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AN ORDINANCE ADOPTING PARKING REGULATIONS, AND WRECKED, ABANDONED, JUNKED, DISMANTELED MOTOR VEHICLES AND OTHER PERSONAL PROPERTY
WHEREAS, Henefer Town desires to adopt an Ordinance with respect to the enforcement of parking on Town Streets and Right of Way, and; relating to abandoned, wrecked, junked, and dismantled motor vehicles and other Personal Property; (Prohibiting the storage, repair, or dismantling thereof on public property,) declaring the same to be a nuisance; providing for the abatement of such nuisances; and providing penalties for the violation of this ordinance, and;
WHEREAS, Henefer Town desires to adopt an Ordinance for the protection of the public safety and welfare of the citizens of Henefer Town, and; Ordinance No. 2011-188
WHEREAS, Henefer Town has duly conducted a public meeting regarding the adoption of such;
NOW THEREFORE, be it ordained by Henefer Town Council as follows:
DEFINITIONS
Inoperable vehicle – A vehicle which, by dismantling, disrepair or any other reason, is incapable of being propelled under its own power, and any vehicle which has a main component part missing or unattached (for purposes of this section avehicle must have its own battery, be able to start and roll on its own power.)
Unregistered vehicle – Any vehicle which for more than a 30 day period is not registered with the appropriate motor vehicle agency of the State of Utah and displaying evidence of such current registration.
Unregistered Trailer – Any trailer of any type or size designed for use upon a street, road or highway which, for more than a 30 day period, is not registered with the appropriate motor vehicle agency of the State of Utah and displaying evidence of such current registration.
Municipality: is Henefer Town
Other personal property: is any other personal property which is wrecked, dismantled, partially dismantled, inoperative, abandoned, or discarded and shall include, but not be limited to refrigerators, freezers, kitchen appliances, bathroom fixtures, boats, snowmobiles, wagons and building materials
Person: shall mean any person, firm, partnership, association, corporation, company, or organization of any kind
Private property: shall mean any real property within the municipality which is privately owned and which is not public property as defined in this section.
Public property: shall mean any street or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility.
Penalty : any person violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, and on conviction shall be subject to a fine of not more than (?). Each act in violation of any of the provisions hereof shall be deemed a separate offense.
SECTION 1:
Unlawful Parking: No person who owns or has possession, custody, or control of a vehicle, utility trailer house trailer, boat, boat trailer, or any other type of vehicle or trailer, farm equipment, or construction equipment, shall park or store such vehicle upon any public street or Town Right of Way for a period of time exceeding seventy-two (72) hours. Such vehicle shall be considered to be in violation of this ordinance if parked in one or more locations within the same block for longer than such seventy-two (72) hours period.
No vehicles with a GVW over 72,000 lbs will be allowed to park on a public street or Public Property except for the purpose of unloading cargo or personnel.
SECTION 2:
Parking of unregistered vehicle and trailers prohibited: No person who owns or has possession, custody, or control of any unregistered vehicle, utility trailer, house trailer, boat trailer, or any other type of vehicle or trailer, shall park or store such vehicle upon any public street or City Right of Way.
SECTION 3:
Parking or storing certain items on public streets or city right of ways prohibited: No person who owns or has possession, custody, or control of any dismantled, partially dismantled, or inoperable vehicle, machinery or equipment, or parts thereof, shall park or store such stated items upon any public street or City Right of Way for a period of time exceeding 72 hours, except as may be permitted under pertinent provisions of other ordinances of the Town.
Section 3-1 Such vehicle shall be considered in immediate violation if it obscures the sight of traffic on any street or intersection.
Section 3-2 A person may not move a vehicle or leave and reenter a parking space for the sole purpose of avoiding the effect of this ordinance.
SECTION 4:
A. Parking Prohibited in Certain Places: It shall be unlawful and a violation of this chapter for any person to park a vehicle, or to permit others to park a vehicle in any of the following manners or places on a street:
1. On a sidewalk or across a sidewalk.
2. In front of, or within five feet (5’) on either side of a driveway.
3. Within an intersection, or within fifteen feet (15’) of an intersection.
4. In front of or within five feet (5’) from a fire hydrant.
5. In or on a crosswalk.
6. Standard Parking Regulations:
7. Within twenty feet (20’) of a crosswalk at an intersection.
8. Within thirty (30’) from the approach to any flashing beacon or traffic control device, including stop signs controlling traffic on the same roadway as the approach.
9. Within fifty feet (50’) of the nearest rail of any railroad crossing.
10. Within twenty feet (20’) of the entrance to a fire station, or on the street opposite of the entrance to a fire station if designated a no parking area by signs.
11. Along side any street excavation or construction fence or barricade if parking in that location would obstruct the free flow of traffic on the street.
12. On a bridge or other elevated portion of a street, or under an overpass.
13. At any place marked by signs as a no parking zone.
14. In such location or manner that the car is parked opposite of the flow of traffic on the street, except as provided in this chapter.
15. In a parking stall designated for the use of disabled or handicapped persons without a proper permit.
16. In a manner which blocks an access ramp for disabled persons.
17. In a manner which abuses the parking privileges granted to disabled persons under a properly issued permit.
B. Parking May Not Obstruct Traffic: No person shall park a vehicle on a street in any manner that obstructs a street, sidewalk or driveway and impedes the free movement of vehicular or pedestrian traffic.
C. It is not the intent of this ordinance to cause a hardship on those residents who do not have off-street parking available.
SECTION 5:
Unlawful Parking During Snow Cleanup Periods November 1st to April 1st:
There shall be no on street parking between November 1 and April 30 of the following year. Vehicles or other obstacles which hamper snow removal operations will be removed at the owner’s expense. The town shall not assume any liability for damage to vehicles parked on the street in violation of this chapter. Damage to snow removal equipment resulting from contact with vehicles parked on the street shall be the responsibility of the vehicle owner.
SECTION 6:
Unlawful to deposit snow in Public Way:
It shall be unlawful for any person to deposit, haul, push, blow or otherwise deposit snow accumulated on private property within the traveled portion of any public street or sidewalk in a manner that impedes the reasonable flow of vehicle or pedestrian traffic on that street or sidewalk. The “traveled way” shall be defined as the width of the paved or graveled surface plus ten (10) additional feet on each side of the surface.
SECTION 7:
Compliance Required; Fines; and Impoundment:
A. Compliance Required: Compliance with this chapter is required when proper signs are posted, or when the regulation is such that no sign is required under this chapter. It shall be unlawful to park any vehicle in violation of the regulations established by this chapter, or in violation of regulations contained on posted signs.
B. Obligation of Owner to Move Vehicle: It is the obligation of the owner or operator of a vehicle to remove that vehicle when it is illegally parked. When an officer finds an illegally parked vehicle that is impeding traffic or snow removal, the officer is authorized to move the vehicle to the extent necessary to remove the obstruction, including towing the vehicle to an impound yard.
C. Nature of Violation: Violations of this chapter are class C misdemeanors, and subject to penalty.
1. Pursuant to this code, in lieu of a criminal citation for violations of this title, there is hereby established an administrative civil fee which may be assessed by means of an administrative citation issued by an enforcement official of Summit County as follows:
a. Class I violations shall be those which deprive disabled persons of access to designated parking areas and access ramps. The initial fee for class 1 violations shall be the sum on one hundred dollars ($100.00). However, in the event the fee is not paid within a timely fashion after receipt of the citation, the fee shall be as follows:
After 10 days $125.00
After 20 days 150.00
After 30 days 170.00
After 60 days 185.00
b. Class II violations shall be those which hamper the ability of police, fire, EMS or public works officials to properly carry out their official duties and jeopardize the public health, safety and welfare by violation. The initial fee for class II violations shall be the sum of fifty dollars ($50.00). However in the event the fee is not paid within a timely fashion after receipt of the citation, the fee shall be as follows:
After 10 days $60.00
After 20 days 65.00
After 30 days 70.00
After 60 days 105.00
c. Class III violations shall be those which impede the free movement of vehicular and/or pedestrian traffic. The initial fee for class III violations shall be the sum of thirty dollars ($30.00). However, in the event the fee is not paid within a timely fashion after receipt of the citation, the fee shall be as follows:
After 10 days $45.00
After 20 days 60.00
After 30 days 75 .00
After 60 days 90.00
d. Class IV violations shall be all other violations which are not class I, II, or III violations. The initial fee for class IV violations shall be the sum of fifteen dollars ($15.00). However, in the event the fee is not paid within a timely fashion after receipt of the citation, the fee shall be as follows:
e. fashion after receipt of the citation, the fee shall be as follows:
After 10 days $25.00
After 20 days 32.00
After 30 days 45.00
After 60 days 68.00
2. Any person receiving an administrative citation who wishes to challenge the citation, may request a hearing before the administrative law judge.
D. Towing Costs: In addition to fine on the violation, the owner of the vehicle is responsible for paying towing fees and impound fees for the release of the vehicle
E. Payment: Fines shall be paid to Henefer Town by cash or check, mailed to PO Box 112, Henefer, Utah 84033.
F. Release of Impounded Vehicles: Impounded vehicles will only be released to the owner thereof or the person legally entitled to possession under a rental or lease agreement. Impounded vehicles shall be released under the regulations established by the county sheriff’s department or by ordinance for release and inventory of impounded vehicles, and upon payment of the impound fees and towing fees.
SECTION 8:
If any provision of this Ordinance, or the application of such provision to any person or circumstance, shall be held invalid or unenforceable for any reason, the remainder of this Ordinance, or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby.
SECTION 9:
.05 REMOVAL OF MOTOR VEHICLE FROM PUBLIC PROPERTY: If any nuisance as defined in this ordinance is located on public property owned or subject to regulation by the municipality, the marshal may remove such nuisance without giving to the property owner the notice and opportunity for a hearing.
Adopted this __________ day of _____________ 2011.
_____________________________ _______________________________ Earleen T. Paskett, Clerk Randy C. Ovard , Mayor
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