Ordinance - 1988 - 135 - Parking - 03/21/1988ORDINANCE NO. 135
AN ORDINANCE RELATING TO PARKING; ESTABLISHING CHAPTER 3, TITLE 5,
EAGLE CITY CODE, TO PROHIBIT PARKING OF A MOTOR VEHICLE, OR A
MOTOR VEHICLE AND TRAILER, EXCEEDING THIRTY (30) FEET IN LENGTH,
ON STATE STREET BETWEEN EAGLE ROAD AND FIRST STREET IN THE CITY OF
EAGLE, IDAHO; AUTHORIZING THE ISSUANCE OF PARKING TICKETS FOR
PARKING VIOLATIONS; ESTABLISHING AN ADMINISTRATIVE PROCEDURE FOR
PARKING FINES AND FOR THE FILING OF A COMPLAINT IN DISTRICT COURT
IF PARKING FINES ARE NOT ADMINISTRATIVELY PAID; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Eagle, Idaho (the "City"), is a
municipal corporation duly organized and operating under the laws
of the State of Idaho and is authorized under Idaho Code § 49-582
to regulate or prohibit vehicles from stopping, standing, or
parking within designated areas of the City; and
WHEREAS, the City Council has determined that the public
health, safety, and welfare is endangered by the parking of motor
vehicles and motor vehicles and trailers exceeding thirty (30)
feet in length on State Street between Eagle Road and First Street
in the City; and
WHEREAS, the Ada County Highway District is a county -wide
highway district directed under Idaho Code § 40-1415 to procure,
install, operate, and maintain traffic control devices where they
are needed for traffic control, and the City has requested that
the Ada County Highway District install "no parking" signs
prohibiting parking by motor vehicles and motor vehicles with
trailers exceeding thirty (30) feet in length on State Street
between Eagle Road and First Street.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF EAGLE, IDAHO, as follows:
Section 1: The City Council of the City of Eagle, Idaho,
hereby finds and determines that the health, safety, and welfare
of the citizens of the City and other persons using the streets of
the City are endangered by the parking of motor vehicles and motor
vehicles with trailers exceeding thirty (30) feet in length on
State Street between Eagle Road and First Street in the City.
Section 2: A new Chapter 3, Title 5, Eagle City Code, be, and
the same hereby is, enacted to read as follows:
Page 1
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 park a motor vehicle, or
motor vehicle and trailer, exceeding thirty (30) feet in
length, whether or not occupied, except temporarily for
the purpose of, and while actually engaged in, loading
or unloading passengers or merchandise, on State Street
between Eagle Road and First Street.
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,
exceeding thirty (30) feet in length, 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,
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
Page 2
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 exceeding thirty (30)
feet in length, 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.
Section 3: This Ordinance shall take effect and be in force
from and after its passage, approval, and publication.
DATED this 2.IST day of March, 1988.
CITY OF EAGLE
By
MLDkaj115
Page 3
SUMMARY OF
ORDINANCE NO. 135
AN ORDINANCE RELATING TO PARKING; ESTABLISHING CHAPTER 3, TITLE 5,
EAGLE CITY CODE, TO PROHIBIT PARKING OF A MOTOR VEHICLE, OR A
MOTOR VEHICLE AND A TRAILER, EXCEEDING THIRTY FEET IN LENGTH, ON
STATE STREET BETWEEN EAGLE ROAD AND FIRST STREET IN THE CITY OF
EAGLE, IDAHO; AUTHORIZING THE ISSUANCE OF PARKING TICKETS FOR
PARKING VIOLATIONS; ESTABLISHING AN ADMINISTRATIVE PROCEDURE FOR
PARKING FINES AND FOR THE FILING OF A COMPLAINT IN DISTRICT COURT
IF PARKING FINES ARE NOT ADMINISTRATIVELY PAID; AND PROVIDING AN
EFFECTIVE DATE
A summary of the principal provisions of Ordinance No. 135 of
the City of Eagle, Ada County, Idaho, adopted on April 12, 1988,
is as follows:
Section 1: Finds that the health, safety, and welfare of
the citizens of the City are endangered by the parking of motor
vehicles, or motor vehicles and trailers, exceeding thirty feet in
length, on State Street between Eagle Road and First Street in the
City.
Section 2: Enacts a new Chapter 3, Title 5, Eagle City
Code, to read as follows:
Section 5-3-1: Prohibits stopping, standing, or parking
a motor vehicle, or a motor vehicle and trailer, exceeding
thirty feet in length, on State Street between Eagle Road and
First Street, 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: Establishes that violation of the Chapter
is a parking violation and provides for filing a complaint in
district court if the violation is not paid administratively.
Section 3: Provides effective date.
DATED this 25th day of April, 1988.
CITY OF EAGLE
By
Mayor
County of Ada §
§
State of Idaho §
SS.
PROOF OF PUBLICAi ION
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 1 consecutive
weekk1 the first publication being on the 2 7th day of
An r i 1 ,198 8 , and the last publication being on
the 27th day of _Avi i , 19 R8.
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 e›? day of
, 196f.
Residence:
% 0 Notary Public
My commission expires: 3-1-7-7
-7%
CITY OF EAGLE
SUMMARY OF
ORDINANCE NO. 135
AN ORDINANCE RELATING TO
PARKING; ESTABLISHING CHAP-
TER 3, TITLE 5, EAGLE CITY CODE,
TO PROHIBIT PARKING OF A MO-
TOR VEHICLE, OR A MOTOR VE-
HICLE AND A TRAILER, EXCEED-
ING THIRTY FEET IN LENGTH, ON
STATE STREET BETWEEN EAGLE
ROAD AND FIRST STREET IN THE
CITY OF EAGLE, IDAHO; AUTHOR-
IZING THE ISSUANCE OF PARKING
TICKETS FOR PARKING VIOLA-
TIONS; ESTABLISHING AN ADMIN-
ISTRATIVE PROCEDURE FOR
PARKING FINES AND FOR THE FIL-
ING OF A COMPLAINT IN DISTRICT
COURTIF PARKING F :NES ARE NOT
ADMNISTRATIVELY. PAID; AND
PROVIDING AN EFFECTIVE DATE
A summary of the principal provisions
of Ordinance No. 135 of the City of Eagle,
Ada County, Idaho, adopted on April 12,
1988, is as follows:
Section 1: Finds that the health, safety,
and welfare of the citizens of the City are
endangered by the parking of motor ve-
hicles, or motor vehicles and trailers,
exceeding thirty feet in length, on State
Street between Eagle Road and First
Street in the City.
Section 2: Enacts a new Chapter 3,
Title 5, Eagle City Code, to read as fol-
lows:
Section 5-3-1: Prohibits stopping,
standing, or parking a motor vehicle,
or a motor vehicle and trailer, exceed-
ing thirty feet in length, on State
Street between Eagle Road and First
Street, except in specified instances.
Section 5-3-2: Directs the City
Clerk to issue parking tickets every
two hours for vehicles parked in vio-
lation 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: Establishes that
violation of the Chapter is a parking
violation and provides for filing a
complaint in district court if the vio-
lation is not paid administratively.
u t} _Provides effective date.
it Fle 'i s13Ws!Q woij sioll:
-si2ai Nem .10j uopdaaai a 2T/to
ase £eiq ai2eg aqi jo spuau3
wgr7 Jo spuepd
aqs •9j aur f UO Iuana 21Uuu1N
-wag stgl ui uior of suogeznielic
A;nmwwoo Pue sassauisnq �u1