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CHAPTER 04 Title 9 Public Parking CHAPTER 4 PUBLIC PARKING SECTION: 9-4-1: General Parking Restrictions 9-4-2: Parking in Alleys Prohibited 9-4-3: Parking in Residential Zones 9-4-4: Parking in Non-Residential Zones 9-4-5: Repair of Vehicles on Public Streets 9-4-6: Repealed 11-3-2016 9-4-7: Manner of Parking 9-4-8: Unattended Motor Vehicle 9-4-9: Abandoned/Storage of Vehicles or Property 9-4-10: Impounding Vehicles 9-4-11: Impound and Payment of Towing and Storage Fees 9-4-12: Establishing and Designating Parking Zones 9-4-13: Repealed 9-4-14: Parking in Loading or Parking Zones 9-4-15: Repealed 9-4-16: Persons with Disability Parking 9-4-17: Designation of Persons with a Disability Parking Space 9-4-18: Unauthorized Parking on Private Property 9-4-19: Enforcement on Public or Private Property Open for Public Use 9-4-20: Notice of Parking Violations 9-4-21: Penalties 9-4-22: Additional Remedies Preserved 9-4-23: Adopting of Additional Parking Restrictions 9-4-24: Restricted Parking/Storage on Front Yards and Street Side Corner Lots within Residential Zones 9-4-1: 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 law enforcement official, traffic control device or official designated by the City, in any of the following designated places, shall be guilty of an infraction or parking infraction: (A) On or across a public or private sidewalk parallel to the street. (B) Within any portion of or in front of a public or private driveway/ entrance blocking the entrance to a public street. (C) Within an intersection. (D) Within fifteen (15) feet of a fire hydrant. Title 9, Chapter 4 Page 1 of 9 Revised 7-12-2018 (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 signal, stop sign, yield sign or traffic control signal or traffic control device. (H) Between a designated safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a traffic regulatory sign indicates a different length is allowed. (I) On or within fifty (50) feet of the nearest rail of a railroad crossing. (J) On or 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. (K) In any fire apparatus access road as defined in the International Fire Code. (L) Beside or opposite any street excavation or obstruction in a manner which obstructs traffic. (M) Upon any street or portion thereof in a manner which blocks or interferes with the regular flow of vehicular traffic. (N) On the traffic side of any vehicle stopped or parked at the edge or curb of a highway (double parking). (O) Upon any bridge or elevated structure upon or part of a public street. (P) At any place where the street curb is marked in red to indicate no parking. (Q) Parking any motor vehicle upon any street in violation of any sign restricting parking within such area. (R) Parking in any parking space designated for use by persons with a disability (Handicap Parking space) within the City. (S) Violation of City Code Title 9, Chapter 9 Parking Restrictions relating to snow removal, including but not limited to violation of an ordered snow proclamation. (T) It shall be unlawful for any person to park, drive or operate a motorized vehicle, an RV, or trailer within any designated right of way dedicated as a swale within the City of Ammon. 9-4-2: PARKING IN ALLEYS PROHIBITED: Any person who parks a motor vehicle in any alley within the City for any purpose other than to load or unload such motor vehicle in a reasonably expeditious fashion shall be guilty of an infraction. Parking for purposes of loading or unloading a motor vehicle shall be permitted only if a clearance of Title 9, Chapter 4 Page 2 of 9 Revised 7-12-2018 at least ten (10) feet in width between the adjacent building or other structures if left on each side of the vehicle. 9-4-3: PARKING IN RESIDENTIAL ZONES: The following parking shall be prohibited on all public streets in all residentially-zoned districts within the City unless such parking is necessary to load or unload such motor vehicle within twenty-four (24) hours. Commercial motor vehicles used for public utility services, city motor vehicles, road construction vehicles or emergency vehicles used in the course of conducting an immediate business necessity are excluded. Any items described in sections A through F below, so parked may be removed under the direction of any law enforcement official or official designated by the City and may be impounded in accordance with the provisions of this chapter at the owner’s expense. Any person parking or who allows parking, thereof, shall be guilty of an infraction and subject to section 1-4-2 of the Ammon City Code: (A) Parking of a trailer of any kind, boat, recreational vehicle, motor home, camper, any item of property or abandoned property or (B) Parking a motor vehicle having a gross vehicle weight greater than eight (8,000) pounds for more than 2 hours or (C) Parking any agricultural, farming, or industrial machinery/equipment or (D) Parking any unlicensed vehicle or (E) Parking any broken down or inoperable vehicle or (F) “Commercial vehicle” means any motorized vehicle or trailer used for or intended for business use – including but not limited to the transportation of commercial equipment, merchandise, produce, freight, commodities, passengers, or animals – and which is characterized by any of the following: 1. Heavy equipment, such as earth movers, backhoes, skidsteer, generators, welders, cranes, forklifts, bulldozers, and the like, which are commonly used for construction, excavation, demolition, or lifting; vehicles used to haul equipment or materials, such as tow trucks, dump trucks, tanker trucks, semi-tractors, semi-trailers, cement trucks, or other similar vehicle. 2. Pickup trucks over one ton with a commercial modification, such as a flat bed, a dumping mechanism, mechanical lifts or arms for unloading and loading materials/equipment, aerial buckets or platforms, or similar feature. 3. Vehicles that exceed eight (8) feet in height. 4. Heavy equipment, such as earth movers, backhoes, cranes, forklifts, bulldozers, and the like, which are commonly used for construction, excavation, demolition, or lifting; vehicles used to haul equipment or materials, such as dump trucks, tanker trucks, semi-tractors, semi-trailers, cement trucks, or other similar vehicle. 5. Vehicles that exceed eight (8) feet in height. 6. Or as defined in Idaho Statutes Title 49 Chapter 1 Section 49 d. Title 9, Chapter 4 Page 3 of 9 Revised 7-12-2018 9-4-4: PARKING IN NON-RESIDENTIAL ZONES: The following parking shall be prohibited on all public streets in all non-resident zones within the City unless such parking is necessary to load or unload such vehicle in an expeditious manner. Commercial vehicles used for public utility services, city vehicles, road construction vehicles or emergency vehicles used in the course of conducting an immediate business necessity are excluded. Any person parking or who allows parking, thereof, shall be guilty of an infraction and subject to section 1-4-2 of the Ammon City Code: (A) On any arterial street. (B) Parking of a trailer of any kind, boat, recreational, camper, any item of property or abandoned property. (C) Parking a commercial motor vehicle having a gross vehicle weight greater than eight thousand (8,000) pounds for longer than 8 hours. (D) Parking any agricultural, farming, or industrial machinery/equipment. (E) Parking any unlicensed vehicle. (F) Parking any broken down or inoperable vehicle. 9-4-5: REPAIR OF VEHICLES ON PUBLIC STREETS: (A) No person shall use any street within the City of Ammon for the purpose of repairing motor vehicles, commercial vehicles, trailers of any kind, boats, recreational vehicles, campers or any items of property, except for temporary emergency repairs sufficient to enable such property to be removed with a maximum time limit not to exceed 72 hours and it shall be unlawful for any owner to abandon any such item of property upon any street. Any person who uses any street or alley within the City for the purpose of repairing any vehicle, except for temporary emergency repairs, shall be guilty of an infraction. (B) No vehicle or trailer shall be left unattended in such a condition or manner that it creates a safety hazard. Any such vehicle or trailer will be towed immediately at the owner’s expense. (C) The following is expressly prohibited when used to repair a vehicle, trailer of any kind, boat, recreational vehicle or any item of property on a public street: Jacks, blocks, stands or any device causing a public safety hazard. Due to the hazardous conditions that these entail there will be no time allotment allowed and towing will proceed immediately at owner’s expense. 9-4-6: REPEALED 9-4-7: MANNER OF PARKING: Except as otherwise provided in this chapter, any person who parks any vehicle, or allows the parking of any vehicle, in the following Title 9, Chapter 4 Page 4 of 9 Revised 7-12-2018 manner shall be guilty of an infraction and subject to section 1-4-2 of the Ammon City Code, to wit: 1. Where the wheels of such vehicle closest to the curb are greater than eighteen (18) inches. 2. At a distance of greater than eighteen (18) inches between the curb and the point on the front bumper of such vehicle closest to the curb, where the area is designated for angle parking. 3. Where a vehicle is not parked with the passenger wheels parallel to the right- hand curb and/or parallel to the edge of the asphalt. 9-4-8: UNATTENDED MOTOR VEHICLE: Any person who owns or has control of any motor vehicle and who leaves the vehicle upon any public streets or property, private property or private property open for public use without first stopping the engine, locking the ignition, and removing the key therefrom, effectively setting the parking brake and when parked upon a grade without turning the front wheel to the curb or side of street to prevent the vehicle from rolling into traffic shall be guilty of an infraction and subject to section 1-4-2 of the Ammon City Code. 9-4-9: ABANDONED/STORAGE OF VEHICLES OR PROPERTY: Any motor vehicle or commercial vehicle parked upon public streets within the City of Ammon for a period of in excess of seventy two (72) hours shall be deemed to have been abandoned or stored and the law enforcement official or an official designated by the City may cause the same to be removed and impounded in a place for safe-keeping at the owner’s expense. Any motor vehicle or commercial vehicle that has been tagged by any law enforcement official or City Enforcement Officer shall be removed from said Public Street for a minimum of twenty four (24) hours prior to being parked on a public street. 9-4-10: IMPOUNDING FEES: Any law enforcement official or official designated by the City may remove, or cause to be removed, and impound any vehicle parked in violation of the provisions of this Chapter or causing a hazardous condition, at the owner’s expense. The city is not responsible for any towed motor vehicle, commercial vehicle, trailer, boat, recreational vehicle, camper, any item of property or abandoned property including their contents. 9-4-11: IMPOUND AND PAYMENT OF TOWING AND STORAGE FEES: 1. The owner of any motor vehicle, commercial vehicle, trailer, boat, recreational vehicle, camper, any item of property, or abandoned, property impounded, removed from City streets, towed, or stored under this Code or any law of the State of Idaho shall pay to the impounding agency all impound and storage fees prior to gaining possession of said vehicle. Title 9, Chapter 4 Page 5 of 9 Revised 7-12-2018 2. Should the owner of said vehicle or property fail to pay the impound fees and storage charges, the city or its impounding agent may proceed to foreclose its lien for such fees and charges as per current State law. 9-4-12: ESTABLISHING AND DESIGNATING PARKING ZONES: The City Engineer may establish and designate parking and loading zones upon the streets of the City as deemed necessary. Upon designation of a parking zone, the City Engineer shall order the zone to be designated by painting or otherwise marking lines upon the street surface, the adjacent curb, or posting a restricted parking sign designating the area within which such zones are located. 9-4-13: REPEALED 9-4-14: PARKING IN LOADING OR PARKING ZONES: Any vehicle parked within a parking or loading zone shall be parked entirely within the markings designating one parking space; shall be parked parallel or diagonal to the curb in accordance with the markings of the parking space; and in case of diagonal parking, shall be parked so that the front portion of the vehicle closest to the curb is within eighteen (18) inches of the curb. A person may park a vehicle in a loading zone for the purpose of immediately unloading persons, supplies, or merchandise. 9-4-15: REPEALED 9-4-16: PERSONS WITH A DISABILITY PARKING: Any person who parks or allows a vehicle to be parked in any parking space designated for use by persons with a disability and signed in conformity with the next section of this Code is guilty of an infraction, unless the vehicle is momentarily in the space for the purpose of allowing a persons with a disability to enter or leave the vehicle, or unless special license plates or a card or temporary card issued for the persons with a disability pursuant to Idaho Code Section 49-410 displayed on the vehicle. For the purposes of this section, the registered owner of a vehicle who has expressly or impliedly consented to the use of his or her vehicle shall be deemed to have allowed the parking of such vehicle by the person to whom such consent was given. The “persons with a disability” shall have the same meaning as described in Idaho code Section 49-117. 9-4-17: DESIGNATION OF PERSONS WITH A DISABILITY PARKING SPACE: For the purposes of the preceding section, parking spaces shall be marked as per Idaho Code Sections 49-410 and 49-213. 9-4-18: UNAUTHORIZED PARKING ON PRIVATE PROPERTY: Any person, who parks or leaves unattended any motor vehicle, commercial vehicle, trailer, boat, recreational vehicle, camper, any item of property, or abandoned property upon any private property that is posted with one or more signs that are placed visibly from each vehicular entrance to the premises and are in English and is without the consent of the owner or person thereof, will be guilty of an infraction. Title 9, Chapter 4 Page 6 of 9 Revised 7-12-2018 9-4-19: ENFORCEMENT ON PUBLIC OR PRIVATE PROPERTY OPEN FOR PUBLIC USE: 1. The provisions of Section 9-4-16 and 9-4-17 shall be enforceable with respect to persons with a disability parking spaces upon public property and private property open to public use. 2. Parking restrictions shall be enforceable in any fire apparatus access road upon public property and private property open to public use. 3. Any unauthorized parking on private property in the provision of Section 9-4-18 shall be enforceable. 9-4-20: NOTICE OF PARKING VIOLATIONS: 1. A NOTICE OF VIOLATION of parking regulations of this chapter may be issued by any law enforcement official or an official designated by the City. The NOTICE OF VIOLATION shall be issued by placing it on the windshield of an illegally parked motor vehicle, commercial vehicle, trailer, boat, recreational vehicle, camper, item of property or abandoned property in a secure manner, or in a prominent place therein. A separate notice shall be issued for each parking regulation violated per day. 2. The NOTICE OF VIOLATION shall state the date and time when it is issued and the nature of the parking violation observed. The notice shall advise the owner or operator of the motor vehicle, commercial vehicle, trailer, boat, recreational vehicle, camper, item of property or abandoned property that he or she must admit or deny the violation and appear as listed on the citation: 3. Any person issued a parking notice may enter an admission by Mailing the NOTICE OF VIOLATION with the amount of the penalty stated thereon to the address indicated on the NOTICE. To deny and appear: 4. Citations issued and ordered to pay on an Idaho Uniform Citation shall go before the Bonneville County Magistrates Court on the date and time indicated on the NOTICE OF VIOLATION. Failure to appear for the NOTICE OF VIOLATION shall be reason to cause a summons and criminal complaint to be served upon such person. 5. Citations issued and ordered to pay to the Ammon City Offices shall go before the City of Ammon Traffic Hearing Board of Adjustment by requesting a hearing review at the City of Ammon offices, either in person or by written request. Any request for a Hearing Board review must be made within fourteen (14) days from the date of the issuance of the citation. After said date the City of Ammon may take actions as adopted by the City Council. All violations are subject to the fees set by the City of Ammon City Council by resolution which may be changed from time to time. 9-4-21: PENALTIES: Any person who violates any parking regulation herein is guilty of an infraction and shall be subject to section 1-4-2 of the Ammon City Code. Title 9, Chapter 4 Page 7 of 9 Revised 7-12-2018 9-4-22: ADDITIONAL REMEDIES PRESERVED: The issuance of a notice of violation shall not be the exclusive remedy for enforcing the parking regulations of this chapter and all other lawful remedies are reserved, including prosecution by filing a criminal complaint for failing to respond and answer to an infraction violation. 9-4-23: ADOPTING OF ADDITIONAL PARKING RESTRICTIONS: 1. The City Engineer may after reviewing and making the determination that there is a need, restrict parking upon certain areas without impeding the free flow of traffic or creating a safety hazard or dangerous and hazardous condition to pedestrians or other vehicular traffic. Upon determining the needs for said restrictions the City Engineer shall order signs to the erected and placed as needed. 2. The City Council may, after finding as herein stated, adopt a resolution to restrict parking to one side of streets and in such event, shall order signs to be erected upon such street directing that parking shall be allowed only upon one side. 3. The Mayor of the City of Ammon or their designee may from time to time determine that all motor vehicles shall be removed from designated streets for the purpose of cleaning, clearing, repairing, snow removal, community events and for traffic management for limited periods or to establish emergency no parking zones. 4. Upon the determination to remove all motor vehicles from designated streets, notice shall be given to the owners of any motor vehicles parked thereon, if known, or if not known notice shall be placed upon such motor vehicles in a prominent place requiring such motor vehicles be removed within a designated period in not less than twenty four (24) hours. 9-4-24: RESTRICTED PARKING/STORAGE ON FRONT YARDS AND STREET SIDE CORNER LOTS WITHIN RESIDENTIAL ZONES: Storage of vehicles and/or other items on residential properties, within the front yard or street side yard on a corner lot, may create unsightly conditions that could reduce overall property values and the enjoyment of citizens using the streets, sidewalks and adjacent properties in the surrounding area. The following restrictions shall apply to storage of items and vehicles within the designated front yard and/or the street side yard of a corner residential lot: (A) No driveway or improved parking surface shall cover more than fifty (50) percent of a residential front yard within the required setback. (B) It is prohibited to park or store any automobile, trailer, camper, van, pickup truck, recreational vehicle, boat, snow mobiles, ATV’s or other vehicle or other mobile equipment (whether or not motorized) unless placed within the allowed fifty (50) percent described in sub-section A of this section. (C) No more than two recreational vehicles or storage trailers shall be stored on a Title 9, Chapter 4 Page 8 of 9 Revised 7-12-2018 single residential front yard or street side yard of any lot at any time. (D) No vehicle or item being stored on a lot shall overhang a public right-of-way or sidewalk. (E) Any motorized vehicle, without current registration, trailer, camper, recreational vehicle, boat, or other vehicle or other mobile equipment which is inoperable shall be stored entirely within an enclosed structure or in a rear yard concealed from view by a solid, opaque, screening fence or wall at least six (6) feet in height. Title 9, Chapter 4 Page 9 of 9 Revised 7-12-2018