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HomeMy Public PortalAboutORD 140-14-08_Parking on Public Streets_121620081 ORDINANCE NO. 140-14-08 AN ORDINANCE OF THE CITY OF 10NA, IDAHO, AMENDING SECTIONS 9-4-5, 9-4-21, 9-4-22 and 9-4-23 OF THE CITY CODE OF 10NA, IDAHO; RELATING TO THE PARKING AND STORAGE OF MOTOR VEHICLES ON PUBLIC STREETS; PRESERVING PRIOR ORDINANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO, THAT: Section 1. Section 9-4-5, Iona City Code, Repealed and Re-enacted. Section 9-4-5 of the City Code of Iona, Idaho, is hereby repealed and re-enacted as follows: 9-4-5: STORAGE OF VEHICLES ON PUBLIC STREET: (A) It shall be unlawful for any automobile dealer to park or place any "vehicle" as defined under Idaho Code § 49-123, upon any public street, alley or right-of-way within the City for the purpose of selling or offering such vehicle for sale or lease. For the purposes of this section, an automobile dealer is defined as any person who regularly engages in the sale or offering for sale of motor vehicles for profit or pecuniary gain of any kind. (B) It shall be unlawful to park or place any vehicle upon any public street, alley or right- of-way located within the City for a period of more than seven (7) consecutive days at the same location. For the purposes hereof, the term "location" shall mean an area within five hundred feet (500') in any direction from the exterior surface of such vehicle. (C) It shall be unlawful to park or place any vehicle upon any road way as defined above, from and including the period commencing on Thanksgiving Day to and until Easter Sunday of the following year, between the hours of 6:00 a.m. and 12:00 noon, Monday through Friday, inclusive, except within areas lawfully designated for loading and unloading of goods and materials or within any other area lawfully designated as exempt from the provisions of this section, or except for the purpose of temporarily parking a bus or other public conveyance while loading or unloading of passengers. (0) Nothing in this Chapter shall be construed to prohibit the parking upon a public street of police vehicles, fire trucks or other emergency vehicles, or vehicles operated by a licensed physician while responding to an emergency call, from parking or allowing the parking of such motor vehicle during the course of responding to such emergency call or to prohibit the parking of public safety vehicles, snow removal vehicles, publicly owned maintenance vehicles or police vehicles. (E) Any vehicle parked or stored in violation of this Chapter may be removed by or under the direction of any peace officer and may be impounded in accordance with the provisions of this chapter or as otherwise provided by law. (F) For the purposes of this chapter, the term "street' shall have the same meaning as the term "road -way" is defined under Idaho Code § 49-119. Section 2. Section 9-4-21, lona City Code Repealed and Re-enacted. Section 9-4-21 of the City Code of lona, Idaho, is hereby repealed and re-enacted as follows: 9-4-21: ENFORCEMENT ON PRIVATE PROPERTY: No person shall park or allow the parking of a vehicle on any privately owned lot or property without the express or implied consent of the owner thereof. Section 3. Section 9-4-22, lona City Code Repealed and Re-enacted. Section 9-4-22 of the City Code of lona, Idaho, is repealed and re-enacted as follows: 9-4-22: NOTICE OF VIOLATION: (A) Any police officer or other person duly authorized by the Chief of Police or Mayor may issue a Notice of Violation to any person who violates the provisions of this Chapter. The Notice of Violation shall be issued by placing it on the windshield of an illegally parked vehicle, in a secure manner, or in a prominent place therein. A separate Notice of Violation shall be issued for each parking regulation violated. If the violation is for overtime parking, a separate notice shall be issued for each hour, or fraction thereof, the owner or operator of the vehicle allows it to remain parked in violation of this chapter. (8) The notice of violation shall state the date and time when it is issued, the nature of the parking violation observed and the amount of the penalty as provided in section 9-4-23 of this chapter. The notice shall advise the owner or operator of the vehicle that he or she must admit the violation and pay the penalty therefor or deny the violation and deliver a written notice of such denial to the City Clerk, within twenty one (21) days of the date the notice of violation is issued, in default of which an Idaho uniform citation or summons and criminal complaint may be served upon -2- such person. (C) Any person issued a Notice of Violation may enter an admission in the following ways: 1. By depositing the Notice of Violation together with the amount of penalty stated thereon in any collection box designated by the Chief of Police; 2. By mailing the Notice of Violation together with the amount of the penalty stated thereon to the address indicated on the notice; or 3. By physically presenting the Notice of Violation together with the amount of the penalty indicated thereon at the office of the City Clerk or City Treasurer. Section 4. Section 9-4-23, lona City Code Repealed and Re-enacted. Section 9-4-23 of the City Code of lona, Idaho, is hereby repealed and re-enacted as follows: 9-4-23: L TIES: PENA (A) Any person who violates any parking regulation herein, is guilty of an infraction and shall be subject to penalties as follows: 1. If the violator admits the violation and pays the penalty or delivers a written denial thereof to the City Clerk within twenty one (21) days of the date the notice is issued, the penalty, upon conviction or admission, shall be as follows: (a) Violation of any parking regulation set forth in this chapter, except section 9-4-19 (Handicap Parking), shall be $20.00. (b) Violation of section 9-4-19 (Handicap Parking), shall be $50.00 2. If a person violates any parking regulation and he or she fails to either deliver a written denial to the City Clerk or to admit the violation and pay the penalty as provided in the previous subsection within twenty one (21) days of the date the notice is issued, the penalty, upon conviction or admission, shall be as follows: (a) Violation of any parking regulation set forth in this chapter, except section 9-4-19 (Handicap Parking), shall be $40.00. (b) Violation of section 9-4-19 (Handicap Parking), shall be $100.00 (B) In the event any person violates any provision of this chapter within sixty (60) days of any prior violation of this chapter, the penalty therefor shall be double the -3- amounts set forth above. Section 5. Preservation of Prior Ordinance. The sections of the City Code repealed or amended by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution and punishment of any person who violates such provisions prior to the effective date hereof. Section 6. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 7. Effective Date. This Ordinance shall become effective on its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this _ day of December, 2008. ATTEST: Robyn Keyes City Clerk (SEAL) Q-� Brad Andersen Mayor -4- a STATE OF IDAHO ) )55. County of Bonneville ) I, ROBYN KEYES, CITY CLERK OF THE CITY OF 10NA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled: "AN ORDINANCE OF THE CITY OF 10NA, IDAHO, REPEALING AND RE- ENACTING SECTIONS 9-4-5,9-4-21,9-4-22 and 9-4-23 OF THE CITY CODE OF 10NA, IDAHO; RELATING TO THE PARKING AND STORAGE OF MOTOR VEHICLES ON PUBLIC STREETS; PRESERVING PRIOR ORDINANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE" /� ,1 Robyn Ke City Clerk -5- CITY OF IONA 3548 N Main P.O. Box 487 Iona, Idaho 83427 AFFIDAVIT OF PUBLICATION STATE OF IDAHO S.S. COUNTY OF BONNEVILLE Brad D. Andersen, being first duly sworn, deposes and says as follows: Phone: (208) 523-5600 Fax: (208) 535-0087 1. That I am Mayor of the City of Iona, Idaho. That on the 4th day of January, 2009, a copy of the document attached hereto as Exhibit "A", was sent to the residents of the City of Iona by First Class Mail. 2. That the cost of mailing, including preparation, materials, and postage, is less than the cost of other publication required by law, in particular, publication in a local newspaper. 3. This Affidavit is made in pursuance of Idaho Code 60-109 A. DATED this day of Brad D. Andersen, Mayor SUBSCRIBED and SWORN to before me this c9/ day of 2009. ..` <2- `r A \AOTAR )'. L = , ........ * . PUBLIC .� � Not y blic f the State of Idaho Residing at ea It Cu-„ id04) My commission expires c �y 4e NOTICE OF ADOPTED ORDINANCES The following ordinances have been adopted by the Mayor and City Council and are presented in summary, full text of said ordinances are ,available for viewing at the City Clerk's office; City of Iona ordinance No.139-13-.08 An ordinance of the city of Iona amending section 8-2-34 of the City Code regarding administrative procedures for delinquent water accounts; Section 8=2-34 of the City Code of Iona, Idaho, is amended as follows: 8'-2-34: DELINQUENT ACCOUNTS: whenever a customer account is not paid within forty (40) days from the past due date, the City Clerk shall assess a delinquency charge in the amount of $5 for each month the account is delinquent. The City may also terminate water service to the delinquent customer and in such event a disconnect fee in the amount of thirty-five dollars ($35.00) shall be added to the :bill. Interest at a rate of one percent (1 % o) per month shall accrue on the unpaid balance of all delinquent accounts, including any unpaid delinquency charges or disconnect fees. If service is terminated for delinquency, it shall not be restored until the account is brought current, the delinquency charge and the disconnect fee are paid in full, and a reconnect fee of thirty-five dollars ($35.00) is paid in full or unless a written agreement for payment is approved by the Council. The disconnect fee shall be payable whenever a service trip is made for the purpose of disconnecting water service even though service is not actually disconnected. Partial payments shall be applied first to any unpaid delinquency charges or disconnect fees and then to the outstanding utility charges in the same order as the utility charges were accrued. Effective January 1, 2009. City of Iona ordinance No.140-14-08 An ordinance of the City of Iona amending sections 9=4-5, 9-4-21, 9-4-22, and 9-4-23 of the City Code relating to the parking and storage of motor vehicles on public' streets; Section 9-4-5 of the City Code of Iona, Idaho, is hereby repealed and re-enacted as follows: 9-4-5: STORAGE OF VEHICLES ON PUBLIC STREET: (A) It shall be unlawful for any automobile dealer to park or place any. "vehicle" as defined under Idaho Code § 49-123, upon any public street, alley or right-of-way within the City for the purpose of selling or offering such vehicle for sale or lease. For the purposes of this section, an automobile dealer is defined as any person who regularly engages in the sale or offering for sale of motor vehicles for profit or pecuniary gain of any kind. (B) It shall be unlawful to park or place any vehicle upon any public street; alley or right-of-way located within the City for a period of more than seven (7) consecutive days at the same location. For the purposes hereof, the term "location" shall mean an area within five hundred feet (500') in any direction from the exterior surface of such vehicle. ' (C)`It shall be unlawful to park or place anyvehicle upon any road way as defimed above, from and including the period commencing on Thanksgiving Day to and until Easter Sunday of the following year, between the hours of 6:00 a.m. and 12:00"noon, Monday through Friday, inclusive, except within areas lawfully designated for loading and unloading of goods and materials or within any other area lawfully designated as exempt from the provisions of this section, or except for the purpose of temporarily parking a bus or other public conveyance while loading or unloading of passengers. (D) Nothing in this Chapter shall be construed to prohibit the parking upon a public street of police vehicles, fire trucks or other emergency vehicles, or vehicles operated by a licensed physician while responding to an emergency call, from parking or allowing the parking of such motor vehicle during the course of responding to such emergency call` or to prohibit the parking of public safety vehicles,' snow removal vehicles, 'publicly owned maintenance vehicles or police vehicles. (E) Any vehicle parked or stored in violation of this Chapter may be removed by or under the direction of any peace officer and may be impounded in accordance with the provisions of this chapter or as otherwise provided by law. (F) For the purposes of this chapter,' the term "street" shall have the same meaning as the term "road -way" is defined under Idaho Code § 49-119` Section 9-4-21 of the City Code of Iona, Idaho, is hereby repealed and re-enacted as follows: 9-4-21: ENFORCEMENT ON PRIVATE PROPERTY: No person shall park or allow the parking of a vehicle on any privately owned lot or property without the express or implied consent of the owner thereof. Section 9 4-22 of the City Code of Iona, Idaho, is repealed and re-enacted as follows: 9-4-22: NOTICE OF VIOLATION: (A) Any police officer or other person duly authorized by the Chief of Police or Mayor may issue a Notice of Violation to any person who violates the provisions of this Chapter. The Notice of Violation shall be issued by placing it on the windshield of an illegally parked vehicle, in a secure manner; or in a prominent place therein. A separate Notice of Violation shall be issued for each parking regulation violated. If the violation is for overtime parking, a separate noticeshallbe issued for each hour, or fraction thereof, the owner or operator of the vehicle allows it to remain parked in violation of this chapter. (B) The notice of violation shall state the date and time when it is issued, the nature of the parking violation observed and the amount of the penalty as provided in section 9-4-23 of this chapter. The notice shall advise the owner or operator of the vehicle that he or she must admit the violation and pay the penalty therefore or deny the violation and deliver a written notice of such denial to the City Clerk, within twenty: one (2.1) days of the date the notice of violation is issued, in default of which an Idaho uniform citation or summons and criminal complaint may be served upon such person. (C) Any person issued a Notice of Violation may enter an admission in the following ways: By depositing the Notice of Violation together with the amount of penalty stated thereon in any collection box designated by the Chief of Police; By mailing the Notice of Violation together with the amount of the penalty stated thereon to the address -indicated on the notice; or By physically presenting the Notice of Violation together with the amount of the penalty indicated` thereon at the office of the City Clerk or City Treasurer: Section 9-4-23 of the City Code of Iona, Idaho; is hereby repealed and re-enacted as follows: 9-4-23: PENALTIES: (A) Any person who violates any parking' regulation herein, is guilty of an infraction and shall be subject to penalties as follows: If the violator admits the violation and .pays the penalty or delivers a written denial thereof to the City .Clerk within twenty one (21) days of the date the notice is issued, the penalty, upon conviction or admission, shall be as follows: (a) Violation of any parking regulation set forth in this chapter, except section`9-4-19 (Handicap Parking), shall be $20.00. (b) Violation of section 9-4-19`(Handicap Parking),` shall be $50.00 If a person violates any parking regulation and he or she fails to either deliver a written denial to the City Clerk or to admit the violation and pay the penalty as provided in the previous subsection within twenty one (21) days of the date the notice is issued, the penalty, upon conviction or admission, shall be as follows: (a) Violation of anyparking regulation , 9 (Handicap Parking), shall be $4000. (b) Violation of section 9-4-19 (Handicap Parking), shall be $100.00 (B) In the event any person violates any provision of this chapter within sixty (60) days of any prior violation of this chapter, the penalty "therefore shall be double the amounts set forth above. Effective January 1, 2009. - -City of Iona ordinance No.-141-15-08 An ordinance annexing the property located `at2412 N. 50 E. belonging to Scott and Elena Hunting into the City of Iona. ;The property is a single-family dwelling and is zoned R-1 residential. Effective December 16, 2008. City of Iona ordinance No.142-16-08 An ordinance annexing the property located at 2460;N. 50 E. belonging to LinLee Longhurst into the City of iona. The property is a single-family dwelling and is zoned R-1 residential Effective December 16, 2008.