This code is current through Ordinance 10.52.010 - 10.52.290
passed September 19, 2001.
click here for Full Ordinances 01-17
10.52.010 Prohibited In Certain Areas:
10.52.020 Parking Regulations--Sign Placement:
10.52.030 Unattended Motor Vehicle:
10.52.040 Regulation Of Impounding And Booting Practices:
10.52.050 Reclaiming Impounded Vehicles:
10.52.060 Fee And Expense--Lien:
10.52.070 Notice Of Impounding:
10.52.100 Sale of unclaimed vehicles.
10.52.110 Certificate of sale.
10.52.120 Disposition Of Moneys Received:
10.52.140 Approach To Parking Space:
10.52.150 Parking Not To Obstruct Traffic:
10.52.170 Street Maintenance; Overnight Parking Prohibited:
10.52.180 Parking For Certain Purposes Prohibited:
10.52.190 Parking Prohibited Where:
10.52.210 Parking Time Limited On Certain Streets:
10.52.215 Residential Parking Permit Program:
10.52.250 Placing No-Parking Signs Prohibited:
10.52.260 Public Parking Areas:
10.52.270 Excessive Noise And Pollution:
10.52.280 Handicapped Parking:
10.52.290 Stopping, Standing And Parking--Violation--Penalty:
10.52.010 Prohibited In Certain Areas:
A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:
1. On a sidewalk;
2. In front of a public or private driveway;
3. Within an intersection;
4. Within fifteen feet (15') of a fire hydrant;
5. On a crosswalk;
6. Within twenty feet (20') of a crosswalk at an intersection;
7. Within thirty feet (30') upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway;
8. Between a safety zone and the adjacent curb or within thirty feet (30') of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings;
9. Within fifty feet (50') of the nearest rail of a railroad crossing;
10. Within twenty feet (20') of the driveway entrance to any fire station or within seventy five feet (75') of said entrance when properly signposted;
11. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
12. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
13. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
14. At any place where signs or markings placed by order of the municipal council prohibit stopping;
15. In any parking stall marked for angle parking with the rear wheels of the vehicle adjacent to the curb;
16. In any parking stall marked by painted lines unless the vehicle is entirely within such parking space or painted lines upon the surface of the street or parking area;
17. On that portion of an unlaned roadway which is within fifteen feet (15') from the center of such roadway on a street not having adjacent curbs;
18. Parked in a direction opposite to the direction of traffic flow on a one-way street;
19. In any Logan transit district bus loading zone, which shall include areas:
a. Adjacent to a red painted curb,
b. Between two (2) signs designating the space between them to be a bus loading zone,
c. Within sixty feet (60') of any sign designating the area to be a bus loading zone,
d. City buses engaged in an official function relating to intracity transportation of passengers are exempt from the provisions of this subsection;
20. Along the east side of Third East Street between First and Second North Street.
B. No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful. (Ord. 92-16 §1, 1992: Ord. 91-40 §1, 1991: prior code §42-14-1)
10.52.020 Parking Regulations--Sign Placement:
A. Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be stopped or parked with the right-hand wheels parallel to and within twelve inches (12") of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder so as not to be facing oncoming traffic.
B. On one-way streets vehicles may also park parallel with the curb and with the left-hand wheels adjacent to and within eighteen inches (18") of the left-hand curb.
C. Angle parking is permitted on any street containing painted lines designating parking at an angle to the curb.
D. The chief of police after obtaining the prior approval of the municipal council may place signs prohibiting or restricting the stopping, standing or parking of vehicles on any street or highway where after a public hearing it is determined that such stopping, standing or parking would unduly interfere with the free movement of traffic thereof. Such signs as placed by the chief of police or the state road commission shall be official signs, and no person shall stop, stand or park any vehicle in violation of the restrictions stated on such signs. (Prior code §42-14-2)
10.52.030 Unattended Motor Vehicle:
No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition and removing the key, placing the transmission in park or the gears in low or reverse if the vehicle has a manual shift, or effectively setting the brakes thereon; and when standing upon any perceptible grade, turning the front wheels to the curb or side of the highway. (Prior code §42-14-3)
10.52.040 Regulation Of Impounding And Booting Practices:
A. Authorization To Impound Vehicles: Every police officer of the city is authorized summarily to seize and take possession of every abandoned or illegally parked or operated vehicle, which is declared to be an obstruction to traffic and a nuisance, wherever found, by removing or causing such vehicle to be removed and impounded in any authorized vehicle pound. Every police officer of the city is also further authorized to seize and take possession of any vehicle which is being operated upon the public streets of the city with improper registration, or which the officer has good reason to believe has been stolen, or on which any motor number, manufacturer's number or identification mark has been defaced, altered or obliterated, and to remove or cause such vehicle to be removed and impounded in any authorized vehicle pound. Every police officer so impounding a vehicle shall within twenty four (24) hours make a written report thereof to the chief of police specifying the manufacturer's trade name and model of the impounded vehicle, its license and motor number, if available, the time and place where the vehicle was taken and impounded, and the cause of the impounding.
B. Definition: "Booting" means to place any immobilization device upon a motor vehicle not registered to the person placing the immobilization device for purposes of parking enforcement.
C. Exceptions: This section shall not apply to any parking regulations as established by a college or university pursuant to title 53B, chapter 3, Utah Code Annotated.
D. Booting Of Vehicles: It shall be unlawful for any property owner or designee to boot any motor vehicle that is trespassing or infringing upon the real property rights of that property owner without complying with this section.
1. Private parking lots which contain four (4) or more parking spaces and which use booting of vehicles for parking enforcement shall post a conspicuous sign on the landlord's property. Such sign will provide notice, with reflective background, that unauthorized vehicles will be booted. At a minimum, signage shall:
a. Provide sufficient information to assist vehicle owners in the prompt recovery of any vehicle booted;
b. Be at least twelve inches by eighteen inches (12" x 18") in size.
2. After a boot is placed on any vehicle, the parking enforcement company shall:
a. Provide a notice affixed to the boot or vehicle containing the name and telephone number of the firm that placed the boot on the vehicle, as well as the amount of the fee required to remove the boot;
b. Maintain personnel authorized to remove any boot and release any vehicle to its owner or driver upon the payment of any authorized fee except as provided in subsection D3 of this section;
c. Once payment is made, provide a receipt upon request of individual making payment for removal of the boot.
3. The city of Logan or its designee may leave a boot in place until payment of parking fines issued pursuant to section 10.52.290 of this chapter are satisfied.
a. The city of Logan or its designee may only attach a boot in accordance with this section on public property.
b. Vehicles may only be booted by the city of Logan or its designee following five (5) written citations and a written notice for the violations.
E. License Requirements; Fees: Any parking enforcement company desiring to boot vehicles within Logan City shall:
Obtain a business license in the city of Logan; and register its business name, telephone number, either an address or a PO box number, and fee schedules with Logan City. In the event of a change in business name, telephone number, address or PO box number, or fee schedules, such company shall register such information with the Logan City business license department within ten (10) days.
1. Failure to comply with any provision of this section shall constitute grounds for suspension or revocation of the business license of any company licensed under this section to conduct parking enforcement service in Logan City.
2. A parking enforcement company shall not charge a fee in excess of any fee listed in the fee schedule for booting a vehicle.
3. A parking enforcement company shall not charge any fee related to the booting of a vehicle that is not listed in the fee schedule.
4. The maximum authorized fee for booting a vehicle shall be fifty dollars ($50.00) for up to twenty four (24) hours.
5. Charges for damages to booting equipment shall not be governed by this section and shall not prevent the vehicle's release if scheduled fees are satisfied.
F. Private Parking Enforcement: Landlords who engage a private parking enforcement company to boot illegally parked vehicles on their property shall inform their tenants of the booting practice and make available instructions on how to comply with the law.
1. A parking permit shall be provided to each tenant with instructions as to where that permit should be displayed in the automobile;
2. Tenants shall be provided with a written schedule of fees charged by the parking enforcement company;
3. Tenants shall be provided with instructions regarding visitor parking or will be informed if no visitor parking is available;
4. Tenants shall be provided with a method for replacing a lost permit; landlords/managers may charge a fee for such replacement; the replacement fee must be made known to tenants at the time they receive their parking permits.
G. Violation: Violation of any provision of this section is a class B misdemeanor. (Ord. 2000-75 §1, 2000: prior code §42-14-4)
10.52.050 Reclaiming Impounded Vehicles:
The owner of an impounded vehicle may reclaim and obtain the release thereof upon and only upon full compliance with the following conditions precedent:
A. The owner shall furnish to the chief of police or the chief's authorized representative satisfactory evidence of the owner's identity and his or her ownership of the vehicle.
B. The owner shall pay to the city a pound service fee of ten dollars ($10.00), which fee is levied upon the impounding of every such vehicle. Such sum is determined to be the reasonable cost of impounding a vehicle.
C. The owner shall pay to the city all of its storage costs and expenses incident to storing the vehicle in the authorized vehicle pound and to giving notice of the impounding thereof. In cases where a vehicle has been impounded pursuant to this chapter as originally adopted or as amended, in a vehicle pound maintained and operated by the city, the owner shall pay to the city storage charges at the rate of fifty cents ($0.50) per day or fraction thereof during the first thirty (30) days of storage and at the rate of five dollars ($5.00) per month thereafter which charges are determined to be the reasonable cost of storing and keeping an impounded vehicle by the city.
D. If a criminal charge is made against the owner of such vehicle for the illegal parking thereof or for the operation thereof while the vehicle is improperly registered or without proper license plates, the owner shall sign a written promise to appear at a time certain, as fixed by the chief of police or the chief's representative to answer such charge, or, if required by the chief of police or the chief's representative, shall post bail to secure such appearance before such vehicle is released.
E. The owner shall obtain the written order of the chief of police or the chief's representative directing the release of the vehicle by the poundkeeper and upon receiving the vehicle she or he shall execute a written receipt therefor.
F. In cases where a vehicle has been impounded, as hereinafter provided, by reason of the vehicle having been improperly registered or stolen, or by reason of the obliteration of motor or manufacturer's number or identification marks, such vehicle shall not be released, in any event, until the requirements of Utah Code Annotated 41-1-115 and 41-1-116, 1953, shall have been satisfied.
G. The chief of police after obtaining approval of the municipal council may designate any garage in the city as an authorized vehicle pound. (Prior code §42-14-5)
10.52.060 Fee And Expense--Lien:
The impounding fee levied by this chapter and all storage charges and all costs and expenses incident to the giving of notice of impounding and to the sale of the vehicle as provided in this chapter shall be a lien upon the impounded vehicle, which lien may be summarily foreclosed in the manner hereinafter provided. (Prior code §42-14-6)
10.52.070 Notice Of Impounding:
If the owner of an impounded vehicle fails to appear and reclaim it as herein before provided within five (5) days after it is impounded, the chief of police shall send to the registered owner thereof, and to every owner of legal title thereto or lienholder thereon, as disclosed by the records of the state public safety department, a written notice of the impounding of such vehicle and the cause thereof. The notice shall describe the vehicle and shall state that unless the vehicle is reclaimed within thirty (30) days of the date of giving notice, it will be deemed to be abandoned and will be sold by the chief of police in accordance with the ordinances of the city. The notice shall be sent by United States registered mail, directed to the persons to be notified at their last known addresses as disclosed by the records of the state public safety department as set forth in this section. If the chief of police is unable to ascertain the name or address of any person having an interest in the impounded vehicle, such notice shall, in lieu of mailing by registered mail as aforesaid, be published once in a newspaper published and having general circulation in the city, and copies thereof shall be mailed to such person or persons as the chief of police may have reason to believe have or claim some right, title or interest in the vehicle at their last post office address according to the information, if any, received by the chief of police from sources other than the records of the state Public Safety Department. (Prior code §42-14-7)
A. The notice required by Section 10.52.070 may be substantially in the following form:
| Notice of Impounding and of Intention to Sell Vehicle | ||||
| To _______________, the owner or owners, and all other persons claiming any right, title or interest in the vehicle hereafter described: | ||||
| Take notice that on the ___ day of _______, 19___. the following described vehicle, to-wit: | ||||
| Make and body type: | Year Model: | License Number: | Motor Number: | |
| ________ | _______ | ________ | __________________ | |
| was parked on a public street of Logan City, Utah, in violation of (Specifying the ordinance or statute violated), (or, as the case may be, was found with the motor number defaced), and was on that date impounded by Logan City pursuant to the Logan City Traffic Code. | ||||
| Said vehicle may be reclaimed as provided in said Code upon application at the office of the Logan Police Department, Logan, Utah. If not so reclaimed within thirty (30) days of the mailing (or publication, as the case may be) of this notice, said vehicle will be deemed abandoned, and will be sold at public auction by Logan City. | ||||
| Dated ____________________. | ||||
| LOGAN CITY | ||||
| By ____________________ Chief of Police | ||||
B. If the chief of police has not received within five days of the impounding of such vehicle, information regarding the ownership and claimants of the ownership of such vehicle, the chief of police shall note the fact upon the record of impounding kept by her or him as hereinafter provided, and in such case the notice may be directed generally to "Any person claiming any interest in the following vehicle." (Prior code §42-14-8)
Proof by affidavit of the giving of notice of impounding as hereinbefore provided shall be made in duplicate and preserved with the record of impounding hereinafter provided for. (Prior code §42-14-9)
10.52.100 Sale of unclaimed vehicles.
A. If any vehicle impounded as hereinbefore provided is not claimed within thirty days after the giving of notice as set forth in this chapter, it shall be deemed to have been abandoned by the owner or owners thereof. At the expiration of such period of time, the chief of police shall advertise such vehicle for sale and sell the same at public auction to the highest bidder for cash. Such advertisement shall be by publication of notice of sale at least once, not less than seven nor more than fourteen days prior to the time fixed for the sale in a newspaper published and having a general circulation in the city, and by publicly posting a notice of such sale for not less than seven nor more than fourteen days prior thereto in three public places in the city and on the vehicle. The chief of police, in his or her discretion, may further advertise such sale by further notice to prospective purchasers; provided, that the cost of such additional advertisement shall not exceed five dollars, but such additional notice is not required.
B. The notice of sale shall describe the vehicle by manufacturer's trade name or make, body type, year model, if known, and motor and license numbers, if any, and shall specify the time and place of sale, which shall be within the corporate limits of the city. A copy of the notice of sale shall be mailed to the owner or owners of the vehicle, if known, at their last known address, at least seven days prior to the date of sale.
C. At the time and place fixed for the sale, the chief of police shall offer for sale and sell the vehicle at public auction to the highest bidder for cash.
D. At such sale the city may bid upon and purchase the vehicle. If the city becomes the purchaser at sale, it may credit upon the purchase price the pound service fee, the storage costs and charges incident to the making of such sale. If the vehicle is not sold to another purchaser, as provided in this chapter, the chief of police shall strike off and sell the same to the city for the amount of such service fee, storage costs, charges and expenses. (Prior code §42-14-10)
10.52.110 Certificate of sale.
Upon the consummation of the sale and receipt of the purchase price therefor, the chief of police shall deliver possession of the vehicle to the purchaser and shall also execute and deliver to the purchaser his or her certificate the same manner as the notice of impounding, shall recite the fact of the sale, the price paid and the purchaser's name and address, and shall contain a reference to the pertinent sections of this code which constitute the authority for the sale. A copy of the certificate shall be filed with the city recorder. (Prior code §42-14-11)
10.52.120 Disposition Of Moneys Received:
All monies received by the chief of police upon the sale of such vehicle shall be deposited in the city treasury of the city. At any time within one year from and after such sale, the former owner or owners of the vehicle sold, upon application to the municipal council and upon presentation of satisfactory proof of ownership of the vehicle sold, shall be paid the proceeds of such sale, less the impounding fee, storage charges and expenses of sale hereinbefore provided. If the proceeds of sale are not reclaimed within the period of one year, they shall be credited to the general fund of the city. (Prior code §42-14-12)
The chief of police shall keep a record in duplicate of all vehicles impounded by manufacturer's trade name or make, body type, model and license number, the names of the owners of such vehicles if the same are known and the names and addresses of all persons claiming the same, and such other descriptive matter as may identify such vehicle, the nature and circumstances of the impounding thereof, and the violation, if any, on account of which such vehicles were impounded, the date of such impounding, the name and address of any person to whom any such vehicle is released, a record of all notices given with respect to the impounding and sale of such vehicle and a record of the sale, thereof, if any. Whenever such vehicle has been sold, as provided in this chapter, one of the copies of such record shall be filed with the city recorder with the certificate of sale, and a copy of the affidavit of the giving of notice upon the impounding and sale of such vehicle. (Prior code §42-14-13)
10.52.140 Approach To Parking Space:
A. Every driver about to enter a parking space being vacated shall stop his or her vehicle and wait to the rear of the vehicle in the actual process of vacating the parking space over all other drivers.
B. No driver shall stop her or his vehicle ahead of a parking space being vacated and attempt to interfere with a driver who has waited properly in the rear of a parking space being vacated.
C. No driver shall stop and wait for a parking space unless the vehicle vacating the space is actually in motion in the process of vacating. (Prior code §42-14-14)
10.52.150 Parking Not To Obstruct Traffic:
No person shall stop or park any vehicle upon a street in such a manner or under such conditions as to leave available less than twenty feet (20') of width of the roadway for free movement of vehicular traffic nor upon any laned roadway within the lanes designated for moving traffic. (Prior code §42-14-15)
No person shall park a vehicle within an alley except during the necessary and expeditious loading and unloading of merchandise, and no person shall stop, stand or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property or interfere with the free movement of traffic through the alley. (Prior code §42-14-16)
10.52.170 Street Maintenance; Overnight Parking Prohibited:
A. No person shall park a vehicle on any street or city-owned parking lot without it being attended by someone able to immediately remove the same between the hours of one o'clock (1:00) A.M. and five o'clock (5:00) A.M. of any day, beginning November 15 and ending the last day of February of each year, except health care professionals and/or emergency support personnel during emergency calls.
B. No person shall leave any vehicle parked as to be an obstruction to a public works project or which would be hazardous to other traffic at any time, day or night.
C. Residents or persons visiting when required by emergency or other unusual circumstances may apply to the city for a period for all-night parking on the street if off-street parking is not available. The city for good cause shown may authorize a vehicle or vehicles to remain parked on the street for a specified period of time provided a permit is issued and properly displayed.
D. No person who owns or has possession, custody, or control of any vehicle shall park such vehicle upon any street or alley or city-owned parking lot for more than a consecutive period of twenty one (21) hours, unless authorized by the mayor or a designee and a permit showing such authorization is visibly displayed as designated on the permit.
E. The mayor, or a designee may, when conditions justify such action, declare an emergency and designate specific streets as emergency routes. Such designation shall, unless otherwise specified, prohibit parking on those streets, day or night, until the emergency designation is removed. Notification shall be by newspaper and/or radio, television, cable or e-mail. (Ord. 2000-97 §1, 2000: prior code §42-14-17)
10.52.180 Parking For Certain Purposes Prohibited:
No person shall park or operate a vehicle upon any roadway for the principal purpose of:
A. Displaying such vehicle for sale;
B. Greasing or repairing such vehicle except repairs necessitated by an emergency;
C. Displaying advertising; or
D. The sale of foodstuffs or other merchandise in any business district. (Prior code §42-14-18)
10.52.190 Parking Prohibited Where:
No person shall park a vehicle:
A. On any public street or alley where the width of the roadway is less than twenty feet (20');
B. On the south or east side of any public street or alley where the width of the roadway is over twenty feet (20'), but less than thirty feet (30'), unless otherwise directed by traffic-control devices. (Prior code §42-14-19)
A. The city traffic engineer, subject to prior approval of the mayor, is authorized subject to provisions and limitations of this code and after an adequate study, to place, and when required in this chapter, shall place and maintain appropriate signs or traffic markings to indicate standing or parking regulations. Traffic markings designating zones shall have the meanings set forth in this subsection:
1. "Red" shall mean no stopping at any time.
2. "Yellow" shall be a twenty (20) minute loading zone.
3. "Blue" shall mean handicapped parking only.
B. When appropriate signs or traffic curb markings have been erected or placed according to this Section, no person shall stop, stand or park a vehicle in any zone in violation of any of the provisions of this Section. (1989 Code: prior code §42-14-20)
10.52.210 Parking Time Limited On Certain Streets:
When proper signs or traffic markings are erected or in place by authorization of the Municipal Council or other responsible City agency in each block giving notice thereof, no person shall park a vehicle or permit such vehicle to remain parked for longer than the time specified between the hours shown and within the district or upon any of the streets or parts of streets so designated.
A. No person shall park a vehicle in a parking stall along Main Street between 4th North and 2nd South and along 1st North and Center Street between 1st West Street and 1st East Street, and also along Church Street and Federal Avenue for more than two (2) consecutive hours.
B. The above parking restrictions shall apply between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M. of every day of the week except Sundays. (Ord. 90-50 §2, 1990: prior code §42-14-21)
10.52.215 Residential Parking Permit Program:
A. Purpose:
1. There exist certain entities within the City, such as university complexes and other large buildings, which attract commuters seeking parking in nearby areas which are predominantly residential and business in nature. The increased demand often exacerbates the severe shortage of on-street parking for residents and businesses in such areas.
2. This Section authorizes a program and implementing procedural system by which residents and businesses within qualifying areas may receive preferential treatment when competing with commuter vehicles for available on-street parking in predominantly residential neighborhoods of the City.
B. Definitions: As used in this Section:
"Address" means the street number and applicable apartment/condominium number for each dwelling unit, business, or other use. Each apartment or commercial unit is regarded as a unique address.
"Area" refers, irrespective of zoning, to a geographical region, not necessarily contiguous, where residents dwell and businesses may operate.
"Area business" means business property located within a City residential parking permit area.
"Area permittee" means an area resident or an area business which has received an authorized resident vehicle parking permit.
"Area resident" means any person who dwells or resides within a parking permit area.
"Area vehicle" means a vehicle that originates from inside a permit area and is under the control of area residents or area business owners and includes automobiles, trucks, motorcycles, or other motor-driven forms of transportation. It does not include boats and trailers.
"City residential parking permit area" means any officially designated permit parking area within the corporate limits of Logan wherein motor vehicles displaying a valid permit as described herein shall be exempt from parking regulations or restrictions solely applicable to commuter vehicles.
"City residential parking permit program" means Logan's permit parking program, as a whole, pursuant to the provisions and regulations of this Section.
"Commuter vehicle" means a motor vehicle parked in a City permit parking area that: 1) is not under the control of an area resident, business owner, or property owner, and 2) does not bear a permit for the designated area.
"Dwelling" means a building, or portion thereof, which is designated for residential purposes. Such dwelling must bear an address assigned by the City Engineer. The number of independent dwelling units recognized therein shall not exceed the number authorized under permit for zoning.
"Guest vehicle parking permit" means the portable cardstock placard issued to area residents and area businesses for use on vehicles under the legal control of guests, customers, and/or clients during periods when persons operating said vehicles are actually visiting or engaged in business at the permittee's address.
"Lease" means that a person pays rent or other remuneration for use of a parcel of real property as such person's residence or place of business.
"Owns" means that a person has at least one-quarter (1/4) of the fee or equitable interest in a parcel of real property within a City permit parking area.
"Permit parking coordinator" refers to the person or entity designated by the Logan City Chief of Police to distribute parking permits for the residential parking area.
"Permit vehicle" refers to any vehicle properly displaying a resident or guest parking permit issued by the parking permit coordinator for authorized use on such vehicles.
"Permit year" refers to the twelve (12) month period set for the administration of a City permit area, including the expiration and renewal of resident and guest permits.
"Program" means and shall refer to the process of designation, administration, and enforcement of all City parking permit areas and regulations established by the Logan City Chief of Police pursuant to the provisions of this Section.
"Resident vehicle parking permit" means the permit issued by the parking permit coordinator for use in vehicles under the legal control of area residents and businesses.
C. Area Designation, Change, Or Removal Authority: The Chief of Police may, upon approval by the Municipal Council, designate as a City permit parking area any area which is determined to be adversely affected by commuter vehicles for any extended period(s) during the day or night, on weekends, or holidays.
The Chief of Police may, upon approval of the Municipal Council, make recommended changes to the permit parking area.
D. Signs And Markings In Designated Areas: Upon approval by the Municipal Council designating a City permit parking area, the City Engineer shall cause appropriate signs to be erected in the area, indicating prominently thereon the parking regulations and conditions under which permit parking shall be administered.
E. Parking Permit Application Term: Each parking permit issued by the parking permit coordinator's office shall be valid for one year or portion thereof to be determined by the parking permit coordinator excluding guest permits. Permits shall not be transferable, but may be renewed annually upon reapplication in the manner required by the parking permit coordinator. Each application or reapplication for a parking permit shall contain information sufficient to identify the applicant's identity, claim for permit eligibility, authorized residence or business within the City permit parking area, the license number of the motor vehicle for which application is made, and such other information that may be deemed relevant by the parking permit coordinator.
F. Parking Permit Issuance Conditions:
1. Parking permits shall be issued by the parking permit coordinator's office. Each such permit shall be designed to state or reflect thereon the particular City permit parking area. No more than one parking permit shall be issued for each motor vehicle included on the application.
2. The following classifications of persons or entities may be issued parking permits for motor vehicles under their control upon request pursuant to requirements of this Section:
a. Area residents of the City permit parking area for motor vehicles owned or controlled and regularly parked in the area by household members.
b. Area business owners who own or lease property (and their full-time or part-time employees) within a City permit parking area for motor vehicles associated with the business use regularly parked in the area. However, no more than one parking permit may be issued for each such motor vehicle.
c. Guests, customers, and/or clients of City permit area residents or area businesses who may be provided guest permits by such area permittees for use on vehicles under the legal control of guests, customers, and/or clients during periods when persons operating such vehicles are actually visiting or engaged in business at the area permittee's address.
d. Issuance of a permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated permit parking area.
G. Parking Permit Display Required: Permits must be placed in the vehicle according to the instructions provided with the permit.
1. Resident vehicle parking permits must hang from the rear-view mirror to be valid.
2. Guest vehicle parking permits must be placed on the driver's side dashboard with the front facing outward. It is the responsibility of the vehicle operator to ensure that the permit is clearly visible, readable, and displayed properly.
H. Parking Permit Activities Permitted: A motor vehicle bearing a valid parking permit displayed as provided for herein, shall be permitted to stand or be parked in the permit area for which the permit has been issued. The permit does not exempt drivers or owners from complying with general parking regulations and penalties imposed by the traffic code set out in this Title, or ordinances. All other motor vehicles not displaying permits with the exception of emergency vehicles and vehicles providing services to the area that are parked within a City permit parking area shall be subject to the penalties in accordance with Section 10.52.290 of this Chapter.
I. Unlawful Activities Penalty:
1. It is unlawful and a violation of this Section for a person to falsely represent himself or herself as eligible for a parking permit or to furnish false information in an application therefor to the parking permit coordinator's office. Such violation shall constitute a Class B misdemeanor.
2. It is unlawful and a violation of this Section for a person to copy, produce, or otherwise bring into existence a facsimile or counterfeit parking permit in order to evade parking regulations applicable in a City permit parking area. Such violation shall constitute a Class B misdemeanor.
3. It is a violation of this Section for any resident or business to receive any financial consideration for the use or transfer of a permit issued by the parking permit coordinator for use in the designated parking permit area. Such violation shall constitute grounds for parking permit revocation as outlined in subsection J of this Section.
J. Parking Permit Revocation Conditions: Faithful compliance with the terms of the City parking permit program is a condition subsequent to the privilege of obtaining a permit. Violation of the terms of the City parking permit area shall be deemed a forfeiture of those privileges.
1. Any permit holder convicted for violation of this Section may be required to surrender such permit.
2. The parking permit coordinator is authorized to revoke the City parking permit of any person found to be in violation of this Section, and upon written notification thereof, the person shall surrender such permit to the parking permit coordinator. Failure, when so requested, to surrender a City parking permit so revoked shall constitute an infraction.
3. In the event the parking permit coordinator has good cause to believe that any person or entity is abusing the guest permit system described above, he/she shall so notify the permit holder in writing. Further abuse may result in the revocation of guest permits.
4. Any person aggrieved by such a determination made by the parking permit coordinator under subsection J1, J2, or J3 of this Section shall have the right to appeal to the Chief of Police within seven (7) days of such determination.
K. Lost Or Stolen Permits: Lost or stolen permits shall be reported to the parking permit coordinator. The parking permit coordinator shall notify parking enforcement agency of any lost or stolen permits and issue new permits to eligible residents or businesses. (Ord. 00-34 §1, 7-5-2000)
It is unlawful for any person to park a vehicle in any ditch or gutter in such a manner as to hinder the free flow of the full stream of water through such ditch or gutter. (Prior code §42-14-28)
10.52.250 Placing No-Parking Signs Prohibited:
No person shall without the permission of the Chief of Police place or cause to be placed on any street or sidewalk or on any building any sign preventing or forbidding the parking of vehicles in the street in front of any building or place of business. (Prior code §42-14-29)
10.52.260 Public Parking Areas:
A. Definition: "Public parking area" means any land within the corporate limits of the City other than public streets owned by or under the supervision and control of the City, County or any instrumentality of the State or Federal government which has been specifically designated or made available for off-street parking purposes for the public at large or for a particularly limited or specified purpose.
B. Signs Regulating Parking: The Chief of Police of the City, after approval by the Municipal Council, is authorized to cause to be placed upon any public parking area within the City appropriate signs regulating parking thereon, including regulations pertaining to the maximum duration during which parking is allowed, periods of time when parking may be prohibited, specified uses for particular parking facilities, the designation of certain parking spaces for Municipal, County, State or Federal employees and other matters pertaining to the efficient regulation and control of public parking areas.
C. Unlawful: When signs are in place in public parking areas controlling or regulating parking thereon and have been so placed in conformity with the provisions of this Chapter, it is unlawful to park any vehicle in a public parking area within the City in violation of the direction given by such signs. (Prior code §42-14-31)
10.52.270 Excessive Noise And Pollution:
A. Every person operating or having control of a motor vehicle that is stopped, standing or parked within the City shall control the noise of the motor and muffler thereof so that at all times the noise level of such motor and muffler is less than eighty five (85) decibels measured as a distance of fifty feet (50') from such vehicle.
B. No person operating or having control of a vehicle shall permit the engine of such vehicle to operate for more than three (3) minutes while such vehicle is stationary except when the local temperature as reported by the United States Weather Bureau is below thirty five degrees Fahrenheit (35oF). (Prior code §42-14-33)
10.52.280 Handicapped Parking:
Only those vehicles carrying a distinctive (logo) handicapped license plate or transferable identification card may park in a parking space which is clearly identified as reserved for use by the handicapped. This Section applies to and may be enforced on public property and on private property which is used or intended for use by the public. (Ord. 90-50 §3, 1990: prior code §42-14-32)
10.52.290 Stopping, Standing And Parking--Violation--Penalty:
A. Any person engaged in the unauthorized stopping, standing or parking of a vehicle within the City shall be liable for a civil penalty. Any penalty assessed herein may be in addition to such other penalties as may be provided in this Title. The penalty provisions of Section 10.64.010 of this Title shall not be applicable to this Chapter.
B. 1. Civil penalties shall be imposed as follows:
| Section | Penalty |
10.52.010(1) $30.00
10.52.010(2) 35.00
10.52.010(3) 35.00
10.52.010(4) 35.00
10.52.010(5) 35.00
10.52.010(6) 35.00
10.52.010(7) 35.00
10.52.010(8) 35.00
10.52.010(9) 35.00
10.52.010(10) 35.00
10.52.010(11) 35.00
10.52.010(12) 35.00
10.52.010(13) 30.00
10.52.010(14) 30.00
10.52.010(15) 30.00
10.52.010(16) 30.00
10.52.010(17) 35.00
10.52.010(18) 35.00
10.52.010(19) 35.00
10.52.010(20) 30.00
10.52.020 30.00
10.52.030 35.00
10.52.150 35.00
10.52.160 35.00
10.52.170 30.00
10.52.180 30.00
10.52.190 35.00
10.52.210 30.00
10.52.240 30.00
10.52.260 30.00
10.52.270 30.00
10.52.280 75.00
2. Any penalties that are paid within ten (10) normal working days from the date of receipt of notice shall be reduced by the sum of fifteen dollars ($15.00).
3. As used in this Section, "receipt of notice" means the affixing of a notice to the vehicle alleged to have been employed in such unauthorized stopping, standing or parking or by delivery of such notice to the owner or driver thereof.
C. Whenever vehicle shall have been employed in the unauthorized stopping, standing or parking on the streets within the City, the person or persons in whose name such vehicle is registered shall be strictly liable for such unauthorized stopping, standing or parking and the penalty therefor. Except that the person or persons in whose name such vehicle is registered shall not be liable for a civil penalty for violations of subsection 10.52.010B, or Sections 10.52.140, 10.52.220, 10.52.230, 10.52.250, and 10.52.270 of this Chapter. Penalties for violations of subsection 10.52.010B, or Sections 10.52.140, 10.52.220, 10.52.230, and 10.52.250 of this Chapter shall be imposed as provided in the following subsection D of this Section.
D. Any person who violates any of the provisions of subsection 10.52.010B, or Sections 10.52.140, 10.52.220, 10.52.230, 10.52.250, and 10.52.270 of this Chapter shall for each and every violation and compliance, be guilty of an infraction, and upon conviction thereof shall be fined a sum not to exceed fifty dollars ($50.00) for each offense or violation. (Ord. 99-32 §1, 1999: Ord. 92-23 §1, 1992: Ord. 92-16 §2, 1992: Ord. 90-50 §4, 1990)