HomeMy Public PortalAbout12 Amending Municiple Code Regarding Parking During Snow Removal Season TOWN OF TRUCKEE
California
ORDINANCE 2017-12
AN ORDINANCE AMENDING SECTIONS 10.17.030, 10.17.060, 10.17.200 AND 10.17.300
OF THE TRUCKEE MUNICIPAL CODE
REGARDING PARKING DURING SNOW REMOVAL SEASON
WHEREAS, Chapter 10.17 of the Truckee Municipal Code establishes restrictions on
parking on public streets and rights-of-way during months when snow is likely to occur; and
WHEREAS, Section 10.17.030 presently does not specifically include parking in public
street easements in the winter parking prohibition; and
WHEREAS, Section 10.17.060 presently requires signs giving notice of Chapter
10.17's parking restrictions to be erected at the Town's borders, but the content of the required
signs has been omitted from the ordinance; and
WHEREAS, Section 10.17.200 presently creates an exception to the parking
restrictions for areas located more than 48 inches outside the line of snow poles on any given
street but does not specifically state that vehicles parked more than 48 inches from the snow
pole line but still within the right-of-way are still subject to damage from Town snow removal and
that the Town will not be liable for such damage; and
WHEREAS, Section 10.17.300 presently contains an outdated schedule of fines for
infractions that is inconsistent with the general penalty provisions of Section 1.02.040; and
WHEREAS, resolving the sign text omission, clarifying liability for parking within the
right-of-way and public street easements, and removing the inconsistency in fine amounts will
improve Chapter 10.17 and make it easier for the public to understand; and
WHEREAS, all legal prerequisites for the adoption of this ordinance have been met;
The Town Council of the Town of Truckee Does Ordain as Follows:
Section 1. Section 10.17.030 of the Truckee Municipal Code is hereby amended by adding
", public street easement, or snow storage easement" following "Town right-of-way" in the first
sentence thereof.
Section 2. Section 10.17.060 of the Truckee Municipal Code is hereby amended to read as
follows:
10.17.060 Warning Signs
Signs giving notice of the provisions of this chapter shall be erected at each
entrance to the Town. Such shall signs shall be at least three feet square and
shall specify the dates between which parking is prohibited and cite Section
10.17.030 of this code.
' Section 3. Section 10.17.200 of the Truckee Municipal Code is hereby amended to read as
follows:
10.17.200 Parking Outside Snow Pole Line
Ordinance 2017-12
Page 2
Section 10.17.030 of this chapter shall not be deemed to prohibit parking in the
area between: (i) forty-eight (48) inches outside the snow poles which delineate
snow removal limits on public property; and (ii) the outer edge of the public right-
of-way, street easement, or snow storage easement, and no such vehicles
parked entirely within such areas shall be cited or towed. However, vehicles
parked in such areas are parked at the sole risk of their owners or operators and
the Town shall not be liable for any damage to vehicles or other personal
property located within such areas occurring during snow removal operations,
including without limitation snow plowing and snow blowing.
Section 4. Section 10.17.300 of the Truckee Municipal Code is hereby amended to read as
follows:
10.17.300 Violations and Remedies
A violation of this chapter shall constitute an infraction. The other provisions of
this chapter notwithstanding, a violation of this chapter shall be subject to civil
enforcement and the Town may seek injunctive relief and/or recovery of
additional costs of snow removal incurred in the removal of snow deposited in
violation of this chapter.
Section 5. If any section, subsection, sentence, clause or phrase of this ordinance is for any
reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining portions of the ordinance. The Town Council of the
Town of Truckee hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause and phrase thereof irrespective of the fact that one or more
sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional.
Section 6. The Town Clerk is hereby directed to publish this ordinance in accordance with
the law.
. . .. .
The foregoing Ordinance was introduced at a regular meeting of the Truckee
Town Council held on the 25th day of October, 2017, and adopted at a regular meeting of
the Truckee Town Council, on the 14th day of November, 2017; Vice Mayor Wallace Dee
moved for the adoption, the motion was seconded by Council Member Flora and was
carried by the following vote:
AYES: Vice Mayor Wallace Dee, Council Member Flora, Council Member
Tirman, and Mayor Goodwin.
NOES: none.
ABSENT: Council Member Abrams.
//4/
�. gan Goodwin, Mayor
ATTEST: APPROdVE/D� AS T�O4FORM:
S 7:2 ---
AS A AJudy P ice, T , Town Clerk Andy Morris, Town Attorney