Chapter 10.12
SNOW EMERGENCY PARKINGlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=44012
10.12.010: SHORT TITLE AND PURPOSE:
10.12.020: DEFINITIONS:
10.12.030: PARKING ON STREETS:
10.12.040: STALLED VEHICLE ON STREET:
10.12.050: DECLARATIONS OF THE MAYOR:
10.12.060: TERMINATION OF PARKING PROHIBITION BY THE MAYOR:
10.12.070: PROVISIONS TEMPORARILY EFFECTIVE TO TAKE PRECEDENCE:
10.12.080: REMOVAL, IMPOUNDING, AND RETURN OF VEHICLES:
10.12.090: CITATION ON VEHICLE PARKED OR LEFT IN VIOLATION OF CHAPTER:
10.12.100: FAILURE TO COMPLY WITH PARKING VIOLATION NOTICE:
10.12.110: EVIDENCE WITH RESPECT TO VEHICLES PARKED OR LEFT IN VIOLATION OF CHAPTER:
10.12.120: SNOW REMOVAL POLICY/PROCEDURES:

10.12.010: SHORT TITLE AND PURPOSE:linklink


This chapter shall be known and may be cited as the SNOW EMERGENCY ORDINANCE OF THE CITY OF CHUBBUCK, and the purpose of this chapter 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. (Ord. 297 § 1, 1988)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=44012#s1263438
10.12.020: DEFINITIONS:linklink

The following definitions shall apply in the interpretation and enforcement of this chapter:

MAYOR: The Mayor of the City of Chubbuck, and in his absence, his duly designated and acting representative.

ROADWAY: That portion of a street or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.

SNOW TIRES: 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.

STREET OR HIGHWAY: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

STREETS: All hard surface streets within the City.

TIRE CHAINS: Any metal chains or cables mounted on drive wheel tires of motor vehicles which cross the tread of each such tire laterally in at least three (3) different places. (Ord. 297 § 1, 1988)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=44012#s1263439
10.12.030: PARKING ON STREETS:linklink


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 as necessary by declaring it in a manner prescribed by this chapter. The prohibition shall remain in effect until terminated by announcement of the Mayor in accordance with this chapter, 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 of this section, 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 six inches (6") 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 seven o'clock (7:00) A.M. until seven o'clock (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. (Ord. 770, 2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=44012#s1263440
10.12.040: STALLED VEHICLE ON STREET:linklink

Whenever a vehicle becomes stalled for any reason, whether or not in violation of this chapter, 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 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. (Ord. 297 § 1, 1988)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=44012#s1263441
10.12.050: DECLARATIONS OF THE MAYOR:linklink


A. The Mayor shall cause each declaration made by him pursuant to this chapter 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. (Ord. 297 § 1, 1988)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=44012#s1263442
10.12.060: TERMINATION OF PARKING PROHIBITION BY THE MAYOR:linklink

Whenever the Mayor shall find that some or all of the conditions which give rise to a parking prohibition in effect pursuant to this chapter no longer exist, he may declare the prohibition terminated, in whole or in part, in a manner prescribed by this chapter effective immediately upon announcement. (Ord. 297 § 1, 1988)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=44012#s1263443
10.12.070: PROVISIONS TEMPORARILY EFFECTIVE TO TAKE PRECEDENCE:linklink

Any provision of this chapter 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. (Ord. 297 § 1, 1988)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=44012#s1263444
10.12.080: REMOVAL, IMPOUNDING, AND RETURN OF VEHICLES:linklink


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 chapter.

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 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 section 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. (Ord. 297 § 1, 1988)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=44012#s1263445
10.12.090: CITATION ON VEHICLE PARKED OR LEFT IN VIOLATION OF CHAPTER:linklink

Whenever any motor vehicle without a driver is found parked or left in violation of any provision of this chapter, and is not removed and impounded as provided for in this chapter, 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. (Ord. 297 § 1, 1988)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=44012#s1263446
10.12.100: FAILURE TO COMPLY WITH PARKING VIOLATION NOTICE:linklink

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 violation, a fee of five dollars ($5.00), unless said fee is not paid within ten (10) days after the issuance of the parking violation notice, in which event the fee shall be fifteen dollars ($15.00). If the owner fails to respond to a parking violation within thirty (30) 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. (Ord. 297 § 1, 1988)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=44012#s1263447
10.12.110: EVIDENCE WITH RESPECT TO VEHICLES PARKED OR LEFT IN VIOLATION OF CHAPTER:linklink

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 chapter, proof that the particular vehicle described in the complaint was parked or left in violation of a provision of this chapter, 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 the defendant was the person who parked or left the vehicle in violation of this chapter. (Ord. 297 § 1, 1988)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=44012#s1263448
10.12.120: SNOW REMOVAL POLICY/PROCEDURES:linklink

Snow removal operations shall be completed in accordance with the City of Chubbuck Snow and Ice Control Policies and Procedures Manual as adopted from time to time by resolution of the Chubbuck City Council. (Ord. 770, 2017)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=44012#s1263449