Ordinance - 1999 - 338 - Amend Title 5 Chapter 3 Prohibited Parking - 03/23/1999ORDINANCE No. 338
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, TITLE 5
"POLICE REGULATIONS", AMENDING CHAPTER 3 "PROHIBITED PARKING",
PROVIDING FOR THE MANNER OF PARKING; DISABLED PERSONS PARKING;
STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES;
PARKING NOT TO OBSTRUCT TRAFFIC; CAMPERS, MOTOR HOMES AND
TRAILERS; PARKING TICKETS AND PROCEDURES; PENALTIES AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Mayor and Council wish to make Eagle a pedestrian friendly
community, and
WHEREAS, the Mayor and Council wish to provide adequate parking for both
residential and business locations,
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE, IDAHO, as follows:
Section 1: That Title 5, Chapter 3, Eagle City Code, shall be amended as follows.
5-3-1:
5-3-2:
5-3-3:
5-3-4:
Manner of Parking
Disabled Persons Parking
Parking Not To Obstruct Traffic
topping, Standing, Or Parking
Prohibited in Specified Places
5-3-5: Penalties -Campers, Motor Homes and Trailers
5-3-6: Parking Tickets & Procedures
5-3-7: Penalties
5-3-1: MANNER OF PARKING: All vehicles shall be parked on the right hand
side of the street facing the direction in which traffic is permitted to move; except that
on the one-wav streets in the City, vehicles may park on either side of the one-wav
street in the direction in which traffic is permitted to move.
Any vehicle parked within a parking or loading zone shall be parked entirely
within markings designated one parking space; shall be parked parallel or diagonal to
the curb in accordance with marking of the parking space; and in case of diagonal
parking, shall be parked so that the front of the vehicle is nearest the curb.
Except as other provided in this Section every vehicle stopped or parked upon a
roadway where there are adiacent curbs shall be so stopped or parked with the right
hand wheels of such vehicle parallel to and within 18 inches of the right hand curb.
5-3-2: DISABLED PERSONS PARKING
Page 1
A. Parking a vehicle in space reserved for the disabled, which space is marked
in conformance with the requirements specified in the Idaho Code 49-410 ,
is prohibited, unless a vehicle is momentarily in the space for the purpose of
allowing a disabled person to enter or leave the vehicle, or unless a special
license plate card for the disabled as prescribed in Idaho Code 49-410, or a
special temporary card as described in Idaho Code 49410, is displayed on
the vehicle. The registered owner of a vehicle parked in violation of
provisions of this section is guilty of an infraction..
B. Parking Violations:
1. The Parking or standing of a vehicle in space reserved for the
disabled, which space is signed in conformance with Idaho Code,
is prohibited, unless a vehicle is momentarily in the space for the
purpose of allowing person with a disability to enter or leave the
vehicle, or unless a special license plate or card or temporary card
for the disabled as prescribed in Idaho Code, or a special
temporary card for the disabled is displayed on the vehicle. The
registered owner of a vehicle parked in violation of provisions of
this subsection section is guilty of an infraction Idaho Code 49 -
410.
2. Any unauthorized use of the plate or card shall constitute an
infraction. Law enforcement officials shall enforce the provisions
of this section and are empowered, using reasonable discretion, to
check personal identification to determine if the user of the plate
or placard is the disabled person so authorized to use such
disabled persons parkingprivileges Idaho Code 49 - 410.
5-3-3: PARKING NOT TO OBSTRUCT TRAFFIC: No person shall
stop, park or leave standing any vehicle, whether attended or unattended, upon a street
or highway in such a manner or under such conditions as to leave available less than
twelve feet (12') of such roadway for the free movement of vehicular traffic.
5-3-4: STOPPING, STANDING, OR PARKING PROFITED IN
SPECIFIED PLACES: _ - - - - - - ... _' cok'icion withK.r tistific or to
nNo 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.
Page 2
B. Park a motor vehicle at any place where official traffic -control devices
prohibit parking. (Ord. 140, 8-16-1988).
C. On a sidewalk or parkway.
D. In front of a public or private driveway.
E. Within 15 feet of a fire hydrant.
F. On a cross walk.
G. Within 20 feet of a crosswalk at an intersection, except at those
intersections controlled by a pedestrian control.
H. Within 20 feet of the corner of an intersection at an intersection where no
cross walk is indicated. The said corner of the intersection shall be the
intersection of the proiectingedge of paving.
I. Within 20 feet upon the approach of any flashing beacon, stop sign or
traffic control signal located at the side of a roadway.
L Within 20 feet of the driveway entrance to any fire station and on the side
of the street opposite the entranceway to any fire station within 75 feet of
said entrance when properly sign posted.
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 e or curb
of a street;
M. No person shall stop, or park a motor vehicle in or upon a marked fire
lane;
N. Within an intersection.
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 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 coach, boat trailer,
semitrailer, travel trailer or utility trailer.
Page 3
B. Parking on Residential Streets:
1. Notwithstanding any provision of this Section to the contrary, the
parking of anv vehicle on a street remains subiect to regulation of
parking established pursuant to the City or State traffic and
zoning regulation.
2.
Any vehicle may be parked on any street for a period not to
exceed 72 continuous hours.
5-3-36: PARKING TICKETS AND PROCEDURES: The City Clerk 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 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 every two
(2) hours that such vehicle has been parked, standing, or stopped in
violation of the provisions of this Chapter. 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: (Ord. 140, 8-16-1988)
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 dollars ($5.00) 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 five
dollars ($5.00) for each parking ticket, the additional five dollars
($5.00) for each ticket being deemed necessary to defray
administrative and clerical expenses. (Ord. 326, 8-25-1998)
The failure of any operator of a vehicle receiving a parking ticket to make the
above-described payments to the City Clerk within the designated times shall render
the operator of the vehicle subject to the penalties provided by Section 5-3-4 of this
Chapter.
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. (Ord. 140, 8-16-
1988)
Page 4
5-34_7: 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 5-3-2 of this Chapter, an infraction citation or complaint for a parking violation
may be filed in the magistrate division of the district court. (Ord. 140, 8-16-88)
Section 2: That this Ordinance, or a summary thereof in compliance with Section 50-
901A, Idaho Code, shall be published once in the official newspaper of the City, and
shall take effect immediately upon its passage, approval, and publication.
pproved and adopted this 23rd day of March ,1999.
Rick Yzaguirre,
Mayor
ATTEST:
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Sharon K. Moore yy" G 4s 4g t
City Clerk/Treasure t l SFA
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Page 5
The Valley News, P.O. Br `'99, Meridian, Idaho 83680
Affidavit of Publication
STATE OF IDAHO
COUNTY OF ADA
Tim Frates
deposes and says:
That 1 ain the
s
ss.
Ordinance No.338
TITLE OF PUBLICATION
City of Eagle
PLAINTII1 OR LEGAL AGENT
, being duly sworn,
Publisher
of THE VALLEY NEWS, a
weekly newspaper published in Meridian, in the County of Ada and State of
Idaho: that said newspaper has been and is in general circulation in the county
aforesaid. and in the vicinity of Meridian; that the advertisement, a copy of which
is attached hereto, was published in said newspaper once a week for 1
consecutive weeks in the regular and entire issue of said paper during the
period and time of publication. and was published in the newspaper proper and
not a supplement: that said paper has been established and regularly published for
more than seventy-eight consecutive weeks prior to the date of first publication of
said advertisement.
Such notice rr;is published in the issue beginning with
19 99 and cndini1 rvith the ts;ue of March 31
l9 99
X
STAI'Ii OF IDAHO
COUNTY O1' \DA
March 31
On this 1 day ofApril in the year of 1999 before me, a Notary
Public, per»nnally appeared Tim Frates , known or identified
to me to he ilic person whose name subscribed to the within instrument, and
being br me I irst duly sworn. declared that the statements therein ar true, and
acknow`lcdoe „hiapic that he/she executed the
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N�Nninr"`uau\�
Notary Public for Idaho
a -
STATEMENT
Valley News
Meridian, Idaho
Numhe of Lines 208 Lines
Number or Insertions .
208 Linc, ((S` $1.50
L roesY.' $1.25
TOTAL COST
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E o 338 v..
AN ORDINAN ' P 1'HE CITY
OF EAGLE, ADA COUNTY IDAHO, .E
TITLE 5 "POLICE REGULATIONS", Is
AMENDING CHAPTER 3 "PRO-
HIBITED PARKING , PROVIDING is
FOR THE MANNER OF PARKING; s
DISABLED PERSONS PARKING,
STOPPING, STANDING,
SPECIFIED
PARK-
ING PROHIBITED IN e
PLACES; PARKIN NOT TO CAMPETe
OBSTRUCT TRAFFIC;S AND RS; 1
PARKING TIMOTOR MEKETSS AND PROCE 1
DURES; PENALTIES AND PRO-
VIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and Coun-
cil wish to make Eagle a pedestrian
friendly community, and and Coun- '
WHEREAS, the Mayor
cil wish to provide adequate parking
for both residential and business loca-
tions, FORE, BE IT
NOW THEREFORE,
ORDAINED BY THE MAYOR AND CITY OF
COUNCIL OF THE
EAGLE, IDAHO, as follows:
$erg: That Title 5, Chapter 3,
Eagle City Code, shall be amended as
follows.
3-1• Pi aHdis
Manner of
�l
5-3-2: Disabled Persons ParkingObstruct,
5-3-3: Parkin' N_
ee-
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Ondine, Or Park
d� S. Prcr
ins=
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mpers, Motor
5.3-5:
Homes and Trailers ets & prose-.
5-3-6: Parkin;
t
i
5-3-7: Penaltta CT:
5-3-1: MANNER OF PARI '
All ve icles�h he nark -
the.
ri h hand td of the street facia
glhs
direction in which traffic 1s nermi
to move: except 90, pn the one-way.
velijcles may nark
an either Ode pf ° e- e stett in.
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111
The Valley News, P.O. Bc 99, Meridian, Idaho 83680
Affidavit of Publication
STATE OF IDAHO
COUNTY OF ADA
} ss.
Public Hearing / Prohibited Parking
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
Tim Frates . being duly sworn,
deposes and says:
That I am the Publisher of THE VALLEY NEWS, a
weekly newspaper published in Meridian, in the County of Ada and State of
Idaho; that said newspaper has been and is in general circulation in the county
aforesaid, and in the vicinity of Meridian; that the advertisement, a copy of which
is attached hereto, was published in said newspaper once a week for 2
consecutive weeks in the regular and entire issue of said paper during the
period and time of publication, and was published in the newspaper proper and
not a supplement; that said paper has been established and regularly published for
more than seventy-eight consecutive weeks prior to the date of first publication of
said advertisement.
Such notice was published in the issue beginning with
19 99 _ _ and ending with the issue of March 17
1999 1 L
X
STATE OF IDAHO
COUNTY OF ADA
March 10
On this 1 day of April in the year of1999 before me, a Notary
Public, personally appeared Tim Frates . known or identified
to me to be the person whose name subscribed to the within instrument, and
being by me first duly sworn, declared that the statements therein are true, and
,uuw",
acknw+t\�g",,that he/she executed
„1� 0 Residing at -,"
UB
\/e. 11MMA 9,14lmission expires
u
Notary Public for Idaho
STATEMENT
Valley News
Meridian, Idaho
Number of Lines 26 Lines
Number or Insertions 2
26 Lines @ $1.50 $ 39.00
26 Lines @ $1.25 $ 37.50
TOTAL COST
Copy of Notice
(First Copy)
REARING
LE
Legal notice is hereby given that
the EAGLE CITY COUNCIL will
hold a public hearing on March 23,
1999, at 7:30 P.M. at Eagle City Hall,
310 E. State Street, Eagle, Idaho. The
purpose of the hearing to consider
Ordinance 338 ordinance of the city of
Eagle, Ada County Idaho, Title 5
"Police Regulations", amending Chap-
ter 3 "Prohibited Parking", providing
an effective date, and to explain the
reasons for such fees. The proposed
parking ticket fees may exceed 105%
bf prior fees. The proposed fees are set
forth below;
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 dollars ($5.00) for each parking
ticket left upon his/her vehicle.
Within ten (10) days from the date
1(a parking ticket was issued, if the
parking ticket has not been paid with-
in the seventy two (72) hours pre-
scribed above, pay to the City Clerk an
additional five dollars ($5.00) for each
parking ticket, the additional five dol-
lars ($5.00) for each ticket being
deemed necessary to defray adminis-
trative and clerical expenses. (Ord.
326, 8-25-1998)
A complete draft of the proposed
ordinance is available at City Hall for
public review. Public testimony is
encouraged at the public hearing.
WRITTEN COMMENTS will be
accepted until 5:00 p.m. on the day of
the public hearing. Qualified individu-
als who need accessible communica-
tion aids and services or other accom-
modations to participate in programs
and activities are invited to make your
needs and preferences know to the
504/ADA Coordinator (Eagle City
Clerk). Please give us at least three to
five days advanced notice so we can
adequately meet your needs.
/s/ Sharon K. Moore, Eagle City Clerk
L -4I 8E March 10 &17, 1999
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