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Ordinance - 2014 - 724 - Amending Parking Violations - 10/28/2014ORDINANCE NO. 724 AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING TITLE 5, CHAPTER 3, SECTION 4, TITLE 5, CHAPTER 3, SECTION 5, TITLE 5, CHAPTER 3, SECTION 6, TITLE 5, CHAPTER 3, SECTION 7 AMENDING PARKING REQUIREMENTS, PENALITIES, AND ENFORCEMENT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Eagle is authorized to enact ordinances enforceable by fine and infraction penalty under I.C. § 50 -302. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho; Section 1: That Title 5, Chapter 3, Section 4 of the Eagle City Code is hereby amended as follows: 5 -3 -4: STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES: 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: A. Park a motor vehicle, or motor vehicle and trailer, exceeding thirty feet (30') in length, whether or not occupied, on State Street between Eagle Road and First Street, except temporarily for the purpose of, and while actually engaged in, loading or unloading passengers or merchandise. B. Park a motor vehicle at any place where official traffic control devices prohibit parking. C. On a sidewalk or parkway. D. In front of a public or private driveway. E. _______ fifteen feet (.,, ) of ,, ii,e -h>Qi Rim E. On a desienated bike lane or bike path F. On a crosswalk. G. Within twenty feet (20') of a crosswalk at an intersection, except at those intersections controlled by a pedestrian control. H. Within twenty feet (20') of the corner of an intersection at an intersection where no crosswalk is indicated. The said corner of the intersection shall be the intersection of the projecting edge of paving. I. Within twenty feet (20') upon the approach of any flashing beacon, stop sign or traffic control signal located at the side of a roadway. J. Within twenty feet (20) of the driveway entrance to any fire station and on the side of the street opposite the entranceway to any fire station within seventy five feet (75') of said entrance when properly signposted. ORDINANCE NO. — PAGE 1 OF 4 K. No person shall stop, stand or park a motor vehicle in or upon any alley for a period of time longer than reasonably necessary for the purpose of loading or unloading a vehicle. L. On the roadway side of any vehicle stopped or parked at the edge or curb of a street. iVt NR par t- 11 «l. �ef hi 1 in or upen «Y� M. Within twenty feet (20) of a bike path approach N. Within an intersection. O. Upon any bridge or other elevated structure Section 2: That Title 5, Chapter 3, Section 5 of the Eagle City Code is hereby amended as follows: 5 -3 -5: CAMPERS, MOTOR HOMES AND TRAILERS: A: Parking Certain Vehicles: It is unlawful for any person to park any of the following defined vehicles on any street in the city for more than seventy two (72) hours, except in accordance with provisions of this section: 1. Camper: A separate vehicle designed for human habitation and which can be attached or detached from a motor vehicle. 2. Motor Homes: A self - contained vehicle, designed for human habitation, with its own motor power, and with a passageway from the body of the home to the driver's and front passenger's seat. 3. Trailer: A vehicle without motor power designed for carrying persons or property on its own structure and to be drawn by a vehicle with motor power. The term trailer shall include coach, boat trailer, semitrailer, travel trailer or utility trailer. 4. Storage or Shipping Container: A self - contained motor -less enclosed structure designed for moving and /or storing property. No person shall park any such container upon a sidewalk public street or highway within the Eagle Ci1y Limits B. Parking on Residential Streets: 1. Notwithstanding any provision of this section to the contrary, the parking of any vehicle on a street remains subject to regulation of parking established pursuant to the city or state traffic and zoning regulations. 2. Any vehicle may be parked on any street for a period not to exceed seventy two (72) continuous hours. C. Time Limit: At the expiration of the applicable time limit (72 hours) set forth in this section, a new time may begin only upon removal of the motor home recreational vehicle, utility trailer, boat and trailer or vehicle from the block or five hundred feet ORDINANCE NO. — PAGE 2 OF 4 (500') from the locations in which it was previously parked whichever is farther, for a minimum of forty -eight hours (48) hours Section 3: That Title 5, Chapter 3, Section 6 of the Eagle City Code is hereby amended as follows: 5 -3 -6: PARKING TICKETS AND PROCEDURES: The city clerk sheriff, deputy sheriff code enforcement officer fire marshal and any other individual designated by the city council shall have authority to issue parking tickets as follows: A. It shall be the duty of the city clerk, sheriff, deputy sheriff, code enforcement officer fire marshal or any other individual designated by the city council, upon observing a motor vehicle or motor vehicle and trailer, parked, standing, or stopped in violation of the provisions of this chapter, to leave upon such vehicle a separate parking ticket as frequently as every two (2) hours that such vehicle has been parked, standing, or stopped in violation of the provisions of this chapter. In addition, at the expiration of the posted time limit, it will be required that all vehicles be removed from the block face of the area in which it was parked in a posted time limit for the remainder of the calendar day. Such parking ticket shall bear the hour and date of leaving the same upon the vehicle, the make of the vehicle, the vehicle's license number, the specified code section violated, and the amount of the fine for such violation. Each parking ticket shall instruct the operator of the vehicle to report to the city clerk at the city hall. B. To avoid burdening the judicial system with parking violations and for the convenience of the public, each person receiving a parking ticket under this chapter shall: 1. Within seventy two (72) hours of the time the ticket was left upon the vehicle, pay to the city clerk, in full satisfaction of the parking violation, five ($3:00) fifteen dollars ($15.00) for each parking ticket left upon his/her vehicle. 2. Within ten (10) days from the date a parking ticket was issued, if the parking ticket has not been paid within the seventy two (72) hours prescribed above, pay to the city clerk an additional f . e dallafs ($5.00) fifteen dollars ($15.00) for each parking ticket, the additional five dellaFs ($5.00) fifteen dollars ($15.00) for each ticket being deemed necessary to defray administrative and clerical expenses. The failure to report and/or make such payments to the clerk's office within the times prescribed herein shall additionally render the owner or operator thereof subject to penalties as provided in section 5 -3 -7 C. If any vehicle is found stopped, standing, or parked in violation of the provisions of this chapter, the fact that the vehicle is registered or leased to a person shall be considered prima facie evidence that such person was in control of the vehicle at the time of such violation. ORDINANCE NO. — PAGE 3 OF 4 D. Within seventy two (72) hours of the time the ticket was left upon the vehicle if the vehicle has not been moved as provided herein the owner or operator shall be liable for the expense incurred by the City for towing or otherwise removing said vehicle The owner or operator of any vehicle shall be liable for any and all other reasonable expenses for storage charged by the company removing said vehicle and causing said vehicle to be stored. Section 4: That Title 5, Chapter 3, Section 7 of the Eagle City Code is hereby amended as follows: 5 -3 -7: ENFORCEMENT AND PENALTIES: Any operator of a motor vehicle or a motor vehicle and trailer who shall stand, stop, or park such vehicle in violation of the provisions of this chapter shall be deemed to have committed a parking violation. In the event that a parking ticket is not paid in accordance with the administrative procedure set forth in section 5 -3 -6 of this chapter and the City's collecting agency is unable to collect the unpaid debt or if the ticketed party contests such parking ticket, an infraction citation or complaint punishable as provided in section 1 -4 -1 shall ;,dine: U-)1 be whieh filed in the magistrate division of the district court. Section 5: This ordinance or summary thereof in compliance with Idaho Code § 50- 901A, attached hereto as Exhibit A, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval and publication. PASSED by the Council of the City of Eagle, Idaho, this a?O �1 of , 2014. APPROVED by the Mayor of the City of Eagle, Idaho thiso7dr"'day of 2014. ORDINANCE NO. — PAGE 4 OF 4 RECEIVED & FILED- CITY OF EAGLE Valley Times NOV 1 3 2014 P.O. Box 1790-Eagle,"Idaho 83616 File: LEGAL ADVERTISING PROOF OF PUBLICATION Route to: Account: L,rr 'y c E y Identification: t , t,IAA_ri N 0 • 12`/ Address: G . E , CA v, c L or, Run Dates: I( - I b a.0 (Li L. ad1A- , ..i. io November 10,(2014 �_ IG Number Lines 2-1(0 Amount *-2-1.01-t,q (50(1)horn the It Legal Not"ice S minimum of lord Sc etiion 3: Tt ORDINANCE NO.724 amended as f'ioomason, being duly sworn, deposes OF CITY OF:EAGLE,ADA COUNTY,ID A110,AMENDING 5-3-6:PAREIN Sys:weekly ly is the Principal s Clerk of AN ORDINANCE 's, a weekly newspaper published at TIME 5,CHAPTER 3,SECTION 4,"UI`!'LE 5;CHAPTER 3,SECTION 5,TITLE' CHAPTER 3, SECTION 6, "11T1<E 5, CHAP'T'ER 3; SECTION 7 AMENDING The city cl .ounty, State of Idaho;that the said PARKING REQUIREMENTS, PENAl.IT'IES, AND ENFORCE MEN ANT) other individttal,tr IS in general circulation in the said PROVIDING AN EppEcTTVF DATE. tickets as folk's"Ada, and in the vicinity of Meridian, WH REA the pity of Eagle is authorized to enact ordinances enforceable tsy A.it shall be thjagle, and has been uninterruptedly fine andinlhxtion penalty under IC,4 5o-3it2. t or ad in said County during a period of motor vehicle or;consecutive weeks prior to the first NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CI I r prquently notice,a copy of which is attached COUNCI OF i I� CITY Y EAGLE,Ada C� frequently find that the notice was published in m*,Idaho; _ %n violation oft P man l= Thal Title 5,Chapter 3,Section of the Eagle City Code is hereby time limit,it wilt, in conformity with Section 60-108, atigh iwsde, as amended, for l time(s) Parking ticket sill and entire issue of said paper,and of the ve hkle,t 54-4: STOPPI ";STAIe DING, of PARKING PROHIBITED IN SPECIFIED amount of the one newspaper proper, and not in a ", - vehicle to reps,;and that said notice was published ° - on the following dates: ' No person shall stood or parka vehicle,except when.nex:sooty to avoid conflict R. `To avoid g with other o r at compliance with law or the directions of a police office r or Wile convenience of 'L V R/r' / `R'c 1 6 l t)ti-t control&v.*,in any the following placer. ( I.Within C A,Park a motor vehicle,or motor vehicle and trailer,,enc+ee ding thirty feet(3©/in length. pay to h whether or treat occt�l,on SState SStrcet l-agie Road aced First Street."execpt L 1r4'. 10 0 " (Li temporarily fur the'pi a;a& and while actually engaged in, loading or unloading , t passengers or"merchant ,. 2.Withi��t� l ' 13. Park a motor vehicle at any place where official t control devices prohibit ticket (l2A,-vt,.j` I /1.eyn A,-.vt parking, a to the cit C.On a sidewalk orprkway. to: parking a D.In front of a"public or private driveway. STATE OF IDAHO) , , z _ . - ply z= HZ failure to )SS On a designated tike lane or hike pater- - COUNTY OF ADA) F. a�w+ :. penaitiesf of P"D U G Within tt�feet(20')of a.crosswalk at an intersection,exce in the year of 2014 pt at,thetse nttertrections y comet committed by apedesanan C.If any vchicUI0tary Public, personally appeared H.Within twenty feet(20')of the corner of an intersection at an intersection where no this mater,the Of identified to me to be the person i elk is The said carx r of the intersection shall be the intersection of the prima facie eve '`Ubscribed to the within instrument, projecting edge of paving. violation. uI i.Within twenty feet pal upon the approach of any flashing beacon.stop sigh or unfree* D. within nevenever)tl y sworn, declared that the coMod signal located at the Algot""a roadway. vehicle has not hTII . - knowledged to me that ,T.Within twenty fectl20'1 of the driveway entrance to any fire station and on the side of IhtstipsominrAi , e executed the same. the street opposite the entomeeway to any fire station within seventy use feet(75')of owner o ejg ex , said entrance when y stgapeas 1. z•/ ,_ �s .,test. K.No person shalt stop,stand or park a motor vehicle in or upon any alley ha*a period of ow. Notary Public for Idaho time longer than reasonably for the purpose of loading or unloading'a vehicle. Reside g at oise, ID L.On the roadway side of any vehicle stopped or parked at the edge or curb of street. Agstisat lif fission expires: 1- m,Within twiny feet t20)att.Ipla path apinoach. umenc4xf as folltr N.Within an intersection.; 5-3-7:ENEORt Any operator of anion 2: That"Tide 5,Chapter 3.Section 5 of the.Eagle City Code is hereby such which amended as follows: „, `committed a park