Ordinance - 1988 - 140 - Amend Title 5, Prohibit Parking - 08/16/1988ORDINANCE NO. 140
AN ORDINANCE RELATING TO PARKING; AMENDING CHAPTER 3, TITLE 5,
EAGLE CITY CODE, TO PROHIBIT PARKING OF A MOTOR VEHICLE AT ANY
PLACE WHERE OFFICIAL TRAFFIC CONTROL DEVICES PROHIBIT PARKING; AND
PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE,
IDAHO, as follows:
Section 1: That Chapter 3, Title 5, Eagle City Code, be, and
the same hereby is, amended to read as follows:
5-3-1: Stopping, Standing, or Parking Prohibited
in Specified Places: Except when necessary to avoid
collision with other traffic, or to comply with the law,
directions of a police officer, or an official traffic
control device, no person shall:
A. Park a motor vehicle, or motor vehicle and trailer,
exceeding thirty (30) feet 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. era- -State-- Street between -Eagle- Road and-- First
-Street,
B. Park a motor vehicle at anv place where official traffic
-control devices prohibit Dorking.
5-3-2: 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
-emce.d - i ty(3A )- m -Longtlav parked, standing,
or stopped in violation of the provisions of this Chap-
ter, to leave upon such vehicle a separate parking
ticket every two hours that such vehicle has been
parked, standing, or stopped in violation of the provi-
sions of this Chapter. Such parking ticket shall bear
the hour and date of leaving the same upon the vehicle,
Page 1
the make of the vehicle, the vehicle's license number,
the specific 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 Eagle 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, four dollars ($4.00) for each parking
ticket left upon his or 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 three dollars ($3.00) for each parking
ticket, the additional three dollars ($3.00) for
each ticket being deemed necessary to defray
administrative and clerical expenses. 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 5-3-3 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.
5-3-3: Penalties: Any operator of a motor vehicle
or a motor vehicle and trailer -e ceeding—tori—(3 0 )
-feet- 4 -Iengthr 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 accor-
dance with the administrative procedure set forth in
Section 5-3-2, Eagle City Code, an infraction citation
or complaint for a parking violation may be filed in the
magistrate division of the district court.
Page 2
Section 2: That this Ordinance shall take effect and be in
force from and after its passage, approval, and publication.
DATED this %6 day of August, 1988.
CITY OF EAGLE
ByrJ GUY'
Mayor
MLDkaj115
Page 3
SUMMARY OF
ORDINANCE NO. 140
AN ORDINANCE RELATING TO PARKING; AMENDING CHAPTER 3, TITLE 5,
EAGLE CITY CODE, TO PROHIBIT PARKING OF A MOTOR VEHICLE AT ANY
PLACE WHERE OFFICIAL TRAFFIC CONTROL DEVICES PROHIBIT PARKING; AND
PROVIDING AN EFFECTIVE DATE
A summary of the principal provisions of Ordinance No. 140 of
the City of Eagle, Ada County, Idaho, adopted on August 16, 1988,
is as follows:
Section 1: Amends Chapter 3, Title 5, Eagle City Code, to
read as follows:
Section 5-3-1: Prohibits stopping, standing, or parking
a motor vehicle at any place where official traffic control
devices prohibit parking, except in specified instances.
Section 5-3-2: Directs the City Clerk to issue parking
tickets every two hours for vehicles parked in violation of
the Chapter and provides an administrative procedure for
paying such tickets, establishing the fact that the vehicle
parked in violation of the Chapter is registered or leased to
a person as prima facie evidence of control of the vehicle by
such person at the time the violation occurs.
Section 5-3-3:
Chapter is a parking
complaint in district
administratively.
Establishes that violation of the
violation and provides for filing a
court if the violation is not paid
Section 3: Provides effective date.
DATED this
ATTEST:
')'Jr‘C/1/76%-/
Ci y Cle
30
day
of August, 1988.
CITY OF EAGLE
(14BY 1t---
Mayor
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the
City of Eagle, Idaho, hereby certify that I have read the attached
summary of Ordinance No. 140 of the City of Eagle and that the
same is true and complete and provides adequate notice to the
public of the contents of said Ordinance.
DATED this 2.-k day of August, 1988.
City At orney
County of Ada
ss.
State of Idaho
PROOF OF PUBLICATION
Marjorie Ruth Moon, being first duly sworn, on oath
says that she is the principal clerk of The VALLEY
NEWS, a newspaper of general circulation, published
weekly by Marjorie Ruth Moon, publisher, at Meridian,
County of Ada, State of Idaho;
That the annexed notice was published in said news-
paper once each and every week for i consecutive
weeks, the first publication being on the 7th day of
September ,19._ .8, and the last publication being on
the 7th day of September , 19 8$
That the said newspaper has been published continu-
ously and uninterruptedly in said county during a period
of more than seventy-eight consecutive weeks prior to the
first publication of the attached notice.
Principal Clerk
Subscribed and sworn to before me this 8th day of
September 19 88
Notary Public
Residence: • Jai S P I
l
My commission expires: 9 (-7/
SUMMARY OF
ORDINANCE NO. 140
AN ORDINANCE RELATING TO
PARKING; AMENDING CHAPTER 3,
TITLE 5, EAGLE CITY CODE, TO
PROHIBIT PARKING OF A MOTOR
VEHICLE AT ANY PLACE WHERE
OFFICIAL TRAFFIC CONTROL DE-
VICES PROHIBIT PARKING; AND
PROVIDING AN EFFECTIVE DATE
A summary of the principal provisions
of Ordinance No. 140 of the City of Eagle,
Ada County, Idaho, adopted on August
16, 1988, is as follows:
Section 1: Amends Chapter 3, Title 5,
Eagle City Code to read as follows:
Section 5-3-1: Prohibits stopping,
standing, or parking a motor vehicle at
any place where official traffic control
devices prohibit parking, except in
specified instances.
Section 5-3-2: Directs the City
Clerk to issue parking tickets every two
hours for vehicles parked in violation
of the Chapter and provides an admin-
istrative procedure for paying such
tickets, establishing the fact that the
vehicle parked in violation of the Chap-
ter is registered or leased to a person as
prima facie evidence of control of the
vehicle by such person at the time the
violation occurs.
Section 5-3-3: Establishes that vio-
lation of the Chapter is a parking viola-
tion and provides for filing a complaint
in district court if the violation is not
paid administratively.
Section 3: Provides effective date.
DATED this 30th day of August, 1988
CITY OF EAGLE
by /s/Steve Guerber
Mayor
ATTEST:
/s/ Barbara Montgomery
City Clerk
CERTIFICATION OF CITY ATTOR-
NEY
I, the undersigned Qty Attorney for
and legal advisor to the Qty of Eagle,
Idaho, hereby certify that I have read the
attached summary of Ordinance No. 140
of the City of FAg1r and that the same is
true and complete and provides adequate
notice to the public of the contents of said
Ordinance.
DATED the 28th day of August, 1988.
/s/ Mona L. Dobaran
City Attorney
PUBLISH: Sept. T, 1988m