Details for CITY OF WENDELL - Ad from 2019-09-19

ORDINANCE NO: 504-2019
AN ORDINANCE OF THE CITY OF WENDELL, IDAHO REPEALING
ORDINANCE 504-2010 AND AMENDING SECTION 11, CHAPTER 2 OF THE
WENDELL CITY CODE; ESTABLISHING PARKING RESTRICTIONS WITHlN
WENDELL CITY BOUNDARIES; SETTING FORTH DEFINITIONS; ESTABLISHING
PARKING VIOLATIONS FINES AND PROCEDURES FOR PAYMENT; PROVIDING
FOR THE ISSUANCE OF AN INFRACTION FOR PARKING IN VIOLATION HEREOF;
PROVIDING THAT THE REGISTERED OWNER OF A VEHICLE IS PRIMA FACIA
RESPONSIBLE FOR PARKING VIOLATIONS; REPEALING CONFLICTING
PROCEEDINGS; PROVIDING SEVERABILITY, AN EFFECTIVE DATE AND
ESTABLISHING A PENALTY AND ADDITIONAL COSTS FOR FAILURE TO PAY
WITHIN FIFTEEN (15) DAYS THEREFORE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF WENDELL, IDAHO:
Section 11, Chapter 2, and all its provisions are hereby amended to
read as follows:
section 1: When the following words or terms are used in this
ordinance they shall have the following meaning:
Official Traffic Control Devices: The phrase “Official Traffic Control
Devices” shall mean all signs, signals, markings and devices placed or
erected by the authority of the City of Wendell or by any other official having
jurisdiction for the purpose of regulating warning or guiding traffic.
Operator: The word “Operator” shall mean any person who shall drive
or operate a vehicle upon any street or alley in the City of Wendell or who is
in actual physical control of the vehicle.
Actual Physical Control: The term “Actual Physical Control” means
sitting in the drivers position with the vehicle running. Park or Parking:
The word “Park or Parking” shall mean the standing of a vehicle, whether
occupied or not, other than temporarily for the purpose of and while actively
engaged in loading or unloading goods, merchandise or persons.
Vehicle: The word “Vehicle” shall mean every device in, upon, or by
which any person or property is, or may be transported or drawn upon a
street or alleyway, except devices used exclusively upon stationary rails or
tracks.
section 2: General parking Restrictions: Any person who parks a
vehicle, except when necessary to allow movement of other vehicular traffic
or pursuant to the direction of a peace officer or traffic control devise, in any
of the following designated places, shall be guilty of an infraction, to-wit:
(A) On a public sidewalk.
(B) Within any portion of a public or private driveway or entrance to
a public street.
(C) Within an intersection.
(D) Within fifteen (15) feet of a fire hydrant.
(E) Within a crosswalk.
(F) Within twenty (20) feet of a crosswalk located at any intersection.
(G) Within thirty (30) feet of the approach to any flashing beacon,
stop sign or traffic control signal.
(H) Within fifty (50) feet of the nearest rail of a railroad crossing.
(I)
Within twenty (20) feet of the driveway entrance to any fire
station or within seventy-five (75) feet of such entrance when
parking on the side of the street opposite such entrance, when
regulatory signs indicate such prohibition.
(J) Upon any street or portion thereof in a manner which blocks or
interferes with the regular flow of vehicular traffic.
(K) At any place where official traffic control devises prohibit such
parking.
section 3: The City of Wendell, Idaho, through its designated police or
contract sheriff’s department, has the authority to issue infraction parking
tickets to persons violating the provisions of this chapter. Said tickets shall
be administrative and payable through the Wendell City Clerk’s Office.
section 4: The designated police or contract sheriff’s department,
upon observing a vehicle parked in violation of this ordinance, to leave upon
such a vehicle a separate infraction ticket. For each posted time period, or
as frequently as every two (2) hours that such vehicle has been parked in
violation of this ordinance. Each infraction notice issued by the designated
police or contract sheriff’s department, shall bear the date and hour of
the leaving the same at or upon the vehicle, the make of the vehicle, the
vehicle’s license number or VN, the specific section of Wendell City Code
violated and the amount of the penalty (fine), and shall instruct the owner or
operator of such vehicle to pay the penalty at the Wendell City Clerk’s Office,
on or before a certain date, not to exceed 15 days from the date of issuance
of the infraction notice. One (1) copy of each infraction notice shall be filed
with the Wendell City Clerk’ Office.
section 5: No person shall park any Commercial Vehicle with four (4)
or more axels or that is capable of having a gross weight capacity in excess
of sixteen thousand (16,000) pounds, or is registered to transport sixteen
thousand (16,000) pounds or more, whether attended or unattended, upon
any streets or alleyways in any residentially zoned area within the city limits
of the City of Wendell, Idaho, except:
(a) For the purpose of loading and unloading materials or
merchandise or,
(b) For any purpose incident to any lawful construction project
located with the immediate vicinity of such parked vehicle.
(c) For any purpose incident to a lawful commercial operation
located in any residential or commercial zone within the
immediate vicinity of such parked vehicle.
(d) For unloading passengers and or equipment from vehicles rated
for passenger transportation.
(e) For less and fifteen (15) minutes on Idaho Street between
Avenue D and 4th Avenue between the hours of 05:00 a.m. and
11 p.m.
section 6:
(a) All parking infractions issued under this chapter shall be a
Ninety dollar ($90.00) fee or assessment.
(b) In the event an infraction ticket is not paid within fifteen (15)
business days, an additional Five dollars ($5.00) shall be added
per day to the penalty.
(c) The failure of any owner or operator to make such payment to
the City of Wendell within thirty (30) days shall give rise to a civil
cause of action against the owner or operator for the amount of
the penalty plus late fees, filing fees and attorney fees.
section 7: If any vehicle is found stopped, standing or parked in any
manner violating any part of the provisions of this ordinance, and the identity
of the operator cannot be determined, the owner in who’s name the vehicle
is registered or the named lessee in a rental or leased vehicle shall be held
prima facie responsible for such violation.
section 8: All ordinances, resolutions, and parts thereof in conflict with
the provisions of this Ordinance to the extent of such conflict, are hereby
repealed.
section 9: If any section, paragraph, clause or provision of this
ordinance shall be held to be invalid, or unenforceable, for any reason, the
invalidity or enforceability of such section, paragraph, clause or provision
shall in no manner affect any remaining provisions of this Ordinance.
section 10: This Ordinance shall be in full force and effect from and
after its passage, approval, and publication.
PASSED BY The Wendell City Council and approved by the Mayor of the
City of Wendell, Gooding County, Idaho this 5 day of September, 2019.

Publish: September 19, 2019

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