful for any person to stand or park any vehicle in such loading zone, except to deliver or pick up materials in an expeditious manner.

    (E)    REMOVAL OF IMPROPERLY PARKED VEHICLES:

            Any vehicle in violation of traffic regulations and parked so as to obstruct free movement of traffic or deemed a traffic hazard may be removed at the direction of the City Council or Police Department.  Any vehicle moved, removed, or impounded under this section shall be done at the owner's expense.

    (F)    REMOVAL OF UNIDENTIFIED, ABANDONED, STOLEN, OR WRECKED MOTOR VEHICLES:

            The City Council is hereby authorized, in addition to any penalty that may be provided therefore, to have removed or towed an unidentified, abandoned, stolen, or wrecked motor vehicle as herein defined from any public street, alley or other municipal property.  The actual cost of removal, tow-in, and any related storage expenses shall be the responsibility of the owner of such vehicles:

        (1)    Unidentified Motor Vehicles:    as used herein is hereby defined to be any motor vehicle whose ownership thereof cannot be ascertained.

        (2)    Abandoned Motor Vehicles:    as used herein is hereby defined to be any motor vehicle which is left upon any public street, alley, or other municipal property, the owner of which cannot be ascertained or located or in such condition or for such time that it could be considered abandoned in the common sense of the word.

    (G)    REMOVAL OF VEHICLE FROM PRIVATE PROPERTY

            Any vehicle left or parked upon private property without the consent of the owner of said property may be removed, or towed in for storage at the direction of the City Council or Police Department, provided the owner of said property has signed a Private Property Parking Complaint/Impound Notice against the owner or operator of said vehicle.  Actual costs of removal, towing, and any subsequent storage costs shall be the responsibility of the owner/operator of such vehicle.

    (H)    HANDICAPPED PARKING ZONES:

            It shall be unlawful for any unauthorized person to park any vehicle in a handicapped parking zone. Only vehicles displaying state issued handicapped license or permit shall be allowed to park in such handicapped zones.

        (1)    Handicapped parking zones shall be marked in accordance with State law with appropriate signs, painting, and/or handicap symbols.

    (I)    PROOF OF OWNERSHIP-ENFORCEMENT OF LIEN:

            Any vehicle towing, removal and subsequent storage charges shall be the responsibility of the owner of such vehicle. Thereafter, any lien against such charges shall be the responsibility of the company, business, or individual who removed, towed, and stored said vehicle and to also ascertain ownership of said vehicle.  All such liens shall be in accordance with State law and no responsibility shall be held by the Police Department, City Council, or municipality.

    (J)    ON-STREET PARKING OF TRAILERS AND TRUCKS:

            (1)    No person shall stop, stand or park a non-motorized towed trailer, whether is be mobile home, camp trailer, storage trailer, utility trailer, or similar trailer on the curbed city streets or public parking areas for more than twenty four (24) hours at any one location.

            (2)    Any person parking or so locating any such trailer on a continuous basis for longer than twenty four (24) hours shall be entitled to one warning about such parking from the City Council or Police Department.  If after an additional twenty four (24) hours, such trailer has not been moved, then the person parking such trailer that has received such previous warning shall be guilty of an infraction and punished in accordance with Idaho Code S18-113 (A).

            (3)    On-Street parking of semi-trucks, semi-truck trailers or logging trucks and/or trailer on any curbed city street or public parking area for any longer than twenty four (24) hours at any one time is prohibited and shall be an infraction.

    (K)    LEGALLY PARKED VEHICLES:

            In addition to all other provisions of this section, any vehicle parked upon any public street, alley or other public or municipal property must:

            (1)    Have a current and valid registration with license plates attached.

            (2)    Have a current liability insurance policy in force.

            (3)    Be in a mechanically operable condition.

    (L)    ENFORCEMENT:

            Any person in violation of any provisions of this ordinance shall be guilty of an infraction and punished in accordance with Idaho Code S18-113(A).

Section 2.    All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 3.    This ordinance shall be effective upon its passage, approval, and publication in the Idaho County Free Press.

PASSED AND APPROVED BY THE MAYOR AND CITY COUNCIL on this 14th day February, 2000.