Title 10
Chapters:
10.04 General Provisions
10.08 Traffic-Control Devices
10.12 Traffic Rules
10.16 Parking
10.20 Motorcycles, Bicycles, Roller Skates, Coaster Sleds and Toy
Vehicles
10.24 Weight Limits
10.30 Portable storage
Sections:
10.04.010 Definitions.
10.04.020 Obedience to traffic
directions--Required.
10.04.030 Police department--Powers and duties.
10.04.040 Enforcement authority.
10.04.050 Temporary regulations.
10.04.010 Definitions.
For the purpose of this title the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
“Authorized emergency vehicles” means vehicles of the police
department, vehicles of the Commonwealth Attorney’s office when on official
business, and ambulances on an authorized emergency run.
“Boulevard” means any legally designated street at which cross
traffic is required to stop before entering or crossing such boulevard.
“Business district” means any portion of any street between two
consecutive intersections in which fifty (50) percent or more of the frontage
on either side of the street is used for business purposes.
“Crosswalk” means that portion of the roadway included within the
extension of the sidewalk across any intersection, and such other portions of
the roadway between two intersections, as may be legally designated as crossing
places and marked by stanchions, paint lines, or otherwise.
“Curb” means the boundary of that portion of the street used for
vehicles whether marked by curbstones or not.
“Intersection” means that part of the public way embraced within
the extensions of the street lines of two or more streets which join at an
angle whether or not one such street crosses the other.
“Official traffic-control devices” means all signs, signals,
warnings, directions, markings, and devices placed or erected or maintained by
authority of the city council.
“One-way street” means a street on which vehicles are permitted
to move in one direction only.
“Operator” means every person who is in actual physical control
of the guidance, starting, and stopping of a vehicle.
“Park” means, when applied to vehicles, to leave a vehicle
standing, whether occupied or not, for a period of time longer than is
necessary to receive or discharge passengers or property.
“Pedestrian” means any person afoot.
“
“Police department” means the police department or other persons
or agency authorized to perform the duties of Section 10.04.030 or any other
acts necessary to implement and enforce this title.
“Public way” means the entire width between property lines of
every way, dedicated passway, or street set aside for public travel, except
bridle paths and foot paths.
“Reverse turn” means to turn a vehicle on any street in such a
manner as to proceed in the opposite direction.
“Right-of-way” means the privilege of the immediate and
preferential use of the street.
“Roadway” means that portion of any street, improved, designated,
or ordinarily used for vehicular travel.
“Sidewalk” means that portion of the street between the curb and
the property line intended for the use of pedestrians.
“Stopping” means, as applied to vehicles, to stop a vehicle
longer than is actually necessary to receive or discharge passengers.
“Street” means every public way, including alleys.
“Traffic” means pedestrians, ridden or herded animals, vehicles,
buses, and other conveyances, individually or collectively, while using any
street for the purpose of travel.
“Vehicle” means every device in, on, or by which any person or property
is or may be transported or drawn on any street except devices moved by human
power or used exclusively on stationary rails or tracks. (CC § 70.01)
10.04.020 Obedience to traffic
directions--Required.
A. It is unlawful for any
person to fail or refuse to comply with any lawful order, signal, or direction
given by a uniformed police officer, or to fail or refuse to comply with any of
the traffic regulations of this title.
B. The provisions of this
title shall apply to the driver of any vehicle owned or used in the service of
the United States government, this state, county, or city, and it is unlawful
for any such driver to violate any of the provisions of this title, except as
otherwise permitted in this title or by state statute.
C. Every person
propelling any pushcart or riding a bicycle or an animal on any roadway, and
every person driving any animal on any roadway, and every person driving any
animal-drawn vehicle shall be subject to the provisions of this title
applicable to the driver of any vehicle, except those provisions of this title
which by their very nature can have no application. (CC § 70.02)
10.04.030 Police department--Powers and duties.
It shall be the duty of the police department to direct all
traffic in conformance with this title and to enforce the traffic regulations
as set forth in this title, to make arrests for traffic violations, to
investigate accidents, and to cooperate with other officers of the city in the
administration of the traffic laws, and in developing ways and means to improve
traffic conditions. (CC § 70.03)
10.04.040 Enforcement authority.
Authority to direct and enforce all traffic regulations of the
city in accordance with the provisions of this title and to make arrests for
traffic violations is given to the police department, and, except in case of
emergency, it is unlawful for any other person to direct or attempt to direct
traffic by voice, hand, whistle, or any other signal. (CC § 70.04)
10.04.050 Temporary regulations.
When required for the convenience and safety of the public and to
alleviate unusual traffic problems, the city council or any authorized city
official shall, at his/her discretion, have authority to impose such traffic
regulations as he/she may deem necessary for temporary periods not to exceed
two weeks. If these temporary regulations are necessary for a period longer
than two weeks, the city clerk shall be notified in writing of the extended
order. (CC § 70.05)
Sections:
10.08.010 Signal legends.
10.08.020 Traffic-control devices--Establishment
and maintenance.
10.08.030 Signals--Obedience.
10.08.040 Signals--Interference.
10.08.050 Unauthorized signals or markings.
10.08.060 Device to be legible and in proper
position.
10.08.070 Temporary disregard of devices by police
officers.
10.08.010 Signal legends.
Whenever traffic is regulated or controlled exclusively by a
traffic-control sign or signs exhibiting the words “Go,” “Caution,” or “Stop,”
or exhibiting different colored lights for purposes of traffic control, the
following colors only shall be used, and these terms and lights shall indicate
and be obeyed as follows:
A. Green Alone or “Go.”
Vehicular traffic facing the signal may proceed straight through or turn right
or left unless a sign at such place prohibits either such turn. However,
vehicular traffic shall yield the right-of-way to other vehicles and to
pedestrians lawfully within the intersection at the time such signal is
exhibited.
B. Steady Yellow Alone or
“Caution” When Shown Following the Green or “Go” Signal. Vehicular traffic
facing a steady yellow signal is thereby warned that the related green movement
is being terminated or that a red indication will be exhibited immediately
thereafter when vehicular traffic shall not enter the intersection. Vehicular
traffic facing a steady yellow signal may enter and clear the intersection.
C. Red Alone or Double
Red or “Stop.” Vehicular traffic facing the signal shall stop before entering
the nearest crosswalk at an intersection or at such other point as may be
indicated by a clearly visible line, and shall remain standing until green or
“Go” is shown alone.
D. Flashing Red Alone.
Vehicular traffic facing the signal shall stop before entering the nearest
crosswalk at an intersection or at such other point as may be indicated by a
clearly visible line, and shall not again proceed until it can do so without
danger.
E. Flashing Amber Alone.
Vehicular traffic facing the signal shall reduce its speed and proceed
cautiously across the intersection controlled by such signal.
F. “Yield Right-of-Way.”
Vehicular traffic facing the “Yield Right-of-Way” sign shall bear the primary
responsibility of safely entering the primary intersecting or merging
right-of-way. All traffic facing the sign shall yield the right-of-way to all
vehicles and pedestrians within such primary intersecting or merging
right-of-way. No vehicle facing a “Yield Right-of-Way” sign shall enter the
merging or intersecting right-of-way at a speed in excess of fifteen (15) miles
per hour, except that this speed limit shall not apply to vehicles entering an
expressway.
G. Lane Lights. When lane
lights are installed over any street for the purpose of controlling the
direction of flow of traffic, vehicular traffic shall move only in traffic
lanes over which green arrows appear. However, when flashing amber lights
appear above a lane all left turns shall be made from that lane. Where red
arrows appear above such lanes, vehicles shall not move against them. If
flashing amber lights show above a lane, that lane shall be used only for
passing and for left turns unless a sign at such place prohibits such turn.
H. The operator of any
vehicle traveling along any street intersecting another street, subject to
control by a properly authorized stop sign, shall bring such vehicle to a
complete stop and shall make no attempt to drive upon, into or across such
streets protected by a stop sign, unless such vehicle can be driven without
danger of collision with any other vehicles. (CC § 70.20)
10.08.020 Traffic-control devices--Establishment
and maintenance.
A. The city council shall
establish the character and location of all traffic-control devices including,
but not limited to, stop signs, no parking signs, and electrical control devices.
The city director of public works is empowered to install and maintain such
devices.
B. All traffic-control
devices, including signs, shall be employed to indicate one particular warning
or regulation, shall be uniform, and as far as possible shall be placed
uniformly. All traffic-control devices and signs shall conform to required
state specifications. (CC § 70.21)
10.08.030 Signals--Obedience.
A. It is unlawful for the
driver of any vehicle to disobey the signal of any official traffic-control device
placed in accordance with the provisions of this title or of a traffic barrier
or sign erected by any of the public departments or public utilities of the
city, or any electric signal, gate, or watchman at railroad crossings, unless
otherwise directed by a police officer. However, the type and the right to or
necessity for such barrier or sign must be approved by the city.
B. Such sign, signal,
marking, or barrier shall have the same authority as the personal direction of
a police officer. (CC § 70.22)
10.08.040 Signals--Interference.
No person shall without authority attempt to or in fact alter,
deface, injure, knock down, or remove any official control device or any
railroad sign or signal, or any inscription, shield, or insignia thereon, or
any part thereof. (CC § 70.23)
10.08.050 Unauthorized signals or markings.
A. It is unlawful for any
person to place, maintain, or display on or in view of any street any
unauthorized sign, signal, marking, or device which purports to be or is an
imitation of or resembles an official traffic device or railroad sign or signal
which attempts or purports to direct the movement of traffic, or which conceals
or hides from view or interferes with the effectiveness of any official control
device or any railroad sign or signal. No person shall place or maintain, nor
shall any public authority permit on any street, any traffic sign or signal
bearing any commercial advertising. Nothing in this section shall be construed
as restricting any public department or public utility of the city in any
emergency or temporarily from marking or erecting any traffic barrier or sign
whose placing has been approved by the city.
B. Every such prohibited
sign, signal, or marking is declared to be a public nuisance and the city is
empowered forthwith to remove it or cause it to be removed. (CC § 70.24)
10.08.060 Device to be legible and in proper
position.
No provision of this title for which signs or any other
traffic-control device is required shall be enforceable against an alleged violator
if at the time and place of the alleged violation the required device was not
in proper position and sufficiently legible to be seen by an ordinarily
observant person. (CC § 70.25)
10.08.070 Temporary disregard of devices by police
officers.
In an emergency any police officer may at his/her discretion
disregard traffic-control lights or signals or established regulations in order
to facilitate the movement of traffic. (CC § 70.26)
Sections:
10.12.010 Obstructing traffic.
10.12.020 Reverse or u-turns.
10.12.030 Backing vehicles.
10.12.040 Vehicles crossing sidewalks.
10.12.050 Speed limit.
10.12.060 Required lights on vehicles.
10.12.070 Glaring lights.
10.12.080 Muffler required.
10.12.090 Proper license plates required.
10.12.100 Operator of vehicle to drive carefully.
10.12.110 Right-of-way of emergency
vehicles--Following emergency vehicles--Driving over fire hose.
10.12.120 Smoke emission or other nuisance.
10.12.130 Unlawful use of horn, siren and the like.
10.12.140 Mechanical loudspeakers.
10.12.150 Retail vending from
vehicles--Door-to-door solicitation.
10.12.160 Permitting unlawful operation.
10.12.170 Trucks--Operation generally.
10.12.180 Prohibition of certain cargo--Exceptions.
10.12.190 Cargo to be covered.
10.12.200 Duty of operator.
10.12.210 Accident report.
10.12.010 Obstructing traffic.
A. It is unlawful to
operate any vehicle or permit it to remain standing in any street in such
manner as to create an obstruction thereof.
B. It is unlawful for the
operator of any vehicle to enter any intersection or crosswalk unless there is
sufficient space on the other side of the intersection or crosswalk to
accommodate the vehicle without obstructing the passage of other vehicles or
pedestrians, notwithstanding the indication of any traffic-control signal which
may be located at the intersection or crosswalk.
C. Any intersection
deemed by the city to be of special or critical importance to the movement of
traffic shall be marked in a distinctive manner in order to indicate its
importance. Should the operator of any vehicle enter any intersection so marked
when there is insufficient room on the other side of the intersection to
accommodate the vehicle, the indication of any traffic-control signal
notwithstanding, he/she shall be deemed to have violated this subsection rather
than subsection B of this section. (CC § 71.01)
10.12.020 Reverse or u-turns.
The operator of any vehicle shall not turn such vehicle so as to
proceed in the opposite direction unless such movement can be made in safety
without interfering with other traffic. (CC § 71.02)
10.12.030 Backing vehicles.
It is unlawful for the operator of any vehicle to back the
vehicle at any intersection for the purpose of executing a turning movement. A
vehicle from any parking position shall be backed by the operator in such
manner as to proceed on the same side of the roadway in the lawful direction of
travel. (CC § 71.03)
10.12.040 Vehicles crossing sidewalks.
A. It is unlawful for the
operator of any vehicle to drive within any sidewalk space except at a
permanent or temporary driveway or by special permit from the city council or
any authorized city official.
B. It is unlawful for the
operator of any vehicle to drive the vehicle out of any alley, driveway,
building, or lot and across a sidewalk, or its extension across the alley,
unless the vehicle has been brought to a complete stop immediately prior to
crossing the sidewalk or its extension. On entering the roadway from the alley,
driveway, or building the operator shall yield the right-of-way to all vehicles
approaching on the roadway. The operator of any vehicle intending to cross a
sidewalk and turn into an alley from the roadway may do so at low speed and
with caution. (CC § 71.04)
10.12.050 Speed limit.
No operator of any vehicle upon any street of the city shall
drive at a greater speed than is reasonable or prudent, having regard for the
traffic, the use of the highways, and the prevailing conditions; providing,
that the maximum rate of speed at any time shall be twenty-five (25) miles per
hour. (CC § 71.05)
10.12.060 Required lights on vehicles.
A. During the period from
one-half hour after sunset to one-half hour before sunrise, all two-wheel motor
vehicles and bicycles shall display in front at least one headlight, and all
other motor vehicles at least two headlights. All motor vehicles shall display
in the rear at least one red light (tail light), and bicycles shall have an
adequate and effective red reflector.
B. Violation of this
section may be excused if the vehicle has the proper physical equipment but has
suffered a light failure which has been corrected during the period between
citation and trial, and the repair is exhibited. (CC § 71.06)
10.12.070 Glaring lights.
It is unlawful for the operator of any vehicle, driving the hours
when lights are required, to operate such vehicle with the rays of its
headlights projecting ahead on the high beam when other vehicles are
approaching from the opposite direction within five hundred (500) feet, nor
shall they follow any vehicle under the same provisions. (CC § 71.07)
10.12.080 Muffler required.
It is unlawful to operate any motor vehicle on any street, unless
such motor vehicle is equipped with a sufficient and suitable muffler in good
working condition, or when such muffler is cut-out or removed. No cut-out shall
be so arranged or connected as to permit the operation or control thereof by
the operator of any motor vehicle while operating such vehicle. (CC § 71.08)
10.12.090 Proper license plates required.
It is unlawful to operate any motor vehicle on any street without
a license plate, or with any license plate that has expired, was issued for any
other vehicle, or is improperly used in any manner. (CC § 71.09)
10.12.100 Operator of vehicle to drive carefully.
A. The operator of any
vehicle upon a highway shall operate the vehicle in a careful manner, with
regard for the safety and convenience of pedestrians and other vehicles upon
the highway.
B. No person shall
willfully operate any vehicle on any highway in such a manner as to injure the
highway. (CC § 71.35)
10.12.110 Right-of-way of emergency
vehicles--Following emergency vehicles--Driving over fire hose.
A. Upon the approach of
an emergency vehicle equipped with, and operating, one or more flashing,
rotating, or oscillating red or blue lights visible under normal conditions
from a distance of five hundred (500) feet to the front of such vehicle; or
when the driver is giving audible signal by siren, exhaust whistle, or bell,
the driver of every other vehicle shall yield the right-of-way, immediately
drive to a position parallel to, and as close as possible to, the edge or curb
of the highway clear of any intersection, and stop and remain in such position
until the emergency vehicle has passed, except when otherwise directed by a
police officer or firefighter.
B. Upon the approach of
any emergency vehicle operated in conformity with the provisions of subsection
A of this section, the operator of every vehicle shall immediately stop clear
of any intersection and shall keep such position until the emergency vehicle
has passed, unless directed otherwise by a police officer or firefighter.
C. No operator of any
vehicle, unless he is on official business, shall follow any emergency vehicle
being operated in conformity with the provisions of subsection A of this
section closer than five hundred (500) feet, nor shall he/she drive into, park
the vehicle into, or park the vehicle within the block where the vehicle has
stopped in answer to an emergency call or alarm, unless he/she is directed
otherwise by a police officer or firefighter.
D. No vehicle, train, or
other equipment shall be driven over any unprotected hose of a fire department
when the hose is laid down on any street, private driveway, or track for use at
any fire or fire alarm unless the fire department official in command consents
that the hose be driven over. (CC § 71.36)
10.12.120 Smoke emission or other nuisance.
Every vehicle when on a highway shall be so equipped as to make a
minimum of noise, smoke, or other nuisance, to protect the rights of other
traffic, and to promote the public safety. (CC § 71.37)
10.12.130 Unlawful use of horn, siren and the like.
It is unlawful to sound any horn, siren, or similar instrument,
except by proper public and emergency authorities, in such a manner as to
constitute a nuisance thereby. The horn shall be used strictly as a warning
signal to vehicular and pedestrian traffic. (CC § 70.06)
10.12.140 Mechanical loudspeakers.
It is unlawful to use any mechanical loudspeaker or other device
or amplifier or noise-maker on any moving or standing vehicle within the city
for advertising or other purposes. (CC § 70.07)
10.12.150 Retail vending from
vehicles--Door-to-door solicitation.
It is unlawful for any firm, person, or corporation to operate
within the city limits any vehicle for the purpose of vending any product from
such vehicle or solicit the sale of any product from door to door without a
permit issued by the city council or their duly authorized representative on
such conditions as they may determine. (CC § 70.08)
10.12.160 Permitting unlawful operation.
It is unlawful for the owner, or any other person employing or
otherwise directing the operator of any motor vehicle, to require or knowingly
permit the operation of such vehicle within the city in any manner contrary to
this chapter, or any other regulations properly adopted by the city. (CC §
70.09)
10.12.170 Trucks--Operation generally.
A. No truck shall be
operated on the streets of the city with a load in excess of the lawful limits.
B. No vehicle shall be
operated upon any street or public way of the city unless such vehicle is so constructed or equipped
with covering material to prevent the contents from escaping.
C. The owner and the
operator of any truck have the same responsibility for compliance with this
section. (WFC § 520.3)
10.12.180 Prohibition of certain cargo--Exceptions.
A. It is unlawful to
operate or cause to be operated any freight-carrying truck or any vehicle
containing such substances as earth, sand, gravel, rocks, construction
material, scrap metal, junk, tree limbs, brush, garbage, refuse or any other
like material on the streets of the city which does not have as its destination
a residence located within the city, a public or private park area located
within the city, or a permanent street division structure located within the
city (such as a grass-covered “island” separating the flow of traffic on a
street.)
B. It is unlawful to
operate or cause to be operated on any street within the city any truck which
would create a hazard to the health and safety of any person or animal located
within the city, or which is hazardous to any property located in the city,
including, but not limited to, the surface of any road or driveway, mailboxes,
motorized vehicles, private yards and trees and other foliage, except to the
extent that this subsection conflicts with subsection A of this section. (RO
92-3 (part))
10.12.190 Cargo to be covered.
A. It is unlawful to
operate on any street within the city any vehicle containing such substances as
earth, sand, gravel, rocks, construction material, scrap metal, tree limbs,
brush, garbage, waste, refuse or any other like material likely to be scattered
during operation unless the substances are covered with a tarpaulin or other
covering in such a manner as to prevent them from being scattered.
B. Any such vehicle shall
be so constructed and loaded as to prevent the scattering, sifting, leaking or
dropping of such substances on the streets while it is operated thereon. (RO
92-3 (part))
10.12.200 Duty of operator.
It shall be the duty of the owner of, operator of, or passenger
in any motor vehicle which is involved in an accident in which any person is
injured or property damaged to stop immediately and ascertain the extent of the
injury or damage and render such assistance as may be needed. (CC § 71.20)
10.12.210 Accident report.
The operator, owner, or passenger involved in an accident
resulting in the injury or death of any person, or an accident in which
property is damaged, shall immediately report the accident or property damage
to the police department. (CC § 71.21)
Sections:
Article I. Generally
10.16.010 Obstructional parking--Double parking.
10.16.020 Manner of parking.
10.16.030 Limitations of stopping and parking.
10.16.040 Restrictions and prohibitions on
designated streets.
10.16.050 Parking restricted to allow street
cleaning.
10.16.060 Parking time limited--Towing authorized.
10.16.070 Parking on parade route.
10.16.080 Parking on off-street facility.
10.16.090 Illegal parking--Owner responsibility.
10.16.100 Parking in parks.
10.16.110 Display of parked vehicle for sale.
10.16.120 Parking with handicapped permits.
10.16.130 Parking on private property.
10.16.140 Parking on unpaved areas.
10.16.150 Prima facie proof of person in control.
10.16.160 Parking of recreational or commercial
vehicles.
10.16.170 Impoundment of vehicles
authorized--Redemption.
10.16.180 Required notice to owner.
10.16.190
10.16.200 Announcement of snow emergency.
10.16.210 Termination of emergency.
10.16.220 Snow emergency routes.
10.16.010 Obstructional parking--Double parking.
A. It is unlawful for any
person to leave any vehicle or any other thing that may be a nuisance, obstruction,
or hindrance in or on any street, alley, or sidewalk within the city either
during the day or night.
B. It is unlawful for any
person to stop or park any vehicle on the roadway side of any other vehicle
stopped or parked at the edge or curb of a street. (CC § 72.01)
10.16.020 Manner of parking.
A. It is unlawful for the
operator of any vehicle to stop or park the vehicle in a manner other than with
its right-hand side toward and parallel with the curb, except that where
parking is permitted on the left side of a one-way street, the left-hand side
shall be so parked, and except for commercial loading and unloading on one-way
streets.
B. No vehicle shall be
parked or left standing on any street unless its two right wheels are within
six inches of and parallel with the curb, except that on one-way streets where
parking is permitted on the left side the two left wheels are to be within six
inches of and parallel with the curb.
C. No vehicle shall be
backed to the curb on any street, except that wagons and trucks may do so when
loading and unloading provided that such loading and unloading and delivery of
property and material shall not consume more than thirty (30) minutes. Such
backing of trucks or wagons is prohibited at all times and on all streets in
the city where any truck or wagon so backed interferes with the use of the
roadway of moving vehicles or occupies road space within ten (10) feet of the
center line of the street.
D. The city may establish
diagonal parking at certain places, requiring the parking of vehicles at a
certain angle to the curb and within a certain portion of the roadway adjacent
thereto. However, diagonal parking shall not be established where the roadway
space required therefor would be within ten (10) feet of the center line of any
street. Such diagonal parking places shall be designated by suitable signs, and
shall indicate by markings on the pavement the required angle and the width of
the roadway space within which such vehicle shall park.
E. It is unlawful for the
operator of any vehicle to so park such vehicle that any part thereof shall
extend beyond the lines marking the side or the rear of the space assigned for
one vehicle. (CC § 72.02)
10.16.030 Limitations of stopping and parking.
It is unlawful for the operator of any vehicle to stop or park
such vehicle except in a case of real emergency or in compliance with the
provisions of this traffic code or when directed by a police officer or traffic
sign or signal at any time in the following places:
A. On the mainly-traveled
portion of any roadway or on any other place in the roadway where vehicles
stand in any manner other than as specified in Section 10.16.020;
B. On a sidewalk;
C. In front of sidewalk
ramps provided for handicapped persons;
D. In front of a public
or private driveway;
E. Within an intersection
or crosswalk, or within thirty (30) feet thereof;
F. At any place where
official signs prohibit stopping or parking. This does not apply to police
officers when operating properly identified vehicles during the performance of
their official duties;
G. Within thirty (30)
feet of any flashing beacon, traffic sign, or traffic-control device;
H. At any place where the
standing of a vehicle will reduce the usable width of the roadway for moving
traffic to less than sixteen (16) feet;
J. No person shall move
a vehicle not lawfully under his/her control into any such prohibited area. (CC
§ 72.03)
10.16.040 Restrictions and prohibitions on
designated streets.
A. The provisions of this
chapter prohibiting the stopping and parking of a vehicle shall apply at all
times or at those times herein specified or as indicated on official signs
except when it is necessary to stop a vehicle to avoid conflict with other
traffic or in compliance with the directions of a police officer or official
traffic-control devices.
B. The provisions of this
chapter imposing a time limit on parking shall not relieve any person from
his/her duty to observe other and more restrictive provisions prohibiting or
limiting the stopping or parking of vehicles in specific places or at specified
times.
C. When signs are erected
in compliance with the provisions of subsection F of this section giving notice
thereof, no person shall park a vehicle at any time on any street so marked by
official signs.
D. When a curb has been
painted in compliance with the provisions of subsection F of this section, no
person shall park a vehicle at any time at or adjacent to any curb so marked.
E. When signs are erected
in compliance with the provisions of subsection F of this section, in each
block giving notice thereof, no person shall park a vehicle between the hours
specified by official signs on any day except Sundays on any street so marked.
F. 1. The city shall determine on what streets or
portions thereof stopping or parking shall be restricted or prohibited.
Whenever under authority of or by this title or any other ordinance any parking
limit is imposed or parking is prohibited on designated streets, or parking
areas are restricted to handicapped parking, appropriate signs shall be erected
giving notice thereof. However, in lieu of erecting such signs or in conjunction
therewith, the face and top of a curb or curbs at or adjacent to which parking
is prohibited at all times may be painted a solid yellow color;
2. No such regulations or
restrictions shall be effective unless the signs have been erected and are in
place or the curbs are painted yellow at the time of any alleged offense,
except in the case of those parking restrictions which by their very nature
would not require such signs and markings.
G. When signs are erected
in compliance with subsection F of this section in each block giving notice
thereof, no person shall park a vehicle for a time longer than specified on
official signs any day except Sunday and on any street so marked. (CC § 72.04)
10.16.050 Parking restricted to allow street
cleaning.
The city is authorized to designate street cleaning areas and
shall provide suitable signs and markings on the street to be cleaned,
restricting parking on that particular day. It is unlawful for the operator of
any vehicle to stop on any street so designated. (CC § 72.05)
10.16.060 Parking time limited--Towing authorized.
A. It is unlawful for
anyone to park in any one place any vehicle on any of the public ways or
streets of the city for a period of twenty-four (24) hours or longer. Any
vehicle left parked in any one place on any of the public ways or streets of
the city for a period of twenty-four (24) hours or longer shall be deemed
abandoned, and shall be subject to all existing regulations of the city
pertaining to abandoned motor vehicles.
B. No person shall park
any vehicle on any street within the city
for more than ten minutes between the hours of
10.16.070 Parking on parade route.
A. The city council or
any authorized city official shall have the authority, whenever in his/her judgment
it is necessary, to prohibit or restrict the parking of vehicles along a street
or part thereof constituting a part of the route of a parade or procession, to
erect temporary traffic signs to that effect, and to prohibit and prevent such
parking.
B. It is unlawful to park
or leave unattended any vehicle in violation of such signs or directions. (CC §
72.07)
10.16.080 Parking on off-street facility.
A. It is unlawful for the
driver of a motor vehicle to park or abandon the vehicle or drive on or
otherwise trespass on another’s property, or on an area developed as an
off-street parking facility, without the consent of the owner, lessee, or
person in charge of such property or facility.
B. If at any time a
vehicle is parked, abandoned, or otherwise trespass in violation of subsection
A of this section, the owner, lessee, or person in charge of the property or
facility may have the unauthorized motor vehicle removed in accordance with the
provisions of this title.
C. Every property owner
or operator of an off-street parking facility shall post signs stating thereon
that the property or parking lot or facility is privately owned and that
unauthorized vehicles will be removed at the owner’s expense before exercising
the authority granted in subsection B of this section. (CC § 72.08)
10.16.090 Illegal parking--Owner responsibility.
The fact that any motor vehicle which is illegally parked is
registered in the name of a person, firm or corporation shall be considered
prima facie proof that such person, firm or corporation was in control of the
vehicle at the time of such parking. (CC § 72.09)
10.16.100 Parking in parks.
It is unlawful for any person to park any motor vehicle in or on
any section of any public park, playground, play lot, or tot lot within the
city not designed as a parking area or designed and regularly maintained as a
roadway. However, nothing contained in this section shall be construed as
prohibiting the parking of a motor vehicle parallel to a designated and
regularly maintained roadway in any such park or playground where at least two
wheels of the motor vehicle are resting on such roadway. (CC § 72.10)
10.16.110 Display of parked vehicle for sale.
It is unlawful to park a motor vehicle displayed for sale or a
motor vehicle on which demonstrations are being made on any street. (CC §
72.11)
10.16.120 Parking with handicapped permits.
A. Any other provision to
the contrary notwithstanding, a motor vehicle bearing a decal in its front
windshield issued by the county clerk pursuant to appropriate county ordinances
for handicapped persons, when operated by a handicapped person or when
transporting a handicapped person, may be parked in a designated handicapped
parking place, or when parked in a metered parking space may be parked for two
hours for no fee, or when parked where any parking limit is imposed may be
parked for two hours in excess of the parking limit. The motor vehicle may be
parked in a loading zone for that period of time necessary to permit entrance
or exit of the handicapped person to or from the parked vehicle, but in no
circumstances longer than thirty (30) minutes.
B. This section shall not
permit parking in a “no stopping” or “no parking” zone nor where parking is
prohibited for the purpose of creating a fire lane or to accommodate heavy
traffic during morning, afternoon, or evening hours, nor permit a motor vehicle
to be parked in such a manner as to constitute a traffic hazard. (CC § 72.12)
10.16.130 Parking on private property.
It is unlawful to park any motor vehicle on any private property
without the consent of the owner of the property. (CC § 72.13)
10.16.140 Parking on unpaved areas.
No motor vehicle shall be parked on any unpaved area of any lot
within the city. (CC § 151.056)
10.16.150 Prima facie proof of person in control.
The fact that any motor vehicle which is illegally parked is
registered in the name of a person, firm, or corporation shall be considered
prima facie proof that such person, firm, or corporation was in control of the
motor vehicle at the time of such parking. (CC § 72.14)
10.16.160 Parking of recreational or commercial
vehicles.
A. Scope. All
persons, including individuals, firms, and corporations owning or controlling
property in the city, shall be subject to the requirements of this chapter, and
shall conform to its provisions and be subject to the penalties imposed by it.
B. Definitions.
“Commercial vehicle” means any truck with a manufacturer’s rating
of one and one-quarter tons or over, or any truck or trailer of any size used
primarily for business, or any other vehicle containing readily visible tools,
business equipment or supplies.
“Owner” means the holder of any interest of record in the subject
property.
“Recreational vehicle” means any and all boats, trailers, campers,
motor homes, or similar types of recreational vehicles, but shall not include
passenger vans which do not have more than four single-tired wheels.
C. Parking
Restrictions.
1. No owner shall park a
recreational vehicle or a commercial vehicle on any street within the city;
2. No owner shall park or
leave, nor allow any other person to park or leave, a recreational vehicle or a
commercial vehicle on the owner’s property or any other property within the
city, unless the recreational vehicle or the commercial vehicle is inside a
garage or other structure permitted by city ordinance. (Ord. 116-95 § 1: CC §
72.15)
10.16.170 Impoundment of vehicles
authorized--Redemption.
A. All police officers
are empowered to authorize the impoundment of a vehicle violating
vehicle-related ordinances after a citation has been issued.
B. A vehicle slated for
impoundment will be tagged and placed under control of the police department.
Should a vehicle be moved without the consent and approval of the police
department a warrant shall be issued immediately for the violator’s arrest.
C. All fines, fees, and
charges must be paid in full before a release of impoundment can be issued for
the vehicle’s release. (CC § 72.25)
10.16.180 Required notice to owner.
A. When a motor vehicle
has been involuntarily towed or transported pursuant to order of police, other
public authority, or private person or business for any reason or when the
vehicle has been stolen or misappropriated and its removal from the public ways
has been ordered by police, other public authority, or by private person or
business, or in any other situation where a motor vehicle has been
involuntarily towed or transported by order of police, other authority, or by
private person or business, the police, other authority, or private person or
business shall attempt to ascertain from the State Transportation Cabinet the
identity of the registered owner of the motor vehicle or lessor of a motor
carrier as defined in KRS Chapter 281 and within ten (10) business days of the
removal shall, by certified mail, attempt to notify the registered owner at the
address of record of the make, model, license number, and vehicle
identification number of the vehicle, of the location of the vehicle, and of
the requirements for securing the release of the motor vehicle.
B. If a vehicle described
in subsection A of this section is placed in a garage or other storage
facility, the owner of the facility shall attempt to provide the notice
provided in subsection A of this section by certified mail to the registered
owner at the address of record of the motor vehicle or lessor of a motor
carrier as defined in KRS Chapter 281 within ten (10) business days of recovery
of, or taking possession of the motor vehicle. This notice shall contain the
information as to the make, model, license number, and vehicle identification
number of the vehicle, the location of the vehicle, and the amount of
reasonable charges due on the vehicle. When the owner of the facility fails to
provide notice as provided herein, the motor vehicle storage facility shall
forfeit all storage fees accrued after ten (10) business days from the date of
tow. This subsection shall not apply to a tow lot or storage facility owned or
operated by the city. (CC § 72.26)
10.16.190
Any person engaged in the business of storing or towing motor
vehicles in either a private capacity or for the city who has substantially
complied with the requirements of this title shall have a lien on the motor
vehicle for the reasonable or agreed charges for storing or towing the vehicle
as long as it remains in his/her possession. If after a period of forty-five
(45) days, the reasonable or agreed charges for storing or towing a motor
vehicle have not been paid, the motor vehicle may be sold to pay the charges
after the owner has been notified by certified mail ten (10) days prior to the
time and place of the sale. If the proceeds of the sale of any vehicle pursuant
to this section are insufficient to satisfy accrued charges for towing,
transporting, and storage, the sale and collection of proceeds shall not
constitute a waiver or release of responsibility for payment of unpaid towing,
transporting, and storage charges by the owner or responsible casualty insurer
of the vehicle. This lien shall be subject to prior recorded liens. (CC §
72.27)
Article III. Snow Emergency
10.16.200 Announcement of snow emergency.
Whenever the city council or any authorized city official finds
that falling snow, sleet, or freezing rain will create a condition which makes
it necessary that the parking of motor vehicles on snow emergency routes be
prohibited, or whenever it is found on the basis of a firm forecast of snow,
sleet, or freezing rain that the weather conditions so forecasted may create a
condition making it necessary that such parking be prohibited, the council or
city official is authorized to announce such prohibition, to become effective
at a time specified by it. After the effective time of such prohibition no person
shall park any vehicle or permit any vehicle to remain parked on a snow
emergency route. However, if a fall of snow, sleet, or freezing rain occurs
after eleven p.m. and prior to six a.m., and the city council or any authorized
city official has not announced prior to eleven p.m. that parking on snow
emergency routes is to be prohibited after a specified time, a vehicle parked
on a snow emergency route may remain so parked until seven a.m. following such
fall. The prohibition of parking announced by the city council or any
authorized city official under the authority of this section shall remain in
effect until the council or city official announces the termination of the snow
emergency, in part or in whole, after which the prohibition of parking authorized
by this section shall no longer be in effect. (CC § 72.40)
10.16.210 Termination of emergency.
Whenever the city council or any authorized city official shall
find that some or all of the conditions which gave rise to the snow emergency
prohibition no longer exist, the council or city official is authorized to
declare the termination of the emergency, in part or in whole, effective
immediately on announcement. If such announcement is made other than between
10.16.220 Snow emergency routes.
The term “snow emergency route” means any route designated by the
city council or any authorized city official. On such street or highway
designated as a snow emergency route, special signs shall be posted to this
effect. (CC § 72.42)
Chapter 10.20
Sections:
10.20.010 Operation of bicycles.
10.20.020 Operation of motorcycles and
motorscooters.
10.20.030 Skating and coasting.
10.20.040 Clinging to vehicles.
10.20.010 Operation of bicycles.
A. No person shall
operate a bicycle on the sidewalks of the city.
B. No person shall
operate a bicycle on any section of a public park, playground, play lot or tot
lot, except on a roadway or in a parking area.
C. No operator of any
bicycle shall carry another person on such bicycle. (CC § 73.01)
10.20.020 Operation of motorcycles and
motorscooters.
A. No operator of any
motorcycle, motorscooter or power-driven bicycle shall carry another person
except on a seat attached thereto or in a side car attached to the vehicle.
B. No operator of a
motorcycle, motorscooter, or power-driven bicycle shall operate such vehicle in
any public park, except on a roadway or in a parking area.
C. No operator of a
motorcycle, motorscooter, or power-driven bicycle shall operate such vehicle in
any play lot or tot lot. (CC § 73.02)
10.20.030 Skating and coasting.
Except on streets which may be declared from time to time as
“play streets” by the city and protected by barriers or official signs, it is
unlawful for any person on skates or riding on a coaster sled or toy vehicle of
any kind, to go on any roadway except at a crosswalk. (CC § 73.03)
10.20.040 Clinging to vehicles.
A. No person while riding
on a bicycle, coaster sled, roller skates or any toy vehicle shall cling to any
moving vehicle on any street, or fasten or attach the vehicle on which he/she
is riding thereto.
B. No person shall ride
on the projection, running board or fenders of any vehicle. (CC § 73.04)
Chapter 10.24
WEIGHT LIMITS
Sections:
10.24.010 Weight limit established.
10.24.020 Exemptions.
10.24.030 Signs required.
10.24.040 Vehicle certification required.
10.24.050 Violation--Penalty.
10.24.010 Weight limit established.
No person shall operate on any roadway within the city any motor
vehicle which exceeds twenty-one thousand (21,000) pounds gross weight,
including the load, provided however, special permits may be granted by the
city council or their duly appointed representative on such conditions,
regulations and subject to such fees as may be set by the city council. (CCO
1975-2 § 1)
10.24.020 Exemptions.
This chapter shall not extend to any motor vehicles which enter
the city for purposes of delivering goods, merchandise or other property or
service to completed residences within the limits of the city nor to moving van
type trucks moving residents into or out of the city. (CCO 1975-2 § 2)
10.24.030 Signs required.
Signs indicating such weight limitations described in this
chapter shall be erected at appropriate locations by the city. (CCO 1975-2 § 3)
10.24.040 Vehicle certification required.
Any person operating a motor vehicle in excess of ten thousand
(10,000) pounds gross weight shall carry a certification of the weight of the
vehicle and the weight of the load. Such certification shall be in accordance
with any regulation requirements established by the city council. (CCO 1975-2 §
4)
10.24.050 Violation--Penalty.
Any person who violates any provision of this chapter shall be
guilty of a misdemeanor and upon conviction thereof shall be fined not less
than fifty dollars ($50.00) nor more than one hundred dollars ($100.00.) (CCO
1975-2 § 5)
CHAPTER 10.30.
PORTABLE STORAGE CONATINERS
10.30.01 Purpose of
Ordinance
10.30.02 Application
of Ordinance
10.30.03 Definitions
10.30.04 Permits and
Conditions
10.30.05 Exceptions
10.30.06 Fees
10.30.07 Advertising
10.30.08 Enforcement
10.30.09 Fees and
Penalties
10.30.10 Effective Date
10.30.01 PURPOSE OF ORDINANCE.
The purpose of this Ordinance
is to regulate and limit the time and place of the location of portable storage
containers, sometimes called Portable On Demand Storage (PODS), trailers used
for storage, or temporary storage structures, on residentially zoned property
in the City.
10.30.02 APPLICATION OF ORDINANCE.
This ordinance shall apply to all real estate located within the bounds
of the City of INDIAN HILLS, with the exception of lots zoned and used for
commercial or industrial purposes.
10.30.03 DEFINITIONS.
Portable Storage Containers shall mean and include any type of temporary
storage structure, including but not limited to the following:
a.. Portable
On Demand Storage devices sometimes known as PODS;
b. Vehicles or trailers whose primary
purpose on the property is to store personal property;
c. Temporary building or structures, not
otherwise covered by the restrictions of the Land Development Code;
d. Dumpsters (defined as movable
containers that are used to store items
or debris pending removal from the property) moved and emptied no less
frequently than monthly, are not covered by this ordinance;
e. A single Portable Storage Containers
capable of not holding more than a maximum of one cubic yard shall not be
subject to this ordinance.
f. Trash cans capable of holding not more
than 100 gallons shall not be subject this ordinance.
g. This ordinance shall not apply to a
Portable Storage Container which is located in an enclosed area, such as an
enclosed garage.
h. The
fact that a Portable Storage Container is without wheels is immaterial so long
as the container is designed for and is capable of being moved or relocated.
10.30.04 PERMIT AND CONDITIONS.
No Portable Storage Containers as defined herein shall be allowed to be
located on or remain on any residentially zoned real estate in the City of
INDIAN HILLS without first securing from the City a permit.
a. A Permit shall be issued for a maximum
of fourteen (14) days from the earlier of (i) the date of issuance or (ii) the
date on which the Portable storage container was located upon the property.
b. No more than two permits shall be
issued for the location of a Portable Storage Container on the same lot during
the same calendar year where the lot is under the same ownership.
c. Periods of three days or less shall not
be counted where a Portable Storage Container is returned to the property for
the purpose of unloading.
d. The City Clerk or his/her designee
shall provide Application/Permit forms for the purpose of securing a Permit.
e. There shall be subtracted from the
fourteen (14) days otherwise allowable two days for each one day that the
Portable Storage Container is located on the property without a valid permit.
f. A permit shall state the date of
issuance and an expiration date.
g. The container shall not be placed on
public property.
10.30.05 EXCEPTIONS.
In the case of emergencies,
such as floods, wind storms, fires or other acts of God, and man made disasters
such as sewage back-ups, water leaks, electrical overloads and other such
events that damage property, code enforcement officials shall not be allowed to
enforce the provisions of this ordinance and shall make reasonable allowance
for the extension of all time periods, limits on numbers of containers,
locations of containers on the property or other appropriate waivers where
necessary to assist in recovery, restoration, mitigation of further damage and
construction efforts. A permit is still required.
10.30.06 FEES.
At the time a Permit is issued,
the applicant shall pay a fee to the City of
10.30.07. ADVERTISING.
The Portable Storage Container shall contain no commercial advertising
or graffiti. The name, address, and
telephone number of the provider of the container may be shown thereon. Any graffiti on the container shall be
removed within forty-eight (48) hours.
10.30.08 ENFORCEMENT.
This Ordinance
may be enforced by any Citation Officer of the City of INDIAN HILLS, or by the
Indian Hills Police Department, or as a civil matter by a designee of the
10.30.09 FEES AND PENALTIES.
Any person, firm, corporation,
or other entity violating this ordinance, or any provision thereof, shall be
subject to a civil fine of not less than $100.00 for each such violation, and
each day on which a violation exists or occurs shall be deemed a separate
violation for which a separate fine may be accessed. A separate fine shall apply to each day the
Portable Storage Container remains on the property after the expiration of the
Permit.
10.30.10 EFFECTIVE DATE.
This Chapter 10.30 shall take effect upon its passage, approval and
publication as required by law. (Ord.
07-04, 8-07)