Ordinance - 1988 - 133 - Not Approved - 03/08/1988EAGLE CITY COUNCIL MEETING
MARCH 8, 1988
MOVED BY MATLOCK AND SECONDED BY MINOW WALKER TO TABLE ORDINANCE
NO. 133. ALL AYE: MOTION CARRIED.
ORDINANCE NO. 133
AN ORDINANCE RELATING TO PARKING; ESTABLISHING CHAPTER 3, TITLE 5,
EAGLE CITY CODE, TO PROHIBIT PARKING OF A MOTOR VEHICLE 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 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 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 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:
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 official traffic
control device, no person shall park a motor vehicle,
whether or not occupied, except temporarily for the
purpose of, and while actually engaged in, loading or
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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 vehicle parked, standing, or stopped in
violation of the provisions of this Chapter, 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 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 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
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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
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,
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 day of March, 1988.
CITY OF EAGLE
By
ATTEST:
City Clerk
MLDkaj115
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Mayor